Terms & Conditions

(ie: the fine print!)

Introduction
These terms and conditions govern your access and use of the site located at (http://tutifyme.com) (Site)

This Site is provided by Tutify Pty Ltd (ABN: 32 614 010 614) (Company, we, us and our).  

The Site is a platform which links tutors who have registered to use the Site (each a Tutor) with students who have been registered or been registered by a parent or guardian to use the Site (each a Client). The linking of Tutors to Clients is based on the criteria applied by Tutify to ensure that the most suitable Tutor is provided to each Client.

Each Tutor is self-employed. Any agreement made through the use of this Site by a Client with a Tutor for tuition services (Tuition Agreement) is an agreement between the Client and the Tutor and not between us and the Client.  

By registering as a user of our Site, whether as a Tutor or a Client you agree to be bound by these Terms and Conditions.

If you successfully register as a user of our Site, you will have the right to use those features of the Site relevant to the capacity to which you registered.

Matching Process
Using the information, you provide, Tutify will contact and communicate with selected Tutors to ascertain their availability and suitability on your behalf. Ideally, one to two potential Tutors will be presented as options to the enquiring Client. It is then up to the Client and the Tutor to decide whether or not to undertake a Tuition Arrangement, as per the conditions herein.

Tutify’s matching service matches tutors to clients based on their suitability. This is a function of their:

  • Geographic proximity
  • Availability
  • Expertise
  • Experience
  • Personality and interests

Fees
Tutify currently uses Stripe as its electronic payment provider for its payment facility.

When you use the payment facility, you agree to abide by Stripe’s acceptable use policy which can be found here: https://stripe.com/au/legal. Clients do not need a Stripe account to pay an invoice; a valid debit card or credit card can be used to setup payment through Stripe.

Tutify reserves the right to change the structure of any service fees, transaction fees or commissions it charges at any time.

Current fees or commissions will be clearly advertised on the Site prior to said fees or commissions being charged or taken.

Tutors
Tutify promotes a First Lesson Guarantee policy to potential Clients. You agree to incorporate this policy as part of your Tuition Agreement with every Client, namely the guarantee that, if for any reason the Client is dissatisfied with your first lesson, you will not charge them for it (and will provide a full refund if the lesson was paid for in advance).

This policy is designed to promote you to potential Clients, and from experience, is seldom invoked. Failure to honour the First Lesson Guarantee policy will lead to suspension and closure of your account.

You agree to only receive payment from Clients through Tutify’s payment facility in the event that you commence a Tuition Arrangement with a Client that has been established through the use of Tutify.

For the avoidance of doubt, this means you agree not to accept payment in the form of cash, cheque or any other form of money transfer other than through the payment facility.

You are required to be able to provide evidence of any claimed qualification(s) or background check(s) if requested by a Client during or prior to a Tuition Arrangement.

The requirement for a background check for individuals offering tuition varies from country to country, and is sometimes compulsory; thus, it is strongly recommended that you ascertain from your local government what your legal responsibilities are in this regard. You agree that you will comply with all such relevant legal responsibilities when using the Site.

The Site aims to promote and favour Tutors that are actively receiving ratings, reviews or hours from Clients, as well as tuition enquiries from potential Clients. Ratings, reviews and hours can only be received from Clients when payment is made through the payment facility.

If you are a Tutor, you agree that you will not object to us publishing comments, feedback and ratings about your activity through our Site, even though they may be critical.

If you feel that a Client review is unfairly impacting your reputation, you may contact Tutify to ask for the review to be examined. Tutify reserves the right to remove or edit hours, ratings, reviews and responses as it deems fit.

Tutors using the Site are self-employed, and therefore you accept all responsibility for complying with any taxation, insurance and employment-related responsibilities arising in connection with any Tuition Arrangement made with a Student. Tutify does not monitor or track this on your behalf.

Tutify wishes to make it clear that they do not support Tutors offering pre-written essays or ghost-writing services to Clients, where the end purpose is for the Student to submit work that is not their own (i.e. plagiarism).

Tutors that use the Site to advertise these (or similar) services may have their account deactivated.

We have and we are continuing to develop aids to assist Tutors in providing their services to Clients. We grant Tutors a non-transferrable non-exclusive licence to use our Tutor aids in the provision of Tutors’ services to Clients (and for no other purpose). We also welcome feedback any or suggestions for improvements or new features that you provide to us in respect of the Tutor aids in either other offline or online forums.

Clients
When requesting a tutor through the Site, you will be required to submit information in relation to yourself, for example your email address, your tuition requirements, etc.

In doing so, you agree for this information to be shared with potential Tutors and Tutify.

Tutify provides an electronic payment facility to enable Clients to easily pay, rate and review Tutors.

When you enter into a Tuition Arrangement with a Tutor through the use of the Site, you agree that you will only pay your Tutor through our payment facility.

For the avoidance of doubt, this means you agree not to pay your Tutor using cash, cheque or any other form of money transfer aside from the payment facility.

