English Lesson Policies

These Policies are incorporated into, and form part of, the Agreement between the Business and a Client (see clause 2.1 of the Terms and Conditions of English Lessons). Terms defined in the Terms and Conditions have the same meaning in these Policies.

1. General Lesson Policy

1.1       Unless otherwise specified in these Policies, an 'hour' Lesson refers to 50 minutes of tutoring, and a 'half-hour' Lesson refers to 25 minutes of tutoring. For clarity to Clients and Students, the Business describes Lessons using their actual duration (for example, a '50-minute Lesson') wherever practical.

2. Student Goals Policy

2.1       Where the Student is a different person from the Client, the Tutor must balance the Student's individual preferences and learning goals with those of the Client. In striking that balance, the Tutor will generally prioritise the Client's learning goals for the Student.

2.2       In an Individual Lesson, the Tutor will prioritise supporting the Student's short- and long-term English-language goals, using their professional judgement as to the best approach for that Lesson.

2.3       In a Group Class, the Tutor must balance the preferences and goals of multiple Students, which means tutoring within a Group Class may be less individualised than in an Individual Lesson. It is the Student's and Client's responsibility to decide whether a Group Class continues to offer sufficient value to warrant continued attendance.

3. Code of Conduct Policy

3.1       The Tutor and the Business will try to foster a friendly and respectful learning environment, and will do their best to mediate and resolve any disagreement or misunderstanding that arises. Students are encouraged to behave in a friendly and respectful manner towards the Tutor and other Students. A Student with a concern about the Tutor's or another Student's behaviour should raise it as soon as practicable — with the Tutor in the first instance if possible, or otherwise with the Business.

3.2       The Student and the Tutor will try to adhere to the start and end times of a Lesson as closely as possible. A minor variation, such as starting or ending five minutes early or late, is not treated as a cancellation by either party.

3.3       Where the Tutor's availability permits, the Tutor may continue a Lesson beyond its planned end time, at their discretion. This is a form of generosity, not an obligation, and does not oblige the Student to stay. A Student may end a Lesson at any time, whether by leaving or by telling the Tutor of their preference.

3.4       The Business prohibits romantic or flirtatious conduct, and any harassment or unwanted personal advances, between a Student and a Tutor, or between Students, in connection with the Services. This applies to both Individual Lessons and Group Classes, and does not prevent a Lesson from covering language or topics related to relationships or romance as part of legitimate English-language instruction, where all Students are adults and have agreed in advance to that content.

3.5       In a Group Class, the Tutor's role is to prioritise, in order, the safety and wellbeing of Students, and then the needs of the group over any individual Student.

3.6       In a Group Class, the Tutor may send a private message to a Student, or mute, hide the video of, or remove a Student, and will give a warning before doing so where practical. The Tutor may act without warning where they reasonably believe it is necessary to protect the safety of a Student or the group.

3.7       Students in a Group Class are encouraged to be sensitive to differences in cultural, religious, or political views among participants, and are expected to moderate their behaviour if another Student appears hurt, offended, or uncomfortable. Students are expected to follow the Tutor's reasonable direction, including a direction to stop a particular behaviour or topic of conversation.

3.8       Swearing is discouraged by default in a Group Class, unless all participants have agreed in advance to permit it for a specific educational purpose, such as discussing native idioms.

3.9       A Student is only admitted to a Group Class while a Tutor is present. Students may not message each other privately through the video-conferencing platform; communication must take place where the Tutor can see it, or directly with the Tutor. the Business does not leave Students alone together in a Group Class without a Tutor present, other than for brief breaks in the ordinary course of a Lesson.

3.10    Students in a Group Class must not share another participant's identity or personal information outside the class.

3.11    The Code of Conduct for an Individual Lesson is less restrictive than for a Group Class, as what is acceptable may be negotiated individually between the Tutor and the Student. Clauses 3.5 to 3.10 remain a strong starting guideline for an Individual Lesson, and clause 3.4 applies in full.

4. Cancellation Policy

4.1       A Lesson is treated as cancelled if the Client or the Business, informs the other party that it will not proceed, if the Student or the Tutor does not attend at all, or if the Student or the Tutor attends less than three-quarters (¾) of the scheduled Lesson time. Where the Client or the Business informs the other party of a cancellation, this must be done through the booking system or in writing.

4.2       If a Tutor or the Business cancels a Lesson, it is free for all participants and is refunded in accordance with the Refund Policy.

4.3       If a Client or Student cancels a Lesson with at least 24 hours' notice, the Client is not required to pay for it, and it is refunded if already paid, unless the Client indicates they wish the Business to keep the payment.

4.4       If a Client or Student cancels a Lesson with less than 24 hours' notice, the Client is required to pay for it and it is not refunded. However, if the Business is able to replace the cancelled Lesson by filling the relevant timeslot with another Lesson or, where applicable, filling the Client's place in a Group Class with another Student when all other available places have been filled, the Client may request a refund.

4.5       A cancellation may be communicated at any time before, during, or after the scheduled Lesson time, though the parties prefer it be given in advance where possible. A cancellation should be communicated through the booking system where possible, or otherwise in writing, and must be raised within seven (7) days of the scheduled Lesson time. If a cancellation is not raised within that period, the Lesson is treated as having proceeded on the terms of this Policy.

4.6       The Business will consider extending the notice period for a cancellation, and whether a complimentary replacement Lesson, lesson credit or a full refund is an appropriate response, where the Client or Student has experienced exceptional circumstances, such as serious injury or hospitalisation.

4.7       A technology problem — such as a poor or unstable internet connection, or a problem with a computer, phone, or headphones — may reduce the quality of, or a party's ability to attend, a Lesson. Where the problem does not prevent both the Tutor and Student from attending and participating in the Lesson to a reasonable degree, it is not treated as a cancellation.

4.8       If a technology problem is serious enough that a party cancels the Lesson, the party whose technology caused the problem is treated as responsible for the cancellation under this Policy.

4.9       Where there is genuine uncertainty about whether a technology problem leading to a cancelled Lesson originated with the Student's or the Tutor's equipment, the Business will consider offering a refund.

4.10    The Business is not responsible for an interruption caused by a third-party system outside its reasonable control, subject to the Client's rights under applicable law. The Business does not guarantee that an alternative method of booking or attending a Lesson will be available, though a Client may request one.

4.11    See also clause 6 of the Terms and Conditions, which allows the Business to restrict or cease the Services in response to frequent cancellations or other conduct.

5. Refund Policy

5.1       In addition to a refund available under the Cancellation Policy, a Client may request a refund of a completed Lesson within seven (7) days of that Lesson if the Client or Student was not satisfied with it.

5.2       A Client or Student who raises an issue with a Lesson within seven (7) days is treated as having notified the Business of a potential refund request for it. the Business and the Tutor will attempt to resolve the issue in good faith, and a refund agreed on this basis will be honoured even if the resolution takes place after the seven (7) days have passed.

5.3       If a Client or Student wishes to continue receiving the Services from the same Tutor, the Business encourages them to raise an issue with the Tutor or the Business before requesting a refund for it.

5.4       An issue raised about one Lesson does not affect a later Lesson. A Client or Student with an issue about a later Lesson must raise it separately, within seven (7) days of that Lesson, to be eligible for a refund of it.

5.5       Unless a Client or Student raises an issue within seven (7) days of a Lesson, the Business treats continued attendance without complaint as a sign of satisfaction with the Services.

5.6       Unless the Business has a specific reason to do otherwise, a refund for a Lesson is given as a complimentary replacement Lesson. For example, where a Tutor cancels a Lesson, the Client is typically credited with the ability to book a replacement Lesson at no extra cost.

5.7       A refund for a Lesson may instead be given as lesson credit or a full return of funds for the affected Lesson.

5.8       The Business may instead offer a substitute Lesson of an equivalent or higher value, in place of lesson credit or a cash refund, following discussion with the Client.

5.9       Unless the Business has a specific reason to do otherwise, a refund for a lesson package, lesson credit or subscription is given as a cash refund.

5.10    A refund for a lesson package or lesson credit will be refunded relative to its original purchase price. The maximum refund amount for a lesson package or lesson credit will be its original purchase price. A subscription will be refunded relative to the original purchase price of the applicable billing period(s). The maximum refund amount for a subscription will be the original purchase price of the applicable billing period(s).

5.11    The Business may replace lesson packages, lesson credit and subscription credit with Lessons or other alternatives upon request.

5.12    An unused and unexpired lesson package, lesson credit or subscription will be refunded for the full amount of the applicable purchase price, subject to clause 5.10.

5.13    Where a lesson package, lesson credit or subscription is partially used but unexpired and the Business provides a refund, the refund will be done on a pro rata basis, subject to clause 5.10.

5.14    The Business may, at its discretion, provide a Client with additional compensation, lesson credit, Lessons or another benefit beyond what is required under this Refund Policy or applicable law. Any such discretionary benefit does not create an entitlement to the same or a similar benefit in any other circumstance.

5.15    This Refund Policy is in addition to, and does not limit, any right or remedy available under applicable law.

6. Child Policy

6.1       Where a suitable Tutor is not available for a particular child, or the Client and an existing Tutor are not a good fit, the Business may offer the Client an alternative Tutor to consider.

6.2       The Business's usual procedure for a Client engaging the Business to provide the Services to a child is as follows, though the Business may vary this procedure at its discretion:

(a)    The Client books a free 25-minute individual session with a Tutor, to discuss the Client's goals for the child, whether the child and Tutor are a good fit, and the preferences that will govern the tutoring relationship. The Client is not required to use the full session, but the Client and Tutor must be satisfied that all necessary matters have been discussed before the process continues. A Client who has already used a free trial session for this purpose may request another;

(b)   the Tutor communicates the discussed preferences to the Business. If the Tutor and the Business agree to proceed, the Business prepares a Child Tutoring Agreement for the Client, addressing both the standard requirements for tutoring a child and the specific preferences agreed for that Tutor and child (see clause 6.4);

(c)    The Client, the Tutor and the Business agree to the Child Tutoring Agreement in writing and it forms an additional written agreement between the parties.

(d)   The Tutor provides a free 50-minute trial Lesson with the child;

(e)    The Tutor and the Client each confirm in writing that they wish to proceed; and

(f)    Once confirmed, the Client may book ongoing Services for the child with that Tutor.

6.3       Unless multiple tutors are recorded on the initial Child Tutoring Agreement and have agreed to it in writing, a separate Child Tutoring Agreement is required for each Tutor engaged to provide the Services to a child.

6.4       A Child Tutoring Agreement typically addresses preferences such as:

(a)    How present the Client will be during a Lesson — for all, part, or none of it, and whether within camera view or elsewhere in the room;

(b)   Whether a Lesson is recorded, and if so, in what form and how a recording is provided to the Client; and

(c)    How often, and in what form, the Tutor provides the Client with updates on the child's progress, and whether the child is present for them.

6.5       The Business's default position, which a Client may discuss varying on a case-by-case basis, is that the Client is present, at least in the room, for most of a Lesson; that a Lesson is not recorded; and that the Tutor provides progress updates on an ad hoc basis, or at the Client's request.

6.6       A Child Tutoring Agreement may be amended in writing if the Client and the Business agree.

7. Payments and Lesson Bookings Policy

7.1       Payment for a Lesson, lesson package, lesson credit, or subscription is made through the booking system on the Business's website as the default method. Where a Client is unable or unwilling to pay this way, the Business will consider an alternative payment method on a case-by-case basis. An alternative payment method is not guaranteed and is subject to the Business's operational capacity.

7.2       Payment for a Lesson is due at the time of booking, or earlier where the Client has already purchased lesson credit, a lesson package, or a subscription covering it.

