Terms and conditions

This agreement sets out the Terms and Conditions (“T’s & C’s”) of your enrolment with the partnership A.C CHAN & Y.Y KIM & K.W TAN (‘EX Learning’, ‘We’, ‘Us’, ‘Our’).
 

If you are under 18 years of age, you will need one of your parents/legal guardians to enter this agreement on your behalf.  In that case, both you and your parents/legal guardians will need to ensure compliance with the T’s & C’s. Following, “you” and “your” will then refer to both you and, where applicable, your parents/legal guardians.
 

Our commitment to you:


We’ll always do our best to fulfil your needs and meet your expectations. It’s important to have things clarified so that we both know who is responsible for what, when and how.

 

We like to keep things simple. We have no desire to get you to commit to anything you really don’t want or need. We want what’s best for both of us, now and in the future.

So, in summary:

 

You have expressed the need for learning support.

 

We will:
 

  • Provide you with an online learning program which may be varied from time-to-time aimed at supporting your learning needs (“Service”) that includes:

    • the provision of a learning plan incorporating a course or program of learning

    • allocation of an EX Learning teacher/s matched to your needs

    • access to the EX Learning content and platforms designed to meet your learning objectives

    • an ongoing course or program of learning including a live online session with a teacher (“Session”)

    • setting of learning goals and the provision of feedback and reporting as part of the Session’s objectives
       

  • Maintain the confidential nature of your personal information, academic performance and use of our content and platforms, subject to your consent below.
     

  • Notify you of any changes to fees charged by EX Learning for the Service. You are under no obligation to accept such fee changes and should you elect not to accept such fee changes you may cancel your enrolment and receive a refund in respect of payments for unused sessions.
     

You will:
 

  • Need access to a computer or tablet with the latest version of an internet browser, a camera and microphone, and reasonable internet access. 
     

  • Be required to run a test on your computer as requested by EX Learning to determine suitability and internet sufficiency at relevant points in time. If any technical issues are detected, EX Learning’s Technical Support team is available to provide assistance in diagnosing and remediating those issues. This may involve connecting to your computer via a third-party application to assist in resolving the technical issue.  Any such connection will only ever occur with explicit approval from the user of the computer and will be for the purposes of providing you with access to the EX Learning contents and platform.
     

  • Be required to attend each Session on the date and time that you have booked, noting that each Session can be changed by you prior to any Session commencing, subject to the specific conditions published on our refund policies and procedures document. Failure to attend and/or not providing the required minimum cancellation notice means that the lesson is void and not subject to any monetary refunds, credits or class rescheduling.
     

  • From time to time, be assigned additional work (“Practice”) to be completed between each Session and you agree to use your best endeavours to complete this Practice as requested.
     

  • Pay for the Session and program in full and in accordance with EX Learning’s terms. Failure to do so means that EX Learning will not provide the Session or Service.   
     

  • Comply with EX Learning’s policies and procedures as updated by EX Learning from time to time. This includes you consenting to EX Learning potentially:

    • Recording and reviewing each Session for the purpose of quality assurance, internal training and to allow you to review any previous Session

    • Recording all data from Sessions and for the purpose of:

      • diagnosing your current proficiency and learning requirements

      • assessing and reporting on your academic performance and progress

      • use in educational research

    • Respect the fact that EX Learning has invested significantly in the development and curation of the learning content. This content is only to be used by you and you undertake not to provide access to this content to any third parties.
       

What happens if things don’t go according to plan?
 

We will always try to deliver our Service in accordance with good industry practice and at the standard reasonably expected from a qualified teacher using our platform and content. That said, we can’t guarantee that everything will be error-free. The very nature of the provision of online services means that EX Learning and you are dependent on hardware and software as well as stable and sufficient internet bandwidth. So, as hard as we might try, sometimes things don’t work out exactly as planned. We always put our students first and we commit to you that:
 

  • If time is lost during one of your Sessions due to the late arrival of the teacher or due to technical issues with any of the EX Learning platforms, EX Learning will compensate you for the loss of time by rescheduling a Session to another date and time that is agreed between you and the teacher to make up for such loss or provide you with a proportional refund.
     

  • EX Learning will consider any concerns that you may have about the quality of a Session. If EX Learning finds that the quality of the Session was significantly below the standard expected by EX Learning, EX Learning will fully refund you for the cost of that Session.
     

  • If a teacher cancels a Session, EX Learning will try to provide you with another teacher with similar qualifications and experience. If EX Learning is unable to provide a replacement teacher at the scheduled Session time, EX Learning will try to provide you with an alternative Session at a time that is convenient for you.
     

  • You or EX Learning may cancel your enrolment with EX Learning at any time and for any reason by providing notice in accordance with the specific cancellation notice periods as per our refund policies and procedure. In such case, you will have no further financial obligations to EX Learning and EX Learning will have no further obligations to provide Services to you.

    • To make a request for a refund, you must provide us with enough detail about your request to consider it. Please lodge your request for a refund via our contact us page on the website.

      Alternatively, you may request such refund by contacting us:
      Email: contactus@exlearning.com.au
      Phone: 049 173 8926
       

The results of using EX Learning’s services may vary and depend upon a range of factors including for reasons that are personal to you. EX Learning does not guarantee that use of the Service will lead to an improvement in academic performance or results.

To the full extent permitted by law, you will hold EX Learning blameless for any act or omission relating to the Service and you will indemnify EX Learning from any dispute, action, claim or proceedings relating to the provision of the Service to you and EX Learning will not be responsible for any losses or damages.
 

These T’s&C’s can only be varied by agreement between you and EX Learning in writing. However, EX Learning may, from time to time and within its absolute discretion, vary the policies, procedures and website information that are referenced here in these T’s&C’s. If these T’s&C’s are accepted, the resultant agreement and any dispute arising in relation to it are governed by the law of the State of New South Wales, Australia.
 

Notwithstanding the above, you may have rights and obligations under the Australian Consumer Law that cannot be excluded by these terms and conditions.

Referral programs

Our referral program gives the customer $20 (AUD) of EX Learning credit for every student they successfully refer to a whole term program. This quantum, which is subject to change with no notice is not exchangeable by cash or for anything else that does not pertain toward contributions made toward EX Learning term programs. By definition, a term program is any program that runs through the course of 10 weeks or more.

Credits are strictly redeemable for future enrolments and do not apply to current term enrolments.