Terms and Conditions of English Lessons
1. Definitions
1.1 'The Business' means Daniel Agnew, trading under the registered business name Master Spiralling Upwards (ABN 46 218 839 945).
1.2 'Client' means the person who purchases English tutoring services from the Business. A Client must be an adult under the law of Australia and under the law of their country of residence.
1.3 'Student' means the person who receives English tutoring services from the Business. The Student may be the Client, or a different person. Where the Student is a child (a minor), the provision of services is subject to the additional requirements in clause 4 (Children (Minors)).
1.4 'Tutor' means a person engaged by the Business — whether as an employee, a representative, or an independent contractor — to provide English tutoring services to Clients on the Business's behalf.
1.5 'Lesson' means, unless the context indicates otherwise, both an Individual Lesson and a Group Class.
1.6 'Individual Lesson' means a Lesson between one Student and one Tutor.
1.7 'Group Class' means a Lesson in which more than one Student may participate, subject to the Business's discretion and operational demand. The Business does not guarantee that any particular number of Students, or any specific other Student, will be present in a given Group Class.
1.8 'Notify', 'written', and 'in writing' each mean communication in a written form, including email or the completion of an online form. Verbal communication alone does not satisfy a requirement to notify, or to communicate in writing or in a written form, under these Terms.
1.9 Where these Terms require a 'written agreement' or an 'agreement in writing', the Client must agree to the relevant document or arrangement in writing or through an equivalent electronic acceptance mechanism or other clear electronic act indicating agreement.
1.10 'Services' means the English tutoring services provided by the Business to a Client and Student under these Terms.
2. Formation and Variation of the Agreement
2.1 These Terms and Conditions, together with the English Lesson Policy, and, where applicable, a Child Tutoring Agreement, govern the provision of English tutoring services by the Business to a Client (together, the 'Agreement'). Access to the Business's educational materials or subscriptions outside the course of a Lesson is governed separately by the Website Material Terms and Conditions, and does not form part of the Agreement (see clause 5, Intellectual Property).
2.2 A Client's written agreement to these Terms and Conditions is required before the Student attends their first non-trial Lesson. This Agreement is not required for a student to attend a Trial Lesson.
2.3 The purpose of a Trial Lesson is for the Client and Tutor to assess whether the Business's English tutoring Services are suitable for the Student and, where applicable, to provide the Student with a sample of those Services. A Trial Lesson may include individualised instruction, observations, assessment and feedback concerning the Student's English-language skills, including grammar, pronunciation, vocabulary, fluency and communication.
2.4 Feedback and observations provided during a Trial Lesson are educational guidance based on the Tutor's observations during that session. They are not a guarantee of any particular level of proficiency or external outcome.
2.5 Unless otherwise stated, a trial Lesson does not create an entitlement to ongoing tutoring, availability of a particular Tutor or achievement of any particular result.
2.6 The Business may amend these Terms and Conditions or a Policy from time to time. the Business will notify Clients of a material change to these Terms or to a Policy in writing at least seven (7) days before it takes effect. A Client who continues to book Lessons after that notice period, and who agrees in writing to the current Terms and Conditions (such as by checking a box on the booking form), thereby accepts the amended Terms and Conditions and Policies.
2.7 An amendment to these Terms and Conditions or a Policy applies to Lessons, lesson packages, lesson credit, and subscriptions purchased after the Client accepts the amendment. A Lesson, lesson package, lesson credit, or subscription purchased before that acceptance, but not yet redeemed, remains governed by the version of these Terms and Conditions and the Policies that applied when it was purchased, unless the Client expressly agrees otherwise.
2.8 A Client who does not wish to accept an amendment to these Terms and Conditions or a Policy may request, in writing, a refund of any unredeemed Lessons, lesson packages, lesson credit, or subscriptions purchased before the amendment took effect.
3. The Tutoring Service and Limitation of Liability
3.1 Where reasonably possible, the Tutor who provides a Client's Lessons will be the Tutor made available to the Client at the time of booking. The Business may offer the Client an alternative Tutor to fulfil existing paid Lessons or lesson packages where the original Tutor is unable or unwilling to continue providing them through the Business. The Client is not obliged to accept an alternative Tutor.
3.2 The Services are provided for educational purposes. The purpose of the Services is to support the Student in improving their English-language skills, and, where appropriate, to provide related support connected to that goal.
