TERMS & CONDITIONS

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Terms & Conditions

i.e. Classroom Rules

Revised: October 2, 2018

Welcome to Tutable!

 

Tutable (“Tutable,” “we,” “us,” “our”, “platform”) provides an online browsable marketplace connecting independent tutors and students requiring one-on-one personalised lessons, which includes booking and payment services through our mobile application (the “Service(s)”), subject to the following Terms and Conditions. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to these Terms and Conditions.

 

These Terms and Conditions govern your use of Tutable to the full extent allowed by law, and provide information about the Tutable Service. When you create a Tutable account or use Tutable, you agree to these Terms as well as Stripe Connected Account Agreement (https://stripe.com/au/connect-account/legal)

 

You acknowledge and agree that:

 

  1. Tutable is not a party to any agreements between tutors and students.

  2. We only provide browsing, booking and payment processing services.

  3. We are not an agency, employer, broker, or insurer. When you register with Tutable, you do not become in any way employed or represented by us.

  4. There are different sections applicable to students, teachers or both. Make sure you read these terms carefully.

  5. These terms may change at any time. We retain the right to change or modify portions of these Terms of Service at any time.  If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you of any significant changes, either by email, an app notification, or through other reasonable means. Your continued use of the Service constitutes your acceptance of the new Terms of Service.

Key Terms

“User” “you” or “your” - a person, organisation or entity using the Services, including Students and Tutors.

“Student” - a person who creates a Tutable student account, “To Learn”, in order to book one-on-one/small group lessons with a tutor.

“Tutor” - a person who can provide requested tutoring services and who creates a Tutable tutor account, “To Teach”.

“Tutoring service” “session” or “class” - services provided by the registered Tutor in conjunction with the Tutable platform.

Your Responsibilities

As a Tutor:

You, and not Tutable, are solely responsible for the quality and content of the tutoring services you provide, and the profile content that you publish on the Tutable platform.

You are responsible for and agree to:

  1. Comply with the Terms & Conditions laid out in this document at all times.

  2. Ensure that your account contains up-to-date, accurate and true information at all times.

  3. Keep your Police Check and WWCC up-to-date. You must report to us any changes to your status stated in any of the documents you provide immediately.

  4. Provide us with true information about any relevant experience and qualifications you claim to have.

  5. Keep your availability up-to-date.

  6. Promptly and efficiently perform obligations to other Users under a Tutoring agreement indicated by a session booking.

  7. Observe your Visa requirements related to working in Australia, if applicable, such as work hours limit.

  8. You are responsible for checking that anything you use in creating your profile (i.e. photos), you have the full rights to. See our Induction document for the list of open source resources.

  9. Treat other Users with respect, and provide a supportive learning environment at all times when in session with a Student.

  10. Only report actual misconduct, as defined in our Frequently Asked Questions (https://www.tutable.com.au/faq - heading “What should I do if I'm having trouble with a student?”).

  11. Provide true feedback regarding the student’s conduct, behavior, willingness to learn, and preparedness.

  12. Observe and agree to Tutable’s capacity as a browsing platform, and not an agency, employer, or representation, as outlined in these Terms & Conditions, and not hold Tutable responsible for the frequency or quality of bookings, or the conduct of Students.

  13. All practices and equipment used it permitted by the NSW law.

You agree that you will not:​

  1. Impersonate any person, organisation or entity.
  2. Make any false statements or claims, including in regards to your identity, relevant experience or qualifications.

  3. Allow anyone else to use your account.

  4. Discriminate in any way against other users on the basis of race, religion, sex, gender, gender identity, occupation, sexual orientation, age, non-disqualifying physical or mental disability, national origin, veteran status, or any other basis covered by appropriate law.

  5. Attempt to circumvent Tutable payment system by requesting cash payments from students, or by asking for payment and contact outside of the Tutable platform.

  6. Base student ratings on their skill level in the subject, learning speed or any factors other than their conduct, behavior, willingness to learn, and preparedness.

