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Terms of Use


The usage of this Website and its Services shall be governed by the terms of use as provided hereinunder ("Terms of Use"). By using or visiting the Website, the Tutor/User, as defined hereinbelow, agrees to be bound by these Terms of Use. If the Tutor/User does not agree any provision of these Terms of Use then, he/she must discontinue the access of the Website and/or discontinue availing the Services provided by the Website. For the purpose of these Terms of Use, any person who, accesses and/or avails the Services provided by the Website for tutoring such as upon registration, provides content and conducts trial classes and/ or program/ courses as provided on the Website shall be referred to as “Tutor” and any person, including Student or adult or parent or guardian of student below the age of 18 years and who accesses and/or avails the Services provided by the Website shall be referred to as "User".

The Website reserves the right to modify the Terms of Use, at any time, without providing any prior consent, or sending notification to, the Tutor/User(s), as the case maybe and such modified version of the Terms of Use shall be effective immediately upon its publication on the Website and will supersede all previous versions thereof. Continued use of the Website and/or Service(s), thereafter, shall be deemed to mean that the Tutor/User, as the case maybe, agrees to be bound by such modified Terms of Use.

Introduction

This website www.mywebtutor.com.au ("Website") is owned and operated by Web Tutor (Connected Dots Pty Ltd).

Registration

The Website reserves the right to deny registration or access to the Website, either completely or to any specific section or Service provided therein, at any time and without being under any obligation to provide any reason(s) or notice of any nature whatsoever to the Tutor/User. Please note that all information submitted for purposes of registration of the Website shall be dealt with, in accordance with our Privacy Policy, provided hereinafter.

Services

The website offers a marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services.

Through the website, Students can select the right tutor for their needs, attend the tutoring sessions and pay to the tutor for the services availed through the website. In making decisions, Students should review and investigate each tutor's self-reported credentials, education and experience, as well as reviews from other students. All tutoring sessions attended by a minor should be supervised by a responsible adult. As independent contractors hired by Students, Tutors control the methods, materials and all aspects of the tutoring.

Through the website, Tutors can create their profiles, acquire students to tutor, conduct tutoring sessions and receive payment for the tutoring offered through the website, after deduction of MyWebTutor’s Service Fee. As independent contractors hired by Students, Tutors control the methods, materials and all aspects of the tutoring.

All Tutors/ Students/ Users must review the detailed rules and policies governing the transactions and interactions between the tutor and the student through website’s FAQs page. Your acceptance of the terms of use of the website, includes the acceptance of the rules and policies on FAQs page. The link to FAQs pages are available here https://www.mywebtutor.com.au/faq/tutor and here https://www.mywebtutor.com.au/faq/student

Availability of Services

The Website endeavors to make available uninterrupted access to the Services. The Website uses proprietary, third-party licensed technologies and while all attempts are made to ensure stability and availability of the Services, the Website does not guarantee the availability of uninterrupted Services at all times. The User shall solely be responsible for all third party service(s), telephony and/or other fees and costs associated with access to the Website and use of the Services, including but not limited to obtaining and maintaining all telephone, computer hardware, software and other equipment required for such access and use of Services.

Obligations of the Tutor

The Tutor hereby agrees to provide the Content (as defined hereinafter) and conduct the teaching sessions upon the following terms and conditions:

The Tutor shall be responsible to collate, prepare, structure the content of the course offered by them ("Content"). The Website shall have the right but not the obligation to review and approve all the Content provided by the Tutor before the course is uploaded on the Website. Upon the Content being approved, the Course shall be published on the Website. In this regard, the Tutor hereby grants the Website a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Content submitted in any media, software or technology of any kind now existing or developed in the future. Further, the Tutor hereby undertakes that the Content posted on the Website shall not infringe any third party intellectual property and the Tutor agrees to indemnify, defend and hold harmless the Website and its officers, directors, agents, employees, licensors, representatives and third party providers from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney’s fees and related expenses, due to or arising out of any Content submitted on the Website.

The Content represents an original and unpublished “work” created by the Tutor and does not in any manner infringe upon any intellectual property whatsoever, including copyright of any third party or other entity.

