Terms and Conditions

Client’s (students’ and parents’/guardians’) use of our services is subject to legally binding terms and conditions as specified herein. Carefully read the following terms and conditions before accessing or using our website and service. The use of our services indicates the acceptance of the following terms and conditions and client’s agreement to be bound by them. These terms and conditions regulate the business relationship between you and us when you use the website https://www.firstchoicetutoring.com.au (Our Website). By using Our Website in any way, or by purchasing our Services, you agree to be bound by them. 

No person under the age of 18 years may use our Website and Services or provide personal information to us. Persons under age 18 may only use our Website and Services with the involvement and consent of a parent or legal guardian. 

The following terms and conditions form a binding agreement between Client and FCT First Choice Tutoring. We may change these terms and conditions at any time without advance notice. FCT First Choice Tutoring reserves the right to alter these terms and conditions. The continued use of our services after any change means client has accepted the changed terms and conditions. 

  1. Disclamer

The information contained in this document (“Information”) has been prepared for general information and it is not intended that the Information be relied on by recipients. FCT First Choice Tutoring does not give any warranty as to the accuracy, reliability, or completeness of the Information and accepts no responsibility for updating or correcting any part of the Information. 

FCT First Choice Tutoring and its employees, contractors and consultants do not accept any liability (whether arising in contract, or tort, or negligence or otherwise) for any error, omission or misrepresentation in relation to the Information or for any loss, damage, cost or expense (whether direct, indirect, consequential or otherwise) incurred by any person whatsoever arising out of or referable to the Information on this document. 

By agreeing to use and pay for the service provided by FCT First Choice Tutoring, you agree to these terms and conditions of service. If a breach of any of these terms is found, the Client’s service will be terminated.

We disclaim any warranty that any information, advice and material obtained in the course of providing the Service will be accurate, complete, reliable, current, useful or error-free.  To the extent permissible at law, the Service is provided on an “as is” and “as available” basis, without warranties of any kind other than those prescribed under the Australian Consumer Law or other applicable law.   

FCT First Choice Tutoring does not exercise any control over all of the content of the Service.  To the extent permissible at law, opinions, advice, representations and other information or content expressed or made available in the course of providing the Service, are provided by their respective authors/makers’ authors and not FCT First Choice Tutoring, or its staff.

FCT First Choice Tutoring does not make any representations or warranties that the Website, and/or Student access to the Service and/or the Centre will be uninterrupted or always available.  FCT First Choice Tutoring does not guarantee that any given tutorial or other planned activity will always be available or performed as scheduled.

FCT First Choice Tutoring does not provide, nor do we accept any responsibility or liability for a Student’s devices nor any other costs associated with their use of the Service, nor for the safety or security of any personal belongings used by the Student.

You accept that information or advice found or made available through the Service and at the Centre is general information, is not in the nature of advice and is not guaranteed to be error-free.  Independent enquiries should be made before relying on anything said or done in the course of the provision of the Service.

The Service is not intended to replace regular class attendance or each Student’s own taking or generating of notes.  The Service is intended to be used in conjunction with and not as a substitute for a Student’s own study notes and directions from their regular teachers.  The Student is responsible for maintaining classroom attendance and good study habits and following the necessary syllabus. 

FCT First Choice Tutoring does not represent or warrant that using the Service will lead to any particular study outcome or academic result and disclaim any warranty that the Service can be relied upon.

Where legislation (including the Australian Consumer Law) implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability and the remedies available to you will be limited to the extent permissible at law.  

To the extent permissible at law, in no circumstance will FCT First Choice Tutoring be liable to you for any indirect, incidental, special and/or consequential loss or damage (including loss of profits, revenue, production, goodwill, data or opportunity including educational opportunity) of any nature arising through or as a result of your use of the Service or materials purchased or obtained through it.

2.  Privacy

FCT First Choice Tutoring is the sole owner of all information collected on the website and this form. You acknowledge and consent that any Information provided to FCT First Choice Tutoring in connection with the use of their service may be used by FCT First Choice Tutoring for its own purposes, including but not limited to marketing purposes, planning, product development and research purposes. Your personal information will be kept absolutely confidential by FCT First Choice Tutoring and will not be given to any other party except as agreed by you in the course of business terms and conditions, or if formally requested by law enforcement agencies. 

