Terms and Conditions

In these Terms, when we say you or your, we mean you, the individual who has engaged us to provide services. When we say we, us, or our, we mean LEAP English Pathways Pty Ltd (ACN 694 527 387). We and you are each a Party to these Terms, and together, the Parties. These Terms form our contract with you, and sets out our obligations as a service provider and your obligations as a customer. You cannot use our Services unless you agree to these Terms. Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms. For questions about these Terms, or to get in touch with us, please email: contact@leapenglishpathways.com. These Terms were last updated on 6 February 2026.

Please read these Terms carefully before you accept. We draw your attention to:

● our privacy policy (on our website) which sets out how we will handle your personal information;

● clause 3 (Recording of Sessions) which sets out the purposes and circumstances in which we may record a Session;

● clause 4 (Application, Attendance and Cancellation) which sets out fees that may be payable by you to us if you transfer, reschedule or cancel any Courses;

● clause 8.3 (Intellectual Property) which sets out how you allow us to use your intellectual property rights; and

● clause 12 (Liability) which sets out exclusions and limitations to our liability under these Terms. These Terms do not intend to limit your rights and remedies at Law, including any of your Consumer Law Rights.

1.1 These Terms apply from the Commencement Date until the date that is the earlier of:

(a) where applicable, the end date of the Course set out in the Course Details;

(b) the date the Services are completed (as reasonably determined by us); or

(c) the date on which these Terms are terminated, (Term).

2.1 In consideration of your payment of the Fees, we will provide the Services in accordance with these Terms, whether ourselves or through our Personnel.

2.2 We may provide the Services through online platforms including Zoom, Google Meet, Google Drive, WeChat, WhatsApp or other similar platforms (Third Party Platforms). You acknowledge and agree that:

(a) your use of any Third Party Platform is subject to the terms and conditions of the relevant Third Party Platform provider;

(b) we are not responsible for any issues, disruptions, or data handling practices of Third Party Platforms; and

(c) you are responsible for ensuring you have the necessary equipment, internet connection, and access to use the Third Party Platforms.

2.3 All variations to the Services must be agreed in writing between the Parties and will be priced in accordance with any schedule of rates provided by us, or otherwise as reasonably agreed between the Parties. If we consider that any instructions or directions from you constitute a variation to the scope of the Services or our obligations under these Terms, then we will not be obliged to comply with such instructions or directions unless agreed in accordance with this clause.

3.1 We may record Sessions for internal training, quality assurance, and improvement purposes. You acknowledge and agree that:

(a) Sessions may be recorded, and you will be notified when a Session is being recorded;

(b) participation in a recorded Session constitutes your consent to the recording;

(c) if you do not wish to be recorded in a particular Session, you must notify us before the Session commences, and we will use reasonable endeavours to accommodate your request; and

(d) recordings will be used solely for internal purposes and will be handled in accordance with our privacy policy.

This clause applies where you engage us to provide Services to you as part of a Course. Application and Enrolment

4.1 To enrol in a Course, you must:

(a) meet the eligibility requirements for the relevant Course as set out in the Course Details;

(b) complete the enrolment process by the applicable date set by us in the Course Details, including providing all required information and accepting these Terms; and

(c) pay the applicable Fees.

4.2 We reserve the right to place you in an appropriate Course or level based on your Application, skills, experience, and needs.

4.3 We reserve the right to accept or reject any Application in our sole discretion.

4.4 We will notify you of the result of your Application to your contact details set out in your Application and confirm your enrolment upon receipt of the deposit pursuant to these Terms.

4.5 The Fees for the Course remains payable in full, regardless of any late enrolments. Attendance

4.6 You agree to:

(a) read and understand the Course Details carefully to confirm you can attend all the relevant Sessions;

(b) attend at least 80% of scheduled Sessions to successfully complete the Course; and

(c) notify us as soon as reasonably practicable if you are unable to attend a Session.

4.7 If you miss a Session as part of a Course, you acknowledge and agree that substitute Sessions may be offered at our absolute discretion only and are subject to availability.

4.8 Subject to your Consumer Law Rights, we do not provide any pro-rata adjustments, credits or refunds to you for missed Sessions. Cancellation or Transfer

4.9 You may request to transfer or cancel your enrolment in a Course by contacting us by email or by any other process we notify you from time to time.

4.10 You must submit your request to transfer your enrolment in a Course to another equivalent Course no later than the end of the first week of the Course Period, subject to availability. Any requests to transfer after the first week of the Course Period will be considered a cancellation of the Course.

4.11 Subject to your Consumer Law Rights, if you cancel your enrolment in a Course:

(a) on or before the end of the first week of the Course Period, we agree to refund you 50% of the Fees paid by you up for that Course up until the effective date of Cancellation under this clause 4.11(a);

(b) after the end of the first week of the Course Period but on or before the end of the second week of the Course Period, we reserve the right to retain any Fees paid by you up until the effective date of Cancellation under this clause 4.11(b) and no refund will be provided, but we agree to release you from any further Fees payable for that Course; or

(c) after the end of the second week of the Course Period, your enrolment will be forfeited and you acknowledge and agree that you must pay us the Fees for the Course in full and no refund will be provided.

