Terms And Conditions

Set out below are the terms and conditions for the www.needatutor.com.au website and the basis upon which services are provided to you by Need a Tutor Pty Ltd. By accessing, creating an account with or placing or accepting a request for lessons via this website, you agree to these terms and conditions. If you do not wish to agree to these terms and conditions, you must not access, create an account with, or place or accept a request for a lesson via or otherwise use this website.

  1. Background
    1. This website, www.needatutor.com.au (Website), is owned and operated by Need a Tutor Pty Ltd (ACN 607 394 776) (Need a Tutor, us or we).
    2. By accessing or using the Website you agree to be bound by the terms and conditions set out below (Terms and Conditions), the Privacy Policy located at www.needatutor.com.au/privacy-policy, the Cancellation policy located at www.needatutor.com.au/cancellation-and-refund/ and the Service Fees and Pricing Policy located at www.needatutor.com.au/fee-statement, which shall take effect immediately on your first use of the Website.
    3. Please read the Terms and Conditions carefully as they contain important information about your rights and obligations.
    4. If you do not wish to be bound by the Terms and Conditions then do not use the Website.
    5. Need a Tutor reserves the right to amend the Terms and Conditions from time to time in its sole discretion, so you should check them regularly. By using the Website at any time, you acknowledge that you have read, understood and agree to be bound by the current Terms and Conditions in use. If you do not agree to the current Terms and Conditions in use, then do not use the Website.
    6. If you do not understand any of the Terms and Conditions, or you have any questions, please contact Need a Tutor at nat@needatutor.com.au
  2. The Basics
    1. This Website is a place where individuals seeking instruction and tutoring (Learners) can view information regarding, engage and obtain instruction from, people offering tutoring services (Tutors) (collectively users or you).
    2. Need a Tutor is not an agent for Tutors that advertise or use the Website, nor is it an agent for any third party suppliers of other goods or services that may be advertised on the Website.
    3. The Website acts only as a venue for Learners and Tutors to interact, and Need a Tutor is not, and does not become, a party to any contractual relationship between the Learner and the Tutor and, save as set out in these Terms and Conditions, does not mediate between the Learner and the Tutor in the event of any dispute arising between them. Where a complaint is made, Need a Tutor will investigate the complaint in order to determine whether there has been a breach of the Terms and Conditions and make a determination in this regard. Any decision made by Need a Tutor regarding whether there has been a breach of the Terms and Conditions will be final.
  3. Obligations of Account Holders
    1. Both Tutors and Learners must create an account with the Website in order to create a listing or make a booking (Account). As part of the registration process, and as part of your continued use of the Website, you will be required to provide personal information about yourself (such as identification or contact details), including but not limited to:
      1. an email address;
      2. preferred username;
      3. a mailing address;
      4. date of birth;
      5. your banking details; and
      6. a telephone number.
    2. Tutors will be asked to provide additional information in order to create an Account and in order to create a listing for the lessons they offer on the Website. This additional information will include but is not limited to a digital colour photograph and details and evidence of relevant qualifications. Information may also be requested by Need a Tutor if a complaint is lodged by a Learner or in the case of request from regulatory or legal bodies.
    3. If a Tutor or a Learner fails to provide information that has been requested of them by Need a Tutor, their Account may be made inactive and their listings or profile removed from the Website until the requested information is provided.
    4. You warrant that any information you provide to Need a Tutor in the course of completing the registration process or creating a listing will always be accurate, correct and up to date.
    5. Once you have completed the registration process, you will be an Account Holder of the Website (Account Holder), either as a Tutor or as a Learner, and warrant that you have read, understood and agreed to be bound by these Terms and Conditions, as amended from time to time.
    6. You may not become an Account Holder, create a listing, make a booking to acquire tutoring services and may not accept the Terms and Conditions if:
      (a) you are under the age of 18 or lack capacity to form a binding contract with Need a Tutor; or
      (b) you are a person barred from providing or receiving tutoring services under the laws of Australia or the laws of other relevant countries including the country in which you are resident or from which you use the Website.
