By accessing or using www.tutormatch.com.au (‘The Website’), you agree to be bound by the below terms and conditions and privacy policy. TutorMatch Pty Ltd (ABN 46 672 441 744) (‘TutorMatch’) may modify this agreement at any time with modifications being effective and binding on all accessing or using The Website immediately upon the posting of the modifications on The Website.
This Website is only available to users who are at least 13 years old. If you are younger than this, please do not access, use or register for The Website. If you access, use or register for the Website, you represent that you are this age or older.
Purpose
The purpose of The Website is to connect Parents and Students with potential Private Tutors and Tutoring Companies as an educational and referral service.
We are not a Tutoring Company.
Parties
TutorMatch Pty Ltd (ABN 46 672 441 744) is the owner of The Website. TutorMatch Pty Ltd is not a party to contracts formed between a Private Tutor/Tutoring Company (offers to provide tutoring services) and Parent/Student (engages tutoring services) via The Website. The Website is merely a referral service platform in which Private Tutors/Tutoring Companies may list their services, Parents/Students may list their needs (per profile), and Private Tutors/Tutoring Companies and Parents/Students may contact each other.
Eligible users
Users may list as a Private Tutor, Tutoring Company, Parent or Student on The Website for free but it is a breach of these terms to act on behalf, or for the benefit of, other websites similar to TutorMatch as a tutor referral listing platform.
Decline and Cancellation discretion
TutorMatch may decline to accept any person (Private Tutors/Tutoring Companies/Parents/Studies) for registration with absolute discretion. TutorMatch may also cancel and delete an existing account for, but not limited to, not providing appropriate identification, acting inappropriately or engaging in illegal conduct when arranging a tutoring session or during a tutoring session or not complying with The Website’s terms and conditions. TutorMatch has sole and absolute discretion to determine membership of the Website. The termination of your use of The Website will not terminate your obligations under these Terms and Conditions.
Copyright and trademarks
TutorMatch owns copyright in the material and trademarks on The Website unless otherwise indicated and by accessing or using the Website you agree not to infringe any intellectual property rights owned by TutorMatch.
Information for personal, non-commercial use only
You agree that information The Website contains is for personal use only and may not be sold, redistributed or used for any commercial purpose (this includes but is not limited to the use of Tutors contact details for unsolicited commercial correspondence).
You may not transmit, distribute, modify, reproduce, copy, republish, upload or post any material from The Website including software and code. You must not use The Website for any purpose that is prohibited by these terms of use or unlawful.
You may not use robots, data mining, screen scraping or similar data gathering and extraction tools on The Website for establishing, advancing, maintaining or reproducing information contained on The Website in any publication, including your own website, unless you have the prior written consent of TutorMatch.
Using The Website as a Private Tutor or Tutoring Company
As a condition of your use of The Website, you agree that you will not:
- Post any threatening, obscene, abusive, indecent or defamatory material;
- Be false or misleading;
- Distribute or contain chain letters, spam or pyramid schemes;
- Infringe any third-party right;
- Contravene any laws;
- Impose an unreasonable load on our infrastructure or interfere with the proper working of The Website;
- Use automated means including robot spider or scraper to access The Website and collect content for any purpose without the express written consent of TutorMatch;
- Distribute technologies that may harm The Website or the interests or property of users of The Website including viruses;
- Distribute, copy or modify any other person’s content without their consent;
- Bypass measures used to restrict or prevent access to The Website;
- Harvest or otherwise collect information about others, including email addresses, without their consent;
You are solely responsible for all information that you submit to The Website and any consequences that may result from your information. TutorMatch reserves the right at its discretion to delete or refuse content TutorMatch believes to be inappropriate or in breach of the terms. TutorMatch also reserves the right at its discretion to restrict usage of the site either temporarily or permanently or refuse account registration. TutorMatch reserves the right at its absolute discretion to termination of a user’s account registration in the event Tutormatch believes a user is breaching the terms or for any othe reason at absolute discretion without reason or cause. No refund will be given in the event of termination of a Premium Private Tutor or Tutoring Company account.
Non-transferable membership
Your right to use The Website or registered membership is not assignable, re-sellable or transferable. Any password or right given to you to obtain documents or information is not assignable, re-sellable or transferable.
Special terms for tutor matching service
By using our service as a Parent or Student, you may receive contact from TutorMatch (such as search results or emails) recommending a Private Tutor or Tutoring Company. TutorMatch is a referral service, not a Tutoring Company. TutorMatch does not make any recommendations or guarantees as to the quality of the services provided by the Private Tutor or Tutoring Company suggested to you. Any Private Tutor or Tutoring Company suggested to you is merely in accordance with the information provided to us by the Private Tutors and Tutoring Companies that may match your specific needs. It is your responsibility to establish the suitability of the Private Tutor or Tutoring Company directly with the Private Tutor or Tutoring Company. TutorMatch does not make any representation regarding a Private Tutor or Tutoring Company. We highly recommend you execute sufficient verification with a Private Tutor or Tutoring Company before engaging any service – for example, via Police Check, Working With Children Check and Identity Check.
