Covering tuition supplied under the Choice Education Group and APTUTORING trading names. Effective 2026.
Reference copy. These Terms and Conditions are included for parent and student reference. Enrolment, acceptance and payment setup are completed through the CRM/student portal or another office-approved digital process.
Consumer law note. These Terms should be read subject to any rights that cannot be excluded under the Australian Consumer Law, including consumer guarantees for services and remedies that may apply where a service has a major problem, is not supplied with due care and skill, or is not fit for an agreed purpose.
One set of terms, two trading names. These Terms apply to every Enrolment. Clauses marked “(APTUTORING plans)” apply only to Enrolments under the APTUTORING plans; clauses marked “(Choice Education Group programs)” apply only to Enrolments under the Choice Education Group programs. The Enrolment record states which applies.
The Supplier: CHOICE EDUCATION GROUP (ABN 43 654 619 306), trading as Choice Education Group and as APTUTORING. The Customer: as recorded in the CRM/student portal enrolment record.
2.1. The Supplier is CHOICE EDUCATION GROUP (ABN 43 654 619 306) of Rowville in the state of Victoria, trading as Choice Education Group and as APTUTORING.
2.2. The Student is the person the Services are provided to.
2.3. The Customer is any entity who agrees to be liable for the debts of the Student and includes but is not limited to the Parent and/or other person acting as the legal or de facto parent of the Student or, if the Student is over the age of eighteen (18), the reference to the Student will include a reference to the Customer.
2.4. Enrolment is any request for the provision of Services by the Customer which has been accepted by the Supplier. Acceptance is at the Supplier’s discretion.
2.5. The Services are the provision of educational tutoring as one-on-one sessions. Under the Choice Education Group programs, Services may be delivered online or in person. Under the APTUTORING plans, Services are delivered online only, weekly, under a Plan, to families in the Service Area (south-east Melbourne and surrounding Victorian suburbs).
2.6. Sessions are the weekly appointments for the provision of the Services as agreed to by the Supplier.
2.7. The Tutors are the Supplier’s engaged tutors, each holding a current Working with Children Check or interstate equivalent. Under the APTUTORING plans, the Supervising Teachers are teachers registered with the Victorian Institute of Teaching who supervise the quality of the Services; Supervising Teachers do not deliver Sessions.
2.8. The Portal means the Supplier’s CRM/student and parent portal (including any associated applications), through which enrolment, bookings, payments, session notes, lesson ratings and account changes are managed.
2.9. A Plan (APTUTORING plans) is the Customer’s selected enrolment plan, being either the 12-Month Plan or the 24-Month Plan, with session rates as set out in the Schedule of Fees. Plan session rates are discounted rates, conditional on completion of the Plan period. The Casual Rate is the Supplier’s undiscounted per-session rate set out in the Schedule of Fees.
2.10. The Online Assessment (APTUTORING plans) is the Supplier’s free online assessment of the Student, completed before tutor matching. The Teacher-Led Assessment is an optional assessment conducted by a Supervising Teacher for the fee set out in the Schedule of Fees.
2.11. The Price is the amount invoiced for the Services provided. GST refers to Goods and Services Tax under the A New Tax System (Goods and Services Tax) Act 1999 (GST Act). Fees are stated in Australian dollars and invoices will show any GST treatment that applies.
2.12. The School Term is taken to be those dates stipulated by the government of the relevant state, accessible via that state government’s website. School Holidays are the periods falling outside the School Term.
2.13. Make-up Lesson is the rescheduling of a Session which was previously cancelled and approved in accordance with these Terms.
2.14. The Schedule of Fees is the Supplier’s current published fees for the applicable trading name and program or plan.
3.1. These Terms and Conditions together with the Supplier’s Schedule of Fees and the enrolment information in the Portal form this Agreement and should be read in conjunction.
3.2. Any Enrolment by the Customer is deemed to be an Enrolment incorporating these Terms and Conditions and may not be varied unless expressly agreed to by the Parties in writing. If an inconsistency arises between these Terms and the Enrolment, these Terms and Conditions prevail.
3.3. No subsequent correspondence, document or discussion shall modify or otherwise vary these Terms and Conditions unless such variation is in writing and signed by the Supplier.
3.4. The Terms and Conditions are binding on the Customer, his heirs, assignees, executors, trustees and where applicable, any liquidator, receiver or administrator.
