Tutoring Terms and Conditions

Table of Contents

 

1. Service Description

2. Enrolment & Eligibility

3. Fees, Payment Terms & Billing

4. Cancellation & Rescheduling

5. Termination

6. Student, Parent & Tutor Conduct

7. Intellectual Property

8. Disclaimer (academic results)

9. Consumer Guarantees under the Australian Consumer Law

10. Limitation of Liability & Indemnity

11. Force Majeure

12. Variation of Terms

13. No Access or Use Where Prohibited by Law

14. Governing Law & Dispute Resolution

15. Severability & Entire Agreement

16. Contact Details

 

Last updated: 29 December 2025

 

These Terms and Conditions (‘Terms’) apply when signing up for the tutoring services operated and provided to you by Tutoring Tree ABN 16 217 001 840 (‘Business’, 'we', 'us', or 'our').

 

 In these Terms, “Tutoring Services” refer to our in-person or online tutoring sessions, resources, and any additional services we may provide. “You/your” refers to the parent or guardian who completes the enrolment form and signs these Terms; “Student” refers to the child being tutored; “Tutor” refers to the entity delivering the in-person or online tutoring sessions. These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and Tutoring Tree, concerning your access to and use of the Tutoring Services. You agree that by accessing the Tutoring Services, you have read, understood, and agreed to be bound by all of these Legal Terms and Privacy Policy located at https://www.tutoringtree.com.au/.

 

IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY

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1. Service Description

 

Tutoring Tree provides one-on-one or group tutoring services delivered either in-home or online, tailored to the individual needs of each student. Tutoring sessions are scheduled at mutually convenient times between you and your tutor.

 

These Terms apply to all standard tutoring sessions captured in this Terms, and do not apply to Hybrid Stream under The Head Start Program (the Program), which includes one Program session and one standard tutoring session per week.

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2. Enrolment & Eligibility

 

The Tutoring Services are available to students of any school year level (K-12). However, if the Student is under 18 years of age, a parent or guardian must:

 

1. complete the enrolment form,

2. accept these Terms on the Student’s behalf, and

3. ensure the Student’s appropriate use of the Tutoring Services—including the Learning-Management System (LMS) and any live-online sessions.

 

By submitting the enrolment form you confirm that you are the Student’s parent or legal guardian (or have their authority) and that all information provided is accurate and complete.

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3. Fees, Payment Terms & Billing

 

a. Tutoring Fees (excluding GST):

• $60 per hour for students in Years K–10

• $70 per hour for students in Years 11–12

• $40 per hour per student for group sessions (Years K–10)

• $45 per hour per student for group sessions (Years 11–12)

 

b. Billing & Payment:

• Tutoring fees are invoiced weekly via email on the Sunday immediately following each session.

• Payment is due within seven (7) days of the invoice date and must be made online using the payment link provided.

 

c. Late or Non-Payment:

• If payment is not received by the due date, a payment reminder will be issued the following week.

• If payment remains outstanding, tutoring sessions may be paused until the balance is settled.

• Continued non-payment may result in the account being referred to a debt collection agency or legal proceedings, including recovery of any associated costs incurred by Tutoring Tree.

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4. Cancellation & Rescheduling

 

a. Individual Sessions

• Sessions may be rescheduled with at least 6 hours’ notice prior to the scheduled start time.

• Rescheduling must be organised directly between all Parties (each student/parent and the tutor). If no mutually available time can be found, the session may be cancelled.

• Sessions cancelled with less than 6 hours’ notice will be invoiced in full.

• If a tutor cancels a session, no fee will be charged.

• Sessions falling on public holidays are assumed to proceed as scheduled unless rescheduled in advance by mutual agreement.

• Tutoring Tree reserves the sole discretion to consider other circumstances on a case-by-case basis.

 

b. Group Sessions

• Clause 6 - Cancellation & Rescheduling applies to Group sessions.

• Rescheduling must be agreed upon by all Parties.

• If a mutually suitable time cannot be found, the session will be treated as cancelled under the following rules:

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Situation

All students cancel with ample notice

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Outcome

Session is cancelled and no fee is charged.

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Situation

One student cancels with ample notice

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Outcome

Remaining student(s) and tutor may:

• Proceed with the session at the standard group rate for attending student(s); or

• Cancel the session entirely at no cost.

