Terms and Conditions

Terms and Conditions

Terms and Conditions are set out in the following sections:

Terms and Conditions applicable to you as a Provider of Service

Terms and Conditions applicable to you as a Consumer of Service

Please read relevant sections carefully.

 

Terms and Conditions applicable to a Consumer of Service

Teaching Me Pty Ltd ACN 608 836 871 ('TeachingMe', 'us', 'we', 'Our'), operates online platforms www.teachingme.com.au and www.teachingme.com, allowing Consumers to find suitable teaching and tutoring services, and Providers to advertise their services. By visiting or using the Site, you agree to be bound by its Terms and Conditions.

Please read this agreement carefully before using TeachingMe's Services.

1.Definitions

'Content'

means the textual, visual or audio content that is encountered as part of your experience on the Site. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.

"Post"

means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on the Site, and the phrases "Posted" and "Posting" shall be interpreted accordingly.

'Service'

means all of the teaching and tutoring services offered for sale through the Site by a Provider.

'Provider'

means an individual or entity that offers a Service for sale on the Site.

'the Site'

means teachingme.com.au, teachingme.com and includes all web pages controlled by us.

'User'

means any person other than you who uses or visits the website for any purpose.

"you' 'yours'

means you, the party to this agreement.

2.Our contract

2.1.TeachingMe is neither a consumer nor provider of Services offered for sale. We are neither a principal nor agent in a buying transaction.

2.2.The Site, application and services comprise an online platform through which teachers may create listings for their classes and students may learn about and book classes with the teachers.

2.3.We welcome any comment or complaint about a Provider, which you make through the Site. We may act upon a complaint in our discretion, for the benefit of the body of Users of the TeachingMe platform.

2.4.We are not responsible for supply of any Services you order or for the cancellation and refund procedure after your teaching class started and the payment has been made to the Provider. Please refer to TeachingMe's Refund Policy. Please confirm with the Provider about their refund policy before booking.

2.5.We are not responsible to you further than to take your money and pass it to the Provider.

2.6.These terms and conditions regulate the business relationship between you and us. By using the Site free of charge, you agree to be bound by them.

2.7.We provide a market place for the supply of Services. We are in no way responsible for:

2.7.1your locating and ordering a Service;arms length contractor;

2.7.2your choice of a Service;arms length contractor;

2.7.3any aspect of the provision of the Service;arms length contractor;

2.7.4refund payment for any Services after the payment has been made to the Provider which is done usually two days after the first session;arms length contractor;

2.7.5any complaint about any Services.arms length contractor;

2.8.In any dispute with a Provider, you should deal only with the Provider. We have neither legal obligation nor detailed information about the Services.

2.9.We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on the Site at the time that the contract was made.

3.Your account and personal information

3.1.When you visit the Site, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

3.2.You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.

4.The buying procedure

4.1.Unless it is clear to the contrary, you may assume that every sale is made by the Provider in the course of his business.

4.2.Prices listed on the Site by Providers are inclusive of any applicable sales tax.

4.3.Services may be offered for sale subject to any discount or promotion arranged between TeachingMe and the Provider.

4.4.Subject to discounts and promotions, Services are offered for sale at a fixed price, including GST if applicable.

4.5.If for some reason the teacher is either unable to accommodate your booking request or no response is provided within 72 hours from the time the booking was requested the payment amount is fully refunded automatically back to your account.

4.6.Services will be provided at the times and places specified in an email notification sent out to you after confirmation of the booking of a Service. You also can look up times and place of Service in the 'My Bookings' under 'My Account' section.

4.7.Every sale will be subject to the laws applicable but there shall not be implied any right which is neither a legal right nor set down in these terms and conditions.

4.8.To make future use of the Site easier and faster for you, we will retain the personal and billing information you give to us. We will not retain information relating to your credit card. Your financial information never comes into our control and is securely processed by our payment service provider. For detailed about disclosure of personal information please see our Privacy Policy.

5.Security card payment transactions

We take care to make the Site safe for you to use.

5.1.Card payments are not processed through pages controlled by us. We use the secure online payment service providers (www.paypal.com) who will encrypt your card or bank account details in a secure environment.

