e2A Tutoring Pty Ltd

Terms and Conditions

Terms and Conditions
Last Updated on 27 May 2020

In this Terms and Conditions (“Terms’) and any other e2A agreement or e2A policy:
● “e2A”, “us”, “our” “ourselves” or “we” refers to e2A Tutoring Pty Ltd (ABN 68 637 327 970).
● “You”, “your”, “yourselves” or “themselves” refers to user, student, client, parents, guardian, tutor or any other entities that access or use our Website: https://www.e2Atutoring.com.au (“Site”) or subscribe to our Services (defined below).

Please read the following Terms and e2A Privacy Policy carefully.

These Terms and policies form a binding legal agreement between you and e2A when you access or use the Site, services, and Contents. Contents refer to any content provided by e2A or yourselves through the Site and Services. If you do not agree and accept these Terms, please stop using the Site or Services provided immediately. e2A reserves the right, at our sole discretion, to revise, discontinue or terminate the Site or Services or to modify these Terms and policy, with or without notice. We will update our “Last Updated” date at the beginning of these Terms should there be any update. By continuing to access or use the Site or Services on or after the Last Updated date, you acknowledge and agree to be bound by the updated Terms.

Age Restrictions
Access, registration, subscription and participation on the Site or Services are restricted to those individuals:
● age 18 years or over or
● to those who are under 18 years of age but have parent or guardian consent, and are fully able, competent  and have the legal capacity to enter into contract as per Terms, conditions, policies, obligations, representations and warranties herein.

Services
Services refers to and not limited to: An online platform that connects students with tutors, platform to purchase and schedule lessons and to conduct private and online tutoring lesson via our Site or via contracted third-party platforms, study or tutoring materials provided by e2A or yourselves, student discussion forum, mails, blogs, e2A social media accounts or any other functions made available via our Site or third party suppliers contracted by e2A.

Conducts and Contents
When using our Site and Services, you agree to always conduct yourself in a responsible, appropriate, lawful and proper manner. You agree and acknowledge that e2A is not responsible for any inappropriate or prohibited conducts and contents by you, other users or any third party on the Sites or Services. You agree and acknowledge that we do not have any obligation and responsibility to monitor or record the activity of any visitor or users of our Site and Services. e2A reserves, in its sole discretion, the authority and rights to, at any time without notice, investigate any prohibited conducts and contents, taking actions including review and removal of contents, termination of user, suspension user or pursue legal action if required. Prohibited conducts and contents include, but not limited to the following conducts and contents that:

i. defame, harass or threaten others;
ii. involve illegal activities with the intent to commit such activities or encourage others to commit such activities;
iii. infringes or misappropriate e2A or other’s intellectual property rights including, but not limited to copyrights, trademarks or trade secrets;
iv. are contractual or legally confidential;
v. are obscene, profane, abusive, discriminative, misleading or hateful;
vi. are advertising, promotional materials, or any form of commercial purpose solicitation without written consent from e2A;
vii. breaches or otherwise circumvents any security measures on the Site and Services or other users and attempt to gain unauthorised access;
viii. are unlawful or that violates any applicable local, state, national or international laws and regulations;
ix. interfere with or disrupt any user, host, system or network, for example by sending a virus, malware overloading, flooding, spamming, or mail-bombing another user or part of the Site.

To the maximum extent permitted by law, e2A will not be held responsible or accountable for any inappropriate and prohibited conducts by our users and contracted tutors. In the event of any legal claim and criminal prosecution against users or tutors, e2A will provide the necessary information and cooperation to related authorities, if required. All tutor recruited by e2A hold a valid Working with Children Check.

Non-Solicitation
You agree that you will not solicit services of any e2A employee or tutor employed or contracted by us without our written consent. In the event you breach this term, we may terminate your account and services immediately, with or without notice. Any credit balance or payment due, as a result of this breach, will be forfeited. This clause will survive termination of these Terms and Services.

Links
The Site or Services may contain hyperlinks or links to third-party websites or resources. You acknowledge and agree that e2A does not endorse such links. We are not responsible or liable for the availability, accuracy or safety of the content, products, or services on or available from such links. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.

Intellectual Property Rights/Ownership
e2A owns all intellectual property rights including Copyright on our Site and Services. e2A grants you limited and non-transferable permission to use our Site and Services as per these Terms and solely for personal, non-commercial use. Except as permitted by the Copyright Act 1968 or other laws applicable to you, you may not reproduce, published, create derivative works or commercialize any of the content on this Site, including files downloadable from this Site, without the written consent of the e2A.

