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Terms of Service
1. Introduction
1.1 Who we are
Hello, we are Tutero Pty Ltd, a company incorporated and registered in Victoria, Australia with company number ACN 647 042 251, (we, our, us, Tutero). We are the owner and provider of the products and services offered on tutero.com.au (Tutero Website), including the personalised online tutoring platform (Tutoring Platform), math co-Teacher software (Teacher Software) and products and services that we may provide now or in the future via the Tutero Website (collectively, the Services).
1.2 These Terms
(a) These Terms are general terms which govern your relationship with us as a user of a Service (User). Additional terms may apply to you as a User registered as a student, a parent, a tutor, a teacher, or a school.
(b) By using a Service, you will be deemed to have understood and accepted these Terms, which form a binding agreement between you and us.
(c) If you are under 18 years of age or legally a minor in your relevant location, you represent that your legal guardian has reviewed and agreed to these Terms. If you do not get your parent or guardian to read and agree to these Terms, you are not allowed to use any of the Services.
1.3 Other applicable terms
(a) Our Privacy Policy, which sets out: (a) the terms on which we hold, use or disclose any personal information we collect from you, or that you provide to us; and (b) information about the use of cookies, will also apply to your use of our Services. By using our Services, you consent to such use and you warrant that all information provided by you is accurate.
(b) You also agree to abide by and use the Services in accordance with any notifications, instructions, additional terms and policies featured on the Tutero Website or provided by us to you from time to time.
1.4 Changes to these Terms and Interpretation
(a) We may revise these Terms at any time by providing at least 14 days’ notice to Users by email and the amended Terms will only become effective following that notice period. If you disagree with the revised Terms, you may elect to terminate your agreement with Tutero. If you do not do so before the date the revised Terms become effective, your continued access to or use of the Services will constitute acceptance of the revised Terms.
The Terms will also be updated on the Tutero Website from the time that they become effective. Please check the Tutero Website from time to time to take notice of any changes we make, as they are binding on you.
(b) If there is any inconsistency between these Terms and an Offer, these Terms will supersede the terms of the accepted Offer to the extent of the inconsistency.
2. Scope of Services
2.1 Provider of the Tutoring Platform
(a) Tutero provides Users with access to and use of the Tutoring Platform to enable Tutors and Tutoring Customers to connect, for Tutoring Customers to make Requests and Tutors to make Offers, and for Tutors to provide Tutoring Services to the Tutoring Customers.
(b) As the provider of the Tutoring Platform, Tutero does not offer, provide, request, submit, or control any Tutoring Services, Requests or Offers. Users alone are responsible for Requests they submit, the Offers they accept and Tutoring Services they provide. When Users accept an Offer, they are entering into a contract directly with each other in respect of the Tutoring Services. Tutero is not, and does not become, a party to or other participant in any contractual relationship between Users for the provision of Tutoring Services in any capacity.
2.2 Relationship between the Users of the Tutoring Platform
(a) Upon a Tutor providing an Offer upon receipt of a Request submitted by a Tutoring Customer via the Tutoring Platform and a Tutoring Customer accepting that Offer, the Tutoring Customer and the Tutor will be deemed to have entered into a separate agreement for the Tutoring Services the subject of the Offer, which shall comprise these Terms and such other terms agreed between those parties. You agree that any such agreement to which you are a party will not contain any terms that are inconsistent with these Terms and that you are solely responsible for enforcing any rights that you may have under such an agreement.
(b) It is acknowledged and agreed that:
(i) the Tutoring Services are provided to Tutoring Customers by Tutors and not Tutero;
(ii) the Tutors are responsible and liable for the provision of the Tutoring Services;
(iii) Tutero is not responsible or liable for, and has no input into or control over, the provision of the Tutoring Services; and
(iv) Tutero is not responsible or liable for a Tutoring Customer's use of, or reliance on, the Tutoring Services.
2.3 Limited licence to the Teacher Software
(a) If you are approved by us to be a User of the Teacher Software, we grant you a non-exclusive, non-transferable, revocable and limited licence to use the Teacher Software for educational purposes to facilitate students’ learning in classrooms.