Tutify adds a service fee to each invoice processed through the payment facility.

Cancellations
We understand that from time to time you’re going to have to change lessons with limited notice. Our tutors understand this too, however, they have committed to come and see you which means they are unable to tutor anyone else during this time. To compensate the tutors for this lost opportunity, we charge a small fee (50% of the lesson) in the event that your cancellation or alteration is within 24 hours of the lesson.

We will try and waive the fee in extenuating circumstances, however, this is decided on a case by case basis. Where you provide us with more than 24 hours’ notice, we do not charge any cancellation or alteration fees.

Use of our Site
You may view our Site without being a registered user. However, as a condition of using certain aspects of our Site, you must register as either as a Client or a Tutor.

You do this by completing the sign-up form on our Site and agreeing to comply with these terms and conditions.  

Confidentiality and Privacy
When you become a registered user of our Site either as a Tutor or Client you will be asked to provide some personal information.

While we take reasonable steps to preserve the security of your information, please be aware that we cannot guarantee your use of the Site will be confidential and we cannot guarantee that any information you provide to us is perfectly secure.

Our Privacy Policy explains how we deal with your personal information that you provide to us or of which we become aware.

Your Responsibilities
You promise us that your registration details are true, accurate and complete when you submit them and that you will keep them up to date.

You are solely responsible for maintaining the security of your account and any use of our Site that occurs in conjunction with your username and password.

You must comply with any acceptable use or other policy published by us on our Site.

You must not:

  • use a false email address, impersonate others or misrepresent your affiliation with others;
  • share your Site login details with any other person or use the login details of any other person to access our Site;
  • interrupt or attempt to negatively impact or alter the operation of our Site in any way;
  • use our Site or any of the materials made available through our Site in a way that violates applicable laws, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory; or
  • modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re­sell any information, content, software, or materials obtained from or made available through our Site, other than in accordance with these terms and conditions.

Our Responsibilities
We are responsible for ensuring that our Site is suitable for the purposes for which it is made available to you.

We will, to the best of our ability, ensure our Site is available for access at all times but are not responsible if you are not able to access our Site as a result of (i) us undertaking preventative or remedial maintenance or (ii) as a result of any circumstances beyond our control.

Intellectual Property
The copyright to all materials on the Site belongs to us or those who authorise us to use it.

From time to time materials may be subject to specific usage rights and restrictions. We will notify you of any such rights and restrictions when you access the materials. Of course, you must only use the materials in accordance with those rights and subject to those restrictions.

You authorise us to edit, copy, publish, distribute, translate and otherwise use any content that you submit, specifically that is your own work and not in violation of any copyright to the public web pages of our Site.

Hyperlinks
Our Site contains links to other websites. These are provided for convenience only. We take no responsibility for the content and maintenance of, or privacy compliance by, any linked site. Any link to another site does not imply our endorsement, support, or sponsorship of the operator of that site nor of the information and/or products which they provide.

Monitoring your use of our Site
We reserve the right to monitor your use of our Site for the purpose of ensuring that our Site is functioning as we intended and that you are complying with these terms and conditions.

Limitation of Liability
To the extent permitted by the law of Australia, any guarantees, conditions or warranties which would otherwise be implied into these terms and conditions are excluded.  

To the full extent permitted by the law of Australia, our liability for our breach of any guarantee, condition or warranty is limited to the supply of our Site again or payment of the costs of having our services supplied again.

We accept no liability for any loss caused in whole, or in part, by your misuse, abuse or improper application of our Site.

We accept no liability for any loss of business opportunities, loss of profit, loss of business information, loss of reputation or goodwill or any other business interruption suffered by you as a result of your use of our Site.  

Feedback
If you wish to make any comments about our Site or please do so by submitting a by sending an email to [email protected]

Changes to these Terms and Conditions
We reserve the right to change these terms and conditions at any time. If you use our Site following any amendment to these terms and conditions you will be taken to have agreed to comply with the terms and conditions as changed.

We will take reasonable steps to let you know about any changes but you should also keep track of whether changes have been made to this policy by referring to the date of publication at the end of this page.

Termination
Your right to use our Site will continue until it is terminated by the Company or you close your account. We reserve the right to suspend or terminate your right to use of our Site if, at any time, you breach these terms and conditions.

Notices
Any notice we send to you will be emailed to the email address linked to your registration with our Site.

General
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.  If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

File uploads to our Site are not virus checked. It is the responsibility of the recipient of any file download from our Site to virus check the received file.

Content that complies with our acceptable use policy may nevertheless contain material that states or implies criticism of alternative views, including your own. You accept that this is a necessary part of free-flowing discussion.

Use of the Site is entirely at your own risk. You accept that Tutify is not responsible or liable for any harm or damage that may occur as a result.  

We are under no obligation to become involved in disputes between Tutors and Clients.  

These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales. You agree to submit to the jurisdiction of the courts in New South Wales.

January 2017

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