The Client’s (students’ and parents’/guardians’) use of our tutoring and associated services (Services) is subject to legally binding terms and conditions as specified herein. Carefully read the following terms and conditions before accessing or using our website https://readwritelab.com.au (Our Website) and Services. The use of our Services indicates the acceptance of the following terms and conditions and the Client’s (students’ and parents’/guardians’) agreement to be bound by them. These terms and conditions regulate the business relationship between you and us when you use Our Website or engage our Services. By using Our Website in any way, or by purchasing or engaging our Services, you agree to be bound by them.

​

No person under the age of 18 years may use our Website and Services or provide personal information to us. Persons under the age of 18 years may only use our Website and Services with the involvement and consent of a parent or legal guardian.

​

The following terms and conditions form a binding agreement ("Agreement") between the Client and Read Write Lab. We may change these terms and conditions at any time without advance notice. Read Write Lab reserves the right to alter these terms and conditions without providing notice to the Client. The continued use of our Services after any change means the Client has accepted the changed terms and conditions.

​

Disclaimer

The information contained in this document (“Information”) has been prepared for general information and it is not intended that the Information be relied on. Read Write Lab does not give any warranty as to the accuracy, reliability, or completeness of the Information and accepts no responsibility for updating or correcting any part of the Information.

Read Write Lab and its employees, contractors and consultants do not accept any liability (whether arising in contract, or tort, or negligence or otherwise) for any error, omission or misrepresentation in relation to the Information or for any loss, damage, cost or expense (whether direct, indirect, consequential or otherwise) incurred by any person whatsoever arising out of or referable to the Information in this document.

By agreeing to use and pay for the Services provided by Read Write Lab, you agree to these terms and conditions of service. If the Client breaches the terms and conditions in any way, the Client’s service will be immediately terminated.

We do not warrant that any information, advice and material obtained while providing the Services will be accurate, complete, reliable, current, useful or error-free.  To the extent permissible at law, the Services are provided on an “as is” and “as available” basis, without warranties of any kind other than those prescribed under the Australian Consumer Law or other applicable law.  
 

Read Write Lab does not exercise any control over all of the content of the Services.  To the extent permissible at law, opinions, advice, representations and other information or content expressed or made available in the course of providing the Services, are provided by their respective authors/makers’ authors and not Read Write Lab, or its staff.

Read Write Lab does not make any representations or warranties that the Website, and/or Client access to the Services will be uninterrupted or always available.  Read Write Lab does not guarantee that any given appointment or other planned activity will always be available or performed as scheduled.
 

Read Write Lab does not provide, nor do we accept any responsibility or liability for a Client’s devices nor any other costs associated with their use of the Services, nor for the safety or security of any personal belongings used by the Client.
 

You accept that information or advice found or made available through the Services is general information, is not in the nature of advice and is not guaranteed to be error-free.  Independent enquiries should be made before relying on anything said or done in the course of the provision of the Services.
 

The Service is not intended to replace regular class attendance or each student’s own taking or generating of notes.  The Service is intended to be used in conjunction with and not as a substitute for a student’s own study notes and directions from their regular teachers.  The Client is responsible for maintaining classroom attendance and good study habits and following the necessary syllabus.
 

Read Write Lab does not represent or warrant that using the Services will lead to any particular study outcome or academic result and does not warrant that the Services can be relied upon.
 

Where legislation (including the Australian Consumer Law) implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability and the remedies available to you will be limited to the extent permissible at law. 
 

To the extent permissible at law, under no circumstances will Read Write Lab be liable to you for any indirect, incidental, special and/or consequential loss or damage (including loss of profits, revenue, production, goodwill, data or opportunity including educational opportunity) of any nature arising through or as a result of your use of the Services or materials purchased or obtained through it.
 

Copyright, Trademarks & Intellectual Property

Copyright in all information and other materials used on Our Website or in connection with our Services are owned by Read Write Lab. All rights are reserved. Clients may access materials on Our Websites during the term of their enrolment. Copyright in materials provided through the Services is either owned by Read Write Lab or licensed (whether explicitly or implicitly to us).

​

Except as permitted under applicable laws, no part of our Services may be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purpose without the express written consent of Read Write Lab. You may imprint, copy, download or temporarily store extracts from our Services for your personal information or when you use Read Write Lab products and Services. You must not alter anything. In particular you may not use a part of Our Website, or link any other website to Our Website, without the express written consent of Read Write Lab.

