Terms of Use

Student Terms of Use

This website are owned and operated by Tutorbee Sales Pty Ltd (TutorBee).

1. ACCEPTANCE OF TERMS OF USE

(a) By accessing or using this website and/or any other services offered by TutorBee on or through this website (collectively, the Services), you acknowledge and agree that you have read and agree to be bound by these terms of use (and privacy police) as amended from time to time (Terms of Use).

(b) TutorBee may, in its absolute discretion, modify or amend these Terms of Use from time to time and those modifications or amendments will be binding on you once displayed on this website.  You agree to be bound by these Terms of Use as amended and agree to review the Terms of Use before using any of the Services.

2. USE OF THE SERVICES

To use the Services, you acknowledge and warrant that:

(a) you are [16] years of age or older and have the capacity to understand, agree to and comply with these Terms of Use and if you are [16] or older but under the age of 18, you should review these Terms of Use with your parent or guardian to make sure that you and your parent or guardian understand these General Terms and Conditions;

(b) you ordinarily reside in Australia;

(c) you will comply with these Terms of Use at all times; and

(d) you will provide all information requested or required by TutorBee

(e) you will use access the Services in a respectful, considerate and responsible manner;

(f)  you will not use the Services:

     (i)  in any way that causes this website to be interrupted, damaged, impaired or rendered less efficient;

     (ii) for the transmission, uploading or posting of any computer viruses or other harmful files or programs or in any way that could damage or disrupt another personal  computer;

     (iii)  as a means to threaten, stalk, harass, abuse or insult anyone else;

     (iv) to collect personal data about other persons (for example to use for “spam”);

     (v)  in a way that violates or infringes the rights of another person such as other people's copyright or right to privacy;

     (vi) to create a false identity that misleads others about the identity of the sender or the origin of a message; and

     (vii) in any other way that could reasonably be expected to affect us adversely or reflect negatively on our goodwill, name or reputation.

3. PAYMENT

(a) To use the Services, you must follow the instructions on the website.

(b) Once you book a lesson, you will be shown the charges you must pay. You must supply credit card details from a credit or debit card company acceptable to TutorBee. TutorBee only accepts payment by credit cards issued by an Australian Authorised-deposit Taking Institution. If you are asked for details of a payment card, you must be fully entitled or authorised to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us.

(c) Your nominated credit card will be charged just before your lesson takes place.

(d) In respect of any lesson, we will charge you and you irrevocably agree to pay the fee for each lesson as specified on the website.

(e) You undertake and warrant that all details you provide to us for the purpose of acquiring the Services (including making payment) will be correct and that there are sufficient funds or credit facilities to cover the nominated cost of the Services. We reserve the right to obtain validation of your payment details before providing you with the Services.

(f) When you purchase a lesson, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you purchase a lesson.

(g) TutorBee may at its sole discretion refuse to accept a booking from you for any reason.

(h) These Terms of Use incorporate the refund policy as published on this website (as amended from time to time).

4. SERVICES PROVIDED BY THIRD PARTIES

(a) When you use the Services, you may gain access to the products or services of third parties (Third Parties).

(b) You acknowledge and agree that if you gain access to the products or services of Third Parties when using the Services:

(c) The information published about those products or services are provided by the Third Parties.  TutorBee is not responsible for the information published by Third Parties and simply acts as a medium for the publication of the information;

     (i) TutorBee does not act as your agent or broker in relation to the products or services provided by the Third Parties;

     (ii) TutorBee has no right or power to bind either you or the Third Parties in relation to a Third Party’s products or services;

     (iii) any agreement entered into with a Third Party as a result of your use of the Services is an agreement between the Third Party and you;

     (iv) TutorBee does not provide advice to you in relation to the products and services offered by Third Parties;

     (v) TutorBee does not give any warranties in relation to the products or services provided by the Third Parties and will not be liable to you or any third party for any failure, wrong or default of a Third Party;

     (vi) TutorBee will not be responsible for the resolution of any dispute in relation to any agreement formed between you and a Third Party; and

     (vii) TutorBee takes no responsibility for the content of any Third Party web site that links to or from this web site.