3.5. In these Terms and Conditions, the singular shall include the plural, the masculine shall include feminine and neuter and words importing persons shall apply to corporations.
3.6. Where more than one Customer completes this Agreement each shall be liable jointly and severally.
3.7. If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable, the validity of the remaining provisions shall not be affected and the offending provision shall be deemed severed.
3.8. The Supplier may license or sub-contract all or any part of its rights and obligations without the Customer’s consent but remains at all times liable to the Customer.
3.9. The failure by the Parties to enforce any provision shall not be treated as a waiver of that provision, nor affect the right to subsequently enforce it.
3.10. The Customer acknowledges that the Supplier may detail these Terms and Conditions on its websites. The Terms on the Supplier’s website apply to future dealings and the Customer is deemed to have notice of amendments.
4.1. Enrolment will be considered valid when the Customer completes the enrolment steps in the Portal (accepted Terms and Conditions, completed enrolment information, plan or program selection where applicable, and direct debit authority) and the Supplier confirms acceptance. The Supplier reviews applications and takes a limited number of Enrolments each term.
4.2. (Choice Education Group programs) Assessment lessons are payable on the day of assessment and should be paid before the assessment begins unless the office confirms another arrangement.
4.3. (APTUTORING plans) The Online Assessment is provided free of charge and must be completed before tutor matching. If the Customer nominates a preferred tutor and elects to skip the Online Assessment, the Supplier will accommodate this where practicable, and matching may take longer. A Teacher-Led Assessment is available as an optional extra at the fee set out in the Schedule of Fees.
4.4. Any written Schedule of Fees given by the Supplier shall expire fourteen (14) days after its date.
4.5. All prices are based on taxes and statutory charges current at the time of the Schedule of Fees. Should these vary before invoicing, the difference becomes the responsibility of the Customer.
5.1. At the Supplier’s sole discretion the Price shall be either as detailed on invoices provided in respect of Services supplied, or the Supplier’s Price as per the Schedule of Fees (subject to clause 5.2).
5.2. The Supplier reserves the right to change the Price in the event of a variation which was previously unknown or unforeseen by the Parties at the time of Enrolment, with written notice within a reasonable time.
5.3. (APTUTORING plans) Session rates are determined by the Customer’s selected Plan as set out in the Schedule of Fees. Other than variations under clauses 4.5 or 5.2, the Plan session rate is fixed for the duration of the Plan.
5.4. (APTUTORING plans) No registration, booking or materials fees apply. The fees that may apply in addition to Session fees are only: the Teacher-Led Assessment fee (clause 4.3), the Manual Transaction Fee (clause 7.5), the Failure to Notify Fee (clause 12.9), the Plan Rate Adjustment (clause 12.12), dishonour costs (clause 8) and default costs (clause 9).
5.5. No standard discount applies to the Supplier’s Services unless a specific discount is confirmed by the Supplier in writing. Any discount, if offered, is discretionary. Premium Tuition (Choice Education Group programs) means teacher-led tuition only and does not create a separate discount category.
6.1. The Supplier reserves the right to decline requests for any Services requested by the Customer and to cancel or postpone Sessions at its discretion.
6.2. If the Supplier or the Tutor cancels a Session, the Customer is not charged for that Session. If the Session has already been invoiced or paid, the fee is credited to the next invoice or the direct debit schedule is adjusted.
6.3. Unless specified to the contrary, the Supplier does not warrant that it will be capable of providing the Services at specific times requested by the Customer during the term of this Agreement.
6.4. The Supplier shall exercise its independent discretion as to the most appropriate and effective manner of providing the Services, including tutor allocation and, where reasonably required, tutor substitution with a suitably qualified replacement.
6.5. (APTUTORING plans) Sessions are delivered by Tutors and supervised for quality by Supervising Teachers, including through review of session notes and the Customer’s lesson ratings in the Portal.
6.6. In the discharge of its duties, the Supplier shall comply with all reasonable directions of the Customer as to the nature and scope of the Services, without affecting the Supplier’s right to exercise its own judgment and skills.
7.1. (Choice Education Group programs) Invoices will be issued fortnightly in advance for the duration of the School Term, and the Customer must make full payment for each session by the nominated payment method at least a week prior to the first of the lessons in the fortnightly period.
7.2. (APTUTORING plans) Session fees for each School Term are invoiced and payable in advance at the commencement of that School Term, for all Sessions scheduled in that School Term under the Plan.
