General :

These are the Terms and Conditions of use of the website. By using the website, you agree to abide by these Terms of Use.

TutorSmart (the “Site”) is a virtual marketplace that connects Students with Tutors who offer to provide the specialized service and support the Students need. Where Students are minors, the Students’ Parents or Guardians are critical participants. This document outlines how our Site operates and the terms and conditions under which you can participate in our marketplace.

We want to create a safe and secure learning community for our Tutors and Students (and, where applicable, their Parents and Guardians). We understand you share this aspiration and these Terms of Use will help us achieve this goal.

The term “you” or “You” or “User” or “Users” refers to any person or entity who views, uses, accesses, browses or submits any content or material to the Site. “Us” or “We” refers to TutorSmart Pty Ltd ABN 39202823082.

You accept them by:

(a) contracting for tutoring lessons through the Site;

(b) using the Site in any other manner; and/or

(c) acknowledging agreement with these Terms.

Services :

TutorSmart provides a marketplace to connect Students and Tutors but we do not endorse any Tutor nor do we guarantee that any particular Tutor will deliver the particular results you want. You are responsible for assessing the skills and capabilities of any prospective Tutor. Before engaging any Tutor, You should review and investigate each Tutor’s self-reported credentials, education, and experience, as well as reviews from other students. You should also investigate whether the Tutor has a valid Working with Children Check if they are 18 or older.

Your obligations and conduct :

ELIGIBILITY:

To use our Site you must

  • register; and
  • comply with these Terms and any relevant laws; and
  • have not previously been suspended or removed from our Site.

 

In consideration of your use of the Site, You agree:

(a) to provide accurate, current, and complete information about you as may be prompted by a registration form on the website (“Registration Details”);

(b) to maintain the security of your password and identification;

(c) to maintain and promptly update the Registration Data and any information you provide to TutorSmart, to keep it accurate, current and complete; and

(d) to accept all risks of unauthorized access to information and Registration Data.

POSTING CONTENT:

You are entirely responsible for all Content that you upload, post, or otherwise transmit through your use of the Site (“Content”). You agree not to upload, post or otherwise transmit Content that:

(a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to TutorSmart or other users of the Site;

(b) includes unauthorized disclosure of personal information;

(c) violates or infringes anyone’s intellectual property rights; or

(d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. TutorSmart reserves the right to edit or remove Content that violates these Terms, that contains third-party commercial advertisements, or for any other reason it deems necessary.

RESPONSIBLE CONDUCT:

You agree to use the Site in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Site that TutorSmart, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice.

Conduct that is inappropriate and/or offensive includes, but is not limited to:

  • Defaming, abusing, harassing, harming, stalking, threatening, bullying or otherwise violating the legal rights (including without limitation rights of privacy and publicity) of others;
  • Publishing, posting, uploading, distributing or disseminating any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
  • Using the Site for any purpose that is in violation of any applicable law, including without limitation wage/hour and working condition laws and regulations;
  • Uploading files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
  • Uploading files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
  • Taking any action that would undermine any aspect of the Site;
  • Attempting to gain unauthorized access to the Site, other User accounts, or other device, computer system or networks connected to the Site;
  • Advertising or offer to sell any goods or services for any commercial purpose on the Site that are not appropriate or relevant to the Site;
  • Impersonating another person or allow any other person or entity to use your user name, password or membership;
  • Posting the same content repeatedly or spam – spamming is strictly prohibited;
  • Downloading any file posted by another user that you know, or reasonably should know, cannot be legally distributed through the Site;
  • Accessing, downloading, or copying any information, content and/or materials from the Site through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
  • Reproducing, duplicating, copying, selling, re-selling or exploiting any information, materials or content on the Site; or
  • Restricting or inhibiting any other user from using and enjoying the Site.

AUTHORISING VERIFICATION:  

By Registering or using our Site, you are authorising TutorSmart to verify any representations and warranties by you.

You agree and acknowledge that by Registering or using our Site you are authorising us to, among other things, conduct criminal background checks, check the sex offender registry, verify your identity and qualifications and request credit and bankruptcy checks. You consent to any collection, use or disclosure of your information necessary to verify your identity, qualifications, experience or character. You further agree that We may take any other action as we, in our sole discretion, deem appropriate, including without limitation suspending and/or terminating your use of the Site, should it determine that you have violated any representation or warranty.

You acknowledge and agree that We have the right, but not the obligation, to verify such representations and warranties.

LIMITATION OF LIABILITY:

We expressly disclaim, and you expressly release Us from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to:

(a) the inaccuracy, untimeliness or incompleteness of any User’s information; and/or

(b) any User’s misstatements or misrepresentations.

Confidentiality :

By using our site, You will obtain access to confidential information. You must hold Confidential Information in strict confidence and must not republish, release, misuse or inappropriately handle Confidential Information (or information that You should reasonably know is confidential).

All right, title and interest in the Confidential Information remains with TutorSmart and its affiliates.

Confidential Information includes, but is not limited to, the personal information of Users and Tutors, technical, contractual, product, program, pricing, marketing and other information that should reasonably be understood as confidential.

