TRANSCEND LEARNING TERMS, SERVICES, FEES & KEY POLICIES

1. Definitions

In these Terms:

ACL means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) and its associated Regulations as amended;

Agreement means any agreement between Us and You for the provision of Services; consumer is as defined in the ACL, and in determining if You or a recipient of Services is a consumer, the relevant determination is made if You or the recipient of Services is a consumer under the Agreement;

Casual Booking means an ad hoc Session that does not form part of a full Learning Term;

Due Date means the date for payment stated on an Invoice;

Fees means the Fees described in the Services Offering;

Extras means any additional work provided by Us in addition to the Services, including extra time in a Session, drop-offs or pick-ups, and additional support;

Force Majeure Event means an event beyond the reasonable control of a party to an Agreement including, without limitation, accident, act of God, act or threat of terrorism or war, breakdown, epidemic, fire, flood, industrial dispute, lockout, pandemic or strike;

GST means the Goods and Services Tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) and its associated Regulations as amended;

Hazards means physical risks to children including but not limited to appliances, furniture, ladders, house fixtures (including kitchen benches, cabinetry and sharp corners), shelves, stairs, toys, wet, slippery or uneven surfaces, indoor and outdoor physical activities (including fast-paced running games), outdoor play equipment, climbing structures (including monkey bars), and trampolines;

Intellectual Property means all Intellectual Property Rights and all derivations, discoveries, improvements and modifications in or related to the Materials or the Website;

Intellectual Property Rights means all intellectual property rights, whether registrable or not, including but not limited to copyright, designs, patents and trademarks;

Invoice means Our tax invoice to You;

Learning Term means the period in which the Services are provided in Sessions, aligning with full public-school terms except where otherwise expressly indicated to the contrary;

Learning Resources means any proprietary educational materials, printed packs, worksheets, digital toolkits, phonics or spelling resources, and activities developed, produced, or supplied by Us to You;

Make-up Lesson means a Session undertaken to make up for a scheduled Session that has been or will be missed;

Materials means any materials, products and programs developed by Us and used in the provision of the Services, including but not limited to Our 2Q9 method, 2Q9 strategy, 9548 strategy, The Guarantee strategy and such further materials, products and programs as may be developed and incorporated into the delivery of the Services from time to time;

Non-Term Commitment Booking means any and all of a Casual Booking, an Extra, a Makeup Lesson, a Parent Information Session, a Parent-Tutor Learning Summary Interview, a Partnership Program, a Teacher Consultation Session, or the purchase of Learning Resources;

Our, Transcend Learning, Us and We means Lisa Joan Morony trading as Transcend Learning (ABN 16 651 477 394), including any agent, employee or subcontractor;

Parent Information Session means Services described as such in the Services Offering;

Partnership Program means Services described as such in the Services Offering;

Price means the price for the Services, as set out in the Services Offering as updated from time to time or otherwise communicated to You prior to entering into an Agreement for provision of Services;

Property means any personal or real property belonging to Us or for which We are responsible, located at a Site;

Risks means risks of injury, including but not limited to road accident, collision, impact or Vehicle malfunction;

Session means a session during which We provide Services;

Service Fee means the Service Fee described in the Services Offering;

Services means the educational and consulting services We provide or supply to You, as described in the Services Offering or as otherwise communicated to You;

Services Offering means the description of Our range of Services and Prices provided with these Terms, or as made available to You before entering into an Agreement;

Site means any location owned or operated by, or licensed to, us at which We provide the Services;

Teacher Consultation Session means Services described as such in the Services Offering;

Terms means these Terms and Conditions of Trade;

Vehicle means a vehicle operated by Us, which we are using for the purpose of collecting from or dropping off at school or another agreed location, or other transportation as requested of Us;

Website means any website owned and operated by Us, on which these Terms are displayed; and

You and Yours means the person, jointly and severally, acquiring the Services from Us (or, the guardian or parent of a student to whom the Services are provided, as context may require).

