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

The following terms and conditions form a binding agreement between Client and Sprout and Soar. We may change these terms and conditions at any time without advance notice. Sprout and Soar reserves the right to alter these terms and conditions. The continued use of our services after any change means the Client has accepted the changed terms and conditions.

Disclaimer

Sprout and Soar does not give any warranty as to the accuracy, reliability, or completeness of the Information in this document and accepts no responsibility for updating or correcting any part of the Information.

Sprout and Soar and it’s contractors 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 service provided by Sprout and Soar, you agree to these terms and conditions of service. If a breach of any of these terms is found, the Client’s service will be terminated.

We disclaim any warranty that any information, advice and material obtained while providing the service will be accurate, complete, reliable, current, useful or error-free. To the extent permissible at law, the Service is 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.

Sprout and Soar does not make any representations or warranties that the Website, and/or Student access to the Service and/or the Centre will be uninterrupted or always available. Sprout and Soar does not guarantee that any given appointment or other planned activity will always be available or performed as scheduled.

Sprout and Soar does not provide, nor do we accept any responsibility or liability for a Student’s devices nor any other costs associated with their use of the Service, nor for the safety or security of any personal belongings used by the Student.

Sprout and Soar does not represent or warrant that using the Service will lead to any particular study outcome or academic result and disclaim any warranty that the Service can be relied upon.

Privacy

Sprout and Soar is the sole owner of all information collected on the website. Your personal information will be kept absolutely confidential by Sprout and Soar and will not be given to any other party except as agreed by you, or if formally requested by law enforcement agencies.

Services & Information

By agreeing to accept the service provided by Sprout and Soar, the Client understands that our teachers are trained to help them excel in transitioning to school to the best of their ability.

Upon enrolment and at other times during the course of providing the Service, we may collect information, including your and the Student’s names, address, dates of birth, email addresses, phone numbers and other relevant details that we will keep confidential.

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.

Enrolment and Fees

Enrolment is conditional on us receiving the applicable Enrolment form and any other necessary initial forms. Sprout and Soar takes bookings based on a full Term enrolment program and fees are structured this way and payable upfront in full prior to the commencement of the Term. All fees must be paid at the time of enrolment. Fees are charged and payable in Australian dollars (AUD).

Payment

The billing process will be under the control of Sprout and Soar. Fees are payable by method of electronic payment and/or direct debit. You warrant that there will be sufficient funds or credit facilities to cover the order amount. We reserve the right to obtain validation of your payment details before granting use of the Service.

Free Trial

We offer one Free Trial class for new Clients to provide an opportunity to experience the program before you commit to enrolling for the term. Confirmation of a Free Trial does not guarantee enrolment in a Client preferred class or Term and all enrolments are subject to availability.

If your child is unwell and cannot make their Free Trial class, we will attempt to reschedule to another class before the trial class is scheduled to run subject to availability.

Cancellation

By enrolling in our classes, you are committing to a service contract for a complete Term. Cancellations must be advised a minimum of 24 hours in advance of the nominated date or this will be considered a class attendance.

We do not offer refunds for cancellations by Clients as a result of illness, holidays, change of mind or issues outside of our control, whether foreseen or unforeseen. In certain circumstances and at the discretion of Sprout and Soar, a credit may be issued for future classes.

If a teacher needs to cancel a lesson, another teacher will substitute for the Client’s lesson. If a substitute teacher cannot complete the lesson, Sprout and Soar will provide a make-up lesson at no charge to the Client.

Make-up class policy

If your child is unable to attend a class, Sprout and Soar will offer a maximum of 2 Makeup lessons per term. Make up lessons will not be deducted from the following term’s fees.

Program Withdrawal

2 weeks notice must be given in writing before payment withdrawal can be granted. Classes will be refunded after the 2-week notice period has been completed.

Illness Policy

Please do not bring your child to class if they are unwell or have COVID. This includes a runny nose, temperature, coughing, gastro symptoms or any other symptoms. If your child is unwell, teachers at Sprout and Soar reserve the right to refuse to accept your child in the lesson and request they be taken home. This request can be made at any point during the lesson.

Student Conduct & Behaviour

In the course of attending lessons or otherwise using the Service, Students must not do anything that is unreasonably disruptive or damaging to others or the Sprout and Soar facility, environment and personnel. If your child breaches this rule, teachers reserve the right to request that they are removed from the class. This request can be made at any point during the lesson.

If Sprout and Soar determines a student’s conduct is unreasonably disruptive or damaging to others or the facility, environment and personnel, we may terminate this Agreement and enrolment in other classes and services.

Limitation of Liability & Indemnity

In no event will Sprout and Soar be liable for any direct or indirect damages arising out of access to or use of its services beyond its service fee received from clients. As a condition of use of this service, Client agrees to indemnify Sprout and Soar from and against any and all liabilities, expenses (including legal fees) and damages arising out of or related to the carrying out of the tutoring by a Teacher introduced by Sprout and Soar. You agree to fully indemnify and hold Sprout and Soar (and our teachers) harmless against any expenses, costs, loss or damage (including consequential loss) that Sprout and Soar may suffer or incur as a result of or in connection with your or the Student’s use of the Service and any breach by you or the Student of this Agreement.

Authority to Enter Agreement

You warrant that you have full authority and entitlement to enter into this Agreement as the legal parent or guardian of a Student to whom the classes and Services will be provided.

No Warranties

Sprout and Soar makes no promises or warranties with regards to a Client’s performance as a result of any service provided. While we will prepare your child academically to the best of our ability, we are not liable, nor can we guarantee any performance increase within any learning task.

Modification & Amendments

Sprout and Soar reserves the right to amend this Agreement when necessary. Amendments will be effective immediately upon publication on the Website and will apply to all transactions occurring and agreements entered following such publication. Your continued use of the Service following such notification will represent an agreement by you to be bound by this Agreement as amended.

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.

Copyright, Trademarks & Intellectual Property

Copyright in all information and other materials used within (including information and its arrangement) are owned by Sprout and Soar. All rights are reserved. Copyright in materials provided through the Service is either owned by Sprout and Soar or licensed (whether explicitly or implicitly to us).

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

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 Sprout and Soar 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 Sprout and Soar provides or make available in the course of providing the Service, or any substantial part thereof. Such materials are licensed to you/the Student for personal, private, non-commercial use only.

Any resources given to the Client by an employee of Sprout and Soar should not be shared with other students who do not attend lessons with Sprout and Soar. Instead, they should be kept to the benefit of the Client.