Your obligation to protect and respect Confidential Information does not cover information that:

(a) you possessed prior to your receipt from Us, without an obligation to maintain its confidentiality;

(b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms;

(c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential;

(d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or

(e) is required by Law, in accordance with a valid Court order or consistent with a direction from a regulatory or governmental body.

Terms of transacting business :

You understand and agree to abide by Our payment policies and agree that you are willing to pay all costs associated with the services through TutorSmart.

These costs include, but are not limited to:

(a) a Tutor’s hourly rate as listed;

(b) cancellation fees as described in our cancellation policy, which can be found under ‘How it Works’ on the Site; and

(c) the commission arrangement between the Tutor and TutorSmart.

Content provided via links :

You may find links to other websites or resources on our Site.

By using our Site You acknowledge and accept that We are not responsible for the availability, legitimacy or currency of such external sites or resources, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

We are not responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

We want our Site to be safe, useful and current so if you identify and problematic content, let us know and we’ll respond appropriately.

Intellectual property rights :

APPROPRIATE USE:

If you are using our Site solely for your own personal, non-commercial use, We grant you permission (which may be revoked at any time for any reason or no reason) to use our Site in accordance with our Terms of Use.

This permission depends on your conduct and permission will be revoked if you remove, or try to remove, any trademark, copyright or other notice contained on such pages.

We want to emphasise that you can use our Site only in a manner consistent with its intent and purpose. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache.

LINKING AND SCRAPING:

Except as specifically authorized by Us, you may not deep-link to the Site for any purpose or access the Site manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Site or any information, content, or material on the Site.

We reserve all of our statutory and common law rights against any person or entity who violates these Terms of Use.

You may not link or frame to any pages of the Site or any content contained therein, whether in whole or in part, without our prior written consent.

You may however like or follow TutorSmart or share links to the Site via social networking technology referenced on the Site.

Any rights not expressly granted herein are reserved.

RESPECTING OTHERS’ RIGHTS:

A collaborative and collegiate learning environment needs all parties to respect each others’ intellectual property (“IP”) rights. We respect the IP rights of our Users, Tutors and Partners and we expect You to do the same.

Except as expressly authorized by Us or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software We make available to You, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.

“TutorSmart Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations We use in connection with its products and services. You may not remove or alter our Trademarks, or co-brand your own products or material with our Trademarks, without Our prior written consent.

You acknowledge Our exclusive rights in our Trademarks and agree not to incorporate Our Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.

PRIVACY:

In order to provide Tutoring services we may collect and retain "Personal Information" that may identify you or contribute to identifying you. "Personal Information" can include information such as your name, email address, your photo, contact details and, in some cases, qualifications and credentials. We will not collect your personal information unless it's required.

We will only collect your personal information from you or from someone you've authorised to provide it to us. We will also only collect information by lawful and fair means and not in an unreasonably intrusive way. We won't ask you for personal information about someone else unless it's needed to provide you with the service, advice or information you've requested but if you provide us with information about another person, you need to ensure that you are authorised to disclose that information to us. It's your responsibility to ensure that they understand how we will collect, use or disclose the information you provide. You need to take reasonable steps to ensure that they understand that we will not take any additional steps to confirm their understanding of these issues.

When we collect your information

When you use our Site we may collect personal information about you. Because we take your privacy seriously we will take reasonable steps to ensure that you are aware of:

  • who we are and how you can contact us; and
  • how you can gain access to the information we have collected about you; and
  • the purposes for which the personal information is collected; and
  • the organisations (or the types of organisations) to which we may disclose your personal information; and
  • the laws that requires us to collect this information; and
  • the main consequences (if any) for you if you choose not to provide us with personal information about you.

Termination and suspension :

TutorSmart reserves the right to suspend and/or terminate any user with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no further use of the Site after termination or during suspension.

Disclaimer of warranties :

Use of the site is at your sole risk unless otherwise explicitly stated. The site, including the information, services, and content, is provided on an “as is”, “as available”, and “with all faults” basis.

To the extent allowed by law, we disclaim all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, or fitness for a particular purpose. TutorSmart makes no representations, warranties, conditions or guarantees as to the usefulness, quality, suitability, truth, accuracy, or completeness of the site.

we makes no warranty or representations that:

(a) the Site will be uninterrupted, timely, secure, or error-free;

(b) the results that may be obtained from the use of the Site will be accurate or reliable;

(c) the quality of any products, services, content, information, or other material purchased or obtained from tutors will meet your expectations or requirements; or

(d) any errors in the Site will be corrected.

You assume all risk for any damage to your computer system or loss of data that results from obtaining any content from the Site, including any damages resulting from computer viruses.

Notices; modification and termination of services; amendment of terms :

We may provide notice to You via email, regular mail, or posting notices or links to notices on the Site.

We reserve the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice.

We may also delete, or bar access to or use of, all related information and files.

We will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information.

We may amend these Terms at any time by posting the amended terms on this Site.

Entire agreement :

These Terms constitute the entire agreement between you and Us relating to their subject matter, and cancel and supersede any prior versions of the Terms.

You may not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use TutorSmart or third-party products or services.

Last Updated on 29 September 2019.

If you have a complaint, question or feedback in relation our service, please email Us at the following email address:

info@tutorsmart.com.au