General Terms & Conditions for Digital Products & Courses

Last updated on 15 August 2025

TERMS AND CONDITIONS

Welcome to our Fundamentals of Phonics Course! These terms apply when you sign up for our online course through our website, being https://lead-and-succeed.com/ and any other websites we operate with the same domain name and a different extension (Website), including https://courses.lead-and-succeed.com/fundamentals/of/phonics.

1  HOW TO READ THESE TERMS

In these terms, we also refer to Lead And Succeed Education Pty Ltd ABN 18 689 725 442 as “our”, “we”, or “us”. And you are you!

To make it easier for you to understand the terms on which we provide, and you use, the Parent Courses and our Tutoring services, we’ve tried to keep these terms of use (terms) as simple as possible by using plain English.

When we say Parent Courses, we mean our pre-recorded online courses for parents and all associated materials and resources made available through your Account. 

When we say Tutoring Services, we mean our live online tutoring delivered via Zoom in weekly sessions over an eight-week Tutoring Programme, offered as a Group Package, a One-on-One Package, NAPLAN sessions (one-off), or holiday workshops. The Parent Courses and the Tutoring Services are together called the Offerings.

Student means the child who receives the Tutoring Services.

Trial Lesson means the first lesson of the Tutoring Programme that new families may attend free of charge.

We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.

2  ACCEPTING THESE TERMS AND CONDITIONS

Before you enrol for our Parent Courses, or otherwise engage with the Offerings, please carefully read these terms. If you don’t agree to these terms, please don’t enrol in the Offerings. By clicking “accept” when you create an account, or otherwise proceed to engage with the Offerings, you agree to be bound by these terms.

3  ENROLLING FOR THE PARENT COURSE

(a)  To enrol into the Parent Courses or the Tutoring Services, you will need to create an account (Account) and pay the Fees (as defined in clause 6(a)(i)).

(b)  By creating an Account and paying the Fees or otherwise accessing the Parent Courses (Course Enrolment) you represent and warrant that:

(i)  you have the legal capacity and are of sufficient age to enter into a binding contract with us (or someone of sufficient age and capacity is contracting on your behalf); and

(ii)  you are authorised to use the debit or credit card you provide for your Course Enrolment.

(c)  Enrolling in the Parent Courses constitutes your acceptance to enter into a contract with us under these terms, where we will provide you with the Parent Courses you have ordered in exchange for your payment of the total Fees listed upon checkout.

(d)  These terms are not agreed between you and us until we have approved your payment of the Fees and you receive an email from us confirming that your Course Enrolment has been accepted.

(e)  You may enrol in a Group Package, a One-on-One Package, a NAPLAN session (one-off), or a holiday workshop.

4  OUR PARENT COURSES AND TUTORING SERVICES

(a)  The Parent Courses are designed to teach you about designed to teach you about phonics concepts and other educational information.

(b)  We will endeavour to ensure that the Parent Courses provided will be substantially the same as the Parent Courses as described on our Website.

(c)  Once we have received payment of the Fees you will be granted access to the Parent Courses. Parent Course materials may be viewed online through your Account and may also be downloaded by you for your personal use in accordance with clause 5(b). There is no fixed time limit on access to the Parent Courses while they remain available on our Website.

(d)  You are responsible for managing your Account and ensuring that you only access and engage with the Offerings in an appropriate manner.

(e)  We may retire or remove a Parent Course or take down the Website. If we do so, we will email you at your Account email address and provide a period of not less than 7 days for you to download the Parent Course materials before they are removed.

(f)  The Tutoring Services are delivered online via Zoom in weekly lessons over an eight-week Tutoring Programme, and may also include NAPLAN sessions (one-off) or holiday workshops.

(g)  The Group Package consists of group lessons. The One-on-One Package consists of individual lessons. Specific session times and Zoom links will be notified to you following enrolment.

(h)  New families may attend the first lesson of a Tutoring Programme free of charge, subject to availability and our reasonable instructions.

5  YOUR ACCOUNT AND LICENCE

(a)  Your Account access to Parent Courses has no fixed term while the Parent Courses remain available on our Website, subject to clause 4(e).