2. Basis of Agreement

2.1. Unless We otherwise advise or agree in writing, these Terms apply exclusively to every Agreement and cannot be varied or replaced by any other terms.

2.2. You are deemed to have accepted these Terms if You:

(a) sign these Terms; or

(b) click where indicated on the Website to indicate Your acceptance of these Terms; or

(c) having been provided with access to or a copy of these Terms, ask or request us to provide Services.

2.3. An Agreement is made when We expressly accept a request from You for Us to provide the Services.

2.4. We may refuse to accept any request from You.

2.5. We may amend or vary these Terms by written notice to You, and any such amendments or variations will apply to any Agreements made after the date of such notice.

3. Pricing

3.1. You acknowledge and agree that:

(a) unless otherwise agreed in writing by Us; or

(b) except in the case of a Non-Term Booking; the following applies:

(c) the Price represents the amount payable for Services for an entire Learning Term;

(d) the Services are not divisible or otherwise available on any basis other than for an entire Learning Term;

(e) by entering into an Agreement, you are agreeing to accept the Services for an entire Learning Term; and

(f) by entering into an Agreement, you are agreeing to be charged for an entire Learning Term.

3.2. Unless otherwise expressly indicated, Prices for the supply of Services exclude GST and any other taxes or duties imposed on or in relation to the Services.

3.3. If You request any variation to the Agreement, We may give notice of Our intention to vary the Price to account for the requested variation, and in response You may:

(g) accept the varied price; or

(h) withdraw Your requested variation.

4. Payment

4.1. Unless otherwise agreed by Us in writing:

(a) we will send You an Invoice for the Services, together with any applicable Extras and Fees; and

(b) You must make monthly direct debit payments for the Services in full by the Due Date via our direct debit system with Tutorbird and Stripe.

4.2. Payment must be made by way of monthly direct debit payments via our direct debit process through Our Tutorbird online software management system and Stripe.

4.3. You must pay additional Stripe transaction fees, which will occur each month when direct debiting. This amount will go directly to Stripe.

4.4 Any extra charges/additional fees will be added to Your account and deducted each month.

4.5. By signing up to Our TutorBird parent portal, creating Your family account, adding in Your card details to Tutorbird and having received and/or or having access to a copy of our terms and conditions PDF, including information of Our extra charges/additional fees, Our Service Fee breakdown and by engaging in our services: You are agreeing for Us activate the auto pay function on Your parent portal and for Us conduct Our monthly direct debit deductions from Your nominated account.

4.6. The time for payment is of the essence.

5. Payment default

5.1. If You default in payment by the Due Date of any amount payable to Us, then We may, without prejudice to any of Our other accrued or contingent rights:

(a) charge You interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 (Vic) plus 4% for the period from the due date until the date of payment in full;

(b) charge You for, and You must pay us upon provision of evidence of the same, all reasonable costs and expenses (including legal costs and expenses) reasonably incurred by Us resulting from the default or in taking action to enforce compliance with the Agreement; and

(c) cease or suspend supply of any further Services to You, or terminate any uncompleted Agreement.

6. Intellectual property & Learning Resources

6.1. You acknowledge and agree:

(a) You have no proprietary right or interest in any of the Intellectual Property;

(b) You must not record or register, or attempt to record or register, anywhere in the world, the Intellectual Property or any part of it, or assist anyone to do so;

(c) You must not at any time create, manufacture or sell any materials identical to or similar to the Materials, or anything else, that uses or takes advantage of the Intellectual Property;

(d) any derivation or discovery from, or improvement or modification to, any part of the information comprised in the Intellectual Property, whether attributable in part or in whole to You, will become and remain Our property;

(e) You hereby assign to Us any Intellectual Property Rights that You may acquire arising from derivation or discovery from, or improvement or modification to, any of the Intellectual Property; and

(f) immediately upon request from Us, You must destroy or return any and all of the Intellectual Property in Your possession or control, and must ensure that any other person to which the Intellectual Property has been provided destroys or returns such Intellectual Property.

