Terms and Conditions
Last updated:
Effective from: 1 February 2027
1. Background
1.1 The Whole Student Pty Ltd (ACN 700 556 556) (The Whole Student, we, us, our) provides in-person tutoring, study support, wellbeing mentoring and related services for students in Years 9 to 12.
1.2 These terms and conditions (Terms) explain how we provide our Program, how enrolment works, and what we expect from parents, guardians and students.
1.3 In these Terms, references to:
(a) “you” and “your” means the parent or guardian who submits an enrolment application or who otherwise holds parental responsibility for an enrolled student;
(b) “student” means a child or young person enrolled, or proposed to be enrolled, in the Program;
(c) “your student” means the student you have enrolled, or propose to be enrolled, in the Program; and
(d) “Program” means our The Whole Student Program as amended and updated from time to time.
1.4 These Terms set out the framework for:
(a) our enrolment process;
(b) your use of our website; and
(c) the relationship between The Whole Student, students, and you.
1.5 You agree to be bound by these Terms by submitting an enrolment application.
1.6 By agreeing to these Terms, you agree to be responsible for your students, and will ensure that they also comply with these Terms (as and where applicable).
1.7 Please read these Terms carefully before submitting an enrolment application. If you do not agree with these Terms, you should not submit an application or proceed with enrolment.
1.8 If you have any questions about these Terms before submitting an enrolment application, please contact us at info@thewholestudent.com.au.
2. Enrolment process
Step 1: Application
If you would like to enrol a student in our Program, you must complete and submit an application form for each student via our website. Please note that submitting an application does not guarantee a place in the Program.
Step 2: Interview
Successful applicants will be invited to attend an interview with our Head of Education. Both the student and at least one parent or guardian are required to attend. The purpose of the interview is to assess whether The Whole Student and/or the Program is the right fit for the student and the family, and to ensure we have the expertise and capacity to support the student's specific needs.
For example, whether the specific subjects for which we provide tutoring support are those which the student intends to take at school.
Step 3: Confirmation
If the student’s application and interview are successful, we may, at our discretion, offer the student a place in the Program. Enrolment is not confirmed until we have issued written confirmation of enrolment and you have paid the applicable term fees by the due date.
We may withdraw a student’s offer of enrolment if we do not receive the applicable term fees by the due date or if we determine that information provided during the application process is incomplete, inaccurate or misleading.
3. Eligibility
3.1 Our Program is available to students in Years 9 to 12 attending school in Melbourne.
3.2 Placement in our Program is subject to availability, session capacity and our assessment of whether the Program is suitable for the student. Places are limited, and we may decline an application or withdraw an offer of enrolment at our discretion, including where we reasonably consider that we cannot safely or appropriately support the student’s needs.
3.3 By enrolling a student in our Program and accepting these Terms, you warrant and represent that you have the legal authority to enrol your student and to consent to your student's participation in the Program in accordance with these Terms.
4. Program structure
4.1 Program sessions run during designated terms (Program Term).
4.2 During a Program Term, sessions will run each day from Monday to Thursday, from 4:00pm to 8:00pm.
4.3 Program Terms operate independently of school term calendars. Program Terms will commence and complete in accordance with the Program Term calendar published on our website.
4.4 We may amend the Program Term calendar or vary session dates or times where appropriate by providing notice to you. We will endeavour to notify you as soon as reasonably practicable of such changes.
4.5 Program sessions, subject support and tutor allocations are subject to minimum and maximum capacity requirements determined by us from time to time. We may open, close, restructure or discontinue sessions, subject groupings or support arrangements where we reasonably consider this necessary for demand, staffing, quality, safety, suitability or operational reasons.
4.6 The structure of a Program session may vary from time to time at our discretion. For example, we may make operational changes to the session, tutor allocation, groupings, activities, room layout, meal arrangements or timetable where we consider those changes appropriate for the safe and effective operation of the Program.
5. Educational support
5.1 During Program sessions, our tutors will circulate and provide support to students. Our tutors may also facilitate small group work when students study the same subject or prepare for the same assessment.
5.2 Tutors may vary from session to session depending on tutor availability.
5.3 Our Head of Education prepares individual goals and a learning plan for each student. These plans are intended to guide and support the student's progress throughout the Program Term and will be updated as appropriate from time to time, in consultation with students, parents, and guardians where necessary.
