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), as well as your provision of tutoring services (Tutoring Services). This document is a legally binding agreement between Super Tutor App Pty Ltd (A.C.N.641 151 037) (we, us, our or Super Tutor App) and you, the provider of Tutoring Services (you or the Tutor).

Super Tutor App provides a platform for students and their parents (collectively referred to as Students) to be introduced to, and engage, a 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.

USE OF OUR SERVICE

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

AUSTRALIAN BUSINESS NUMBER (A.B.N.)

To be eligible to create an Account via the App, you are required to hold and submit with us, a current Australian Business Number (A.B.N.).

REGISTRATION VIA THE APP

Registration occurs when the Tutor 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, including your CV, is accurate and not misleading, in any way;
• the Australian Business Number (A.B.N.) that you are required to provide to us, belongs to you and not any third party;
• you have undergone a Working with Children Check and hold a current Working with Children Check card;
• you are not a registered sex offender and/or have not had any allegation of sexual misconduct, or other serious offence, made against you;
• you will not consume drugs or alcohol prior to performing Tutoring Services, or be otherwise intoxicated, at the time of performing Tutoring Services;
• you will immediately notify us of any changes to your criminal record, or of any other matter they may adversely impact your ability or suitability to provide the Tutoring Services, at a high standard;
• 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 provide 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.

Your Profile will only be displayed within the App, once we have verified your Working with Children Check number and/or status.

TERM OF AGREEMENT

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

CRIMINAL HISTORY CHECK

Super Tutor App reserves the right to require you to provide us with a criminal history check. In the event that it is disclosed, via a check or otherwise, that you have committed any dishonesty, violence or sexual offence, then we will immediately terminate your Account and you will not be permitted to provide Tutoring Services. Your failure or refusal to provide us with a criminal history check will also result in us terminating your Account.

PERFORMANCE OF TUTORING SERVICES

In delivering Tutoring Services, you:

• understand and acknowledge that Super Tutor App aims to ensure that all tutors provide a level of service that is superior to any other provider of tutoring services and therefore, you play an integral role in ensuring that such level of service is provided and maintained;
• must follow any prescribed processes, as reasonably directed by Super Tutor App ;
• must exercise and use your best efforts and techniques to achieve a high level of results and best possible outcomes, for Students; and
• must, at all relevant times, be punctual for tutoring appointments and present yourself in a clean, tidy and professional manner.

Super Tutor App recommends that you perform the Tutoring Services using video conferencing services to maximise efficient use of both Tutor or Student time. Alternatively, we recommend meeting in a public facility such as a local library or central location, to ensure your mutual safety and are able to maximise your earning potential, as well as minimising any transit time.

EQUIPMENT

You will be solely responsible for obtaining and using all equipment that may be required to perform Tutoring Services.

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 Tutor, via the App.

Payments for Tutoring Services

You are free to set your own fee for Tutoring Services, based on your own level of experience and expertise. We encourage you to add our 15% service fee (Service Fee) to your tutoring fee (Tutoring Fee).

Students will make all payments in connection with Tutoring Services, via the App, at the time of booking Tutoring Services. Under no circumstances, shall you directly accept any payment for Tutoring Services, from a Student, or request any such payment.

With respect to the Tutoring Fee that a Student makes to you, via the App, we will:

• deduct our Service Fee from the Tutoring Fee; and
• pay the balance to you via Stripe on a weekly basis.

Goods and Services Tax (GST)

With respect to Goods and Services Tax (GST):

• you are required to register for GST, if you expect that your business income will exceed $75,000 in any 12-month period;
• all amounts displayed within the App are inclusive of GST (10%);
• Super Tutor urges that the fees charged by Tutors should include a 10% GST allowance, as Super Tutor cannot predict the income of any Tutor;
• Super Tutor will pass on the full 10% GST inclusive amount to the Tutor, minus the Service Fee and transaction fees, plus the Super Tutor 10% GST obligation;
• Super Tutor is not responsible for the payment or collection of any GST, on behalf of any Tutor;
• once a Tutor’s business is registered for GST, then the Tutor must pay GST on all fees collected from Students, regardless of whether your business income is below the $75,000 threshold; and
• Super Tutor recommends that all Tutors seek independent and individual tax advice from a certified accountant. Nothing within these Terms should be interpreted as being tax advice.

CANCELLATIONS AND REFUNDS

A Student may cancel or change a scheduled Booking, via the App. However, in the event that a Student cancels a Booking within 24 hours of a scheduled Booking time, then you will be entitled to receive the full fee for the Booking, less our Service Fee.

In the event that a Student cancels a Booking that is scheduled for more than 24 hours from the Scheduled Booking time, then you will not be entitled to receive any payment. In such case, a Student may, but is under no obligation to, reschedule the Booking.

RATINGS VIA THE APP

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

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

You further agree that any comment that you may make, with respect to a Student 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 Student, 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 via the Website; 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 Tutor, may terminate these Terms at any time.

RELATIONSHIP OF PARTIES

The relationship between Super Tutor App and you is contractual only and does not create a relationship of employment, partnership or any other legal relationship. You agree and acknowledge that Super Tutor App merely provides the App as a platform for Students and Tutors to meet for the purpose of establishing a Student/Tutor learning relationship. Consequently, Super Tutor App cannot, and will not, be liable for any actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to your decision to become a registrant, via the App ,or your performance of Tutoring Services.

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 provide to Students.

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 Student, 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 21 July 2020.