(g) You must not copy, reproduce, scan, digitally distribute, modify, publish, or share any Learning Resources or Materials with third parties, schools, or commercial entities without Our prior written consent.

(h) Once Learning Resources or digital materials have been delivered, accessed, or dispatched, payments made for those resources are non-refundable.

(i) All Learning Resources and Materials supplied to You or the student are provided under a non-exclusive, non-transferable, personal-use licence solely for the educational benefit of the enrolled student.

7. Acknowledgements and release

7.1. You acknowledge and agree that:

(a) We will provide the Services with due care and skill, but do not guarantee, make representations as to, or warrant, achievement of any improvement or specific development or learning outcomes;

(b) We will take reasonable steps to mitigate Hazards, but Hazards are likely to be present at the Site, and You consent to provision of the Services at the Site notwithstanding such Hazards; and

(c) We will take reasonable steps to avoid or manage Risks, but Risks are possible when We are driving or otherwise using a Vehicle, and You consent to provision of the Services using the Vehicle notwithstanding such Risks.

7.2. To the maximum extent permitted at law, You release Us from any and all liability arising from or related to any damage, injury or loss arising from interaction with any Hazard, and any Risk, except to the extent such damage, injury or loss is caused by Our wilful conduct or gross negligence.

7.3. You agree You are liable for, and must pay to Us on demand an amount equal to, the value of any damage to or loss of Property to the extent such damage or loss is caused by You or a person receiving the Services at Your request.

8. Sessions

8.1. The parties must use best endeavours to ensure a Session can start on time, including but not limited to:

(a) in the case of a face to face Session, arriving prior to the start of the Session; and

(b) in the case of a Zoom Session, ensuring the party is logged on and ready to commence on time.

(c) in the case of a Session conducted by any other format, ensuring the party is logged on and ready to commence on time.

8.2. You acknowledge and agree:

(d) time is of the essence with respect to the starting time of a Session; and

(e) a Session that starts late will finish at its scheduled time,and will not be extended unless We are responsible for the late start to the Session.

(f) where a student is running late to a Session:

(i) If the student has not arrived and You have not notified Us prior to the Session start time, a courtesy message will be sent between 2 and 5 minutes after the scheduled start time, and a Courtesy Message Fee will be incurred 5 minutes after the scheduled start time. If the student has not arrived and We have not received contact from You within 10 minutes of the scheduled start time, the Session is immediately forfeited as a No-Show (remaining chargeable in full, plus applicable Courtesy Message and No-Show Fees), and the tutor is under no obligation to remain available or wait at the Site or on Zoom.

(ii) Where You have contacted Us within 10 minutes of the scheduled start time to advise that the student is running late, and/or where a student arrives 10 or more minutes after the scheduled start time and the tutor (at their sole discretion) remains available to conduct the remainder of the Session, the Late Arrival Fee (plus the Courtesy Message Fee) will apply.

(g) Due to tutor scheduling and waitlist commitments, unscheduled ‘free of charge’ telephone calls to discuss student progress or provide verbal learning summaries cannot be accommodated.

(h) Any dedicated discussion regarding student progress must be booked in advance as a Parent-Tutor Learning Summary Interview (or substituted using an eligible Make-up Session credit pursuant to clause 13.5).

(i) Any ad-hoc parent liaison, phone catch-ups, or consultations requested outside of a scheduled Session or formal interview will be treated as an Extra and billed at the rate of $22.00 per 10-minute block (or part thereof).

9. Termination

9.1. The parties may terminate an Agreement by agreement on such terms as they may agree in writing.

9.2. A party (Non-Defaulting Party) may terminate an Agreement immediately by giving notice to the other party (Defaulting Party) if the Defaulting Party;

(a) commits a breach of these Terms and fails to remedy such breach within 7 days of notice from the Non-Defaulting Party to so remedy; or

(b) subject to any applicable statutory stay of proceedings, becomes bankrupt or enters into a scheme of arrangement or any assignment or composition with or for the benefit of its creditors or any class of creditors.