6. Wellbeing mentoring
6.1 We incorporate holistic wellbeing mentoring as part of our Program culture.
6.2 Wellbeing mentoring is not delivered as a separate Program or curriculum, it is woven into the culture of every session through conversations, the shared dining experience, the study environment and the ongoing attention of our team.
6.3 However, The Whole Student is not a mental health service.
6.4 Our staff are not qualified to provide clinical mental health support, and we do not represent or assert in any way that our staff are psychologists, counsellors, therapists or mental health professionals.
6.5 If a student is experiencing mental health challenges, we encourage you to obtain appropriate professional support.
6.6 We do not accept liability or responsibility for any mental health outcomes.
7. Catering and allergies
7.1 During Program sessions, we will provide students with afternoon tea on arrival and a two-course dinner mid-session, prepared by our appointed caterer.
7.2 Water and herbal teas are also available to students during Program sessions.
7.3 All meals will be prepared in a nut-free kitchen, however, we cannot guarantee that meals are entirely free from allergen cross-contamination. A full ingredient list is available for each meal on request.
7.4 In accordance with clause 15, you are responsible for disclosing any dietary requirements, food allergies and medical conditions of your student at enrolment, and as they vary while your student is enrolled in the Program. We will use reasonable efforts to accommodate dietary requirements as notified to us from time to time but we cannot guarantee that all such requirements will always be met by our caterer.
7.5 If your student has a known or suspected anaphylaxis risk or other allergy, or develops such a condition, you must notify us in accordance with clause 15.4.
7.6 We may decline, suspend, or terminate enrolment of your student where we reasonably consider that we cannot safely accommodate your student’s dietary, allergy or medical needs, provided that we are legally permitted to do so.
8. Phone-free environment
8.1 The Whole Student operates as a phone-free environment. Students are required to leave their phones in their bags on arrival at each session.
8.2 In the event of an emergency, you may contact us directly using the studio contact number provided to you at the commencement of each Program Term.
9. Student conduct
9.1 Students must:
(a) behave respectfully toward our tutors, staff, contractors and other students at all times;
(b) comply with our relevant policies and procedures as they relate to students;
(c) comply with the reasonable directions of our tutors, staff, and contractors; and
(d) not engage in conduct that is criminal, dishonest, a breach of law, or likely to bring The Whole Student into public disrepute.
9.2 Students must arrive prepared for each Program session, including by bringing their own stationery, laptop, laptop charger, textbooks, and academic material that they would like to work on during the Program session. We are not responsible for a student’s failure to bring required materials or to complete schoolwork, homework, revision or preparation outside Program sessions.
9.3 We reserve the right to suspend or terminate your student’s enrolment, or require your student to be collected early if your student’s behaviour is inconsistent with requirements set out in clause 9.1.
9.4 We may take steps to notify you of any behavioural concerns related to your student and to meet with you to address such concerns before seeking to suspend or terminate your student’s enrolment.
9.5 We reserve the right to immediately terminate or suspend your student’s enrolment if your student puts the safety of our students or staff at risk.
9.6 Where your student’s enrolment is suspended or terminated in accordance with this clause 9, you will not be entitled to any refund, credit or make-up session.
10. Parent and guardian conduct
10.1 Parents and guardians must:
(a) behave respectfully towards our staff, contractors, tutors, students and other families;
(b) comply with all reasonable directions relating to the safety and operation of the Program;
(c) not engage in threatening, abusive, discriminatory, intimidating or disruptive conduct;
(d) respect the privacy and confidentiality of other students and families; and
(e) not photograph, film, record or publish images or information relating to other students without the prior consent of the relevant parent or guardian.
10.2 We reserve the right to suspend or terminate a student's enrolment where we reasonably consider that the conduct of a parent or guardian has adversely affected, or is likely to adversely affect, the safe operation of the Program, or the safety or wellbeing of any students or our staff.
11. Child safety and supervision
11.1 We are committed to promoting the safety, wellbeing and participation of all students attending our Program.
11.2 You acknowledge that The Whole Student maintains child safety policies, procedures and standards which apply to students, parents, guardians and staff. These policies are available for viewing on request by parents and guardians of students and we may update these from time to time.
11.3 You agree to comply, and to procure that your student complies, with all reasonable child safety requirements, policies and directions notified by us.