If you upload, create or post any user Contents, including but not limited to, feedback, study materials, discussion posts, video or recording of tutoring session during your use of our Site and Services, you consent that you have automatically granted us a worldwide, non-exclusive, royalty-free, transferable and irrevocable rights to use those user Contents in any ways we see fit, including reproduce, publish or distribute. You consent to an infringement of your moral rights and acknowledge that you have the full intellectual property rights to the user Contents. We may use your user Contents, with or without notice, for any activities related to this Site and Services including marketing or promotional events. This clause will survive the termination of these Terms and Services.

We do use third party products and services in providing our Services and Site. Some of these contents (images and photos) are available free for commercial use (with no attributions required) by Pixabay: https://pixabay.com/service/license/ and Unsplash: https://unsplash.com/license/. However, original authors’ handwork is greatly appreciated.

Account and Registrations
On signing up, as a customer or tutor, using the Site and Services, you agree to provide accurate and true information. You must keep your information updated and current at all times. It is your sole responsibility to keep your login details, personal information or any of your contents uploaded to the Site secure and confidential (if applicable). e2A is not liable for any damages or loss as a result of any breach or unauthorised access. You must notify e2A immediately if you suspect your account is compromised. We reserve the right to disallow registration, suspend or terminate any account with or without notice, and without liability to e2A.

Customer Account
Customers include students, parents and guardians. To use our services, you are required to register a student account and a client account with e2A. Students will be the individual who receives tutoring services while the client is responsible for duties such as managing payments, booking and monitoring student’s progress. We will require basic information such as emails, password, student year and grade, subjects, contacts and address. We and our contracted third party suppliers will not store customer payment details.

If you are a student age under 18 years, you will need your parent or guardian who is 18 years or over in age and who has the legal capacity to sign up a student account on your behalf and sign up a client account for themselves.

If you are a student age 18 years or over and have legal capacity to enter into a contract, you may sign up for a student account yourself and either (i) sign up a client account under your name OR (ii) request your parent or guardian to sign up as a client.

Tutor Account
Tutors interested in joining e2A must submit an online application form available on the Site. e2A will review your application and if your profile fulfils our rigorous selection criteria, you will be invited to the second stage which may include video call interview, phone interview or submission of a self-promotional video. Finally, we will perform a reference check to verify your details. You consent for us to conduct a background check using third party sources. e2A has the absolute discretion to decide the outcome of your application. If you are successful, we will notify you via phone or email and provide further details personally such as tutor account setup, contractor agreement and platform guidance. If you have forgotten your password, or have never set it in the first place, go to the login page and click ‘Reset Password’. If you have forgotten your login ID, please contact e2A at contact@e2atutoring.com.au.

Booking and Confirmation
Note: Under this Booking and Confirmation terms, “You”, “Your” or “Yourselves” specifically refers to a student or client.
Once you have login to your client account, you will be able to arrange for tutoring lessons. In the booking system, you will need to choose your lesson type (i.e. 1-to-1 or group lesson) and preferred lesson plan (i.e. Single lesson, five recurring lessons or 10 recurring lessons). If you have chosen a five lessons plan or a 10 lessons plan, you must schedule all your lessons within a school term during this booking process. You may reschedule as per our Terms. Each lesson is 60 minutes. You may elect to have more than one lesson per week subjected to your tutor’s availability. You are required to select or provide other details, including: school year, subject, State, your goal and any information that will assist our tutor to help the students most effectively. You will have the option to choose your preferred tutor or have e2A to assign a tutor. We provide four different tiers of tutor in order to meet different level of qualification and pricing demands of students, as follow:

i. Tutor Master – Our most qualified tutor mainly includes Australian qualified school teachers with substantial school teaching and tutoring experiences.
ii. Super Tutor – Mainly includes Australian qualified teachers with at least three years school teaching experience and considerable tutoring experiences OR PHD and Graduate students who are ATAR high achievers with substantial tutoring experiences.
iii. Experienced Tutor – All Australian qualified school teachers not included in above categories OR PHD and University students who are ATAR high achievers with considerable tutoring experiences.
iv. Qualified Tutor – Any tutor not included in above categories but meet our minimum criteria of university student who are ATAR achiever with some tutoring experiences.

Once a tutor is selected or to be assigned by e2A, you can arrange lessons at your preferred day and time subject to tutor’s availability. You may proceed to review your booking details and make payment. Once payment is processed, we will send an email to confirm receipts of your payment and request for lessons. You acknowledge and agree that the lessons are only confirmed once your request is accepted by the tutor and we have sent you a lesson confirmation email (“Confirmed Lesson”). Any change to a Confirmed Lesson is subjected to our cancellation or rescheduling policy as noted in these Terms. We may for any reason, at our sole discretion, modify, reschedule, decline or cancel your requests, for example when your preferred tutor is unavailable, we will assign another same tier tutor to your request. We do not guarantee your preferred tutor; day or time will be available. If you do not cancel your order as per cancellation policy in these Terms, you will be deemed to have accepted the Confirmed Lesson.