7.3. The Customer must establish and maintain a current, active direct debit authority with the Supplier’s nominated provider, or another payment arrangement approved by the Supplier in writing, while regular lessons remain active. Direct debit is the required payment method. The Supplier is not obliged to schedule or continue Services while a valid payment authority is not in place. If the Customer cancels or changes a payment authority, the Customer must promptly arrange payment of any amounts properly due for Services already supplied or scheduled.
7.4. Payments made by credit card are subject to a 1.75% surcharge per transaction.
7.5. (APTUTORING plans) Account management is self-service through the Portal. Where the Customer requests or requires the Supplier to process manually a transaction that is available through the Portal (including manual bookings, rescheduling, invoicing or payment processing), a Manual Transaction Fee of $25.00 applies per transaction. This fee does not apply where the Portal is unavailable due to the Supplier’s systems, or where the Supplier is correcting its own error.
8.1. If any direct debit agreed to by the Customer or by any third party in payment of the Price is dishonoured:
8.1.1. The Supplier may refuse to supply any further Services until satisfactory payment is received in full, including bank fees and charges;
8.1.2. The Supplier may pause or suspend further Services while unpaid amounts, failed payments or payment authority issues are resolved, and may terminate Services if the Customer does not remedy the dishonour or agree an alternative arrangement after reasonable written notice;
8.1.3. The Customer will be liable for the dishonoured direct debit fee cost.
9.1. Invoices are payable in advance by the due date shown on the invoice. An invoice not paid by its due date is overdue (the Default Date). A late fee of 10% of the overdue amount applies once an invoice is more than seven (7) days overdue, and the Supplier may charge reasonable account administration costs on amounts in arrears. An account more than twenty-one (21) days overdue may be suspended and referred for account follow-up or collection.
9.2. If the Supplier does not receive payment on or before the Default Date, the Supplier may forward the Customer’s overdue account to a debt collection agency. The Customer acknowledges and agrees that:
9.2.1. After the Default Date, the Outstanding Balance includes all applicable fees and charges under this Agreement;
9.2.2. The Supplier may, in its discretion, charge interest on the overdue balance at the rate of 2.5% per month (30% per annum);
9.2.3. If the overdue account is referred to a debt collection agency and/or law firm, the Customer is liable for reasonable recovery costs incurred, including collection commission charged by the agency up to 25% of the base amount outstanding;
9.2.4. If the account is referred to a lawyer, the Customer must pay the reasonable legal costs and disbursements incurred in recovery.
10.1. The Customer will ensure when enrolling the Student that there is sufficient information to enable the Supplier to execute the Service.
10.2. The Customer is responsible for ensuring that the Supplier is made aware of any special requirements pertaining to the Enrolment and the Supplier relies upon the integrity of the information supplied.
10.3. The Supplier takes no responsibility and will not be liable for any damages or costs resulting in the Services being deficient as a consequence of insufficient information provided by the Customer.
10.4. The Supplier makes no guarantees or representations as to outcomes achievable by the Student.
10.5. The Supplier takes no responsibility for representations made in relation to the Services by a third party or third party provider.
10.6. The Customer acknowledges the nature of the Services provided by the Supplier, which takes reasonable steps to provide the Services with attention to safety.
10.7. If urgent assistance is reasonably required in connection with a Session, the Customer authorises the Supplier and the Tutor to take reasonable steps to seek assistance for the Student, including contacting the Customer or emergency services. The Customer must reimburse reasonable out-of-pocket costs properly incurred for that assistance, except to the extent the cost arises from the Supplier’s negligence, breach of these Terms or breach of any law.
10.8. The Customer indemnifies the Supplier against applicable bank fees relating to the reversal of a payment that was authorised by the Customer and correctly due to the Supplier. This clause does not limit any rights the Customer may have in relation to an incorrect or unauthorised transaction or under the Australian Consumer Law.
11.1. The Supplier warrants that the Customer’s rights and remedies in this Agreement arising from a warranty against defects are in addition to other rights and remedies under any applicable law.
11.2. The Supplier does not purport to restrict, modify or exclude any liability that cannot be excluded under the Competition and Consumer Act 2010 (Cth) or related legislation.
11.3. Claims for warranty should be made by writing to the Supplier’s business address in clause 2.1, by email to betterlife@choiceeducationgroup.com, or by telephone on 1300 665 924.
11.4. Nothing in these Terms excludes, restricts or modifies any consumer guarantees, remedies or other rights that cannot be excluded, restricted or modified under the Australian Consumer Law.