3.3 'Related support', where appropriate, may include preparation, practice, or discussion connected to assignments, essays, examinations, interviews, employment, study, written communication, or workplace and social communication, where the Student intends to use their English in that context.
3.4 The Tutor will not knowingly complete, on the Student's behalf, an external task that the Student is responsible for and that a third party expects to be completed solely by the Student. This includes, but is not limited to, completing an assignment or an examination for the Student.
3.5 The Tutor's role is to assist the Student in developing and applying their English-language skills. Neither the Tutor nor the Business guarantees any particular outcome from the Student's use of those skills.
3.6 Neither the Tutor nor the Business provides legal, immigration, medical, or financial advice to a Client or Student. Any discussion of such matters during a Lesson is provided solely for the purpose of English-language practice, and must not be relied upon as professional advice in that field.
3.7 Neither the Tutor nor the Business guarantees that a Student will achieve any particular examination result, grade, score, level of proficiency, employment outcome, promotion, admission, visa outcome, qualification, interview outcome, or other result.
3.8 Where a Student's or Client's goal depends in whole or in part on the assessment, decision, or actions of another person or organisation — including an examination body, assessor, employer, recruiter, educational institution, or government or immigration authority — neither the Tutor nor the Business can control or guarantee that decision or outcome.
3.9 Examination preparation, interview practice, employment-related English guidance, or other assistance provided under clause 3.3 is intended to support the Student's preparation and development, and does not constitute a guarantee of the resulting external outcome.
3.10 To the maximum extent permitted by law, neither the Tutor nor the Business is liable for indirect, consequential, incidental, or special loss arising from or in connection with the Services, or with a Student's failure to achieve a particular external outcome — including loss of income, salary, employment or business opportunities, educational opportunities or admissions, anticipated savings, or other financial or non-financial consequences arising from a decision of a third party.
3.11 To the maximum extent permitted by applicable law, the maximum aggregate financial liability of the Business and its Tutors for any claims, losses, damages, or breaches arising out of or in connection with the provision of the Services shall be limited to the total fees actually paid by the Client to the Business for the specific Lesson or block of Lessons directly giving rise to the claim.
3.12 Where the Tutor or the Business is liable for a failure to comply with a guarantee under applicable law, the Business's position is to remedy that failure by, at its election, re-supplying the affected Lesson, or refunding the fees paid for it. See the Refund Policy for further detail.
3.13 The parties acknowledge that this clause 3, and in particular clauses 3.2 to 3.12, reflects a reasonable allocation of risk given the price of the Services, and that neither the Tutor nor the Business can control external factors such as the actions of the Student or the decisions of third parties.
4. Children (Minors)
4.1 The Business may provide the Services to a Student who is a child (a minor). The Business treats a person as a child for this purpose if they are a minor under the law of Australia or under the law of the country in which they normally reside, whichever provides the higher age threshold.
4.2 The Client for a Student who is a child must be a parent of the child, or a person otherwise acting with legal parental responsibility for the child, and must be able to demonstrate this if requested by The Business.
4.3 The Business will provide the Services to a child only where an additional written agreement between the Client and the Business — the Child Tutoring Agreement — has been completed. If the Tutor or the Business becomes aware that the Services are being provided to a child before a Child Tutoring Agreement has been completed, the Business will cease providing the Services until it has been completed.
4.4 The Business informs Clients considering the Services for a child that all Tutors engaged by the Business hold a current Working With Children Check (WWCC) in New South Wales, Australia, and will verify this on request.
4.5 The Client, the Tutor, and the Business may each end the provision of the Services to a child, with or without explanation, at any time, including before a Child Tutoring Agreement is completed. The parties recognise that, given the nature of a tutoring relationship with a child, it is preferable for the Services to be withdrawn or withheld unless all relevant parties are willing for them to continue.
4.6 The Code of Conduct Policy applies with particular strictness where the Student is a child, whether in an Individual Lesson or a Group Class.
4.7 Unless a Child Tutoring Agreement expressly provides otherwise, a Group Class is for adult Students only. A Group Class open to child Students will be clearly labelled as such, together with an appropriate age range.
4.8 The Business's procedure for engaging a Tutor to provide the Services to a child, and the matters typically addressed in a Child Tutoring Agreement, are set out in the Child Policy.
5. Intellectual Property
5.1 The Business retains all intellectual property rights that it owns in its lesson content, worksheets, videos, feedback, applications, and other educational materials shared with a Client or Student in connection with the Services.
