Term and Conditions
By submitting your enrolment, you confirm that you have read and understand these terms. Notwithstanding this, we again remind you of the following:
a. You understand and agree to the cooling off and cancellation policies as set out in clauses 5 and 9.1 respectively. Furthermore, you acknowledge that you may not cancel your membership during any freeze period;
b. You agree to the payment of the Membership Fee to Sam’s Tutoring, by way of direct debit from your Billing Account, in the amount and frequency as set out in your Membership Agreement;
c. You understand that Sam’s Tutoring may restrict, suspend or terminate your membership for any of the reasons set out in clause 9.4.
1. Definitions
1.1 For this Agreement, the following definitions have the corresponding meanings:
a. Application Form means the signed enrolment form on the website, completed via phone or electronic means completed by or on behalf of the Member relating to the application for membership as contemplated by this Agreement. The Member is required to provide relevant details of themselves and their children to Sam’s Tutoring (including the Member’s and child(ren) personal information such as name, address, school, contact details and payment information);
b. Billing Account means the account nominated by you on the Application Form for which Membership Fees will be debited.
c. Sam’s Tutoring means Sam’s Tutoring as a business trading name for the company ALMS TUTORING PTY. LTD. of Suite 1/ 600 Hoxton Park Road, Hoxton Park NSW 2171 and includes the Sam’s Tutoring on your Application Form and the Sam’s Tutoring Centre (location specific) you visit and includes their heirs, agents, representatives, officers, directors, shareholders, employees, contractors, successors and assignees;
d. Sam’s Tutoring Centre means any Sam’s Tutoring Centre your membership entitles you to visit;
e. Direct Debit Request means the document permitting the third party payment provider to provide the direct debit facility in respect of payment of the Membership Fee from your Billing Account;
f. Member means a Member of any Sam’s Tutoring Centre, and for this Agreement, includes references to you and includes the parent or guardian of a Member if the Member is under 18 years of age;
g. Membership Fee means the amount/s payable under this Agreement as specified in the Application Form, which for the avoidance of doubt may increase or decrease by written notice to you, in Sam’s Tutoring’s discretion acting reasonably;
h. Membership Freeze Fee means the amount of $5.00 per week.
i. Membership Freeze means a stop in your payments for period of up to six (6) weeks to be taken in minimum one (1) week periods, during an annual period being Middle of January to middle of December of that year (no rollover to the next year) in respect of each Member (dates to be confirmed by the individual centre each year).
k. Privacy Policy means the Sam’s Tutoring privacy policy available on samstutoring.com.au
l. Terms means these terms and conditions.
m. You and your means the person and/or parent specified in the Application Form.
n. Intellectual property refers to the legal rights that protect the creative work and ideas developed by the tutoring centre, including lesson plans, study materials, worksheets, teaching methods, and any original content created for educational purposes. These rights ensure that the tutoring centre owns and controls how its educational resources are used, distributed, and shared, preventing unauthorized use by others.
2. Application of Terms
2.1 These Terms together with the Application Form on the website in which these Terms are accepted or referred to and the Direct Debit Request by EziDebit make up a legally binding agreement (“the Agreement”) between Sam’s Tutoring, the Sam’s Tutoring Centre, ALMS TUTORING PTY. LTD. and the Member. By signing and returning the Application Form to Sam’s Tutoring or the Sam’s Tutoring Franchisee or otherwise accepting these Terms by any other electronic means, the member is bound by the terms set out in this agreement.
2.2 You agree that before submitting the Application Form, you have read and agreed to these Terms.
2.3 You acknowledge and agree that you have not relied on any representations made to you before or at the time of entering into this Agreement.
3. Membership
3.1 A membership is defined as a fortnightly commitment to join scheduled tutoring classes.
3.2 A membership commences on the date that the Member enters into this Agreement, or in the case where a Member signs up to a new Sam’s Tutoring Centre that is not yet trading, on the date of opening of that new Sam’s Tutoring Centre.
3.3 Members are not entitled to transfer their membership to any other person/party/centre unless otherwise set out in this Agreement.
3.4 To the extent permitted by law, Members acknowledge and agree that Membership Fees are non-refundable, including for the avoidance of doubt, instances of non-usage by the Member.
3.5 Members must ensure that their contact details, including Billing Accounts, are current at all times and must notify Sam’s Tutoring of any change to Members’ details.
3.6 Members may at any time, on giving one (1) week’s notice, request a Membership Freeze, in which case the Membership Fee will reduce to the Membership Freeze Fee. During the Membership Freeze Fee period, you will not be charged the regular Membership Fee, only the Membership Freeze Fee of $5 per week.