5. DISCLAIMER

To the extent permitted by law, you acknowledge and agree that:

(a) your use of the Services is entirely at your own risk and is provided without any warranty, either express or implied;

(b) TutorBee does not accept responsibility for:

     (i) any interference, loss or damage to your data, computer system, or mobile device which arises in connection with your use of the Services.  Although reasonable precautions have been taken, TutorBee does not guarantee the Services App will be continually available or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted through the Services;  or

     (ii) failures, errors, omissions or interruptions in the availability of the internet, telecommunications systems or email transmissions.

(c) TutorBee gives no warranties as to, and does not vet, authorise or endorse the accuracy, currency, suitability or completeness of any information accessed through the use of any of the Services (Information);

(d) TutorBee takes no responsibility for the currency, accuracy or completeness of the Information, or for programming bugs or computer viruses, faults or errors in the Services or the Information;

(e) TutorBee gives not warranties as to and does not make any representation as to the suitability of the products or services provided by a Third Party;

(f) you will not rely solely on the Information in determining whether to use the Information or whether to use any products or services of a Third Party or other third party;

(g) you will make your own enquiries as to the suitability of the Information, the Services and the products or services provided by Third Parties and other third parties;

(h) TutorBee may, without notice to you, and at any time, modify or discontinue the Services (in whole or part);

(i) TutorBee is not responsible for monitoring or verifying the accuracy of any Third Party information, or for any errors or mistakes whether originally existing in the Third Party information or caused by the method of reproduction of the Third Party information onto this website;

(j) although TutorBee will try to ensure that the Services are accessible to users, it does not warrant that users or potential users will have continuous access to the Services.  TutorBee will not be liable if the Services are unavailable to users or potential users due to:

     (i) any events caused by TutorBee, whether negligent or not; or

     (ii) any events beyond the control of TutorBee, including but not limited to, server downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities, or any other reason whatsoever.

6. USER CONTENT AND USE OF THE SERVICES

(a) If TutorBee permits you to post, upload, contribute or otherwise transmit (collectively referred to in these Terms of Use as “post”) any content through the use of the Services you must ensure that you do not post any content that is or could reasonably be considered to:

     (i) contain any misrepresentations or be misleading or deceptive or be likely to mislead or deceive;

     (ii) be in breach of any person’s intellectual property rights or confidential information or other legal rights; or

     (iii) be obscene, offensive, upsetting, defamatory, in anyway unsuitable for people under the age of 18 years or contrary to any law or regulation in any way whatsoever.

(b) For any post, you assign to TutorBee all rights, title and interest in and to the content in relation to all media (including, but not limited to the internet), and whether in existence now or created in the future. For the avoidance of doubt, TutorBee may use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

(c) You acknowledge and agree that you will not:

     (i) use the Services in connection with spamming, junk e-mail, or any unsolicited messages;

     (ii) defame, harass, abuse, stalk, threaten or otherwise violate the legal rights of other persons (including a person’s right to privacy);

     (iii) transfer or store material that is deemed threatening or obscene, or engage in any illegal activity;

     (iv) post or cause to be posted, any communication or solicitation designed or intended to obtain password, account, or private information from any user of the Services;

     (v) upload files that contain viruses, corrupted files, or other similar software or programs that may damage the operation of the Services or another person’s computer or property;

     (vi) use any part of the Services to violate the security of any computer network, crack passwords or security encryption codes;

     (vii) restrict or inhibit the use of the Services by others;

     (viii) modify, translate, or otherwise create derivative works of any part of the Services;

     (ix) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying algorithms of any part of the Services, except to the extent permitted by applicable laws;

     (x) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive under these Terms of Use; or

     (xi) unless permitted by applicable laws, modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit:

               (i) the information (in whole or part) accessed through the use of any of the Services;

               (ii) software (in whole or part) accessed through the use of the Services.