(b) Your use of the Teacher Software may be subject to any limitations as set out in the Software Documentation from time to time.
3. Your obligations
3.1 Registration
(a) You agree that you will provide truthful and accurate information in the online registration form.
(b) If you are a parent who is creating an account for your child / children, you agree that you will provide truthful and accurate information about your child/children in the online registration form.
(c) You may not register if you are already registered or if you were previously a registered User and we cancelled your account as a result of you being in breach of these Terms.
(d) You are responsible for maintaining the confidentiality of your password and account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of the Services by you or any person or entity using your password, whether or not such access or use has been authorised by you.
(e) You must immediately notify us of any unauthorised use of your password or account or any other breach of security. We will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these Terms.
(f) You are responsible for ensuring that the information we hold about you is up to date. Please update your online profile as appropriate from time to time or contact us if you require assistance.
(g) Please refer to our Privacy Policy for further explanation as to how we use the personal information we collect from you.
3.2 Your responsibilities
(a) You are responsible for making all IT arrangements necessary to use the Services.
(b) You may use our Services only for lawful purposes. In particular, but without limitation, you may not use the Services:
(i) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(ii) to send, or procure the sending of, any unsolicited or unauthorised electronic communication, advertising or promotional material or any other form of similar solicitation or spam; or
(iii) to knowingly transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Services or any computer software or hardware.
(c) You must:
(i) not to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute or attempt to do so, all or any portion of the Tutoring Platform, Teacher Software or any other Services (or any content within it) in any form or media or by any means;
(ii) not to access all or any part of the Tutoring Platform, Teacher Software or any other Services (or any content within it) in order to build product(s) that compete with Tutero’s business; and
(iii) not to interfere with, damage or disrupt: (A) any part of the Services; (B) any equipment or network on which the Services are stored; (C) any
software used in the provision of the Services; or (D) any equipment or network or software owned or used by any third party.
3.3 Uploaded Content and contact with other Users
(a) The content of all communication by Users taking place via a Service, and any information, documents or content uploaded to and/or transmitted via a Service by Users (Communication), must:
(i) comply with applicable law;
(ii) not infringe any copyright, database right or trade mark of any other person;
(iii) not be likely to deceive any person; and
(iv) not be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
(b) You grant us a non-exclusive, royalty-free, worldwide, perpetual licence to host, copy, store and make available such Communication.
(c) You warrant that any Communication complies with clause 3.3(a), and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of such warranty. We will not be responsible, or liable to any third party, in respect of the content of any Communication.
(d) You acknowledge that:
(i) you are responsible for your interactions with other Users;
(ii) we make no representations or warranties as to the conduct of other Users; and
(iii) we shall not be in any way liable for the conduct of any other Users.
4. Tutero’s obligations
4.1 Availability of the Services
To the maximum extent permitted by law, our Services are provided on an "as is" basis without any warranties of any kind. We make no representations, warranties or guarantees of any kind regarding the availability or operation of the Services or that the Services will be secure, uninterrupted or free of defects.
4.2 Updates and modifications
(a) We may from time to time and without any requirement of any action on your part, as part of the Services:
(i) implement updates to the Services which may be implemented automatically; or
(ii) make modifications to the Services or particular components of the Services including to add or remove features and functionality from time to time.
(iii) Your access to the Services may be suspended or restricted occasionally to allow for such maintenance, repairs, upgrades, or the introduction of new facilities or services. We will always try to limit the frequency and duration of any planned disruption but we will not be liable to you if for any reason a Service is unavailable at any time or for any period.
4.3 Computer viruses
(a) We will use reasonable endeavours to ensure that no part of our Services will contain or spread any viruses or other malicious code. However, we recommend that you ensure that computers and other devices used to access the Services run up-to-date anti-virus software as a precaution, and you are advised to virus-check any materials downloaded from our Services and regularly check for the presence of viruses and other malicious code.
(b) We will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any content from it, or from any website linked to it.
5. Fees for Tutoring Customers
5.1 Tutoring Platform
(a) You must pay a Tutorial Fee (GST inclusive) to your Tutor for the provision of the Tutoring Services in accordance with clause 6.1(a).
