1) Purpose of This Document
Hello, we’re Tutero (we, us), an entity wholly owned by Tutero Pty Ltd (ACN 647 042 251). These Terms of Service (Terms) are here to ensure you understand your rights and obligations when you access, navigate, and use the Tutero Software (the Software) and its Services (as defined below).
Charges means the sums to be paid for the Licence and the Services and any other charges set out in the Registration Form.
User Data means all data you make available to Tutero or maintained through use of the Software, Services or Website.
Documentation means operating or user manuals and associated materials provided by Tutero in respect of the Software.
Intellectual Property Rights means any patent, trade mark, service mark, copyright, moral rights, right in a design, know-how, confidential information and all or any other intellectual or industrial property rights.
Services means the tutoring services set out on the Website.
Software means the Tutero software, as updated by any subsequent release, but excludes any third-party software.
Website means the website from which Tutero make the Software available.
Tutoring Session means a live online lesson between you and a tutor for a specified length of time, aimed at providing academic support.
3) Terms and Access
3.1) Any reference in these Terms to “you” or “your” or "Customer” means any person accessing, viewing or using the Software and/or Services.
3.3) Tutero may amend these Terms at any time at its sole discretion. By continuing to use the Software and/or Services, you will be deemed to have accepted any revised terms from the date that they are published on the Website.
3.4) Tutero grants you a non-exclusive, non-transferable licence to access, use and navigate the Software, Services and Website subject to you complying with these Terms.
3.5) Tutero reserves its right to investigate and take appropriate legal action for any illegal and/or unauthorised use of the Software, Services, Website, or breach of these Terms.
3.6) Your right to access and use the Software commences on the date that Tutero first gives you access to the Software and will continue until terminated in accordance with these Terms.
3.8) Tutero will provide you with an initial login name and password to enable you to access the Software.
4) Your obligations
4.1 You must not:
a) circumvent or disable the Software;
b) copy, adapt or modify the Software except as expressly permitted by these Terms;
c) decompile or reverse engineer the Software;
d) develop any product that would compete with the Software;
e) copy any Documentation, except for your own back-up purposes;
f) undermine the security and integrity of Tutero systems;
g) impair the functionality of the Software or any other user’s ability to use the Software;
h) attempt to change, add to, remove, deface, hack or otherwise interfere with the Software, Services or Website or any material or content displayed on the Software, Services or Website unless expressly permitted by Tutero or these Terms; and
i) keep confidential the login details assigned to you.
4.2 You will:
a) use the Software at your own risk;
b) be responsible for your internet connection, device configuration and implementation of the Software;
c) be responsible for determining that the Software meets your needs; and
d) provide Tutero with information and access so that Tutero can perform the Services.
5) Tutero Services
5.1) Tutero will make the Software available and provide Services on the terms set out on the Website.
5.1.1) With Tutero’s Tutoring services we will provide:
5.2) Tutero will use reasonable commercial endeavours to make the Software available 24 hours a day with the exception of clause 5.3.
5.3) You agree that Tutero may conduct maintenance of the Software, Services or Website at any time and that this maintenance may interrupt your access to the Software, Services or Website.
6) Charges and Payment for Premium Services
6.1) Tutero will charge your payment method following each session that is conducted with and marked as completed by a Tutero tutor. This charge will include the lesson fee and any platform charge that is owed.
6.2) All money unpaid to Tutero will be immediately payable, without set-off or deduction.
6.3) Tutero reserves the right to suspend or terminate access to the Software and Services until payment is made.
6.4) If you were referred to the Tutero service by a third-party, such as a tutoring company, you accept that you are aware that this party may be earning a financial incentive (referral commission) for suggesting that you use of the Tutero product.
6.5) Tutero reserves the ultimate right to determine if a customer is eligible in a refund for any lesson, including the first lesson.
