1. INTRODUCTION
Padea Education Pty Ltd (ABN 66 666 851 225) (“Padea”, “we”, “us”, “our”) provides after-school learning environments designed to foster discipline and academic camaraderie for students, parents and/or guardians (collectively “you”, “your”). These sessions/programs are monitored by tutors who deliver expert guidance on content, test preparation and essay support (referred to in this document as the “Services”).
These Terms and Conditions, in conjunction with our Privacy Policy, set out the terms that apply to your use of our Website and any of our Services.
2. definitions
In this policy:
“Staff” or “Staff member” means all employees, including consultants, contractors, individuals with work experience or vocational placements, and volunteers working for Padea.
“Student” means any person, regardless of age, who is enrolled in Padea’s Service.
“Parent” means a legal guardian
“School” refers to educational institutions or schools that collaborate with Padea in the delivery of our Services. These institutions work in partnership with Padea to provide educational services and may have their own relevant Terms and Conditions which you may be bound by.
3. ACCEPTANCE OF TERMS
By using this Website, accepting our Services, registering as a student, or registering a student on their behalf, you confirm that you have read, understood, and hereby acknowledge your agreement to comply with and be bound by our Terms and conditions for the provision of our Services. Additionally, you may accept the Terms and Conditions by clicking accept or agree to the Terms and Conditions where this option is made available to you by the Website in the user interface. If you do not agree to our Terms and Conditions, you must cease usage of our Website and our Services, immediately.
4. INTERPRETATION
By accepting these Terms and Conditions, you confirm that you possess the requisite capacity and authority to be legally bound by them. If you accept or agree to these Terms and Conditions on behalf of another user, company, or any other legal entity, you warrant that you have the authority to lawfully bind that User, company, or legal entity to these Terms and Conditions. In such instances, references to "you" and “your” shall apply to said company or legal entity. If you are under the age of eighteen (18), it is necessary for your parents or legal guardians to agree to and be bound by these Terms and Conditions.
We reserve the right to review and change any of the Terms and Conditions at our sole discretion. When we update the Terms and Conditions, we will use reasonable endeavours to provide you with notice of updates of the Terms and Conditions, such as by (but not limited to) sending you an email or triggering a notification on your mobile phone. Any changes to the Terms and Conditions take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
5. THE SERVICES
In order to access the Services, the Parent and Student are required to register through the registration and payment form.
As part of the registration process, or as part of your continued use of the Services, you will be required to provide personal information about yourself (such as identification or contact details), including your:
full name of student and parents;
residential address;
email address;
phone number;
year level;
dietary requirements;
school subjects;
credit card;
any other information that we may request.
You warrant that any information you give to us while completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered member of the Service and agree to be bound by the Terms and Conditions
6. your responsibilities
By accepting these Terms and Conditions, you agree that it is your responsibility to:
Arrange transportation for your Student to and from each session.
Note that we cannot supervise Students outside of session times, and we are unable to adjust starting times for Students who arrive early or late.
Keep us informed of your current contact details, including any updates. It is your responsibility to provide accurate and up-to-date personal information and other relevant data necessary for our services.
Inform us promptly of any concerns you have regarding your Student's special needs or specific interests, as we make efforts to accommodate them.
Personally collect your Student from the school at the end of each session. If you authorise the Student to make their own way home or meet at an alternative location for collection, you assume full responsibility and duty of care once they have left the school at the conclusion of the sessions.
Use our Services solely for purposes permitted by the Terms and Conditions, along with any applicable laws, regulations, or generally accepted practices or guidelines in your jurisdiction.
Ensure that the terms of any Family Court orders or shared parenting arrangements are complied with. Padea is not responsible for pickup or handover arrangements, including taking no responsibility for any breach of or dispute between parties in relation to parents picking up or failing to pick up students.
7. PAYMENT, CANCELLATION AND REFUND POLICIES
7.1 PAYMENT policy
Payments for the School Term’s program must be made in full at the time of registration through the provided payment form prior to the start of the corresponding School Term the student is enrolling into.