Cancellation by Supplier
12.1. The Supplier may cancel any Enrolment at any time before payment is made by the Customer by giving written notice.
12.2. The Supplier shall be entitled to cancel or suspend all or any part of any Enrolment which remains unfulfilled, and all amounts owing shall become immediately payable, if: any money payable to the Supplier becomes overdue; the Customer becomes insolvent or enters an arrangement with creditors; or a receiver, manager, liquidator or similar person is appointed in respect of the Customer or any asset of the Customer.
Cancellation of Sessions by Customer
12.3. Sessions may only be cancelled through the Portal (or, for Choice Education Group programs, by email approved by the Supplier). Under the APTUTORING plans, cancellations attempted by any other means are not valid cancellations, and a Manual Transaction Fee may apply where the Supplier processes one.
12.4. A cancellation made at least twenty-four (24) hours before the scheduled Session (forty-eight (48) hours for a Session scheduled on a Monday) entitles the Customer to a Make-up Lesson. A cancellation made with less notice is not approved, and the Session is charged and forfeited, for change-of-mind or availability reasons, subject to any Australian Consumer Law rights that may apply.
12.5. An approved cancellation is charged as normal and becomes a Make-up Lesson. Make-up Lessons must be initiated before the end of the following School Term, failing which they are forfeited for change-of-mind or availability reasons, subject to any Australian Consumer Law rights. For Premium (teacher-led) tuition under the Choice Education Group programs, no time limit applies to organising a Make-up Lesson.
12.6. Make-up Lessons may be scheduled during School Holidays if agreed by the Supplier in writing. A booked Make-up Lesson is fixed and final; if cancelled, changed or missed for change-of-mind or availability reasons it is forfeited and does not generate a credit or further Make-up Lesson, subject to any Australian Consumer Law rights. Make-up Lessons are not refundable.
12.7. Sessions, Make-up Lessons and any credits are personal to the enrolled Student and cannot be transferred to any other person.
12.8. If a cancellation notice is rejected by the Supplier, the price of the session is not refundable for change-of-mind or late-notice reasons, subject to any Australian Consumer Law rights that may apply.
12.9. If the Student does not attend a scheduled Session and no valid cancellation was made, the Session is charged and forfeited, and the Customer will be charged a Failure to Notify Fee of $60.00.
12.10. If the Tutor or Supplier cancels a Session, clause 6.2 applies and the Customer is never charged.
Termination of Service (Choice Education Group programs)
12.11. Termination of services by the Customer must be provided in writing at least twenty-eight (28) days prior to the end of the trading period (term). The Customer will be charged for Sessions scheduled within twenty-eight (28) days of the written notice; at the Supplier’s sole discretion, the Customer may be offered a refund for Sessions scheduled twenty-nine (29) days or more after written notice. Premium Tuition means teacher-led tuition only; payment of full fees, enrolment in Premium Tuition or payment method does not remove these requirements unless the Supplier confirms otherwise in writing.
Plan Term, Cooling-off and Exit (APTUTORING plans)
12.12. The Customer may cancel the Plan within fourteen (14) days of Enrolment by notice through the Portal (cooling-off), and will receive a refund of amounts paid less the value of any Sessions already delivered at the Plan rate. After the cooling-off period, the Customer may end the Plan before the end of its period by written notice through the Portal, in which case: Sessions scheduled in the current School Term remain payable; and a Plan Rate Adjustment applies, under which Sessions already delivered are re-priced at the rate the Customer’s actual enrolment period qualified for β the Casual Rate where the enrolment ran less than twelve (12) months, or the 12-Month Plan rate where a 24-Month Plan ran twelve (12) months or more β and the difference between that rate and the discounted Plan rate already paid becomes payable on exit. The Plan Rate Adjustment is capped at the amount set out in the Schedule of Fees and is the only early exit amount payable; no other exit fee, penalty or payout of future Sessions applies. The parties agree the Plan Rate Adjustment is a genuine reflection of the discount conditionally provided and not a penalty.
12.13. The Supplier may waive or reduce the Plan Rate Adjustment in cases of hardship or other circumstances it considers appropriate, on written application through the Portal.
12.14. At the end of the Plan period, the Plan continues on a term-by-term basis at the Plan rate unless either party gives written notice at least twenty-eight (28) days before the end of the current School Term. Sessions scheduled within the notice period remain payable.
