Terms and Conditions for the use of the TutorTower Website (Tutortower.com)
Effective date: 3 July 2016.
In these Terms and Conditions, “we”, "us” and "our” refers to TutorTower. “Website” refers to the TutorTower website.
This Website and these rules are subject to the laws of Australia.
Your access to and use of this Website is subject to these Terms and Conditions.
TutorTower reserves the right for the final interpretation of these Terms and Conditions.
We reserve the right to amend these Terms and Conditions at any time without notice. If there are any amendments to
our Terms and Conditions, we will advise you of the changes either by placing a notice on our home page or,
at our discretion, send you an email.
You agree that this notification of any amendment to the Terms and Conditions is sufficient and it is
your responsibility to check and comply with any amendment notified by TutorTower. Your continued use of the Website
following any amendments will represent your agreement to be bound by these Terms and Conditions as amended.
TutorTower brings together learners and tutors for 1:1 lessons, group lessons and bundles. Tutors set the hourly rate for their 1:1 lessons and group lessons, and the total amount the learner pays depends on the duration of the lesson. Bundles, on the other hand, have a flat fee that the tutor sets. Tutors set their fees for these three offerings at or above the minimum amount determined by TutorTower. Purchases of either 1:1 lessons, group lessons or bundles are non-transferable and may not be re-sold or bartered.
A learner can post a free ad on TutorTower to find a 1:1 tutor. This puts the learner’s ad in our public searchable tutoring jobs listing that interested tutors can respond to. Tutors offering group lessons can also respond to these tutoring request ads. Learners can also find group lessons by browsing the list of available group classes. To find bundles, the learner can select their preferred bundle from the list of available bundles. In all cases the learner must pay before a booking can be finalised. TutorTower holds the payment until after the 1:1 lesson, group lesson, or bundle is completed and certain conditions met as detailed below.
We strive to ensure that the services offered on our Website are described accurately. Where we become aware of any
inaccuracies, we reserve the right to correct any error. Where a service has been listed with an incorrect price or
with an incorrect description due to an error, we reserve the right to cancel a transaction. If you have been charged
incorrectly, we will immediately take corrective action such as refunding you, if necessary.
You hereby acknowledge and agree that TutorTower is a marketplace for tutors and learners. TutorTower does not employ any tutors and it is not an employment agency for tutors. All our tutors are self-employed and are fully independent of TutorTower. Tutors and learners sign-up with TutorTower so that they can find each other and use TutorTower to pay for and schedule lessons.
When signing-up on our Website, tutors must nominate their booking cancellation policy so that learners know how much cancellation notification time is required to avoid forfeiting the fees from missed bookings.
The tutor can supply us with information such as their qualifications, work experience, working with children checks
and their contact details. Where the tutor provides such information we make a note of it on the tutor’s profile,
but we do not make the documents publicly available. It is each learner's responsibility to verify that this
information is true and to evaluate or test the tutor's suitability. TutorTower will not be liable in any way if
information provided by the tutor is found to be false, misleading, or out of date. Neither will we be liable for the
performance or non-performance of the tutor.
To allow tutors to provide a punctual service, all lessons will finish at the designated time, unless the tutor is late. It is up to the learner to arrive for the lesson on time so that the learner does not lose out on paid lesson time.
Our aim is for learners to find quality tutors that meet their expectations. This relies on learners using our
Website’s review system to provide accurate feedback about their learning experience with given tutors.
To further empower learners in terms of managing tutor quality, after each 1:1 lesson or group lesson a learner has the choice to 1) continue the remaining lessons with the same tutor, or 2) get a refund (internal) of unused money from the learner's current tutor back to the learner’s TutorTower balance; the learner can use this money to pay for another tutor on TutorTower, or 3) withdraw (external) from TutorTower, their money for the remaining lessons (less transaction costs charged by your financial services provider(s)). If the learner wishes to discontinue learning with their current tutor, the learner needs to provide the tutor with the required notice as per the tutor’s cancellation policy at the time that the learner paid for the lessons. If the learner fails to provide the required notice, the learner will need to pay for the next scheduled lesson(s) as per the tutor’s cancellation policy.
For 1:1 lessons or group lessons, if the learner's availability or the tutor's availability changes, instead of cancelling lessons the learner and the tutor may attempt to reschedule to mutually acceptable times. It is up to the absolute discretion of the learner(s) or tutor, as the case might be, to accept or decline a rescheduling request. The tutor’s cancellation policy still holds if either the tutor or the learner needs to decline the rescheduling request. Learners and tutors must use TutorTower’s internal messaging system to discuss all rescheduling requests.
For bundles, a learner can get a refund for a bundle if the learner cancels his/her booking as per the tutor’s cancellation policy for the bundle at the time that the learner paid for the bundle. If the learner fails to cancel according to the notification period required in the cancellation policy, a refund is at the discretion of the tutor. In cases where the tutor fails to provide the promised service, learners can contact the tutor to request a refund. If the learner cannot get in contact with the tutor the learner can ask TutorTower to contact the tutor. If the request for refund does not get resolved to the learner’s satisfaction the learner can take action against the tutor. TutorTower will not be held liable for any refund requests for bundles.
