Tuto1 | Terms of Service

Terms and conditions

INTRODUCTION

The Company provides the “Tuto1” online peer-to-peer learning platform. Use of Tuto1 is subject to these Terms of Service.

DEFINITIONS

The following terms are used regularly throughout these Terms of Service and have a particular meaning:

(a) ABN means Australian Business Number.

(b) Account means a registered account with Tuto1.

(d) Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Melbourne, Australia.

(e) Company means Tuto1 Pty Ltd ABN 59 672 277 815.

(f) Corporations Act means the Corporations Act 2001 (Cth).

(g) Expert means a party that is registered with Tuto1 to make Listings and perform Lessons.**

(h) GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

(i) Intellectual Property means all copyright, patents, inventions, trade secrets, know- how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.

(j) Individual means a person with personal information about them in Tuto1.

(k) Lesson means an online lesson provided by an Expert for the Rookie via Tuto1.

(l) Lesson Fee means a Fee to make a Booking payable by the Rookie to the Expert via Tuto1.

(m) Lesson Guidelines means the Company’s policies and guidelines for participation in a Lesson as updated and notified to the User from time-to-time.**

(n) Lesson Requirements means the basic requirements to successfully participate in a Lesson, including:**

Working electronic device that is able to connect to the internet;
Ongoing access to steady internet connection;
Working microphone; and
Working webcam or camera.

(o) Listing means an Expert’s profile or listing page, offering Lessons within Tuto1.

(p) Mobile Application Marketplace means an online marketplace for access to the Platform and other applications for mobile devices, such as the App Store.

(q) Payment Gateway means Stripe or such other payment system the Company may adopt within Tuto1 from time-to-time.

(r ) Personal Information has the same meaning as in the Privacy Act.

(s) Privacy Act means the Privacy Act 1988 (Cth).

(t) Privacy Policy means the Company’s privacy policy as updated from time-to-time, published on the Site.

(u) Rookie means the person that makes a Booking and pays the Lesson Fee.

(v) Site means https://www.tuto1.com and any other URL where the Company makes Tuto1 available from time-to-time.**

(w) Stripe means the cloud payments platform accessible at https://www.stripe.com/.

(x) Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

(y) Terms of Service means the terms and conditions of using Tuto1 as updated from time-to-time, published on the Site.

(z) Tuto1 means the “Tuto1” peer-to-peer learning platform accessible at the Site and/or Mobile Application Marketplace.

(aa) Transaction Fee means the percentage of the Lesson Fee (as notified by the Company from time-to-time) payable by the Expert to the Company as consideration for the Company making Tuto1 available to the Expert and facilitating Bookings.

(bb) User means any user of Tuto1, including Rookies, Experts and Rookies.**

1 USING TUTO1

1.1 General

(a) Tuto1 is a peer-to-peer learning platform connecting Experts and Rookies. For the avoidance of doubt, the Company does not provide education services or advice, and owes no User a duty of care for such.

(b) Any dispute between Users relative to a Lesson via Tuto 1 must be dealt with by the relevant Expert. In no event will the Company perform a dispute resolution service in the event of a dispute between Users.

(d) The User agrees that all use of Tuto1 is subject to these Terms of Service.

(e) User must be over the age of 18 to use Tuto1 and enter into the agreement formed by these Terms of Service.

(f) The Company may suspend the Account or restrict the access of any User that breaches the terms of these Terms of Service.

1.2 Features

(a) Tuto1 may allow a Rookie to:

Browse, filter and search Listings;
Search availability and make Bookings;
Participate in Lessons;
Receive notifications; and
Such other features the Company may make available from time-to-time.

(b) Tuto1 may allow an Expert to:

Create and manage their Listing;
Set and manage availability for Bookings;
Receive notifications;
Receive payment of Lesson Fees; and
Such other features the Company may make available from time-to-time.

1.3 Listings

(a) An Expert shall be able to create a Listing via Tuto1.

(b) The Expert is responsible for ensuring the accuracy of all information described in a Listing.

(d) The Company may decline to publish or promote any Listing in its absolute discretion.

1.4 Making Bookings

(a) Tuto1 may allow:

The Expert to advertise Listings and accept Bookings; and
The Rookie to confirm a Booking by paying the Lesson Fee.

(b) A Booking is not confirmed until the Rookie completes payment of the Lesson Fee.

(c) Once the Rookie has paid the Lesson Fee, the Expert may request any additional Information, as may be necessary for the Expert to complete the Booking (such as preferred name for Rookies). Such Information shall be provided to the Expert.

(d) The Rookie is responsible for determining the appropriateness and suitability of any Expert prior to making a Booking.

