In these User Terms and Conditions (Terms) “we”, “us” or “our” mean Zenith Digital Vision Pty Ltd trading as ‘Tutornova’ (ABN 99 120 195 488), its successors and assignees, and “you” or “your” mean the person, organisation or entity that uses our Site or purchases or receives the Tutoring Services from us, collectively the Parties.
These Terms form the agreement under which you will use our Site and we will supply the Tutoring Services to you. Please read these Terms carefully. If you have any questions, please contact us before using our Site or purchasing or receiving the Tutoring Services by using the contact details below.
ACCEPTANCE AND COMMENCEMENT DATE
These terms will commence and you accept these Terms, by using our Site, or purchasing or receiving Tutoring Services from us (Commencement Date).
Your purchase or receipt of Tutoring Services from us, or use of our Site, indicates that you have had sufficient opportunity to access these Terms, and that you have read, accepted and will comply with these Terms.
You must not use our Site or purchase or receive Tutoring Services from us if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years of age or older.
Our Privacy Policy sets out how we collect, use and protect your personal information. This is available on the Site.
The Terms shall expire once the tutoring services under the Booking have been performed, or the date on which these Terms are terminated in accordance with its terms (End Date).
TUTORING SERVICES
You will purchase Tutoring Services from us and enrol for our Tutoring Services, by using the Booking process outlined on our Site.
In consideration of the payment of the Fee, we will use our best endeavours to set up and supply the Tutoring Services to you on a date that is agreeable to you, subject to the Tutor’s availability, in accordance with these Terms.
You acknowledge and agree that if the Tutor is unable to perform the Tutoring Services for any reason, the Tutoring Services may be performed by another Tutor.
SCHEDULED BOOKINGS
Your assigned Tutor, and the duration, date and time of the Scheduled Booking, will be agreed at the time of Booking. You are responsible for confirming the details of your Scheduled Booking.
For scheduled lessons, you are expected to attend all Scheduled Lessons at the agreed date and time, unless you have rescheduled or cancelled the booking in accordance with these Terms.
For purchased Marking Requests completed outside of lessons, you are expected to submit full details of your feedback request to support@tutornova.com.au prior to your Scheduled Booking, unless you have rescheduled or cancelled the booking in accordance with these Terms.
You will have access to your assigned Tutor during Scheduled Lessons only. Tutors are not expected to provide support outside of Scheduled Bookings. You may only contact tutors through the Online Platforms (or the messaging service attached to your Accounts).
BOOKING SYSTEM
You will purchase Tutoring Services from us by logging into your Account and use the Booking System to request a Booking. The minimum time per Scheduled Booking is 60 minutes. After the first 60 minutes, we will charge on a half-hour basis.
After submitting your Booking request, you will immediately receive an email receipt informing you that we received your request. This is not a confirmation email.
Tutornova will then make your contact details, requested time and the scope of the Tutoring Service available to its Tutor network. You are able to request a preferred Tutor. Tutornova will take your preference into account when facilitating the Tutoring Service, however a specific Tutor cannot be guaranteed and will depend on the Tutor’s availability.
When a Booking is confirmed, Tutornova will issue you with a confirmation email. If the requested Booking cannot be facilitated, Tutornova will arrange an alternative time for the Tutoring Service with you and a Tutor. We may at our discretion accept or reject any request for Booking for any reason, at our sole discretion.
You are not permitted to engage the Tutoring Services of a Tutor other than through the Booking System on the Site.
PAYMENT
The Fees are determined by the Tutoring Services that you have selected during the Booking process.
In consideration of the performance of the Tutoring Services, you must pay the Fee using the payment method prescribed on our Site, in accordance with our terms. You are responsible for the timely payment of all the fees and for providing Tutornova with a valid method of payment for all fees.
You acknowledge and agree that we may use one or more third-party payment gateway providers to accept payment of the Fee (Provider), and that you may be required to use the Provider to pay the Fee in accordance with these Terms. You agree to comply with any terms, conditions or requirements of any Provider. You also consent and authorise us to share any information that you provide to us with a Provider (and vice versa), to the extent necessary to complete any transaction contemplated under these Terms.
