1.1. Learn With Miss B agrees to perform the Services for You/Your child, for the Fee over the Term as set out on the Website once a Booking is made, or as otherwise agreed to in writing by the parties.

1.2. Learn With Miss B agrees to commence the Services upon acceptance of these Terms and Conditions, when a Booking has been made and when payment of the required Fee has been made.

1.3. Both parties agree that the Services will be provided in person or online as outlined in the Booking.

2.1. You agree to pay Learn With Miss B the Fee associated with Your Booking at the time of making the Booking via the Website.

2.2. Fees can be paid by purchasing tutoring or therapy sessions in advance as outlined on the Website. For individual sessions, these can be purchased in blocks of 10 sessions.

2.3. If payment for a tutoring or therapy session is not made in full prior to the first session scheduled, Learn With Miss B is not required to provide the Services.

2.4. Upon request, where an NDIS plan is in place, arrangements can be made to issue invoices for payment to the NDIS manager.

2.5. Where invoices are issued to You, You agree to make payment by the due date on each invoice. Where payment is not made by the due date, Learn With Miss B is entitled to charge You interest on all outstanding amounts at the rate of 5% per annum, calculated daily until the invoice is paid in full.

2.6. If You sign up to a waitlist for a particular session, your payment details will be required to secure a place on the waitlist. No charges will be processed against your payment method until an available place has been confirmed with You in writing and You have expressly authorised the payment.

2.7. Where applicable, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999.

2.8. Learn With Miss B will only provide You with a refund of the Fee in the event that Learn With Miss B is not able to provide the Services (Refund).

2.9. Refunds are not provided for Services that have been provided and are not provided if you are unable to attend a group session.

3.1. Learn With Miss B understands that things change, and therefore if You are unable to attend a Booking, you must provide at least 24 hours notice through the Portal to make a request for a credit for Your Booking. Notification is not accepted via SMS, phone call or email.

3.2. If at least 24 hours notice is provided, a credit for the Booking will be issued so an alternative Booking can be made. Any credit will be valid for use for 120 days from the date it is issued and can be used for a Booking up to 7 days in advance of an available session.

3.3. Unfortunately, if you do not provide at least 24 hours notice, regardless of the reason, You will forfeit the session and the Fee involved. If this occurs, Learn With Miss B will have a discussion with You to arrange to provide You with resources or other material to support your child's learning.

3.4. Credits cannot be redeemed for cash or other benefits. Unused credits will expire after 120 days from the date it is issued.

3.5. Unfortunately, if You cannot attend a Booking for a group session, a credit will not be issued regardless of the notice provided due to the size and structure of these sessions.

4.1. Learn With Miss B reserves the right to terminate Your involvement in the Services for breach of these Terms of Service with 7 days notice by e-mail.

4.2. If Learn With Miss B terminates the Services, You agree to pay Learn With Miss B for the portion of the Services completed up to the date and time of termination.

5.1. As a participant in group sessions (Participant), You expressly agree that You will ensure Your child will not: harm, harass, hassle or abuse other participants; or send un-welcomed communication such as spam to other participants; or act in an unlawful, abusive, bullying, defamatory, discriminatory or otherwise objectionable manner.

5.2. Learn With Miss B retains the right to deny You or Your child access to the Services at any time for breach of these Terms of Service.

All children must be dropped off and collected from the venue by You or an alternative parent or guardian. If You have arranged for collection or made other arrangements for collection, please advise Learn With Miss B via email or SMS prior to the start of a session.

You agree that all communication in relation to the Services or a Booking must be in writing via email. Where a conversation is required, an appointment must be made.

Learn with Miss B will conduct informal assessments for participants during the year to assist with planning a program to cater for each child's specific learning needs. These assessments will be communicated to You as appropriate.

Photographs may be taken of children during program activities for: (1) internal use, including display on internal notice boards and recording a child's development; and (2) external use on Learn With Miss B's website or social media accounts, subject to parental consent. Any such photographs will be taken and used in accordance with the Privacy Act 1988 (Cth) and other applicable privacy laws.

If you do not wish for Your child to be included in photographs, please advise Learn With Miss B via email at info@learnwithmissb.com.au.

