Terms & Conditions

Welcome to Merit Tutoring. These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you", "your", "Parent", "Guardian", or "User") and Merit Tutoring ("we", "us", "our", or "Merit Tutoring") governing your access to and use of our tutoring services, website, and related platforms.

By accessing our website, creating an account, enrolling a student, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

These Terms apply to all users, including parents, guardians, and students participating in our tutoring programs. If you are enrolling a child, you are agreeing to these Terms on behalf of yourself and the enrolled student.

Merit Tutoring is an Australian-based online tutoring service providing educational support to primary school students.

3.1 Geographic Restrictions

Our services are available exclusively to residents of Australia. By using our services, you confirm that you are located within Australia.

3.2 Age Requirements

To create an account and enrol a student with Merit Tutoring, you must:

• Be at least 18 years of age
• Be the parent or legal guardian of the student being enrolled, or have appropriate authorisation to enrol the student
• Have the legal capacity to enter into a binding agreement

3.3 Student Eligibility

Our tutoring services are designed for primary school students in Years 1 to 6. Students must:

• Be enrolled by a parent or legal guardian who is at least 18 years of age
• Have access to a suitable device and internet connection for online sessions
• Have their own individual account (accounts cannot be shared between students)

Merit Tutoring provides online educational tutoring services for Year 1-6 students, aligned with the Australian Curriculum. Our services include:

4.1 Foundation Access Plan

• Interactive learning videos and quizzes
• Self-paced learning accessible on any device
• Progress tracking and weekly parent updates
• Curriculum-aligned educational content

4.2 Guided Mastery Plan

Includes everything in Foundation Access, plus:

• Weekly small-group online tutoring classes (maximum 5 students per group)
• Live teaching with qualified tutors
• Interactive Q&A support during sessions

4.3 Service Delivery

All tutoring sessions are conducted online via video conferencing. We reserve the right to modify, update, or discontinue any aspect of our services at any time, with reasonable notice provided to affected users where practicable.

5.1 Account Creation

To access our services, you must create an account by providing accurate and complete information. Each student must have their own individual account; account sharing between students is not permitted.

5.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorised access or security breach
• Ensuring that your contact information remains current and accurate

5.3 Accuracy of Information

You agree to provide truthful, accurate, and complete information during registration and throughout your use of our services. This includes student details, contact information, and any educational needs or requirements.

5.4 One Account Per Student

Each enrolled student must have their own separate account. Families with multiple children must create individual accounts for each child. This ensures personalised learning experiences and accurate progress tracking.

6.1 Subscription Model

Our services operate on a subscription basis with no lock-in contracts. Current pricing is available on our Pricing page.

6.2 Billing Cycle

Subscriptions are billed fortnightly. Your billing cycle begins on the date you subscribe (after any applicable free trial period).

6.3 Payment Methods

We accept payment via major credit cards, debit cards, and other payment methods available through our secure payment processor (Stripe). All payments are processed securely.

6.4 Free Trial

New students may be eligible for a 7-day free trial. During the trial period, you have full access to the applicable plan features. If you do not cancel before the trial ends, your subscription will automatically commence and you will be charged according to your selected plan.

6.5 Price Changes

We reserve the right to modify our pricing at any time. Any price changes will be communicated to you at least 14 days before they take effect. Continued use of our services after a price change constitutes acceptance of the new pricing.

6.6 Failed Payments

If a payment fails, we will attempt to notify you and may retry the payment. Continued payment failures may result in suspension of services until payment is successfully processed.

6.7 GST

All prices are in Australian Dollars (AUD) and include GST where applicable.

7.1 Cancellation Policy

You may cancel your subscription at any time without penalty. To cancel, contact us via email at contact@merittutoring.com or by phone at 0470 320 921. Cancellation takes effect at the end of your current billing period, and you will retain access to services until that date.

7.2 Pausing Your Subscription

You may pause your subscription for up to 4 weeks at a time. Pause requests must be made at least 48 hours before your next billing date. You will not be charged during the pause period, and your subscription will automatically resume after the pause period ends.

7.3 Refund Policy

Our refund policy is designed to be fair and family-friendly:

• Full Refund: Cancellation during the 7-day free trial period; technical issues on our end preventing service delivery; duplicate or erroneous charges.
• Pro-Rata Refund: Extended illness or medical emergency (with documentation); family emergency or extenuating circumstances (considered case by case).
• No Refund: Student chooses not to attend scheduled sessions; cancellation after services have been delivered for the billing period; change of mind after the free trial period.