The Content so provided by the Tutor has not been previously sold or provided to any third party or made available on any other website by any other party or assigned, transferred or pledged and neither has any right, title or interest or copyright or other intellectual property in the said Content been transferred to any third party.

The Tutor shall ensure that the Content provided to the Website or the style and manner in which the teaching sessions are conducted on the Website is unique and fresh and does not resemble and/or violate any intellectual property right of any third party.

The Content shall not be construed as defamatory to any person(s) and shall not contain any material which is obscene or blasphemous or contravenes any laws rules or regulations which may be in force in any country in which the Content may be received.

The Website is free to use any information, ideas, concepts or techniques or any other material provided to the Website by the Tutor to the Website without any additional compensation, acknowledgement whatsoever including, for developing, creating, modifying or improving the Content provided on the Website.

The Tutor agrees not to use the Website to recruit, solicit, or contact in any manner potential consumers for rendering services, employment or contracting for a business not affiliated with the Website or without the prior written permission of the Website.

The Tutor hereby undertakes and warrants to strictly use the Website for lawful purposes. The Tutor shall be solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to the use of this Website.

The Tutor hereby undertakes not to advertise its services for any independent services to any User of the Website or initiate any other business similar to the Website. This shall be deemed as a serious violation of these Terms of Use and may lead to an immediate termination of services with the Website. Further, the Website shall not be restricted to take any other remedy available in law for such breach of Terms of Use by the Tutor.

The Tutor agrees that he/she will not in any way interfere with the ability of any third party to access or use the Website and its Services; act in a manner that negatively affects other users’ ability to use the Website or the Services; interfere with or disrupt the Services or servers or networks connected to the Services being rendered by the Website, or disobey any requirements, procedures, policies, or regulations of the Website for rendering teaching program/ courses or Services.

The Tutor agrees to treat the Users with utmost respect and undertakes not use obscenities in the teaching session, make threats, or discuss matters other than those directly related to the academic subject for which assistance is sought with respect to the program/ courses opted by the User. Any such behavioral complaints received by the Website, shall result in subsequent termination of the Tutor from the Website, at the sole discretion of the Website. Further, the Tutor agrees not to solicit any personal information from any User, and agrees that if any User discloses such information, asks for any personal information, or suggests any offline meeting or conversation, the Tutor hereby agrees to report the same to the Website immediately.

Except as may be expressly required by the Website, the Tutor shall not disclose or make available to any third party, any information concerning its Contents provided on the Website. The Tutor shall not make any announcement, or releases to the press or any media service regarding the Website and or its operations and activities without prior written approval from the Website. The aforesaid confidentiality obligations shall survive and be binding on the Tutor herein, even after the termination or expiry of the services of the Tutor from the Website.

The Tutor hereby understands and acknowledges that in the matter of Course Fee, Company is only collecting the fee and passing it on to the Tutor after deducting MyWebTutor’s Service Fee on successful completion of Course including part completion.

The Tutor shall be responsible for payment of all applicable taxes and levies on income earned from offering program/ courses on MyWebTutor, including Service Tax.

The Fees quoted by the Tutor for a course offered on MyWebTutor is assumed to be inclusive of all taxes and levies that may apply and that the Tutor is responsible for paying.

Obligations of the User

The User must be 18 years of age or older to subscribe to the Services provided by the Website. While individuals under the age of 18 may utilize the Services, they may do so only under guidance of parent or guardian. Any payments received or Services availed from the Website by any User under the age of 18 shall be deemed to be undertaken under the guidance of parent or guardian and the Website shall not be responsible for any act of such User conducted otherwise under the guidance of the parent or legal guardian.

The User understands and agrees that the Website only facilitates the Services between the Tutor and the User and the Website shall not be responsible for any dispute, with regard the Content or the teaching session, between the User and Tutor.