 

As a Student:

 

You are responsible for and agree to:

  1. Making sure that your account contains up-to-date, accurate and true information at all times.

  2. Keep and honour every booking made through the platform whenever possible, and to give as much notice as possible in the unavoidable event of a cancellation or reschedule.

  3. Treat other users with respect at all times on and off the Platform.

  4. Only provide honest reviews

  5. Come to your tutoring session prepared, including bringing any necessary equipment previously agreed on with a Tutor.

  6. Observe any reasonable instructions that your Tutor provides, especially in regards to Occupational Health and Safety.

  7. Observe and agree to Tutable’s capacity as a browsing platform, and not an agency, employer, or representation, as outlined in these Terms & Conditions, and not hold Tutable responsible for the content, quality, or delivery of any Tutoring Services.

You agree that you will not:

  1. Discriminate in any way against other users on the basis of race, religion, sex, gender, gender identity, occupation, sexual orientation, age, non-disqualifying physical or mental disability, national origin, veteran status, or any other basis covered by appropriate law.

  2. Agree to provide payment of any kind outside of the platform, or in any other way attempt to circumvent Tutable’s payment system.

 

Our Requirements

 

As a Tutor:
  1. You need to be 18 years or over.

  2. You need to have the right to work in Australia.

  3. You will need to upload valid documents only. If we discover any fraudulent activity, your account will be deleted from the platform immediately and the issue may be forwarded to the police for further investigation.

  4. In order to work with students under 18, you MUST have a valid WWCC. Make sure it is a Paid and not a Volunteer number. By using Tutable you acknowledge that you understand that this is compulsory as it is required by the Australian law. If you do not have a WWCC, you must not accept any bookings from Students who are not 18 years of age and over. It is solely your responsibility, not Tutable’s, to ensure the age of the Students you have contact with.

  5. We must not have previously disabled your account for violation of law or any of our policies.

  6. You must not be a convicted sex offender.

 

As a Student:

  1. You need to be 18 or over to have an account.

  2. If you are under 18 you will need your parents to register for you.

  3. You are required to provide accurate information on your profile.

 

Release

 

You acknowledge that any and all agreements you make through the Tutable platform are solely between you and the Tutor/Student you are engaged with. Furthermore, Tutable takes no responsibility for any damages and/or losses incurred by your use of the platform, and you acknowledge and agree that you will not hold Tutable responsible for any circumstances arising from use of the Platform. If you have any kind of dispute relating to your use of the Platform, you agree to release us from any and all claims, liabilities, demands, and damages of every kind and nature arising out of, or in any way connected to, such dispute.

 

You agree that Tutable does not have control over the quality, delivery, accuracy, or any other such aspects of the Tutoring Services offered through the Platform, and that Tutable shall be released from any and all damages, demands, claims, and liabilities resulting from the improper use of this Platform, or the violation of any of these Terms & Conditions, or any other agreements provided directly or indirectly via the Platform or associated website http://www.tutable.com.au.

 

Our service is provided “as is”, and guarantees can not be made regarding its safety, security, availability, or functionality. To the extent permitted by law, we also disclaim all warranties, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

 

Additionally, our liability for anything that happens on or in relation to the Service is limited to the extent permitted by law. You agree that we won’t be liable for any lost profits, revenues, information, data, or any damages of any kind or nature arising out of these Terms, even when we know they are possible.


 

Payments

 

We use Stripe as our payment processing system.

 

  1. All transactions use AUD as the default currency.

  2. All payments incur 18% Tutable commission + Stripe fees.

  3. As a tutor, you will be paid on a weekly basis. Make sure you provide accurate bank details. We take no responsibility for payments made to the wrong bank account. Any losses incurred by any party, as a result of incorrect supplied information is solely your responsibility. This includes any losses suffered by Tutable in the form of dishonor or processing fees resulted from issues paying into incorrect or non-existent bank accounts.

  4. As a student, you will be charged at the time of booking

  5. Using Tutable does not make us your employer. Therefore, we don’t deduct tax. You are responsible for declaring your earnings. By using our Service, you acknowledge you are aware that you must declare your earnings for tax purposes, and that if you do not, you are breaking the law.