If you disclose to FCT First Choice Tutoring or we find out certain information about you that FCT First Choice Tutoring believes could be harmful to you or to others, we may disclose this information to the relevant authorities, including your parents, your school, a health care professional or anyone else we deem necessary that will assist FCT First Choice Tutoring with dealing with the situation.

By agreeing to our service, you also consent to any images/video/audio taken during lessons or out of Students time for any marketing purposes.

3. Copyright, Trademarks & Intellectual Property

Copyright in all information and other materials used within (including information and its arrangement) are owned by FCT First Choice Tutoring. All rights are reserved. Students may access materials on our Websites during the term of their enrolment. Copyright in materials provided through the Service is either owned by FCT First Choice Tutoring or licensed (whether explicitly or implicitly to us).

Except as permitted under applicable laws, no part of their services may be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purpose without the express written consent of FCT First Choice Tutoring. You may imprint, copy, download or temporarily store extracts from their services for your personal information or when you use FCT First Choice Tutoring products and services. You must not alter anything. In particular you may not use a part of this website on any other website, or link any other website to this website, without the express written consent of FCT First Choice Tutoring.

Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation throughout the world, and except as expressly authorised under such legislation by this Agreement, with FCT First Choice Tutoring’s prior written permission or where you are the owner of copyright in the materials in question, you may not in any form or by any means reproduce, copy, adapt, translate, store, distribute, re-distribute, purport to sub-license, on-sell, print, display in public, perform, communicate to the public or create derivative works from the materials FCT First Choice Tutoring provides or make available in the course of providing the Service, or any substantial part thereof.  Such materials are licensed to you/the Student for personal, private, non-commercial use only.

Any resources given to the Client by a Tutor from FCT First Choice Tutoring should not be shared with other students who do not attend lessons with FCT First Choice Tutoring. Instead, they should be kept to the benefit of the Client. 

The brands “FCT First Choice Tutoring” and “First Choice Tutoring”, including any logo version of that trade mark, belong to FCT First Choice Tutoring and may not be used by you without FCT First Choice Tutoring’s prior written consent.

4. Services & Information

By agreeing to accept the service provided by FCT First Choice Tutoring, whether that be weekly classes or the subscription-marking service, the Client understands that our tutors are trained to help them excel in the Higher School Certificate to the best of their ability. All students have access to the resources of the company as advertised and are also able to contact their tutor at any time. By purchasing tuition, the subscription essay marking is included in that cost for every subject that they are enrolled in, any extra subjects that they are not enrolled in can be included by either enrolling in tuition or purchasing the subscription service, depending on the needs of the Client. FCT First Choice Tutoring performs our services in a manner to respect student confidentiality. We voluntarily follow the Code of Conduct as set out by the Australian Tutoring Association that obliges us to use our resources for the best educational outcomes for students, use our teaching and learning practices to enhance out student’s self-esteem and confidence to learn and use our skills to the best of our ability to teach students so that they improve in the subjects in which they receive tuition. Our service lasts for a total of 40 weeks, including the first term of Year 12 (Term 4 of Year 11), thus, our service is still delivered during state sanctioned school holidays. 

Upon enrolment and at other times during the course of providing the Service, we may collect information, including your and the Student’s names, address, dates of birth, email addresses, phone numbers and other relevant details. We may ask to be kept updated on your academic performance 

You agree to provide accurate and complete information and to keep this information updated when interacting with us. You declare that the information provided to us for the purposes of enrolment and seeking and continuing enrolment will be complete and accurate. 

5. Fees 

Entitlement to enrolment and other Services is conditional on us receiving the applicable Enrolment form and any other necessary initial forms. The applicable Fees are indicated and updated from time to time on our Website. Except as set out in this Agreement, Fees are payable on the basis that the Student is enrolled for and required to pay in respect of the duration of the academic year but we allow the payment to be made in instalments in advance on a fortnightly basis. The fees will be calculated at a rate agreed in advance between FCT First Choice Tutoring and the Client based on the price list provided by First Choice Tutoring. FCT First Choice Tutoring provides discounts if an entire year (40-weeks) or an entire term (10-weeks), are paid in full at the agreed percentage between FCT First Choice Tutoring and the Client. 