Parents/Students acknowledge and agree that The Website is not provided to facilitate cheating. Parents/Students must not inquire about hiring a Tutor to complete assignments, take exams or otherwise complete work on your behalf where such conduct breaches the rules of your academic institution. .
Special terms for Tutoring Company
Any user that falls into the category of Tutoring Company must register as a Tutoring Company. An educational institution is classified as a Tutoring Company by general definition or if it is deemed to be a Tutoring Company by TutorMatch.
TutorMatch reserves the right at its absolute discretion to deem a registered user as a Tutoring Company. TutorMatch also reserves the right at its absolute discretion to reject the registration of a user as a Private Tutor if the user is classified as a Tutoring Company by general definition or is deemed to be a Tutoring Company by TutorMatch.
Special terms for deals/promotions
Deals and promotions provided by Private Tutors and Tutoring Companies might be subject to change, cancellation or other conditions. It is your responsibility to confirm deals and promotions with Private Tutors and Tutoring Companies before engaging any tutoring services. TutorMatch provides no guarantee or responsibility on any deals and promotions from Private Tutors and Tutoring Companies.
No guarantees or endorsements of sites or services we link to or that link to us
TutorMatch provides links and pointers to internet sites maintained by third parties from the Website. Such linked sites are not under the control of TutorMatch and TutorMatch is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. TutorMatch is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TutorMatch of the linked site. TutorMatch is not responsible for the copyright compliance of any linked site. TutorMatch will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.
Advertisers and Sponsors
The Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on The Website is accurate and complies with applicable laws. TutorMatch is not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
No guarantees as to the service
TutorMatch provides no warranty to you that the services generally available through the Website will be uninterrupted or error-free or that defects in the service will be corrected. You also understand that TutorMatch cannot and does not guarantee or warrant to you that files available for downloading through the Website or delivered via electronic mail through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data.
Our rights to use information you send us
TutorMatch welcomes ideas and feedback from you about all aspects of the Website. You agree that TutorMatch may reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of The Website (such as forum and user feedback) or by email to TutorMatch. (Please read our privacy policy for more information as to how we deal with information you send to us.) TutorMatchmay also place your information on Tutors Field’s social media & blog channels include, but not limited to, Facebook page, Instagram page, LinkedIn page, TikTok page, Google+ and blog.
No guarantees as to security of your information
While TutorMatch takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on TutorMatch systems or on The Website. TutorMatch disclaims all liability to you to the greatest extent possible pursuant to law should this occur.
Your responsibility for your password and login
To become a registered user, you must provide a password and a login email. You are entirely responsible if you do not maintain the confidentiality of your password and login email. Furthermore, you are entirely responsible for any and all activities that occur under your login email. You may change your password at any time by following instructions. You may also delete services attached to your registration at your convenience.
You agree to immediately notify TutorMatch of any unauthorised use of your login email or any other breach of security known to you.
No misrepresentations allowed
You agree that it is a condition on your use of the Website and of any other services provided by TutorMatch or through the Website that you will not through any act or omission (including but not limited to creating a profile on The Website) mislead or deceive others.
General provisions
If any part of this agreement is held invalid that part shall be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable. Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.
For the purposes of this agreement the words ‘TutorMatch’, ‘We’, ‘Our’ and ‘Us’ refer to TutorMatch Pty Ltd and ‘The Website’ to materials delivered on www.tutormatch.com.au.
Personal information
Our Privacy Policy, as it may change from time to time, is a part of this Agreement. By using the Website, you agree to the collection, transfer, storage and use of your personal information by TutorMatch. You also agree to receive marketing communications from us unless you tell us that you prefer not receive such communications.
Disclaimer
You expressly understand and agree that your use of The Website is at your sole risk. The information, content and service from or through the Website are provided “as-is”, “as available”, with “all faults”, and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose).
TutorMatch is strictly a referral service. We serve only as a point of contact between the Private Tutor/Tutoring Company and the user, and we do not make any warranties or guarantees as to the accuracy or truthfulness of any information provided to us by the tutors of this service, or quality of services rendered to the user. It is a responsibility of the Private Tutor/Tutoring Company and user to establish mutual agreement as to the terms and feasibility of transactions and/or services prior to conducting any actual transactions and/or services. Further, it is the responsibility of the user to establish the safety, suitability and the appropriateness of a Private Tutor/Tutoring Company directly with the Private Tutor/Tutoring Company before engaging the Private Tutor/Tutoring Company. TutorMatch makes no representation or warranty with respect to any Private Tutor/Tutoring Company..