    7. Account Holders may only create one Account as a Learner and only one Account as a Tutor with Need a Tutor.
    8. Where an Account Holder is found to have created more than one Account as a Learner or more than one Account as a Tutor with Need a Tutor, Need a Tutor may, at Need a Tutor's absolute discretion, cancel or delete all Accounts held by the Account Holder or may cancel or delete duplicate Accounts held by the Account Holder.
    9. Where an Account, profile or listing created by an Account Holder contains false or misleading information or an Account Holder is found to otherwise breach these Terms and Conditions that Account or listing may be cancelled and the Account Holder barred from using the Website in the future.
    10. Account Holders must not use the Website or the services offered by Need a Tutor in any way that will damage Need a Tutor's reputation or good name.
    11. As an Account Holder, you will be issued with a username and password. These details must also be used in order to use the Need a Tutor online payments system. The username and password are personal to the Account Holder, are not transferable and must be kept in a secure and confidential manner. Account Holders are responsible for all information posted on or transmitted or the online payments system by anyone using their username and password and any payments due for services acquired through the system by anyone using their username and password. Account Holders must immediately notify Need a Tutor if there has been any breach of security or misuse of their username or password.
    12. Tutors and Learners may only communicate with each other using the Website's communication tools and must not communicate with each other outside of the Need a Tutor Website.
    13. Tutors and Learners must not request or exchange any identifying information about themselves, including, but not limited to, their phone number, e-mail address, postal address or details of any organisation, school or body of which they are a member.
    14. Account Holders must not use or allow another person to use the Website's communication tools (messaging system and web conferencing tools) to bully, intimidate, harass, threaten or otherwise infringe on the rights of any person using the Website.
  4. Obligations of Learners
    1. Learners must comply with these Terms and Conditions, the Privacy Policy, the Cancellation Policy and the Service Fees and Pricing Policy as amended from time to time.
    2. Learners may acquire tutoring services for another person (Third Party User). However, if tutoring services are acquired by a Learner on behalf of a Third Party User who is under the age of 18, the Learner must be present at all times while tutoring services are provided to that Third Party User and must directly supervise the Third Party User at all times.
    3. Learners must ensure that they are connected to the Website via an appropriate internet connection with the speed and bandwidth sufficient to receive lessons via our platform.
  5. Obligations of Tutors
    1. Tutors must comply with the Terms and Conditions, the Need a Tutor Privacy Policy, the Cancellation Policy and the Service Fees and Pricing Policy as amended from time to time.
    2. Tutors must be available to provide lessons at the time that has been agreed with the Learner. Tutors may seek to reschedule agreed lesson times on the provision of at least 48 hours' notice.
    3. Tutors must participate fully and professionally in all applicable sessions.
    4. Tutors must ensure that they are connected to the Website via an appropriate internet connection with the speed and bandwidth sufficient to deliver services via our platform.
  6. Fees and Charges
    1. Tutors may set their own fees. However, the fee must be specified as a fixed amount and must be clearly stated on their listing.
    2. Tutors' fees may be varied by Tutors from time to time, but are final once a booking has been made by a Learner and that booking has been accepted by the Tutor. Once a booking has been accepted, no additional fees or charges may be requested, including without limitation tips, charges for additional resources developed or provided or any other additional services acquired.
    3. In order to book a lesson with a Tutor the Learner must pay the Tutor's fees and a service fee charged by Need a Tutor (which is currently approximately 20% of the Tutor's fees). This final figure is displayed to the learner. Need a Tutor will hold fees in escrow and will remit payment to Tutors within a reasonable time, taking into consideration factors such public holidays and the time it takes for financial institutions to clear payments, after the tutoring services have been provided.
    4. When a Learner makes a payment by credit card they authorise Need a Tutor to debit their nominated card at the time the Learner submits their booking request. The name on the credit card used for the payment must match the name on the order.
