These Terms and Conditions (Terms) apply to all Parents, Students and users of this Website and our Services. We may modify and update these Terms at any time, without notice. Both Parents and Students need to ensure they review the Terms from time to time. In using or accessing our Website and Services, both Parents and Students agree to be bound by these Terms, our Child Safe Policies, Group Terms, and additional terms provided as well as any and all general terms and conditions posted on our Website from time to time.

DEFINITIONS

Child Safe Policies means any and all policies provided in respect of keeping children safe both online and in any group.

Content means any and all material, links, words and images on the Website or provided as part of our Services including, but not limited to, blogs, course materials, videos, documents, and any other information.

Fee means the fee payable by you for using any of our Services.

Group Terms means The Big Study Group Guidelines and Rules and any other terms that govern group conduct from time to time.

Parent means the parent or guardian responsible for registering a Student to use the Services.

Service means any service provided by us including, but not limited to, the Content, online tutoring, blogs, educational resources, group homework classes, online study groups and online courses.

Student means the student using the Services.

We, Our and Us means Olivia Kinnear trading as Big Picture Tutoring (ABN 20 521 784 511) including its employees, contractors and affiliates.

Website means www.bigpicturetutoring.com.au and www.thebigstudygroup.com.au.

You, Your and User means the Parent and/or the Student, as applicable in these Terms.

REGISTRATION

You must provide all required information and details to complete the registration process. For details on how we keep your information secure, please see our Privacy Policy.

We reserve the right to reject your registration for any reason in our sole discretion including, but not limited to, if a class or group is full or if you do not provide current, complete or accurate details in the registration process. If we reject your registration, we will notify you within a reasonable time and return your payment in full.

We reserve the right to withdraw or cancel any Service including individual classes in our sole discretion at any time for any reason. If we withdraw or cancel any Service, whether in whole or in part, we will endeavour to notify you within a reasonable time and either offer you a credit note or, at your request, a refund for the part of the Service that is withdrawn or cancelled.

AUTHORITY

Parental consent is required for any Student under 18 years of age to use our Services.

The Parent, by ticking the tickbox for these Terms, consents to the Student using our Services.

FEES

All Fees are as advertised on our Website or as otherwise notified by us to you.

Payment may be made by credit card, bank transfer or any other method made available by us at the time of registration.

We may vary the Fees for our Services from time to time without notice. Subject to these Terms, we will not increase the amount payable by you for a Service once we have accepted your registration without notice to you.

CANCELLATION, REFUND AND TERMINATION

You are solely responsible for cancelling a Service or an individual class by notifying us by email. Tutoring students can use the online portal to cancel a class. If you have paid for multiple classes, we will refund any unused payments, except for any scheduled class within 24 hours of the cancellation.

You may cancel an individual class by notifying us at least 24 hours before the class, and we will schedule a make-up session within two weeks of the missed class. No refund will be provided for the missed class.

If you cancel an individual class less than 24 hours before the class, no make-up session or refund will be provided for the missed class.

Any class not attended within 15 minutes of the scheduled start time will be considered cancelled.

Both the Parent and the Student may cancel a Service or an individual class. Parents can view their Student’s tutoring schedule at any time through the online portal.

For The Big Study Group, we do not provide any refunds for Services that have been provided.  A Student can cancel this Service at any time and receive a pro-rata refund of any fees paid.

We will at all times abide by the Australian Consumer Law (ACL) in relation to any refunds, returns and replacements. Please contact us to discuss at any time.

We have the right in our sole discretion to terminate or suspend your access to the Services with or without notice and for any reason, including, without limitation, breach of these Terms or any of our Group Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating our relationship and may be referred to the appropriate law enforcement authorities.

Upon such termination, regardless of the reasons, your right to use the Website and Services immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our Website and Services. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

We are not required to provide any refund or part thereof to you for such termination of your registration. Any refund may be determined in our sole discretion.

GENERAL USER AGREEMENT

To be eligible to register and use our Services, you acknowledge and agree to the following:

• You will not share your password or login details with any other person and you will keep your contact, payment and other information updated;
  

• You warrant that all information you provide is true, correct, up-to-date and accurate;
  

• You will not transfer, sublicense or grant access to any of our Services to any other person, company or business except as agreed in these Terms;

• You will not transmit any viruses, malware, worms, etc. of any kind and you will not upload, post, host or transmit unsolicited material or messages to the Website; and

• If we do not receive your payment, we may suspend or terminate your registration and access to the Services.

DELIVERY OF SERVICES

Upon registration and payment of the Fee, you will be able to access our Services. You need to ensure that you have the appropriate technical software, hardware and internet connection to access our Services.

As we are an online business, our primary means of communication is via the email address you provide to us. We will not be responsible for any missed communication or delivery due to the email address being incorrect. Please ensure that you have provided your correct and accurate email address to receive our communications and Services.

If you cannot access a Service or receive our communications, or they appear to be delayed, please check your email address provided to ensure it is correct and also your Spam folder in the event you have not added us to your address book. Otherwise please contact us so we may try to assist.

DISCLAIMER

The Parent and the Student are solely responsible for the Student’s progress and completion of our courses. As progress and results vary from individual to individual, we cannot and do not guarantee any particular result, outcome or job as a result of the Student’s participation in any Service or completion of any course.

All Content provided as part of the Services is for general information and educational purposes only. Nothing contained in the Content is, or is intended to be, construed as advice. We are only providing you with facts, information, insights and educational material. You need to decide what may work best and is suitable for your personal needs.

Our Content and Services are provided in good faith but we do not warrant or make any representations regarding the use or the result of the use of any Content or Service, including as to their completeness, correctness, suitability, accuracy, reliability, or otherwise. You should, before you act or use any Content or Service, consider the appropriateness of the information having regard to your own personal needs.

WEBSITE SERVICES

We make no warranty that our Website or Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavours to ensure that the Website and Services are always available and virus-free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavour to notify you if the Website or Services become unavailable for any lengthy or unusual time period.

You agree and acknowledge that the Website uses third-party vendors and hosting partners to provide the necessary software, hardware, service and storage.

We may use cookies when you visit our Website as a part of our interaction with your internet browser. We use cookies to provide you with a better and more customised service and a more effective website. We do not collect personally identifiable information about you from cookies. You can choose if and how a cookie will be accepted by configuring your preferences in your browser.

LIABILITY AND INDEMNITY

Our liability to you is governed solely by the Australian Consumer Law and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

When your Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option:

1. The supply of a Service again; or

1. The refund for a Service.

You agree that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our Website or Services. This damage includes, but is not limited to, any personal injury, death or property damage.

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

You agree to indemnify us against all loss and/or damages whether direct or indirect resulting from your reliance on any Content including your breach of our Terms, any third-party claims resulting directly or indirectly from your use of our Website or Services, and any activity you may engage in through any use of our Website or Services.

LINKS TO OTHER WEBSITES

We may from time to time provide on our Website links to other websites, or advertisements and information provided by other websites or third parties. Such links, advertisements and information are provided for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or an arrangement between us and the owners of those websites or third parties. We take no responsibility for any of the content found on the linked websites or provided by third parties.

EXCLUSION OF COMPETITORS

If you are in the business of providing similar services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of ours. We expressly exclude and do not permit you to use or access our Website, to download any documents or information from the Website or obtain any such documents or information through a third party. If you breach this term then we will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. We reserve the right to exclude and deny any person access to our Website or Services in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

Our Content, including course materials, is protected by copyright and may not be copied by you or any other person, without our express written permission.

In particular, you may not share, copy or redistribute the material in any medium or format at any time unless indicated on our website. The material is for your individual personal use only and may not be used for commercial purposes. You are not permitted to make any derivative material, including but not limited to copying, reproducing, transforming, sharing or building upon the material in whole or any part thereof. For any other use or distribution, you must have our express written permission.

All custom graphics, icons, logos and service names within the Website and Content are registered trademarks, copyright, trade or service marks of ours.

All other trademarks or service marks within the Website and Content are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or anything you access through our Website or Services.

You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this Website or provided as part of the Services. Any unauthorised use of such materials may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Upon acceptance of these Terms, any other relevant terms provided to you and payment of the Fee, we hereby grant you a non-exclusive, non-transferable, limited licence to access our Website and use any material we provide to you as part of a Service for the period that you are registered to use the Service.

JURISDICTION

This agreement and this Website are subject to the laws of Victoria and Australia. If there is a dispute between you and us that results in litigation then you must submit to the exclusive jurisdiction of the courts of Victoria and Australia.