(d) You acknowledge and agree that:

     (i) TutorBee has no fiduciary duty to you;

     (ii) TutorBee does not vet, authorise or endorse any content posted through the use of the Services by any person (User Content)

     (iii) TutorBee has no control over, and no duty to take any action regarding issues such as which users gain access to the Services, what User Content you access via the use of the Services, what effects the User Content may have on you, how you may interpret or use the User Content, or what actions you may take as a result of having been exposed to the User Content;

     (iv) TutorBee may remove any User Content from the Services at any time, without any reason and without notice;

     (v) TutorBee shall have the right to re-publish, reformat, excerpt or translate or use for promotional purposes any User Content submitted by you;

     (vi) you are responsible for all of your activity in connection with the use of the Services;

     (vii) you are responsible for whatever material you post, and you have full responsibility for the material, including its legality, reliability, appropriateness and originality and you are responsible for ensuring that you have the legal right to post such material; and

     (viii) you will comply with all applicable laws and regulations when accessing and/or using the Services.

7. AUSTRALIAN CONSUMER LAW

(a) Consumers have certain rights under the Australian Consumer Law and similar state and territory legislation (ACL).  If you have rights under the ACL in respect of the use of the Services, including rights arising from any statutory guarantee, nothing in the Terms of Use operates to exclude them.

(b) To the extent that these Terms of Use cannot exclude your rights under the ACL, our liability to you is limited in any case to, within a reasonable time:

     (i) in relation to services, at our discretion:

               (i) the re-performance of the services or

               (ii) the payment of the costs of having the services re-performed; and

     (ii) in relation to goods:

               (i) the replacement or resupply of the goods;

               (ii) the repair of the goods; or

               (iii) the payment of the costs to have the goods replaced or repaired. 

8. INDEMNITY

You will indemnify and shall keep indemnified TutorBee, its directors, officers, employees, agents, representatives and related bodies corporate from and against all claims, proceedings, loss, damage, costs and expenses (including legal expenses) arising or incurred by TutorBee as a result of or in connection with:

(a) your use or attempted use of the Services;

(b) your breach of, or non-compliance with, these Terms of Use;

(c) your infringement, or the infringement by any third party using your registration information, of any intellectual property rights or other rights (including confidential information and rights of privacy) of any person or entity;

(d) any negligent or unlawful or wilful act, omission or misconduct by you in connection with the subject matter of these Terms of Use;

(e) any statements or representations made by you, including but not limited to mistake, omission or falsehood, which you may make in the creation or use of an account to utilise the Services;

9. LIMITATION OF LIABILITY

To the full extent permitted by law, TutorBee, its directors, employees, agents, representatives and related bodies corporate, will not be liable to you or any person in respect of any loss or damage (including consequential and special loss or damage and any loss of profits) which may be suffered or incurred or which may arise directly or indirectly from or in connection with:

(a) any use or attempted use of the Services;

(b) any products or services acquired or obtained or relationship created from the use of the Services; or

(c) errors, faults or failures in transmission of information through this website;

(d) Third Party information;

(e) any transaction entered into through the use of the Services,

whether or not the loss or damage was as a result of error or misrepresentation, negligent act or omission, or any other cause whatsoever.

10. SUSPENSION AND TERMINATION

If:

(a) you do not comply with the Terms of Use or if TutorBee has grounds to believe that you are likely to breach them; or

(b) TutorBee has reasonable grounds to believe your account have been misused or compromised;

TutorBee may suspend or terminate your access to the Services (or any part) at any time and without notice. The Terms of Use survive any such suspension or termination.

11. INTELLECTUAL PROPERTY RIGHTS 

TutorBee reserves all rights, including copyrights and other intellectual property rights, whether statutory or common law based, in the Services, and in all materials and content made available on this website (Our Content). Nothing in the Terms of Use transfers or assigns any rights in Our Content to you.