    5. By making a booking, Learners acknowledge and agree that payment must be cleared by Need a Tutor to its satisfaction before it will confirm to the Tutor that tutoring services may be provided.
    6. In requesting, paying or attempting to pay for tutoring services, the Learner agrees that they have not engaged in any fraudulent conduct or contravened any law.
    7. The fees and charges of Need a Tutor are only final once a booking has been made. Prior to booking, Need a Tutor may vary the amount of its fees and charges at any time and for any reason without notice.
    8. Payments from Learners to Tutors may only be made via the Website using Need a Tutor's online payment system. Need a Tutor requires that payments be made via the Website to assist Learners to make legitimate bookings with Tutors, and to make payments for those transactions through Need a Tutor, and for no other purposes. Tutors must not under any circumstances request that payments from Learners be paid to them directly.
    9. Need a Tutor acts as agent for the Tutors, to find Learners for the Tutor and to offer services to Learners, and for Learners to access Tutors.
    10. Need a Tutor need to know the Tutors GST status so Need a Tutor can determine the final fee to Learners.
    11. The Need a Tutor platform offers Tutor services at a total price that covers the net fee due to the Tutor and the service fee charged by Need a Tutor.
    12. Tutors are responsible to comply with all individual Tax obligations as outlined by the Australian tax Office (ATO)
    13. Tutors may either be GST registered and/or required to be GST registered (e.g. where they have an annual turnover (gross income minus GST) of greater than $75,000 AUD (whether the services are provided via Need a Tutor or elsewhere).
    14. The Tutor determines their fee, the service fee from Need a Tutor is then added to this. This gross amount is displayed to the Learner on the Tutor Board™ and on the Tutor profile.
    15. Need a Tutor will act as agent for the Tutor with regard to invoicing the Learner.
    16. Need a Tutor collect the gross payment from the Learners via its platform and holds the payment in escrow until the session is completed.
    17. Need a Tutor is responsible for issuing invoices/receipts/tax invoices (as appropriate) to Learners on behalf of the Tutors.
    18. Need a Tutor need to be informed by Tutors of their GST-registration status.
    19. The Tutor must provide Need a Tutor with an ABN or a completed/valid Statement by Supplier. If neither an ABN nor a Statement by Supplier is provided by the Tutor, Need a Tutor Pty Ltd may be required to withhold 47% and remit the withholding to the ATO.
    20. It is your responsibility as a Tutor to inform Need a Tutor Pty Ltd if its GST registration status changes.
    21. Need a Tutor will provide the Tutor monthly with a summary statement showing the gross fees collected, the Need a tutor service fee, and relevant GST amounts applicable, and the net payment paid to the Tutor.
    22. Need a Tutor is neither the employer nor in partnership with the Tutors – the Tutors are acting as independent contractors.
    23. Need a Tutor facilitate the introduction of Tutors to Learners, and manage the payment arrangements; Tutors provide the services directly to Learners.
  7. Cancellations
    1. Cancellations and variations may be requested via the "my bookings" tab within each Account Holder's profile.
    2. Rescheduling Lessons: Learners may reschedule agreed lesson times without penalty on the provision of at least 7 days' notice. Learners may seek to reschedule agreed lesson times with less than 7 days' notice. However, if an alternative lesson time is not agreed before the scheduled lesson time, it will be deemed to have been cancelled at the time that the rescheduling request was made and clause 7.3, 7.4 or 7.5 will apply. Where necessary, Tutors may seek to reschedule lessons with at least 48 hours' notice. Any request to reschedule may be declined by a Learner, in which case clause 7.6 will apply.
    3. Cancellations by Learners with at least 7 days' notice: Learners will be provided with a full refund where a lesson is cancelled by the Learner with 7 or more days' notice.
    4. Cancellations by Learners with less than 7 days' but more than 48 hours' notice: Cancellations by Learners occurring less than 7 days but more than 48 hours before a lesson will attract a refund of the Tutor's fees, however Need a Tutor's fees of 20% plus GST will apply as a separate transaction.