10.1 Learn With Miss B will use its best efforts and take all reasonable steps to help You/Your child to achieve the desired results. However, Learn With Miss B makes no warranty as to outcomes and does not guarantee that all children will achieve the same results.

10.2 The Services come with guarantees under the Australian Consumer Law that cannot be excluded. For major failures with the Services, You are entitled to cancel Your Service contract with Learn With Miss B and obtain a refund for the unused portion. A major failure with the service is defined by the Australian Consumer Law and includes situations where the service is unfit for its disclosed purpose or creates an unsafe situation.

Learn With Miss B is not and will not be liable or responsible for any actions or inaction of You/Your child in relation to the Services. You understand that in order to enhance the tutoring or therapy relationship, honest communication is required, and you will be open to feedback and assistance, and to ensure attendance at booked sessions.

12.1 Liability. Learn With Miss B's total liability arising out of or in connection with the Services or these Terms of Service, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the cost of resupplying the Services to you or the amount paid by you for the Services (whichever is greater), except where such limitation would contravene the Australian Consumer Law or other applicable laws. Nothing in these terms excludes, restricts or modifies any guarantee, warranty, right or remedy implied or imposed by law which cannot be lawfully excluded, restricted or modified.

12.2 Waivers. (a) A waiver of any right, power or remedy under these Terms of Service must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion. (b) The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms of Service does not amount to a waiver.

13.1 All obligations of confidentiality set out in these Terms of Service continue in full force and effect after completion of services.

13.2 Learn With Miss B will not disclose any confidential information to any third party without your prior consent.

13.3 These Terms of Service prohibit the disclosure of confidential information by Learn With Miss B with exception to the following circumstances: (i) the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with these Terms of Service; (ii) the disclosure is required by applicable law or regulation; or (iii) if the confidential information is already in the public domain at no fault of Learn With Miss B.

14.1 You agree that any works, items, materials or information of whatever nature produced or developed by Learn With Miss B or under Learn With Miss B's direction pursuant to or in the course of providing the Services will remain the sole and complete property of Learn With Miss B, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of confidential information).

14.2 If You have fully complied with these Terms of Service and if the works, items, materials or information referred to in this clause have been produced by Learn With Miss B as part of the Services, Learn With Miss B grants to You a non-exclusive and non-transferable licence to use such works, items, materials and information for the purposes provided.

14.3 There is no assignment of Intellectual Property Rights by Learn With Miss B to You pursuant to these Terms of Service.

14.4 Nothing in these Terms of Service affects the Moral Rights in any works, items, materials or information supplied pursuant to these Terms of Service.

14.5 Sharing of material and content provided by Learn With Miss B is prohibited.

You agree that any testimonials that may be provided by you from time to time may be used by Learn With Miss B for marketing purposes.

You will be given the opportunity to opt in to have your details added to Learn With Miss B's email mailing list (Mailing List). If you choose to opt-in, You agree to receive promotional material, updates and other content from Learn With Miss B. Each marketing communication will include an unsubscribe option, and You can unsubscribe from the Mailing List at any time. Learn With Miss B will comply with the Spam Act 2003 (Cth) and Privacy Act 1988 (Cth) in relation to all electronic marketing communications.

If a dispute arises out of or relates to these Terms of Service, neither party may commence any legal proceedings (except for urgent interlocutory relief) unless they have first attempted to resolve the dispute through mediation. The mediation must be conducted by a mediator appointed by mutual agreement of the parties or, failing agreement within 14 days, by a mediator appointed by the President of the Law Institute of Victoria.

Nothing contained or implied in these Terms of Service will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.

These Terms of Service are governed by the laws of Victoria, Australia. In the event of any dispute arising out of or in relation to the Services, the parties agree that the exclusive venue for resolving any dispute will be in Victoria.

Any provision of these Terms of Service that is unenforceable will be ineffective to the extent of that unenforceability without invalidating the remaining provisions of these Terms of Service.

The parties confirm and acknowledge that these Terms of Service and information contained within the Portal constitute the entire agreement between them and will supersede and override all previous communications, either oral or written, between the parties.