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Before we get started, we want to get a few things clear to make sure everything goes well. Below are our Client Terms. They cover both Big Picture Tutoring and The Big Study Group (a project of Big Picture Tutoring).
If you are only registered for The Big Study Group, most of the terms below apply to you so please read them carefully.
Everyone participating in The Big Study Group will also need to read and agree to The Big Study Group Guidelines and Rules.
If you’re doing a free program, then the parts about payment do not apply to you. Everything else does though, so please read it through. If you’re doing a free trial lesson, the information about payment will apply once that lesson is over and you have decided to continue with paid tutoring.
Please read through the Client Terms carefully and let us know if you have any questions. If you are under 18, please get your parent or guardian to read and agree to them.
Here are a few important things I’d like to highlight
For tutoring students:
Big Picture Tutoring has zero tolerance for abuse, and works hard to provide culturally appropriate education for all students.
Please read the Child Safe Policy and feel free to discuss it with me. The policy also lays out how I communicate with students, and what you can do if you have any concerns.
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:
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:
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.
Last updated: 23 January 2023
At Big Picture Tutoring, we are committed to protecting your privacy as a customer and an online visitor to our website. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our privacy policy below carefully.
INFORMATION WE COLLECT FROM YOU
In the course of your visits to our website or use of our products and services, we may obtain the following information about you: name, company name, email address, telephone number, credit card details, billing address, geographic location, IP address, survey responses, support queries, blog comments and social media handles (together ‘Personal Data’).
If you are under 16 years of age we require parental consent to use our services.
You can review, correct, update or delete your Personal Data by either logging into your account and making the changes yourself or contacting us directly to do so.
HOW WE USE YOUR INFORMATION
Personally Identifiable Information: We use the information we collect to deliver our services to you, including: communicating with you, providing technical support, notifying you of updates and offers, sharing useful content, measuring customer satisfaction, diagnosing problems and providing you with a personalised website experience.
Marketing communications are only sent to you if you have requested or subscribed to them. You can opt out of our marketing communications at any time by unsubscribing or emailing us and your request will be actioned immediately.
Non-Personally Identifiable Information: We also use the information we collect in aggregated and anonymized forms to improve our services, including: administering our website, producing reports and analytics, advertising our products and services, identifying user demands and assisting in meeting customer needs generally.
Any information you choose to make publicly available, such as blog comments and testimonials on our website, will be available for others to see. If you subsequently remove this information, copies may remain viewable in cached and archived pages on other websites or if others have copied or saved the information.
STORAGE AND SECURITY OF YOUR INFORMATION
We will use all reasonable means to protect the confidentiality of your Personal Data while in our possession or control. All information we receive from you is stored and protected on our secure servers from unauthorized use or access. Credit card information is encrypted before transmission and is not stored by us on our servers.
To enable us to deliver our services, we may transfer information that we collect about you, including Personal Data, across borders for storage and processing in countries other than Australia. If your Personal Data is transferred and processed outside Australia, it will only be transferred to countries that have adequate privacy protections.
We retain your personal information for as long as needed to provide services to you and as otherwise necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
In the event there is a breach of our security and your Personal Data is compromised, we will promptly notify you in compliance with the applicable law.
COOKIES AND PIXELS
A cookie is a small file placed in your web browser that collects information about your web browsing behaviour. Use of cookies allows a website to tailor its configuration to your needs and preferences. Cookies do not access information stored on your computer or any Personal Data (e.g. name, address, email address or telephone number). Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. This may, however, prevent you from taking full advantage of our website.
Our website uses cookies to analyse website traffic, provide social media sharing and liking functionality and help us provide a better website visitor experience.
SHARING YOUR INFORMATION WITH THIRD PARTIES
We do not and will not sell or deal in Personal Data or any customer information.
Your Personal Data details are only disclosed to third party suppliers when it is required by law, for goods or services which you have purchased, for payment processing or to protect our copyright, trademarks and other legal rights. To the extent that we do share your Personal Data with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy and in accordance with applicable law. Our contracts with third parties prohibit them from using any of your Personal Data for any purpose other than that for which it was shared.