11.4 We may take any action we reasonably consider necessary to protect the safety, wellbeing or welfare of a student, including contacting a parent or guardian, emergency services, government authorities or other appropriate persons where reasonably required and provided we are legally permitted to do so.
11.5 We will ensure that all staff members who may work with students hold current Victorian Working with Children Checks.
12. Travel and collection
12.1 Program sessions conclude at 8:00pm. We will ensure that a staff member is present for the duration of every session and remains on site until the last student has departed the premises.
12.2 You must ensure that your student is collected by you or another authorised person nominated by you, at the end of each Program session (or as soon as possible after) unless you have expressly authorised your student to travel to and from Program sessions independently.
12.3 We may request reasonable evidence of a person's authority to collect a student where we consider it necessary for the safety of the student.
12.4 You must promptly notify us of any changes to collection arrangements, emergency contacts, parenting orders or restrictions affecting collection of your student.
12.5 Where a student has not been collected within a reasonable period following the end of a Program session, and we are unable to contact an authorised person, we may take any reasonable action necessary to ensure the student's safety, at the cost of that student’s parent or guardian.
12.6 Students who travel to or from sessions independently do so at your direction and responsibility. Our supervision obligations apply during scheduled Program session times, and only while the student is on our premises for the purpose of attending a Program session.
12.7 We are not responsible for supervising a student once they leave the premises, including while travelling to public transport, being collected away from the premises or otherwise travelling home.
13. Fees and payment
13.1 The fee for the Program is $250 per session (excluding GST), invoiced and payable in advance of each Program Term unless we agree otherwise in writing (Term Fee). The total Term Fee will depend on the number of sessions in the relevant Program Term and the number of weekly sessions for which the student is enrolled for that Program Term, and must be paid in full prior to the commencement of each Program Term.
13.2 We recommend students attend one session per week. Additional sessions are subject to availability and will be added to the Term Fee.
13.3 Enrolment for a subsequent Program Term is conditional on payment of all outstanding Term Fees from previous Program Terms.
13.4 We may suspend or terminate a student’s enrolment in the Program if Term Fees remain unpaid after the due date. You must pay all amounts without set-off, deduction or counterclaim unless required by law.
13.5 Students may enrol after the Program Term has commenced, subject to availability. Term Fees for Program Terms where enrolment occurs after commencement will be charged on a pro rata basis, and must be paid in full prior to the student attending any Program sessions.
13.6 Payment details will be provided on the invoice. Additional payment methods may be made available at our discretion.
13.7 Where Term Fees remain unpaid beyond 30 days of the due date, we reserve the right to charge interest on the outstanding amount at the rate of 2% per month, compounded monthly, and/or to engage a debt recovery service.
13.8 We may vary the Term Fee for future Program Terms by providing written notice to you.
14. Cancellations and missed sessions
14.1 By enrolling a student for a Program Term, you commit to the full Program Term and agree to pay the applicable Term Fee. This reflects that we reserve a place for the student and incur staffing, tutor allocation, catering and operational costs in advance.
14.2 If you withdraw your student before the commencement of a Program Term for which Term Fees have been paid, the following refund arrangements apply, except to the extent a different outcome is required by law or expressly agreed by us in writing:
(a) Withdrawal notified more than 21 days before Program Term commencement: full refund of Term Fees paid;
(b) Withdrawal notified 8–21 days before Program Term commencement: 50% refund of Term Fees paid; or
(c) Withdrawal notified 7 days or fewer before Program Term commencement: no refund.
You acknowledge and agree the arrangements outlined in this clause 14.2 are reasonable due to the planning, preparation, and costs incurred by us in the weeks prior to a Program Term.
14.3 If your student is unable to attend a scheduled Program session, you should notify us as soon as reasonably practicable using the contact details provided below. We will notify you if those contact details change.
14.4 We may take reasonable steps to contact you if a student who is expected to attend a session does not arrive and we have not received prior notice of the student's absence.
14.5 Your student’s absence does not entitle you to any refund, credit or make-up session except as expressly provided in these Terms or to the extent required by law.