Fees are charged and payable in Australian dollars (AUD), Fees are exclusive of and do not include any Goods and Services Tax (“GST”) that may be payable in relation to the provision of the Service unless otherwise stated and in the event that GST is payable you must pay to us an additional amount equal to the amount of any GST payable by the supplier of the Services.

Unless we agree otherwise in writing, Fees do not include charges relating to the supply of any printed or other materials or optional additional services (including the conduct of intensive or extra classes, private tutoring, exam revision and other services designated as excluded on our Website), for which additional charges may apply as notified from time to time.

6. Payment 

The billing process will be under the control of FCT First Choice Tutoring. The Client will pay for each session in full at the time of booking if by method of direct debit through Pay Advantage. Direct Debits are taken out of the Clients account on the Monday of each fortnight during the duration of the service. 

You warrant that there will be sufficient funds or credit facilities to cover the order amount.  We reserve the right to obtain validation of your payment details before granting use of the Service. If we have attempted to charge your card three times and there were insufficient funds you may incur an administration fee of $50 to reinstate your account.

7. Cancellation Policy

Client may always cancel a one on one sessions more than twenty-four (24) hours in advance of the designated start time. This is done by emailing FCT First Choice Tutoring and letting them know in writing. Cancellations made more than twenty-four hours in advance will incur no penalty, and will result in a rescheduled lesson within the same week. Cancellations made less than twenty-four hours in advance of the designated start time will be considered “late cancellations” And will be charged as normal. Clients enrolled in group lessons are unable to reschedule or cancel lessons that are within their lesson plan, but will have access to lesson recordings after the lesson takes place. 

In the event of a late cancellation, FCT First Choice Tutoring will issue half price of one session. If a tutor needs to cancel a lesson, another tutor will substitute for the Client’s lesson. If FCT First Choice Tutoring needs to cancel a session, a full refund for that class will be issued to the Client. 

In the event that the Client wishes to terminate their service, they must provide 14 days’ written notice to FCT First Choice Tutoring. If you have paid upfront for the Services, on your request we shall issue a refund of any unused lessons, less your Membership fees for the two (2) weeks notice period. 

8. Student Conduct & Behaviour

In the course of attending lessons or otherwise using the Service Students must not:

  • Do anything that is disruptive or damaging to others or the FCT First Choice Tutoring facilities, environment and personnel. This includes refusing requests that mobile phones and other similar devices be turned off or kept on silent mode during classes;
  • Say or represent anything that is defamatory of another student or any other person or do or say anything that is racist, homophobic, misogynistic, abusive, hateful, threatening, hostile, intimidating, bullying, harassing or constitutes an invasion of privacy;
  • Incite hatred or discrimination against any person or group of persons;
  • Engage in conduct that is misleading, false, deceptive, insulting, derogatory or 
  • Infringe any third party’s intellectual property rights (including copyright) or breach confidentiality;
  • Do or say anything that is vulgar, obscene or profane, is inflammatory or contains expletives;
  • Do anything that involves use of a photograph or other likeness, or personal or private information of another person without their consent;
  • Do or say anything that involves impersonating another person (especially but not only teaching staff or our staff) or misrepresents your relationship with any person;
  • Bring or permit third parties who are not enrolled into our Services for the purpose of using the Service; or
  • Promote or encourage unlawful conduct or activities.

If FCT First Choice Tutoring becomes aware of any Student conduct that breaches the terms of this Agreement, we may terminate this Agreement, and/or terminate or suspend the Student’s Enrolment or other access to classes and Services.  In addition, we may also seek any other remedies available at law.  We may also disclose a Student’s identity (and if appropriate your identity as the Student’s parent or guardian) and related information in the event that we receive a complaint (for example, from another Student or their parent/guardian), if legal action is threatened or commenced against us and/ or in respect of the Student’s conduct and activity. We have the right to escort and remove the student from our Services for inappropriate behaviour.

This Agreement may be terminated by us on written notice to you if there is a breach of this Agreement and we have provided you with 7 days’ written notice to remedy that breach and you have not remedied the breach, or immediately if the breach is incapable of remedy. No refunds are available in the event of termination for your/ Student breach.