9.3. Termination of an Agreement does not relieve a party of liability to the other party that accrued prior to termination.

10. Liability

10.1. Except as the Terms specifically state, the Agreement does not include by implication any other term, condition or warranty in respect of the design, description, fitness for purpose, likely success or quality of the Services or any contractual remedy for their failure.

10.2. If You are a consumer nothing in these Terms limits, modifies or restricts Your rights or remedies against Us for failure of a statutory guarantee under the ACL.

10.3. If clause 10.2 does not apply then, other than as stated in the Terms, and to the maximum extent permitted at law, We are not liable to You in any way arising under or in connection with the use of the Services by You or any third party.

10.4. We are not liable for any indirect or consequential losses or expenses suffered by You or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, except to the extent of any liability imposed by the ACL.

10.5. Nothing in these Terms is to be interpreted as excluding, modifying or restricting or having the effect of excluding, modifying or restricting the application of any Federal or State legislation applicable to the sale or supply of services which cannot be excluded, modified or restricted.

11. Enrolment Policy

11.1. You acknowledge and agree that the nature of the Services is such that We must plan and make commitments prior to the commencement of each Learning Term and each Session to ensure We can deliver the Services as intended.

11.2. You acknowledge and agree:

(a) You must make a service fee payment once a term per child if your child/ren attend weekly or fortnightly Sessions.

(b) You are locked in for the Learning Term if your child/ren attend weekly or fortnightly Sessions and You are entitled to 2 non fee make-up sessions per child, per term including any cancellation that results from a general illness or a future absence related to snow trips, camps, curriculum days, incursions, excursions, school events, family holidays and events of a similar nature; and

(c) You must follow Our Terms and Conditions and Our enrolment policy when engaging in our services.

12. Future Absences Policy

12.1. You acknowledge and agree that the nature of the Services is such that We must plan and make commitments prior to the commencement of each Learning Term and each Session to ensure We can deliver the Services as intended.

12.2. You acknowledge and agree:

(a) You are locked in for the Learning Term if your child/ren attend weekly or fortnightly Sessions and You are entitled to 2 non fee make-up sessions per child, per term, including any cancellation that results from a general illness and/or a future absence related to snow trips, camps, curriculum days, incursions, excursions, school events, family holidays and events of a similar nature; and

(b) You must follow Our Terms and Conditions and Our future absences policy when engaging in our services.

12.3. You acknowledge and agree:

(a) that We offer three options via our Future Absences Policy, upon deciding whether to continue on with our services for the following term:

(i) no longer continuing on; return to Our waitlist if wanting to return for the future; or

(ii) absent for the whole term and pay a holding fee to secure your original Session day/time for the following term; or

(iii) absent for half a term and pay a holding fee to resume original Session day/time upon return.

12. 4. Where:

(a) the three offers under clause 12.3 (a) are not accepted by You; and

(b) You have already engaged in our services as the Learning Term has commenced; and

(c) You exceed Your future absence requests past Your entitlement to 2 non fee make-up sessions per child, per term, including any cancellation that results from a general illness; then

(d) other higher rate Administration Fees may apply

12.5. You acknowledge and agree:

(a) You must provide us with at least 2 weeks’ Notice in writing prior to the end of the Learning Term you are currently receiving services for, if You wish to pause some or all of your weekly/fortnightly Sessions for the following Learning Term, yet secure and resume Your original session day/times in the subsequent Learning Term;

(b) You must provide us with at least 2 weeks’ Notice prior to the start of a ‘New Year Learning Term’ if You wish to pause some or all of your weekly/fortnightly Sessions for the up and coming Learning Term, yet secure and resume Your original session day/times in the subsequent Learning Term;