  6. Payments may not be made in person using cash, or via direct bank transfer, PayPal, or by any other means or service other than directly through the Tutable platform by using the booking function as intended. It is against the terms of service to attempt to circumvent our payment system and may lead to suspension or termination of your account. Furthermore, we cannot assist or follow up with any payments, disputes, or refunds that are not processed using our system.

 

Cancellations, Refunds and Partial Refunds

 

  1. As a Tutor, when you cancel a class the student will receive a full refund.

  2. As a Student, you can cancel or reschedule a class with 24 hours notice, with no penalty and a full refund. Cancelling or rescheduling within 24 hours before the class time will only return you an 80% refund. Please help us protect our tutors' livelihoods by cancelling or rescheduling with as much notice as possible.


 

Ratings & Reviews

 

As a review-based platform, we rely on true and accurate user reviews to ensure the quality of the Tutors we display on the service. You agree that when you leave a review about another user, it will be:

 

  1. True, accurate, fair, and reasonable to the best of your ability.

  2. As a student reviewing a tutor, based solely on the quality of the Tutoring Service, the Tutor’s knowledge of the subject and ability to explain and communicate, and the Tutor’s professional conduct during the lesson.

  3. As a tutor reviewing a student, based solely on the conduct, behavior, willingness to learn, and preparedness of the Student.

  4. In no way fabricated, exaggerated, or embellished.

  5. In no way a response to, or informed by, the review the other user left for you, or said they were going to leave for you.

  6. In no way informed by a request for a positive review from the user, or as part of a deal or agreement for mutually positive reviews, or based on any other factors than the outlined items 2. and 3. above.

 

Honest use of User accounts

You agree that, when creating user accounts, using the platform, booking classes, and processing transactions, you will;

 

  1. Create and list classes only that you have a genuine intention of tutoring to others.

  2. Create a maximum of one Tutor account and one Student account only. Beyond this, you cannot create multiple accounts.

  3. Create a Tutor account only for the genuine intention of listing and delivering classes.

  4. Create a Student account only for the genuine intention of browsing and booking available classes.

  5. Not create low-priced or false classes for any reason, including but not limited to the intention of processing bookings yourself or between friends/family to increase your ratings, reviews, platform status, and/or account activity.

  6. Not book your own classes between a Tutor and Student account that you hold yourself, or is held by friends, family, or another user, for the purpose of creating false ratings, reviews, platform status, and/or account activity.

 

Safety

 

Even though Tutable takes some precautions, such as requesting Users provide police checks and WWCC numbers, you are solely responsible for all interactions you have with other users on and off the platform. Tutable has no control and takes no responsibility for the conduct of any user on or off the Service. By using the Service you agree to exercise caution when interacting with other users. Tutable disclaims all liability in this regard.

In caring for your own personal safety and security when using the Service, you agree to;

  1. Never make your personal information, such as address and phone number, accessible to the public.

  2. Never provide your personal financial information to any other user of the platform. We are unable to deal with any issues which may arise due to making, requesting, or receiving payments off the platform.

  3. Never use any other means of payment, or requesting payment, than our own payment system. Cash in hand payments, bank transfers, PayPal, or any other means of attempting to circumvent the Tutable payment system are strictly prohibited.

  4. Not exchange personal phone numbers, email addresses, or any other means of contact outside of the platform with other users. All communication regarding class bookings, content, and enquiries must be performed through the platform.

Please carefully read through Safety Tips located on our website.

Expectations of Bookings

 

We cannot guarantee the frequency of bookings you will receive through the platform. We simply make Tutor/Student connections possible, we do not provide any guarantee, likelihood, or implication that connections or bookings will be made. When you list a class on the Platform, you agree that;

 

  1. It is not Tutable’s responsibility to find or provide Students for you.

  2. There is a chance you may not receive any bookings.

  3. Your class content, profile, hourly rate, experience, qualifications & documents (or lack thereof), reviews, imagery and any other profile or class listing content may affect your ability to book students.