In summary, booking 1:1 lessons, group lessons or bundles is a matter between the tutor and the learner. We cannot guarantee that a learner will have access to the same tutor for all lessons. However, we can guarantee that if learners follow our terms and conditions and respond to our notifications, they will not lose money to tutors for lessons that they have not received.
Currency and Taxes
All prices on this Website are in Australian Dollars (AU$).
TutorTower does not collect GST (Goods and Services Tax) on the service fee that it charges tutors.
Tutors are responsible for meeting their tax obligations. Tax and legal obligations differ from tutor to tutor.
For instance, note that in some jurisdictions tutors may be exempt from collecting some taxes and/or issuing
tax invoices depending on the tutor’s annual turnover or size of of the invoice.
If learners need a tax invoice they should discuss this with their tutor at the time of tutor selection. It is the
responsibility of all users to get independent financial advice for their circumstances.
Who can use TutorTower?
Use of TutorTower is subject to Australian laws and the local laws in your jurisdiction.
You can only use the TutorTower Website if:
You are able to form legally binding contracts, or there is consent from a parent or guardian in the case of
users under 18 years of age; and
You are a person not barred from receiving or rendering instruction services under the laws of Australia or other
applicable jurisdiction; and
Neither you nor anyone in the place that you provide for lessons has been charged and/or convicted of fraud or
violent crimes including sexual abuse; and
TutorTower has not suspended or terminated your access.
Learners need to create an Account and verify their mobile number on the TutorTower website to enable them to find and
pay for a tutor. A tutor signs-up on TutorTower by creating a tutor account, verifying their email and mobile number
details and submitting a profile that includes the subject(s) that the tutor wishes to teach. TutorTower reserves the
right to reject tutors at its own discretion. For both learners and tutors, TutorTower requires that the profile
picture of the user be a clear photo of the user’s face.
The account of a learner or tutor that is under the age of 18 years, will have limited functionality until a parent
provides consent. The parent gives consent by verifying their contact details. This enables the parent to monitor
their child's TutorTower related learning or tutoring work. Parents are responsible for the well-being and for the
actions of their child in respect to their child's use of TutorTower.
We may, at our discretion, either refuse to signup a user as a tutor, or suspend or terminate a tutor account
including cancelling a tutor's remaining lessons without compensation. We may also at our discretion refuse to offer
our services to a learner, or withdraw tutor services from a learner without notice and without compensation.
If the security of your username or password for your Account is compromised in any way, or is suspected of having
been compromised, you must immediately reset your password if possible, then stop your use of the username and password
and immediately notify us and other appropriate authorities. You are solely responsible for securing your password.
We will not be liable for any loss or damage arising from unauthorised access of your account resulting from your
failure to secure your password.
In accessing, or using our Website you agree that you will not:
Act in violation of any Term and Conditions, or other conditions posed by us or any applicable law;
Use any automated device, software, process or means to access, retrieve, scrape, or index our Website or any
content on our Website, or to interfere or attempt to interfere with the proper working on our Website;
Undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we
deem, in our sole discretion to be unreasonable or disproportionate site usage;
Use or index any content or data on our Websites for purposes of:
creating or populating a searchable database of learner and tutor information;
competing with us in any manner.
Transmit spam, chain letters, contests, junk email, surveys, or other mass messaging,
whether commercial in nature or not;
Use our Website or any content from our Website in any manner which is, in our sole discretion,
not reasonable and/or not for the purpose which it is made available;
Violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual
property or proprietary right;
Undertake unlawful actions, or actions that are threatening, abusive, defamatory, invasive of privacy, vulgar,
obscene, profane or which may harass or cause distress or inconvenience to others; and must not pose as any person
or entity or attempt to solicit money, passwords or personal information from any person;
Reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of,
publicly display, sell, trade, or in any way exploit our Website or any content on our Website, except as
expressly authorised by us.
We may take any action including terminating or suspending your Account at any time without notice if we believe, on
reasonable grounds, that your Account is being misused or has been compromised. We reserve the right to report your
conduct to any person or entity.
As part of its service TutorTower may send you SMS text notifications, email notifications and message/chat
notifications of system and user events. You can specify and update your contact details in your user profile to
meet your obligation of keeping your contact details current with TutorTower. It is also your responsibility to ensure
that all your other details up to date in TutorTower including details such as your payout facility and address.
TutorTower will not be held responsible for any losses or inconvenience that result from your failure to maintain your
details and our use of the incorrect details.
TutorTower provides internal messaging and chatting systems that the tutor and learner should use for booking and
other study related discussions. Learners and tutors must not use our Website to exchange contact details before
booking lessons with each other through TutorTower. Note that TutorTower may monitor the content of messages within
the Website’s internal messaging and chatting systems. We reserve the right to suspend the accounts of users found
exchanging contact details before booking lessons with each other on TutorTower.