3.7 Members may not cancel their membership at any time during a Membership Freeze.
3.8 Centre Manager has the right to refuse enrolment, in cases where a Member exploits any terms of this agreement.
3.9 If a member cancels their membership, the member must wait three (3) months before they are able to enrol again, unless exceptional circumstances exist.
4. Membership Fee
4.1 By entering into this Agreement you agree to pay all Membership Fees for the respective period in advance.
4.2 Classes are paid a fortnight (2 weeks) in advance and run for 48 weeks a year ending around 20th December or when a freeze period has been applied or a Blackout Period has started.
4.3 Classes operate 48 weeks a year usually third (3rd) Monday in January start (date to be confirmed by the individual centre) with 4 weeks of Christmas Holiday Blackout period starting third (3rd) Sunday in December to third (3rd) Monday in January and 6 weeks of allowable freeze period during class operation. For example in 2025 – we will start classes on Monday 20th January until Sunday 21st December (Dates will vary each year). Members may at any time during the operation of classes, request a freeze period which will be enforced for a minimum of one week. A member may not freeze their membership for a cumulative or concurrent duration of more than six weeks. This means if a member was to freeze their membership for a cumulative six week period, they are unable to request any further freeze periods until the next year and all classes missed thereafter would have to follow Section 6.
4.4 You acknowledge and agree that Sam’s Tutoring operates a cashless business, with payment of the Membership Fee to be made by way of direct debit from your Billing Account. you further acknowledge and agree that Sam’s Tutoring uses EziDebit as a third party direct debit billing provider and you will be required to complete the Direct Debit Request to allow deductions from your Billing Account when entering into this Agreement.
4.5 The Direct Debit Request will continue until your membership is terminated or cancelled in accordance with the terms of this Agreement. For the avoidance of doubt the authorisation given under the Direct Debit Request will continue following any assignment or transfer of this Agreement from your Home Centre to Sam’s Tutoring or any other Sam’s Tutoring Centre.
4.6 You consent to Sam’s Tutoring by providing your personal information to Stripe. Furthermore, you also acknowledge and agree that Sam’s Tutoring may change its third party payment provider during the term of this Agreement. In the event the payment provider changes, Sam’s Tutoring or the current payment provider may assign or novate the Direct Debit Request to a new payment provider in which case you consent to Sam’s Tutoring or the current payment provider providing your personal information to the new payment provider.
4.7 Sam’s Tutoring may recover from you any merchant or debt collection fees or other fees Sam’s Tutoring may incur as a result of any costs incurred by or charged to Sam’s Tutoring depending on the method of payment chosen by you.
4.8 Sam’s Tutoring reserves the right to charge you a reasonable processing fee being the reprocessing fee in the event of dishonour of your direct debit or any failed payment. Furthermore, Members will not be permitted to book any classes at the Sam’s Tutoring Centre unless and until all outstanding Membership Fees together with any fees incurred by Sam’s Tutoring are paid up to date.
4.9 You must notify of any changes that will result in the closure or cancellation of your Billing Account by updating your Billing Account with Sam’s Tutoring. you will remain liable to Sam’s Tutoring for any unpaid Membership Fees, or any additional fees incurred by Sam’s Tutoring in this regard.
4.10 Members will be notified of any outstanding debts and must be paid within a reasonable period of time. If an overdue payment is not paid within a reasonable period of time and failure to do so, a debt collector will be engaged to pay the remaining debt.
5. Cooling Off Period
5.1 All new memberships are subject to a cooling off period of 10 days. For the avoidance of doubt, the cooling off period does not apply to any renewals or transfers of memberships.
5.2 A request for termination of membership during the cooling off period must be made in writing and issued to Sam’s Tutoring by email or in person only.
5.3 For any membership terminated validly during the cooling off period, Sam’s Tutoring will refund to you the total of all Membership Fees unless any classes have been attended by you during the cooling off period.
6. Class Bookings, Cancellation and Absenteeism
6.1 Class spaces are limited and must be pre-booked via phone or online to reserve a space.
6.2 Classes can be pre-booked in advance to the class and closes 60 minutes prior to a class commencing unless the class is cancelled or fully booked.
6.3 Cancellations of pre-booked classes can be done up to four (4) hours before class and this will allow you to reschedule another class in the week to join, if available.
6.4 If you pre-book a class and fail to attend (due to absenteeism) without giving notice to Sam’s Tutoring as outlined in 6.3, to re-allocate the booking or otherwise provide sufficient reasons for failing to attend (in Sam’s Tutoring’s discretion acting reasonably), you will forfeit the class and a rescheduled class that week is not possible, which you acknowledge is fair and reasonable.