    5. Cancellations by Learners with less than 48 hours' notice: Full payment is due and no refunds will be offered where a lesson is cancelled by a Learner with less than 48 hours' notice.
    6. Cancellations by Tutors: In the event that a session is cancelled by a Tutor, Learners will be refunded all amounts paid.
  8. Warranties you make
    1. You represent and warrant that:
      (a) all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date;
      (b) you have read, understood and agreed to these Terms and Conditions; and
      (c) you have complied with all Laws.
  9. Using the Website
    1. You agree that you will not engage in any activity that directly or indirectly interferes with or disrupts the operation of the Website or its services in anyway (or the servers and networks which are connected to the Website) or use the Website in a manner that adversely affects the availability of its resources to others.
    2. Need a Tutor cannot guarantee that any file or program available for download and/or execution from or via the Website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release Need a Tutor entirely of all responsibility of any consequences of its use.
    3. The Website and its contents are provided to you on "as is" basis; the site may contain errors, faults and inaccuracies and may not be complete and current.
    4. Need a Tutor reserves the right to change the Website at any time.
  10. Intellectual Property Rights
    1. This Website and all content forming part of the Website, including without limitation all photographs, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws.
    2. You acknowledge and agree that Need a Tutor owns, controls or is licensed all legal right, title and interest in and related to the Website, including all intellectual property rights.
    3. You also acknowledge that the lessons provided by Tutors are protected by intellectual property laws and cannot be stored, copied, reproduced, published, altered, adapted, distributed, printed, displayed, transmitted or commercialised in any form or by any means in whole or part without our prior written consent or the consent of the relevant Tutor.
    4. You may not:
      (a) modify or copy the layout or appearance of the Website or any computer software or code contained in the Website; and/or
      (b) decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
    5. Except where permitted under the Australian Copyright Act 1968 (Cth) or other applicable laws, and except for the temporary copy held in your computer's cache and a single copy for your own personal use, any of the Website content (including any substantial part of it) must not otherwise be used, stored, copied, reproduced, published, altered, adapted, distributed, printed, displayed, transmitted or commercialised in any form or by any means in whole or part without our prior written consent.
    6. If you post material to the Website or correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved products or services we provide.
  11. Third party Websites
    1. This Website may contain links to other web sites controlled by third parties (Third Party Websites).
    2. Need a Tutor is not responsible for the content or privacy practices of Third Party Websites.
    3. The Third Party Websites are provided solely for your convenience and do not constitute, expressly or impliedly, an endorsement by Need a Tutor of the third party or the products or services provided by the third party or any affiliation between Need a Tutor and the third party.
    4. You access Third Party Websites and/or use those Third Party Website's products and services solely at your own risk and should make your own enquiries before relying on any content contained in such Third Party Websites.
  12. Use of Cookies
    1. Cookies are small pieces of information that your browser stores on your computer hard drive.
    2. We use Cookies to provide you site usage information as well as to assist us to improve and develop the services we offer. Our cookies do not contain any personal identifiable information.
    3. If you disable cookies on your web browser, you may not be able to fully experience all features of the Website.
  13. Accuracy of communications
    1. You are exclusively responsible for ensuring that all communications, whether in writing or in electronic or paper form, sent by you using the Website are true, complete and accurate.
    2. If you are or ought reasonably to be aware that a communication has been corrupted, you must re-transmit or re-send that communication as soon as practicable after becoming aware or having the reasonable apprehension that the communication has been corrupted, together with a clear indication that it is a corrected communication.
    3. To the fullest extent permitted by any applicable laws, Need a Tutor hereby excludes and takes no responsibility and will not be held liable for any errors, omissions or misstatements on or related to the Website.
  14. Availability, withdrawal and suspension of service
    1. Whilst we endeavour to provide continuous access to the Website, we do not warrant that your access will be safe, uninterrupted, timely, secure or error free.