12. GENERAL

(a) Please see the Privacy Policy at #, which forms part of these Terms and Conditions.

(b) We do not accept any liability for our failure to comply with these Terms of Use where the failure is due to circumstances beyond our reasonable control.

(c) Our failure or delay in exercising any rights available to us under these Terms of Use does not mean we waived these rights on the occasion or in the future.

(d) If any of the Terms of Use are held to be invalid, unenforcable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.

(e) These Terms of Use are governed by the laws of the State of New South Wales, Australia, and you submit to the exclusive jurisdiction of the courts in that State and any courts competent to hear appeals from those courts.

 

Tutor Terms of Use

This website are owned and operated by Tutorbee Sales Pty Ltd (TutorBee).

1. ACCEPTANCE OF USE

(a) By accessing or using this website and/or any other services offered by TutorBee on or through this website (collectively, the Services), you acknowledge and agree that you have read and agree to be bound by these terms of use (and privacy police) as amended from time to time (Terms of Use).

(b) TutorBee may, in its absolute discretion, modify or amend these Terms of Use from time to time and those modifications or amendments will be binding on you once displayed on this web site.  You agree to be bound by these Terms of Use as amended and agree to review the Terms of Use before using any of the Services.

2. USE OF THE SERVICES

To use the Services, you acknowledge and warrant that:

(a) you will comply with these Terms of Use at all times;

(b) you are an Australian citizen or Australian permanent resident;

(c) you have not been found guilty or convicted of any criminal offence (in any jurisdiction).

3. YOUR OBLIGATIONS

You:

(a) will not provide, display or otherwise communicate your personal details to students;

(b) will provide all information requested or required by TutorBee (including but not limited to a working with children check for the state in which you ordinarily reside);

(c) will use access the Services in a considerate and responsible manner;

(d) will not use the Services:

     (i) in any way that causes this website to be interrupted, damaged, impaired or rendered less efficient;

     (ii) for the transmission, uploading or posting of any computer viruses or other harmful files or programs or in any way that could damage or disrupt another personal computer;

     (iii) as a means to threaten, stalk, harass, abuse or insult anyone else;

     (iv) to collect personal data about other persons (for example to use for “spam”);

     (v) in a way that violates or infringes the rights of another person such as other people's copyright or right to privacy;

     (vi) to create a false identity that misleads others about the identity of the sender or the origin of a message; and

     (vii) in any other way that could reasonably be expected to affect us adversely or reflect negatively on our goodwill, name or reputation.

4. FEES

(a) The fee to use this Service is a certain percentage as advised by TutorBee from time to time, which is deducted from any payment made to you in respect to any lesson you conduct through the Services (Service Fee).

(b) TutorBee reserves the right to set a minimum hourly rate, which may be altered from time to time without notice.

5. DISCLAIMER

To the extent permitted by law, you acknowledge that:

(a) your access to the Services is subject to the payment of the Service Fee;

(b) your use of the Services is entirely at your own risk and is provided without any warranty, either express or implied;

(c) TutorBee does not accept responsibility for:

     (i) any interference, loss or damage to your data, computer system, or mobile device which arises in connection with your use of the Services.  Although reasonable precautions have been taken, TutorBee does not guarantee the Services App will be continually available or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted through the Services;  or

     (ii) failures, errors, omissions or interruptions in the availability of the internet, telecommunications systems or email transmissions.

(d) TutorBee is not responsible for the information posted by students;

(e) TutorBee does not act as your agent or broker in relation to the Services;

(f) TutorBee will not be responsible for the resolution of any dispute in relation to any agreement formed between you and a student.