6.5 If a student is absent from a pre-booked class, without sufficient reason or notice, there will be no opportunity for a make-up session. However, all lessons are recorded and the recorded sessions will be made available for the student to watch at their convenience. These recorded lessons serve as a catch-up option for the student to review the material covered during the missed class.
6.6 If valid reasoning has been given and approval of the centre manager, an extra class will be allocated during the holiday to compensate.
7. CCTV Surveillance
7.1 For safety purposes, you acknowledge and agree that closed circuit television may be installed within appropriate areas in each Sam’s Tutoring Centre. You consent to being filmed for these purposes and understand that Sam’s Tutoring will only use any images or recordings in accordance with its Privacy Policy.
8. Property
8.1 Sam’s Tutoring is not liable to you for any property that is lost, damaged or stolen while in a Sam’s Tutoring Centre, irrespective of whether such property was placed in any storage facilities that may be allocated.
8.2 In circumstances where you cause damage to the Sam’s Tutoring Centre, you will be liable to Sam’s Tutoring for the cost incurred for such repair or replacement.
9. Termination and Cancellation
9.1 You may terminate your membership at any time on the provision of two (2) weeks notice in person to Sam’s Tutoring (or by written notice in exceptional circumstances as determined by Sam’s Tutoring acting reasonably) and you will no longer incur any financial obligations after the expiration of that period. you may continue to visit Sam’s Tutoring Centres for any period that you have paid in advance but will cease to have access once that pre-paid period expires. you may be required to complete any forms reasonably required by Sam’s Tutoring to confirm cancellation of your membership.
9.2 If your request for termination is for reason of permanent sickness or physical incapacity, you may immediately terminate your membership on written notice together with a medical certificate evidencing such permanent sickness or physical incapacity.
9.3 Any unused Membership Fees will be reimbursed to you in circumstances where you terminate your membership pursuant to clause 9.2.
9.4 Sam’s Tutoring reserves the right to immediately restrict, suspend or terminate your membership upon verbal or written notice to you in circumstances where:
a. You have breached any provision of this Agreement
b. You have failed to make payment of any Membership Fees or any other fees payable under this Agreement;
9.5 Upon termination of your membership, you will no longer be permitted to access any Sam’s Tutoring Centre. Any monies outstanding remains immediately due and payable. You authorise Sam’s Tutoring to deduct the amount outstanding from any refund which may otherwise be payable to you. If there is a shortfall, you must pay the balance of the amount owing immediately.
9.6 Termination or expiration of this Agreement is without prejudice to the rights of each party against the other in respect of anything done or omitted under this Agreement prior to such termination or expiration.
10. Release and Indemnity
10.1 Sam’s Tutoring acknowledges that the Australian Consumer Law contains certain guarantees for the supply of goods or services that cannot be excluded, restricted or modified by this Agreement. Nothing in this Agreement is intended to exclude or restrict the application of such laws.
11. Applicable Law
11.1 The parties expressly agree that this Agreement will be governed by and interpreted in accordance with the laws of the State or Territory of Australia where the Member has their primary place of residence. The parties submit to the jurisdiction of the relevant State or Territory courts.
12. Privacy and Collection of Personal Information
12.1 Sam’s Tutoring may collect and use Members’ personal information for the following purposes including without limitation:
a. To process and administer your dealings as a Member;
b. To provide you with the learning material and assisting you with further relevant information; and
c. To administer the transactions contemplated by this Agreement, including but not limited to processing any direct debit requirements with any third party payment provider.
12.2 Sam’s Tutoring will generally:
a. Use personal information provided to it for the purposes relating to these Terms;
b. Use personal information collected by it in accordance with the Privacy Act 1988 (Cth) (the “Privacy Act”) and otherwise in accordance with its Privacy Policy; and
c. Not sell, trade, give or pass on to any third party any personal information unless such a disclosure is contemplated by and directly related to the purpose outlined by these Terms, or the Member consents to such a disclosure or such disclosure is required by law.
12.3 You authorise Sam’s Tutoring to disclose your personal information to third party contractors and service providers that assist Sam’s Tutoring to operate its business.
12.4 Sam’s Tutoring relies on the Member to ensure that the personal information provided to Sam’s Tutoring is current and accurate. Members may find out what personal information Sam’s Tutoring holds about them and, where necessary, may correct any errors in this information (some restrictions and costs may apply).
12.5 You consent to Sam’s Tutoring collecting, using and disclosing the personal information provided to Sam’s Tutoring on these Terms.
13. GST
13.1 All amounts payable in relation to this Agreement are expressed to be exclusive of GST. If GST is payable on a taxable supply as defined in A New Tax System (Goods and Services Tax) Act 1999 then the amount payable by the Customer for that taxable supply will be the amount expressed plus GST.