(c) a request to pause some or all of your weekly/fortnightly Sessions for following Learning Term, yet secure and resume Your original session day/times in the subsequent Learning Term will result in You being charged a Holding Fee to secure your position for the following term; and

(d) the Fee/s You are to be charged with (correlating with your request) are to be matched with the appropriate Fee description in the Services Offering; and

(e) if the Learning Term has already commenced and the amount of cancellations/future absences scheduled by You within a term exceeds Your entitlement to 2 non fee make-up sessions per child, per term including any cancellation that results from a general illness;

(f) it will be treated the same as if the Future Absences scheduled by You, equate to either a Half Term’s worth of absences or a Whole Term’s worth of Absences; and

(g) You may also incur a ‘higher rate’ of administration Fees on top of the fees listed in 12.3. (c, d, e) as a result of extra labour costs performed by Us in order to fulfil your rescheduling requests; and

(h) all Fees can be referenced in the Fee description in the Services Offering.

13. Cancellation/Make-Up Session Policy

13.1. You acknowledge and agree that the nature of the Services is such that We must plan and make commitments prior to the commencement of each Learning Term and each Session to ensure We can deliver the Services as intended.

13.2. You acknowledge and agree:

(a) You must provide us with 2 weeks’ Notice in writing to exit your term commitment during the Learning Term you are currently receiving services for.

(b) You must provide us with 2 weeks’ Notice in writing prior to the end of the Learning Term you are currently receiving services if You do not wish to continue to receive Services for the following Learning Term;

(c) You must provide us with 2 weeks’ Notice prior to the start of a ‘New Year Learning Term’ if You do not wish to continue to receive Services for the up-and-coming Learning Term;

(d) if You do not provide Us with Notice referred to in clause 13.2(a, b, c ), We will reasonably assume You wish to receive Services for the following Learning Term; and

(e) if You do not provide Us with Notice referred to in clause 13.2(a, b, c), and You later notify Us You do not wish to receive Services for the following Learning Term, we may charge You the Exit Fee.

13.3. You acknowledge and agree:

(a) You must follow Our Terms and Conditions and Our cancellation/make-up session policy when engaging in our services.

(b) You are entitled to 2 non-fee make-up sessions per child, per term, including any cancellation that results from a general illness.

(c) You must provide Us with at least 24 hours’ notice for cancellation and rescheduling of any Session;

(d) You must provide us with at least 2 weeks’ notice for any future absences related to snow trips, camps, curriculum days, incursions, excursions, school events, family holidays and events of a similar nature;

(e) notice of this kind is fair and reasonable, so that we can accommodate people on our waiting list;

(f) a request for cancellation and rescheduling made less than 24 hours before a Session will be treated the same as if the Session was missed (Missed Session);

(g) a request for cancellation and rescheduling made less than 2 weeks before a Session for any future absences related to snow trips, camps, curriculum days, excursions and family holidays, school events and events of a similar nature; will be treated the same as if the Session was missed (Missed Session);

(h) We may ‘suspend’ the opportunity to be eligible for make-up sessions during the month of August during the snow season;

(i) You are liable to Us / are not entitled to a refund (as applicable) for the cost of any Missed Session, unless:

(i) We have caused the Missed Session; or

(ii) there are extenuating circumstances such as emergency or unforeseen illness.

13. 4. Where:

(a) notice is provided under clause 13.3(a, b, c, d, e, f, g); or

(b) a Makeup Lesson is available by reason of the matters set out in clauses 13.3(h)(i) or 13.3(h)(ii): and a Makeup Lesson is sought, We offer at no extra cost:

(a) a full Makeup Lesson conducted by Zoom, at a time convenient for all parties; or

(b) a full Makeup Lesson face to face on a weekday or weekend, at a time convenient for all parties; or

(c) addition of extra time to future scheduled Sessions to make up missed time.