6. DISCLAIMER

You acknowledge and agree that:

(a) TutorBee gives no warranties as to, and does not vet, authorise or endorse the accuracy, currency, suitability or completeness of any information accessed through the use of any of the Services (Information);

(b) TutorBee takes no responsibility for the currency, accuracy or completeness of the Information, or for programming bugs or computer viruses, faults or errors in the Services or the Information;

(c) TutorBee gives not warranties as to and does not make any representation as to the suitability of the products or services provided by a Third Party;

(d) you will not rely solely on the Information in determining whether to use the Information or whether to use any products or services of a Third Party or other third party;

(e) you will make your own enquiries as to the suitability of the Information, the Services and the products or services provided by Third Parties and other third parties;

(f) TutorBee may, without notice to you, and at any time, modify or discontinue the Services (in whole or part);

(g) TutorBee is not responsible for monitoring or verifying the accuracy of any Third Party information, or for any errors or mistakes whether originally existing in the Third Party information or caused by the method of reproduction of the Third Party information onto this website;

(h) although TutorBee will try to ensure that the Services are accessible to users, it does not warrant that users or potential users will have continuous access to the Services.  TutorBee will not be liable if the Services are unavailable to users or potential users due to:

     (i) any events caused by TutorBee, whether negligent or not; or

     (ii) any events beyond the control of TutorBee, including but not limited to, server downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities, or any other reason whatsoever.

7. USER CONTENT AND USE OF THE SERVICES

(a) If TutorBee permits you to post, upload, contribute or otherwise transmit (collectively referred to in these Terms of Use as “post”) any content through the use of the Services you must ensure that you do not post any content that is or could reasonably be considered to:

     (i) contain any misrepresentations or be misleading or deceptive or be likely to mislead or deceive;

     (ii) be in breach of any person’s intellectual property rights or confidential information or other legal rights; or

     (iii) be obscene, offensive, upsetting, defamatory, in anyway unsuitable for people under the age of 18 years or contrary to any law or regulation in any way whatsoever.

(b) For any post, you assign to TutorBee all rights, title and interest in and to the content in relation to all media (including, but not limited to the internet), and whether in existence now or created in the future. For the avoidance of doubt, TutorBee may use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

(c) You acknowledge and agree that you will not:

     (i) use the Services in connection with spamming, junk e-mail, or any unsolicited messages;

     (ii) defame, harass, abuse, stalk, threaten or otherwise violate the legal rights of other persons (including a person’s right to privacy);

     (iii) transfer or store material that is deemed threatening or obscene, or engage in any illegal activity;

     (iv) post or cause to be posted, any communication or solicitation designed or intended to obtain password, account, or private information from any user of the Services;

     (v) upload files that contain viruses, corrupted files, or other similar software or programs that may damage the operation of the Services or another person’s computer or property;

     (vi) use any part of the Services to violate the security of any computer network, crack passwords or security encryption codes;

     (vii) restrict or inhibit the use of the Services by others;

     (viii) modify, translate, or otherwise create derivative works of any part of the Services;

     (ix) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying algorithms of any part of the Services, except to the extent permitted by applicable laws;

     (x) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive under these Terms of Use; or

     (xi) unless permitted by applicable laws, modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit:

               (i) the information (in whole or part) accessed through the use of any of the Services;

               (ii) software (in whole or part) accessed through the use of the Services.

(d) You acknowledge and agree that:

     (i) TutorBee has no fiduciary duty to you;

     (ii) TutorBee does not vet, authorise or endorse any content posted through the use of the Services by any person (User Content)

     (iii) TutorBee has no control over, and no duty to take any action regarding issues such as which users gain access to the Services, what User Content you access via the use of the Services, what effects the User Content may have on you, how you may interpret or use the User Content, or what actions you may take as a result of having been exposed to the User Content;

     (iv) TutorBee reserves the right to arrange for the removal of any User Content from the Services that are within TutorBee’s immediate control at any time, with or without any reason;

     (v) TutorBee shall have the right to reformat, excerpt or translate any User Content submitted by you;

     (vi) you are responsible for all of your activity in connection with the use of the Services;

     (vii) you are responsible for whatever material you post, and you have full responsibility for the material, including its legality, reliability, appropriateness and originality and you are responsible for ensuring that you have the legal right to post such material; and

     (viii) you will comply with all applicable laws and regulations when accessing and/or using the Services.