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Situation

One student cancels with <6 hours’ notice

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Outcome

Remaining student(s) and tutor may proceed as above. The absent student may still be billed for their portion at Tutoring Tree’s discretion.

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Situation

Frequent cancellations (2+ consecutive absences)

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Outcome

May result in:

• Suspension of tutoring for the absent student;

• If only one student remains in the group, Tutoring Tree may charge the individual tutoring rate.

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5. Termination

 

Tutoring services can be terminated by providing at least one week’s written notice to Tutoring Tree via email (info@tutoringtree.com.au) or other written notice we acknowledge.

 

Sessions scheduled within that notice period can be billed and payable as normal. Sessions already scheduled within the notice period remain payable unless cancelled by Tutoring Tree. Any prepaid fees for undelivered sessions will be refunded pro-rata, subject to the Australian Consumer Law (ACL).

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6. Student, Parent & Tutor Conduct

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1. Respectful Behaviour

   • All Parties must treat one another with courtesy, patience, and professionalism at all times.

   • Discrimination, harassment, bullying, or the use of offensive or inappropriate language is strictly prohibited.

   • Tutors may suspend or terminate a session if a student or parent/guardian engages in disrespectful, aggressive, or inappropriate behaviour.

2. Punctuality & Preparedness

   • Students must be ready to begin each session at the scheduled time, with all necessary materials (e.g. textbook, calculator, device) on hand.

   • Tutors will commence sessions promptly and deliver the agreed session length.

3. Safe Learning Environment

   • Tutoring sessions must occur in a safe and appropriate space. A parent or responsible adult must be present in the home during in-person sessions.

   • Tutoring sessions must never occur in a student’s bedroom.

   • The space must be quiet, well-lit, and free from distractions or safety hazards.

   • Tutors may terminate any session where the environment is unsafe; the session fee will still apply.

   • For online sessions, parents/guardians are responsible for ensuring appropriate supervision. This includes being physically present or within hearing range, and being aware of all interactions between tutor and student via any device.

   • Supervision may be implemented through software, parental presence, or other reasonable means.

   • Tutors are not responsible for supervising students before or after the scheduled tutoring session. Responsibility for the Student reverts immediately to the parent, guardian, or responsible adult once the session concludes. Tutoring Tree accepts no liability for incidents occurring outside the scheduled tutoring period. Tutors are not required to wait beyond the scheduled session end time.

4. Academic Integrity

   • Students are expected to complete their own work honestly. Plagiarism or undisclosed AI-generated content is a breach of these Terms.

5. Recording & Privacy

   • Sessions may not be recorded—whether audio, video, or screen capture—without prior written consent from all parties involved (student, parent/guardian, tutor, and Tutoring Tree).

6. Communication Channels

   • Non-urgent matters (e.g. scheduling, content questions) should be directed to the tutor’s designated phone/email between 8:00 a.m. and 8:00 p.m., local time.

   • Urgent matters (e.g. illness or absence on the day) may be communicated via call or text directly to the tutor.

   • Communication outside of tutoring purposes (e.g. social contact) is not permitted between tutors and students.

7. Tutor Professional Standards

   • Tutors will only deliver content within their area of expertise in accordance with Tutoring Tree’s guidelines for content delivery, safeguarding, and professionalism.

   • Physical contact (in-person sessions) is strongly discouraged and permitted only if clearly necessary to explain a concept (e.g. spatial demonstrations). Such contact must be:

     • Educationally justified,

     • Brief and appropriate, and

     • Substituted with visual/verbal guidance wherever possible.

   • Tutors must not engage in social or personal communication with students outside the scope of tutoring. Communication related to scheduling, resources, and session preparation is permitted.

8. Breach & Consequences

   • Minor breaches will result in a written warning and, where applicable, guidance for corrective behaviour.

   • Serious or repeated breaches (e.g. academic dishonesty or unsafe conduct) may lead to suspension or cancellation of tutoring services.

   • No refund will be issued for sessions lost due to misconduct.

9. Escalation

   • Concerns or complaints should be emailed to info@tutoringtree.com.au. Tutoring Tree will investigate and respond within five (5) business days.

10. Group Sessions

    • Students must behave respectfully toward both the tutor and fellow group participants.

    • Parents/guardians should ensure their child is comfortable learning in a group setting before enrolling.

    • The tutor may mute or remove a student from an online group session if their behaviour negatively impacts others. In-home group sessions may be ended early at the tutor's discretion if disruptions persist. No refund will be issued in such cases.