4.12 You acknowledge and agree that any fee charged to you pursuant to clause 4 is a genuine pre-estimate of the loss we may suffer as a result of your late notice cancellation or transferring of your enrolment in a Course, including any administrative costs.

5.1 You may book additional Sessions with us (including one-on-one or one-off Sessions) by email or other process as notified by us to you from time to time (Separate Sessions). Separate Sessions can be delivered separately or on top of a Course, and are subject to an additional fee as agreed between the Parties in writing.

5.2 You agree to attend the Separate Sessions at the agreed time and agreed frequency.

5.3 You may reschedule or cancel a Separate Session by giving us at least 2 Business Days’ notice in writing. Where you provide less than 2 Business Days’ notice to reschedule or cancel a Separate Session, you agree to pay us the full Fees for such Session and, subject to your Consumer Law Rights, no refund will be provided.

6.1 You agree to:

(a) comply with these Terms, all applicable Laws, and our reasonable requests;

(b) comply with any code of conduct, policies, procedures or other rules we provide to you;

(c) provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Services; and

(d) not (or not attempt to) disclose, or provide access to, the Services to third parties without our prior written consent.

6.2 You agree to pay our additional costs reasonably incurred as a result of you failing to comply with this clause 6.

7.1 In consideration for us providing the Services, you agree to pay all amounts due under these Terms in accordance with the Payment Terms.

7.2 If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion, and without prejudice to any of our rights or remedies under these Terms or at Law):

(a) after a period of 5 Business Days from the relevant due date, cease providing the Services and where applicable, remove you from the Course (and subject to these Terms and your Consumer Law Rights, no refund will be payable) , and recover, as a debt due and immediately payable from you, our reasonable additional costs of doing so (including all recovery costs); and/or

(b) charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 2% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the relevant due date in accordance with the Payment Terms.

7.3 When applicable, GST payable will be clearly shown on our invoices. You agree to pay us an amount equivalent to the GST imposed on these charges. “GST” has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

8.1 As between the Parties:

(a) we own all Intellectual Property Rights in Our Materials;

(b) you own all Intellectual Property Rights in Your Materials; and

(c) nothing in these Terms constitutes a transfer or assignment of any Intellectual Property Rights in Our Materials or Your Materials.

8.2 We grant you a non-exclusive, revocable, royalty-free, worldwide, non-sublicensable and non-transferable right and licence, to use Our Materials that we provide to you, solely for your use and enjoyment of the Services, as contemplated by these Terms.

8.3 You grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, non-sublicensable (other than to our related bodies corporate, as that term is defined in the Corporations Act 2001 (Cth)) and non-transferable right and licence to use, reproduce, modify, adapt and create derivative works from Your Materials that you provide to us, for the purpose of performing of our obligations or exercising our rights under these Terms, and for our internal training, quality improvement and development purposes, including to develop further products and services.

8.4 If you have any Moral Rights in any material provided, used or prepared in connection with these Terms, you agree to consent to our use or infringement of those Moral Rights.

8.5 This clause 8 will survive termination or expiry of these Terms.

9.1 Subject to clause 9.2, each Party must (and must ensure that its Personnel) keep confidential, and not use (except to perform its obligations under these Terms) or permit any unauthorised use of, information provided by the other Party, including information about these Terms and the other Party’s business and operations.

9.2 Clause 9.1 does not apply where the disclosure is required by Law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with these Terms and provided that the disclosing Party ensures the adviser complies with the terms of clause 9.1.

9.3 This clause 9 will survive the termination of these Terms.

10.1 Where you provide us with Personal Information, you must ensure that we are capable of collecting, using, storing and otherwise dealing with Personal Information, in the manner contemplated by these Terms, without infringing any third party rights or violating the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth), and any other applicable Laws relating to privacy (Privacy Laws).

10.2 We agree to handle any Personal Information you provide to us, solely for the purposes described in these Terms and to perform our obligations under these Terms, and in accordance with any applicable Laws.

11.1 Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights at Law, nothing in these Terms excludes those Consumer Law Rights.

11.2 Subject to your Consumer Law Rights, we provide all material, work and services (including the Services) to you without conditions or warranties of any kind, implied or otherwise, whether in statute, at Law or on any other basis, except where expressly set out in these Terms.

11.3 This clause 11 will survive the termination or expiry of these Terms.

12.1 You acknowledge and agree that we do not guarantee any particular result or outcome from your use of the Services and we are not liable to you for any Liability arising out of your failure to achieve any particular outcome or result.

12.2 Despite anything to the contrary but subject to your Consumer Law Rights, to the maximum extent permitted by Law:

(a) neither Party will be liable for Consequential Loss;

(b) a Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss; and

(c) (where our Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and

(d) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates.

12.3 This clause 12 will survive the termination or expiry of these Terms.

13.1 These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:

(a) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or

(b) the Defaulting Party goes bankrupt, insolvent or is otherwise unable to pay its debts as they fall due.

