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Terms and Conditions

Introduction

1.1 Who we are

We are Young and Capable Tutoring ABN 60880564514  (we, our, us, Y&C Tutoring). We are the owner and provider of the products and services offered on yctutoring.com.

1.2 These Terms

(a) These Terms are general terms which govern your relationship with us as a user of our service. Additional terms may apply to you as a User registered as a student, a parent / legal guardian, or a tutor (User).

(b) By using a service, you will be deemed to have understood and accepted these Terms, which form a binding agreement between you and us.

(c) If you are under 18 years of age or legally a minor, your legal guardian must review and agree to these Terms before accessing our service. If you do not get your parent or legal guardian to read and agree to these Terms, you are not allowed to use any of our services.

1.3 Other Applicable Terms

(a) Our Privacy Policy, which sets out the terms on which we hold, use or disclose any personal information we collect from you, or that you provide to us. By using our Services, you consent to such use and you warrant that all information provided by you is accurate.

(b) You also agree to abide by and use the Services in accordance with any notifications, instructions, additional terms and policies featured on the Y&C Tutoring Website or provided by us to you from time to time.

1.4 Changes to these Terms and Interpretation

(a) We may revise these terms at any time by providing at least 14 days’ notice to Users by email. The amended terms will only become effective following that notice period. If you disagree with the revised terms, you may cancel any active plans or stop using our service. Your continued access to or use of our services will constitute acceptance of the revised Terms.

The Terms will also be updated on the Y&C Tutoring website from the time that they become effective. Please check the Y&C Tutoring website from time to time to take notice of any changes we make, as they are binding on you.

(b) If there is any inconsistency between these terms and a tutoring offer, these terms will supersede the terms of the accepted offer to the extent of the inconsistency.

2. Scope of Services

2.1 Provision of Services

(a) Y&C Tutoring links families with suitably qualified tutors who provide the tutoring services. Tutors are registered teachers or qualified tutors based on the type of tutoring service sought after by users who are parents / legal guardians or students. 

(b) A parent / legal guardian / student (Client) requesting a tutoring service is solely responsible for the tutoring requests they submit. Y&C Tutoring is not liable in any way for any tutoring services requested or accepted by a client.

(c) Y&C Tutoring is not responsible or liable for a Client's use of, or reliance on, the Tutoring Services.‍

(d) Tutors and clients who form a tutoring relationship through Y&C Tutoring will not form a private tutoring relationship with each other outside of the Y&C Tutoring platform. Any tutoring services that are provided off-platform may result in disciplinary action for the tutor and Y&C Tutoring may seek compensation. 

(e) Any separate agreement formed between the Client and the tutor will not be inconsistent with these terms. 

3. Your obligations

3.1 Your responsibilities when using our services

(a) You agree that you will provide truthful and accurate information in enquiry and registration forms. 

(b) You may not re-register to our service if you previously had an account that we cancelled due to you breaching our Terms of Service. 

(c) You must ensure that the information we hold about you and/or your child is up to date.

 

(d) You are solely responsible for maintaining the confidentiality of your account information and your password. ​

(e) You are solely responsible for all activities that occur under your account and for any access to our services by you or any other person or entity using your password, whether or not their access or use has been authorised by you.

(f) You must immediately notify us of any breach in security including unauthorised use of your account and password. We will not be liable for any loss or damage resulting from disclosure of your username and/or password contrary to our Terms of Service. 

(g) You must not attempt to copy, mirror, republish, duplicate, frame, download, display, transmit, distribute, or attempt to do so, any portion of any of our services in any form or media or by any means. 

(h) You must not access any part of our services with the intent to build products or services that replicate or compete with Y&C Tutoring's business. 

(i) You must not attempt to interfere with, damage, or disrupt any part of our services.​

(j) You warrant to Y&C Tutoring that you will not use our website or services for any purpose that is unlawful or that is prohibited by these Terms. You agree not to:

  • Use the website to harass, abuse, defame, threaten, or otherwise offend others.

  • Publish, distribute, communicate, transmit, or disseminate any material which is defamatory, offensive, indecent, inappropriate or unlawful.

  • Impersonate any person or other entity.

  • In any way make available any material that is protected under copyright, database right, or other trademark or any material which contains viruses or other computer codes, files, or programs designed to interrupt, limit, or destroy the functionality of other computer software or hardware.