Tutornova may check the availability of funds on your nominated payment method to ensure sufficient funds are available.
From time to time, financial institutions or payment providers may charge an additional fee for transacting with Tutornova. If this occurs, the Tutornova support team, will at your request, arrange a refund for this fee.
You agree to the automatic debit of the Fee to your nominated payment method. You must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit will be passed onto you. A $20 administrative fee will be charged for any failed or late payment. Any outstanding accounts will accrue interest at a rate of 1.5% per month, or if less, the maximum rate allowed by law, which interest shall accrue and be payable every 30 days past due on the full amount owing.
We may suspend or cancel any Tutoring Services or terminate your Booking if the Fee is not paid to us in full in accordance with these Terms.
You acknowledge that any change to the Tutoring Services as requested by you, including any request for additional Tutoring Services, is conditional upon you paying any additional Fee as required by us.
Our Fees and payment method (including any Provider that we may use) may change from time to time, at our discretion.
DRAWING TABLET AND STYLUS PEN POLICIES
You may purchase a Wacom Drawing Tablet and Stylus Pen (including any software on the Tablet and Stylus) (Tablet and Stylus) from us for the amount stipulated on the Site (plus postage and handling), which will be added to the Fee and is non-refundable (Tablet and Stylus Fee).
You agree to completing payment in full for the Tablet and Stylus immediately after a Booking is made and prior to the delivery of the Tablet and Stylus, irrespective of whether you cancel or reschedule the Scheduled Booking, in accordance with our Payment terms. We reserve the right to charge you separately for the Tablet and Stylus.
We will deliver the Tablet and Stylus to your nominated postage address, as provided by you in the Booking process (Delivery).
Title and risk in the Tablet and Stylus will pass to you on Delivery. After Delivery, we will not be responsible for any loss or damage caused to the Tablet and Stylus, and will not be responsible for replacing any lost, stolen, or damaged Tablet and Stylus.
You expressly acknowledge and agree that, to the extent permitted by law, use of the Tablet and Stylus, and any applications or services performed by or accessed through the software on the Tablet and Stylus, is at your sole risk.
The Tablet and Stylus, and any other device that we may provide to you, is to be used solely for the Tutoring Services. You are not permitted to use, and we will not be held responsible or liable, for any use other than strictly for the Tutoring Services in accordance with these Terms. To the extent you use or access services, applications or third party materials using the Tablet and Stylus, or any other device that we may provide to you, you do so at your own responsibility and risk.
PROMOTIONAL OFFERS
From time to time, we may offer special promotions on our Site (Promotional Offers). Each Promotional Offer will have its own terms and conditions, which are available on our Site and are subject to change at our discretion. Any Promotional Offer cannot be used in conjunction with any other sale, promotional offer or discount.
CUSTOMER ACCOUNT
To make a Booking, you will be required to register your personal information, including your name, address, phone number and payment details on our Site (Account).
You will be issued with a username and password which are linked to your Account. The username and password are personal to you and are not transferable.
It is your responsibility to keep your Account details confidential, and you will remain liable for all activity on your Account. You should notify us of any breach of security of your username and password immediately.
We may grant or refuse you permission to create a Account, and may disable any Account, or delete any data on your Account, at our discretion. Blocked users are prohibited from setting up a new Account.
EXCLUSIVE USE
You agree that you will not permit, enable, introduce or facilitate any person other than yourself to have access to your Account, or to any part of the Materials, Online Platforms or the Tutoring Services.
OUR RIGHTS
We reserve the right to access, monitor and modify your Account, the Site, the Tutoring Services and the Online Platforms for training, maintenance, upgrades and security purposes at any time.
CHANGES AND CANCELLATIONS TO LESSONS
You will be responsible for rescheduling or cancelling any Scheduled Bookings. You can cancel or amend a Scheduled Booking on the Site, free of charge, up to 24 hours before the booking is scheduled to begin.