13.2 Upon expiry or termination of these Terms:

(a) we will immediately cease providing the Services;

(b) without limiting and subject to your Consumer Law Rights, any payments made by you to us for Services already performed are not refundable to you;

(c) you are to pay for all Services provided prior to termination, including Services which have been provided and have not yet been invoiced to you, and all other amounts due and payable under these Terms;

(d) by us pursuant to clause 13.1, you also agree to pay us our additional costs, reasonably incurred, and which arise directly from such termination (including recovery fees); and

(e) we may retain your documents and information (including copies) to the extent required by Law or pursuant to any information technology back-up procedure, provided that we handle your information in accordance with clause 9.

13.3 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

13.4 This clause 13 will survive the termination or expiry of these Terms.

14.1 Amendment: Subject to clause 2.3, these Terms may only be amended by written instrument executed by the Parties.

14.2 Assignment: Subject to clauses 14.3 and 14.9, a Party must not assign, novate or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

14.3 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.

14.4 Disputes: A Party may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) without first complying with this clause 14.4. A Party claiming that a Dispute has arisen must give written notice to the other Party specifying the nature of the Dispute (Dispute Notice). The Parties must meet (whether in person, by telephone or video conference) within 10 Business Days of service of the Dispute Notice to seek (in good faith) to resolve the Dispute. If the Parties do not resolve the Dispute within 20 Business Days of the date the Dispute Notice was served (or such further period as agreed in writing by the Parties), either Party may:

(a) where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre, to be conducted in Melbourne, Victoria, in accordance with the Australian Disputes Centre Guidelines for Commercial Mediation.

(b) where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Melbourne, Victoria, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

14.5 Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on the benefit of this clause:

(a) as soon as reasonably practical, notifies the other Party in writing details of the Force Majeure Event, and the extent to which it is unable to perform its obligations; and

(b) uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event. Where the Force Majeure Event prevents a Party from performing a material obligation under these Terms for a period in excess of 60 days, then the other Party may by notice terminate these Terms, which will be effective immediately, unless otherwise stated in the notice. This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under these Terms.

14.6 Governing Law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

14.7 Notices: Any notice given under these Terms must be in writing addressed to the addresses set out in these Terms, or the relevant address last notified by the recipient to the Parties in accordance with this clause. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

14.8 Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

14.9 Subcontracting: We may subcontract the provision of any part of the Services without your prior written consent. We agree that any subcontracting does not discharge us from any liability under these Terms and that we are liable for the acts and omissions of our subcontractor.

In these Terms, unless the context otherwise requires, capitalised terms have the meanings given to them in the Application Form, and: Application means your application to enrol in a Course with us. Application Form means the form provided by us to submit an application for enrolment in a Course and the document to which these Terms are attached or incorporated. Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time. Business Day means a day on which banks are open for general banking business in Melbourne, Victoria, excluding Saturdays, Sundays and public holidays. Commencement Date means the date that is the earlier of:

(a) the date that we accept your Application or request to provide you with a Separate Session;

(b) the date that you ask us to begin supplying the Services; or

(c) the date that you make part or full payment of the Fees. Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us the Fees and any other amounts payable under these Terms will not constitute “Consequential Loss”. Consumer Law Rights has the meaning given in clause 11.1. Course means our structured program of Sessions offered by us over a Course Period, as described in the Course Details. Course Details means the details of a Course provided by us, including the Course contents, assessments, duration, fees, requirements and other relevant details, as set out in the Application Form, our website, or as otherwise provided by us to you. Course Period means the period from the commencement date to the end date of a Course, as set out in the Course Details. Fees means the fees set out in the Course Details or as otherwise agreed between the Parties in writing, as adjusted in accordance with these Terms. Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic. Intellectual Property Rights or Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable. Law means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with these Terms or the supply of the Services. Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise. Moral Rights has the meaning given in the Copyright Act 1968 (Cth) and includes any similar rights in any jurisdiction in the world. Our Materials means all Intellectual Property which is owned by or licensed to us, including any Intellectual Property developed, adapted, modified or created by or on behalf of us or our Personnel in connection with these Terms or the supply of the Services, and any improvements, modifications or enhancements of such Intellectual Property, but excludes Your Materials. Payment Terms means the timings for payment of the Fees and any other amounts payable under these Terms, as set out in the Course Details or otherwise in writing between the Parties. Personal Information means information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable. Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us. Services means the services set out in the Course Details (where applicable) or otherwise provided by us in writing to you, as adjusted in accordance with these Terms. Separate Session has the meaning given in clause 5.1. Session means an individual class, lesson or training session forming part of the Services, whether delivered as part of the Course or as a Separate Session, or otherwise. Terms means these terms and conditions and any documents attached to, or referred to in, each of them. Your Materials means all Intellectual Property owned or licensed by you, including any Intellectual Property developed, adapted, modified or created by or on behalf of you in connection with these Terms, and any improvements, modifications or enhancements of such Intellectual Property, but excludes Our Materials.