The invoice must be paid within 5 days of the start of the School Term using Credit Card or Direct Debit methods.
A receipt and an Induction Letter will be sent via email to the Parent after each payment or invoice transaction.
Failure to pay an invoice within 30 days of the start of the School Term will result in a $50 late fee being charged in addition to any outstanding payments.
If payment is not received within 35 days of the start of the School Term, your details will be forwarded to a debt recovery agency for the purpose of recovering the outstanding amount.
If you fail to pay an invoice, we reserve the right to terminate your enrolment in our Program, in which case you will not be allowed to attend any further sessions.
7.2 GST
Terms used in this clause have the same meanings given to them in the A New Tax System (Goods and Services Tax) Act 1999 (“GST Act”). Subject to the express provisions of the Agreement, if any supply made under or in connection with the Agreement by one party (“Supplier”) to the other party (“Recipient”) is subject to GST, the consideration for that supply will be increased by an amount equal to the GST payable. The GST is payable at the time the consideration is due for payment. Unless otherwise stated, prices quoted are exclusive of GST.
Where GST is imposed on a supply, the Supplier must ensure that any invoice or other request or demand for payment for supplies provided by it to the Recipient constitutes a tax invoice that will, where applicable, enable the Recipient to claim any tax credits for the GST in respect of supplies to which the invoice relates. No amount will be due and payable by Recipient in respect of a supply under the Agreement unless the Recipient has received from the party making the supply an invoice which complies with this clause.
7.3 CANCELLATION AND REFUND POLICY
Once you have registered and have made payment, we consider this registration to be final, subject to this Cancellation Policy. That is, you agree to pay for the Service unless specified otherwise in this document. Note that if a session/sis cancelled for any reason, you must notify Padea immediately.
If the reason for cancellation is not acceptable and the session is cancelled by you less than 6 hours prior to the sessions, no refunds will be provided.
Acceptable reasons for cancellation; you will be refunded if the session is cancelled more than 6 hours before commencement solely due to:
Padea cancelling the session for any reason;
the Student being sick (as certified by a medical practitioner);
the Student having an appointment which is:
important and urgent; and
unable to be rescheduled;
the Student’s requirement to appear in court for any reason;
the student cancelling the session with sufficient notice, being more than 6 hours prior to the commencement time of the session; or
any other unforeseeable event which should reasonably take precedence over the Student’s attendance at the session.
Unacceptable reasons for cancellation; you will not be refunded if the session is cancelled less than 6 hours prior to the commencement of the session due to:
the Student’s lateness, including but not limited to lateness due to transport delays;
a reasonably foreseeable or regular event that would otherwise satisfy any of the acceptable reasons for cancellation above, with the exception of a court appearance;
any event which is unable to be rescheduled due to a lack of planning by the Student;
other work or study commitments; or
any unexplained failure to be at the agreed place at the agreed time.
Furthermore, you will not be refunded if:
the Student fails to give sufficient notice of at least 6 hours of the cancellation of the session, unless the session is cancelled for an acceptable reason as defined in this document; or
the Student’s failure to give immediate notice of the cancellation causes significant inconvenience to Padea.
Variation of Sessions: If the time, place or duration of a session is varied by mutual agreement without significant inconvenience to either the Student or Padea, the session shall not be taken to have been cancelled;
Replacement Sessions: The Student will be charged for any session arranged in the stead of a cancelled session unless the cancelled session was cancelled by Padea, no mutually agreed alternative session occurred and the cancellation caused significant inconvenience to the Student.
Repeated Cancellations: After two no-shows or cancellations, Padea may choose not to provide its Services to the Student any longer. This decision may be made at Padea’s discretion.
Waiver of Fees: Padea may choose to refund the Student for a cancelled session, even if the Student would otherwise be charged under this Cancellation Policy.