5.2.If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store a token rather than credit card details on our systems.

6.TheTeachingMe guarantee

To give you the utmost confidence in the TeachingMe booking experience, we offer you an after sales guarantee:

6.1.For tutoring services only, we provide a guarantee in case you are not satisfied with your trial class offered by the Provider. More information on the Refund Policy.

6.2.This guarantee is subject to the following conditions:

6.2.1the refund claim must be done within 48 hours from the class start date (e.g. Class date is August 11th, you can request a refund till August 13th 12:00am); arms length contractor;

6.2.2The claim can be lodged at 'Contact Us' form at the footer section of the Site with a booking ID and a valid reason for refund are required for processing the claim;arms length contractor;

6.2.3the claim form must be completed truthfully and accurately;arms length contractor;

6.2.4you must not have requested a charge back from your credit card company.arms length contractor;

6.3.The guarantee set out in this paragraph is non contractual. We shall operate it at our sole discretion.

7.How we handle your Content

7.1.If you Post Content such as review feedback to any public area of the Site it becomes available in the public domains. We have no control who sees it or what anyone does with it.

7.2.Once a transaction is concluded, the Consumer of a Service is strongly encouraged to complete a service review using any feedback features on the TeachingMe Website. TeachingMe will, from time to time, contact you to remind you to complete a TeachingMe Service review.

7.3.Even if access to your content is only accessible after user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.

7.4.We may decide to hide or edit class reviews if we believe it to be unreasonable and/or grossly unfair, poorly expressed, and detrimental to a Provider. We reserve this right on a case-by-case basis.

7.5.We will use that licence only for commercial purposes of the business of the Site and will stop using it after a commercially reasonable period of time.

7.6.You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.

7.7.You now irrevocably authorise us to publish feedback, comments and ratings about your activity through the Site, even though it may be critical.

7.8.Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

7.9.You understand that you are personally responsible for your breach of someone else's intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.

7.10.You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

7.11.Please notify us of any security breach or unauthorised use of your account.

8.Restrictions on what you may Post to the Site

We invite you to Post Content to the Site in several ways and for different purposes. We have to regulate your use of the Site to protect our business and our staff, to protect other Users of the Site and to comply with the law. These provisions apply to all Users of the Site.

You agree that you will not use or allow anyone else to use the Site to Post Content or undertake any activity which is or may:

8.1.be unlawful, or tend to incite another person to commit a crime;

8.2.consist in commercial audio, video or music files;

8.3.be obscene, offensive, threatening, violent, malicious or defamatory;

8.4.be sexually explicit or pornographic;

8.5.be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

8.6.use a Posting to solicit responses unconnected with the purpose of the Site or the terms proposed by this agreement;

8.7.request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;

8.8.be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;

8.9.include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;

8.10.facilitate the provision of unauthorised copies of another person's copyright work;

8.11.link to any of the material specified in this paragraph;

8.12.use distribution lists that include people who have not given specific permission to be included in such distribution process;

8.13.send age-inappropriate communications or Content to anyone under the age of 18.

9.Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

9.1.hyperlinks, other than those specifically authorised by us;

9.2.keywords or words repeated, which are irrelevant to the Content Posted.

9.3.inaccurate, false, or misleading information.

10.Removal of offensive Content

10.1.For the avoidance of doubt, this paragraph is addressed to any person who visits the Site for any purpose.

10.2.We are under no obligation to monitor or record the activity of any User of the Site for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.

10.3.If you are offended by any Content, the following procedure applies:

10.4.Your claim or complaint must be submitted to us in the form available on the Site through 'Contact Us' at the footer section

10.4.1we shall remove the offending Content as soon as we are reasonably able; arms length contractor;

10.4.2after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;arms length contractor;

10.4.3we may re-instate the Content about which you have complained or we may not.arms length contractor;

10.5.In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

10.6.You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

11.Security of the Site

If you violate the Site we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

11.1.modify, copy, or cause damage or unintended effect to any portion of the Site, or any software used within it.

11.2.link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a User who accessed the site by typing the URL into a standard browser;

11.3.download any part of the Site, without our express written consent;

11.4.collect or use any product listings, descriptions, or prices;

11.5.collect or use any information obtained from or about the Site or the Content except as intended by this agreement;

11.6.aggregate, copy or duplicate in any manner any of the Content or information available from the Site, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;

11.7.share with a third party any login credentials to the Site;

11.8.Despite the above terms, we now grant a licence to you to:

11.8.1create a hyperlink to the Site for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon you're not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.arms length contractor;

11.8.2you may copy the text of any page for your personal use in connection with the purpose of the Site or a Service we provide.arms length contractor;

12.Copyright and other intellectual property rights

12.1.All Content on the Site, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of Services for sale. It is all protected by international copyright laws.

12.2.You may not copy, or in any way exploit any of the content, except as is expressly permitted in this agreement or with our written consent. For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.

13.Interruption to theTeachingMe service

13.1.We will do all we can to maintain access to the Site, but it may be necessary for us to suspend all or part of our service for upgrades, maintenance or other reason. We may do so without telling you first.

13.2.You acknowledge that our service may also be interrupted for reasons beyond our control.

13.3.You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to TeachingMe service.

13.4.We give no warranty that our service will be satisfactory to you.

14.Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of:

14.1.your use of the TeachingMe service;

14.2.the breach or violation of this agreement by you;

14.3.the infringement by you of any intellectual property or other right of any person or entity;

14.4.your failure to comply with any law;

14.5.a contractual claim arising from your use of the Site and purchase of Service.

15.Our disclaimers

15.1.THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH TEACHERS MAY CREATE LISTINGS FOR THEIR CLASSES AND STUDENTS MAY LEARN ABOUT AND BOOK CLASSES WITH THE TEACHERS. YOU UNDERSTAND AND AGREE THAT TEACHINGME IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN TEACHERS AND STUDENTS, NOR IS TEACHINGME AN AGENT OR INSURER. TEACHINGME HAS NO CONTROL OVER THE CONDUCT OF TEACHERS, STUDENTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY TEACHING OFFERINGS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15.2.the Site contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

15.3.We are not liable in any circumstances for special, indirect, consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of the Site.

15.4.The teachingme.com.au and teachingme.com Websites and TeachingMe services are provided 'as is'. We make no representation or warranty of any kind, express or implied, including, without limitation, any warranty that either of them will be:

15.4.1of satisfactory quality;arms length contractor;

15.4.2fit for a particular purpose;arms length contractor;

15.4.3available or accessible, without interruption, or without error.arms length contractor;

16.Disclaimers about the Service

16.1.All of the Content on the Site relating to any Service has been provided by a Provider. We do not accept responsibility for the accuracy of any claim or advertisement.

16.2.We make no representation, warranty or other provision with regard to the Services and you acknowledge that you do not rely on any made by us, but solely on your contract with a Provider.

16.3.So far as concerns Services you purchase through the Site, we are not liable for:

16.3.1any Service complying with the requirement of any law or being available;arms length contractor;

16.3.2the Provider performing his contract;arms length contractor;

16.4.We give no warranty, representation or undertaking whatever as to the continuing business of a Provider or that any Service offered for sale by a Provider will be useful or suitable for you;

16.5.You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a Provider.

17.Miscellaneous matters

17.1.If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

17.2.For the purposes of the Privacy Act 1988 as amended you consent to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country in any part of the World.

17.3.If you are in breach of any term of this agreement, we may:

17.3.1publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.arms length contractor;

17.3.2terminate your account and refuse access to the Site;arms length contractor;

17.3.3remove or edit Content, or cancel any order at our discretion;arms length contractor;

17.3.4issue a claim in any court.arms length contractor;

17.4.Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

17.5.No failure or delay by us to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

17.6.When you visit the Site or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the Site. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.

17.7.When you sign up with the site, you agree to receive marketing communications from us.

17.8.Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent e-mail: within 48 hours if no notice of non-receipt has been received by the sender.

17.9.In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

17.10.This agreement does not give any right to any third party.

17.11.We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control.

17.12.In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

17.13.The validity, construction and performance of this agreement shall be governed by the laws of the State of Victoria.