14. Non-waiver
14.1 Failure by Sam’s Tutoring to enforce or delay in enforcing any right or provision of this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed by Sam’s Tutoring in writing.
15. Assignment
15.1 Sam’s Tutoring may at any time in its reasonable discretion assign this Agreement to any party as contemplated by this Agreement.
16. Variation of Terms and Conditions
16.1 Sam’s Tutoring reserves the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting the membership, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements or any other reason determined by Sam’s Tutoring acting reasonably.
17. Electronic Communications
17.1 In addition to delivery in person, the parties agree to communicate via email or other electronic communication. Sam’s Tutoring accepts no liability for any direct, indirect, special, consequential or other losses or damages of whatsoever kind arising out of any electronic transmission, access to, or the use of the website or any information contained therein (including for the avoidance of doubt, any viruses, malicious computer code or other forms of interference which may damage your computer system). you agree to take your own precautions to ensure that submitting and receiving electronic communications does not expose you to risk and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer codes or other forms of interference.
18. Promotion and media
18.1 In consideration of Sam’s Tutoring granting you a membership, you:
a. Acknowledge and agree that photographs or audio or video recordings containing the image, voice or likeness (Recordings) of you or your children may be taken, captured or made by Sam’s Tutoring or any officer, director, employee, agent, subcontractor or volunteer of Sam’s Tutoring (Personnel);
b. Give unconditional and irrevocable consent for Sam’s Tutoring and its Personnel to use the Recordings of you or your children and any information previously provided by you to Sam’s Tutoring (including any photographs or other content) (Content) in perpetuity without restriction as to changes or alterations, and to disclose any of your personal information that is contained in any Recording or Content, to any person (including via social media) and via any medium for the purpose of promoting Sam’s Tutoring or any other purpose Sam’s Tutoring reasonably requires;
c. Acknowledge and agree that you are not entitled to any remuneration, royalties or any other payment from Sam’s Tutoring in respect of the use of any Recordings or Content;
d. Acknowledge and agree that as between yourself and Sam’s Tutoring, Sam’s Tutoring is the sole legal and beneficial owner of all intellectual property rights in and attaching to any Recordings and consent on an irrevocable, worldwide and perpetual basis, to the waiver of all moral rights you may have in and to any such Recordings; and
e. Acknowledge and agree that Sam’s Tutoring may assign or transfer the benefit of the consent given under this clause 9.1 to any person.
19. General
19.1 If any part of these Terms (including any provision, part, paragraph, phrase or word) is illegal, invalid or unenforceable it will be read down so far as necessary to give it a valid and enforceable operation or, if that is not possible, it will be severed from these Terms, but the remaining provisions will remain in full force and effect.
19.2 In these Terms, unless the contrary intention appears:
a. a person includes a corporation, unincorporated association, partnership, joint venture or public, statutory or governmental association or agency;
b. A statute or regulation includes an amendment, replacement or re-enactment of that statute or regulation;
c. A reference to dollars is to Australian Dollars;
d. The word “including” and similar expressions are not words of limitation;
e. A reference to conduct includes any omission and any statement or undertaking, whether or not in writing; and
f. Where an act is to be performed on a day that is not a Business Day, the act will be required to be performed on the following Business Day.
19.3 Any notice in connection with these Terms will be deemed to have been duly given when made in writing and delivered or sent by facsimile, post or email to the party to whom such notice is intended to be given, at the address, facsimile number or email address of that party in the Application Form or to such other address, facsimile number or email address as may from time to time be notified in writing to the other party.
19.4 These Terms contain the entire agreement of the parties with respect to its subject matter and may only be amended in writing.
19.5 These Terms do not create a relationship of agency, partnership, joint venture or employment between the parties. Neither party has any authority to act for or incur any liability or obligation on behalf of the other party in any manner.
20. Intellectual Property Ownership and Use
20.1 Sam’s Tutoring shall retain exclusive ownership of all study materials, lesson plans, worksheets, handouts, presentations, and any other educational content ("Materials"). The Client is granted a non-exclusive, non-transferable license to use the Materials solely for the purpose of participating in the tutoring sessions and supporting their educational needs. The Client may not distribute, sell, sublicense, or otherwise use the Materials for any purpose beyond the scope of this Agreement.
20.2 The Client agrees to maintain the confidentiality of all Materials provided by Sam’s Tutoring during the course of this Agreement. The Client shall not share, disclose, or distribute the Materials outside the scope of this Agreement.
20.3 Upon termination of this Agreement, the Client shall immediately cease using any Materials provided by Sam’s Tutoring. Students must not distribute, sell, sublicense, or otherwise to competitors or other students outside the centre during enrolment and/or after termination.