(j) You acknowledge that you are responsible for your interactions and communications with other Users. We make no representations or warranties as to the conduct of other Users, and we will not be in any way liable for the conduct of other Users. ​

3.2 Your responsibilities in the tutoring environment

(a) Tutoring arranged through Y&C Tutoring platform is only allowed to take place in a public space that is supervised by a parent/carer or other responsible adult at all times (Appropriate Tutoring Space) as per our Child Safety Policy.

 

(b) A parent or responsible adult must be present and available at every tutoring session, including online tutoring. A parent/carer or other responsible adult will need to sign off at the end of each session that the session was conducted appropriately and in a public space.

 

(c) You understand that if a parent/carer or other responsible adult is unavailable or unwilling to be present for the entire tutoring session, the Tutor must immediately terminate the tutoring session.

 

(d) You understand and agree that if you organise in-home tutoring, and an appropriate tutoring space is not provided for in-person tutoring in your home, the Tutor must immediately terminate the session and the Client will be liable for the tutor's travel fee.

4. Fees and Payments
4.1 Tutoring Fees

(a) You must pay a tutoring fee (GST inclusive) for the provision of any tutoring services. 

(b) Fees are to be paid upfront, at the time the tutoring session is scheduled through our platform. 

4.2 Pre-paid Tutoring Plans

 If you choose to purchase a pre-paid tutoring plan:

 

(a) You must pay the total fees upfront. You may change Tutors while using your pre-paid plan, provided that the same service is selected and the tutoring fees are the same between the new Tutor and your current Tutor. 

(b) If you would like to change to a different service type or a Tutor with a different tutoring fee, we may be able to credit any unused funds from your pre-paid tutoring plan to your account. Please contact us at support@yctutoring.com

(c) We will process the payment upfront and release the tutorial fee (after we deduct our service fee) for each tutoring session to the Tutor once we receive confirmation from the Tutor that the tutoring session is completed.

     

(d) We will continue to hold any remaining pre-paid tutorial fees and progressively release the corresponding tutorial fees (after we deduct our service fees) to the Tutor until all the pre-paid tutoring sessions are completed.

4.3 Refunds and Cancellations

(a) Payments for tutorials organised through Y&C Tutoring will be processed through our website using Stripe or PayPal only. Payments are not to be paid directly to Tutors who have been found by you through our services. 

 

(b) You acknowledge that once a tutoring session has been completed and the tutorial fee has been released to your tutor, the tutorial fee is non-refundable by Y&C Tutoring and we have no liability to you in respect of the paid tutorial fee.

(c) If you are not satisfied with the tutoring service, you need to provide your tutor with reasons and supporting evidence. The tutor can then take steps to resolve the problem and may at his/her/their own discretion, arrange a refund of his/her/their tutorial fee. If the issue cannot be resolved with your tutor, you must contact us through support@yctutoring.com for further steps.

(d) If you no longer wish to use our services, or we are unable to provide you with a different tutor, we will provide you with a full refund for any unused and unscheduled sessions. You must notify us of your refund request within 30 calendar days of payment. 

(e) If you need to cancel a tutoring session, you must provide your tutor with at least 48 hours notice. If you provide less than 48 hours notice (but more than 24 hours notice), you will be liable for 50% of the tutorial fee. If you provide less than 24 hours notice, you will be liable for 100% of the tutorial fee.

(f) If we cancel a tutoring session on behalf of the Tutor, we will either allocate a different tutor for the tutorial session, reschedule the tutorial session, or provide you with a full refund for that session. 

5.  Our Obligations

To the maximum extent permitted by Australian Law, our services are provided on an "as is" basis without any warranties of any kind. We make no representations, warranties, or guarantees regarding the availability or operation of our services, the availability of Tutors, or academic outcomes after accessing our services.

6. Limitation of Liability

To the maximum extent permitted by Australian Law, and subject to Australian Consumer Law, by accessing our services you acknowledge and agree that you access and use our services entirely at your own risk and that Y&C Tutoring will not be liable to you for any loss or damage arising from or in connection with your use of, or inability to use, our services. 

Definitions

Clients - parents, legal guardians, and students accessing tutoring services through the Y&C Tutoring platform

Services - Y&C Tutoring website

Terms - refers to the Terms and Conditions outlined on this webpage. 

User - any user of the Y&C Tutoring service, including tutors, tutees, parents, legal guardians, and students. 

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