Covid-19 Policies and Procedures
We are a COVID Safe business and we will be complying with all regulations.
NOTE – If you are attending in person, you will be required to follow these procedures:
- Sanitize your hands before your lesson starts. You may use our provided sanitizer.
- Do not attend in person if the student is sick, is awaiting a COVID-19 test, has been in contact with someone diagnosed with COVID-19, or is otherwise required to self-isolate. In this case we can arrange for the lesson to take place online.
If restrictions change, we will make adjustments to our policies if necessary and let you know about any changes. Just let us know if you have any questions or concerns, and whether you’ll be attending online or in person.
Terms of Service
- Rates and costs charged for tutoring sessions
- If the client/payer has signed a payment contract, they will be charged the rates and costs listed in the contract, reflecting the rates and costs listed on the Apex Tutoring website https://www.apextutoring.com.au/about-us/available-hours-and-rates/ at the time the contract was drafted.
- Otherwise, the client/payer will be charged for each tutoring session according to the rates and costs listed on the Apex Tutoring website https://www.apextutoring.com.au/about-us/available-hours-and-rates/ at the time the booking is made, as long as it is paid for within 24 hours from the time the booking is made. If more time is taken to pay for the booking, the client/payer will be charged for the tutoring session according to the rates and costs listed on the Apex Tutoring website on the day the payment is made.
- Payment prior to each session
- Payment for tutoring sessions must be made and cleared prior to the start of each session.
- Payment for a tutoring session which are made or cleared after the start of the session will be considered late and incur a late fee of $4, with an additional fee of $4 for every additional seven days the payment is late.
- Payment requirements for ongoing bookings
- If a recurring weekly or fortnightly booking is made, payment is required for each weekly or fortnightly booking throughout the New South Wales Eastern Division school terms (see https://education.nsw.gov.au/schooling/calendars). Payment is required regardless of attendance of the booked session.
- If the client/payer has signed a payment contract, they may be eligible to reschedule an unattended lesson according to the terms in the contract, as long as payment for the session has been made and cleared.
- If the client/payer has not signed a payment contract, the client/payer is not entitled to reschedule an unattended lesson. Payment is still required for the booked weekly or fortnightly session which was not attended, as stipulated in 3a.
- Payment requirements for casual bookings
- Payment for casual bookings (those which are not recurring weekly or fortnightly) must be made at the time of booking in order to secure the session time with a tutor.
- The payment will be refunded if cancelled with at least 48 hours’ notice.
- The booking may be rescheduled if at least 24 hours’ notice is given.
- The booking may not be rescheduled nor refunded if less than 24 hours’ notice is given.
- Fees
- If payment is made by cash, direct deposit, or card at the point of sale, a $2 transaction fee will apply. This transaction fee can be avoided by the client/payer paying by card through the invoice emailed to them or by the client/payer leaving their card on file to be automatically charged.
- Payment for a tutoring session which are made or cleared after the start of the session will be considered late and incur a late fee of $4, with an additional fee of $4 for every additional seven days the payment is late.
- Surcharges
- Weekend bookings incur a $5 per hour surcharge in addition to the usual tutoring rate.
- Casual bookings incur a $16 booking charge per week in which casual bookings are made in addition to the usual tutoring rates.
Website Terms and Conditions
Effective Date: 1st day of July, 2023
These terms and conditions (the “Terms and Conditions”) govern the use of apextutoring.com.au and its subdomains, including, but not limited to, meetings.apextutoring.com.au (the “Site”). This Site is owned and operated by Melinda Amaral. This Site is a business website for in-person and online tutoring. By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
Intellectual Property
All content published and made available on our Site is the property of Melinda Amaral and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
- Harass or mistreat other users of our Site;
- Violate the rights of other users of our Site;
- Violate the intellectual property rights of the Site owners or any third party to the Site;
- Hack into the account of another user of the Site; or
- Post any material that may be deemed inappropriate or offensive.
- If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
User Contributions
Users may post the following information on our Site:
- Public comments.
By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.
Accounts
When you create an account on our Site, you agree to the following:
- You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
- All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Services
These Terms and Conditions govern the sale of services available on our Site.
The following services are available on our Site:
- Tutoring.
The services will be paid for in full on or before the day of the tutoring session.
These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Subscriptions
For weekly or fortnightly tutoring, your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription. You will not be automatically billed during the New South Wales public school holidays or if your session falls on a New South Wales public holiday.
To cancel your subscription, please follow these steps: Emailing accounts@apextutoring.com.au to give two-weeks of notice is required to cancel ongoing tutoring sessions. Automatic billing will cease two weeks after the email providing notice is received.
Payments
We accept the following payment methods on our Site:
- Credit Card;
- PayPal;
- Debit;
- Cash; and
- Direct Deposit.
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument. Non automatic payment methods may incur a $2 surcharge. Late payments may incur a $4 late fee per week.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Refunds
Refunds for Services
We provide refunds for services sold on our Site as follows:
- Casual sessions will be fully refunded if cancelled at least 48 hours before the services were scheduled to be provided.