(b)  We grant you a personal, non-exclusive, non-transferable licence to use the Parent Courses and any materials we provide for the Tutoring Services for your own personal, non-commercial purposes. You may download Parent Course materials for this purpose.

(c)  You must not give access to your Account to any other person.

(d)  We may revoke your licence and terminate your Account if we reasonably suspect misuse, including sharing your Account, reselling, reposting or otherwise making our materials available to others, making commercial use of our materials, or other non-compliance with these terms. If your licence is revoked and your Account is terminated for breach, you will not be entitled to a refund of the Fees.

6  PAYMENT

(a)  All Fees are:

(i)  as displayed and accepted by you at the time of checkout (Fees);

(ii)  in Australian Dollars; and

(iii)  subject to change without notice prior to your Course Enrolment.

(b)  (Parent Course payment obligations) You must pay the Fees in full at the time of your enrolment in Parent Courses.

(c)  (Tutoring payment obligations) For Tutoring Services:

(i)  Tutoring Fees must be paid upfront in full prior to the first scheduled lesson of the Tutoring Programme. If we haven’t filled all seats before the course begins, we may continue advertising. Others may join midway, provided they pay the pro-rated fee calculated per lesson. We will adjust the registration price accordingly. 

(ii)  If you attend a Trial Lesson and wish to continue in the Tutoring Programme, you must pay the Tutoring Fees within 48 hours of the Trial Lesson. If payment is not received within that time, we may release your place in the Tutoring Programme.

(iii)  The Trial Lesson is available once per family.

(d)  (GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice to you.

(e)  (Card surcharges) We reserve the right to charge credit card surcharges in the event that payment of the Fees are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

(f)  (Online payment partner) We may use third-party payment providers such as Stripe or Square (Payment Providers) to collect payments for the Course. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider accessible https://squareup.com/au/en/legal/general/privacy and https://stripe.com/au/privacy and, to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

(g)  (Pricing errors) In the event that we discover an error or inaccuracy in the Fees for your Course Enrolment, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of enrolling in the relevant Parent Course at the correct Fees or cancelling your Course Enrolment. If you choose to cancel your Course Enrolment and the Fees have already been debited, the full amount will be credited back to your original method of payment.

7  MONEY-BACK GUARANTEE FOR TUTORING

(a)  From the start of the program, we keep weekly work samples from each student, which are also provided to parents. We don’t formally mark every single sample against a rubric, except for complete texts or at the end of a program.

(b)  If a parent claims there has been no improvement, we will provide both the initial and final samples for comparison. The initial sample will be the student’s first in-class task and/or any homework they submit, and the final sample will be taken from the end of the program. If there is genuinely no growth, we will refund the tutoring fees. In a dispute, we may provide the rubric used for assessment.

(c)  To be eligible for the refund, the student must attend the scheduled lessons for the program, and you must request the refund in writing within 14 days after the final lesson.

(d)  This guarantee is in addition to your rights under the Australian Consumer Law and is your sole contractual remedy for lack of improvement.

8  VOUCHERS AND DISCOUNT CODES

(a)  We may provide promotional offers and codes offering a discount on the Parent Courses (Voucher). To use a Voucher, you will need to enter its code at checkout.

(b)  A Voucher may not be applied retrospectively. Vouchers are non-transferrable and cannot be redeemed for cash or credit. Additional terms or conditions may apply and these will be set out on the Voucher.

9  DISCLAIMER

(a)  While the Parent Courses have been prepared with care to help you teach your child phonics, the information is general in nature and does not take into account your personal circumstances. Results are not guaranteed and depend substantially on the effort and implementation by you as a parent or carer. You should obtain appropriate professional advice before relying on the information in the Parent Courses.

(b)  Except for the money-back guarantee in clause 7, we do not guarantee particular outcomes for the Student. Outcomes depend on factors including the Student’s engagement and completion of any requested submissions or tasks.