(b) If you choose to purchase a pre-paid package of Tutoring Sessions with your Tutor, you must pay the total Tutorial Fees upfront in accordance with clause 6.1(b). You may change Tutors while using your pre-paid package provided that the Tutorial Fees are the same between your current Tutor and the new Tutor.
5.2 Cancellation Fees
(a) If you cannot attend a Tutoring Session, you must provide your Tutor or your Tutoring Customer with notice at least 24 hours prior to the scheduled Tutoring Session.
(b) If you are a Tutoring Customer, and you give less than 24 hours’ notice of cancellation of your scheduled Tutoring Session to your Tutor, the Tutor may charge you a Cancellation Fee.
5.3 Teacher Software
Access to and use of the current version of the Teacher Software itself is free but we may develop and release a new version of the Teacher Software which will be charged on a subscription basis.
6. Payment terms for Tutoring Customers
6.1 Tutorial Fee
(a) Once your Tutor confirms that a Tutoring Session is completed (or if we are satisfied that the Tutoring Session is completed), then we will process the payment on behalf of your Tutor by charging the Tutorial Fee to your nominated credit card using the credit card information you provided to us at registration and releasing the Tutorial Fee (after we deduct our Service Fees payable by your Tutor) to your Tutor.
(b) If you choose to purchase a pre-paid package of the Tutoring Sessions, we will:
(i) process the payment upfront on behalf of your Tutor by charging the total Tutorial Fees as a package to your nominated credit card using the credit card information you provided to us at registration and releasing the Tutorial Fee (after we deduct our Service Fees payable by your Tutor) for each Tutoring Session to your Tutor once your Tutor confirms that a Tutoring Session is completed (or if we are satisfied that the Tutoring Session is completed); and
(ii) continue to hold the remaining pre-paid Tutorial Fees as agent for your Tutor and progressively release the corresponding Tutorial Fees for completed Tutoring Sessions to your Tutor in accordance with clause 6.1(b)(i) until all the pre-paid Tutoring Sessions are completed.
6.2 Suspension of the Tutoring Services
(a) If we are unable to process the payment through your nominated credit card due to insufficient funds or any other reasons caused by you, we will notify you and you must rectify such issues as soon as possible within 48 hours.
(b) If such payment issues remain for longer than 48 hours, we may, without limiting our or your Tutor’s other rights and remedies, suspend your access to the Tutoring Platform and Tutoring Services until all outstanding amounts are paid in full by you.
6.3 No refund by Tutero
(a) You acknowledge that once the Tutorial Fee is charged by us on behalf of your Tutor and a Tutoring Session has been completed, the Tutorial Fee is non-refundable by Tutero and we have no liability to you in respect of the Tutorial Fee.
(b) If you are not satisfied with the Tutoring Service in your first Tutoring Session, you need to provide your Tutor with reasons and supporting evidence. Your Tutor at his/her own discretion may arrange a refund of the Tutoring Service through the Tutoring Platform.
7. Intellectual Property Rights
7.1 Tutero Content
You acknowledge that all Intellectual Property Rights in the Services and all materials provided by us as part of the Services including but not limited to text, graphics, photos, logos, button icons, images, trade marks, audio and audio visual clips, databases, data compilations, data and software (but excluding any content uploaded by Users) (together the Tutero Content) are (as between you and us) owned and controlled by or licensed exclusively to us. You may not copy, adapt, display, communicate to the public or otherwise use any Tutero Content except as enabled and permitted by us as part of the Services.
7.2 User Content
(a) We acknowledge that all the Intellectual Property Rights in our Services and the Tutero Content do not include the Intellectual Property Rights in the User Content.
(b) You agree that we may use the User Content to perform our obligations under these Terms.
(c) We will store and use the User Content in accordance with our Privacy Policy, which can be viewed on the Tutero Website.