For full details, please see our Refund Policy.

7.4 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement.

8.1 Session Attendance

For students on plans that include live tutoring sessions:

• Students are expected to attend scheduled sessions on time
• Sessions start at the scheduled time regardless of when a student joins
• If a student cannot attend, we appreciate advance notice where possible

8.2 Missed Sessions

If your child misses a scheduled group session:

• Where possible, we will offer a makeup session in an alternative time slot
• Students retain access to interactive videos and quizzes for self-paced learning
• Refunds are not provided for voluntarily missed sessions

8.3 Tutor Unavailability

In the event that a scheduled tutor is unavailable:

• We will first attempt to arrange a qualified replacement tutor to conduct the session
• If a replacement tutor is not available, we will offer a makeup session at an alternative time
• In exceptional circumstances, credit may be applied to your account

8.4 Technical Requirements

To participate in online sessions, you must have:

• A stable internet connection
• A device with a working camera and microphone
• A quiet, suitable environment for learning

We are not responsible for technical issues on your end that prevent participation in sessions.

8.5 Session Environment

For the benefit of all students in group sessions, we ask that:

• Students are in a quiet, well-lit space
• Distractions are minimised during sessions
• A parent or guardian is available nearby (not necessarily in the room) during sessions for younger students

9.1 Expected Behaviour

All users (including parents and students) agree to:

• Treat tutors, staff, and other students with respect and courtesy
• Use appropriate language during all interactions
• Follow tutor instructions during sessions
• Not disrupt sessions or interfere with other students' learning

9.2 Prohibited Conduct

The following conduct is strictly prohibited:

• Harassment, bullying, or abusive behaviour towards tutors, staff, or other students
• Sharing inappropriate content or using offensive language
• Attempting to contact tutors or other students outside of official Merit Tutoring channels
• Recording sessions without prior written consent
• Sharing account credentials or allowing unauthorised access
• Using our services for any unlawful purpose
• Attempting to interfere with or disrupt our services or systems

9.3 Consequences of Misconduct

Violation of these conduct standards may result in:

• A warning to the parent/guardian
• Temporary suspension from sessions
• Termination of the account without refund in serious cases

10.1 Our Content

All content provided through Merit Tutoring, including but not limited to videos, quizzes, worksheets, lesson plans, teaching materials, graphics, logos, and website content, is the intellectual property of Merit Tutoring or its licensors and is protected by Australian and international copyright, trademark, and other intellectual property laws.

10.2 Limited Licence

Upon payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use our educational materials for personal, non-commercial educational purposes only. This licence is granted solely for the enrolled student's benefit.

10.3 Restrictions

You may not:

• Copy, reproduce, distribute, or publicly display our content
• Modify, adapt, or create derivative works from our content
• Use our content for any commercial purpose
• Share our content with non-enrolled individuals
• Remove or alter any copyright, trademark, or other proprietary notices
• Use automated tools to download or scrape our content

10.4 Trademarks

"Merit Tutoring" and our logo are trademarks of Merit Tutoring. You may not use our trademarks without prior written consent.

11.1 Recording for Safety and Quality

For child safety and quality assurance purposes, all online tutoring sessions may be recorded by Merit Tutoring. By using our services, you consent to this recording.

11.2 Use of Recordings

Session recordings are used solely for:

• Child safety and safeguarding purposes
• Quality assurance and tutor training
• Resolving any disputes or concerns raised by parents or guardians
• Compliance with legal or regulatory requirements

11.3 Storage and Access

Recordings are:

• Stored securely with restricted access
• Retained for a limited period as required by our child safety policies
• Only accessed by authorised personnel on a need-to-know basis
• Never shared with third parties except as required by law or with your explicit consent

11.4 User Recording

Users (parents, guardians, or students) are not permitted to record sessions without prior written consent from Merit Tutoring.

Your privacy is important to us. Our collection, use, and handling of personal information is governed by our Privacy Policy, which forms part of these Terms.

By using our services, you consent to the collection, use, and disclosure of information as described in our Privacy Policy, in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

12.1 Children's Privacy

We are committed to protecting children's privacy. We only collect student information with parental consent and use it solely for educational purposes. For more information, please refer to our Privacy Policy and Child Safety Policy.

13.1 Educational Outcomes

Merit Tutoring provides educational support services and does not guarantee specific academic outcomes, grades, or results. While we strive to deliver high-quality tutoring that supports student learning, results may vary based on individual circumstances, including but not limited to student effort, attendance, and external factors.