For group lessons, the maximum number of students in a group is three. Group lessons will only commence when there are at least two students enrolled into a group. We will send a booking confirmation email one week before the scheduled commencement date. Group lessons are either conducted by Tutor Master or Super Tutor. Only a 10 lessons plan is available for group tutoring. You will submit an expression of interest in the group lesson in the booking system. We will, in our best efforts, allocate students to your preferred day, time and tutor. We do not guarantee your preference will be available. We encourage you to form your own group with your classmates, friends or family.

Rescheduling and Cancellation
Note: Under these Rescheduling and Cancellation terms, “You”, “Your” or “Yourselves” specifically refers to a student or client.

In the event you failed to attend a 1-to-1 Confirmed Lesson, the following terms will apply:
i. If you do not attend or if you cancelled or rescheduled within 24 hours of the lesson start time, you shall forfeit 100% of the fees paid for the lesson and tutor are still entitled to their normal pay;
ii. If you cancelled or rescheduled more than 24 hours before the lesson start time, we will first offer to arrange an alternate lesson, with the same or replacement tutor of the same tier, for you. In the unlikely event we fail to do that, we will offer to refund the fee for that lesson.

If you have purchased a 1-to-1 five lessons plan or 1-to-1 10 lessons plan and decided to cancel the remaining lesson part way through the plan, depending on the issues, we will first offer to arrange for alternate lessons. If you are still decided to cancel, this will constitute a breach of contract and Terms. We will calculate and charge an early termination fee of 50% of the remaining contract. For example, if you had purchased a 10 lesson plan for $600 and you decided to cancel and demand refund after three lessons were completed, we will refund you $210 (i.e. $60 * 7 Lessons remains * 50% termination fee). Tutor is not entitled to any payment for remaining cancelled lessons since the lessons are incomplete and tutor is provided with more than 24 hours’ notice.

If you have purchased a five lessons plan or 10 lessons plan but request for a different tutor for the remaining lesson part way through the plan, we may review your request on a case by case basis; with no guarantee your request will be approved. You agree and acknowledge that if we approved your request to change tutor, you may be subjected to additional charges.

You acknowledge and agree that if for any reason, your assigned Tutor is unable to conduct the Confirmed Lesson, we will arrange for a replacement tutor of the same tier. If we cannot find you a replacement Tutor, we will reschedule your lesson to a new time according to your preference. If you are late to a Confirmed Lesson by 15 minutes or more, for any reason, the lesson will be deemed to be forfeited. You will be charged the full amount for that lesson.

If you ended a lesson earlier, i.e. less than 60 minutes, you acknowledge and agree the remaining time for that lesson is forfeited, not re-schedulable nor refundable. Conversely, if your lessons consistently go beyond 60 minutes, we reserve the right, at our sole discretion, to charge you the overtime at a pro-rata rate to ensure our tutors are fairly remunerated for their services.

If the tutor is late to a Confirmed Lesson by 15 minutes or more, for any reason, we will reschedule the lesson with the same or replacement tutor of the same tier at your preferred day and time. If the tutor ended a lesson earlier without your consent, i.e. less than 60 minutes, you must notify us immediately by writing. We will review the issue, first arrange for extended time in the next lesson or a replacement lesson if the time loss is more than 30 minutes. Failing this, we will issue a pro-rata refund.

If you are not satisfied with your current tutor, you must inform us by writing immediately. We will, with our best effort, allocate a replacement tutor of the same tier to your next lesson.

In the event, for any reason, you are late or failed to attend a group lesson, you shall forfeit 100% of the fees paid for the lesson. To be fair to other students in the group, you may not request the tutor to repeat any part of the lesson that you would have missed out during your absence. You will still have access to the group lesson recording to assist you with your learning.

If a tutor cancels a group lesson due to any unforeseen circumstance, we will arrange for a replacement tutor of the same tier. Failing that, we will reschedule the group lesson.

If you terminate a group lesson contract part way through the plan, you acknowledge and agree the remaining lessons are forfeited, not re-schedulable nor refundable. This is to ensure the group lesson can continue to be conducted by a highly qualified tutor throughout a school term without disruption to all students in the group.

You must inform us by email within 24 hours of the lesson end time should there be any issues, disputes or claims regarding the lesson. Failing to do this may result in you forfeit 100% of the lesson fees.

