Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR ENGAGING OUR SERVICES.
If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions, which together with our Privacy Policy and Website Disclaimer, govern www.tutormeonline.com.au’s relationship with you.
TERMS AND CONDITIONS FOR ONLINE COURSES
These Terms and Conditions for Online Courses (Terms) apply to all Parents, Students and users of this Website and our services. We may modify and update these Terms at any time, without notice. Both Parents and Students need to ensure they review the Terms from time to time. In using or accessing our Website and Courses, both Parents and Students agree to be bound by these Terms as well as any and all general terms and conditions posted on our Website from time to time.
DEFINITIONS
Content means any and all material, links, words and images on the Website including but not limited to Courses, Course material, videos, documents, e-books, information, advertisements, and other services provided by us on the Website.
Course, Coaching, Mentoring and Tutoring means any online tutoring, mentoring, coaching, course or guidance provided by us on or through the Website from time to time.
Fee means the subscription fee for any Course including any extension fee.
Parent means the parent or guardian responsible for enrolling the Student in a Course.
Student means the student enrolling and participating in a Course.
We, Our and Us means Bernard Laverty trading as Tutor Me Online (ABN 61 526 243 874) including its employees, contractors and affiliates.
Website means www.tutormeonline.com.au
You, Your and User means the Parent and/or the Student, as relevant and applicable in these Terms.
REGISTRATION
Students must be between the ages of 13 and 18 to enrol in a Course.
The Parent must register online and pay the Fee in advance in order to enrol the Student in a Course.
The Parent must provide all required information and details to complete the registration process. For details on how we keep your information, please see our Privacy Policy.
We reserve the right to reject your application to enrol or re-enrol in a Course for any reason in our sole discretion, including if a Course is full or if you do not provide current, complete or accurate details in the registration or enrolment process. If we reject your application to enrol, we will endeavour to notify you of that rejection within a reasonable time and return your payment in full.
We reserve the right to withdraw and cancel an offered Course at any time and for any reason. If we withdraw and cancel any Course, we will endeavour to notify you of the cancellation within a reasonable time and either offer you a credit note or, at your request, return your payment in full.
AUTHORITY
The Parent, in completing the registration process, consents to the Student enrolling in and participating in our Courses.
FEES
Full payment of the Fee is required at the time of enrolment.
All Fees are as advertised on our Website or as otherwise notified by us to you.
Access to a Course will be made available when full payment of the Fee has been received.
Payment may be made by Stripe, PayPal, credit card, bank transfer or any other method made available by us at the time of enrolment.
We may vary the Fees for our Courses from time to time without notice. Subject to these Terms, we will not increase the amount payable by you for a Course once we have accepted your application.
PREREQUISITES
We may require the Student to demonstrate that they satisfy the prerequisites for a Course before they may enrol or re-enrol in the Course.
NO GUARANTEE
We do not guarantee that the Student will pass or complete any subject/course they may be undertaking at any educational institution. It is up to the Parent and the Student to manage the Student’s progress.
Enrolling in a Coaching session does not automatically guarantee that the Student will pass the course or any particular educational testing.
RE-ENROLMENT
We do not guarantee that the Student will pass or complete any Course. It is up to the Parent and the Student to manage the Student’s progress.
We may at our sole discretion offer you a discount on the Fee for the Student to re-enrol in a Course.
COMPLETION OF COURSES AND EXTENSIONS
All Courses must be completed within 180 days commencing from the date of enrolment. Access to the Course will expire at the end of that period.
You may apply for an extension of time to complete the Course, which is dependent on your circumstances, Course availability and subject to our sole discretion as well the payment of an extension Fee.
Please contact us in writing at contact@tutormeonline.com.au if you wish to discuss applying for an extension.
CANCELLATION, REFUND AND TERMINATION
You are solely responsible for cancelling your enrolment by notifying us in writing at contact@tutormeonline.com.au
If you cancel your enrolment within five business days of enrolment and request a refund in writing, we will provide a partial refund equivalent to 50% of the Course Fee.
No refund will be provided for cancellations more than five business days after enrolment.
We will at all times abide by the Australian Consumer Law (ACL) in relation to any refunds, returns and replacements. Please contact us to discuss at any time.
We have the right to terminate your registration and enrolment for any reason, at any time for breach of these Terms. You agree that we may, in our sole discretion, terminate or suspend your access to the Website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.
Upon such termination, regardless of the reasons, your right to use the Website and Courses immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our Website and Courses. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
We are not required to provide any refund or part thereof to you for such termination of your registration or enrolment. Any refund may be determined in our sole discretion.
