Terms and Conditions - LearnCore Tutoring

Learncore Tutoring Terms and Conditions

Welcome to Learncore Tutoring! We provide online tutoring to K to 12 students in New South Wales (Services), as set out in more detail on our website (Site).

In these Terms, when we say you or your, we mean you as an individual if you are accepting these Terms for yourself. If you are accepting these Terms on behalf of a person who is under 18 years old, you represent that you are the parent or legal guardian of that individual and that you have the required authority to consent on behalf of the individual. When we say we, us, or our, we mean James McGregor Barratt t/as Learncore Tutoring (ABN 88 980 828 141).

These terms and conditions (Terms) form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use the Services unless you agree to these Terms.

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.

OUR DISCLOSURES

Please read these Terms carefully before you accept. We draw your attention to:

our privacy policy (on the Site) which sets out how we will handle your personal information;
clause 1.7 (Variations) which sets out how we may amend these Terms;
clause 1.8 which sets out that we do not guarantee any particular outcome from your use of the Services;
clause 3 (Bookings, Cancellations and Rescheduling) which sets out fees that may be payable by you to us if you cancel any scheduled Services on short notice; and
clause 10 (Liability) which sets out exclusions and limitations to our liability under these Terms.

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

Engagement and Term
1. These Terms apply from the time you agree to these Terms, until the date these Terms are terminated in accordance with their Terms (Term).
2. Subject to your compliance with these Terms, we will provide you with access to the Services.
3. Where we require access to your premises or computer systems in order to provide the Services, you agree to provide us with such access free from risk to the safety of our employees and contractors.
4. We will not be responsible for any other services unless expressly set out in these Terms or on our Site.
5. If we provide you with access to any new or beta services, you acknowledge that because of the developmental nature of such services, you use them at your own risk and we have no obligation to maintain or provide error corrections. Any new or beta services we provide you with access to are for evaluation purposes only and not for production use, and we may discontinue those services at any time at our sole discretion.
6. Where you engage third parties to operate alongside the Services (for example, any third-party software systems you wish to integrate with the Services), those third parties are independent of us and you are responsible for (meaning we will not be liable for) the goods or services they provide, unless we expressly agree otherwise.
7. We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Services after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you should cease using the Services.
8. To the maximum extent permitted by law and except where expressly set out on our Site, we make no warranty or representation to you that the Services or your use of the Services will result in a particular outcome or result, including that you will pass any examination, test or course, or obtain entry or qualification into any particular course.
Account
1. You must sign up for an Account in order to access and use the Services.
2. While you have an Account with us, you agree to:
  1. keep your information up-to-date (and ensure it remains true, accurate and complete);
  2. keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and
  3. notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.
3. If you close your Account, you will lose access to the Services.
Booking, Cancellation and Rescheduling
1. When you have an Account with us, you can purchase Services from us in the form of making a booking for a tutoring session (Booking). The Booking is confirmed once you select a time, date, subject and tutor (as applicable) through your Account.
2. You may purchase a single session, pack of sessions or other offering as made available by us. Session packs are valid from the purchase date for the time period set out on our website or as notified in person. Any unused sessions after this period will be forfeited.
3. Cancellations and rescheduling: You may request to cancel or reschedule a Booking for the Services through your Account. For cancellations or rescheduling:
  1. with more than 24 hours' notice: you may transfer your Booking to another available time; or
  2. with less than 24 hours' notice (or where you are more than 10 minutes late or do not show): your Booking will be forfeited and you must pay the full fee payable for that Booking and no fees paid upfront for that Booking will be refunded.
4. You acknowledge and agree that any fee charged to you pursuant to clause 3 is a genuine pre-estimate of the loss we may suffer as a result of your short notice cancellation or rescheduling of a Booking.
Fees
1. You may choose to purchase Services from us, as set out on our Site (Paid Services). You must pay all amounts due under these Terms in accordance with these Terms or as set out on our Site (as applicable).
2. We may offer free trials for certain Paid Services. At the end of the free trial, you will either begin to be charged for the Paid Service or lose access to it (unless you sign up to it as a Paid Service), as specified in the trial offer you sign up to.
3. Details of our Paid Services, including features, limitations and fees are set out on our Site. All Paid Services must be paid for within 7 days of receipt of our invoice for that Service.
4. Our payments methods will be set out at the time you purchase the Services. If you choose to pay your fees using one of our third-party payment processors, you may need to accept their terms and conditions (if this is the case, these will be set out at the time you make payment).
5. You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of the Services by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.
6. If any fees due under these Terms or as a result of your use of the Services are not paid on time, we may:
  1. suspend your access to the Services; and
  2. charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia’s cash rate, from time-to-time, plus 2% per annum, calculated daily and compounding monthly.
7. You are responsible for paying any levies or taxes associated with your use of the Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).
Licence
1. During the Term, we grant you a right to use our basic Services in accordance with these Terms. This right cannot be passed on or transferred to any other person.
2. When you purchase our Paid Services, we grant you the right to access the purchased Service until the earlier of the specified duration of access, these Terms are terminated or you cancel the specific Service. These rights cannot be passed on or transferred to any other person.
3. You must not:
  1. access or use the Services in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;
  2. interfere with or interrupt the supply of the Services, or any other person’s access to or use of the Services;
  3. introduce any viruses or other malicious software code into the Services;
  4. use any unauthorised or modified version of the Services, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to the Services;
  5. attempt to access any data or log into any server or account that you are not expressly authorised to access;
  6. use the Services in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing;
  7. circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party; or
  8. access or use the Services to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.
Availability, Disruption and Downtime
1. While we strive to always make the Services available to you, we do not make any promises that these will be available 100% of the time. The Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.
2. The Services may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.
3. We will try to provide you with reasonable notice, where possible, of any disruptions to your access to the Services.
Intellectual Property and Data
1. We own all intellectual property rights in the Services. This includes how the Services look and function, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on the Services.
2. We own or have licenses to all content displayed on the Services (Content). You do not have any ownership rights in any Content on the Services. Subject to your compliance with these Terms, we grant you a non-exclusive, revocable, non-sublicensable and non-transferable licence to view the Content, solely for your own personal us.
3. You must not, unless expressly authorised by us or these Terms:
  1. circumvent or disable any content protection system or technical protection measure used in the Services or the Content;
  2. copy or modify, in whole or in part, any of the Content;
  3. reproduce, retransmit, distribute, disseminate, sell, publish broadcast or otherwise commercialise the Content to any third party; or
  4. breach, or allow any third party to breach, any intellectual property rights in the Content.
4. We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.
5. When you use the Services, we may create anonymised statistical data from your usage of the Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve the Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make your data or identity identifiable.
6. This clause 7 will survive the termination or expiry of these Terms.
Confidential Information and Personal Information
1. While using the Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.
2. However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.
3. We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on the Site, and applicable privacy laws.
4. You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).
5. We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).
6. Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.
7. This clause 8 will survive the termination or expiry of these Terms.
Consumer Law Rights
1. In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms.
2. Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.
3. If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
4. This clause 9 will survive the termination or expiry of these Terms.
Liability
1. To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:
  1. your computing environment (for example, your hardware, software, information technology and telecommunications services and systems); or
  2. any use of the Services by a person or entity other than you.
2. Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:
  1. neither we or you are liable for any Consequential Loss;
  2. a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss;
  3. (where the Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and
  4. our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the amount of any fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates, and where no Services have been purchased, AU$1000.
3. This clause 10 will survive the termination or expiry of these Terms.
Suspension and Termination