If you cancel or amend a Scheduled Booking less than 24 hours before the Scheduled Booking is scheduled to begin, you will have to pay a cancellation fee of 50% of the Scheduled Booking Fee. Full fees will be charged for a cancellation on the same day as the session.
If you do not attend your Scheduled Booking and have not provided us any notice of cancellation, the full Scheduled Booking fee will be charged.
You cannot amend, extend or cancel a booking during the performance of the Services.
You acknowledge and agree that if the Tutor is unable for any reason to perform the Tutoring Services, the Tutoring Services may be performed by another Tutor pursuant to this Agreement.
If the Tutor is unable to fulfil a confirmed Booking (in full or part), we will attempt to find you a replacement Tutor. If we cannot find you an alternative Tutor, we will reschedule your Scheduled Booking to a new time, which suits you. If we cannot find a suitable time for you, you may cancel the Scheduled Booking at no charge.
There is a minimum of three (3) Bookings of 60-minutes duration each for recurring Bookings. Any weekly or other recurring booking cancelled after the first booking will be retroactively charged the one-time service rate and any reduced rates charged on the basis of the recurring booking will not apply. The parties agree that such a fee is a genuine and reasonable estimate of the loss Tutornova will suffer as a consequence of your cancellation. We reserve the right to reduce the fee payable under this clause at our discretion. In addition, the first three Tutoring Services of the recurring Bookings are to be provided within 5 weeks of the initial Booking where the recurrence is weekly and within 7 weeks where the recurrence is fortnightly. If the services are not provided during this period, Tutornova reserves the right to charge its one off fee rather than a recurring booking fee.
STUDENT LATE ARRIVAL TO LESSONS
Each Scheduled Lesson is for an allotted time, as agreed at the time of Booking. If you are late to a Scheduled Lesson, the Tutor will endeavour to prioritise with you the content that you wish to cover in the session.
If you arrive more than 20 minutes late for your allotted time, your Scheduled Lesson will be forfeited, and you will be charged the full Fee for the Scheduled Lesson.
If you request that your Tutor ends a lesson prematurely, the unused portion of the Scheduled Lesson will be deemed to be forfeited, and you will be charged the full Fee for the Scheduled Lesson.
TUTOR LATE ARRIVAL TO LESSONS
If your Tutor arrives late to a Scheduled Lesson, your Tutor may extend the Scheduled Lesson or a future Scheduled Lesson, as is agreed between us.
If your Tutor arrives more than 20 minutes late, the entire Scheduled Lesson may be rescheduled for an alternate date or time, as is agreed between us.
If your Tutor does not complete a Scheduled Lesson, you must notify us as soon as possible. We will use our best endeavours to assist you and your Tutor to determine whether a subsequent Scheduled Lesson should be accordingly extended, or a new Scheduled Lesson booked.
UNPAID SERVICES
Invoices must be paid within 10 days of issue. Failure to do so will incur additional charges which are non negotiable.
After 10 days outstanding, a further $20 will be added to the invoice as a late payment fee.
Any amount that is outstanding beyond 10 days will incur a daily late charge calculated at $20 per day.
In the event where your overdue account is referred to a debt collection agency, law firm and or the New South Wales Civil and Administrative Tribunal, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs, court costs and other miscellaneous costs associated with the collection of outstanding payment.
YOUR CONDUCT AND CONTENT
You acknowledge that we have in place rules and policies for the acceptable use of the Site, the Tutoring Services and the Online Platforms, and that these are available at our Site. You agree to comply with these Terms and the rules and policies, as amended from time.
When using our Site, the Tutoring Services and the Online Platforms, you must cooperate with us, and conduct yourself in an appropriate, decent, lawful, non-aggressive, non-bullying and proper manner, and comply with these Terms and any instructions or directions given to you by us or any of our Tutors, at all times.
You acknowledge and agree that we are unable to control the conduct of, or information provided by, you or third parties on our Site and the Online Platforms. While we have the right to review, remove or amend any content on our Site and some of the Online Platforms, we are under no obligation to do so. You acknowledge and agree that, to the maximum extent permitted by law, we will not be responsible or liable for any conduct of, or content created by, you or any third party on our Site or any Online Platform.
SECURITY OF PAYMENT
We have taken all practical steps from both a technical and systems perspective to ensure that all of your information is well protected. A secure payment gateway is used to process all transactions and credit card details. Tutornova does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorised access to your information.
YOUR DATA AND SECURITY
You are solely responsible for downloading and appropriately saving and storing copies of any of your data or information that may be stored on any Online Platform or otherwise created by, or made available to, you as part of the Tutoring Services. We are not responsible and will not be held liable for any loss of data or information, any interception of data or information, or any loss of access or corruption to your data or information, stored on or transmitted through the Site, any Online Platforms, or any systems, servers or software (including cloud-based technologies) used as part of the Tutoring Services. We cannot guarantee, and will not be liable for, the security of the Site, any Online Platforms, or the Tutoring Services. To the fullest extent permitted by law, all Claims or risk arising out of the use or performance of the Site, any Online Platforms, or the Tutoring Services remains solely with you, including (without limitation) any virus, infection, contamination, infiltration or damage to your computer, system or network, or for any delays, inaccuracies, errors or omissions, arising out of or connected with, your use of the Site, any Online Platforms, or any the Tutoring Services.
YOUR COOPERATION
You agree to do all things, and provide us with such information and materials necessary, and as we reasonably require for us, to be able to provide the Tutoring Services to you. The information and materials that you provide to us, including in support of your application for Booking, must be complete, accurate and correct.
TO RECEIVE TUTORING SERVICES
You will be solely responsible for acquiring and maintaining all telecommunications, internet services and connectivity, and other hardware and software required to receive the Tutoring Services, including, without limitation, obtaining and maintaining a compatible web browser and all necessary licences, permissions and consents that may be required to receive the Tutoring Services.
RECORDING OF LESSONS
You acknowledge and agree that all Scheduled Lessons may be automatically recorded for educational, coaching and quality purposes, and by accepting these Terms, you hereby consent to being recorded for this purpose. From time to time, we may request that your Scheduled Lessons be recorded for promotional and marketing purposes. We will only use recordings of you for promotional and marketing purposes with your written consent.
FEEDBACK
From time to time, we may request that you provide feedback, ratings, reviews and testimonials in relation to our Tutoring Services (Feedback), as well as your name, photograph, video and school grades, for promotional and marketing purposes. By providing such information to us, you expressly acknowledge and agree that you grant Tutornova a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable licence to use the Feedback for such purposes. We reserve the right to remove or edit Feedback as we deem fit.
TUTORNOVA INTELLECTUAL PROPERTY
As between the Parties, we own all Intellectual Property Rights in the Site, the Tutoring Services, the Materials, the Online Platforms and our Tutor, products, services and branding (Tutornova Intellectual Property).
We grant you a limited, non-exclusive, non-transferable license (without the right to grant sublicenses) to use the Tutornova Intellectual Property solely for the purposes of receiving the Tutoring Services from us in accordance with these Terms.
You must not breach our Intellectual Property Rights by, including but not limited to, altering or modifying any of the Tutornova Intellectual Property, creating derivative works from the Tutornova Intellectual Property, or using our Tutornova Intellectual Property for any purpose (including for commercial or resale purposes) other than as expressly contemplated by these Terms.
STUDENT INTELLECTUAL PROPERTY
You may create content in the course of receiving Tutoring Services from us (Student Intellectual Property). You: (a) warrant that you have all necessary Intellectual Property Rights in relation to the Student Intellectual Property; (b) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable licence to use the Student Intellectual Property in any way we require, including for marketing or promotional purposes; and (c) consent to any act or omission which would otherwise constitute an infringement of your Moral Rights.
If you have Moral Rights in any Student Intellectual Property, you: (a) irrevocably consent to any amendment of the Student Intellectual Property in any manner by us for any purpose; (b) irrevocably consent to us using or applying the Student Intellectual Property without any attribution of authorship for any purpose; (c) agree that your consent extends to acts and omissions of any of our licensees and successors in title; and (d) agree that your consent is a genuine consent under the Copyright Act 1968 (Cth) and has not been induced by duress or any false or misleading statements.