9. Late Arrival & No-Show Policy

There will be no rescheduling or discount allotted for late arrival. If Client shows up to the session late but within fifteen (15) minutes of the designated start time, the session will be held for the remainder of the time reserved. A Client is considered a “no-show” if he/she fails to show up to the session within fifteen (15) minutes of the designated start time. If the Client is over fifteen (15) minutes late, the session will be cancelled. Special Offers & Rewards

Occasionally, FCT First Choice Tutoring may provide special promotional offers such as a free day pass or ‘bring a friend’ promotions. Each such offer will have and be subject to its own terms and conditions, but if you sign-up to a special promotion you also agree to be bound by this Agreement.

FCT First Choice Tutoring may also provide incentive schemes designed to reward you for introducing or referring others who take up enrolment.  Where you have referred such Students to us by providing their details to us, we may provide you with rewards such as vouchers or other benefits subject to that Student enrolling to the services offered by FCT First Choice Tutoring

10. Special Offers & Rewards

Occasionally, FCT First Choice Tutoring may provide special promotional offers such as a free day pass or ‘bring a friend’ promotions. Each such offer will have and be subject to its own terms and conditions, but if you sign-up to a special promotion you also agree to be bound by this Agreement.

FCT First Choice Tutoring may also provide incentive schemes designed to reward you for introducing or referring others who take up enrolment.  Where you have referred such Students to us by providing their details to us, we may provide you with rewards such as vouchers or other benefits subject to that Student enrolling to the services offered by FCT First Choice Tutoring

11. Non-Solicitation

Client agrees that he/she will not solicit any tutors of FCT First Choice Tutoring to work for his/her own or any other personal or business ventures. Client agrees that during the period of contract and for a period of one (1) year immediately after termination of this agreement with FCT First Choice Tutoring, Client will not, either directly or indirectly for himself/herself or for any other person, family or business, call upon, solicit, divert, or take away, or attempt to solicit, divert or take away any of the tutors, business, or partners of FCT First Choice Tutoring with whom Client has become acquainted during or after Client’s contract with FCT First Choice Tutoring. 

12. Limitation of Liability & Indemnity 

In no event will FCT First Choice Tutoring be liable for any direct or indirect damages arising out of access to or use of its tutoring services beyond its service fee received from clients. As a condition of use of this service, Client agrees to indemnify FCT First Choice Tutoring from and against any and all liabilities, expenses (including legal fees) and damages arising out of or related to the carrying out of the tutoring by a Tutor introduced by FCT First Choice Tutoring. 

You agree to fully indemnify and hold FCT First Choice Tutoring (and our employees) harmless against any expenses, costs, loss or damage (including consequential loss) that FCT First Choice Tutoring may suffer or incur as a result of or in connection with your or the Student’s use of the Service and any breach by you or the Student of this Agreement.

13. Refund Policy 

FCT First Choice Tutoring reserves the right to refuse a refund for any completed tutoring session. In the case where the tutoring package is partially completed, the balance can be refunded less administration fee on a case-by-case scenario. However, the hourly rate for the completed tutoring sessions will be charged at full price with no discount. 

Except as set out under this Agreement or where required at law, including under the Australian Consumer Law, all Fees are non-refundable.  Without limitation, this includes where attendance as a result of the use of the Service is prevented by circumstances such as Student illness or any other factor affecting the Student’s attendance or use of the Service, whether foreseen or unforeseen.

14. Authority to Enter Agreement 

You warrant that you have full authority and entitlement to enter into this Agreement as either a Student (of 18 years or over) or the legal parent or guardian of a Student to whom the the classes and Services will be provided. 

You personally guarantee the performance of all of the obligations of the Student under this Agreement.  You agree and acknowledge that in the event that FCT First Choice Tutoring suffers loss or damage as a result of a Student being a minor we reserve the right to take legal action and seek recompense from you as the Student’s parent or legal guardian of that minor.

15. No Warranties

FCT First Choice Tutoring makes no promises or warranties with regards to a Client’s performance as a result of any tutoring provided. While FCT First Choice Tutoring and its Tutors will prepare the Client academically to the best of their ability, they are not liable nor do they accept any responsibility for their performance within any examination or assessment task. 