10  COLLECTION NOTICE AND PRIVACY

(a)  We may collect personal information about you in the course of providing you with our Offerings, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

(b)  Our Privacy Policy (found at https://lead-and-succeed.com/privacy-policy) contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

(c)  By agreeing to these Terms, you agree to be bound by the clauses outlined in our Privacy Policy.

11  INTELLECTUAL PROPERTY

11.1  OUR IP

(a)  Intellectual Property Rights in the Offerings and any other related information or materials (materials) are owned or licensed by us. Except as permitted under applicable laws, no part of the material can be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purposes without our express written consent.

(b)  You will not under these terms acquire Intellectual Property Rights in any of Our IP.

(c)  You must not resell, repost, redistribute, publicly share or otherwise make available any of Our IP, including any Parent Course materials or materials provided as part of the Tutoring Services, to any third party.

11.2  DEFINITIONS

For the purposes of this clause 11:

(a)  “Our IP” means all materials owned or licensed by us and any Intellectual Property Rights attaching to those materials.

(b)  “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.

12  CHANGES TO YOUR PARENT COURSE ENROLMENT

(a)  Once we confirm your enrolment in a Parent Course, we generally do not allow change-of-mind cancellations or refunds unless otherwise agreed by us in writing.

(b)  Nothing in this clause 12 is intended to limit or otherwise affect the operation of any of your rights which cannot be excluded under applicable law, including the Competition and Consumer Act 2010 (Cth).

13  TUTORING CANCELLATIONS AND RESCHEDULING

(a)  If you cancel a Tutoring lesson with at least 48 hours’ notice, we will provide a full refund of the Fees attributable to that lesson. Alternatively, if there is another class in the same week that you would like your child to attend, we will transfer the lesson rather than refund. If no other class is suitable, you may request the refund.

(b)  If you cancel a Tutoring lesson with less than 48 hours’ notice, a cancellation fee equal to 50 percent of the Fees attributable to that lesson will apply, and we will refund the remaining 50 percent.

(c)  Where you terminate your participation in a Tutoring Programme before it is complete, we will refund the Fees attributable to all remaining lessons that you will not attend.

(d)  We may reschedule a lesson on reasonable notice. If you cannot attend the rescheduled time, we will refund the Fees attributable to that lesson.

14  PUBLISHING PHOTOS ONLINE OR ON SOCIAL MEDIA

Subject to your agreement of non-disparagement of us and the Offerings, you may publish general information about what you have learnt from the Offerings, online or on social media (or both), provided such information is general in nature and does not cover any of the actual content or information covered in the Offerings. We ask that you please provide accreditation to us by reference or hashtag if you make such a publication. We reserve the right to require you to remove any such publications or remove any accreditation to us.

15  DATA SECURITY

While we will use our best efforts to ensure that your information, data or other electronic materials (Data) that is being backed-up or stored as part of the Offerings will be stored securely, we will not be liable for any unauthorised use, destruction, loss, damage or alteration to the Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

16  THIRD PARTY SERVICES, CONTENT, TERMS AND WEBSITES

16.1  THIRD PARTY GOODS AND SERVICES

(a)  To provide you with the Offerings, we may use goods or services provided by third parties (including Zoom for live lessons and Systeme.io for hosting Parent Courses) who have their own terms and conditions and policies (Third Party Terms).

(b)  Provided we have notified you or given you a copy of the Third Party Terms, you agree to the Third Party Terms that apply to your use of the Offerings. 

(c)  To the maximum extent permitted under applicable law and our agreements with any applicable third parties, we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms, including in relation to any fault or error of the Offerings or any issues experienced in Course Enrolment.

(d)  You have the right to reject any Third Party Terms but if you do, we cannot provide you with the Parent Course and you will need to cancel in accordance with this agreement.

16.2  THIRD PARTY CONTENT

The Offerings may contain text, images, data and other content provided by a third party and displayed in the information provided through the Parent Course (Third Party Content). We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

16.3  LINKS TO OTHER WEBSITES

(a)  The Offerings may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.

(b)  Inclusion of any linked website in the Offerings does not imply our approval or endorsement of the linked website.