13. 5. Where:

(e) notice is provided under clause 11.3 (a, b, c, d, e, f , g); or

(f) a Makeup Lesson is available by reason of the matters set out in clauses 11.3(h)(i) or 11.3(h)(ii): and a Makeup Lesson is not sought, We offer the following Services for 40/60 minutes in place of the original Session, at their respective Prices: an Assessment / Goals Pack; or a Parent Information Session; or a Teacher Consultation Session; or extended email correspondence; or homework compilation; or administration tasks related to that child or compiling of a report or any combination of these Services.

(g) Where billable correspondence or administrative Extras have accrued under the Services Offering, accumulated charges reaching $88.00 will automatically be offset against one (1) available Make-up Session credit per child in satisfaction of those fees.

13.6. Notwithstanding anything to the contrary in these Terms, and to the maximum extent permitted at law, You acknowledge and agree:

(a) Makeup Lessons are strictly subject to availability;

(b) Makeup Lessons are only valid for redemption in the same Learning Term as the original Session, cannot be held on a public or school holiday, and not rolled over into the following term; and

(c) if, despite the parties’ best endeavours, a Makeup Lesson cannot be arranged, the Makeup Lesson is deemed to be forfeited.

13.7 Parent Portal Booking Requirement: To be eligible for a makeup session, parents or carers must log into the designated parent portal and submit their request through the system provided. While staff may occasionally assist with manual booking upon request (such as via text message) as a courtesy, Transcend Learning accepts zero liability for any missed sessions, forfeited makeups, or booking delays resulting from manual requests or failure to use the portal.

14. Force Majeure

14.1. Subject to clause 14.2, neither party to an Agreement is liable to the other party to the Agreement in any way howsoever arising under the Agreement to the extent it is prevented from acting by reason of a Force Majeure Event.

14.2. Nothing in this clause 14 operates to excuse You from any obligation to pay money to Us.

14.3. If a party to an Agreement is prevented from acting by reason of a Force Majeure Event, that party must:

(a) promptly notify the other party in writing of the existence and expected duration of the Force Majeure Event;

(b) take all reasonable steps to alleviate or remedy the effect of the Force Majeure Event; and

(c) subject to clause 14.4, resume performance of any obligation prevented by the Force Majeure Event as soon as practicable after it ceases.

14.4. If a Force Majeure Event prevents performance of an obligation beyond 60 days, either party to an Agreement may suspend or terminate the Agreement by written notice to the other party.

15. Website

15.1. We do not guarantee, warrant or make any representation:

(a) as to accuracy, adequacy, completeness, currency or reliability of any information available on the Website (Information).

(b) that the Information is free from human or mechanical error, defect, technical inaccuracies or typographical errors; and

(c) that the Website is free from any virus or other defect, or that your use of the Website or the Information or other material on it will not cause damage.

15.2. We reserve the right to:

(d) modify the Information, to change or discontinue any feature or part of the Website, and to change the hours of availability, without notice; and

(e) suspend or terminate Your access to the Website, if We reasonably consider it necessary to protect Us or our legitimate interests, or those of a third party.

15.3. To the maximum extent permitted at law, We

(f) exclude liability for any damage, injury or loss arising out of or relating to the access or use (or inability to access or use) the Information or the Website; and

(g) exclude liability for any consequential, direct, indirect or special damage or loss, including loss of business or data, business interruption or loss of profits.

15.4. You acknowledge and agree:

(h) You may from time to time be able to gain access to other websites operated by Us, Our affiliates or third parties, from the Website (Linked Websites);

(i) the Linked Sites may have different terms of use, may be subject to different laws, and unless otherwise stated are not under Our control;

(j) unless otherwise stated to the contrary, We are not a party to any transaction between You and any party made through a Linked Website; and

(k) unless otherwise stated to the contrary, We do not adopt, approve, confirm, endorse, guarantee or sponsor any material or representation made on any Linked Website.

