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Âé¶¹´«Ã½Ó³»­ Terms and Conditions

These Terms & Conditions govern all enrolments and subscriptions with Âé¶¹´«Ã½Ó³»­ (NZ) Pty Ltd (NZBN 9429049336856). By completing an enrolment, you agree to be bound by these terms. The specific fees, plan details, and current service offerings are set out in the Service Schedule and Fees ("Service Schedule"), which is incorporated into and forms part of these Terms.

1.  Enrolment & eligibility

To complete your enrolment with Âé¶¹´«Ã½Ó³»­ (NZ) Pty Ltd ("Âé¶¹´«Ã½Ó³»­" or "We"), you must be 15 years of age or older. If you are under 15 years of age, a parent or legal guardian must complete the enrolment on your behalf. In that case, both the student and the parent or legal guardian must ensure compliance with these Terms. Throughout these Terms, "you" and "your" refer to the student and, where applicable, the parent or legal guardian.

You must provide accurate and complete information at enrolment. Âé¶¹´«Ã½Ó³»­ reserves the right to suspend or cancel an enrolment where information provided is found to be false or misleading.

2.  Our service commitments

2.1  What Âé¶¹´«Ã½Ó³»­ will provide

Âé¶¹´«Ã½Ó³»­ will provide you with an online learning program ("Service") that may be varied from time to time to support your academic and educational needs. The Service includes:

  • an adaptive learning plan incorporating a course or program of learning;
  • allocation of a Âé¶¹´«Ã½Ó³»­ tutor or tutors matched to your needs;
  • access to the Âé¶¹´«Ã½Ó³»­ learning platform and content specifically designed to meet your learning objectives;
  • an ongoing program of live online sessions with a tutor ("Session");
  • setting of learning goals and the provision of feedback and reporting as part of each Session;
  • access to Âé¶¹´«Ã½Ó³»­+, our AI-powered learning platform, with homework help and smart study tools.

 

Âé¶¹´«Ã½Ó³»­ will:

  • maintain the confidentiality of your personal information, academic performance, and use of the Âé¶¹´«Ã½Ó³»­ platform, subject to the consents set out in these Terms;
  • notify you of any changes to fees charged for its services. You are under no obligation to accept fee changes and may cancel your enrolment if you elect not to accept them. Current pricing is published in the Service Schedule on the Âé¶¹´«Ã½Ó³»­ website.

2.2  Student obligations

You must:

  • have access to a computer with a current browser, a camera, a microphone, and reasonable internet access (further details at /support/);
  • complete a technical test on your computer as requested by Âé¶¹´«Ã½Ó³»­ to confirm suitability and internet sufficiency. Where technical issues are detected, Âé¶¹´«Ã½Ó³»­ Technical Support may connect to your computer, with your explicit approval, solely to assist in resolving the issue;
  • attend each Session at the booked date and time, noting that each Session may be changed subject to the cancellation notice periods published in the Service Schedule;
  • use your best endeavours to complete any practice work ("Practice") set between Sessions;
  • pay for the Service in accordance with the pricing and plan rules published in the Service Schedule;
  • communicate with your Âé¶¹´«Ã½Ó³»­ tutor only through the Âé¶¹´«Ã½Ó³»­ platform and its communication systems;
  • comply with Âé¶¹´«Ã½Ó³»­'s policies and procedures as updated from time to time, including consenting to Âé¶¹´«Ã½Ó³»­:
    • recording and reviewing each Session for quality assurance, internal training, and your own review;
    • recording all session and platform data for the purposes of diagnosing your proficiency and learning requirements, assessing and reporting on academic performance and progress, updating the Âé¶¹´«Ã½Ó³»­ adaptive learning platform, and use in educational research.
  • respect Âé¶¹´«Ã½Ó³»­'s intellectual property: the learning content on the Âé¶¹´«Ã½Ó³»­ platform is licensed to you personally and must not be shared with or provided to any third party.

3.  Payments & billing

Payments for Sessions are taken in advance in accordance with your selected plan as set out in the Service Schedule. The advance payment is charged at enrolment (or when switching plans) and maintained through a weekly billing cycle. Each week, you will be charged for additional Sessions to ensure your account always remains the required number of Sessions in advance, as specified in your plan.

A credit card surcharge may apply, calculated as a percentage of the transaction amount. Current surcharge rates are published in the Service Schedule and are not greater than Âé¶¹´«Ã½Ó³»­'s cost of acceptance. Credit card surcharges are not refundable.

4.  Cancellation, rescheduling & enrolment changes

4.1  Rescheduling Sessions

Sessions may be rescheduled up to 4 hours before the scheduled start time. Rescheduled Sessions must take place before the next scheduled recurring session. Where your regular tutor is unavailable, another suitable tutor may be assigned. Each Session can only be rescheduled once.

4.2  Cancellation of individual Sessions

Any paid Session must be used before the next scheduled Session. Cancelling a Session will result in forfeiture of that Session fee. Where a Session is affected by a service failure on Âé¶¹´«Ã½Ó³»­'s part (refer to clause 5.4), Âé¶¹´«Ã½Ó³»­ will compensate you by issuing a Voucher in accordance with clause 5; your regular billing for that Session will not be reduced.

4.3  Pausing an enrolment

Pausing an enrolment is only permitted during the Summer public school holidays in the student's region of residence. During Autumn, Winter, and Spring public school holidays, scheduled Sessions may be skipped in exchange for a Holiday Voucher/s, subject to the terms of the Voucher in clause 5. Specific holiday pause rules are published in the Service Schedule.

4.4  Cancelling an enrolment

You may cancel an enrolment at any time for any reason by providing notice in accordance with the minimum notice period for your plan as set out in the Service Schedule. Sessions already paid in advance will be used towards completing the enrolment during the notice period; they are not eligible for a refund or credit except as required by the New Zealand Consumer Law.

While an enrolment is in 'Cancellation Requested' status, no new Loyalty Vouchers will be issued. Existing unredeemed Vouchers may still be used. If you reinstate your enrolment before it is fully cancelled, Voucher eligibility will resume in accordance with clause 5.

Once your enrolment is cancelled, any unredeemed Vouchers will be forfeited.

4.5  Changing plans

If you switch to a different pricing plan, the new plan will take effect after all Sessions already paid in advance have been completed.

5.  Vouchers

5.1  Types of Voucher

Âé¶¹´«Ã½Ó³»­ may issue Vouchers of different types from time to time. As of the date of these Terms, the Voucher types are:

  • Loyalty Vouchers — earned automatically when you reach the Session milestone for your plan, as specified in the Service Schedule at the time of enrolment;
  • Service Recovery Vouchers — issued at Âé¶¹´«Ã½Ó³»­'s discretion to compensate for a recognised service failure;
  • Holiday Vouchers — issued when a scheduled Session is skipped during public school holidays in the student's region of residence; and
  • Promotional Vouchers — issued from time to time as part of a marketing, referral, or other promotional offer, on the terms specified at the time of issue.

All Vouchers can be redeemed through the 'Add Session' feature in your Âé¶¹´«Ã½Ó³»­ Customer Hub. Âé¶¹´«Ã½Ó³»­ may introduce additional or remove Voucher types from time to time; the terms applying to any new Voucher type will be published in the Service Schedule or specified on the Voucher itself.

5.2  Rules applying to all Vouchers

Unless otherwise specified on the Voucher, the following rules apply to all Vouchers:

  • Each Voucher expires on the date stated on the Voucher at the time of issue. Âé¶¹´«Ã½Ó³»­ may set different expiry periods for different Voucher types or purposes at its discretion; the applicable expiry date will always be disclosed on the Voucher itself.
  • Vouchers may only be redeemed for an additional or on-demand Session. They cannot be applied as a discount against a regular scheduled Session.
  • Vouchers are non-transferable and have no cash value.
  • Vouchers are forfeited if your enrolment is cancelled before redemption and cannot be reinstated.
  • Âé¶¹´«Ã½Ó³»­ manages Voucher issuance in accordance with this clause and the Service Schedule and may update these rules from time to time in accordance with clause 9.2.

5.3  Loyalty Vouchers

Loyalty Vouchers reward continued learning. They are issued automatically when you reach the Session milestone for your plan. The applicable milestone and entitlement for each plan are published in the Service Schedule.

No new Loyalty Vouchers will be issued while an enrolment is in Cancellation Requested or Cancelled status. If you reinstate your enrolment before full cancellation, Voucher eligibility resumes.

5.4  Service Recovery Vouchers

Service Recovery Vouchers are issued when something has gone wrong with your Âé¶¹´«Ã½Ó³»­ experience and the issue constitutes a recognised service failure. A Service Recovery Voucher entitles you to an additional Session; your normal billing for the affected Session is not reduced. Âé¶¹´«Ã½Ó³»­ assesses whether a service failure is recognised, and the severity of that service failure, in accordance with Section F of the Service Schedule.

Âé¶¹´«Ã½Ó³»­ will issue a Service Recovery Voucher where, for example:

  • your tutor did not attend a Session or a Âé¶¹´«Ã½Ó³»­ platform outage affected your Session;
  • you experienced an ongoing service delivery issue, including excessive tutor changes;
  • you raised a quality concern and Âé¶¹´«Ã½Ó³»­'s investigation found that standards were not met.

 

Service Recovery Vouchers are not issued where Âé¶¹´«Ã½Ó³»­'s investigation finds that service standards were met, where the impact on the affected Session was minor, or where the issue arose from the student's own cancellation, non-attendance, or missed Session.

5.5  Holiday Vouchers

Holiday Vouchers allow you to skip Sessions scheduled during public school holidays in the student's region of residence and take a make-up Session later. To receive a Holiday Voucher, the Session must be cancelled at least one day before its scheduled start time.

Make-up Sessions booked using a Holiday Voucher may be rescheduled once, up to 4 hours before the scheduled start time. If a make-up Session is cancelled or missed, it cannot be credited or reissued.

6.  Refunds & New Zealand Consumer Law

6.1  Your CGA rights

The Consumer Guarantees Act 1993 ("CGA") sets out consumer guarantees that apply to the tutoring services provided by Âé¶¹´«Ã½Ó³»­. These include that Âé¶¹´«Ã½Ó³»­'s services will be:

  • provided with acceptable care, skill, and technical knowledge;
  • fit for the purpose agreed between Âé¶¹´«Ã½Ó³»­ and you; and
  • delivered within a reasonable time of the scheduled Session time.

 

Nothing in these Terms limits or excludes any rights you have under the CGA that cannot lawfully be excluded.

6.2  Remedy for service failure

Where there is a 'failure of a substantial character' in the service guarantees (as defined under the CGA), you are entitled to cancel and obtain a refund if you request one. A failure of a substantial character occurs where the service:

  • has a problem that would have stopped you from acquiring it had you known about it;
  • is substantially unfit for its purpose and cannot easily be fixed within a reasonable time; or
  • does not meet the specific purpose agreed and cannot easily be fixed within a reasonable time.

 

Where the failure is not a failure of a substantial character but is still a material failure on Âé¶¹´«Ã½Ó³»­'s part, Âé¶¹´«Ã½Ó³»­'s standard remedy is to issue a Service Recovery Voucher for an additional Session. Monetary credits and refunds remain available where required by the CGA or where Âé¶¹´«Ã½Ó³»­, in its discretion, considers them appropriate on a case-by-case basis.

6.3  Refunds on cancellation

If your Âé¶¹´«Ã½Ó³»­ account is cancelled with no active enrolments, any unused monetary Session credits beyond the applicable notice period will be refunded. Unredeemed vouchers have no cash value and are nonrefundable; they will be forfeited upon cancellation.

Credit card surcharges paid at the time of a transaction are non-refundable.

6.4  How to request a refund or credit

To request a credit or refund, please contact Âé¶¹´«Ã½Ó³»­ Customer Support. Where the request relates to a service failure, the typical remedy is a Service Recovery Voucher rather than a monetary credit or refund. Âé¶¹´«Ã½Ó³»­ will respond to all requests in accordance with its internal compensation governance framework.

7.  Âé¶¹´«Ã½Ó³»­+ subscription

7.1  What is Âé¶¹´«Ã½Ó³»­+

Âé¶¹´«Ã½Ó³»­+ is a personalised, curriculum-aligned digital learning companion designed to support students alongside or independently of Âé¶¹´«Ã½Ó³»­'s tutoring programs. Features vary by year level and may include:

  • Years 3–11 (Maths and English): access to a curriculum-aligned digital Learning Program; topic-based video lessons; practice questions with AI Tutor guidance; personalised learning paths; parent progress visibility; and tutor-integrated insights where applicable.

These features may change from time to time. Additional features (and subjects) may be released progressively. Access and functionality may vary depending on the student's year level and product release schedule.

7.2  Free trial and transition to paid Âé¶¹´«Ã½Ó³»­+ subscription

New Âé¶¹´«Ã½Ó³»­+ users will receive a free trial period from the date of activation. The duration of the free trial will be advised upon registration. Âé¶¹´«Ã½Ó³»­ will notify you at least 7 days in advance of billing commencing. Continued use of Âé¶¹´«Ã½Ó³»­+ after the free trial period constitutes agreement to the paid subscription at the then-current subscription fee published in the Service Schedule.

7.3  Billing and payment

The Âé¶¹´«Ã½Ó³»­+ subscription fee is billed through the primary payment method on your Âé¶¹´«Ã½Ó³»­ account. Âé¶¹´«Ã½Ó³»­ may offer bundled pricing or promotional rates for tutoring customers from time to time; current pricing is published in the Service Schedule.

Âé¶¹´«Ã½Ó³»­ reserves the right to adjust Âé¶¹´«Ã½Ó³»­+ pricing with 30 days' notice. You may cancel your subscription before the new price takes effect without penalty.

Cancellations may be made at any time through your online Âé¶¹´«Ã½Ó³»­ Customer Hub. Billing will cease at the end of the current monthly billing period; no partial-month refunds apply unless required by the New Zealand Consumer Law (including the Consumer Guarantees Act 1993).

7.4  AI Tutor and data use

Âé¶¹´«Ã½Ó³»­+ makes use of AI and automated learning recommendation tools. These tools use your interaction data including answers, questions asked, and progress to personalise learning support. AI-generated responses are educational in nature and do not replace the judgement of a qualified educator. All data is handled in accordance with Âé¶¹´«Ã½Ó³»­'s Privacy Policy. AI responses or content may be incorrect, inaccurate, incomplete, misleading or inappropriate and should not be relied upon as the sole source of information for learning purposes. Students are responsible for independently verifying any AI-generated content before relying on it. To the maximum extent permitted by law, Âé¶¹´«Ã½Ó³»­ excludes all liability for any loss, damage, cost or claim connected to the use of, or reliance on, AI-generated content provided through Âé¶¹´«Ã½Ó³»­+.

7.5  Content ownership

All content, including but not limited to video lessons, mock exams, assessments, and learning resources available through Âé¶¹´«Ã½Ó³»­+, is the intellectual property of Âé¶¹´«Ã½Ó³»­ or its licensors and is licensed to you for personal educational use only. Content may not be copied, shared, published, or distributed without Âé¶¹´«Ã½Ó³»­'s prior written consent. Downloadable resources are for the enrolled students' use only and may not be redistributed.

You retain ownership of any original content you submit, upload, or create through Âé¶¹´«Ã½Ó³»­+ (including questions, answers, essays, assignments, and other materials) ("User Content"). By submitting User Content, you grant Âé¶¹´«Ã½Ó³»­ a worldwide, royalty-free, non-exclusive, sublicensable licence to host, store, reproduce, modify, create derivative works from, and use that User Content for the purposes of operating, providing, improving, and developing the Âé¶¹´«Ã½Ó³»­+ platform and related services, including training and refining Âé¶¹´«Ã½Ó³»­'s adaptive learning and AI Tutor systems. This licence continues for as long as is reasonably necessary for those purposes and survives termination of your subscription.

7.6  Service changes and suspension

Âé¶¹´«Ã½Ó³»­ may update, expand, or discontinue features of Âé¶¹´«Ã½Ó³»­+ at any time. Âé¶¹´«Ã½Ó³»­ will provide reasonable notice of material changes. Access to Âé¶¹´«Ã½Ó³»­+ may be suspended or terminated for non-payment, misuse, or breach of these Terms.

7.7  Support and disputes

Support for Âé¶¹´«Ã½Ó³»­+ is available via the Âé¶¹´«Ã½Ó³»­ Customer Hub. In the event of a concern or dispute, you are encouraged to contact Âé¶¹´«Ã½Ó³»­ to resolve the matter informally in the first instance. If resolution is not reached, the matter will be escalated in accordance with Âé¶¹´«Ã½Ó³»­'s internal dispute resolution procedures and, where applicable, the governing law provisions in clause 9.3.

8.  Privacy, data & intellectual property

Âé¶¹´«Ã½Ó³»­ will maintain the confidentiality of your personal information and academic data in accordance with its Privacy Policy, available at . By enrolling, you consent to Âé¶¹´«Ã½Ó³»­ recording each Session and all platform data for the purposes described in clause 2.2.

All learning content hosted on the Âé¶¹´«Ã½Ó³»­ platform is the intellectual property of Âé¶¹´«Ã½Ó³»­ or its licensors. The content is licensed to you personally for the purposes of your enrolment only. You must not reproduce, share, or provide access to any content to third parties.

9.  Liability, variation & governing law

9.1  Results & liability

The results of using Âé¶¹´«Ã½Ó³»­'s services may vary and depend on a range of factors personal to each student. Âé¶¹´«Ã½Ó³»­ 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, Âé¶¹´«Ã½Ó³»­'s liability to you is limited to the resupply of the affected service or, at Âé¶¹´«Ã½Ó³»­'s election, the payment of the cost of having the service resupplied. Âé¶¹´«Ã½Ó³»­ will not be responsible for indirect, consequential, or economic losses. Nothing in this clause limits your rights under the CGA.

9.2  Variation

Âé¶¹´«Ã½Ó³»­ may, acting reasonably, vary these Terms, the Service Schedule, and any other referenced policies or website information from time to time. Where Âé¶¹´«Ã½Ó³»­ varies these Terms in a way that materially affects your rights, Âé¶¹´«Ã½Ó³»­ will provide reasonable notice. The Service Schedule (including fees and plan details) may be updated more frequently, with changes effective from the date of publication or such notice period as Âé¶¹´«Ã½Ó³»­ specifies. Your continued enrolment after the effective date of a change constitutes acceptance of the updated terms. You may cancel your enrolment in accordance with clause 4.4 if you do not accept a material change.

9.3  Governing law

These Terms are governed by the laws of New Zealand.