This clause will survive the termination of these Terms.
STUDENT DISSATISFACTION
If you are dissatisfied with the performance of your Tutor and/or the Tutoring Services, you must contact us using the below contact details within 24 hours of the event giving rise to your dissatisfaction. We will use our best endeavours to respond to your complaint and, if required, attempt to negotiate a resolution with you and your Tutor.
DISPUTE RESOLUTION POLICY
Any issues with the service must be reported to Tutornova within 24 hours. You must provide us with details of an unsatisfactory Scheduled Booking within 24 hours of completion.
If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:
The complainant must give the respondent written notice of the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute (Notice). The Parties agree to discuss in good faith to seek to resolve the dispute by agreement between them, within 14 days after service of the Notice (Initial Meeting).
If the Parties cannot agree how to resolve the dispute at the Initial Meeting within 14 days after service of the Notice, any Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, the complainant will ask the Law Society of NSW to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
If the dispute is unable to resolve the dispute through mediation, the mediator will discuss with both Parties an appropriate alternative dispute resolution process to resolve the dispute.
Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.
CONSUMER LAW
Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
If you are a consumer as defined in the ACL, the following notice applies to you: “Our goods and services come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You are also entitled to have services remedied if they are not rendered with due care and skill or they are not fit for purpose and the failure does not amount to a major failure.”
Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for goods or services provided to you as a “consumer” under the ACL is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
REFUNDS
Except for your Statutory Rights, our Fees are neither refundable nor transferable under any circumstance. Any refund we make will be by the same payment method that you used to purchase the relevant product or service from us.
LIMITATION OF LIABILITY AND DISCLAIMERS
Third Parties: You understand that you may be required to use third party service providers or platforms to access the Tutoring Services (Third Party). By accepting these Terms, you consent to us sharing your information with any such Third Party. You will be responsible for any and all costs, fees, expenses, and taxes of any kind related to the use of any Third Party services or platforms. We make no representation or warranty about the services or platforms provided by Third Parties, and to the maximum extent permitted by law, we exclude all responsibility and liability for the Third Party services or platforms, or their failure to provide the services or platforms.
Tutors: Tutornova uses their best efforts to monitor the Tutoring services offered by a Tutor. However, Tutornova does not make any representation as to the safety, quality, condition or description of any products used or Tutoring services provided by any Tutor.
You understand that we do not endorse any Tutor, and we do not supervise, direct or control a Tutor’s work or the services they provide to you. You are responsible for determining the suitability of your assigned Tutor. To the maximum extent permitted by law, we exclude all liability in relation to your Tutor, the conduct of your Tutor or the information or materials provided by your Tutor.
Any issues regarding safety, quality, condition or description should be notified to Tutornova, who will then pass the issue onto the Tutor designated to your Booking.
Warranties: You acknowledge and agree that the information and material (including Materials) on our Site, provided as part of the Tutoring Services and on the Online Platforms are provided in good faith on an “as is” basis, and may be inaccurate, incomplete or unavailable from time to time. To the maximum extent permitted by law, all information and material (including Materials) are provided to you without warranties, guarantees, representations or conditions of any kind, either express or implied, and we expressly disclaim all warranties, guarantees, representations or conditions of any kind, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or that their use will result in higher academic results or performance.
Time Bar: To the maximum extent permitted by law, you agree that any cause of action that you may have against us related to, arising out of, or in connection with these Terms must be brought against us within one year after the cause of action accrues, otherwise, such cause of action will be permanently barred.
Exclusions: To the maximum extent permitted by law, we exclude all liability, and will have no liability, for:
(a) the Site, the Tutoring Services or the Online Platforms, or your use of the Site, the Tutoring Services or the Online Platforms;
(b) modifications to the Site, the Tutoring Services or the Online Platforms not authorised by us;
(c) any information or materials (including Materials) on or provided as part of the Site, the Tutoring Services or the Online Platforms;
(d) the Site, the Tutoring Services or the Online Platforms being unavailable or failing to meet your expectations;
(e) any liability caused or contributed to by any of your acts or omissions;
(f) any liability caused or contributed by your failure to adopt any version, update, upgrade or release of any of the hardware or software pertaining to the Site, the Tutoring Services or the Online Platforms;
(g) any liability caused or contributed to by events or circumstances outside of our control; and
(h) any Consequential Loss.