8. Limitation of liability
(a) To the maximum extent permitted by law and subject to clause 9, you acknowledge and agree that:
(i) it is a condition of accessing the Services that we shall not be liable for any harmful effect that accessing the Services may have on you, and you agree that you access and use the Services entirely at your own risk; and
(ii) we make no representations, warranties or guarantees of any kind in respect of the Services or any content available through the Services and all conditions, warranties and representations express or implied are hereby excluded to the full extent permitted by law.
(b) Without limitation to the generality of the foregoing and to the maximum extent permitted by law, whether in contract, tort (including, without limitation, negligence), breach of statutory duty, or otherwise:
(i) we will not be liable to you for any loss or damage arising under or in connection with:
(A) use of, or inability to use, the Tutoring Services;
(B) use of or reliance on any Communication; or
(C) the acts or omissions of any other User;
(ii) we will have no liability to you for any indirect or consequential losses of any kind or for any loss of revenue, profit, business opportunity, contracts, data or goodwill (whether direct or indirect) arising out of or in connection with these Terms, and/or the Services; and
(iii) our total liability to you in respect of any and all loss and/or damage arising out of or in connection with these Terms, and/or the Services, will be the lesser of the Service Fee paid to Tutero for the use of the Tutoring Platform in the 12 months preceding the last event giving rise to the liability and $10,000.
(c) The liability of a party for loss or damage sustained by another will be reduced proportionately to the extent that such loss or damage has been caused by another party’s failure to comply with its obligations and responsibilities under these Terms and to the extent that the negligence or other wrongful act or omission of the other party has contributed to such loss or damage, regardless of whether a claim is made by the other party for breach of contract or for negligence or under an indemnity.
9. Australian Consumer Law
(a) If you are a ‘consumer’ within the meaning of the Australian Consumer Law (which is set out under Schedule 2 of the Competition and Consumer Act 2010 (Cth)), nothing in these Terms is intended to remove your rights under the Australian Consumer Law, including to statutory guarantees that may apply to the Services and anything else supplied by Tutero under these Terms. If Tutero is entitled to limit the remedies available to you for breach of such guarantees, we expressly limit our liability as set out below.
(b) You agree that Tutero’s liability for a failure to comply with a guarantee under the Australian Consumer Law in relation to any goods or services supplied under these Terms is limited to, at the option of Tutero, one or more of the following: (i) the replacement of the goods or services, or the supply of equivalent goods or services; or (ii) the payment of the cost of replacing the goods or of supplying the services again.
10. Indemnity and release
10.1 Indemnity by you
To the extent permitted by law, you agree to indemnify, hold harmless and defend us from and against all third party claims, liabilities, damages, expenses and costs that we may suffer or incur as a result, whether directly or indirectly, of:
(a) any breach or alleged breach of these Terms or any other terms applicable to the Services by you;
(b) your access, use or misuse of the Tutoring Services;
(c) your failure to comply with applicable laws;
(d) the infringement by you or any third party using your account of any intellectual property, privacy, or other right of any person or entity including in connection with your User Content; or
(e) your breach or alleged breach of any agreement between you and any other Users.
10.2 Our rights
We reserve the right to assume the exclusive defences and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims.
10.3 User interaction and release
If you have a dispute with one or more Users, you release us from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes including any types of damages unless such a dispute is caused by Tutero’s wilful breach of these Terms.
11. Termination or suspension
(a) Subject to any additional terms which are applicable to you, either you or Tutero may terminate your account and these Terms at any time for any reason.
(b) We may, in our sole discretion, terminate or temporarily suspend your password, account (or any part thereof) or use of the Services without notice if you are in breach of these Terms or if we believe in our reasonable discretion that your use of the Services is unsuitable in any way.
(c) Clauses 5 (Fees), 6 (Payment), 8 (Limitation of liability), and 10 (Indemnity and release) and any other terms which by their nature should continue to apply, will survive any termination of these Terms.
12. General
12.1 Assignment
(a) We may assign, subcontract, or otherwise transfer any or all of our rights and obligations under these Terms by providing you with reasonable notice.
(b) You may not assign, subcontract or otherwise transfer any of your rights or obligations under these Terms without our prior written consent.