- If pre-paid, weekly or fortnightly sessions will be fully refunded if the services are cancelled at least 2 weeks before the services were scheduled to be provided, as per our two-week cancellation policy.
Consumer Protection Law
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
Limitation of Liability
Melinda Amaral and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Melinda Amaral and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the State of New South Wales.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Melinda Amaral are unable to resolve any dispute through informal discussion, then you and Melinda Amaral agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Melinda Amaral. The costs of any mediation or arbitration will be paid by the unsuccessful party.
Notwithstanding any other provision in these Terms and Conditions, you and Melinda Amaral agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
(04) 0276 5445
apexadmin@apextutoring.com.au
2/152 Lakedge Avenue, Berkeley Vale NSW 2261
You can also contact us through the feedback form available on our Site.
Website Privacy Policy
Effective date: 1st day of January, 2023
www.apextutoring.com.au (the “Site”) is owned and operated by Melinda Amaral. Melinda Amaral can be contacted at:
apexadmin@apextutoring.com.au
+61 402 765 445
2/152 Lakedge Ave, Berkeley Vale NSW 2261
Purpose
The purpose of this privacy policy (this “Privacy Policy”) is to inform users of our Site of the following:
- The personal data we will collect;
- Use of collected data;
- Who has access to the data collected;
- The rights of Site users; and
- The Site’s cookie policy.
This Privacy Policy applies in addition to the terms and conditions of our Site.
Consent
By using our Site users agree that they consent to:
- The conditions set out in this Privacy Policy; and
- The collection, use, and retention of the data listed in this Privacy Policy.
Personal Data We Collect
We only collect data that helps us achieve the purpose set out in this Privacy Policy. We will not collect any additional data beyond the data listed below without notifying you first.
Data Collected Automatically
When you visit and use our Site, we may automatically collect and store the following information:
- IP address;
- Location;
- Hardware and software details;
- Clicked links; and
- Content viewed.
Data Collected in a Non-Automatic Way
We may also collect the following data when you perform certain functions on our Site:
- First and last name;
- Email address;
- Phone number; and
- Child’s Name and School Year.
This data may be collected using the following methods:
- Web form submission.
How We Use Personal Data
Data collected on our Site will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in this Privacy Policy.
The data we collect automatically is used for the following purposes:
- Analytics and statistics.
The data we collect when the user performs certain functions may be used for the following purposes:
- Communication with the user.
Who We Share Personal Data With
Employees and Contractors
We may disclose user data to any member of or contractor to our organisation who reasonably needs access to user data to achieve the purposes set out in this Privacy Policy.
Other Disclosures
We will not sell or share your data with other third parties, except in the following cases:
- If the law requires it;
- If it is required for any legal proceeding;
- To prove or protect our legal rights; and
- To buyers or potential buyers of this company in the event that we seek to sell the company.
If you follow hyperlinks from our Site to another Site, please note that we are not responsible for and have no control over their privacy policies and practices.
How Long We Store Personal Data
Automatically collected user data will be stored indefinitely. Non-automatically collected user data will be stored for one year.
You will be notified if your data is kept for longer than this period.
How We Protect Your Personal Data
In order to protect your information, all data is stored on a secure server and accessed or downloaded via encrypted connection via a secure laptop. While we take all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times and therefore we are unable to guarantee the security of user data beyond what is reasonably practical.
Children
We do not knowingly collect or use personal data from children under 16 years of age. If we learn that we have collected personal data from a child under 16 years of age, the personal data will be deleted as soon as possible. If a child under 16 years of age has provided us with personal data their parent or guardian may contact our privacy officer.
How to Access, Modify, Delete, or Challenge the Data Collected
If you would like to know if we have collected your personal data, how we have used your personal data, if we have disclosed your personal data and to who we disclosed your personal data, or if you would like your data to be deleted or modified in any way, please contact our privacy officer here:
Melinda Amaral
apexadmin@apextutoring.com.au
+61 402 765 445
2/152 Lakedge Ave, Berkeley Vale NSW 2261
Cookie Policy
A cookie is a small file, stored on a user’s hard drive by a website. Its purpose is to collect data relating to the user’s browsing habits. You can choose to be notified each time a cookie is transmitted. You can also choose to disable cookies entirely in your internet browser, but this may decrease the quality of your user experience.
We use the following types of cookies on our Site:
- Functional cookies
Functional cookies are used to remember the selections you make on our Site so that your selections are saved for your next visits; - Analytical cookies
Analytical cookies allow us to improve the design and functionality of our Site by collecting data on how you access our Site, for example data on the content you access, how long you stay on our Site, etc; and - Third-Party Cookies
Third-party cookies are created by a website other than ours. We may use third-party cookies to achieve the following purposes:- Statistics and analytics.
Modifications
This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy we will update the “Effective Date” at the top of this Privacy Policy. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy.
Contact Information
If you have any questions, concerns, or complaints, you can contact our privacy officer, Melinda Amaral, at:
Melinda Amaral
apexadmin@apextutoring.com.au
+61 402 765 445
2/152 Lakedge Ave, Berkeley Vale NSW 2261