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Refund Policy and Procedure

1. Introduction

The New Zealand Consumer Law (including the Consumer Guarantees Act 1993) sets out consumer rights that are called consumer guarantees. These include your rights to a repair, replacement or refund where a product or service you buy fails to meet our consumer guarantee.

2. Purpose and scope

This policy applies to the refund of tutoring session fees that have been paid by students/parents (‘You’ or ‘you’) to Cluey Learning (NZ) Pty Ltd (‘Cluey’).

3. Background

Cluey offers two payment methods to pay for tutoring session fees:

  • Pay as you go – payment for sessions are processed seven days prior to the scheduled session
  • Pre-paid bundle – a package of sessions purchased upfront for a discount. Pre-paid bundles are not refundable other than under clause 4 of this Policy.

Cluey offers two services:

  • One-to-one tutoring programs (‘Individual Learning’) and;
  • Small group tutoring programs (between two and five students) (‘Group Learning’).

If you are enrolled in Individual Learning and pay-as-you-go:

  • You will be charged for your first tutoring session in advance. This fee is non-refundable.
  • You will be charged for your second tutoring session seven days prior to that second scheduled session. This fee is non-refundable.
  • You will be charged for all subsequent scheduled tutoring sessions at least seven days prior to the scheduled date of that session.
  • If you cancel a scheduled tutoring session (other than the first two sessions):
    • More than 48 hours before the scheduled session, you can reschedule your session for a different time prior to your next session or request a full credit.
    • The day before the scheduled session, you can reschedule for a different time before your next session, or you will lose NZ$35 of your session fee.
    • The same day as that session is scheduled, (excluding the hour before your session – see below), you may reschedule your session for another time prior your next session to avoid losing your session fee, and no refunds or credit apply.
    • Less than 1 hour before the scheduled session or fail to appear for a session, you will not be entitled to a refund or credit for that session even if you wish to reschedule.

If you are enrolled in Individual Learning and pay via a pre-paid bundle:

  • If you cancel a scheduled tutoring session (other than the first two sessions):
    • More than one hour before the scheduled session, you can reschedule your session for a different time prior to your next session. You are not entitled to a refund or credit.
    • Less than one hour before the scheduled session or fail to arrive for a session, you are not entitled to reschedule that session, nor are you entitled to a refund or credit.

If you are enrolled in Group Learning:

  • You will be charged for your first tutoring session in advance. This fee is non-refundable.
  • You will be charged for your second tutoring session seven days prior to that second scheduled Session. This fee is non-refundable.
  • You will be charged for all subsequent scheduled tutoring sessions at least seven days prior to the scheduled date of that session.
  • More than 2 days before the scheduled session, you can request a full credit or request to change group times (subject to availability and scheduled group times).
  • More than 1 day before the scheduled session, you can request a partial credit or request to change group times (subject to availability and scheduled group times).
  • If you miss a session or can’t make an upcoming session, no refund or credit is available if less than 1 days' notice is provided. You can still access recordings for any missed sessions.
  • You may cancel a scheduled tutoring session up to seven days before the scheduled session at no charge (noting that where you have elected to pay via a pre-paid bundle, no refund or credit is available on a cancelled session).

If you are enrolled in Group Learning and pay via a pre-paid bundle:

  • If you cancel a scheduled tutoring session (other than the first two sessions):
    • More than 48 hours before the scheduled session, you can request to change group times (subject to availability and scheduled group times). You are not entitled to a refund or credit.
    • If you miss a session or can’t make an upcoming session, no refund or credit or option to move group times is available if less than 48 hours' notice is provided. You can still access recordings for any missed sessions.

Requests for refunds or credits outside of the above criteria will only be considered by Cluey under exceptional circumstances and on a case-by-case basis.

4. Policy

4.1 Cancellation where there is a failure in delivery of a session

Under the New Zealand Consumer Law, the tutoring sessions offered by Cluey come with the guarantee that they will be:

  • provided with reasonable care and skill;
  • fit for the purpose or provide the services that Cluey and you agreed to; and
  • delivered within a reasonable time frame of the scheduled session time/s.

Cluey is legally obliged to provide a full refund if requested, where there is a failure to comply with a guarantee and that failure cannot be remedied or is a failure of a "substantial character". A failure of a substantial character includes where the service:

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

If the failure that has occurred is not a major failure but is still a failure on the part of Cluey, Cluey is required to rectify the failure. This might involve, but is not limited to, rescheduling a tutoring session, or part of a tutoring session.

4.2 Procedures for refund request

Should you wish to request a refund, please contact Cluey Customer Support https://clueylearning.co.nz/support/.