13.2 Limitation

To the maximum extent permitted by law, Merit Tutoring, its owner, employees, tutors, and agents shall not be liable for any:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from your use or inability to use our services
• Damages resulting from any unauthorised access to your account
• Technical failures, interruptions, or errors in our services

13.3 Maximum Liability

To the extent permitted by law, our total liability to you for all claims arising from or related to these Terms or our services shall not exceed the total amount you paid to us in the three (3) months preceding the claim.

13.4 Consumer Guarantees

If the Australian Consumer Law applies to you as a consumer, nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law, including consumer guarantees that cannot be excluded by law.

14.1 Service Availability

While we strive to provide reliable services, we do not guarantee that our services will be uninterrupted, error-free, or available at all times. Services may be temporarily unavailable due to maintenance, technical issues, or circumstances beyond our control.

14.2 Third-Party Services

Our services may integrate with or link to third-party services (such as video conferencing platforms and payment processors). We are not responsible for the availability, content, or practices of these third-party services.

14.3 Educational Information

The educational content we provide is intended to supplement, not replace, school education. We do not provide professional educational, psychological, or medical advice. If you have concerns about your child's learning needs, please consult appropriate professionals.

14.4 No Warranties

Except as expressly provided in these Terms or required by law, our services are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory.

You agree to indemnify, defend, and hold harmless Merit Tutoring, its owner, employees, tutors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your breach of these Terms
• Your violation of any applicable law or regulation
• Your violation of any third party's rights
• Any content or information you provide to us
• Your misuse of our services

16.1 Informal Resolution

If you have a dispute or concern regarding our services, we encourage you to first contact us directly at contact@merittutoring.com or 0470 320 921. We are committed to resolving issues promptly and fairly, and most concerns can be resolved through open communication.

16.2 Negotiation

If a dispute cannot be resolved through initial contact, both parties agree to attempt to resolve the dispute through good faith negotiation for a period of at least 14 days before pursuing any other form of dispute resolution.

16.3 Mediation

If a dispute cannot be resolved through informal negotiation, either party may refer the dispute to mediation. The mediation will be conducted by a mutually agreed mediator, or if the parties cannot agree, a mediator appointed by a mediation service in New South Wales. The costs of mediation will be shared equally between the parties unless otherwise agreed.

16.4 Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Subject to the dispute resolution procedures above, you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

16.5 Consumer Rights

Nothing in this section limits your right to take action under the Australian Consumer Law or to lodge a complaint with a relevant regulatory body.

17.1 Termination by You

You may terminate your account and subscription at any time by contacting us. Upon termination, you will retain access to services until the end of your current billing period.

17.2 Termination by Us

We may suspend or terminate your account and access to our services immediately, without prior notice, if:

• You breach any provision of these Terms
• You engage in conduct that is harmful, offensive, or disruptive to tutors, staff, or other students
• You fail to pay applicable fees after reasonable notice
• We are required to do so by law
• We cease to offer our services

17.3 Effect of Termination

Upon termination:

• Your right to access our services will cease immediately (or at the end of your billing period, where applicable)
• You must cease all use of our content and materials
• Provisions of these Terms that by their nature should survive termination will continue to apply (including intellectual property, limitation of liability, indemnification, and dispute resolution)

17.4 Refunds on Termination

Refunds upon termination will be handled in accordance with our Refund Policy and applicable law.

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Last updated" date at the top of this page
• For significant changes, we will notify you via email at least 14 days before the changes take effect
• Your continued use of our services after changes take effect constitutes acceptance of the new Terms

If you do not agree to any changes, you may cancel your subscription before the changes take effect.

We encourage you to review these Terms periodically to stay informed of any updates.

19.1 Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, and Child Safety Policy, constitute the entire agreement between you and Merit Tutoring regarding our services and supersede all prior agreements, communications, and understandings.

19.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

19.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by us to be effective.

19.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to a third party without your consent, provided that your rights under these Terms are not adversely affected.

19.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, government actions, internet or telecommunications failures, or other force majeure events.

19.6 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Merit Tutoring.

19.7 Notices

We may provide notices to you via email to the address associated with your account or by posting on our website. You may provide notices to us at contact@merittutoring.com.

If you have any questions, concerns, or feedback about these Terms and Conditions, please contact us:

We aim to respond to all enquiries within 2 business days.