TutorMatch is not involved in the actual transaction or service between tutors and users. As a result, we have no control over the quality, safety or legality of the services advertised, the truth or accuracy of the listings, or the ability of either party to actually complete a transaction. TutorMatch cannot and does not confirm each user’s purported identity. We do not control the information provided by other users which is made available through our system. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense as appropriate in dealing with any unknown individual. Appropriate parental control, supervision and monitoring should at all times be applied by parents particularly when minors are involved with Private Tutors or Tutoring Companies. TutorMatch has the right but not the obligation to monitor and edit or remove any content in The Website including content delivered via the instant messaging system. TutorMatch does not regularly review posted content and takes no responsibility and assumes no liability for any content posted by you or any third party. Any reliance you place on such information is therefore strictly at your own risk.
Because we are not involved in the actual transaction between Private Tutors/Tutoring Companies and users, in the event that you have a dispute with one or more users of this service, you release TutorMatch (and our officers, directors, shareholders, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Limitation on liability
In no event will TutorMatch be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of The Website, even if TutorMatch has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, TutorMatch’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to TutorMatch for the service during the term of membership even if this amount is $0.00.
Indemnity and liabilities
You will indemnify TutorMatch, its officers, employees and agents against all loss, damage, costs, professional fees and expenses (including legal fees), actions, claims and liability arising directly or indirectly from or in relation to your use or misuse of The Website including but not limited to any and all liability whatsover for any claims, suits, injuries and/or damages arising from, or in any way related to: any inaccuracy, or incompleteness regarding a user’s profile, any misstatements or misrepresentations made by any user or any inappropriate behaviour by any user.
You acknowledge that a Private Tutor or Tutoring Company is not an employee, franchisee or contractor of TutorMatch and is entirely independent of TutorMatch. You acknowledge that TutorMatch has not screened users (Private Tutors/Tutoring Companies/Parents/Students). TutorMatch does not verify the accuracy of profiles including any qualifications listed and does not conduct police checks or Working with Children’s Checks. TutorMatch excludes its liability to the fullest extent permitted by law, and is not responsible for the conduct of any user (Private Tutors/Tutoring Companies/Parents/Students).
Use and disclosure of material
You consent to TutorMatch collecting, using and disclosing material in accordance with our Privacy Policy. TutorMatch cannot guarantee that this material will not be unlawfully accessed or altered by a third party during transit over the Internet or while on the Website.
Services changes
TutorMatch reserves the right to change, add or cancel services or features of The Website, as well as reformat and change material which you have posted to The Website without prior notice.
Service availability
TutorMatch does not guarantee that The Website services will be provided uninterrupted or error-free. The Websites may be temporarily unavailable.
No warranties
The content of The Website is intended for general information only. TutorMatch does not make any warranties or representations, express or implied, in relation to the completeness, accuracy or timeliness of the information contained in The Website. In particular, SSA does not make any warranties or representations, express or implied, in relation to the accuracy of information submitted by users in their profile, or in relation to the material and information provided by a Private Tutor or Tutoring Company (including an agent/representative/employee/contractor of a Tutoring Company) during tutoring sessions. To the extent permitted by law, TutorMatch excludes all liability for any direct, indirect or consequential damage, loss or costs caused by or in connection with your use of or inability to use The Website or TutorMatch’s breach of contract or statute, negligence or misrepresentation.
Subsequent transaction parties
The Website connects you with other parties who you may later enter into an agreement with (for example, you may hire a tutor, agree to teach a student or join a tutoring college). TutorMatch is not a party in these transactions and provides no warranties as to the quality of these services.
Premium Advertising
Premium Advertising options are offered to Private Tutors and Tutoring Companies who then may list on the site with paid Premium features, a recurring fee being charged monthly. You may cancel your advertising listing at any time, via the settings page. From the date you select cancel, no future charges will be made against your payment method. Your advertiser listing will remain on the site as Premium until your most recent previous payment expires. Each monthly payment entitles you to 30 days listing as Premium. No refunds are offered on Premium advertiser accounts.
TutorMatch may change the fee for Premium Advertising and the publishing of such fee on The Website at any time. We will notify Private Tutors and Tutoring Companies of the change to the Fee via email any time prior to the change becoming effective.
Waiver
A failure or delay by TutorMatch in exercising a right under these Terms and Conditions does not result in a waiver of that right. A waiver of any right under these Terms and Conditions must be made in writing.
Severability
If any part of these Terms and Conditions is held to be invalid or unenforceable that part shall be severed and the remaining Terms and Conditions will continue to be valid and enforceable.
Applicable law
These Terms and Conditions are governed by the laws of New South Wales and you submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts which may hear appeals from these courts in respect of proceedings regarding these Terms and Conditions.