  4. It is solely your responsibility to ensure your classes are presented well, your availability is up to date, and any other factors which may directly or indirectly affect your ability to book students.

  5. Offering highly niche or specialised classes may result in fewer than average bookings.

  6. Offering extremely popular or in-demand classes does not necessarily guarantee higher than average, or an increase in, bookings.

Availability

 

Tutable operates a rolling calendar where time slots phase out and become available on a day-by-day basis, 7 days in advance. It is your own responsibility to keep your availability updated in order to avoid lapsing. When you indicate available time slots on the Platform, you agree that;

 

  1. You must keep it updated at all times to reflect any changes in your actual availability.

  2. You are obligated to, and must make every effort to, accept all suitable bookings that you are requested for during your available hours.

  3. You are not required to set any minimum or maximum available hours.

 

Verification & Badges

 

Tutable uses profile badges to indicate a user’s additional qualifications, licenses, and/or other documents. In relation to the use of verifications & badges on the platform, you agree that:

 

  1. We may use Verification Services to ensure the legitimacy of these documents, however the responsibility to provide legitimate, valid, current, and legal documents is solely that of the User.

  2. These Verification Services are third parties, and they, not Tutable, are solely responsible for the accuracy and outcome of any verifications obtained through their service. Tutable accepts no responsibility for any damages incurred as a result of incorrect or incomplete information obtained from third parties.

  3. The issuing of a badge to a User remains entirely at the discretion of Tutable. Obtaining badges and verification may be subject to the provision of certain information or documentation, and determined by a third party verifier.

  4. Verifications and badges are accurate at the time of issue, but may not reflect the User’s current status. It is the User’s own responsibility to keep their information current. You agree that when entering into a booking or agreement with a user, you do so with awareness of this limitation, and that Tutable encourages you to confirm the badge validity with the User prior to commencing the booking.

  5. A user must immediately inform Tutable if a verification or badge is no longer valid. Tutable takes no responsibility for displaying badges based on outdated information.

  6. Any verification or badge displayed on the User’s profile is for use on the Tutable platform only, and does not constitute a long-term, legal, all-encompassing, or current version of the qualification or license it represents.

  7. Tutable retains the right to withhold, or remove without notice, a badge or verification for any reason, including but not limited to; you are in breach of the terms of service, we believe the badge is not valid, expired, or was issued incorrectly, obtained falsely, or for any other reason requires removal.

 

Quality and Content of Classes

 

Classes offered on Tutable are intended to be high quality, delivered by tutors who are experienced, knowledgeable, qualified, and passionate. You agree that, when listing, offering, and delivering classes, you will;

 

  1. Offer classes in topics only that you have a firm understanding of, and/or proven, extensive experience in.

  2. Offer classes in topics only that you have any and all necessary qualifications in, if that class or topic requires a qualification to practise, teach, lead, and/or engage in.

 

Any class topics that have the potential to be dangerous, misleading, inappropriate, or otherwise high risk are considered restricted and require the tutor to hold appropriate qualifications before offering a Tutoring Service in this skill or subject. A list of restricted classes is available in the Tutor Information Pack. This list is subject to change without notice, and should not be considered a complete list of all possible restricted classes. Restricted classes fall into two categories; Qualification Required, and Disclaimer Required.

 

If you are offering a Qualification Required restricted class, you agree that;

 

  1. You have read and familiarised yourself with your obligations.

  2. You hold any and all necessary qualifications, licenses, and/or documents to authorise you to safely and appropriately tutor in this subject, and you have provided these documents to Tutable.

  3. It is the responsibility of you, not Tutable, to ensure that you are appropriately licensed to provide your Tutoring Services.

 

The nature of these qualifications, licenses, and/or documents are determined and dictated by Australian law, and/or by the official association, board, club, union, or other official organisation governing the use, recreation, teaching, and practice of the skill or subject in Australia and/or New South Wales.