    2. Need a Tutor may at its discretion withdraw completely, or suspend for a period of time, the Website, or your access to it for any reason including without limitation:
      (a) if there is an interruption, system failure, fault, virus, maintenance or repair requirement, unauthorised access, denial of service or other malicious attack on any part of our computer or telecommunications system;
      (b) if you breach any part of these Terms and Conditions; or
      (c) if you use or assist others to use the Website for an inappropriate or unlawful purpose, including the storage or transmission of inappropriate, unlawful or offensive material.
  15. Exclusion and limitation of liability
    1. We do not warrant that the Website will be available at all times or that it will be provided without fault or disruption.
    2. Other than as expressly stated in relation to particular tutoring services, Need a Tutor and its related bodies corporate, directors, officers, employees, agents, contractors, successors or assignees makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, material or tutorial services included on the Website, except as otherwise provided under applicable laws.
    3. Subject to any rights you have under any consumer protection law, Need a Tutor excludes to the fullest extent possible under law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms and Conditions.
    4. Where any law (including the Australian Consumer Law) provides a consumer guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
    5. To the maximum extent permitted by applicable law, neither Need a Tutor, nor its Related Bodies Corporate, directors, officers, employees, agents, contractors, successors or assigns will be liable for any losses, costs or damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or data, or other pecuniary loss) whether those damages are direct, indirect, punitive, incidental, special or consequential damages, arising out of or in any way related to:
      (a) the Website;
      (b) your use of the Website and any sites linked to the Website;
      (c) any information obtained through the Website;
      (d) services supplied to you following your use of the Website;
      (e) reliance on or failure to act, on any information or service contained on or accessed through the Website;
      (f) a withdrawal or suspension of availability of a service;
      (g) errors, mistakes, inaccuracies or omissions on the Website;
      (h) personal injury or property damage of any nature resulting from your access to or use of the Website;
      (i) any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
      (j) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party;
      (k) the quality of any product or service of any linked sites; or
      (l) an inability to use the Website or with any delay in using the Website including, but not limited to, any interruptions to or cessation of access to the Website,
      in any case whether based on actions arising in contract, tort or otherwise howsoever arising, including negligence.
    6. Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you directly or indirectly cause or contribute to any of the loss or damage.
    7. Without limiting the foregoing, to the extent permitted by law, the liability of Need a Tutor for any claim will at all times be limited to supplying you the booking services offered by Need a Tutor again.
    8. You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities have no responsibility for the legality of your actions.
  16. Indemnity
    1. You will at all times indemnify, and keep indemnified, Need a Tutor and Need a Tutor's directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these Terms and Conditions.
  17. Termination
    1. You may stop using the Website at any time for any reason.
    2. Need a Tutor may suspend or limit your access to the Website in our absolute discretion without notice or liability to you for any reason.
    3. Need a Tutor reserves the right to, at its discretion, terminate these Terms and Conditions and your access to and use of the Website at any time.
    4. The exclusions and limitations of liability made by us in these Terms and Condition will survive termination or suspension of your access to the Website.
  18. General
    1. Need a Tutor may in its sole discretion amend these Terms and Conditions at any time. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time when a lesson is booked are those that govern your relationship with Need a Tutor with respect to that lesson.
    2. Need a Tutor may give notice to you by electronic mail. You may give notice to Need a Tutor by electronic mail to nat@needatutor.com.au.
    3. Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction where it may be lawful.
    4. A failure or delay by Need a Tutor to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Need a Tutor does not preclude its future exercise or the exercise of any power or right by or on behalf of Need a Tutor.
    5. Your use of this Website is governed by, construed and enforced in accordance with the laws of Victoria, Australia. Disputes arising from your use of this Website are exclusively subject to the jurisdiction of the courts of Victoria, Australia.
    6. The Website may be accessed throughout Australia and overseas. Need a Tutor makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this Website.
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© Need a Tutor Pty Ltd 2016. ABN: 50607394776.