Parent Enrolment Agreement
Thrive Tutors
Thrive Education Australia Pty Ltd (ACN 664 943 542)
Disclosures: Subject to your consumer law rights and these Terms, we will not refund any amounts paid to us and our Liability for the supply of the Services will be limited to, at our discretion the resupply of the Services or the repayment of the Price paid by you to us. We will also not be liable for Consequential Loss.
Terms
These terms and conditions are between Thrive Education Australia Pty Ltd ABN 34 664 943 542 (we, us or our) and you, the person accepting these Terms, together the Parties and each a Party. Our Services comprise of the following:
· recurring enrolment services that provide you with access to the Platform, which includes access to our Education Hub resources, administrative support and additional services as specified on the Platform (Enrolment Services); and
· individual online tutoring sessions delivered by our Tutors in accordance with your selected year level and subject requested by you (Tutoring Services).
Acceptance and Services
We provide the Services through our Tutors via the Platform in accordance with these Terms and in consideration for your payment of the Price. You accept these Terms by registering on the Platform, or using the Platform to book a Tutor.
You must be at least 16 years old to use the Platform. If you are under 16, you will require a parent/guardian to sign up on your behalf. Subject to your compliance with these Terms, we will provide you with access to the Services. We will provide the Services in consideration for your payment of the applicable Fees.
Accounts
You must register on our ThriveTutors platform (Platform) and create an account (Account) to make use of our Services.
You must provide basic information when registering for an Account including your contact name, email address, phone number, physical address, time zone and information relating to the child or children who will receive tutoring from our Tutors (including year level, subjects and the first name/s of the child/children) and you must choose a username and password.
All personal information you and your Authorised Users provide to us will be treated in accordance with our Privacy Policy.
You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including anything that would constitute a breach of an individual’s privacy or any other legal rights or tampering with or modifying the Platform.
Communication
You and Tutors can communicate privately using our private messaging service or you can email ThriveTutors at hello@thrivetutors.com.au You agree not to use the Platform to defame, harass, threaten, menace or offend any person, or to send unsolicited electronic messages.
Bookings
You may specify on the Platform your tutoring requirements in respect of the year level and subject and tutors who match your specifications will become visible on the website and you will be given the option to select the tutor who will provide the services to you. At the time of your enrolment, a ThriveTutors representative may assist you to book recurring weekly lessons each week, including holiday periods, up to December 1st. Any additional lesson requirements (bookings or cancellations), you are responsible for arranging the time and date for each session directly on the Platform (Booking). Tutors may refuse to accept a Booking at their sole discretion.
Billing and Payments
Lesson fees are billed weekly in advance of the booked lesson. Each payment covers one specific lesson that is scheduled to occur in 24 hours. By enrolling with Thrive Tutors, you authorise us to initiate a direct debit from your nominated payment method 24 hours before any lesson you with ThriveTutors is scheduled to occur.
Tutoring Tiers and Pricing
Thrive Tutors offers the following tutoring options:
Premium Tutoring $89 per lesson
1:1 online session delivered by a qualified, registered teacher. Ideal for students requiring structured curriculum support, exam preparation or in-depth conceptual guidance.
Standard Tutoring $59 per lesson
1:1 online session delivered by a high-achieving university tutor. Ideal for students seeking homework support, confidence building or general academic guidance.
Enrolment Fee
When you join Thrive Tutors, a one-off $100 enrolment fee applies per child. This covers the onboarding process and getting everything set up so your child's first lesson hits the ground running. A separate fee applies for each child enrolled.
Lesson Credits
Where a Client provides the required cancellation notice (see Clause 7 Cancellations), a lesson credit will be applied to the Client's account. Lesson credits:
• Roll over month to month and expire on 31 December each year and will not carry over to the following year
• Have no monetary value and cannot be refunded or exchanged for cash
Switching Tutoring Tiers
You may request to switch between Premium Tutoring and Standard Tutoring at any time by contacting us at hello@thrivetutors.com.au. Changes will take effect at the time of your next lesson.
Specialist Tutoring or Skill Development Sessions
For students who are enrolled through our DVA Tutoring Program or specialist skill development sessions, all payments and invoicing is handled directly between ThriveTutors and the relevant external party/department. Parents are solely responsible for ensuring their child has the correct approvals or funding and that their children are ready to attend each scheduled session. It is the responsibility of ThriveTutors to ensure up to date payments.
Payments
We may offer payment options via third-party providers such as Stripe or PayPal. You acknowledge that these providers operate independently, and your use of their services is subject to their own terms and conditions. ThriveTutors does not store any credit card information directly, all payment data is collected and stored through our third-party payment processor. You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of the Services by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account
Remote learning
You acknowledge and agree our Tutors provide our Services online, and your child must have a suitable device (such as a tablet or computer) and a strong internet connection, so that they may attend and participate in the sessions.
Session Start
You agree that the student must log in to their session at or before the scheduled start time (using the email link provided from a Booking). If the Student is late or does not attend, the clauses below apply in relation to cancellation and rescheduling of a session
Tutor Feedback
After each session, the Tutor will provide a short summary and feedback on the student’s performance and progress, available through your Account.
Cancellation & Rescheduling Policy
Rescheduling a Session
You may reschedule a session directly through your Account calendar before the Tutor accepts the Booking. Once a Booking is accepted by a Tutor, you agree that the clauses below apply in relation to cancellations. You can also view our cancellation policy here.
Cancelling a Session
You may cancel a scheduled session through your Account. You understand that:
- if you cancel more than 24 hours before the scheduled session, the cancellation will be free of charge, and you will not be required to pay for the cancelled lesson.