 

If you are offering a Disclaimer Required restricted class, you agree that;

 

  1. You are aware the topic you are tutoring is either unproven, disproven, within an unexplored field, or the available information about this topic is otherwise unable to be verified as truly factual and informative.

  2. You may not present the information in a misleading way.

  3. You must display an appropriate disclaimer on your class listing, acknowledging the unproven nature of the topic.

  4. Tutable does not necessarily endorse any topic, subject, or skill that is allowed on the Platform.

 

Almost all classes which are legal and ethical in nature are welcome to be offered on Tutable. Class categories which are not permitted in any form on the platform include, but may not be limited to;

 

  1. Classes offering a skill which may directly or indirectly break the law.

  2. Classes offering a skill which may, by a reasonable person, be considered unethical or immoral.

  3. Classes offering a skill which is directly sexual in nature. This refers to classes where explicit sexual contact is required or encouraged, not skills which have a sexual socio-cultural connotation.


 

Conduct

 

You agree that you will use common sense and decency in all your interactions as a Tutable registered member, whether online or offline, and that while engaged in activities in your capacity as a Tutor or Student, you will not conduct yourself in any way that a reasonable person would consider rude, abusive, unnecessarily offensive, harmful, discriminatory, or resulting in any kind of mental or physical harm, harm to property, or any other damages.

 

Reporting Misconduct

 

If you experience a serious issue with any other Tutable user on or off the service and believe we need to investigate them, please provide us the details at https://www.tutable.com.au/report and we will do our best to resolve the situation.

Please be detailed in your report. We may get in touch with you if we require further information.

 

You agree that, when and if you lodge a report with us, you will;

 

  1. Provide true, accurate, objective, and fair information only.

  2. Lodge the report in a timely manner so as to minimise further damages.

  3. Provide all requested information, and all additional information that you believe is reasonable, required, and necessary for us to investigate your report.

  4. Assist with providing further information if we require it.

 

Permissions You Grant Us

 

By posting any content through our Services;

 

  1. You grant Tutable a license to use it. This does not mean that we are claiming any ownership to your content, but you give us permission to use it in order to help Tutable operate and grow. In other words, by posting your content, you grant Tutable a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, copy, translate, distribute, store, and prepare derivative works of your content. This allows us to provide you with our Services and to promote Tutable, or your classes, through any channels and in any formats, including across any Tutable Services, our partners, or third-party website or advertising channels.

  1. You agree that we may use any of your uploaded content including name, location, class topics, imagery, and biographical information for any purpose, including but not limited to, marketing, promotion, social media, and internal documents. The information we may use is limited to what appears publicly to other users on the platform, and does not include private information such as personal financial information, earnings, exact address, and any other information which cannot be viewed by other users on the platform.

  2. You agree not to assert any moral rights or rights of publicity against us for using your content. You also recognise our legitimate interest in using it, in accordance with this license, to the extent your content contains any personal information.

  3. You agree that we can download and install updates to the Service on your device.

  4. You agree that we may access, retain, and disclose your account information and content if required to do so by law or in a good faith belief that such actions are reasonably necessary to comply with legal process, enforce these terms, respond to misconduct reports, and/or any other reasonable use and requirement of the information.

  5. You grant permission to us and to our payment processor, Stripe, to carry out any financial activity that you authorize by way of using the financial aspects of the Platform, which may include but not be limited to class bookings, deducting commission & service fees, and issuing refunds or partial refunds.

 

Content Removal and Disabling or Terminating Your Account

 

Tutable leaves any decision of suspension or termination of a user account up to our discretion. Your account can be suspended or terminated if you violate any part of these terms and conditions including but not limited to:

  1. If you attempt to circumvent our payment system by encouraging another party (tutor or student) to use cash or direct debit payments.

  2. In case of serious misconduct.

We might request you to remove/change any content in your profile if:

  1. You have used content that you do not have the full rights for.

  2. You use offensive language or inappropriate imagery in any part of your profile.

  3. You post your contact details in any part of the profile.

  4. Your imagery and description are not well presented.