Suspension

We may suspend your access to the Services where we reasonably believe there has been any unauthorised access to or use of the Services (such as the unauthorised sharing of login details for the Services). If we suspend your access to the Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate these Terms and your access to the Services will end.

Termination

We may terminate these Terms (meaning you will lose access to the Services) if:
1. you fail to pay your fees when they are due;
2. you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
3. you breach these Terms and that breach cannot be remedied;
4. we decide to discontinue the Services, in which case we will provide you with at least 90 days’ written notice; or
5. you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).
You may terminate these Terms if:
1. we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or
2. we breach these Terms and that breach cannot be remedied.
You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 12.8), and termination will take effect immediately.
Upon termination of these Terms, we will retain Your Data (including copies) as required by law or regulatory requirements.
Termination of these Terms will not affect any other rights or liabilities that we or you may have.
This clause 11 will survive the termination or expiry of these Terms.

General
1. Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.
2. Disputes: A Party may not commence court proceedings relating to any dispute arising from, or in connection with, this Agreement (Dispute) without first meeting a representative of the other Party within 10 Business Days of notifying that other Party of the Dispute. If the Parties cannot resolve the Dispute at that meeting, either Party may refer the Dispute to mediation administered by the Australian Disputes Centre.
3. Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including the Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.
4. Governing law: These Terms are governed by the laws of New South Wales, and any matter relating to these Terms is to be determined exclusively by the courts in New South Wales and any courts entitled to hear appeals from those courts.
5. Illegal Requests: We reserve the right to refuse any request for or in relation to the Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.
6. Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.
7. Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.
8. Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.
9. Professional Services Disclaimer: The Services do not constitute, and are not a substitute for, financial, legal or risk management advice.
Definitions
1. In these Terms:

Account means an account accessible to the individual or entity who signed up to the Services.

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of the Services (including the Services) will not constitute “Consequential Loss”.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.

Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.

Services means the services we provide to you, as detailed at the beginning of these Terms.

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

These Terms apply from the time you agree to these Terms, until the date these Terms are terminated in accordance with their Terms (Term).