7.3       A Lesson is booked through the booking system on the Business's website as the preferred method. Where a Client is unable or unwilling to book through the booking system, the Business will consider supplying an alternative booking method on a case-by-case basis. An alternative booking method is not guaranteed and is subject to the Business's operational capacity. The main scenario where an alternative booking method is more likely to be considered is where a Client is unable or unwilling to book through the booking system and the Client has unredeemed Lessons, lesson packages, lesson credit or subscription credit, such as for a Client who does not wish to use the booking system because doing so would require them to agree to a new version of these Terms and Conditions or a Policy (see clause 2.6 of the Terms and Conditions).

7.4       An advertised price is inclusive of any applicable tax, such as GST.

7.5       The Business may change the price of a lesson package, lesson credit, or a new subscription available for purchase at any time, without notice; this does not affect a lesson package, lesson credit, or subscription already purchased. The Business will give an existing Client at least seven (7) days' written notice before a change to the price of a Lesson, or of an existing subscription, takes effect for them.

7.6       The Business may remove the ability to purchase a specific type of Lesson, lesson package, lesson credit, or subscription at any time, without notice. A Lesson, lesson package, lesson credit, or subscription already purchased and unredeemed remains valid, unless it has expired, and will be fulfilled or refunded.

8. Lesson Packages, Lesson Credit and Subscriptions Policy

8.1       Lesson packages, lesson credit, and subscriptions are purchasable arrangements that allow a Client to book a Lesson by redeeming part or all of their value, instead of paying for each Lesson individually.

8.2       Details of a specific lesson package are available on the product page for that lesson package. A lesson package is designed to offer a discount, or another benefit, compared to purchasing the same Lessons individually.

8.3       Details of lesson credit and subscriptions are available on their relevant product pages. Lesson credit and subscriptions are primarily offered as an alternative way to pay for Lessons, rather than paying for each one individually, and may offer a discount or bonus, although this is not guaranteed.

8.4       A Client is not guaranteed that the price of a Lesson will stay the same as when they purchased lesson credit or a subscription, but the Business will give written notice of a price change in advance, in accordance with clause 7.5.

8.5       A lesson package, lesson credit, and subscription must be redeemed within its expiry period, or it is forfeited.

8.6       A lesson package expires in accordance with the timeframe stated on its product page at the time of purchase, reflecting the genuine discount offered on that package. Lesson credit expires three (3) years after purchase.

8.7       Unused subscription credit rolls over and remains usable while the Client's subscription remains active and continuously paid. If the Client cancels their subscription, any subscription credit remaining unused at the end of the current billing cycle will be converted into equivalent lesson credit, or refunded according to the Refund Policy, on request. If unused subscription credit is converted into lesson credit, it is thereafter subject to the lesson credit expiry in clause 8.6.

8.8       A Client may cancel their subscription at any time. Cancelling a subscription stops future automatic payments; it does not delete the subscription, and the Client may reactivate it by resuming payment.

8.9       The Business may decide not to renew a Client's subscription for a billing period, or periods, where reasonably necessary to manage its tutoring capacity, lesson availability, supply and demand, or other legitimate operational requirements. The Business will notify the Client at least one (1) full billing period in advance if it decides to not renew a subscription. No further subscription payments will be taken after the effective cancellation date. Any unused subscription credit remaining after the final paid billing period will be converted into equivalent lesson credit, unless the Client requests a refund available under the Refund Policy.

8.10    The subscription renews automatically at the billing interval and price displayed at the time of purchase, until cancelled. The Business will notify the Client by email in advance of each scheduled payment.

8.11    Subscription payments are deducted automatically from the Client's chosen payment method until the subscription is cancelled.

8.12    If a scheduled subscription payment fails, the Business will notify the Client by email, and may attempt to collect the payment again. If the Business is unable to collect the payment, the Client's subscription is treated as cancelled under clause 8.8, and any existing subscription credit is dealt with in accordance with clause 8.7.