8. AUSTRALIAN CONSUMER LAW

(a) To the extent applicable, consumers have certain rights under the Australian Consumer Law and similar state and territory legislation (ACL).  If you have rights under the ACL in respect of the use of the Services, including rights arising from any statutory guarantee, nothing in the Terms of Use operates to exclude them.

(b) To the extent that these Terms of Use cannot exclude your rights under the ACL, our liability to you is limited in any case to, within a reasonable time:

     (i) in relation to services, at our discretion:

               (i) the re-performance of the services or

               (ii) the payment of the costs of having the services re-performed; and

     (ii) in relation to goods:

               (i) the replacement or resupply of the goods;

               (ii) the repair of the goods; or

               (iii) the payment of the costs to have the goods replaced or repaired. 

9. INDEMNITY

You will indemnify and shall keep indemnified TutorBee, its directors, officers, employees, agents, representatives and related bodies corporate from and against all claims, proceedings, loss, damage, costs and expenses (including legal expenses) arising or incurred by TutorBee as a result of or in connection with:

(a) your use or attempted use of the Services;

(b) your breach of, or non-compliance with, these Terms of Use;

(c) your infringement, or the infringement by any third party using your registration information, of any intellectual property rights or other rights (including confidential information and rights of privacy) of any person or entity;

(d) any negligent or unlawful or wilful act, omission or misconduct by you in connection with the subject matter of these Terms of Use;

(e) any statements or representations made by you, including but not limited to mistake, omission or falsehood, which you may make in the creation or use of an account to utilise the Services;

10. LIMITATION OF LIABILITY

To the full extent permitted by law, TutorBee, its directors, employees, agents, representatives and related bodies corporate, will not be liable to you or any person in respect of any loss or damage (including consequential and special loss or damage and any loss of profits) which may be suffered or incurred or which may arise directly or indirectly from or in connection with:

(a) any use or attempted use of the Services;

(b) any products or services acquired or obtained or relationship created from the use of the Services; or

(c) errors, faults or failures in transmission of information through this website;

(d) Third Party information;

(e) any transaction entered into through the use of the Services,

whether or not the loss or damage was as a result of error or misrepresentation, negligent act or omission, or any other cause whatsoever.

11. SUPENSION AND TERMINATION 

If:

(a) you do not comply with the Terms of Use or if TutorBee has grounds to believe that you are likely to breach them; or

(b) TutorBee has reasonable grounds to believe your account have been misused or compromised;

TutorBee may immediately suspend or terminate your access to the Services (or any part) at any time and without notice. The Terms of Use survive any such suspension or termination.

12. INTELLECTUAL PROPERTY RIGHTS

TutorBee reserves all rights, including copyrights and other intellectual property rights, whether statutory or common law based, in the Services, and in all materials and content made available on this website (Our Content). Nothing in the Terms of Use transfers or assigns any rights in Our Content to you.

13. GENERAL

(a) We do not accept any liability for our failure to comply with these Terms of Use where the failure is due to circumstances beyond our reasonable control.

(b) Our failure or delay in exercising any rights available to us under these Terms of Use does not mean we waived these rights on the occasion or in the future.

(c) If any of the Terms of Use are held to be invalid, unenforcable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.

(d) These Terms of Use are governed by the laws of the State of New South Wales, Australia, and you submit to the exclusive jurisdiction of the courts in that State and any courts competent to hear appeals from those courts.

(e) TutorBee reserves the right to amend these Terms of Use at any time. Amendments to these Terms and Conditions will be posted on-line. However, continued use of this website or Services will be deemed to constitute acceptance of the new Terms of Use.