16. Modification & Amendments

This Agreement can be modified by amendment and updated on the website of FCT First Choice Tutoring. Client’s will be made aware of any and all modifications. 

FCT First Choice Tutoring reserves the right to amend this Agreement when necessary.  Amendments will be effective immediately upon publication on the Website and will apply to all transactions occurring and agreements entered into following such publication.  Your continued use of the Service following such notification will represent an agreement by you to be bound by this Agreement as amended.

17. Entire Agreement

This Agreement sets forth the entire agreement and understanding between the parties relating to the subject matter herein and supersedes all prior discussions between the parties. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing signed by the party to be charged. 

18. Severability

If one or more of the provisions in this Agreement are deemed void by law, then the remaining provisions will continue in full force and effect. 

19. Headings

Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof. 

20. Additional Acknowledgements 

Both parties acknowledge and agree that: (a) the parties are executing this Agreement voluntarily and without any duress or undue influence; (b) the parties have carefully read this Agreement and have asked any questions needed to understand the terms, consequences, and binding effect of this Agreement and fully understand them; and (c) the parties have sought the advice of an attorney of their respective choice if so desired prior to signing this Agreement. 

21. Minors

Where the Client is a legal minor, the Parent/Guardian shall enter into this tutoring agreement on behalf of the Client and shall accept and agree to all the terms and conditions of the policies contained herein on behalf of the Client.

22. Governing Law

This Agreement is governed by the laws in force in New South Wales, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia and their Courts of Appeal.

23. Ethics Code

FCT First Choice Tutoring will conduct their business honestly and ethically wherever we operate. We will constantly improve the quality of our services and operations and will create a reputation for honesty, fairness, respect, responsibility, integrity, and trust.

We ask Tutors to: 

  • Avoid representing FCT First Choice Tutoring in any transaction with others with whom there is any outside business relationship 
  • Avoid using their company contacts to advance their private business or personal interests at the expense of the company, its clients or affiliates 
  • Give no bribes or other similar remuneration or consideration to any person to attract or influence business activity 
  • Avoid gifts, gratuities, fees, bonuses or excessive entertainment, in order to attract or influence business activity 
  • Report all information accurately and honestly, and as otherwise required by applicable reporting requirements 
  • Seek to avoid exaggerating or disparaging comparisons of the services and competence of their competitors. 
  • Obey all Equal Employment Opportunity laws and act with respect and responsibility towards others in all of their dealings. 
  • Agree to disclose unethical, dishonest, fraudulent and illegal behaviour, or the violation of company policies and procedures, directly to management. 

Violation of this Code of Ethics can result in discipline, including possible termination or suspension of contractor agreements.

FCT First Choice Tutoring absolutely prohibits the use of alcohol or non-prescribed drugs while on any FCT First Choice Tutoring or Company premises, or while in the home of a client. It also discourages non-work place drug and alcohol abuse. The use, sale or possession of alcohol or non-prescription drugs while on the job, on any First Choice Tutoring or Company premises, or in the home of a client will result in immediate termination of the Tutor Agreement. If any clause of these terms and conditions is held to be legally invalid or unenforceable, the invalid or unenforceable wording shall be deemed to be omitted. 

FCT First Choice Tutoring absolutely prohibits any acts of sexual harassment towards an FCT First Choice Tutoring Customer, including grooming and sexual relations, whether outside or on the tutoring premises. 

Child protection is a matter that should be central to the training, awareness and understanding of all tutors. Amongst other things, tutors should apply the following standards: 

  • Tutoring should be conducted in rooms where there are windows, so that a person outside the room can see into the room, or the door should be open so that the tutoring can be viewed and heard. Furthermore, no child should be disciplined by a tutor in a room with a closed door. 
  • Tutoring should only take place in a public part of the home with a parent or responsible adult present. Tutoring should never take place in a child’s bedroom. At the end of each session that takes place within a child’s home a responsible adult, who was present in the home throughout the duration of the tutoring, should sign off the session as having been conducted appropriately and in a public space. 

You can see more info here on child protection policies on the ATA site: https://ata.edu.au/resources/child-protection/

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