These Registration Terms (these Terms) set out the terms that govern your use of the services offered via the Super Tutor software application (the App). This document is a legally binding agreement between Super Tutor App Pty Ltd trading as Super Tutor App (A.B.N.60 641 151 037) (we, us, our or Super Tutor App) and you, the recipient of tutoring services (Student).

Super Tutor App provides a platform for Students to be introduced to, and engage, a tutor (Tutor) to provide tutoring services (our Service).

Your decision to create an account via the App (the Account) means that you acknowledge that you have read and understood these Terms and agree to be bound by them. Your access to our Service is conditional upon your acceptance and ongoing compliance with these Terms.

We reserve the right to decline, for any reason whatsoever, any request for registration via the App.

STUDENTS AGED 17 YEARS AND YOUNGER

If you are aged 17 years or younger, then you must obtain your parent or legal guardian’s consent, before accessing the App and registering for an Account. This is to assist to ensure that your personal safety is not unnecessarily placed at risk. It is to also ensure that you have obtained permission to pay for tutoring services, via a parent and/or guardian’s credit card.

At the time of registering to create an Account with us, you must complete the mandatory section within the App to provide your parent and/or guardian contact details and acknowledge that you have been granted with their permission to use the App.

You agree and acknowledge that Super Tutor App may email your nominated parent and/or guardian to inform them that you have created an Account via the App.

USE OF OUR SERVICE

In order to use our Service, you must first register as a Student, via the registration process within the App.

REGISTRATION VIA THE APP

Registration occurs when the Student creates an Account, via the App. When creating an Account, you warrant that:

• you will provide accurate, current and complete information;
• all information that you provide for the purpose of creating and displaying your personal profile (your Profile) within the App, is accurate and not misleading, in any way;
• you are solely responsible for maintaining the confidentiality of your Account log-in information, such as username, password, and any other identifying information, and are solely responsible for all activities that occur under your Account;
• you will not permit another person to use your Account, or receive Tutoring Services, on your behalf; and
• you will immediately notify Super Tutor App of any unauthorised use of your Account or any other breach of security. Super Tutor App will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.

After you create an Account, you may change information relating to the Account and in doing so, you undertake to update details relating to your Account with true and accurate information at all times.

We undertake to take all due care with any information you provide to us when creating, updating and accessing your Account, and we agree to comply with Australian Privacy laws as set out in the Super Tutor App Privacy Policy.

Registration via the App entitles you to a non-exclusive, non-transferable right to access and use our Service and the App, subject to these Terms. You agree to be solely responsible for any conduct associated with, or originating from your Account.

We reserve the right to edit or delete your Profile, or any part of it, for any reason.

TERM OF AGREEMENT

These Terms will continue until such time that termination has occurred, in accordance with these Terms.

BOOKINGS AND COMMUNICATIONS ONLY TO BE MADE VIA THE APP

Super Tutor App is not responsible for any communications, bookings or payments made outside of the App. Super Tutor App will not act as an intermediary for any disputes that occur outside of the App.

PAYMENTS

Payment to register and access the App

There is no cost for registering as a Student, via the App.

Payment for Tutoring Services

You must make all payments in connection with Tutoring Services, via the App, at the time of booking Tutoring Services. Under no circumstances, shall you directly make any payment for Tutoring Services, to a Tutor.

Goods and services tax (GST)

All prices displayed in connection with the App are in Australian dollars (AUD) and may include or exclude GST, depending on whether or not the Tutor who you engage with, is registered for GST.

CANCELLATIONS AND REFUNDS

You may cancel or change a scheduled Booking, via the App. However, in the event that you cancel a Booking within 24 hours of a scheduled Booking time, then you will be obliged to pay the full fee for the Booking.

In the event that you cancel a Booking that is scheduled for more than 24 hours from the Scheduled Booking time, then you will not be required to pay for that Booking. In such case, you may, but are under no obligation to, reschedule the Booking with the Tutor.

RATINGS VIA THE APP

You understand and acknowledge that both you and a Tutor may rate and post comments with respect to each other, via a rating function within the App. Tutors may only input their rating of you, based on their experience of providing you with Tutoring Services. You may only input your rating of a Tutor, based on your experience with a Tutor (for example, reliability, punctuality, communication skills, etc.).

You agree to not post any rating or comment that does not accurately reflect your experience with a Tutor, with respect to the Tutoring Services that you have received from them.

You further agree that any comment that you may make, with respect to a Tutor, is fair, balanced and reasonable, in the circumstances.

Super Tutor App reserves the right to edit or delete any comments made by you or a Tutor, via the App.

PROHIBITED CONDUCT

In relation to our Services, you must not:

• use our Service for any activities, or post or transmit via the App, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
• use our Service to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the App or the Internet;
• use our Service to send unsolicited commercial electronic messages;
• in any way tamper with, hinder or modify the App;
• knowingly transmit any viruses or other disabling features to the App; or
• attempt any of the above acts or facilitate or assist another person to do any of the above acts.

TERMINATION

Super Tutor App, or the Student, may terminate these Terms at any time.

REPRESENTATIONS AND WARRANTIES

Subject to all applicable laws, our Service is provided by on an ‘as is’ basis and we make no representation or warranty, express or implied, including any implied warranty of merchantability or fitness for a particular purpose.

EXCLUSIONS AND LIMITATIONS OF WARRANTY

To the extent permitted by law, Super Tutor App will not be liable for any loss or damages, whether direct, indirect, incidental or consequential, arising from:

1. suspension or cancellation of your Account;
2. your use of our Service;
3. any interruptions or delays in accessing the App;
4. circumstances beyond the reasonable control of Super Tutor App; or
5. a Tutor’s performance of Tutoring Services

whether in contract, tort (including negligence) or otherwise.

All conditions and warranties, which may be implied by law into these Terms, are excluded except to the extent that it would be unlawful to do so.

To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by these Terms, is limited, at our option, to one or more of the following:

• the resupply of our Service; or
• the payment of the cost of having our Service resupplied.

INDEMNITY

To the fullest extent permitted by law, you agree to indemnify Super Tutor App and the Tutor, from any liability for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from your use of our Service or the Tutoring Services that you receive..

ASSIGNMENT

You must not assign, transfer or sub-licence any of your rights or obligations, under these Terms.

DISPUTES

You agree to use your best endeavours to resolve any disputes arising out of these Terms. In the event that a dispute arises between you and a Tutor, or you and Super Tutor App, then you agree to use your best endeavours to resolve such dispute within a period of seven (7) days from the time that you become aware of a dispute.

In the event that a dispute arises and has not been resolved within seven (7) days, then the parties agree to use their best endeavours to settle the dispute by mediation, by a Mediator appointed by the President of the Law Society of New South Wales.

GENERAL

If any provision of these Terms is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.

All rights not expressly granted in these Terms are reserved.

If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you.

JURISDICTION

The laws of the state of New South Wales govern these Terms.

CONTACT US

Please email us if you have any questions relating to these Terms.

These Terms were last updated on 23 July 2020.