​

Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation throughout the world, and except as expressly authorised under such legislation by this Agreement, with Read Write Lab’s prior written permission or where you are the owner of copyright in the materials in question, you may not in any form or by any means reproduce, copy, adapt, translate, store, distribute, re-distribute, purport to sub-license, on-sell, print, display in public, perform, communicate to the public or create derivative works from the materials Read Write Lab provides or make available in the course of providing the Service, or any substantial part thereof.  Such materials are licensed to the Client for personal, private, non-commercial use only.

Any resources given to the Client by Read Write Lab should not be shared with other students who do not attend lessons with Read Write Lab. Instead, they should be kept to the benefit of the Client. Any logo or brand of Read White Lab may not be used by you without Read Write Lab prior written consent.

Services & Information

By agreeing to accept the Services provided by Read Write Lab, whether that be weekly classes or the subscription-marking service, the Client understands that our teachers are trained to help them excel in learning to read and write to the best of their ability. All students have access to our resources as advertised and are also able to contact their teacher at any time. Read Write Lab performs our Services in a manner to respect student confidentiality. We voluntarily follow the Code of Conduct as set out by the Australian Tutoring Association that obliges us to use our resources for the best educational outcomes for students, use our teaching and learning practices to enhance out student’s self-esteem and confidence to learn and use our skills to the best of our ability to teach students so that they improve in the subjects in which they receive tuition. Our service lasts for a minimum of 10 weeks during school terms and is not offered during holidays unless a holiday session is offered and purchased. Students are encouraged to re-enrol but will have to confirm with the teacher to proceed with payments into the following school term.  

Upon enrolment and at other times during the course of providing the Services, we may collect information, including the student’s names, address, dates of birth, email addresses, phone numbers and other relevant details. We may ask to be kept updated on your academic performance.

​

You agree to provide accurate and complete information and to keep this information updated when interacting with us. You declare that the information provided to us for the purposes of enrolment and seeking and continuing enrolment will be complete and accurate.

​

Fees

Entitlement to enrolment and our Services is conditional on us receiving the applicable Enrolment form and any other necessary initial forms. The applicable Fees are indicated and updated from time to time on Our Website. Except as set out in this Agreement, Fees are payable on the basis that the student is enrolled for and required to pay in respect of the duration of the school term but we allow the payment to be made in instalments in advance on a weekly basis if a subscription is taken place (at our discretion) or you are an NDIS participant. The fees will be calculated at a rate agreed in advance between Read Write Lab and the Client based on the price list provided by Read Write Lab.

Fees are charged and payable in Australian dollars (AUD), Fees are exclusive of and do not include any Goods and Services Tax (“GST”) that may be payable in relation to the provision of the Service unless otherwise stated and in the event that GST is payable you must pay to us an additional amount equal to the amount of any GST payable by the supplier of the Services.

​

Payment

The billing process will be under the control of Read Write Lab. The Client will pay for each session in full at the time of booking and/or upfront termly payments by method of electronic payment and/or direct debit.
 

Cancellation Policy

The Client may always cancel a session more than forty-eight (48) hours in advance of the designated start time (“early cancellation”). This is done by emailing admin@readwritelab.com.au and letting them know in writing. Early cancellations made more than forty-eight hours in advance will incur no penalty and will result in a rescheduled lesson within the same week or soonest available time. If the Client chooses not to attend the rescheduled lesson times provided by Read Write Lab, then no refund for the canceled lesson will be provided. If no rescheduled lesson can be offered by Read Write Lab, a refund for the canceled lesson will be provided.

​

Cancellations made less than forty-eight hours in advance of the designated start time will be considered “late cancellations” and will be charged as normal. Clients enrolled in lessons are able to reschedule if there is availability in the same week.

​

If a teacher needs to cancel a lesson, Read Write Lab will provide a make-up lesson at no charge to the Client. If the Client is unable to attend the make-up lesson or if Read Write Lab needs to cancel a session, a full refund for that class will be issued to the Client.

​

In the event the Client wishes to terminate their service, they must provide 14 days’ written notice Read Write Lab. If you have paid upfront for the Services, Read Write Lab shall issue a refund for any unused lessons remaining after the two (2) weeks notice period.

