Terms & Conditions
A. GENERAL
- Upon enrolling in King's Peak Education (or any of its associated entities, including but not limited to: King's Peak Academy, King's Peak Tutoring), students and their parents or guardians are entering into a legally binding Contract for Educational Services as defined in these Terms and Conditions; and they agree to be bound by these current terms and conditions, which override and or supplement any other agreements, documents or verbal statements that may have been given previously. Where a term or condition is used elsewhere, these written Terms & Conditions shall apply.
- These Terms and Conditions may be changed by King's Peak Education at any time and it is agreed that adequate notice will have been provided through a notice on the King's Peak Facebook page: https://www.facebook.com/kingspeakedu/. Current and past versions of the Terms and Conditions are available at www.kingspeak.education/terms--conditions
- The version of the Terms and Conditions current at the earlier of
b. the time fees are paid,
will be the version governing the Contract for Educational Services, for the duration of enrolment, as specified in the
associated invoice. If the Terms and Conditions change during the period paid for, the new Terms and Conditions will
come into force 14 days after notice of the new Terms and Conditions has been provided under clause A2.
- This contract is governed by the laws of the State of Victoria, Australia.
- If any provision of these Terms & Conditions is held invalid, unenforceable or illegal for any reason, these Terms & Conditions shall remain otherwise in full force apart from such provisions held invalid, unenforceable or illegal, which shall be deemed deleted.
B. ENROLMENT & FEES
- Enrolments take the form of an on-going membership and are for a minimum of ten lessons, unless explicitly noted otherwise in the fee invoice.
- Refunds are only made where required by Consumer Law; in the event that You have any concerns about the Educational Services contracted, We may offer replacement or additional services to rectify any valid concerns. There is no refund for a change of mind or your inability to meet lesson/session schedules. Exceptions to this may apply for medical reasons, described elsewhere in these Terms and Conditions.
- All classes must be paid for in advance; students in arrears may be refused entry to class or asked to leave, so parents or guardians are requested to ensure fees are current before dropping off their children.
- Absences will only be credited with a replacement class where supported by a medical certificate, official school notice (e.g. School Camp) or by advance written agreement with King's Peak Education Principal or Vice-Principal. Approved absences are credited at 50% of the actual fees paid for the absence, with the credit being applied to the next payment due. Credits are lost if not redeemed through the next payment due. Only one absence per student per term may be permitted. Allowances for absences do not accumulate, except in the case of annual enrolments. Under no circumstances can absence allowances accumulate beyond 4 terms.
- Absences that do not meet the conditions of (4) above will not be replaced or refunded (e.g. no written confirmation from the Principal or Vice-Principal exists).
- Credits or replacement classes cannot be redeemed for cash, but can only be applied to future enrolments.
- Transfer of credits, unused or replacement classes is at the sole discretion of King's Peak Education and attracts an administration charge equal to 10% of the un-discounted value or $10, whichever is greater.
- Course transfers attract an administration charge equal to 10% of the un-discounted remaining value or $10, whichever is greater.
- Administrative and incidental charges are deducted from the value of the student's remaining classes; consequently, if these charges are not paid separately or promptly, it may result in the student being limited in the number of classes they can attend.
- Refunds are only allowed as prescribed under Victorian Consumer Law; specifically, there are no refunds for change of mind.
- Compensation for classes cancelled by the school are limited to replacement classes offered as part of a minimum one subsequent term's enrolment and cannot be redeemed in cash.
- Discounts and how they are applied are determined by the current price-list, available upon request. Generally, multiple discounts cannot be applied cumulatively, i.e. only the highest applicable discount applies. Multiple-child discounts do not apply to the first child. Discounts for multiple-child enrolments apply only to immediate siblings of the same family, living at the same address. Proof of sibling status may be required, e.g. Medicare card names.
C. PERFORMANCE
- As unique individuals, the performance of each student depends upon many factors outside the control of Kingspeak Academy, including but not limited to: class participation and regular attendance, diligence in completing assignments, personal aptitude etc... Consequently, Kingspeak Academy or its representatives cannot guarantee any specific academic or other outcome as the result of attending its courses.
- Where classes are cancelled by Kingspeak Academy or electronic services are disrupted for reasons outside its control, compensation is limited to replacement classes or discounts on future courses, at Kingspeak's absolute discretion.
- King's Peak reserves the right to reorganise and reallocate students to different classes at any time, for any reason, without notice, normally for operational reasons e.g. maintaining optimal class size. No guarantees of maximum class size are given, but we will always strive to provide an optimal and fair learning environment. Parents requiring 1-1 or extremely small groups, should make separate enquiries.
D. BEHAVIOUR AND EXCLUSION POLICY
- Students, staff and parents or guardians are expected to behave in a polite and non-disruptive manner at all times.
- In classes, the teacher on duty will manage students' behaviour, with removal from class being a last resort.
- Students may be referred to the Principal or Vice-Principal by teachers for behaviour counselling; The Principal or Vice-Principal will attempt to resolve matters with the student, but will always involve the student's parents or guardians if the issue continues.
- Any member of Kingspeak Academy's staff may remove a student from class or the premises if, in their opinion, that student is being disruptive, abusive or violent.
- Students may be removed from class and their parents or guardians asked to collect them, if fees are overdue.
- In the circumstances above, no refunds, credits or replacement classes are available.
E. Educational Services
1. King's Peak Education provides Educational Services for children.
2. These Educational Services may be delivered in a variety of ways, including: physical group setting, remotely via video-conferencing software and through self-service internet-based media.
3. Unless specifically invoiced, online video-conference based Services are provided as a courtesy and do not constitute a part of the paid Educational Services; as such, these service may be varied or discontinued at Our absolute discretion.
4. Educational Services describes age- or ability-appropriate instruction in a subset of topics described by the Australian National Curriculum (https://www.australiancurriculum.edu.au/) or other curricula deemed appropriate in Our absolute discretion.
5. No other representations, promises or claims are made regarding the content, quantity, instructors, class sizes or media used in these Educational Services; nonetheless, We will exercise our best efforts to ensure instruction is fit-for-purpose. Note that We comply with all State and Federal legislation regarding Working With Children.
6. Duration of Educational Services is as specified in the relevant invoice for fees.
7. Operational factors may require Us to alter some aspects of Service delivery (e.g. class size, instructor-student ratio, curriculum) from time-to-time; We will strive to minimise or mitigate any impacts on our students that might arise.
2. These Educational Services may be delivered in a variety of ways, including: physical group setting, remotely via video-conferencing software and through self-service internet-based media.
3. Unless specifically invoiced, online video-conference based Services are provided as a courtesy and do not constitute a part of the paid Educational Services; as such, these service may be varied or discontinued at Our absolute discretion.
4. Educational Services describes age- or ability-appropriate instruction in a subset of topics described by the Australian National Curriculum (https://www.australiancurriculum.edu.au/) or other curricula deemed appropriate in Our absolute discretion.
5. No other representations, promises or claims are made regarding the content, quantity, instructors, class sizes or media used in these Educational Services; nonetheless, We will exercise our best efforts to ensure instruction is fit-for-purpose. Note that We comply with all State and Federal legislation regarding Working With Children.
6. Duration of Educational Services is as specified in the relevant invoice for fees.
7. Operational factors may require Us to alter some aspects of Service delivery (e.g. class size, instructor-student ratio, curriculum) from time-to-time; We will strive to minimise or mitigate any impacts on our students that might arise.