12.15. Fees are not refundable for change of mind. Nothing in these Terms excludes any right to a remedy, including a refund, that the Customer has under the Australian Consumer Law.
13.1. The Customer shall have no right of set-off in any suit, claim or proceeding brought by the Supplier against the Customer for default in payment, and the Supplier may produce this clause in bar of any proceeding for set-off.
14.1. The Customer is responsible for any personal accident, private health or similar insurance cover the Customer wishes to hold for the Student. Nothing in this clause limits the Supplier’s legal obligations, any insurance the Supplier holds, or any liability that cannot be excluded under law.
15.1. (Choice Education Group programs, in-person delivery) The Customer shall ensure the Supplier has full and safe access to the premises where in-person Services are delivered and, where relevant, provide the Tutor with any necessary essential services, resources, equipment, materials and information at no cost to the Supplier. The Customer will be charged an additional fee if the Supplier’s work is interfered with, or no proper or safe access is provided.
15.2. For all online Sessions, the Customer is responsible for providing the Student with a suitable device, reliable internet connection, and a reasonably quiet space, at the Customer’s cost.
15.3. Where the Student is under eighteen (18), the Customer shall ensure a responsible adult over the age of 18 is present and within reasonable hearing for the duration of each Session, whether delivered in person or online. Parents are welcome to observe any Session at any time.
15.4. The Supplier is not responsible for any Session disruption caused by the Customer’s device, connection or environment; a Session lost wholly to such disruption is treated as a Customer cancellation without notice unless the Supplier determines otherwise. The Supplier will act reasonably where disruption is brief or beyond the Customer’s reasonable control.
15.5. The Supplier will not be held responsible for any delay due to inclement weather, failure of the Customer to provide required items, changes requested by the Customer, or circumstances beyond the Supplier’s reasonable control.
15.6. Session records, notes and, under the APTUTORING plans, the Customer’s lesson ratings are maintained in the Portal and may be reviewed by Supervising Teachers for quality assurance.
16.1. This Agreement is deemed to be made in the State of Victoria and all disputes hereunder shall be determined by the appropriate courts of Victoria.
17.1. Collection and purpose. The Supplier collects personal information about the Customer and the Student β including contact details, school reports, assessment results, lesson records and payment details β to enrol students, schedule and deliver the Services, process payments, communicate with families and meet its legal obligations.
17.2. Children’s information. Information about a Student who is under 18 is collected and handled with the consent of the parent or guardian.
17.3. Storage and security. Personal information is held in the Supplier’s Portal and with its service providers, including its payment and direct debit provider. The Supplier takes reasonable steps to keep it secure and to limit access to staff and tutors who need it. The Supplier does not sell personal information.
17.4. Use and disclosure. The Supplier may use and disclose personal information to its tutors, office and service providers, including payment and debt-collection providers, for the purposes set out in clause 17.1.
17.5. Direct marketing. The Supplier may use the Customer’s contact details to send service updates, news, offers and marketing about its services under any of its trading names. The Customer may opt out at any time using the unsubscribe option or by contacting the office. The Supplier complies with the Australian Privacy Principles and the Spam Act 2003 (Cth).
17.6. Credit information. The Customer and any Guarantor consent to the Supplier exchanging credit-related information with credit providers, and to the Supplier obtaining a consumer credit report, to assess or collect overdue amounts in accordance with Part IIIA of the Privacy Act 1988 (Cth).
17.7. Access, correction and complaints. The Customer may request access to or correction of their personal information, or make a privacy complaint, by contacting the office. The Supplier handles personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and maintains a Privacy Policy available on its websites.
18.1. These Terms and Conditions as defined in clause 3.1 constitute the whole Agreement made between the Customer and the Supplier.
18.2. This Agreement can only be amended in writing signed by each of the parties.
18.3. All prior discussions and negotiations are merged within this document and the Supplier expressly waives all prior representations in conflict with any clauses in this document.
18.4. Nothing in these Terms and Conditions is intended to have the effect of contravening any applicable provisions of the Competition and Consumer Act 2010 or the Fair Trading Acts of the States and Territories of Australia.
Choice Education Group (ABN 43 654 619 306), trading as Choice Education Group and APTUTORING. Effective 2026. These Terms are read together with the Schedule of Fees and the enrolment record in the portal. Questions: 1300 665 924 or betterlife@choiceeducationgroup.com. See also our Website Terms of Use, Privacy Policy and Refund Policy.