Limitation: To the maximum extent permitted by law, our total liability arising out of or in connection with these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will be limited to us either, at our sole and unfettered discretion, resupplying the Tutoring Services to you or paying to you an amount not exceeding the Fees paid by you to us for the Tutoring Services in the 10 weeks immediately preceding the date on which the liability arose.
Indemnity: You indemnify us from and against all Claims (including legal costs and expenses on a full indemnity basis) resulting from your breach of these Terms.
The obligations under this clause (‘LIMITATION OF LIABILITY AND DISCLAIMERS’) will survive termination of these Terms.
TERM AND TERMINATION
These Terms will commence on the Commencement Date and will end on the End Date.
Tutornova may at its discretion terminate these Terms without cause at any time.
You may terminate this agreement by giving us notice, in writing, by emailing Tutornova at support@tutornova.com.au.
EFFECT OF TERMINATION
On termination of these Terms you agree:
- any amount due by you to us under these Terms (including by way of indemnity) will be immediately due and payable to us;
- any tutoring credit (including unusual tutoring credit) on your Account will be deemed to be forfeited;
- you are no longer authorised to use our Site, the Tutoring Services, the Online Platforms or Account with the email address you used to register with the Site or any other email address you possess;
- you will continue to be subject to and bound by all restrictions imposed on you by the Terms; and
- all licences granted by you and all disclaimers by Tutornova and limitations of Tutornova’s liability set out in the Terms or elsewhere on the Site will survive termination.
- to promptly return (where possible), or delete or destroy (where not possible to return), our Confidential Information and Intellectual Property, and/or documents containing or relating to our Confidential Information and/or Intellectual Property.
Tutornova reserves the right to deduct any outstanding fees and charges owing to Tutornova on your Account prior to disabling it.
On termination of these Terms, we will retain your documents (including copies) as required by Law. Your express or implied agreement to these Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.
The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.
GENERAL
Privacy: When collecting and using your personal information, we agree to comply with the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable Laws.
Confidentiality: You agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect our Confidential Information from any unauthorised disclosure; and only to use our Confidential Information solely for the purpose for which it was disclosed or provided by us to you. This clause will survive termination of these Terms.
GST: If and when applicable, GST payable under these Terms. By accepting these Terms, you agree to pay us an amount equivalent to the GST imposed the Fee.
Non-Solicitation: You agree that you will not approach, solicit or canvass for employment, hire, or engage as an independent contractor, any person employed or contracted by us while these Terms are in force and for a period of 12 months after the termination of these Terms, for any reason. If you fail to comply with this clause, you agree to pay to us immediately, as a debt due and payable, the amount of $2,000 (excl. GST) within 14 days of receipt of a demand for payment by us, as liquidated damages. You acknowledges that this clause is reasonable in terms of its extent and duration, does not constitute a penalty, and goes no further than is reasonably necessary to protect our interests and confidential information. This clause will survive termination of these Terms.
Good faith: You agree at all times to act in good faith when dealing with us and your Tutor under these Terms.
Compliance with Law: You agree to comply with all applicable Laws.
Relationship of Parties: These Terms are not intended to create a relationship between the Parties of partnership, joint venture, or employer-employee.
Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.
Communications: You must communicate directly with us (not individual Tutors) regarding all matters relating to the Tutoring Services. Only we are authorised to approve matters related to the Tutoring Services and these Terms.
Notices: Any notice in connection with these Terms will be deemed to have been duly given when made in writing and delivered or sent: (a) by us, to your email address, postal address, or to the messaging service attached to your Account, and (b) by you, using the contact details below.
Waiver: Any failure by a Party to insist upon strict performance by the other of any provision in these Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of these Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.