Every User hereby undertakes to obtain a distinct Account for availing services of the Website. Each Account must be strictly operated for the benefit of the User alone in whose name the Account is registered with the Website. Usage of the Account, in a manner which includes, but is not limited to, usage of one Account by multiple Users in the same family, sharing the login details with third persons or pre-booking sessions which are not attended by the User shall be construed as abuse of account. Such abuse of Account shall be considered as a serious violation of the Terms of Use and the Website reserves the right to suspend and/or terminate such Account and/or even take necessary action in relation to such abuse. If the Account is suspended, the User is advised to contact the Website at the details provided at the Contact Us link in the Website.

The User hereby agrees and undertakes to pay the Fees in accordance with the payment schedule as mentioned in the Website for the selected course. If the User has any queries relating to the fee structure, then the User shall reach us at the details provided at the Contact Us link in the Website.

Unless otherwise specified, the Content on the Website is for personal and non-commercial use and the User shall be granted a limited license to access the Website for that purpose of the Services.

This Website has been established to allow the User to have a direct interaction with the Tutor by engaging in teaching sessions, either through live video and audio, text messages based communication system, file sharing as well as view sharing system. The User must not disclose any personal information or any other information to the Tutor or any person or to any other User(s) other than the authorized personals of the Website, who shall only use it for verification purposes as and when required. Every User shall ensure that no defamatory or derogatory remarks either on the Website or through any other medium, concerning the Tutor or other User or in general shall be posted. The Website has the right to terminate membership, without prior notification, and forfeit the Fees paid in advance for availing the Services of the Website.

The program/ courses shall be conducted as per schedule taking into account the course requirements, and from a time perspective availability of Tutor and Student. The Tutor will declare his/her working schedule and for each course he or she creates will also declare a schedule. The Student while purchasing a course shall be able to take notice of these schedules, compare these with his or own schedule and then proceed to purchase. Once a course is purchased, then Tutor and Student are both obligated to adhere to the schedule as necessitated by the course.

The User is not permitted to download modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Website without our express written consent of the Website. Any unauthorized use of the Content provided on the Website shall be deemed to be a breach of the Terms of Use of the Website and shall terminate the limited license granted by the Website.

The Content available to the User through the Website shall not be transferable from one User to any third party without the prior written approval of the Website.

Upon request of the User the Website shall provide such additional credentials and necessary information submitted by the Tutor in relation to their identity, experience, training, authorizations and or necessary qualifications, which is collected and maintained by the Website. Further, the User understands and agrees that it is not reasonably possible for the Website to check each and every credentials submitted by the Tutor, and for this reason, the Website cannot guarantee that the information submitted by the Tutor is accurate and shall not be responsible for any failure to verify and/or provide satisfactory evidence to support their credentials made available on the their profile. Therefore, the Website suggest and recommends that the User must check carefully all the relevant information in relation to a Tutor before selecting and course provided by the Tutor.

The User agrees to treat the Tutors with utmost respect and not use obscenities in the teaching session, make threats, or discuss matters other than those directly related to the academic subject for which assistance is sought with respect to the subject program/ courses opted by the User. Any such behavioral complaints received by the Website, shall result in subsequent termination of Services of the User immediately, and such termination shall be independent of any additional legal action taken by the Tutor and/or the Website.

Intellectual Property

Notwithstanding anything contained in these Terms of Use, all intellectual property in relation to all information, including without limitation copyright, designs, trademark (registered or unregistered), service marks, logos, graphics, icons, available and utilized on this Website shall solely and exclusively vest with the Website throughout the world in perpetuity. Any form of reproduction of any information contained on the Website or any part thereof, is prohibited, unless authorised in writing by the Website.

Information from this Website may be copied for personal use only, subject to all copyright notices and source indications also being reproduced without any modification made to the items copied from the Website. Some materials have been published on the Website with the permission of the relevant copyright owners. All rights are reserved on these materials and permission to copy them must be requested from the copyright owners (as indicated within these materials).

The Tutors hereby undertake and warrants that the Content provided through the Website shall not infringe any third party intellectual property whatsoever. All right, title and interest emanating from any literary, musical or other “work” as recognized under the Copyright Act, 1957, including in the script, lyrics and music relating to the Content and in any arrangements, adaptations, or translations thereof, shall automatically vest in and be the exclusive property of the Website at all times, for any purpose whatsoever. In the event such rights cannot automatically vest in the Website, the Tutor hereby agrees to assign, irrevocably and absolutely, all its right, title and interest therein to the Website and in this regard, shall execute all such deeds and documents as may be required to give effect thereto.