(e) For clarity, the Rookie cannot be refunded the Lesson Fee or otherwise be reimbursed for any Booking because the Rookie does not like or approve of the particular Expert (in which case the Rookie should simply not make a Booking with that Expert in the future).

(f) The Expert appoints the Company as its exclusive agent for the purpose of collecting the Lesson Fee on its behalf, and for clarity, the Company accepts the Lesson Fee from the Rookie as the Expert’s payment agent and not as a supplier to the Rookie of the Lesson.

1.5 Attending Lesson

(a) The User must attend the online environment where the Lesson is to occur on time and ready to begin at the scheduled start time and must notify the Expert as soon as possible if they are going to be late.**

(b) Only the permitted number of Rookies shall be present at any given Lesson. For clarity, only one Rookie should be participating in a 1-on-1 type Lesson.

(d) The User must adhere to the Lesson Guidelines for the duration of the Lesson.

1.6 Conduct The Rookie acknowledges and accepts that:**

(a) The Company accepts no responsibility for the conduct of any Expert on Tuto1;

(b) The Company accepts no responsibility for any interaction between Users, whether that interaction occurs via Tuto1 or not;

(d) The Company makes no warranty as to the character or credentials of any Expert.

1.7 Rescheduling

(a) In order to reschedule a Booking, the Rookie must notify the Company and/or the Expert no less than 48 hours prior to the scheduled state time of the Lesson.

(b) If less than 48 hours’ notice is provided to reschedule a Booking, then the Expert reserves the right to request that the Rookie pay the Lesson Fee again to make a new Booking.

(c) The rescheduled times offered by the Rookie must be as soon as practicable after the time of the original Booking, and in any event no longer than 30 days.**

(d) The Company accepts no responsibility or liability for any Lesson that does not proceed by no fault of the Company.**

(e) For clarity, the Rookie my only reschedule and not cancel a Lesson.**

2 FEES, PAYMENTS AND REFUNDS

2.1 Fees

(a) The Rookie must pay the lesson Fees to make a Booking.

(b) The Booking fee is set at $3.99 per transaction.

(c) All payments shall be made via the Payment Gateway within Tuto1, or in such other manner as the Company may direct or agreed between the parties from time-to-time.

2.2 Currency

All Lesson Fees are in the currency quoted on the Listing, or otherwise in US dollars.

2.3 GST

Unless expressed otherwise, all Lesson Fees shall be deemed inclusive of GST. The Company and/or Expert will provide the Rookie with a Tax Invoice for any payments.

2.4 Refunds

(a) The Company shall only facilitate refunds of Lesson Fees where:

The Expert does not attend the Lesson; and/or
The Lesson is rescheduled, and the Expert is not available again formore than 30 days as per clause 1.7(c).

(b) No other refunds are provided except where required under law.

(c) For clarity, the Rookie must ensure it has a suitably stable and reliable internet connection to allow for video streaming, as no refunds are offered because the Rookie cannot participate in the Lesson due to internet or technical challenges at their end.

2.5 Transaction Fees

(a) The Expert agrees to pay the company the transaction Fee

(b) The transaction fee is set at 15% of the local lesson Fee.

(d) The Company shall issue the Expert a Tax Invoice for the the Transaction Fee

3 PERSONAL INFORMATION

3.1 The Rookie acknowledges and accepts:

(a) The Company may share the Information provided by the Rookie with the Expert as part of making a Booking; and

(b)) The Rookie must ensure that all Personal Information they enter into Tuto1 is true and accurate and agrees to update that information in order to ensure that it is current.

3.2 The Expert acknowledges and accepts:

(a) The Expert is solely responsible for ensuring that its use of Tuto1 and storage of Information provided by the Company is compliant with all relevant laws and/or any agreement with each Individual;

(b) It shall not disclose any Information about an Individual to any other person or party other than as authorised by the Individual; and

(c) It shall ensure all Information it has access to through its use of Tuto1 is kept and used in accordance with applicable privacy laws in the Expert’s jurisdiction.

4 GENERAL CONDITIONS

4.1 Licence

(a) By accepting the terms and conditions of these Terms of Service, the User is granted a limited, non-exclusive and revocable licence to access and use Tuto1 for the duration of these Terms of Service, in accordance with the terms and conditions of these Terms of Service.

(b) The Company may revoke or suspend the User’s licence(s) in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in these Terms of Service by the User.

4.2 Modification of Terms

(a) The terms of these Terms of Service may be updated by the Company from time- to-time.

(b) Where the Company modifies the terms, it will provide the User with written notice, and the User will be required to accept the modified terms in order to continue using Tuto1.