- if you cancel within 24 hours of the session, the applicable Tutoring Session Fee will be forfeited, and no refund will be issued. You agree this cancellation fee is a genuine pre-estimate of our loss we may suffer by reason of your late cancellation or rescheduling.
Tutor Unavailability
If a Tutor is unable to attend a scheduled session, they will contact you to reschedule at a mutually agreed time. If a suitable time cannot be arranged within 7 days, you will receive a credit to use with an alternative Tutor. Please note that repeat cancellations by either you or a Tutor may result in the Account and/or the Tutor being placed under review or suspended at our discretion.
Late Starts and No-Shows
If the Student is late to a session by more than 10 minutes or Student does not attend a scheduled session and has not cancelled the session in advance, the session will be marked a no-show and charged in full. No refunds or credits will be issued. You will not be entitled to make up for any missed portion of the session and sessions will not be extended past their original end time. Tutors will remain in the session for up to 10 minutes before closing the session.
Illness or Emergencies
We understand that unexpected circumstances can occur. If a session is missed due to illness or an emergency, you may request a credit by contacting us as soon as possible. Any credit issued is subject to our approval (at our discretion) and must be used within 90 days.
Cancelling an Enrolment
You may terminate your tutoring enrolment at any time by providing a minimum of two (2) weeks' written notice via email to hello@thrivetutors.com.au . Failure to provide two weeks' notice will result in a $100 termination charge. Termination does not entitle you to a refund for the current month's prepaid lessons. Any unused lesson credits at the time of termination will immediately expire. We may terminate or suspend your tutoring services if you:
• Violate these Terms or our policies
• Demonstrate a consistent lack of commitment to weekly tutoring
• Fail to pay required fees
• Engage in inappropriate, harmful or disrespectful behaviour toward tutors or staff
Intellectual Property
You acknowledge and agree that any Intellectual Property or content (including copyright and trademarks) available on the Platform, the Platform itself, and any algorithms or machine learning models used on the Platform (Our Intellectual Property) will at all times vest, or remain vested, in us. We authorise you to use Our Intellectual Property solely for your personal use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party. You may only access Our Intellectual Property on your personal device, and you may not use Our Intellectual Property for any commercial purpose.
Restraint
You must not, during the term of these Terms and for 6 months after the expiry or termination of these Terms enter into an arrangement with any of our Tutors for the provision of tutoring services (or similar) other than through us. You agree that this restraint is reasonable given the nature of our business and is necessary to protect our legitimate business interests. You agree that we may seek legal remedies (including equitable remedies) for a breach of this restraint.
No reliance
You represent, warrant, acknowledge and agree that you have not relied on any representations or warranties made by us that the Student will achieve any particular result from receiving the Services, unless expressly stipulated in these Terms.
Legal guardian
If you are accepting these Terms as legal guardian for the Student, you represent, warrant, acknowledge and agree that you are the child’s legal guardian, and are able to act on behalf of, and make decisions for, the Student.
Collection Notice
We collect personal information from you or from third parties so that we can provide our Services to you, answer any enquires you submit to us and for the purposes otherwise set out in our privacy policy, available at www.thrivetutors.com.au. Please let us know if you have any questions regarding our privacy policy.
We may disclose this personal information to Tutors and to third parties, including those who provide their services to us (including IT service providers, marketing and advertising providers and website analytics suppliers), if we are required to disclose personal information by law and as otherwise set out in our privacy policy. Where we disclose your personal information to third parties listed in our privacy policy, these third parties may store, transfer or access personal information outside of Australia. If you do not provide your personal information to us, you may not be able to use all of the features on our website and we may not be able to provide our services to you.
Our privacy policy describes further how we collect, store, use and disclose your personal information. It also describes how you can access and correct your personal information, how you can make a privacy-related complaint and our complaint-handling process.
By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our privacy policy.
Your statutory rights
Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the Services which cannot be excluded, restricted or modified (Statutory Rights). Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.
You agree that our Liability for the Services is governed solely by the ACL and these Terms.
Liability
Despite anything to the contrary, to the maximum extent permitted by law (including subject to your rights under the ACL): (1) we or you will not be liable for any Consequential Loss; (2) a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss; (3) (where the Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and (4) our maximum aggregate Liability in relation to the provision of the Services or these Terms will be limited to us resupplying the Services to you or, in our sole discretion, to us repaying you the amount of the Price paid by you to us in respect of the provision of the relevant Services to which the Liability relates.
Notice Regarding Apple
To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
You agree to comply with any applicable third-party terms when using our mobile application.
Apple and Apple subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Termination
Subject to your statutory rights, there will be no refunds for change of mind or other circumstance. If you terminate these Terms due to a material breach on our part, we will refund you the Price paid by you for future sessions.
We may terminate these Terms by notice to you if you breach any of the terms of these Terms and do not remedy such breach within 3 business days of our request for you to do so. There will be no refunds upon such termination.
On termination of these Terms all future sessions will be cancelled.
General
Disputes: Neither you, or us, may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) without first meeting with the other party to seek (in good faith) to resolve the Dispute.
Governing law: These Terms are governed by the laws of Queensland. You, and we, irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.
Definitions
In these Terms, unless the context otherwise requires, the following words mean:
Consequential Loss includes any consequential, special or indirect loss, damage or expense including any real or anticipated loss of revenue, loss of profit, loss of use, loss of occupation, loss of benefit, loss of financial opportunity, or economic loss whether arising out of a breach of these Terms, at law, under any statute, in equity, or in tort (including negligence).
Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party, a party to these Terms or otherwise.
Price means the price per session set out on the Platform or as otherwise agreed between you and us.
Student means the child for whom a session is booked.
Terms means these terms and conditions.
Tutor means a tutor engaged or contracted by us to provide the Services.
By signing this document, you agree to the above terms and conditions.
Date:
Name:
Signature:
