1. Introduction

Users understand and acknowledge that our services may be subject to statutory guarantees under Consumer Law and any other applicable laws. Nothing in these Terms operates to exclude or limit the operation of such guarantees in any manner contrary to law.

2. Purpose and scope

This policy applies to the refund and cancellation of tutoring fees paid by learners/parents (‘You’ or ‘you’) to either Eduventure Technologies Pty Ltd (‘Edulyte’, ‘Our’ or ‘We’) or to any independent tutors working on the platform. This policy must be read in conjunction with the terms & conditions available on our website https://www.edulyte.com/terms-of-service/

3. Background

• Digital wallet or wallet: A custom designed application to store virtual credits facilitating hassle free transactions. The digital wallet is available to all the registered users to be used within Edulyte ecosystem.
• Wallet credit and balance: Credits are virtual currency purchased from Edulyte, which can solely be used on our platform to purchase tutoring services, lessons, tests, subscriptions or any other services. The refunded credits can be used for other transactions. No cash refunds will be given for purchased virtual credits, unless otherwise specified.
• Pay as you go: Payment for tutoring services prior to a scheduled session(s).
• Bundled Package: A package of several hours/weeks purchased upfront at a discount.
• Subscriptions: Monthly or annual recurring payment for a service or software as a service.

4. Services offered by Edulyte

• Connecting tutors to learners (Marketplace Transactions): Edulyte platform allowing tutors / service providers to offer their tutoring services and learners to buy those services from tutors.
• One-on-One tutoring services: a learner interacting with a tutor individually.
• Small group classes: tutoring services in groups (between two and eight learners).
• Software as a service (SaaS): non-exclusive, non-transferable, revocable licence to use our software and tools.

5. Marketplace Transactions

• Cancellation by any party: If a session is cancelled 24 hours prior to the scheduled session time, the learner will get 100% refund for the cancelled session into their wallet.
• Cancellation by a tutor: You will get a 100% refund into your digital wallet.
• Cancellation by a learner: If you cancel less than 24 hours prior to the scheduled session time, you will get a 50% refund into your digital wallet.
• Cancellation after session time: The tutor gets paid after you confirm completion of a session in your account or 24 hours after session. Any problem/dispute after release of funds to tutor will require a resolution and agreement of both parties on any refunds.

6. One-on-One Tutoring Services

• Cancellation by any party: If a session is cancelled 24 hours prior to the scheduled session time, the learner will get 100% refund for the cancelled session into their wallet.
• Cancellation by a tutor: You will get a 100% refund into your digital wallet.
• Cancellation by a learner: If you cancel less than 24 hours prior to the scheduled session time, you will get a 50% refund into your digital wallet.
• Cancellation after session time: The tutor gets paid after you confirm completion of a session in your account or 24 hours after session. Any problem/dispute after release of funds to tutor will require a resolution and agreement of both parties on any refunds.

7. Small group classes

Group classes and bundled packages have pre-defined schedules and it is not practical to reschedule a session for an individual learner. Bundled packages are usually discounted. Any fees related to group classes and bundled packages are non-refundable.

8. Subscriptions and software as a service

• Edulyte charges and collects in advance for use of the SaaS services.
• All subscriptions monthly, quarterly, and yearly (or any other periods) renew automatically on their due renewal date according to date of purchase until officially cancelled in writing.
• You can upgrade or downgrade your subscription anytime. The charges or refunds will be calculated on a pro rata basis. All the refunds will be in the form of wallet credits.
• If you decide to cancel, we need 30 days’ notice in writing. Subscriptions paid for the unused period will be refunded into your wallet. The wallet balance must be used within Edulyte platform.

9. Inactive accounts and expiry of wallet credits

If your Edulyte account has no login records for continuously 12 months, it will become an inactive account. Any credits in the inactive account will expire.

10. Australian Consumer Law (ACL)

• Under the Australian Consumer Law:

1. Our goods and services come with guarantees that cannot be excluded under the ACL. For major failures with the goods, you are entitled
   

   i. to cancel the purchase; and
   ii. to a refund for the price of the goods; and
   iii. compensation for any damage or loss (whether direct or consequential) that was, or reasonably ought to have been, foreseeable by us.

2. If the failure with the service does not amount to a major failure, you are entitled to a re-supply of the goods within a reasonably time, or to cancel the purchase and be provided with a refund of any price paid.

• We offer refunds, repairs, and replacements in accordance with the Australian Consumer Law.
• Further information about the Australian Consumer Law and these Consumer Guarantees is available from the website of the Australian Competition and Consumer Commission.

11. Exceptions

Notwithstanding the other provisions of this Policy, we may refuse to provide a repair, replacement or refund for a product or service purchased by you if:

1. You misused the said product in a way which caused the problem.
2. You knew or were made aware of the problem(s) with the product or service before you purchased it.
3. You asked for a service to be done in a certain manner, or you asked for alterations to a product, against our advice, or you were unclear about what you wanted.
4. Any other exceptions that apply under the Australian Consumer Law.

12. Force majeure:

The cancellation policies described herein may not apply in the event of certain emergency situations beyond the control of tutors or learners that make it impossible or impractical to perform agreed sessions/services, such as evacuations resulting from earthquake, hurricane, bushfire, flood, war, riots, pandemic situation or other similar disaster. In such cases Edulyte may, in its reasonable discretion, issue refunds under terms that vary from this cancellation policy.

13. Response Time

We aim to process any requests for cancellations and refunds within 3 days of receipt

14. Contact Us

If you wish to speak to us about this Policy or about any refund and cancellations, please contact us at: support@edulyte.com