14.6 For the avoidance of doubt, you will not be entitled to any compensation (including refunds, credits, or make-up sessions) whatsoever where:
(a) a student misses a session for any reason, including because of illness, school commitments, sporting events, family commitments, holidays, travel or other personal circumstances;
(b) a student’s enrolment is suspended or terminated under clauses 7 (Catering), 9 (Student conduct), 10.2 (Parent conduct) or 13 (Fees and payment);
(c) a student misses a session due to overlap between our Program and a student's school holidays, school camps or other school-related absences;
(d) you withdraw a student from the Program during a Program Term, except to the extent required by law or expressly agreed by us in writing;
(e) we are required to run a session with reduced staff due to unavailability or illness; or
(f) a session is cancelled due to circumstances beyond our reasonable control, including war, natural disasters, pandemics, cyberattacks, acts of government, extreme weather, public health orders, fire, flooding, power outage, building evacuation, venue access restrictions, safety incidents, technology failures, supplier or contractor disruption, or other such events.
14.7 Notwithstanding the above, if we are required to cancel a Program session due to circumstances entirely within our control, we will take reasonable steps to provide a make-up session or pro rata credit toward the Term Fees for the following Program Term.
15. Privacy and student information
15.1 In connection with the Program, we will collect personal information and sensitive information (as defined in the Privacy Act 1988) about you and your student(s).
15.2 For further information about how we collect, hold, use and disclose such information, please see our full Privacy Policy which is available on our website.
15.3 You warrant that all information provided to us in connection with an enrolment application is complete, accurate and not misleading.
15.4 You agree to promptly notify us of any change to:
(a) contact or emergency contact details;
(b) medical or mental health conditions, allergies, anaphylaxis, medications prescribed, or health information;
(c) parenting arrangements, court orders or collection restrictions;
(d) educational support needs; or
(e) any other information which may reasonably affect the student's participation in the Program or the health and safety of any person attending or facilitating the Program.
15.5 We will rely on information provided by you unless and until we are notified otherwise.
16. Health and medical information
16.1 If your student's health circumstances change after enrolment, you must notify us as soon as possible by emailing info@thewholestudent.com.au.
16.2 Where your student requires medication during a Program session, you must notify us at enrolment (or as soon as reasonably practicable after) and provide clear written instructions for your student’s use of the medication.
16.3 You must not send your student to a Program session if the student is unwell, has symptoms of a contagious illness or has been directed to isolate or remain away from school, classrooms or similar activities by a medical practitioner, school or public health authority.
16.4 In the event of a medical emergency involving your student during a session, The Whole Student will contact emergency services immediately and will make all reasonable efforts to contact you using the emergency contact details provided at enrolment.
16.5 By enrolling with us, you authorise The Whole Student to seek emergency medical treatment for your student at your expense, where it is not possible to contact you in a timely manner.
16.6 You acknowledge and agree that The Whole Student, including its directors, officers, employees, tutors, contractors and representatives, is not in any circumstances (including medical emergencies) required to:
(a) perform medical treatment on students;
(b) administer medications to students; or
(c) direct others to conduct any medical treatment on students.
17. Photography, video and media
17.1 We will not use identifiable photographs, video or other media of students on our website, social media or marketing materials without the prior written consent of the student’s parent or guardian. Our ordinary marketing materials may use stock imagery, non-identifiable images or staged content that does not identify enrolled students.
18. Intellectual property
18.1 All intellectual property rights in the Program, including any materials, learning resources, templates, worksheets, guides, methodologies and content provided by us, remain our property or the property of our licensors.
18.2 We grant you a non-exclusive, non-transferable, revocable licence for your student to use Program materials solely for their personal educational purposes while enrolled in the Program.
18.3 Program materials must not be copied, reproduced, distributed, published, sold or otherwise exploited for commercial purposes without our prior written consent.
18.4 You agree to be responsible for your student’s use of our Program materials.
19. Program outcomes and limitations
19.1 We offer an exceptional team, an exceptional environment, and an exceptional experience that gives every student fantastic opportunities to learn and grow, though of course individual student outcomes will vary.
19.2 However, the effectiveness of the Program is dependent on the student's willingness to engage. Where we believe a student is not engaging with the Program in a way that is likely to be beneficial, we will communicate this to you honestly and promptly.
19.3 We do not guarantee any academic outcomes, ATAR results, university admissions, grade improvements or other specific results, and we do not provide:
(a) clinical psychology or mental health services;
(b) medical diagnosis or treatment;
(c) formal counselling or therapy;
(d) guaranteed subject coverage across all VCE subjects; or
(e) one-on-one dedicated tutor sessions (tutors support all students in the room).