Payment
Client Payment
All payments are made during the booking process by the Client on behalf of the Student as per these Terms. The amount payable is depending on the plan type, tutor tier and school year chosen. e2A may review and adjust the fees chargeable anytime with or without notice, and only applies to booking made on or after the change date. All fees are inclusive of Goods and Services Tax (“GST”) as per A New Tax System (Goods and Services Tax) Act 1999 (Cth). e2A offers a debit card and credit card payment option via Stripe gateway. We may at our sole discretion, add or change payment gateway providers or recharge gateway service fees. By using these Services, you acknowledge and agree to the gateway provider’s terms and conditions.

Once you have paid for your booking, your account will have an unused credit balance. When a lesson is marked completed, we will deduct the lesson fee from this credit balance. We will issue and email a copy of the paid invoice which is also accessible via your account for your record keeping.

e2A reserves the discretion to refund a client (if any). Please refer to section Rescheduling and Cancellation and section Dispute and Resolution for events that might give rise to a refund. In the event we need to refund any unused credit, you are required to nominate a bank account for such refund. We will review all requests and withhold any funds if required according to Terms before we make any refund. We aim, but not guarantee, to process all refunds within 10 business days provided there are no outstanding disputes or concerns.

Tutor Payment
As a tutor contractor with e2A, we will pay you a fixed hourly rate as stipulated in your contract with e2A, after netting a fixed commission fee. You acknowledge and agree that the commission fee is a consideration in exchange for e2A providing Services including tutoring platform, marketing, booking, administration and guarantee for payment upon successful completion of a lesson which is approved by e2A. You acknowledge and agree that we reserve the right, in our sole discretion, to prospectively change your payment rates for future bookings at any time with 30 days advance notice.

Should there be a rescheduling, cancellation or dispute event (please refer to relevant sections in these Terms) which may affect your payment, you agree that we may withhold payment until such issue is resolved. In general, we will only make payment for lessons completed and approved by e2A. The only exception where lesson is incomplete but still payable is when a lesson gets cancelled with less than 24 hours’ notice by client or student. All other circumstances or disputes, if not already covered by these Terms, are determined case by case basis, at the sole discretion of e2A.

We will make payment to all tutors fortnightly on Thursday via direct bank transfer (pay run). In order for us to process a payment, the following conditions must be met:
i. Lesson must be completed, approved by e2A and paid by customer;
ii. e2A has issued a Payment Order to you (this will normally become available within 24 hours of lesson completion).
iii. You have provided an invoice or tax invoice that complies with Australian Taxation Office (ATO) and e2A’s requirements to ap@e2atutoring.com.au three days before the payment date, i.e. invoice submitted on Tuesday (2 days) will not be included in coming Thursday pay run (assuming this is the pay run week) whereas invoice submitted on Monday (3 days) may be included. We will provide an invoice or tax invoice template to all tutors. We highly
recommend you use the invoice or tax invoice template to minimise potential delay in payment processing.

e2A does not guarantee when will the fund get deposited into your nominated account as this is different with each financial institution. e2A is not responsible for any fees that your financial institution may charge to your account due to our payment deposit. If a payment to your nominated account was rejected or was returned, we will attempt to process the payment in the next pay run. If the payment is still unsuccessful, we may at our sole discretion, charge a 1% payment processing fee to reprocess the payment each following pay run until it is successful. You are solely responsible to ensure your bank detail is up to date in your account.

e2A values the contribution of outstanding tutors. We provide attractive quarterly incentive and annual incentive in cash payment to high achieving tutors. In the event you are successful in earning this incentive payment, this payment will be included in the next normal fortnightly pay run after we make a formal announcement or notification. The details of the incentive program can be found in your contract with e2A.

System and Services Requirement
To ensure effective and uninterrupted lessons, it is your sole responsibility (both client and tutor) to ensure that you have a computer or laptop, compatible browsers, webcam, speaker and headset, preferably a writing pad and stable internet connection. We recommend that you test the compatibility of your systems and tools before your first lesson starts. More details on system requirements can be found on our Support Page: https://e2atutoring.com.au/our-community/supports/.

We will provide advance notice if our Site and Services platform are temporarily closed for planned maintenance. In the event of unforeseen system shutdown or any connection problem or network issue with our Site or platform or with third-party platforms, causing disruption to your lesson, we will schedule a replacement lesson or provide full refund for that affected lesson. If you opt for a refund option, the tutor will not be eligible for any payment for that cancelled lesson.

We recommend that all lessons be conducted in a safe and quiet environment. It is your sole responsibility to protect your own privacy. It is recommended for parents or guardians to meet with the tutor in the first online lesson for the comfort of your child (student) and higher effectiveness of the program.