7) Tutoring session cancellation policy
7.1) If you can not attend a session, you must provide your tutor with notice at least 24 hours prior to the scheduled lesson. If notice is given less than 12 hours before the scheduled lesson, a 50% cancellation fee will be charged.
7.1.1) In cases where a lack of due notice is unavoidable, the tutor must be notified as soon as possible. Whilst the tutor still possesses the right to charge the cancellation fee, in most cases they will be happy to reschedule.
7.2) In the case that your assigned tutor, for whatever reason, can no longer tutor you, Tutero will endeavour to provide you with another tutor of similar qualifications, experience and price, and look to begin immediately.
8) Intellectual Property Rights and Client Data
8.1) All material displayed on the Software, Services or Website, including but not limited to all information, photographs, graphics, illustrations, artwork, names, logos, trademarks, documentation, copy writing and design features (Tutero Intellectual Property), must not be used for any purpose, commercial or otherwise, without our express prior written consent.
8.2) You agree not to copy, imitate, reproduce, reverse engineer, sell, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Tutero Intellectual Property for any purpose, commercial or otherwise, to any third party in whole or in part without Tutero’s express prior written consent.
8.3) You acknowledge that if you do copy, imitate, reproduce, reverse engineer, retransmit, distribute, disseminate, sell, publish, broadcaster circulate any Tutero Intellectual Property, we will suffer loss and damage and you agree to indemnify us for any such loss and damage.
8.4) Tutero does not grant any licence or right in or assign all or part of the rights of the Tutero Intellectual Property to you.
8.5) You warrant that you will not infringe the Intellectual Property Rights of Tutero.
8.6) You own all Intellectual Property Rights in the User Data, but Tutero may:
a) use the User Data to perform its obligations under these Terms; and
b) aggregate the User Data for benchmarking and statistical purposes on an anonymous basis.
8.7) You are responsible for ensuring that Tutero has the right to use the Vendor Data. We will not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User Data.
9.1) The Software is provided on an "As-Is" basis without warranty of any kind. Tutero does not warrant that the functions in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. The risk as to the quality and performance of the Software is with you.
9.2) You agree that your use of the Software, Services and the Website are at your own risk and you accept and agree that you will not seek to hold Tutero accountable for any loss or damage, loss of profits, or any consequential, special, indirect or incidental loss or damages, however caused, that you or any third party may suffer as a result of your use of the Software, Services and/or the Website, and that you will indemnify Tutero for any such loss and damage we suffer as a result of claims brought against us by any party as a result of your use of the Services and/or the Website.
9.3) All representations or warranties (statutory, express, or implied) except any that may not be lawfully excluded, are expressly excluded.
9.4) Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded.
9.5) To the fullest extent of the law, you agree to indemnify Tutero from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including legal fees) arising out of, or in anyway related to, your breach of any of the provisions of these Terms and/or your use of the Software, Services and Website.
9.6) Tutero does not guarantee that use of the Services or Software will lead to an improvement in academic performance or results.
10.1) Tutero reserve its right to suspend or terminate your access to the Software, Services or Website at its sole discretion where Tutero holds a reasonable apprehension that you have or may have breached these Terms. If Tutero suspects you are or may be in breach of these Terms, we will endeavour to notify you of that breach and ways in which you can remedy it.
10.2) The discontinuation of Tutero’s services by you can occur at any time and for any reason. However, cancellation fees may apply in accordance with 7.1.
10.3) Clauses 8 and 9 will survive discontinuation.
11.1) Tutero is permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent to you. You may not assign, transfer or sub-license any of your rights and/or obligations under these Terms without Tutero’ prior written consent. A change in the legal or beneficial ownership or control of your entity will be deemed to be an assignment.
11.2) Tutero may amend these Terms (including the Charges) on posting the new terms on the Website. Your continued use of the Software will constitute acceptance of the amended Terms.
11.3) If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
11.4) These Terms are governed by Australian law.
Last updated 19 May 2022.