5.2 Where material of the kind described in clause 5.1 is shared with a Client or Student during a Lesson or otherwise provided to them by the Business in connection with the Services, the Client and Student receive a limited, personal licence to use that material for their own English-language learning. This licence does not include a right to copy, redistribute, publish, or commercially exploit the material, and does not create an ongoing or dedicated right of access to the material unless such access is separately granted under the Website Material Terms and Conditions.
5.3 Work created by the Student that the Tutor discusses, reviews, or otherwise supports during a Lesson remains the Student's own intellectual property.
5.4 The Business may grant a Client or Student complimentary access to its educational materials (such as worksheets, videos, and applications) for as long as the Client or Student remains an active recipient of the Services. Complimentary access requires the Client or Student to separately agree to the Website Material Terms and Conditions before the materials can be used, and may be revoked if the Client has not purchased, or the Student has not attended, a Lesson within thirty (30) consecutive days.
5.5 Dedicated or ongoing access to the Business's educational materials, including materials accessed independently of the Services, is governed by the Website Material Terms and Conditions (see clause 2.1).
6. Suspension and Termination of Services
6.1 the Business may remove a Student from a Lesson, or reduce, restrict, or cease providing the Services to a Client or Student, at its discretion. This is primarily a business decision, based on factors such as supply and demand, commercial considerations, operational requirements, and the fit between a particular Tutor and a particular Student.
6.2 Reasons the Business may rely on under clause 6.1 include, but are not limited to:
(a) Abusive behaviour, harassment, or repeated disruptive conduct by the Student or a related Client;
(b) A safety concern held by the Tutor or the Business about the Student or Client;
(c) Operational difficulties caused by the Student or Client, including misuse of the Services, repeated unreasonable demands, or non-payment;
(d) Genuine and significant incompatibility between a Tutor and a Student; and
(e) Capacity to continue providing the Services to the Student or Client, having regard to matters such as supply and demand.
6.3 If the Business ceases providing the Services to a Client or Student, the Business will refund any purchased and unredeemed Lessons, lesson packages, lesson credit, or subscriptions.
6.4 If a Tutor ceases providing the Services to a Student, but the Business is willing and able to continue providing the Services (including through another Tutor), the Client may choose to continue receiving the Services or to request a refund of any unredeemed purchases.
6.5 If the Business reduces or restricts, rather than ceases, the Services provided to a Client or Student, this does not by default entitle the Client to a refund. However, if the Client or Student is no longer satisfied with the Services as a result of that reduction or restriction, the Client may request a refund of any unredeemed purchases.
6.6 A Tutor will attempt to maintain a reasonably consistent Lesson schedule, but reserves the right to adjust their availability based on their personal availability and the Business's operational requirements.
7. General Provisions
7.1 Nothing in the Agreement excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot lawfully be excluded, restricted, or modified under the Australian Consumer Law or other applicable law, including any liability for death or personal injury caused by negligence, or for fraud.
7.2 The Agreement is governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
7.3 If a provision of the Agreement is found by a court or tribunal of competent jurisdiction to be void, illegal, or unenforceable, that provision is severed, and the remaining provisions continue in full force and effect.
7.4 Where there is an inconsistency between the documents forming the Agreement, the following order of precedence applies, from highest to lowest:
(a) any requirement of Australian law that cannot be excluded or varied by agreement;
(b) A Child Tutoring Agreement, where applicable;
(c) Product descriptions, prices, and booking information displayed at the time of a purchase, in relation to that purchase;
(d) These Terms and Conditions;
(e) The English Lesson Policy and any other Policy incorporated into the Agreement; and
(f) Any other material on the Business's website, including general marketing or promotional material.
7.5 The Agreement constitutes the entire agreement between the Business and the Client in relation to the Services, and supersedes all prior negotiations, discussions, and marketing or promotional material relating to the Services. Access to the Business's educational materials or subscriptions outside the course of a Lesson remains governed by the Website Material Terms and Conditions, which constitute a separate and independent agreement, and are not part of the Agreement.
8. Related Policies
8.1 The Business handles Clients' and Students' personal information in accordance with its Privacy Policy, available here.
8.2 By agreeing to these Terms and Conditions, a Client acknowledges that they have read and agree to the current version of the English Lesson Policy, available on the Business's website here.