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These terms of usage govern your use
of the TutorInn website and service. By using or visiting the
TutorInn website you agree to be bound by these terms of use.
If you do not agree to these Terms of Use, you should not use
the TutorInn website. For the purposes of this agreement,
“you” means the parent or adult who is paying for the service,
as well as the student who is using the service.
THE USE OF THE WEBSITE BY THE CUSTOMER SHALL MEAN THAT
HE/SHE AGREES WITH THE FOLLOWING TERMS OF
USE.
Changes to Terms of Use
TutorInn, reserves the right, from
time to time, with or without notice to you, to change these
Terms of Use in our sole and absolute discretion. The most
current version of these Terms of Use can be reviewed by
clicking on the "Terms of Use" located at the bottom of the
pages of the TutorInn Web site. The most current version of
the Terms of Use will supersede all previous versions. Your
use of the TutorInn Web site or continued use of our service
after changes are made means that you agree to be bound by
such changes.
Privacy
Any information submitted on the
TutorInn Web site is subject to our Privacy Policy, the terms
of which are available on our “Privacy” page. Please review
our Privacy Policy to understand our practices.
HOW
OUR SERVICE WORKS
Registration.
To use the Services, you will need to
register on the site, pay any applicable fees, and obtain an
account, and password. You are solely responsible for
maintaining the confidentiality of your account(s), and
password(s) and for all activities and liabilities associated
with or occurring under your account(s), and password(s).You
agree to (a) provide true, accurate, current and complete
information about yourself as prompted by the Service's
registration form (such information being "Your Data"), (b)
maintain and promptly update Your Data to keep it true,
accurate, current and complete. You agree not to use the site,
the Services or the Company Content to recruit, solicit, or
contact in any form Tutors or potential Consumers for
employment or contracting for a business not affiliated with
us without our advance written permission.
Unlimited Tutoring
TutorInn charge the tutoring services
by hour. You can get as many tutoring sessions in all subjects
as you need subject to availability of tutors. Usually the
request for number of hours outside a normal weekly pre-fixed
time needs to be made at least one week in advance.TutorInn
has the right to place temporary restrictions on usage during
peak hours or with certain tutors to ensure equitable
availability of sessions to all customers.
Scheduling
You can contact us and fix a regular
time and day (of the week) for tutoring for each subject for
each student getting tutoring services from us.
What
is 100% money-back guarantee?
We are so confident about the quality
of our tutors and the convenience and efficiency of TutorInn's
online tutoring that we back it up with a 100% money back
money guarantee. This guarantee is available for 1 month from
the date of registering, provided you have not availed more
than one tutoring session.
Academic Quality
TutorInn tries to ensure adherence to
Australian curricula and standards, however this is not a
guarantee. TutorInn tutors are certified to teach in the
country and/or state they reside.
Technology
TutorInn uses proprietary, licensed
third-party technologies and free technology products. While
all attempts are made to ensure stability and availability of
technologies used by TutorInn, the company cannot get
guarantee uptime. You are solely responsible for all service,
telephony and/or other fees and costs associated with your
access to and use of the Services and for obtaining and
maintaining all telephone, computer hardware and other
equipment required for such access and use.
Account Access; Identity
Protection
In order to provide
you with ease of access to your account, TutorInn will place a cookie (a small
text file) on any computer from which you access the TutorInn Web site. This
cookie is used to identify you throughout the TutorInn Web site. This cookie
will be destroyed when you close the browser or logout of the TutorInn Web
site. You are responsible for updating and maintaining the truth and accuracy
of the information you provide to us relating to your account.
You are also
responsible for maintaining the confidentiality of your account and password
and for restricting access to your computer or mobile device. You may choose to
share your account with other people by providing them your password. However,
if you decide to share your account with other people, you take full
responsibility for their actions. Users of public or shared computers or
unprotected mobile devices should log out at the completion of each visit to
the TutorInn Web site.
If you find that you're a victim of identity theft and it
involves a TutorInn account, you should notify customer
service. Then, you should report this instance to all your
credit card issuers, as well as your local law enforcement
agency. TutorInn reserves the right to place any account on
hold anytime with or without notification to the subscriber in
order to protect itself and its partners from what it believes
to be fraudulent activity. TutorInn is not obligated to credit
or discount a membership for holds placed on the account by
either a representative of TutorInn or by the automated
processes of TutorInn.
Intellectual Property
Copyright
All content included on the TutorInn
Web site and delivered to subscribers as part of the service,
including text, graphics, logos, designs, photographs, button
icons, images, audio/video clips, digital downloads, data
compilations, and software, is the property of TutorInn, or
its suppliers and is protected by United States and
international copyright laws. The compilation of all content
on this site is the exclusive property of TutorInn, and
protected by Australian, and international copyright laws.
Content shall not be reproduced or used without express
written permission from TutorInn, or its suppliers. You agree
not to decompile, reverse engineer or disassemble any software
or other products or processes accessible through the TutorInn
Web site, not to insert any code or product or manipulate the
content of the TutorInn Web site in any way that affects the
user's experience, and not to use any data mining, data
gathering or extraction method. TutorInn reserves the right to
terminate your membership hereunder if TutorInn, in its sole
and absolute discretion, believes that you are in violation of
this paragraph, such violations including the copying of
content provided to you by us or the copying or other
unauthorized use of our proprietary content. The use of the
TutorInn service is solely for your personal and
non-commercial use. Please see the instructions at the end of
these Terms of Use for notifying us of the presence of any
allegedly infringing content on the TutorInn Web site.
Membership and Billing
You can find the specific details
regarding your subscription with TutorInn at anytime by
clicking on the "My Account" link, located at the top of the
pages of the TutorInn Web site after you login.
Billing
By using the TutorInn service, you are
expressly agreeing that we are permitted to bill you an hourly
tutoring fee, for your use of the TutorInn service. All
payments has to be made in advance. As used in these Terms of
Use, "billing" shall indicate either a charge or debit, as
applicable, against your Payment Method, including a checking
account, where applicable. The tutoring fee has to be bought
in advance as a block of hours and will be billed at the
beginning of that many hours.
Cancellation
You may cancel your TutorInn service
at anytime, and cancellation will be effective immediately. To
cancel, you may get in touch with our office (through contact
us form in this web site). Any hours remaining on tutoring
will not be refunded in the event of such cancellation. The
tutoring hours are non-transferable.
Pricing
TutorInn reserves the right to change
prices without advance notice and to offer promotions
periodically to certain group of customers and thus not
available to all customers.
Web
Site Content
We distribute subject content, and
other animations and we reserve the right to display and
promote the content or other information on our Web site to
you in any manner we choose in our sole and absolute
discretion. In addition, the TutorInn Web site allows you and
other third parties to post comments, give feedback concerning
the services offered, our tutors, and subject content
distributed by us. Any opinions, advice, statements, services,
offers, or other information that constitutes part of the
content expressed or made available by third parties on the
TutorInn Web site are those of the respective authors or
producers and not of TutorInn, ,or its shareholders,
directors, officers, or employees. Under no circumstances
shall TutorInn, Inc., or its shareholders, directors,
officers, directors, or employees be held liable for any loss
or damage caused by your reliance on information obtained
through the TutorInn Web site. It is your responsibility to
evaluate the information, opinion, advice, or other content
available through the TutorInn Web site.
Use of
Information Submitted
TutorInn, Inc., is
free to use any comments, information, ideas, concepts, reviews, or techniques
or any other material contained in any communication you may send to TutorInn
("Content"), including, without limitation, responses to questionnaires or
through postings to the TutorInn Web site without further compensation,
acknowledgement or payment to you for any purpose whatsoever including, but not
limited to, developing, manufacturing and marketing products and creating,
modifying or improving the TutorInn Web site or other Web sites. Furthermore,
by posting any Content on our site, submitting Content to us, or in responding
to questionnaires, you grant us a perpetual, non-exclusive, royalty-free
irrevocable license and right to display, use, reproduce or modify the Content
submitted in any media, software or technology of any kind now existing or
developed in the future.
Please note TutorInn does not accept
unsolicited materials or ideas for use or publication, and is
not responsible for the similarity of any of its content or
programming in any media to materials or ideas transmitted to
TutorInn. Should you send any unsolicited materials or ideas,
you do so with the understanding no additional consideration
of any sort will be provided to you, and you are waiving any
claim against TutorInn and its affiliates regarding the use of
such materials and ideas, even if material or an idea is used
that is substantially similar to the idea you sent.
Service Testing
From time to time, we test various
aspects of our service, including service levels, plans,
promotions and pricing, and we reserve the right to include
you in or exclude you from these tests without
notice.
Electronic Communications
By using the TutorInn service, you consent
to receiving electronic communications from TutorInn. These
communications will include notices about your account (e.g.,
shipping and receiving e-mails and other transactional
information) and information concerning or related to our
service, such as featured content or other announcements, or
offerings. These communications are part of your relationship
with TutorInn and you receive them as part of the TutorInn
subscription. You agree that any notice, agreements,
disclosure or other communications that we send to you
electronically will satisfy any legal communication
requirements, including that such communications be in
writing.
Conduct
You may only access the site and use
the Company Content and the Services for lawful purposes. You
are solely responsible for the knowledge of and adherence to
any and all laws, rules, and regulations pertaining to your
use of the Services. You agree that you will not in any way:
(i) interfere with the ability of others to access or use the
Services; (ii) disrupt the normal flow of communication or
otherwise act in a manner that negatively affects other users'
ability to use the site or the Services; (iii) claim a
relationship with or to speak for any individual, business,
association, institution, or other organization for which you
are not authorized to claim such a relationship; or (vi)
interfere with or disrupt the Services or servers or networks
connected to the Services, or disobey any requirements,
procedures, policies, or regulations of networks connected to
the Services. You agree that you will treat the tutors with
respect and not use obscenities in the classroom, make
threats, or discuss matters other than those directly related
to the academic subject for which you seek help. You agree
that you will not solicit any personal information from any
tutor, and agree that if any tutor ever discloses such
information to you, asks you for any personal information, or
suggests any offline meeting or conversation, you agree to
immediately report this to us by phone and in writing.
Limitations on Use
You must be 18 years of age or older
to subscribe to the TutorInn service. While individuals under
the age of 18 may utilize the service, they may do so only
with the involvement of a parent or legal guardian. Unless
otherwise specified, the content on the TutorInn Web site is
for your personal and non-commercial use and we grant you a
limited license to access the TutorInn Web site for that
purpose. You may not download (other than through page caching
necessary for personal use), modify, copy, distribute,
transmit, display, perform, reproduce, duplicate, publish,
license, create derivative works from, or offer for sale any
information contained on, or obtained from, the TutorInn Web
site without our express written consent. TutorInn does not
promote, foster or condone the copying of copyrighted material
or any other infringing activity. Any unauthorized use of the
TutorInn Web site or its contents will terminate the limited
license granted by us.
Right
to Terminate
We reserve the right to terminate or
restrict your use of our service, without notice, for any or
no reason whatsoever. If we terminate the service due to our
inability to provide the service, then any amounts due will be
paid to you. However, if it is due to none of our fault, then
no payment of outstanding tutoring credits would be
made.
Links
Some of the
hyperlinks and banners on the TutorInn Web site may lead to
other Web sites that are not controlled by, or affiliated
with, TutorInn. In addition, other Web sites may link to the
TutorInn Web site. TutorInn has not reviewed these Web sites
and is not responsible for the content or privacy policies of
these Web sites.
Claims
of Copyright Infringement
It is the policy of TutorInn to
respect the intellectual property rights of others. TutorInn
does not promote, foster or condone the copying of copyrighted
material or any other infringing activity. If you believe your
work has been copied in a way that constitutes copyright
infringement, are aware of any infringing material on the
TutorInn Web site, or know of someone who is making
unauthorized use of the content of the TutorInn Web site,
please notify us of your concern by submitting a written
notice to us at our contact address available in the “contact
us” page in the web site.
Attention ; general counsel
:
Your notice must be
signed and contain the following:
(i) A physical or electronic signature of a person authorized to act on behalf
of the owner of the copyright interest;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material on the TutorInn Web site that is claimed
to be infringing, and information reasonably sufficient to permit us to locate
the material;
(iv) Information reasonably sufficient to permit us to contact you, such as
your address, telephone number, and, if available, your e-mail address;
(v) A statement that you have a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its agent,
or the law;
(vi) A statement that the above information is accurate, and under penalty of
perjury, that you are, or are authorized to act on behalf of, the owner of the
copyright that is allegedly infringed.
Our copyright notice email address is
copyright@TutorInn.com. Please note, however, that in order for
your notice to us to be effective under the Digital Millennium
Copyright Act, your notice must be in writing and contain the
elements described above. We will not be able to respond to
any customer service or other issues through this email
address. For queries that are not related to copyright
matters, please see other ways to [contact us].
Disclaimer of Warranty;
Limitations
THE COMPANY CONTENT, THE SITE, THE SERVICES
AND EACH PORTION THEREOF ARE PROVIDED "AS IS" WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO
THE SITE, THE COMPANY CONTENT, THE SERVICES AND EACH PORTION
THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. WE DO NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE,
VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE
USE OF, OR OTHERWISE RESPECTING, THE COMPANY CONTENT, THE
SITE, THE SERVICES, EACH PORTION THEREOF OR ANY THIRD PARTY
SITES.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE, SHALL WE OR THIRD PARTIES BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF
DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO
USE, THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY
PORTION THEREOF, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR
USE OF THE SITE, THE COMPANY CONTENT, THE SERVICES OR ANY
PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR
CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. NEITHER WE, NOR THIRD
PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE
INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN
THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION
THEREOF OR IN ANY REPORTS OF VERIFICATION SERVICES. YOU AGREE
NOT TO HOLD US (OR OUR AGENTS, EMPLOYEES OR TUTORS) LIABLE FOR
ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED
THROUGH THE SITE, THROUGH ANY VERIFICATION SERVICE OR IN
CONNECTION WITH THE COMPANY CONTENT, THE SERVICES OR ANY
PORTION THEREOF.
Indemnification
You agree to indemnify, defend and hold
harmless us, and our affiliates, officers, directors, agents,
partners, employees, licensors, representatives and third
party providers (including our affiliates' respective
officers, directors, agents, partners, employees, licensors,
representatives, and third party providers), from and against
all losses, expenses, damages, costs, claims and demands,
including reasonable attorney's fees and related costs and
expenses, due to or arising out of any User Content you
submit, post to, email, or otherwise transmit to us or through
the Services, your use of the Services, the Company Content or
any portion thereof, your connection to the Services, or your
breach of these Terms. We reserve the right, at our own
expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, and in
such case, you agree to fully cooperate with such defense and
in asserting any available defenses.
Modifications to the
Service
We may add, change or eliminate
features, pricing, nomenclature and other aspects of the
Services and make other changes at any time and these Terms
will continue to apply to the Services as modified. We reserve
the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the site or the
Services (or any part thereof) with or without notice. You
agree that we will not be liable to you or to any third party
for any such modification, suspension, or discontinuance of
the site or the Services.
General
These Terms and any policies applicable to you
posted on the site constitute the entire agreement between the
parties with respect to the subject matter hereof, and
supersede all previous written or oral agreements between the
parties with respect to such subject matter. All rights not
expressly granted herein are expressly reserved. These Terms
shall inure to our benefit and to the benefit of our agents,
licensors, licensees, successors, and assigns. If any
provision of these Terms is found to be illegal or
unenforceable, these Terms will be deemed curtailed to the
extent necessary to make the Terms legal and enforceable and
will remain, as modified, in full force and effect. These
Terms and all matters or issues collateral thereto will be
governed by, construed and enforced in accordance with the
laws of New South Wales Australia and you and TutorInn
irrevocably submit to the non-exclusive jurisdiction of the
courts of New South Wales Australia Any notice or other
communication to be given hereunder will be in writing and
given by facsimile, postpaid registered or certified mail
return receipt requested, or electronic mail. Nothing in these
Terms shall be construed as making either party the partner,
joint venture, agent, legal representative, employer,
contractor or employee of the other. Neither party shall have,
or hold itself out to any third party as having, any authority
to make any statements, representations or commitments of any
kind, or to take any action that shall be binding on the other
except as provided for herein or authorized in writing by the
party to be bound.
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