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Policies

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.


Payment Contract Options

At Apex Tutoring we recognise that every family’s circumstances are unique. This year we reworked our contract offerings so that we have options for just about everyone. Below are brief explanations of what each contract entails, and some of the pros and cons of each. Be sure to read your contract thoroughly, as the information below is a summary and does not go into complete detail.


Card on File Weekly/Fortnightly Contract

This is our primary contract which most families are on. With this contract, you enter and securely save your card details via Square, our payment processing system, reserving your weekly or fortnightly tutoring time(s). You card is automatically charged weekly or fortnightly. If you give 24-hour prior notice of an absence, you can receive credit for a make-up lesson, and you can bank up to two-weeks’ worth of makeup credits. (Make-up credits expire at the end of the school holiday period following the term in which they were issued.) Casual booking fees are waived. You can place your booking on hold by pre-paying for the lesson of your return and only pay the weekly (or fortnightly) admin fee while you are away. This contract requires two weeks prior notice to cancel ongoing tutoring.

Pros:

  • Your tutoring time(s) are reserved for you each week.*
  • Charges are automatic, so you don’t have to think about sending payment every week.
  • All payment processing fees are waived**
  • Casual booking fees are waived if you want to book an extra one-off lesson.
  • Priority bookings for siblings and day/time change requests (get placed at the top of our waiting list if not immediately available).

Cons:

  • Students or families who have highly variable schedules may not be able to make it to their reserved time every week (although you can have up to two weeks’ worth of make-up credits banked at any time).
  • Some families may not wish to store their card details on file.

* While your reservation cannot be fully guaranteed as tutors may be sick or otherwise unable to work, we will not book another student in your spot unless you cancel or reschedule.
** If your automatic charge does not process, you may incur late fees or payment processing fees if then paying by other means.


Pre-paid Weekly/Fortnightly Contract

This contract is for families who do not wish to store their card details on file. It is similar to the above, with the additional requirement of keeping a two-week deposit with Apex Tutoring. Card payments can be made by you via your Square invoice, or by cash, tapping your card, or direct deposit. If you pay by cash, tapping your card, or direct deposit, a $2 payment processing fee will be charged per transaction. If you are absent to a reserved tutoring time, payment must still be made in a timely manner in order to top up your deposit. If you gave 24-hour prior notice of the absence, you can receive credit for a make-up lesson, and you can bank up to two-weeks’ worth of makeup credits. (Make-up credits expire at the end of the school holiday period following the term in which they were issued.) If your deposit is not topped up within two weeks, you may lose your reserved tutoring time(s). Casual booking fees are waived. You can place your booking on hold by pre-paying for the lesson of your return the weekly (or fortnightly) admin fees for the weeks you will be away. This contract requires two weeks prior notice to cancel ongoing tutoring. Your deposit will be refunded upon cancellation of the contract (after the two-week notice) as long as you have no outstanding payments or fees.

Pros:

  • Your tutoring time(s) are reserved for you each week.*
  • Payment processing fees can be avoided if paying by card via the Square invoice.
  • Casual booking fees are waived if you want to book an extra one-off lesson.
  • Priority bookings for siblings and day/time change requests (get placed at the top of our waiting list).

Cons:

  • Students or families who have highly variable schedules may not be able to make it to their reserved time every week (although you can have up to two weeks’ worth of make-up credits banked at any time).
  • $2 payment processing fee per transaction for payments made by cash, tapping your card, or direct deposit.
  • If you forget to make a payment, late fees will be charged.
  • A two-week deposit must be kept with Apex Tutoring.

* While your reservation cannot be fully guaranteed as tutors may be sick or otherwise unable to work, we will not book another student in your spot unless you cancel or reschedule.


Casual Contract

This contract is for families who would like to book in on an as-needed basis or to different days and times most weeks. It offers the most flexibility but may be more expensive.

Pros:

  • Flexible bookings for students or families with highly variable schedules.
  • No requirement to attend weekly or fortnightly.
  • Book as needed.
  • 24-hour cancellation policy.

Cons:

  • No guarantee that a specific tutor or a suitable day or time will be available, especially during busy periods.
  • $16 casual booking fee applies for each week booked.

Don’t forget to read your contract thoroughly. If you have any questions about our contract and payment options, or would like to compare contracts, please just get in touch!


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:

  1. 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
  2. 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:

  1. The personal data we will collect;
  2. Use of collected data;
  3. Who has access to the data collected;
  4. The rights of Site users; and
  5. 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:

  1. The conditions set out in this Privacy Policy; and
  2. 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:

  1. IP address;
  2. Location;
  3. Hardware and software details;
  4. Clicked links; and
  5. Content viewed.

Data Collected in a Non-Automatic Way

We may also collect the following data when you perform certain functions on our Site:

  1. First and last name;
  2. Email address;
  3. Phone number; and
  4. Child’s Name and School Year.

This data may be collected using the following methods:

  1. 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:

  1. Analytics and statistics.

The data we collect when the user performs certain functions may be used for the following purposes:

  1. 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:

  1. If the law requires it;
  2. If it is required for any legal proceeding;
  3. To prove or protect our legal rights; and
  4. 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:

  1. 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;
  2. 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
  3. 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:
    1. 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