 

Terms and Conditions applicable to a seller of Service

Teaching Me Pty Ltd ACN 608 836 871 ('TeachingMe', 'us', 'we', 'our') operates online platforms www.teachingme.com.au and www.teachingme.com, allowing Consumers to find suitable teaching and tutoring services, and Providers to advertise their services. By visiting or using the Site, you agree to be bound by its Terms and Conditions.

Please read this agreement carefully before using TeachingMe Services.

1.Definitions

"Content"

means the textual, visual or aural content that is encountered as part of your experience on the Site. It may include, among other things: text, images, sounds, videos and animations. It includes content such as advertising material, and all other product or service related material Posted by you.

"Post"

means place on or into the Site any Content or material of any sort by any means.

"Provider"

means you, a person or organisation who has placed details on the Site of a Provider Service offered for sale or free of charge, through the Site.

"Provider Service" and "Your Service"

mean the service you offer for sale through the Site.

"Our Service"

means the service we provide to enable you to sell Provider Services here.

"the Site"

means any website of ours, and includes all web pages controlled by us and our sister websites.

2.Our contract

2.1The relationship between us is solely that:

2.1.1in consideration of a fee charged by us, we provide for you an Internet market place as an arms length contractor;

2.1.2we act as your agent solely in the collection of money paid by your customer;

2.1.3we are not your partners or joint venturers.

2.2If you place a Provider Service for sale on the Site, you do so subject to these terms.

2.3We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on the Site at the time that the contract was made.

2.4Although we are not a party to your contract with a consumer introduced to you via the Site, we shall remove Your Services from offer if a customer or site visitor has a valid complaint against you.

2.5Subject to this agreement and to the procedures set out in the Site, you may enter a Provider Service for sale through the Site.

3.Your Provider Service placement

You agree:

3.1to adequately and honestly reflect your academic qualifications, ID and safety documents and teaching experience in your profile. We reserve the right to perform sporadic checks and ask you to provide proof to us (e.g. copy of academic transcript).

3.2to adequately and honestly reflect the nature of your service e.g. the speciality of your class and teaching method in your product description.

3.3to provide the Services by yourself if you are representing yourself as an individual.

3.4immediately to deactivate from sale or delete your account on the Site any Provider Service which for any reason, you are unable to supply.

3.5to ensure that offered packages for tutoring or group classes do provide students with sufficient time to attend classes. As a guideline a minimum package consumption of one hour per week is assumed. So if you are offering a package of 20 hours the end date should be at least 20 weeks in the future.

3.6to provide a clear refund policy to your students, please refer to the Refund Policy for more information.

4.Complaints about Provider Services

You agree that you will at all times:

4.1reply promptly and in any event within 48 hours to any customer message or other correspondence;

4.2comply with the law relating to all aspects of the contract between you and your customer, relating in particular to your obligations to provide full information and refund and accept cancellation. However, you may also offer more favourable terms to your customers as per your own refund policy set out on your class listing on the Site;

4.3when you have an obligation to return money to a customer for any reason, you will do so immediately in line with the cancellation and refunds policy set out on the Site and on your listing pages;

4.4If you elect to offer tutoring classes or a free trial class to your packages, you agree to provide a full refund should the students are not satisfied with the first tutoring class or the trial class;

4.5comply with the TeachingMeprocedures relating to satisfaction of a booking, as set out on the Site from time to time;

4.6Please provide information to us in respect of any claim for non-supply and any dispute as to payment, so as to enable us to identify the possibility of fraud.

5.The selling procedure

5.1TeachingMeis not responsible for the fulfilment of your contract to sell a Provider Service.

5.2You agree that a service contract offered by you is a firm and binding contract as soon as your customer's payment has been accepted by our payment service provider.

5.3Subject to discounts and promotions, Provider Services are offered for sale at a fixed price. The provider ensures that GST will be included in the price. GST will not be charged separately through TeachingMe.

5.4Provider Services will be offered for sale and sales made, subject to the terms and conditions applicable to consumers. You accept and endorse these terms and agree to comply in all respects with the corresponding obligations of a Provider. You may view the Consumer's Terms and Conditions on the Site at any time.

5.5Providers are responsible for arranging and paying tax.

5.6We recommend minimum rates of pay for tutors should be based on the recommendations of the SEOA (Student Employment Officers Association of Victoria) an association that represents all tertiary education institutions across Victoria.

