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 Learning offers different plans, each of which has its own pricing and policy rules. Your plan determines:
- The price you are charged per session.
- The cadence of your payments.
- Your entitlements to reschedule sessions and any fees, credit or refund entitlements for rescheduled sessions.
- Your entitlements to cancel sessions, including pausing enrolments, and any fees, credit or refund entitlements for cancelled sessions.
- The notice period required to cease services/cancel the enrolment or change your plan.
- Any plan-specific refund policies.
See all of Cluey Learning’s plans and policies.
Regardless of your plan, any remaining credit in your account (after meeting the terms and conditions of your chosen plan) will be refunded if you decide to cancel your Cluey Learning account.
Requests for credits and/or refunds outside of the plan criteria will only be considered by Cluey under exceptional circumstances and on a case-by-case basis.
Credit card surcharges (processing fees) will not be refunded.
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 credit or refund, please contact Cluey Customer Support https://clueylearning.co.nz/support/.