Recording of Lesson
By accepting these Terms, you consent that all lessons will be automatically recorded for quality assurance, internet safety, educational, tutor coaching and dispute resolution purposes. You, your tutor and e2A will have access to your lesson recording. We may request to use your recorded lesson for marketing and promotional purposes with your written consent.

Review and Feedback
At the end of each lesson, it is compulsory for the tutor to provide feedback to the client or student. This is important in assisting clients, e2A and tutor to understand and keep track of student’s progress better. The feedback will be automatically sent via email to the client. A copy of the report will be attached to the lesson in the system. We will also send out a request to the client to provide feedback and star ratings to our tutor. You are encouraged to provide details albeit not compulsory, in order to improve our services better and to reward outstanding tutor. In the event a client or tutor raises a dispute or complaint in the feedback, we will investigate the issue and take appropriate actions which may include suspension or termination of services, as per these Terms.

Disputes and Resolutions
All disputes between you (e.g. client and tutor) or you and e2A must be reported to us within 24 hours by email: contact@e2Atutoring.com.au. All parties agree to resolve the disputes in good faith and cost effectively with each other via mediation before commencing arbitration or litigation.

We reserve the right to suspend or terminate your access and use of our Site and Services during the investigation of dispute. e2A will attempt to provide a written response to any dispute within 14 days on receiving the dispute email.

Availability and Security
e2A does not guarantee the Site and Services will always be available due to planned or emergency upgrade and maintenance. We will provide advance notice where possible. We do not warrant the validity and accuracy of information on the Site or the Services or that the Site is kept up-to-date.

We have taken reasonable measures to ensure the safety and confidentiality of any data or contents. By using these Site and Services, you indemnify us from any claim for loss or damages such as data loss and network corruption. We shall not be held liable for any issues with third party services such as payment gateway or tutoring platform.

Disclaimers of Warranties, Limitation of Liabilities, Indemnity
Disclaimers of Warranties
The site and services are provided “as is”, “as available”, “with all faults” and, to the maximum extent permitted by law, without any warranty. e2A disclaims all warranties with respect to the site and services, including the implied warranties of merchantability, fitness for a specific purpose, non-infringement and title, and any warranties including accuracy of data, security, reliability, timeliness, availability of the site and services. e2A does not warrant that the site or the services will meet your purpose, or that the site and services will be always available or error- free, or that reasonable security measures in place will be effective or that errors in the site and services will be rectified. You acknowledge and agree that due to the nature of the internet, your data, network or computer are susceptible to theft or damage. You are solely responsible for losses due to these events. e2A recruits independent contractor tutor. To the maximum extent permitted by law, you consent that we are not liable for any loss or damage you incurred due to your tutor’s conduct or contents shared in lessons. To the maximum extent permitted by law, you consent to exclude us from all responsibility and liability for Third Party services or platforms such as payment gateway and whiteboard, or their failure to provide the services or platforms.

Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, you are solely liable for any risk arising due to your use of the Site and Services. To the maximum extent permitted by law, e2A total liability arising under these Terms or inability to use the Site and Services, based on warranty, contract, tort (including negligence), product liability or any other legal theory, are limited to re-provision of Services or full refund of Service fees paid to us. To the maximum extent permitted by law, you may only exercise your right to claim damage against e2A within six months from the liability occurrence before it is permanently barred.

Indemnity
To the maximum extent permitted by law, you acknowledge and agree to indemnify e2A, its officers, directors, employees and agents from any claims, liabilities, damages, losses and expenses, including but not limited to legal fees, due to you breaching these Terms or any other policies applicable to the Services.

Consumer Law
All services provided by e2A are governed by the Australian Consumer Law – Consumer Guarantee.

No Waiver
Failure by either e2A or you to enforce any right conferred by these Terms shall not be deemed to be a waiver of any current or future enforcement of that right or provision.

Entire Agreement
These Terms constitute the entire agreement between you and e2A and supersede any prior agreement, understanding or arrangement between you and us. You may not assign or otherwise transfer the Terms or any right granted under the Terms. You also may be subject to additional terms and conditions and policies when you use our products or Services.

Assignment
We reserve the right to assign or transfer our rights or obligations under these Terms without your consent. These Site and Services are for your personal use only. You must not assign, transfer or delegate any rights and obligations under these Terms, whether in whole or in part, without our prior written consent.

Contact Us
If you have any questions about this Terms & Conditions, You can contact us:
● By email: contact@e2atutoring.com.au
● By visiting this page on our website: e2atutoring.com.au

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