8. Intellectual Property
All intellectual property rights in any works or other subject matter developed or supplied by or on behalf of Padea under these Terms and Conditions to the Customer are owned by Padea or the person nominated by Padea.
Padea may provide the Student with materials that we own the copyright to. Students are permitted to make copies or modify the materials for their own personal use and private study. However, these materials may not be used, distributed, or copied for any other purposes.
You must not impair Padea’s right, title or interest in Padea’s intellectual property rights and must not assign, sublicense, sell, lease, transfer, devise or otherwise deal with such intellectual property rights in relation to any third party.
9. LIMITATION OF LIABILITY
To the full extent permitted by law, all guarantees, warranties, representations, promises, conditions or statements regarding the Goods and/or Services, whether express or implied, and whether statutory or otherwise (including without limiting generality, guarantees, warranties, representations, promises, conditions and statements as to merchantability, suitability or fitness for any purpose, profitability or any other attributes or consequences of or benefits to be obtained from or in the course of using such services) are excluded except as otherwise expressly provided for in these Terms and Conditions.
To the full extent permitted by law, Padea’s liability for breach of any statutory guarantee, warranty, condition or other obligation, is limited, at the option of Padea, to any one or more of the following:
In so far as the liability relates to Goods:
the replacement of the relevant goods or the supply of equivalent goods;
the repair of such goods;
the payment of the cost to replacing the goods or acquiring equivalent goods; and
the payment of the cost of having the goods repaired.
In so far as the liability relates to Services:
the resupply of the services; and
the payment of the cost of having the reservices resupplied.
Padea will not be liable for any indirect or consequential damages including loss of profits, revenue, data or use in any action in contract, torts, or relevant statute law arising out of or in connection with the supply of Goods and Services.
When using our Service, it is your responsibility to ensure that it aligns with your intended learning objectives. You acknowledge and agree that we do not assume responsibility for the suitability of the Service to meet your specific learning needs. As a result, you release and indemnify us from any damages or losses you may incur due to the improper or unsuitable use of the Service.
Padea makes no guarantee, warranty, representation or promise of any academic outcomes associated with your use of our Services. The opinion and advice of any Staff are entirely their own and should not be construed as our opinion or advice. We do not endorse any opinion or advice of any Staff.
Direct or indirect contact with Padea tutors by students and parents outside of the Services is prohibited. This is necessary both to protect students, parents and tutors as well as Padea’s intellectual property and goodwill.
10. INDEMNITY
You agree to indemnify Padea, our affiliates, employees, agents, contributors, third-party content providers, and licensors from and against:
all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage(including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection to, or use of, the Website or Services;
any direct or indirect consequences of you accessing, using or transacting on the Website or Services or attempts to do; so
Our use of your Content or Data;
Your violation of the rights of any third party; and
any breach of the Terms and Conditions.
11. termination
Either party may terminate the engagement under these Terms and Conditions for any reason whatsoever (or for no reason), by providing 14 days written notice of intention to terminate.
We may at any time, terminate our engagement under these Terms and Conditions with you by written notice with immediate effect, if:
you have breached any provision of the Terms and Conditions or intend to breach any provision;
we are required to do so by law; or
our provision of the services to you is, in our sole opinion, no longer commercially viable.
Subject to local applicable laws, we reserve the right to discontinue or cancel your enrolment at any time and may suspend or deny, at our sole discretion, your access to all or any portion of the Website or the Services without notice if:
you breach any provision of the Terms or any applicable law;
if your conduct impacts our name or reputation or violates the rights of those of another party; or
we are required to do so by law.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and we have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force), or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
12. DISPUTE RESOLUTION
12.1 compulsory
If a dispute arises out of or relates to the Terms and Conditions, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
12.2 NOTICE
A party to the Terms and Conditions claiming a dispute (“Dispute”) has arisen under the Terms and Conditions, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute.
12.3 resolution
On receipt of that notice ('Notice') by that other party, the parties to the Terms and Conditions ('Parties')must:
Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the Queensland Small Business Commissioner or his or her nominee;
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; and
The mediation will be held in Brisbane, Queensland.
12.4 confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
12.5 TERMINATION OF MEDIATION
If 14 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
13. privacy
You acknowledge that Padea collects and uses your information from the payment form for the purpose of creating enrolments in accordance with these Terms and Conditions.
Padea must comply with its obligations under the Privacy Act 1988 (Cth), privacy policies and guidelines applicable. A current version of Padea’s Privacy Policy is available at the following URL: https://www.padea.com.au/privacy-policy
14. privacy
The Terms and Conditions are governed by the laws of Queensland. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in anyway relating to the Terms and Conditions and the rights created hereby shall be governed, interpreted and construed by, pursuant to and under the laws of Queensland, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms and Conditions shall be binding to the benefit of the parties hereto and their successors and assigns.
15. SEVERANCE
If any part of these Terms and Conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
16. miscellaneous
16.1 SUBCONTRACTING
Padea may assign or subcontract the performance of its obligations under these Terms and Conditions.
16.2 ACADEMIC HONESTY
You shall not use our Services to inquire about, engage in or aid or assist anyone with any form of academic dishonesty. For example, completing assignments or projects, writing papers or essays, taking (or helping take) quizzes or examinations on someone’s behalf, or completing work in violation of academic policies or other conduct policies of a school, university, academic institution or workplace.
16.3 PERMISSION FOR USE OF PHOTOGRAPHS/VIDEOS
During Padea’s Service, participants will engage in various activities that may involve photography and/or filming. Photographs and/or videos of Students maybe reproduced in our publications, marketing materials, and website for promotional purposes.
By accepting our Terms and Conditions, parents/ guardians grant consent for Padea to use and publish photographs and/or videos of their child for promotional purposes. However, parents/guardians also have the option to provide written notification to Padea if they do not consent to photo and video usage.
17. GENERAL DISCLAIMER
Nothing in these Terms and Conditions limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law, which cannot be limited or excluded by law.
Subject to this clause and to the extent permitted by law:
All terms, guarantees, warranties, representations, or conditions not expressly stated in these Terms and Conditions are excluded.
We shall not be liable for any special, indirect, or consequential loss or damage unless such loss or damage is reasonably foreseeable and results from our failure to meet an applicable Consumer Guarantee. This includes loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms and Conditions, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute, or otherwise.
Your use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided "as is" and "as available" without warranty or condition of any kind. None of our affiliates, directors, officers, employees, agents, contributors, or licensors makes any express or implied representation or warranty about the Services or any products or services referred to on the Website. This includes but is not limited to, any loss or damage you may suffer due to:
Failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration, or unauthorised access to records;
The accuracy, suitability, or currency of any information on the Website, the Services, or any related products (including third-party material and advertisements on the Website);
Costs incurred as a result of your use of the Website or the Services; and
The Services or operation with respect to links provided for your convenience.
You acknowledge that the Website’s sole purpose is to inform and promote our Service and does not offer any services other than the Services.
We may provide notice through a general notice on the Services, email to your registered email address, or written communication sent to your provided address.
You may not assign or transfer these Terms and Conditions without our prior written approval. We have the right to assign or transfer these Terms and Conditions, including to subsidiaries, affiliates, acquirers of equity, or successors by merger.
No joint venture, partnership, employment, or agency relationship exists between you, us, the Student, or any School as a result of the use of the Services.
These Terms and Conditions constitute the entire agreement between the parties and supersede all prior or contemporaneous agreements regarding the subject matter herein.
18. CONTACT
For any inquiries regarding this Policy, please contact: admin@padea.com.au
19. POLICY MANAGEMENT
Padea acknowledges that periodic review and updates of this document may be necessary to align with emerging laws, technological advancements, and modifications to Padea's operations and practices, and to ensure its continued suitability within the evolving School environment.