Assignment: We may assign or transfer our rights or obligations under these Terms without your consent. You must not assign any rights and obligations under these Terms, whether in whole or in part, without our prior written consent.
Severability: If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Jurisdiction and Applicable Law: These Terms are governed by the laws of NSW and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in NSW. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
Amendment: No amendment to these Terms or the Tutoring Services will be valid unless approved in writing by us. Tutornova periodically reviews the Terms and reserves the right to change the Terms at our absolute discretion, without any notice to you, by updating this document. You should review this document, as available on the Site, regularly as any changes to the Terms take immediate effect from the date of the publication on this document. Your continued use of the Site and Tutoring Services after any such changes are made will be deemed to constitute your acceptance of those changes. Your purchase or receipt of Tutoring Services from us, or use of our Site, following any such amendments will be deemed to be confirmation that you accept those amendments. If you have reasonable grounds to believe that the varied Terms will be materially detrimental to your rights, you may terminate these Sales Terms without penalty within 14 days of receiving notice of the varied Terms. We recommend that you check the current Terms before purchasing a product or service.
INTERPRETATION
In these Terms, unless the context otherwise requires:
- Account means the profile that you create, including our Site and Online Platforms, for the Tutoring Services, in accordance with these Terms;
- Booking means the booking made by you on the Site for the provision of Tutoring Services;
- Booking System means the online system which enables you to make a Booking;
- Claim / Claims includes a claim, notice, demand, right, entitlement, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award, damage, loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a Party to these Terms or otherwise;
- Confidential Information includes confidential information about either Party, their credit card or payment details, and the Tutor, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, technology, and other information of either Party whether or not such information is reduced to a tangible form or marked in writing as “confidential”;
- Confirmation Email means the email received by you from us, confirming your Booking, and attaching and forming part of these Terms;
- Consequential Loss means any Claims (whether direct, indirect, incidental, special, consequential and/or incidental) for loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation or any loss or damage relating to Tutor interruption or otherwise, suffered by you or made against you, arising out of or in connection with these Terms, even if we were expressly advised of the likelihood of such loss or damage;
- End Date has the meaning given to it in these Terms
- Fee means the tutoring fee set by us for the Tutoring Services under your Booking as adjusted in accordance with these Terms;
- GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
- Intellectual Property Rights mean all present and future rights in or to any patent, copyright, database rights, registered design or other design right, utility model, trade mark (whether registered or not and including any rights in get up or trade dress), brand name, service mark, trade name, eligible layout right, chip topography right and any other rights of a proprietary nature in or to the results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether registrable or not, including all renewals, extensions and revivals of, and all rights to apply for, any of the foregoing rights;
- Laws means any relevant law, legislation, ordinance, regulation, by-law, subordinate legislation, standard and code, and any approval, licence or consent issued by a government department or statutory authority in any relevant jurisdiction, and including any renewal of, or variation to, any of them (and including any fee, rate, tax, levy and charges payable in respect of any of them);
- Materials means the tutoring materials and resources provided by us or your Tutor as part of the Tutoring Services;
- Online Platforms means online technology platforms, software and/or communication systems, including, but not limited, to video conferencing software, document collaboration and chat software used to deliver the Tutoring Services, which is either provided by us and/or third party providers;
- Scheduled Booking means the booked tutoring service in which the Tutoring Services are to be provided by the Tutor, as further particularised in the Confirmation Email;
- Site means our website (https://tutornova.com.au) as supplemented, varied or replaced from time to time;
- Tutor means the tutoring professional engaged by us who will provide the Tutoring Services, as further particularised in the Confirmation Email;
- Tutoring Services means any tutoring, education, mentoring or services (including any servers, systems, software (including cloud-based technologies), products, Materials or Online Platforms used in connection to the Tutoring Services) as provided by us to you, and as further particularised in the Confirmation Email; and
- Terms mean these User Terms and Conditions, together with any Confirmation Email as contemplated by these Terms, as amended in accordance with its terms.
For any questions or notice, please contact us at:
Tutornova (ABN 99 120 195 488)