Subject to your compliance with these Terms, we will provide you with access to the Services.

Where we require access to your premises or computer systems in order to provide the Services, you agree to provide us with such access free from risk to the safety of our employees and contractors.

We will not be responsible for any other services unless expressly set out in these Terms or on our Site.

You must sign up for an Account in order to access and use the Services.

While you have an Account with us, you agree to:

keep your information up-to-date (and ensure it remains true, accurate and complete);

keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and

notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.

If you close your Account, you will lose access to the Services.

When you have an Account with us, you can purchase Services from us in the form of making a booking for a tutoring session (Booking). The Booking is confirmed once you select a time, date, subject and tutor (as applicable) through your Account.

You may purchase a single session, pack of sessions or other offering as made available by us. Session packs are valid from the purchase date for the time period set out on our website or as notified in person. Any unused sessions after this period will be forfeited.

Cancellations and rescheduling: You may request to cancel or reschedule a Booking for the Services through your Account. For cancellations or rescheduling:

with more than 24 hours' notice: you may transfer your Booking to another available time; or

with less than 24 hours' notice (or where you are more than 10 minutes late or do not show): your Booking will be forfeited and you must pay the full fee payable for that Booking and no fees paid upfront for that Booking will be refunded.

You acknowledge and agree that any fee charged to you pursuant to clause 3 is a genuine pre-estimate of the loss we may suffer as a result of your short notice cancellation or rescheduling of a Booking.

You may choose to purchase Services from us, as set out on our Site (Paid Services). You must pay all amounts due under these Terms in accordance with these Terms or as set out on our Site (as applicable).

We may offer free trials for certain Paid Services. At the end of the free trial, you will either begin to be charged for the Paid Service or lose access to it (unless you sign up to it as a Paid Service), as specified in the trial offer you sign up to.

Details of our Paid Services, including features, limitations and fees are set out on our Site. All Paid Services must be paid for within 7 days of receipt of our invoice for that Service.

Our payments methods will be set out at the time you purchase the Services. If you choose to pay your fees using one of our third-party payment processors, you may need to accept their terms and conditions (if this is the case, these will be set out at the time you make payment).

If any fees due under these Terms or as a result of your use of the Services are not paid on time, we may:

suspend your access to the Services; and

charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia’s cash rate, from time-to-time, plus 2% per annum, calculated daily and compounding monthly.

You are responsible for paying any levies or taxes associated with your use of the Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).

During the Term, we grant you a right to use our basic Services in accordance with these Terms. This right cannot be passed on or transferred to any other person.

When you purchase our Paid Services, we grant you the right to access the purchased Service until the earlier of the specified duration of access, these Terms are terminated or you cancel the specific Service. These rights cannot be passed on or transferred to any other person.

You must not:

While we strive to always make the Services available to you, we do not make any promises that these will be available 100% of the time. The Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.

The Services may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.

We will try to provide you with reasonable notice, where possible, of any disruptions to your access to the Services.

You must not, unless expressly authorised by us or these Terms:

circumvent or disable any content protection system or technical protection measure used in the Services or the Content;

copy or modify, in whole or in part, any of the Content;

reproduce, retransmit, distribute, disseminate, sell, publish broadcast or otherwise commercialise the Content to any third party; or

breach, or allow any third party to breach, any intellectual property rights in the Content.

We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.

This clause 7 will survive the termination or expiry of these Terms.

However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.

We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on the Site, and applicable privacy laws.

You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).

We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).

Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.

This clause 8 will survive the termination or expiry of these Terms.

In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms.

Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.

If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

This clause 9 will survive the termination or expiry of these Terms.

To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:

Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:

This clause 10 will survive the termination or expiry of these Terms.

Suspension

Termination

We may terminate these Terms (meaning you will lose access to the Services) if:

you fail to pay your fees when they are due;

you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;

you breach these Terms and that breach cannot be remedied;

we decide to discontinue the Services, in which case we will provide you with at least 90 days’ written notice; or

you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).

You may terminate these Terms if:

we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or

we breach these Terms and that breach cannot be remedied.

You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 12.8), and termination will take effect immediately.

Upon termination of these Terms, we will retain Your Data (including copies) as required by law or regulatory requirements.

Termination of these Terms will not affect any other rights or liabilities that we or you may have.

This clause 11 will survive the termination or expiry of these Terms.

Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including the Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.

Governing law: These Terms are governed by the laws of New South Wales, and any matter relating to these Terms is to be determined exclusively by the courts in New South Wales and any courts entitled to hear appeals from those courts.

Illegal Requests: We reserve the right to refuse any request for or in relation to the Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.

Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.

Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.

Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.

Professional Services Disclaimer: The Services do not constitute, and are not a substitute for, financial, legal or risk management advice.

In these Terms: