Last updated: 11th July 2023
1. Tutors and Tutoring Services
1.1. Tutors working for Apex Tuition Australia (ATA) are contractors of Apex Tuition Australia. In engaging a Tutor, Students are directly contracting with these Tutors. Therefore, the Tutoring Services offered and/or provided by Tutors are provided directly and are not offered and/or provided by or on behalf of Apex Tuition Australia.
1.2. To ensure and protect the integrity of the Apex Tuition Australia service, we require that Tutors meet certain minimum requirements, standards and/or qualifications to be contracted with Apex Tuition Australia. If a prospective Tutor does not satisfy these standards, or is already contracted with Apex Tuition Australia and ceases to meet these minimum requirements, Apex Tuition Australia may, in its absolute discretion, choose not to engage or to discontinue engaging with the Tutor.
1.3. Apex Tuition Australia has no obligation to approve an application submitted by a prospective Tutor to work with Apex Tuition Australia.
1.4. Apex Tuition Australia assesses potential Tutors based on the information provided in their applications. Although Apex Tuition Australia may from time-to-time seek to verify information in a Tutor application and/or invite applicants to an interview, you acknowledge and agree that Apex Tuition Australia has no obligation to investigate a Tutor's background. You agree to assume all risks and you agree to expressly release, indemnify and hold harmless Apex Tuition Australia from any and all loss, liability, injury, death, damage, or costs arising or in any way related to Tutoring Services.
1.5. By applying to and continuing to offer Tutoring Services with Apex Tuition Australia, Tutors represent and warrant at all times that:
(a) all information Tutor has provided to Apex Tuition Australia is true, correct and complete in all respects;
(b) if Tutor seeks to provide Tutoring Services to students under the age of 18, Tutor has obtained and continues to maintain a valid and unexpired Working with Children Check and is not prohibited to work with children under the age of 18;
(c) the Tutor has a right to provide the Tutoring Services, to work in the jurisdiction where the Tutoring Services are performed, and that the Tutor will comply and is complying with any tax and regulatory obligations in relation to the performance of Tutoring Services and any Tutor Funds received through Apex Tuition Australia;
(d) no information provided by Tutor to Apex Tuition Australia or included in Tutor’s profile with Apex Tuition Australia is misleading or deceptive or likely to mislead or deceive in any respect; and
(e) Tutor enters into this agreement of free will and of legal capacity to do so and doing so does not violate the terms of any other agreement between the Tutor and any third party.
1.6. Tutors acknowledge and agree to a fixed rate for tutoring, unless otherwise stated or offered to a tutor
1.7. Tutors acknowledge and agree that Apex Tuition Australia does not provide any guarantee or representation as to any minimum quantity of Tutoring Services available to, or generated for, Tutors on Apex Tuition Australia. In addition, Apex Tuition Australia provides no guarantee or representation as to any minimum availability or uptime of Apex Tuition Australia’s website, which may be unavailable at any time for any reason and Apex Tuition Australia is not responsible for any delays, failures or other damages, liabilities or losses resulting from such occurrences.
1.8. Tutors are solely responsible for any and all taxes payable by them (or their associated entities) in connection with Tutoring Services, including without limitation any income tax, payroll tax, superannuation guarantee charge, work cover charge and GST. Accordingly, Tutors are required to complete all relevant and required tax registrations as a provider of Tutoring Services in Australia and to calculate and remit all tax liabilities relating to the provision of Tutoring Services as required by applicable laws.
1.9. Users acknowledge and agree that Apex Tuition Australia does not provide any guarantee or representation as to any minimum quality or duration of the Tutoring Services provided by a Tutor.
1.10. Apex Tuition Australia has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Tutors, including, but not limited to, the honesty or accuracy of any Tutor’s public profiles, including but not limited to their self-reported credentials, education, experience or ability.
1.11. Apex Tuition Australia accepts no liability for any aspect of the Student and Tutor interaction, including but not limited to the description, performance, delivery or quality of Tutoring Services.
1.12. Apex Tuition Australia has no responsibility and makes no warranty as to the truth of any aspect of any information provided by Users, including, but not limited to, the ability of Tutors to deliver Tutoring Services, or the honesty or accuracy of any information provided by Tutors in their profiles or the ability of Students to pay for Tutoring Services.
1.13. Apex Tuition Australia makes no representation or warranty in relation to Tutoring Services. However, we work closely with our contractors to ensure the highest level of service is delivered
2. Apex Tuition Australia role and obligations
2.1. Apex Tuition Australia will endeavour to make a match between a student and a tutor based on the preferences of the student. Apex Tuition Australia is not responsible for the actions or inactions of a Student, parent or their legal guardian in relation to a Tutor or vice-versa once the match has been made.Marketing communications are only sent to you if you have requested or subscribed to them. You can opt out of our marketing communications at any time by unsubscribing or emailing us and your request will be actioned immediately.
2.2. At its absolute discretion, Apex Tuition Australia may refuse tutoring any person or cancel or suspend or modify any existing relationship if Apex Tuition Australia reasonably forms the view that a User's conduct (including a breach of this User Agreement) is detrimental to the integrity, operation or reputation of Apex Tuition Australia.
2.3. Apex Tuition Australia has no obligation to any User to assist or involve itself in any dispute between Users, although it may do so to improve User experience.
3. Lesson, fees and payment
3.1 Payment for tutoring sessions is charged at an hourly rate. From 2022 rates are $60 per one hour of tutoring for students in Year 10 and under, and $70 per hour for students studyingYear 11 or 12 subjects (unless otherwise agreed in writing, including by email).
3.2 Unless otherwise agreed in writing, all sessions (including the first) are billed at the rate stated above.
3.3 ATA will invoice you after every session by email. Invoices may also be accessed via ourTeachworks Parent-Tutor Portal. The invoice includes the start and finish dates of the billing period, and an itemised PDF document of the billed session that occurred on the day. The PDF includes the date of each session, the subject(s) studied, the name of the student, and the name of the tutor. Payment is made via Direct Debit, and will be automatically paid 7 days after the invoice is issued.
3.4 In order to set up direct debit, we ask you to provide a mandate through Stripe. This is completed during your account setup in Teachworks, and a guide to setting up the mandate is available in our previous email, and also at this link.
3.5 With regard to payment, please note the following:
- You will be notified before each payment is taken, and your payments are protected
- You are guaranteed a refund if (in the highly unlikely event) a payment is erroneously taken
- ATA cannot accept payment by direct deposit, or any other method
- If a Direct Debit mandate has not been completed by your first billable session, you will be contacted by our Finance Manager
- Further information about the security of payments made through Stripe can be found here
3.6 ATA is a small business, and we rely on prompt payment from our clients in order to pay our hard-working tutors. While most families are excellent at paying in a timely manner, delayed settlement of accounts places undue stress on our tutors and our management team. To mitigate such challenges, we reserve the right to temporarily suspend tutoring services if a payment is overdue by more than 45 days, until said payment is made.
3.7 All financial transactions are to occur directly between the parent/guardian/student andATA. Families should not pay the tutor directly under any circumstance. While exceptionally rare, any attempt to circumvent this relationship by either the family or the tutor may be referred to the Victorian Small Business Commission.
4. Logging lessons, bypassing and solicitation
4.1. Users must not make, or directly or indirectly procure, solicit, canvass, approach, infer or induce another User to pay, make or receive any payments outside of Apex Tuition Australia or otherwise bypass (or attempt to bypass) Apex Tuition Australia or by any other means or mechanism avoid or seek to avoid paying Apex Tuition Australia any fees that it may otherwise be due under these Terms and Conditions. For the avoidance of doubt, this includes seeking to receive, or receiving, services which are in any way competitive with the Tutoring Services from a Tutor outside of Apex Tuition Australia in return for cash, direct bank transfer or payment by any other means or mechanism to avoid paying Apex Tuition Australia any fees that it may otherwise be due.
4.2. Users acknowledge that Tutors are in a contractual arrangement with Apex Tuition Australia and you agree that you will not directly or indirectly procure, solicit, canvass, approach, infer, induce a Tutor to provide any services outside of Apex Tuition Australia which are in any way competitive with the Tutoring Services.
4.3. If Apex Tuition Australia determines in its sole discretion that you have breached any obligation under this clause, Apex Tuition Australia may immediately cancel or suspend your tutoring and reserves its right to seek and obtain injunctive relief or any other remedy, in court, against you in relation to such a breach.
4.4. Users acknowledge and agree that bypassing Apex Tuition Australia and solicitation of Users outside of Apex Tuition Australia tutoring services may cause financial and non-financial harm. Users found to be in breach of this clause will be immediately liable to pay, and within 14 calendar days of demand will pay, Apex Tuition Australia $500 for each occurrence of the breach as liquidated damages.
5. Cancellation policy
5.1 Our late cancellation policy is in place to protect our tutors from students who cancel sessions with insufficient notice, or do not attend a planned session. If a session is unexpectedly cancelled with less than one hour of notice, you may be billed for half the cost of the scheduled lesson. If a session is planned and the student does not attend without valid reason, you may also be billed for half the cost of the lesson.
5.2 Please also do not contact Apex management to cancel/reschedule a session, as they maybe unable to pass the message along in time. Notice must be provided directly to the tutor
6. Group tutoring
6.1. Scope of services: group tutoring services from Apex Tuition Australia will be provided to the number of students as agreed upon in our email correspondence.
6.2. Payment terms: total cost per hour for group tutoring services will be as agreed upon in our email correspondence. This cost applies only to the agreed upon number of students. Should the number of students increase, please contact our Operations team to discuss an improved price (per student).
6.3. Service transferability: group tutoring terms and price can be used for any subject area, as long as:
- The number of students remains the same as agreed upon number
- The subject is the same unit cost
6.4. Payment arrangements: all parties are required to provide their payment details prior to the commencement of tutoring sessions. No services will be initiated until all required payment information has been received.
6.5. Price validity: the agreed upon pricing for group tutoring services is valid for a period of two years from the date of agreement. After this period, pricing may be subject to increase in accordance with the prevailing rates of Apex Tuition Australia.
6.6. Missing attendees: depending on the group size, the outcome is different:
(a) For group of two: if one attendee does not show up or cannot make the lesson and tutoring occurs, price will be at standard one-on-one rate as outline in the agreement with Apex Tuition Australia
(b) For groups of three or more: if one attendee does not show up or cannot make the lesson and tutoring is incurred with the smaller group, the price per student will remain the same as for the larger group. If this occurrence happens three times in a two-month period, our Operations team will contact you to provide you an updated price for the smaller group tutoring sessions.
7. Lesson packages
7.1 Lesson package inclusions: lesson package includes a specified number of hours of private tutoring, as agreed upon in the email correspondence. The tutoring can occur across multiple tutors and students, as long as the unit cost of the tutoring is consistent
7.2. Package price and payment: the discounted price per hour of tutoring is detailed in the email correspondence. Full payment of the package is to be made within the first week of tutoring starting.
7.3. Expiry: there is no expiration date on the purchased package
7.4. Refunds and cancellations: depending on the size of the package and the number of sessions that have been completed the refund/cancellation policy varies:
If during the lesson package, we are unable to provide a tutor to the family in the same capacity as the preceding tutor and the family wants a refund, in such cases, regardless of if the customer hits the threshold, the family will be able to pay for the tutoring at the discounted rate.
7.5. Changes to the package: no changes will be made to the package once it has been purchased. The terms and conditions agreed upon at the time of purchase will remain in effect.
7.6. Renewal: packages can be renewed under the same terms and conditions
7.7. Transferability: while packages cannot be transferred to another payee, they can be utilised across multiple students, provided the services received are of the same cost.
8. 1st Session Satisfaction Guarantee Policy
8.1. Apex Tuition Australia is committed to providing the highest quality tutoring services. To ensure our clients have a fulfilling experience, we offer a Satisfaction Guarantee for the first session with a new tutor. In the event a client is not satisfied with the first session, this policy outlines the conditions under which a refund can be claimed.
8.2 To qualify for the Satisfaction Guarantee, clients must inform Apex Tuition Australia of their dissatisfaction subsequent to the first session with a new tutor. The notification should articulate the specific reasons for dissatisfaction. Clients may communicate this either via email or text to our Operations Manager. Please note, this notification must occur within the window between the end of the first session and before the commencement of a second session, if scheduled.
8.3. Client feedback is crucial in our ability to improve our services. To claim the Satisfaction Guarantee, we request clients to complete a brief feedback form detailing their experience and areas of dissatisfaction. This step is mandatory to process the refund, as it helps us better understand the issue and prevent similar situations in the future.
8.4. As a part of the Satisfaction Guarantee, dissatisfied clients are required to try a session with a second tutor from Apex Tuition Australia. Our Operations Managers will assist in the selection of another tutor who aligns better with the client's needs and requirements.
8.5. The Satisfaction Guarantee is only applicable to the first session a student has with a new tutor. If a suitable second tutor cannot be found, a refund will be processed. Refunds will be provided to the original method of payment within a 7-10 working day period.
8.6. Regarding payment terms, clients should be aware of the invoicing process. Apex Tuition Australia issues invoices 7 days following a session. If clients notify us of their dissatisfaction within this 7-day period, we will adjust the invoice to reflect a $0 price.
However, if clients notify us after the invoice has been processed, a refund must be processed through our payment provider, Stripe. Please note that the timeframe for processing refunds may vary based on Stripe's policies, but we will initiate the refund process as soon as we receive notification of dissatisfaction.
8.7. Apex Tuition Australia always aims to align students with the appropriate tutor for their needs. The Satisfaction Guarantee refund, however, is limited to one instance per student-service match. If the second tutor does not meet the client's standards, we commit to continuing the search for replacements until a suitable match is found. Please note that these additional sessions are not subject to a refund under this policy.
For clarity, the Satisfaction Guarantee is applicable each time a student engages with a new tutor for a new service. This means that if a student has previously utilised our Satisfaction Guarantee for a service (e.g., Maths tutoring), they are still eligible for the Satisfaction Guarantee if they begin a new service with a different tutor (e.g., English tutoring). The Satisfaction Guarantee policy is in effect separately for each individual service provided by Apex Tuition Australia.
8.8. This policy is intended to address the concerns of first-time sessions with a new tutor. It does not cover any subsequent sessions.
9. Academic Honesty
9.1. You acknowledge and agree that the Apex Tuition Australia tutoring services are provided for the purposes of facilitating learning, not cheating. You agree not to inquire about the engaging of, or to engage, Tutors for the purpose of or to complete assignments, write papers, take quizzes or otherwise do work on your behalf. You agree not to use the Apex Tuition Australia tutoring services for any purpose that violates the academic honesty policy or other conduct policies of your school, university, academic institution or workplace.
10. Intellectual Property
10.1. Apex Tuition Australia does not grant you any right to any Intellectual Property belonging to Apex Tuition Australia.
11. Confidential Information
11.1. All Confidential Information provided by Apex Tuition Australia to you or resulting from your use or access of the Apex Tuition Australia tutoring services must be kept confidential and must not be disclosed to any third party (unless required by law to be so disclosed or with prior written approval from Apex Tuition Australia).https://www.apextuitionaustralia.com/
expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
11.2. You acknowledge that damages may be an inadequate remedy to protect Apex Tuition Australia’s interests if you breach this clause 11 and that Apex Tuition Australia is entitled to seek and obtain injunctive relief or any other remedy, in any court, against you for a breach of this clause 11.
12.2. Users will not use any contact information of another User for any other purpose other than fulfilling, organising, receiving or providing Tutoring Services.
13.1. Either you or Apex Tuition Australia, or the contractor may terminate your tutoring relationship.
13.2. Apex Tuition Australia may, at its absolute discretion terminate any legal relationship that has been formed between Students and Tutors.
14. Indemnity and limitation of liability
14.1 The Subcontractor is liable for, and indemnifies the Company from, any loss, damage, tax, charge, fine or costs suffered, or liability incurred, by the Company or the Subcontractor, caused directly or indirectly by any act or omission of the Subcontractor in the course of providing Private Tutoring, including, without limitation:
(a) Any breach of this Agreement by the Subcontractor;
(b) Any negligent, unlawful or wilful acts or omissions by the Subcontractor;
(c) Any personal injury, death or property damage caused by the acts or omissions of the Subcontractor;
(d) Any infringement of intellectual property rights caused by the acts or omissions of the Subcontractor;
(e) Any breach of any obligation of confidence or privacy by the Subcontractor.
14.2. The Subcontractor is solely responsible for ensuring their compliance with the Worker Screening Act 2020 (Vic), and the acquisition of a valid Working with Children’s Check. The Subcontractor is solely liable for any costs or fines incurred by the Company or the Subcontractor pertaining to a Working with Children’s Check.
14.3. The liability of the Subcontractor for loss or damages to the Company will be reduced proportionately
15.1. Tutor warrants that, in rendering Tutoring Services to Students, Tutor shall not knowingly infringe any copyright, trade secret or other intellectual property right of any third party, and that you shall use best efforts to avoid any such infringement. Tutor hereby agrees to defend Apex Tuition Australia (at Apex Tuition Australia’s option) against any claim of copyright, trade secret or other intellectual property infringement made against Apex Tuition Australia on account of the Services rendered by Tutor. Tutor further agrees to fully indemnify and hold Apex Tuition Australia harmless against any loss, damage, award or expense (including reasonable lawyers’ fees) resulting from any such claim.
16. Disclaimer and limitation of liability
16.1. Except for liability in relation to a breach of a Non-Excludable Condition, to the extent permitted by law, the User will have no claim against Apex Tuition Australia for direct or indirect loss or damage incurred during the use or access of the Apex Tuition Australia Services and, to the maximum extent permitted by law, the User bears all risks relating to the use and access of the Apex Tuition Australia Services and/or the provision or receipt of Tutoring Services and the interaction between the Tutor and Student (including students and/or student’s parents or guardians).
16.2. Except for liability in relation to a breach of a Non-Excludable Condition, to the extent permitted by law, Apex Tuition Australia specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Students and Tutors.
16.3. Except for liability in relation to a breach of any Non-Excludable Condition, and to the extent permitted by law, Apex Tuition Australia is not liable for any Consequential Loss arising out of or in any way connected with the Apex Tuition Australia Services.
16.4. Apex Tuition Australia’s liability to you for a breach of any Non-Excludable Condition (other than a Non-Excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
16.5. To the extent permitted by law, no action or proceeding against Apex Tuition Australia may be commenced more than two (2) years after the claim has arisen.
16.6. The User acknowledges that Apex Tuition Australia has not and does not audit or check Tutor backgrounds (other than that they meet Apex Tuition Australia’s minimum qualifications to work as a tutor for Apex Tuition Australia). The Student must exercise their own judgment and develop their own protocol in deciding whether to seek Tutoring Services from a Tutor.
16.7. To the full extent permitted by law, you agree that Apex Tuition Australia will be absolved of all prosecution and liability in the event of abuse or sexual harassment by Tutors to Students. If such an incident occurs, Apex Tuition Australia will provide authorities with all relevant documentation, information, cooperation and support necessary.
17. Academic disclaimer
17.1. The VCAA does not endorse and is not affiliated with Apex Tuition Australia. The VCAA provides the only official, up-to-date versions of VCAA publications and information about courses including VCE. VCE® is a registered trademark of the VCAA.
17.2. While Apex Tuition Australia endeavours to facilitate connection between professional and knowledgeable Tutors and Students, the results of engaging Tutors and receiving Tutoring Services may vary and depend upon a range of factors (including but not limited to the Tutor selected and engaged, a Student’s study habits, work ethic, schooling experience, teaching methods and engagement at school and for many other reasons that are personal to Students). Accordingly, you acknowledge that Apex Tuition Australia provides no representation nor warrants or guarantees that the use of Apex Tuition Australia tutoring services directly from Tutors will lead to an improvement in academic performance or results. To the full extent permitted by law, you agree to hold Apex Tuition Australia blameless for any act or omission, dispute, action, claim or proceedings or loss or damage arising from a Student’s academic results or performance.
18. Modification of Terms and Conditions
18.1. Apex Tuition Australia reserves the right to modify these Terms of Service at any time, effective upon publishing an updated version of these Terms of Services. Apex Tuition Australia reserves the right to modify Apex Tuition Australia Policies or information referenced in any hyperlinks forming part of these Terms and Conditions at any time. You hereby acknowledge and agree that, provided that you remain a User, you are bound by any future amendments and additions to these Terms of Service, any Apex Tuition Australia Policy, any information referenced in hyperlinks or embedded herein, or documents incorporated herein. For the avoidance of doubt, continued use or access of the Apex Tuition Australia Services after the publication of any amended User Agreement on the Apex Tuition Australia shall constitute acceptance of the amended Terms and Conditions.
18.2. If you do not agree with any changes or amendments to these Terms of Service (or any of the Apex Tuition Australia Policies), you must either immediately terminate your tutoring service or you must notify Apex Tuition Australia who will terminate your tutoring service
19. Entire Agreement and variations
19.1. These Terms of Service, including any guides, policies, standards or documents incorporated herein, sets out the entire agreement and understanding between the parties and supersedes any prior agreement.
19.2. A User may not assign any of his or her rights under these Terms of Service, or delegate the performance of any of his or her duties hereunder to another party or User, without the prior written consent of Apex Tuition Australia.
19.3. Apex Tuition Australia reserves the right to modify these Terms of Service at any time, effective upon publishing an updated version of this Agreement to Apex Tuition Australia’s website (publication of which shall be deemed to be notice to you) or by written notice notifying you that this Agreement has been amended. Apex Tuition Australia reserves the right to modify Apex Tuition Australia Policies or information referenced in any hyperlinks forming part of this Agreement at any time. You hereby acknowledge and agree that, provided that you remain a User on Apex Tuition Australia, you are bound by any future amendments and additions to this Agreement, any Apex Tuition Australia Policy, any information referenced in hyperlinks or embedded herein, or documents incorporated herein. For the avoidance of doubt, continued use of Apex Tuition Australia and provision of Services after the publication of any amended Agreement on Apex Tuition Australia’s website shall constitute acceptance of the amended Agreement.
20. Force majeure
20.1. Neither party shall be liable to the other for any loss, damage, delay or failure of performance, that is caused by an act or event beyond its reasonable control, including but not limited to, acts of God, civil disturbances, war, strikes, pandemics, emergency laws, regulations or governmental proclamations, or acts or failure to act of any governmental entity. Failure by either party to perform under this Agreement, because of the endurance of an event of force majeure for more than three months, will represent a ground for its termination on ten (10) days written notice.
21. Governing law
21.1. This User Agreement is governed by and shall be construed in accordance with the laws of the State of Victoria, Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia.
21.2. The provisions of this User Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
21.3. A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or future exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.
21.4. This User Agreement may be assigned or novated by Apex Tuition Australia to a third party without your consent. In the event of an assignment or novation the User will remain bound by this User Agreement.
Appendix A - Defined terms and interpretation
Appendex A - Defined terms and interpretation
Apex Tuition Australia: means Apex Tuition Australia Pty Ltd ACN 609 581 786.
Apex Tuition Australia Services: means the service of providing a tutoring match between student and tutor
Business Day: means a day that is not a Saturday, Sunday, a public holiday or bank holiday in Melbourne, Victoria.
Confidential Information: means the following information, regardless of its form and whether the User becomes aware of it before or after the date of this agreement:
(a) information that is by its nature confidential to Apex Tuition Australia or any third party who has made that information available to Apex Tuition Australia;
(b) information that is designated or treated by Apex Tuition Australia as confidential;
(c) information that the User knows, or ought to know, is confidential to Apex Tuition Australia or any third person who has made that information available to Apex Tuition Australia, and includes, for the avoidance of doubt, Apex Tuition Australia’s financial information, commercial models, rates, fees and commission structure, marketing information and other valuable information (other than to the extent it is already publicly available) learned by the User in the course of using or accessing the Apex Tuition Australia Services, but excludes information that:
(d) the User creates (whether alone or jointly with any third person) independently of Apex Tuition Australia; or
(e) is public knowledge (otherwise than as a result of a breach of confidentiality by the other party or any of its permitted disclosees).
Consequential Loss: means any loss, damage or expense recoverable at law:
(a) other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or
(b) which is a loss of:
(i) opportunity or goodwill;
(ii) profits, anticipated savings or business;
(iii) data; or
(iv) value of any equipment,
and any costs or expenses incurred in connection with the foregoing.
Fee: means all fees payable by Users to Apex Tuition Australia.
Intellectual Property: means any intellectual property rights, including the following rights:
(a) patents, copyright, rights in circuit layouts, designs, trade and service marks (including goodwill in those marks), domain name and trade names and any right to have confidential information kept confidential;
(b) any application or right to apply for registration of the rights referred to in paragraph (a); and
(c) all rights or forms of protection of a similar nature or having equivalent or similar effects of any of the rights in paragraphs (a) or (b), which may subsist anywhere in the world (including Australia), whether or not such rights are capable of registration.
Lesson Price: means the agreed hourly (or pro-rata per hour) price for Tutoring Services provided by a Tutor (plus applicable GST) and paid or payable to Apex Tuition Australia by a Student.
Non-Excludable Conditions: means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law (including but not limited to the Australian Consumer Law) or cause any part of the contract to be void.
Payment Provider: means an entity appointed by Apex Tuition Australia that manages and accepts payments from and payments to Users.
Personal Information: means information that is personal information as defined in the Privacy Act 1988(Cth) or that is information to which any other Privacy Laws apply.
Privacy Laws: means all laws relating to privacy, confidentiality or use of any information about individuals, including:
(a) the Privacy Act 1988 (Cth) and the National Privacy Principles contained in schedule 3 to that Act or any approved privacy code that applies to any of the parties to this agreement;
(b) the Privacy and Data Protection Act 2014 (Vic) and the Information Privacy Principles contained in schedule 1 to that Act; and
(c) the Health Records Act 2001 (Vic) and the Health Privacy Principles contained in schedule 1 to that Act.
(a) a person who uses the services of Apex Tuition Australia to seek or receive Tutoring Services; or
(b) in circumstances where such a person is under 18 years of age, both the person who seeks or receives Tutoring Services and, where applicable, that person’s parent or legal guardian (being the parent or legal guardian who has acknowledged and agreed to be bound by this User Agreement).
Terms of Service: means the terms of service set out in this User Agreement.
Third Party Dispute Service: means a third party dispute resolution service provider used to resolve any disputes between Users.
Tutor: means a person that provides, or seeks to provide, Tutoring Services to a Student.
Tutoring Services: means tutoring and related services offered or rendered to Students, including but not limited to private or group tutoring lessons, coaching, teaching, mentoring and lesson preparation.
User Agreement: means this agreement.
User or you: means the person who has engaged Apex Tuition Australia, whether as a Student, a Tutor or otherwise.
2.1. In this User Agreement, except where the context otherwise requires:
(a) the singular includes the plural and vice versa, and a gender includes other genders;
(b) another grammatical form of a defined word or expression has a corresponding meaning;
(c) a reference to a clause or appendix is to a clause of, or an appendix to, this agreement, and a reference to this agreement includes any schedule;
(d) a reference to A$, dollar or $ is to Australian currency;
(e) a reference to a party is to a party to this agreement, and a reference to a party to a document includes the party’s executors, administrators, successors and permitted assigns and substitutes;
(f) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
(g) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(h) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions; and
(i) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.
2.2. Headings are for ease of use only and do not affect interpretation.