The Tutor acknowledges that all artistic, literary, and musical or other “work” delivered hereunder shall be construed as a "work-for-hire", as specified in the Copyright Act, 1957, specifically ordered or commissioned by the Website. Accordingly, the Tutor agrees that, immediately upon creation of the Content, the Website is, and shall be, deemed to be the author/creator/composer, as the case maybe with respect to such Content. Further, the Tutor irrevocably undertakes to obtain from each person whom it may engage for purposes of composing and creating the Content; (a) a waiver of all moral rights and the grant of all consents as may be necessary to permit the Website to enjoy the unrestricted use of the Content throughout the world in perpetuity. However, the Website agrees that upon termination of the arrangement with the Tutor, the Tutor will revert to being the owner of Content and all artistic, literary, and musical or other “work” delivered hereunder shall be construed as a “work-for-hire”, as specified in the Copyright Act, 1957 in relation to the Content shall vest with the Tutor.

Indemnification

The Tutor/User expressly agrees that the use of the Website is at the Tutor’s/User’s own risk. The Website is provided to the Tutor/User on an “as is where is” basis. The parties agree that the Website is only a facilitator of Services between the Tutor and User and is not responsible for any liability or disputes arising with respect to the Content or information provided by the Tutor to the User or otherwise.

The Content and information on this Website is periodically updated. The Content, information, software, product, features and services published on the Website may include inaccuracies or typographical errors. The Website may be temporarily unavailable from time to time due to required maintenance, telecommunication interruptions, or other disruptions. The Website and its directors, employees, affiliates, agents, representatives or subcontractors shall not be liable for any direct or indirect, punitive, incidental, special or consequential damages, whether based on contract, tort, strict liability or otherwise arising out of or in any way connected with the use of or inability to use this Website, or for any content, information, software, products, features and services obtained through this Website.

The Tutor agree to indemnify, defend and hold harmless the Website and its officers, directors, agents, employees, affiliates, licensors, representatives and third party providers from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney’s fees and related expenses, due to or arising out of any Content provided on the Website or the style or manner in which the Content is prepared and imparted by the Tutor and which resembles to or violates or infringes any intellectual property right of any third party, or with respect to any information provided during teaching session or with respect to any inappropriate behavioral conduct of the Tutor with the User on the Website.

The User hereby undertakes that all information/details provided by the User is true, correct, and authentic which is provided by the User and indemnifies the Website and its officers, directors, agents, employees, affiliates, licensors, representatives and third party providers from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney’s fees and related expenses, due to or arising out of the authenticity of the personal information provided on the Website.

Waiver

If any of these Terms of Use are deemed invalid or unenforceable for any reason whatsoever (including, but not limited to the exclusions and limitations as set out above), then the invalid or unenforceable provision will be severed from these Terms of Use and the remaining terms will continue to apply. Failure of the Website to enforce any of the provisions set out in these Terms of Use, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms of Use or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.

Termination

Notwithstanding anything contained in these Terms of Use, the Website retains the right to terminate or restrict the use of the Website by the Tutor/User or to transfer the Services of the Website to another web domain/service provider, without any obligation to provide any prior notice or intimate reason for termination or restriction or transfer in any manner whatsoever to the Tutor/User.

The Website reserves the right to permanently shut down the Website, entirely at its own discretion without any prior notice to the User. In the event the Website is closed down for any reason whatsoever then the Website shall refund such monies to the Users for the period outstanding during which the Services have not been made available by the Website by the User.

Applicable Law

These Terms of Use of this Website shall be governed by and shall be subject to the laws in Australia and shall be referred to the exclusive jurisdiction of the courts in Australia. The use of this Website is unauthorized in any jurisdiction that does not give effect to the provisions mentioned in these Terms of Use.

Queries and Complaints

All queries, grievances and complaints of the User shall be addressed and received as per the procedure provided at the “Contact Us” section on this Website.