20. Liability
20.1 To the maximum extent permitted by law, our liability to you for any claim arising out of or in connection with the Program, a student’s participation in the Program, our website or these Terms is limited to the amount of fees paid by you for the student in the term in which the relevant event occurred.
20.2 To the maximum extent permitted by law, The Whole Student (including its directors, officers, employees, tutors, contractors and representatives) is not liable or responsible for:
(a) any loss or damage arising out of or in connection with any medical treatment provided to your student, whether by staff, other students, medical professionals or any other person;
(b) loss, theft or damage of any personal property (including but not limited to mobile phones, laptops, bags, clothing and personal items) brought to sessions by students;
(c) any indirect, consequential, special or punitive loss or damage, loss of opportunity, loss of revenue or loss of anticipated savings, whether arising in contract, tort, under statute or otherwise, even if advised of the possibility of such losses.
20.3 To the maximum extent permitted by law, the directors, officers, employees, tutors, contractors and representatives of The Whole Student are not personally liable for any act, omission, matter or thing done or omitted in good faith in connection with the Program, our website or these Terms. Your rights and claims are against The Whole Student Pty Ltd only, except to the extent the law provides otherwise.
20.4 To the maximum extent permitted by law, you agree to indemnify The Whole Student (including its directors, officers, employees, contractors and representatives) from all loss, damage, liability, cost or expense (including reasonable legal costs on a full indemnity basis) arising from or in connection with any:
(a) breach of these Terms by you or your student;
(b) negligent, unlawful, reckless or wilful act or omission of your student while attending the Program; or
(c) damage to property, or injury to any person, caused by you or your student,
except to the extent that such loss, damage, liability, cost or expense was caused or contributed to by the gross negligence or wilful misconduct of The Whole Student.
20.5 To the maximum extent permitted by law, and subject to clause 20.6, we exclude all warranties, terms and representations relating to the subject matter of these Terms, whether implied by statute or otherwise, except to the extent they are expressly set out in these Terms.
20.6 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified. Where we are permitted to limit our liability for breach of a consumer guarantee or other non-excludable obligation, our liability is limited, at our option, to resupplying the relevant services or paying the cost of resupplying the relevant services.
21. Complaints
21.1 If you have a complaint regarding the Program, our staff or these Terms, you should notify us in writing as soon as reasonably practicable, using the contact details provided below.
21.2 We will investigate complaints in good faith and endeavour to resolve them within a reasonable period.
21.3 Complaints relating to child safety, student welfare or alleged unlawful conduct may be escalated by us to relevant authorities where we reasonably consider it appropriate to do so.
21.4 We acknowledge that nothing in these Terms limit any rights you may have at law.
22. General
22.1 These Terms are governed by the laws of the State of Victoria, Australia. Any dispute arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of Victoria.
22.2 Without limiting any other provision of these Terms, you consent to receiving notices, disclosures, invoices, reminders and other communications from us electronically, including by email, SMS or through any online platform used in connection with the Program.
22.3 You are responsible for ensuring that your contact details with us remain current and accurate at all times. A notice sent electronically will be deemed received when transmitted, unless the sender receives an automated notice indicating that delivery has failed.
22.4 We may vary or amend these Terms from time to time by updating them on our website. We will take reasonable steps to notify you at least 14 days before the variation takes effect. Unless you provide notice otherwise, you agree to be bound by the amended Terms as and from the effective date of the amended Terms by maintaining your student’s enrolment with us. Such changes will not materially vary any Term Fee for services already paid for (except with your express consent).
22.5 If any provision of these Terms is found to be invalid, unenforceable or illegal, that provision will be severed from these Terms and the remaining provisions will continue in full force and effect.
22.6 The failure of The Whole Student to enforce any provision of these Terms does not constitute a waiver of that provision or of The Whole Student's right to enforce it in the future.
For all enquiries relating to these Terms please contact us at:
The Whole Student
info@thewholestudent.com.au
1/390 Burwood Rd, Hawthorn VIC 3122
thewholestudent.com.au
By enrolling a student in The Whole Student program, you confirm that you have read, understood and agree to these Terms in full.