DISCLOSURE OF YOUR INFORMATION
We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, we may use your Personal Data to protect the rights, property or safety of Big Picture Tutoring, our customers or third parties.
If there is a change of control in one of our businesses (whether by merger, sale, transfer of assets or otherwise) customer information, which may include your Personal Data, could be transferred to a purchaser under a confidentiality agreement. We would only disclose your Personal Data in good faith and where required by any of the above circumstances.
LINKS TO OTHER WEBSITES
This website may contain links to other websites. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personally identifiable information. This privacy policy applies solely to information collected by this website.
CHANGE IN PRIVACY POLICY
As we plan to ensure our privacy policy remains current, this policy is subject to change. We may modify this policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on this website. Please return periodically to review our privacy policy.
CONTACT US
If you have any questions or concerns at any time about our privacy policy or the use of your Personal Data, please contact us at studygroup@bigpicturetutoring.com and we will respond within 48 hours.
If you are a resident of the EU or UK you have certain rights and protections under the EU and UK GDPR regarding the processing of your Personal Data.
We collect, use and store your Personal Data to enable us to provide you with our goods or services and information about them. We rely on the following lawful means of processing your Personal Data:
– Where it is necessary to fulfil a contract with you. This includes where we collect your Personal Data to enable us to send you our goods or provide you with our services.
– Where you have given us valid consent to use your Personal Data. We will rely on that consent and only use the Personal Data for the specific purpose for which you have given consent. This includes where we email newsletters or send mobile phone notifications.
– We may also process your Personal Data where it is to further our legitimate interests which could include usage statistics, analytics and internal analysis so we can improve our services to you.
If you are a resident of the EU or UK you have various rights including the:
– Right to be informed;
– Right of access;
– Right to rectification;
– Right to object;
– Right to restriction of processing;
– Right to erasure or to be forgotten;
– Right to data portability; and
– Right not to be subject to automated processing.
If you want to access your Personal Data or ask for the information to be corrected, please contact us. In some circumstances, you also have a right to object to or ask that we restrict certain processing activities or delete your Personal Data. If you would like to limit or request deletion of your Personal
Data or exercise any other rights you can do so by contacting us.
WITHDRAWING YOUR CONSENT
You can withdraw your consent to our collection or processing of your Personal Data. You can do so by contacting us or by opting out of email newsletter communications by following the instructions in those emails, by clicking unsubscribe or by using the opt out option through our App. If you withdraw your consent to the use of your Personal Data, you may not have access to our services and we might not be able to provide you with our services. In some circumstances, where we have a legal basis to do so, we may continue to process your information after you have withdrawn consent. For example, if it is necessary to comply with an independent legal obligation or if it is necessary to do so to protect our legitimate interest in keeping our services secure.
OUR COMPLIANCE
We comply with the GDPR protection directives set out by the EU and UK regarding the collection, use and retention of Personal Data from EU member countries and the UK. All Personal Data stored on our platform is treated as confidential. It is stored securely and is only accessed by authorized personnel. Our collection is limited in relation to what is necessary, for the purpose for which the Personal Data is processed, and kept only for so long as is necessary for the purpose for which the Personal Data was collected. We implement and maintain appropriate technical, security and organisational measures to protect Personal Data against unauthorized or unlawful processing or use, and against accidental loss, destruction, damage, theft or disclosure. We ensure the encryption and pseudonymisation of Personal Data and we have adequate cyber security measures in place.
YOUR ACKNOWLEDGEMENT
By providing us with your Personal Data, you consent to us disclosing it to third parties who reside outside the EU or UK. We will ensure that those third parties are GDPR compliant.If you feel that your data has not been handled correctly or you are unhappy with our response to any requests you have made to us regarding the use of your personal data, you have a right to lodge a complaint with the Australian Privacy Commissioner through their website: https://www.oaic.gov.au/privacy/privacy-complaints/