As electronic services are subject to interruption or breakdown for a variety of reasons,
TutorTower does not warrant that access to the Website will always be available when required.
You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your
identity, email address and financial instruments. We reserve the right to close, suspend, or limit access to your
Account and/or TutorTower services in the event we are unable to obtain or verify to our satisfaction this information.
Keeping your email address and mobile phone number current with us
To ensure that we are able to provide necessary information and notices to you, you must advise us of any change
in your registered email address and/or mobile phone number by updating your Account information on the Website, or
by contacting customer support.
Learners and tutors that find each other through TutorTower and/or that manage their lessons through our Website are
obligated to use our Website to pay for lessons and to receive payment for their work respectively. The tutor must
not ask for any lesson payment outside the TutorTower website. Neither may the learner offer to make lesson payments
outside the TutorTower website. Please contact us if you are asked to make
or receive a lesson payment outside TutorTower. TutorTower will close the accounts of users that make or ask for lesson
payments outside this Website.
Note that, where a tutor needs to travel to teach the learner, the tutor and the learner should agree as part of the
tutor selection process whether or not the learner will pay the tutor travel fees; and negotiate the amount, if any.
The learner pays travel fees, if any, directly to the tutor.
When a tutor gets their first booking, TutorTower requests that the tutor nominate a payout facility (bank account or PayPal account) so that we can send lesson payments to the tutor. When a learner requests to withdraw their money from TutorTower, the learner also needs to select a payout facility. It is the user's responsibility to provide the correct payout facility details. TutorTower will not be held responsible for any losses or inconvenience that result from a user's failure to provide the correct details and our use of the incorrect details.
When a learner books lessons, TutorTower receives and holds the lesson payment, and later sends the lesson payment to the tutor’s payout facility for the lessons delivered and confirmed by tutor and learner. The learner should seek advice about currency conversion fees and other fees from their financial services provider. TutorTower will not be responsible for the user’s transaction fees.
After each 1:1 lesson or group lesson, the tutor and the learner must use the TutorTower lesson confirmation system to notify TutorTower that the lesson was delivered. If a tutor notifies TutorTower that a lesson was delivered, but the learner fails to respond within 72 hours of the lesson finishing, TutorTower will deem the lesson to have been delivered and deduct the lesson payment from the learner’s TutorTower account. If a learner notifies TutorTower that a lesson was delivered before the tutor sends a lesson delivered notification, TutorTower will not recognise the lesson until the tutor also submits a lesson delivered confirmation. Once we receive a lesson finished notification from both the tutor and the learner, we recognise that the tutor must be paid for the given lesson and we add the tutor’s share (95%) of the lesson payment to the tutor’s balance in TutorTower. TutorTower keeps 5% as service fee.
For bundles, TutorTower does not to needs to receive a lesson finished notification from neither the tutor nor the learner. However, to give time to manage refund requests TutorTower waits 5 days (120 hours) after the end of the bundle before adding the tutor’s share (95%) of the bundle payment to the tutor’s balance in TutorTower. TutorTower keeps 5% of the bundle fee as service fee.
At any time, the tutor can request a funds withdrawal from the tutor's TutorTower balance to the tutor’s nominated payout facility. Note that, TutorTower approves withdrawal requests every Monday for work that meets the required confirmation. The withdrawals must be submitted by 7am Melbourne (Australia) time of the same Monday. When exactly the money gets into the tutor’s account will depend on the banks and is out of our control. Note that the tutor may incur transaction fees (including currency conversion fees if receiving payment in a currency that is different from the currency used in TutorTower (i.e. Australian dollars). Tutors can check with their financial services provider about fees for receiving money from and within Australia.
Links to other websites
Our Website has some links (hyperlinks) to websites operated by third parties. When you click on links that leave our
Website you do so at your own risk. We make no warranty as to the accuracy or reliability of the information contained
on any third party websites, and disclaim all liability and responsibility for any direct or indirect loss or damage
which may be suffered by you through relying on anything contained on or omitted from such third party websites.
A link to an external website does not imply an endorsement or recommendation by TutorTower.
Linking to our Website
You may only link to content on our Website on condition that you:
Do not attribute, explicitly or implicitly, TutorTower content as being your own, or someone else's content; and
Do not attribute a link to our Website and then link to somewhere else; and
Do not compete with us.
We reserve the right to require that you do not link to our content and we may exercise this right by giving notice
to you. We reserve complete discretion in relation to our exercise of this right, which may be due to the matters or
circumstances above, or any other matter or circumstance we consider is reasonable.
Limitation of Liability
TutorTower does not monitor all activity on this site, but reserves the right to do so. The Website and related
services are provided "as is", without warranty of any kind, either express or implied, other than statutory
warranties which cannot be excluded. To the full extent permitted by law, our liability for breach of an implied
warranty or condition is limited to the supply of the services again, or payment of the costs of having those services
supplied again. We accept no liability for any loss whatsoever including consequential loss suffered by you arising
from services we have supplied.
By accessing our Website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and
expenses including legal fees arising from or in connection with your use of our Website.