17  SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Offerings. You should take your own precautions to ensure that the process that you employ for accessing the Offerings does not expose you to risk of viruses, malicious computer code or other forms of interference.

18  REPORTING MISUSE

If you become aware of misuse of the Offerings by any person, any errors in the material in the Offerings or any difficulty in accessing or using the Offerings, please contact us immediately using the contact details or form provided on our Website.

19  SERVICE LIMITATIONS

While we will use our best endeavours to ensure the Offerings are working for their intended purpose, you acknowledge and agree that from time to time, you may encounter the following issues:

(a)  the Offerings may have errors or defects;

(b)  the Offerings may not be accessible at times;

(c)  messages sent through the Offerings may not be delivered promptly, or delivered at all;

(d)  information you receive or supply through the Offerings may not be secure or confidential; or

(e)  any information provided through the Offerings may not be accurate or true.

20  NOTICES

(a)  A notice or other communication to a party under these terms must be:

(i)  in writing and in English; and

(ii)  delivered to the other party via email, to the email address most regularly used by the parties to correspond regarding the subject matter of these terms as at the date of these terms (Email Address). The parties may update their Email Address by notice to the other party.

(b)  Unless the party sending the notice knows or reasonably ought to suspect that the email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i)  24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

(ii)  when replied to by the other party,

whichever is earlier.

21  WARRANTIES

(a)  To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

(b)  Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

22  LIABILITY

22.1  LIABILITY

To the maximum extent permitted by law, the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the value of the Fees paid for the Offerings.

22.2  CONSEQUENTIAL LOSS

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by us, except:

(a)  in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or

(b)  to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

23  DISPUTE RESOLUTION

(a)  A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.

(b)  A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.

(c)  Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

24  TERMINATION

24.1  AUTOMATIC TERMINATION

Your Account does not terminate automatically in respect of Parent Courses. However, we may retire or remove Parent Courses in accordance with clause 4(e). There is no refund if we retire a course, provided you had a reasonable opportunity to download it under clause 4(e).

24.2  TERMINATION FOR CONVENIENCE

Either party may terminate this agreement for convenience by providing 10 Business Days’ notice to the other party.

24.3  TERMINATION FOR BREACH

(a)  Either party may terminate this agreement immediately by written notice if there has been a Breach of this agreement.

(b)  A “Breach” of this agreement means:

(i)  a party considers the other party is in breach of this agreement and notifies that other party;

(ii)  the other party is given 10 Business Days to rectify the breach; and

(iii)  the breach has not been rectified within 10 Business Days or another period agreed between the parties in writing.

24.4  EFFECT OF TERMINATION

Upon termination of this agreement:

(a)  your Account will be terminated and you will no longer have access to the Offerings;

(b)  if you terminate this agreement in accordance with clause 24.1 and you have already accessed the Parent Courses, then you must pay our pre-estimated genuine losses as a result of you terminating this agreement after already accessing the Parent Courses;

(c)  each party must return all property and Confidential Information to the other party; 

(d)  each party must comply with all obligations that are by their nature intended to survive the end of this agreement; and

(e)  each party must stop using any materials that are no longer owned by, or licensed to, them when this agreement is terminated.

24.5  TUTORING PROGRAMME TERMINATION

If either party terminates the Tutoring Programme, clause 13(c) applies to refunds of Fees for lessons not attended.

25  GENERAL

25.1  GOVERNING LAW AND JURISDICTION

These terms is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

25.2  WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

25.3  SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

25.4  JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

25.5  ASSIGNMENT

You cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party. We can assign the rights or novate these terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email.

25.6  COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

25.7  ENTIRE AGREEMENT

These terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

25.8  INTERPRETATION

(a)  (singular and plural) words in the singular includes the plural (and vice versa);

(b)  (gender) words indicating a gender includes the corresponding words of any other gender;

(c)  (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d)  (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e)  (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(f)  (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

(g)  (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

(h)  (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(i)  (includes) the word “includes” and similar words in any form is not a word of limitation; and

(j)  (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.