Terms and Conditions

Agreement and Acceptance

These Terms and Conditions govern the provision of in-person tutoring services by TutorMunk (ABN: TBC, ACN: TBC) to the parent or legal guardian who enrols a student, and to the enrolled student. By completing an enrolment, accepting these terms, or making a payment, you agree to be bound by these terms, the TutorMunk Privacy Policy, the Student Agreement, the Cancellation and Refund Policy, the Child Safe Policy and the In-Home and Centre Safety Policy.

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded.

About TutorMunk

TutorMunk delivers face to face tutoring for primary students, high school students and senior students following the NSW NESA syllabus. We do not deliver online or remote tutoring. Sessions are delivered in four ways: one to one in the family home, small group in the family home, one to one at our Gregory Hills centre, and small group at our Gregory Hills centre. Group sessions at the centre are capped at six students in the same stage. Tutors are engaged as independent contractors.

Enrolment and Eligibility

Who May Enrol

Only a parent or legal guardian aged 18 or over may enrol a student. A student under 18 cannot enrol themselves. By enrolling you confirm that you are the parent or legal guardian, that you may consent on the student's behalf, and that the information you give us is true and complete.

Information You Must Provide

You must give us accurate contact details, the residential address where in-home sessions will take place, any access information the tutor needs, the names of any other adults authorised to be present or to collect the student, and any learning, medical or behavioural information relevant to delivering sessions safely.

Changes

You must tell us promptly if your address, contact details, authorised adults or your child's needs change.

Fees and Payment

Pricing

For current pricing, please contact TutorMunk on 1300 00MUNK or email hello@tutormunk.com.au.

Payment

Fees are payable in advance of the session or block of sessions to which they relate, unless we agree otherwise in writing. We may decline to deliver a session where payment for that session has not been received.

Booking Basis

Sessions may be booked by the term or by the week. There is no lock-in term. Where you book a block of sessions, the block is treated as a single booking for the purpose of the Cancellation and Refund Policy.

Changes to Fees

We may change our fees from time to time. Where a change is material we will give enrolled families at least 10 days written notice by email. The new fee applies only to sessions or blocks purchased on or after the effective date.

Scheduling and Delivery

Weekly Slots

Sessions are normally scheduled as a fixed weekly time with the same tutor, so the student builds a working relationship with one person. Changes to the weekly time are subject to tutor availability.

In-Home Sessions

For every in-home session a responsible adult must be present in the home for the entire session. The session must take place in an open, accessible area of the home, such as a dining room, kitchen or lounge room. Sessions must not take place in a bedroom. The adult present signs the session record at the end of the session. If no responsible adult is present, the tutor will not commence the session, and the session is treated as a cancellation with less than 24 hours notice.

A student aged 16 or over may be tutored without an adult present only where the parent or guardian has given written permission in advance.

Centre Sessions

Sessions at our Gregory Hills centre take place in rooms that are visible from outside or with the door open. Students must be signed in and signed out. A student will only be released to a parent, guardian or another adult you have authorised in writing.

What You Need to Provide

For in-home sessions you must provide a suitable, quiet and reasonably tidy space with a table and adequate lighting, free from hazards, with any dogs or other animals secured away from the working area, and safe access and parking for the tutor. You must not smoke or vape in the room during the session.

Punctuality

If a student is not ready at the agreed start time, the session still ends at the scheduled finish time. The tutor is not required to wait more than 15 minutes, after which the session may be treated as a no-show.

Cancellations and Refunds

Full terms are set out in the TutorMunk Cancellation and Refund Policy. In summary, a session cancelled with at least 24 hours notice is rescheduled at no charge subject to tutor availability. A session cancelled with less than 24 hours notice, or a no-show, is forfeited and charged in full, because the tutor has already committed the time and in most cases has travelled. Where TutorMunk cancels a session, it is rescheduled at no charge or refunded. Where there is any inconsistency, the Cancellation and Refund Policy applies.

Child Safety

TutorMunk has zero tolerance for child abuse, neglect and exploitation. We are committed to the safety, participation and wellbeing of every child we work with, and we align our practices with the NSW Child Safe Standards and the National Principles for Child Safe Organisations.

• Every tutor holds a current Working with Children Check, verified by us before their first session and monitored for expiry.
• Every tutor is bound by the TutorMunk Tutor Code of Conduct, which prohibits private contact with students outside sessions, private tutoring arranged directly with a family, transporting a student in a vehicle, and any conduct inconsistent with child safety.
• An adult must be present for in-home sessions, and centre sessions are conducted in visible rooms.
• Any concern about a child's safety must be reported to us immediately at hello@tutormunk.com.au or on 1300 00MUNK (1300 006 865). Where there is immediate danger, call 000.

We escalate concerns to the NSW Police Force and to child protection authorities where the law requires it or where we consider escalation appropriate. Anyone may raise a concern without fear of reprisal. Our full approach is set out in the TutorMunk Child Safe Policy.

Conduct

You, the student, and anyone else present during a session must treat the tutor with courtesy and respect. We may suspend or end an enrolment immediately where a tutor is subjected to harassment, abuse, discrimination or threatening behaviour, where the home is unsafe for the tutor to attend, or where the conditions in clause 6 are not met after we have raised them with you.

You must not approach a TutorMunk tutor to arrange private tutoring outside TutorMunk, whether paid or unpaid, during the enrolment and for 12 months afterwards. This protects the child safety arrangements we have in place, which do not apply to a private arrangement.

Intellectual Property

Materials produced by TutorMunk, including worksheets, practice papers, session notes and reports, are owned by TutorMunk. You are given a limited, non-exclusive, non-transferable licence to use them for the student's personal study during the enrolment. You must not copy, sell or distribute them. Materials a tutor brings from their own pre-existing work remain owned by the tutor.

Privacy

Personal information is handled in accordance with the TutorMunk Privacy Policy. By enrolling you confirm that you have read it and consent to your information, and your child's information, being handled as described in it.

Liability

Consumer Law

Nothing in this clause excludes, restricts or modifies any right or remedy under the Australian Consumer Law that cannot lawfully be excluded.

Limitation

To the maximum extent permitted by law, our total liability to you in connection with these terms or the services is limited to the fees you paid to TutorMunk in the 12 months before the event giving rise to the liability.

Excluded Losses

To the maximum extent permitted by law, we are not liable for indirect or consequential loss, loss of profits or opportunity, or for any particular academic result, mark, band, rank, or selective or scholarship placement. Tutoring supports learning. It cannot guarantee an outcome.

Property and Premises

Where a session takes place in your home, you remain responsible for the safety of your premises. We are responsible for the conduct of our tutors while they are with you.

Indemnity

You indemnify TutorMunk against any loss or cost we suffer as a result of your breach of these terms, or an unsafe condition at your premises that you did not disclose.

Force Majeure

Neither party is liable for a failure or delay caused by an event beyond their reasonable control, including natural disaster, extreme weather, pandemic, or the action of a government authority. We will use reasonable endeavours to reschedule affected sessions.

Complaints

Please raise any complaint with us directly rather than with the tutor. Email hello@tutormunk.com.au. We acknowledge complaints within 7 days and aim to resolve them within 10 business days. If it will take longer we will tell you why and give you a timeframe. Your rights under the Australian Consumer Law are not affected.

Suspension and Termination

We may suspend or end an enrolment immediately where these terms are breached, where fees are unpaid, where the environment is unsafe for a tutor or a student, or where continuing would be unlawful. You may end your enrolment at any time in accordance with the Cancellation and Refund Policy.

Changes to These Terms

We may update these terms from time to time. Where a change is material we will give enrolled families at least 10 days written notice by email. The current version is always available on our website.

Governing Law

These terms are governed by the laws of New South Wales. Each party submits to the exclusive jurisdiction of the courts of New South Wales.

General

• If any provision is held invalid, it is severed and the rest continues to apply.
• A delay in exercising a right is not a waiver of that right.
• You may not transfer your rights under these terms without our written consent.
• These terms, together with the policies named in clause 2, are the entire agreement between us.

Contact Us

Email: hello@tutormunk.com.au

Phone: 1300 00MUNK (1300 006 865)

Business address: Level 27, International Towers, 100 Barangaroo Avenue, Sydney NSW 2000

Tutoring centre: TutorMunk Gregory Hills, The HUB, 31 Lasso Road, Gregory Hills NSW 2557

Website: tutormunk.com.au