GENERAL USER AGREEMENT
To be eligible to enrol in our Courses, you acknowledge and agree to the following:
You will not share your password or login details with any other person and you will keep your contact, payment and other information updated;
You warrant that all information you provide is true, correct, up-to-date and accurate;
You will not transfer, sublicense or grant access to any of our Courses to any other person, company or business except as agreed in these Terms;
You will not transmit any viruses, malware, worms, etc. of any kind and you will not upload, post, host or transmit unsolicited material or messages to the Website; and
We must receive your payment prior to you receiving and accessing our Courses. If we do not receive your payment, we may suspend or terminate your enrolment and access to the Courses.
DELIVERY
Upon enrolment and payment of the Fee, our Courses will be delivered to you immediately. You need to ensure that you have the appropriate technical software, hardware and internet connection to access our Courses.
As we are an online business, our primary means of communication is via the email address you provide to us. We will not be responsible for any missed communication or delivery due to the email address being incorrect. Please ensure that you have provided your correct and accurate email address to receive our communications and Courses.
If you cannot access a Course or receive our communications, or they appear to be delayed, please check your email address provided to ensure it is correct and also your Spam folder in the event you have not added us to your address book. Otherwise please contact us at 1300 659 511 or contact@tutormeonline.com.au so we may try to assist.
DISCLAIMER
The Parent and the Student are solely responsible for the Student’s progress and completion of our Courses. As progress and results vary from individual to individual, we cannot and do not guarantee any particular result, outcome or job as a result of the Student’s enrolment in or completion of any Course.
All Content on our Website is for general information and educational purposes only.
Nothing contained in the Content is, or is intended to be, construed as advice. We are only providing you with facts, information, insights and educational material. You need to decide what may work best and is suitable for your Student’s personal needs.
We do not have your personal information, needs or situation in mind when we provide our Content to you.
Our Content is obtained from sources believed to be reliable and is given in good faith but we do not warrant or make any representations regarding the use or the result of the use of any Content on our Website, including as to their completeness, correctness, suitability, accuracy, reliability, or otherwise. You should, before you act or use any of the Content, consider the appropriateness of the information having regard to your own personal needs.
WEBSITE SERVICES
We make no warranty that our Website or Courses will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavours to ensure that the Website and Courses are always available and virus-free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavour to notify you if the Website or Courses become unavailable for any lengthy or unusual time period.
You agree and acknowledge that the Website uses third-party vendors and hosting partners to provide the necessary software, hardware, service and storage.
We may use cookies when you visit our Website as a part of our interaction with your internet browser. We use cookies to provide you with a better and more customised service and a more effective website. We do not collect personally identifiable information about you from cookies. You can choose if and how a cookie will be accepted by configuring your preferences in your browser.
LIABILITY AND INDEMNITY
Our liability to you is governed solely by the Australian Consumer Law and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
When your Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option:
(a) The supply of a Course again; or
(b) The refund for a Course.
You agree that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our Website or Courses. This damage includes, but is not limited to any personal injury, death or property damage.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
You agree to indemnify us against all loss and/or damages whether direct or indirect resulting from your reliance on any Content including your breach of our Terms, any third-party claims resulting directly or indirectly from your use of our Website or Courses, and any activity you may engage in through any use of our Website or Courses.
LINKS TO OTHER WEBSITES
We may from time to time provide on our Website links to other websites, or advertisements and information provided by other websites or third parties. Such links, advertisements and information are provided for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or an arrangement between us and the owners of those websites or third parties. We take no responsibility for any of the content found on the linked websites or provided by third parties.
EXCLUSION OF COMPETITORS
If you are in the business of providing similar services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of ours. We expressly exclude and do not permit you to use or access our Website, to download any documents or information from the Website or obtain any such documents or information through a third party. If you breach this term then we will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. We reserve the right to exclude and deny any person access to our Website or Courses in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
Our Course material, such as instruction manuals and training exercises, is protected by copyright and may not be copied by you or any other person, without our express written permission.
In particular, you may not share, copy or redistribute the material in any medium or format at any time. The material is for your individual personal use only and may not be used for commercial purposes. You are not permitted to make any derivative material, including but not limited to copying, reproducing, transforming, sharing or building upon the material in whole or any part thereof. For any other use or distribution, you must have our express written permission.
All custom graphics, icons, logos and service names within the Website and Courses are registered trademarks, copyright, trade or service marks of ours.
All other trademarks or service marks within the Website and Courses are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or anything you access through our Website or Courses.
You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this Website. Any unauthorised use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Upon acceptance of these Terms and payment of the Fee, we hereby grant you a non-exclusive, non-transferable, limited license to access our Website and the enrolled Course for the period of the enrolment.
JURISDICTION
This agreement and this Website are subject to the laws of Victoria and Australia. If there is a dispute between you and us that results in litigation then you must submit to the exclusive jurisdiction of the courts of Victoria and Australia.