​

Late Arrival & No-Show Policy

There will be no rescheduling or discount allotted for late arrival. For one-on-one sessions, if the Client shows up to the session late but within fifteen (15) minutes of the designated start time, the session will be held for the remainder of the time reserved. A Client is considered a “no-show” if they fail to show up to the session within fifteen (15) minutes of the designated start time. If the Client is over fifteen (15) minutes late, the session will be canceled (late cancellation). If the Client arrives late for group sessions, the sessions will be held for the remainder of the time reserved, with no additional time or reimbursement offered.

​

Refund Policy

Read Write Lab reserves the right to refuse a refund for any completed session. In the case where the package is partially completed, the balance can be refunded on a case-by-case scenario.

​

Except as set out under this Agreement or where required at law, including under the Australian Consumer Law, all Fees are non-refundable.  Without limitation, this includes where attendance as a result of the use of the Service is prevented by circumstances such as student illness or any other factors affecting the student’s attendance or use of the Service, whether foreseen or unforeseen.

​

Student Conduct & Behaviour

In the course of attending lessons or otherwise using the Services, students must not:

• Do anything that is disruptive or damaging to others or the Read Write Lab premises, environment and personnel. This includes refusing requests that mobile phones and other similar devices be turned off or kept on silent mode during classes;

• Say or represent anything that is defamatory of another student or any other person or do or say anything that is racist, homophobic, misogynistic, abusive, hateful, threatening, hostile, intimidating, bullying, harassing or constitutes an invasion of privacy;

• Incite hatred or discrimination against any person or group of persons;

• Engage in conduct that is misleading, false, deceptive, insulting, derogatory or

• Infringe any third party’s intellectual property rights (including copyright) or breach confidentiality;

• Do or say anything that is vulgar, obscene or profane, is inflammatory or contains expletives;

• Do anything that involves use of a photograph or other likeness, or personal or private information of another person without their consent;

• Do or say anything that involves impersonating another person (especially but not only teaching staff or our staff) or misrepresents your relationship with any person;

• Bring or permit third parties who are not enrolled into our Services for the purpose of using the Service; or promote or encourage unlawful conduct or activities.

 

If Read Write Lab becomes aware of any student conduct that breaches the terms of this Agreement, we may terminate this Agreement, and/or terminate or suspend the student’s enrolment or other access to classes and Services.  In addition, we may also seek any other remedies available at law.  We may also disclose a student’s identity (and if appropriate your identity as the student’s parent or guardian) and related information in the event that we receive a complaint (for example, from another student or their parent/guardian), if legal action is threatened or commenced against us and/ or in respect of the student’s conduct and activity. We have the right to escort and remove the student from our Services for inappropriate behaviour.

​

The Agreement may be terminated by us on written notice to you if there is a breach of these terms and conditions and we have provided you with 7 days’ written notice to remedy that breach and you have not remedied the breach, or immediately if the breach is incapable of remedy. No refunds are available in the event of termination for the student’s breach.

​

Special Offers & Rewards

Occasionally, Read Write Lab may provide special promotional offers such as a free pass or ‘bring a friend’ promotions. Each such offer will have and be subject to its own terms and conditions, but if you sign-up to a special promotion you also agree to be bound by these terms and conditions.

​

Read Write Lab may also provide incentive schemes designed to reward you for introducing or referring others who take up enrolment.  Where you have referred such students to us by providing their details to us, we may provide you with rewards such as vouchers or other benefits subject to that student enrolling to the Services offered by Read Write Lab.

​

Non-Solicitation

The Client agrees that he/she will not solicit any teachers of Read Write Lab to work for his/her own or any other personal or business ventures. The Client agrees that during the period of contract and for a period of one (1) year immediately after termination of this Agreement with Read Write Lab, the Client will not, either directly or indirectly for himself/herself or for any other person, family or business, call upon, solicit, divert, or take away, or attempt to solicit, divert or take away any of the teachers, tutors, business, or partners of Read Write Lab with whom the Client has become acquainted during or after the Client’s contract with Read Write Lab.

​

Limitation of Liability & Indemnity

In no event will Read Write Lab be liable for any direct or indirect damages arising out of access to or use of its Services beyond its Fees received from the Client. As a condition of use of this service, Client agrees to indemnify Read Write Lab from and against any and all liabilities, expenses (including legal fees) and damages arising out of or related to the carrying out of the Services by a Teacher introduced by Read Write Lab.

​

You agree to fully indemnify and hold Read Write Lab (and our employees) harmless against any expenses, costs, loss or damage (including consequential loss) that Read Write Lab may suffer or incur as a result of or in connection with your or the student’s use of the Services and any breach by the Clients of the terms and conditions herein.

Authority to Enter Agreement

​

You warrant that you agree to all terms and conditions have full authority and entitlement to enter into this Agreement as either a student (of 18 years or over) or the legal parent or guardian of a student to whom the classes and Services will be provided.

​

In the event of the latter, the legal parent or gardian agree to all terms and conditions and personally guarantees the performance of all of the obligations of the Student under this Agreement.  You agree and acknowledge that in the event that Read Write Lab suffers loss or damage as a result of a student being a minor we reserve the right to take legal action and seek recompense from you as the student’s parent or legal guardian of that minor.

​

No Warranties

Read Write Lab makes no promises or warranties with regards to a Client’s performance as a result of any tutoring provided. While Read Write Lab and its teachers and tutors will prepare the Client academically to the best of their ability, they are not liable, nor do they accept any responsibility for their performance within any learning task.

​

Entire Agreement

This Agreement sets forth the entire agreement and understanding between the parties relating to the subject matter herein and supersedes all prior discussions between the parties. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing signed by the party to be charged.

​

Severability

If one or more of the provisions in this Agreement are deemed void by law, then the remaining provisions will continue in full force and effect.

​

Additional Acknowledgements

Both parties acknowledge and agree that: (a) the parties are executing this Agreement voluntarily and without any duress or undue influence; (b) the parties have carefully read this Agreement and have asked any questions needed to understand the terms, consequences, and binding effect of this Agreement and fully understand them; and (c) the parties have sought the advice of an attorney of their respective choice if so desired prior to signing this Agreement.

​

Governing Law

This Agreement is governed by the laws in force in Queensland, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Queensland, Australia and their Courts of Appeal.

​

Ethics Code

Read Write Lab will conduct their business honestly and ethically wherever we operate. We will constantly improve the quality of our Services and operations and will create a reputation for honesty, fairness, respect, responsibility, integrity, and trust.

We ask teachers and tutors to:

• Avoid representing Read Write Lab in any transaction with others with whom there is any outside business relationship;

• Avoid using our contacts to advance their private business or personal interests at the expense of Read Write Lab, its clients or affiliates;

• Give no bribes or other similar remuneration or consideration to any person to attract or influence business activity;

• Avoid gifts, gratuities, fees, bonuses or excessive entertainment, in order to attract or influence business activity;

• Report all information accurately and honestly, and as otherwise required by applicable reporting requirements;

• Seek to avoid exaggerating or disparaging comparisons of the Services and competence of their competitors;

• Obey all Equal Employment Opportunity laws and act with respect and responsibility towards others in all of their dealings; and

• Agree to disclose unethical, dishonest, fraudulent and illegal behaviour, or the violation of our policies and procedures, directly to management.

• ​

Violation of this Code of Ethics can result in discipline, including possible termination or suspension of contractor agreements.

Read Write Lab absolutely prohibits the use of alcohol or non-prescribed drugs while on any Read Write Lab or premises, or while in the home of a Client. It also prohibits non-workplace drug and alcohol abuse. The use, sale or possession of alcohol or non-prescription drugs while on the job, on any Read Write Lab or premises, or in the home of a Client will result in immediate termination of the Teacher,. If any clause of these terms and conditions is held to be legally invalid or unenforceable, the invalid or unenforceable wording shall be deemed to be omitted.

Read Write Lab absolutely prohibits any acts of sexual harassment towards a Read Write Lab‘s student, including grooming and sexual relations, whether outside or on the teaching/tutoring premises.
 
Child protection is a matter that should be central to the training, awareness and understanding of all teachers and tutors. Amongst other things, teachers and tutors should apply the following standards outlined in the child protection policies. You can see more info here on child protection policies on the ATA site: https://ata.edu.au/resources/child-protection/

Hannah White trading as Read Write Lab A.B.N. 93 733 464 261 (“Read Write Lab”)

38 Warner Street, Fortitude Valley, QLD 4006
E : admin@readwritelab.com.au
M : +61 414 236 575