4.3 Support

(a) The Company provides User support for Tuto1 via the email address support@tuto1.com.**

(b) The Company shall endeavour to respond to all support requests within 3 Business Days.**

4.4 Hosting & Improvements

(a) The User agrees and accepts that Tuto1 is:

Hosted by the Company and shall only be installed, accessed and maintained by the Company, accessed using the internet or other connection to the Company servers and is not available ‘locally’ from the User’s systems; and
Managed and supported exclusively by the Company from the Company’s servers and that no ‘back-end’ access to Tuto1 is available to the User unless expressly agreed in writing.

(b) As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter Tuto1.

4.5 Third Party Dependencies

The User agrees and acknowledges that Tuto1 has third party dependencies which may affect its availability, including (without limitation) internet service providers and hosting services, and that the Company has no means of controlling the availability of such dependencies and shall not be liable for any interruptions to such.

4.6 Use & Availability

(a) The User agrees that it shall only use Tuto1 for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.

(b) The User is solely responsible for the security of its username and password for access to Tuto1. The User shall notify the Company as soon as it becomes aware of any unauthorised access of its Tuto1 account.

Access to Tuto1 may be prevented by issues outside of its control; and
It accepts no responsibility for ongoing access to Tuto1.

4.7 Privacy

(a) The Company maintains the Privacy Policy in compliance with the provisions of the Privacy Act for data that it collects about the User and other Experts.

(b) The Privacy Policy does not apply to how the Expert handles personal information. If necessary under the Privacy Act, it is the Expert’s responsibility to meet the obligations of the Privacy Act by implementing a privacy policy in accordance with law.

(c) Tuto1 may use cookies (a small electronic tracking code) to improve a User’s experience while browsing, while also sending browsing information back to the Company. The User may manage how it handles cookies in its own browser settings.

4.8 Intellectual Property

(a) Trade marks. The Company has moral & registered rights in its trade marks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.

(b) Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of Tuto1.

(c) Tuto1 Platform. The User agrees and accepts that Tuto1 is the Intellectual Property of the Company and the User further warrants that by using Tuto1 the User will not:

Copy Tuto1 or the services that it provides for the User’s own commercial purposes; and
Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in Tuto1 or any documentation associated with it.

(d) Content. All content submitted to the Company, whether via Tuto1 or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to Tuto1.

4/9 Liability & Indemnity

(a) The User agrees that it uses Tuto1 at its own risk.

(b) The User agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with any breach by the User of these Terms of Service.

(c) In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, damage to property, injury, illness, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use Tuto1, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, injury, illness or business interruption of any type, whether in tort, contract or otherwise.

(d) Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:

The re-supply of services or payment of the cost of re-supply of services; or
The replacement or repair of goods or payment of the cost of replacement or repair.

4.10 Termination

(a) Either party may terminate these Terms of Service at any time by giving the other party written notice.

(b) Termination of these Terms of Service is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of these Terms of Service up to the date of expiry or termination.

4.11 Electronic Communication & Notices

(a) The parties agree to be bound by these Terms of Service where the terms of these Terms of Service are accepted by the User electronically.

(b) The User can direct notices, enquiries, complaints and so forth to the Company as set out in these Terms of Service. The Company will notify the User of a change of details from time-to-time.

(c) The Company will send the User notices and other correspondence to the details that the User submits to the Company, or that the User notifies the Company of from time-to-time. It is the User’s responsibility to update its contact details as they change.

(d) A consent, notice or communication under these Terms of Service is effective if it is sent as an electronic communication unless required to be physically delivered under law.

(e) Notices must be sent to the parties’ most recent known contact details.

4.12 General

(a) Special Conditions. The parties may agree to any Special Conditions to these Terms of Service in writing.

(b) Assignment.

The User may not assign or otherwise create an interest in these Terms of Service.
The Company may assign or otherwise create an interest in its rights under these Terms of Service by giving written notice to the User.

(c) Prevalence. To the extent these Terms of Service is in conflict with, or inconsistent with any Special Conditions made under these Terms of Service, the terms of those Special Conditions shall prevail.

(d) Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in these Terms of Service.

(e) Relationship. The relationship of the parties to these Terms of Service does not form a joint venture or partnership.

(f) Waiver. No clause of these Terms of Service will be deemed waived and no breach excused unless such waiver or consent is provided in writing.

(g) Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to these Terms of Service and the transaction facilitated by it.

(h) Governing Law. These Terms of Service is governed by the laws of Victoria, Australia. Each of the parties hereby submits to the exclusive jurisdiction of courts with jurisdiction there.**

(i) Severability. Any clause of these Terms of Service, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms of Service.