12.2 Force majeure
Failure by us to perform any of our obligations under these Terms (or a delay in such performance) due to a Force Majeure Event, will not constitute a breach of these Terms. We will:
(a) promptly give you notice of the Force Majeure Event and an estimate of the non-performance and delay;
(b) take all reasonable steps to overcome the effects of the Force Majeure Event; and
(c) resume performance as soon as practicable after the Force Majeure Event no longer affects any party,
provided that if a Force Majeure Event continues for a period of 30 days or more, you may terminate the Services with immediate effect by providing notice to us.
12.3 Governing law
You agree that these Terms are governed by the law of the State of Victoria, Australia and you consent to the courts of Victoria, Australia having exclusive jurisdiction over any disputes arising in respect of or in relation to these Terms and your use of the Services.
12.4 Legal relationship
We are engaged by you for the provision of the Services. No agency, partnership, joint venture, employee-employer or other similar relationship is created by these Terms.
12.5 Notice
Unless otherwise stated, any notices must be given by email to our email address as displayed on our Tutero Website or your email address as provided at registration. Any notice is deemed to be received 24 hours after the email is sent unless that email address is invalid or undeliverable.
12.6 Severance
If any provision or part of a provision of these Terms is held to be illegal, invalid, unenforceable or against public policy pursuant to a final adjudication by a court of competent jurisdiction, such provision will be deemed severed from these Terms and the remainder of these Terms will remain in full force and effect.
12.7 Waiver
A waiver of any right under these Terms is only effective if it is in writing and signed by the party granting it.
13. Definitions
Other than the terms which have been defined elsewhere in these Terms, other capitalised terms have the following meanings:
Cancellation Fee means 50% of the Tutorial Fee or as otherwise determined by a Tutor and set out in the Offer;
Force Majeure Event means any unforeseeable event or occurrence which is beyond the reasonable control of the affected party, including strikes, failure of a utility service or transport or telecommunications or wireless network, natural disasters, acts of God, wars, terrorism, riots, civil commotion, malicious damage, pandemics, epidemics, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery;
Intellectual Property Rights means:
(a) all rights conferred by statute, common law or in equity and subsisting anywhere in the world in relation to:
(i) registered and unregistered copyright;
(ii) inventions (including patents, innovation patents and utility models);
(iii) registered and unregistered designs;
(iv) registered and unregistered trade marks; and
(v) circuit layout designs and rights in databases, whether or not any of these are registered, registrable or patentable;
(b) any licence or other similar right from a third party to use any of the above;
(c) any applications and the right to apply for registration of any of the above; and
(d) any rights of action against any third party in connection with the rights in paragraphs (a) to (c) above, including any right to claim (and retain) any damages and other remedies (including an account of profits) for infringement,
whether or not such rights are registered or capable of being registered, including those created before these Terms were accepted by you but excluding moral rights and similar personal rights which by law are non-assignable;
Offer means an offer from a Tutor setting out the details of the Tutoring Service including the applicable Tutorial Fee after receiving the Requests;
Privacy Policy means our privacy policy located here https://www.tutero.com.au/info/privacy-policy;
Request means a request for Tutoring Services submitted via the Tutoring Platform by a Tutoring Customer pursuant to these Terms;
Service Fee mean the service fee payable by a Tutor to us for the use of the Tutoring Platform;
Software Documentation means Tutero’s documentation provided or made available to authorised Users in relation to the permitted use of the Teacher Software;
Tutor means a User who uses the Tutoring Platform to receive Requests and/or provide Offers, and to enable the Tutor to provide the Tutoring Services;
Tutorial Fee means the fees payable by the Tutoring Customer to the Tutor for each Tutoring Session;
Tutoring Customer means a User who uses the Tutoring Platform to submit Requests and/or accept Offers;
Tutoring Services means private tutoring, group tutoring, coaching, teaching, mentoring or other related services as may reasonably be requested by a Tutoring Customer;
Tutoring Session means a single tutoring lesson to be provided by a Tutor to his / her Tutoring Customer;
Terms means these terms of service which may be updated by us from time to time; and
User Content means all data you make available to us or maintained through use of our Services.
Last updated 4 April 2024.