16. Miscellaneous

16.1. The laws of the State of Victoria, Australia, from time to time govern these Terms.

16.2. The parties agree to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and of courts entitled to hear appeals from those courts.

16.3. A party’s failure to enforce any of these Terms shall not be construed as a waiver of any of that party’s rights.

16.4. If a clause is unenforceable, it must be read down to be enforceable or, if it cannot be read down, the term must be severed from the Terms, without affecting the enforceability of the remaining terms.

16.5. A notice must be in writing and handed personally or sent by email or mail to the last known address of the addressee. Notices sent by email or mail are deemed received upon sending or posting, respectively.

17. Professional Collaboration and Consultation

17.1 To support a student’s learning, development and educational needs, Transcend Learning may, where appropriate and with the consent of the student’s parent or guardian, communicate and collaborate with third parties involved in supporting the student. These parties may include, but are not limited to, classroom teachers, schools, learning support staff, psychologists, occupational therapists, speech pathologists, paediatric or medical professionals, allied-health professionals, NDIS providers and other educational or support professionals nominated by the parent or guardian.

17.2 Transcend Learning will obtain appropriate parent or guardian consent before requesting, obtaining or disclosing personal, sensitive or health information for purposes of professional collaboration, except where collection, use or disclosure is otherwise permitted or required by law. Consent may specify the professional or organisation with whom Transcend Learning is authorised to communicate, the purpose of the collaboration and, where appropriate, the type of information that may be exchanged. A parent or guardian may withdraw or vary their consent by providing written notice to Transcend Learning. Withdrawal of consent will apply to future sharing of information and will not affect information lawfully collected, used or disclosed before consent was withdrawn.

17.3 Subject to the consent provided, information exchanged may include information reasonably necessary to support the student’s learning and educational needs, including learning process, assessment results, observations, and learning behaviours, areas of strengths or difficulty, learning goals, strategies and interventions used, relevant school information, reports and recommendations provided by other professionals. Transcend Learning will seek to limit the information collected, used or disclosed to information reasonably necessary and relevant to the purpose of the collaboration.

17.4 Personal, sensitive and health information received or created through professional collaboration will be treated as confidential and handled in accordance with applicable privacy and health-records legislation and Transcend Learning’s Privacy Policy. Transcend Learning will take reasonable steps to protect such information from misuse, interference, loss and unauthorised access, modification or disclosure. Information may be stored within Transcend Learning’s approved business systems, student records and other secure storage systems. It will only be accessible to persons who reasonably require access for the provision, administration or management of the student’s services, or as otherwise permitted or required by law.

17.5 Where Transcend Learning receives reports, assessments, recommendations, correspondence, or other information from a school, allied health professional or other third party, that information will be handled in accordance with the consent under which it was provided and applicable privacy requirements. Transcend Learning will not disclose that information to another third party unless authorised by the parent or guardian, reasonably necessary and permitted by law, or otherwise required or authorised by law.

17.6 Transcend Learning may maintain reasonable records of professional collaboration, including correspondence, consultation notes, reports, recommendations and agreed strategies, as part of the student’s records. Where a consultation is recorded by audio, video, or another recording method, specific consent will be obtained before recording, and the parties will be informed of the purpose of the recording and how it will be handled.

17.7 Professional collaboration, consultation, preparation, correspondence, report review and related administration may constitute an additional Service and be charged at the applicable rate set out in Transcend Learning’s Service & Fees schedule. Where applicable, Transcend Learning will obtain the required agreement before providing a chargeable Professional Collaboration Service.

18. Medical Conditions and Allergen Environment Disclaimer

18.1 Transcend Learning operates in a shared environment and cannot guarantee an allergen-free space. You acknowledge and agree that our premises are not nut-free or egg-free.

18.2 Please be advised that nuts (including peanuts and tree nuts, such as cashews), eggs, and their respective derivatives are regularly consumed on the property by other children participating in activities. Traces of nuts and egg are definitively present on the premises.

18.3 It is the responsibility of the parent or guardian to disclose any severe allergies or dietary restrictions prior to enrolment, provide an up-to-date Anaphylaxis or Allergy Action Plan, and ensure the student is equipped with necessary emergency medication (such as an EpiPen) during their Session.

18.4 By enrolling the student and utilising our Services, You acknowledge this environmental risk and agree that Transcend Learning is not liable for any allergic reactions that may occur on the premises, except to the extent caused by Our wilful conduct or gross negligence.

19. Student Drop-Off, Collection, Early Arrivals, Late Collections, Supervision and Unattended Waiting

19.1 Safe Drop-Off: Parents or carers must physically ensure the student has safely entered the premises and been received by a tutor before departing the property.

19.2 Transcend Learning accepts zero liability for any student left unattended outside the premises due to a parent or carer departing before confirming entry. This includes instances where a student is dropped off on the wrong day, at the incorrect time, or when the premises are closed and the student is left without a means of communication.

19.3 Due to the back-to-back nature of scheduled tutoring Sessions, tutors remain inside the premises to immediately commence instruction with the next scheduled student.

19.4 At the conclusion of their Session, students are instructed to exit the front or side of the Site to be collected by their parent, authorised carer, or designated emergency contact.

19.5 Transcend Learning explicitly instructs all students that if their parent or designated collector is not visibly waiting for them outside, they must immediately return inside the premises and notify a tutor.

19.6 You acknowledge and agree that Transcend Learning does not facilitate a physical, outdoor handover of the student to the parent or carer. Transcend Learning assumes no liability for the student once they exit the building at the conclusion of their scheduled Session, provided the student has been instructed in accordance with clause 19.5.

19.7 Unattended Waiting, Early Arrivals, Late Collections & Use of Amenities: Transcend Learning is solely responsible for the student during their strictly scheduled Session time. We do not provide pre-session or post-session supervision.

19.8 If a student arrives early or is collected late, and staff permit or direct them to wait on the property and use outdoor play equipment (such as trampolines or monkey bars) while waiting for their session to commence or for their parent/carer to arrive, they do so entirely at their own risk.

19.9 In the event a student arrives early, is dropped off incorrectly, is collected late, or is instructed by their parent/carer to wait outside the premises (such as on the deck)—including instances where Transcend Learning staff may be temporarily off-site or inside teaching another student—the parent/carer assumes full, absolute responsibility for the student’s safety and wellbeing. Transcend Learning accepts zero liability for any injury, loss, or incident that occurs while a student is waiting unattended or playing on the property outside their scheduled Session time.

20. Public Holidays, Regional Events and Operating Hours

20.1 Transcend Learning’s operating schedule on public holidays, gazetted regional event days (including the Geelong Cup and Melbourne Cup), and school holiday periods is determined solely at the discretion of Management.

20.2 Unless Transcend Learning provides explicit written notice of closure, scheduled tutoring Sessions remain active, required, and payable on public holidays and local event days.

20.3 Transcend Learning reserves the right to operate Sessions on public holidays, during regional events, or during periods of owner absence by utilising suitably qualified substitute tutors or staff. The absence of the business owner does not constitute a cancellation of services.

20.4 Where Transcend Learning elects to close for specific regional holidays (such as Melbourne Cup weekend) or planned leave, families will be given advance notice, and affected Sessions will be managed in accordance with Our standard makeup and rescheduling policies.

21. Parent Portal & Lesson Calendar

21.1 Every family receives access to their secure TutorBird Parent Portal. It is the responsibility of each family to regularly check their lesson schedule and upcoming bookings.

21.2 While automated SMS reminders are sent each week, Transcend Learning cannot guarantee the delivery of these reminders and is not responsible for missed lessons.

21.3 Families must ensure they regularly check their Parent Portal for:

● Upcoming lesson times

● Make-up lesson availability

● Invoices

● Payments

● Lesson Information