    • Group sessions delivered in-home must occur in a safe, supervised setting with a responsible adult present throughout.

    • At session end, responsibility for students returns immediately to the appropriate guardian or responsible adult.

    • Tutors are not responsible for supervision after the session concludes. Tutoring Tree and its tutors accept no liability for any incident occurring after the conclusion of the session.

    • Parents/guardians must ensure timely pickup if a student is at another family’s home to avoid disrupting the tutor's schedule or placing the host family or tutor in a supervisory role. Tutors are not required to wait beyond the scheduled session end time.

    • Repeated late pickups or failure to provide appropriate supervision may result in cancellation of group session privileges.

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7. Intellectual Property

 

(a) Ownership of Materials
All lesson plans, worksheets, presentations, LMS content, digital resources, assessment tools, and any other materials provided or developed by Tutoring Tree or its Tutors in connection with the Tutoring Services (together, “Tutoring Materials”) remain the sole property of Tutoring Tree (or its licensors, where applicable). Nothing in these Terms transfers any ownership rights in the Tutoring Materials to you or the Student.

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(b) Licence to Use
Tutoring Tree grants you and the Student a limited, non-exclusive, non-transferable, and revocable licence to use the Tutoring Materials solely for the Student’s personal study and educational purposes. This licence automatically terminates upon the Student ceasing participation in the Tutoring Services, or earlier if these Terms are breached.

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(c) Restrictions
Subject to clause 7(b), you and the Student must not, without Tutoring Tree’s prior written consent:

• copy, reproduce, distribute, modify, or create derivative works of the Tutoring Materials;

• share, upload, publish, or otherwise make the Tutoring Materials available to any third party; or

• use the Tutoring Materials for any commercial, promotional, or competitive purpose.

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(d) Student Work
Ownership of the Student’s original work (such as homework, assessments, or notes created independently by the Student) remains with the Student. However, by submitting or sharing such work with Tutoring Tree, you grant Tutoring Tree a non-exclusive, royalty-free, worldwide, and irrevocable licence to use, reproduce, and adapt that work solely for the purpose of delivering and improving the Tutoring Services.

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(e) Trademarks & Branding
“TUTORING TREE” and any associated logos, slogans, trade dress, or brand elements are the intellectual property of Tutoring Tree. You and the Student must not use, reproduce, or display our trademarks, branding, or other proprietary identifiers without our prior written consent.

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(f) Breach
Any unauthorised use of the Tutoring Materials or Tutoring Tree’s intellectual property constitutes a material breach of these Terms. Without limiting any other rights or remedies available at law or in Equity, Tutoring Tree may suspend or terminate the Tutoring Services immediately and seek injunctive relief, damages, and any other appropriate remedies.

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8. Disclaimer (academic results)

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1. Tutoring Tree supplies instructional support and resources to help students pursue their academic goals; however, we do not warrant or guarantee any particular grade, test score, or other result.

2. Outcomes vary from student to student. Academic performance depends on factors outside our control, including the student’s attendance, engagement, completion of assigned work, and personal study habits.

3. We provide guidance and tools, but all study choices and any consequences that flow from them, remain the sole responsibility of the student and their parent/guardian.

4. Nothing in this disclaimer limits or excludes any rights you may have under the Australian Consumer Law (ACL) that cannot be lawfully excluded.

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9. Consumer Guarantees under the Australian Consumer Law

 

Nothing in these Terms excludes, restricts, or modifies any right or remedy you have under the Australian Consumer Law (ACL) or any other applicable law that cannot be lawfully excluded or limited. This includes your rights to a refund, replacement, repair, or other remedy if the service fails to meet a consumer guarantee under the ACL. Our “no refund” and “fees forfeited” clauses apply only to the extent permitted by law.

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10. Limitation of Liability & Indemnity

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   1. Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law (ACL) or any other law that cannot be lawfully excluded or limited.

 

   2. Exclusions of Liability

To the maximum extent permitted by law, Tutoring Tree (including its Tutors, employees, and contractors) will not be liable to you or the Student for any:

• indirect, consequential, incidental, exemplary, punitive, or special loss or damage;

• loss of data, opportunity, goodwill, reputation, or anticipated academic outcome; or

• loss, damage, or claims arising from events or circumstances beyond Tutoring Tree’s reasonable control, arising out of or in connection with the Tutoring Services, whether under contract, tort (including negligence), equity, statute, or otherwise.

 

   3. Limitation of Liability
Where liability cannot be excluded under the ACL or other applicable law, Tutoring Tree’s total aggregate liability to you or the Student for any claim arising out of or in connection with the Tutoring Services is limited to the greater of:

• the total fees paid by you for the Tutoring Services in the three (3) months immediately preceding the claim; or

• AUD $500.

 

   4. Indemnity
You agree to indemnify and hold harmless Tutoring Tree, its Tutors, employees, and contractors from and against any and all claims, demands, losses, damages, liabilities, costs, or expenses (including reasonable legal costs) arising out of or in connection with:

• the Student’s breach of these Terms;

• misuse of the Tutoring Services, LMS, or Tutoring Materials;

• negligence, misconduct, or unlawful acts by you or the Student; or

• any third-party claim brought against Tutoring Tree as a result of your or the Student’s acts or omissions.

 

   5. Survival
This clause survives termination or expiry of these Terms.

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11. Force Majeure

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   1. Definition
A “Force Majeure Event” means any event or circumstance beyond Tutoring Tree’s reasonable control that prevents or delays the performance of the Tutoring Services, including (without limitation) acts of God, fire, flood, epidemic or pandemic, government restrictions, industrial disputes, power or internet outages, or the failure of third-party platforms or service providers.

 

   2. Suspension of Services
Tutoring Tree will not be liable for any delay, interruption, or failure to deliver the Tutoring Services caused by a Force Majeure Event. Where practicable, Tutoring Tree will use reasonable endeavours to provide alternative delivery methods (for example, rescheduling or substituting an online session for an in-person session).

 

   3. Extended Events and Termination
If a Force Majeure Event continues for more than thirty (30) consecutive days and substantially prevents the delivery of the Tutoring Services, either party may terminate the affected Tutoring Services by written notice to the other party. In that case:

• you remain liable to pay for all Tutoring Services delivered up to the effective date of termination; and

• Tutoring Tree will refund any prepaid fees for Tutoring Services that were not delivered on a pro rata basis.

 

   4. No Additional Liability
Except for the obligation to refund unused prepaid fees in accordance with clause 11(c), Tutoring Tree has no liability for any loss, damage, cost, or expense suffered by you or the Student arising out of or in connection with a Force Majeure Event.

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12. Variation of Terms

 

Tutoring Tree reserves the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. Tutoring Tree will alert you about any changes by updating the 'Last updated' date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Tutoring Services after the date such revised Terms are posted.

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13. No Access or Use Where Prohibited by Law

 

The information provided when using the Tutoring Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Tutoring Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

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14. Governing Law & Dispute Resolution

 

   1. Governing Law
These Terms are governed by the laws of the Australian Capital Territory (ACT) and the Commonwealth of Australia. You and Tutoring Tree submit to the non-exclusive jurisdiction of the courts and tribunals of the ACT and of the Commonwealth of Australia.

 

   2. Good Faith Negotiation
If a dispute arises in connection with the Tutoring Services or these Terms, you must first notify Tutoring Tree in writing. Both parties must then use reasonable endeavours to resolve the dispute in good faith within ten (10) business days.

 

   3. Proceedings
If the dispute is not resolved within that period, either party may commence proceedings in the relevant court or tribunal. Nothing in this clause prevents either party from seeking urgent interlocutory relief or Tutoring Tree from taking action to recover undisputed fees.

 

   4. Consumer Rights
Nothing in this clause limits or excludes any rights you may have under the ACL or any other applicable law that cannot be lawfully excluded.

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15. Severability & Entire Agreement

 

   1. Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable for any reason, that provision will be severed from these Terms to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

 

   2. Entire Agreement
These Terms (together with any policies expressly incorporated by reference, including the Privacy Policy) constitute the entire agreement between you and Tutoring Tree in relation to the Tutoring Services and supersede all prior negotiations, understandings, or agreements (whether written, oral, or implied) concerning their subject matter. No representation, warranty, or undertaking not expressly set out in these Terms is binding on Tutoring Tree.

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16. Contact Details

 

Should you have any concerns regarding the Terms, or any questions, you can contact us by email at info@tutoringtree.com.au, or by phone at 0426022279 or 0424422787.

 

Contact Details 

Tutoring Tree

ABN [16 217 001 840]

Email: info@tutoringtree.com.au 

Phone: 0424 422 787  |  0426 022 279 

Location: Canberra, ACT