6.Our commission and payment to you

6.1We sell Your Service at the price you place on it, subject to these terms and the requirements we set out on the Site from time to time.

6.2Our fees and commissions are payable on demand. Please check the Commission Scheme. You irrevocably authorise us to deduct them from the amount paid to us by your consumers.

6.3the Site selling system is an automated system which can be followed by you through your "Account panel".

6.4The proportion of each sale receipt retained by us is as set out elsewhere on the Site or agreed in writing which takes precedence.

6.5We will pay you within 7 business days of confirmed despatch of order but not before 4 days after the first session of your Service has taken place.

6.6You will require a PayPal account (www.paypal.com), configured with a bank account located in the Commonwealth of Australia to receive payments.

6.7Payout transactions will be sent to you via email and you can check history at the PayPal site.

6.8If we do or could earn interest on any cash balance in our control for the period between payment by a customer and our accounting to you, we are free to keep that interest and have no obligation to account for it to you.

6.9If an action by a consumer results in a charge back to our account, you agree that we may deduct the sum charged back together with any fee paid to our service provider and bank, from any sum due to you, at or after that time.

6.10If you or we accept any cancellation and consequently refund money to a customer, we are not obliged to repay commission to you.

6.11If in our discretion we believe that your performance as a Provider results in a significant number of charges back and / or consumer disputes or if we believe you are in breach of this agreement, we are free to hold back payments to you until we are satisfied that disputes have been settled and / or breach rectified.

7.Your Provider Service warranties

7.1You warrant that any Provider Service you place on the Site for sale:

7.1.1is not: illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to any third party;

7.1.2does not offend against the law of any country whose citizens might purchase it;

7.1.3is not intended primarily to advertise any business, except your business, so far only as it is carried on through TeachingMe.

7.2You warrant that you own the copyright of any Provider Service you place on the Site for sale, or that you have the permission of the copyright owner:

7.2.1to place the Provider Service on the Site for sale;

7.2.2to receive the net proceeds of such sales as arise;

7.2.3to defend the copyright in the Provider Service.

8.How we handle your Content

8.1If you Post Content to any public area of the Site it becomes available in the public domain. We have no control who sees it or what anyone does with it.

8.2You now irrevocably authorise us to publish feedback, comments and ratings about Your Services and activity through the Site, even though it may be critical.

8.3We will use that licence only for commercial purposes of the business of the Site and will stop using it after a commercially reasonable period of time.

8.4Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

8.5You understand that you are personally responsible for your breach of someone else's intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.

8.6You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

8.7Please notify us of any security breach or unauthorised use of your account.

8.8In the interest of protecting our customers, TeachingMe reserves the right to decline listings.

9.Restrictions on what you may Post to the Site

We invite you to Post Content to the Site for marketing your services. We have to regulate your use of the Site to protect our business and our staff, to protect other users of the Site and to comply with the law.

You agree that you will not use or allow anyone else to use the Site to Post Content or undertake any activity which is or may:

9.1be unlawful, or tend to incite another person to commit a crime;

9.2be obscene, offensive, threatening, violent, malicious or defamatory;

9.3be sexually explicit or pornographic;

9.4be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

9.5use a Posting to solicit responses unconnected with the purpose of the Site or the terms proposed by this agreement.

10.Your Posting: restricted Content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting or suspend your account which does not comply with these terms.

In addition to the restrictions set out above, a Listing and Message must not contain:

10.1hyperlinks, other than those specifically authorised by us;

10.2personal details including phone numbers, address, email address;

10.3keywords or words repeated, which are irrelevant to the Content Posted;

10.4the name, logo or trademark of any organisation other than yours;

10.5inaccurate, false, or misleading information;

10.6material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18 years old;

10.7Please be aware that we don't currently support private contact details in listing descriptions. You can be contacted through private messaging once your listing has been approved.

11.Security of the Site

If you violate the Site we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

11.1modify, copy, or cause damage or unintended effect to any portion of the Site, or any software used within it.

11.2link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;

11.3download any part of the Site, without our express written consent;

11.4collect or use any service listings, descriptions, or prices;

11.5collect or use any information obtained from or about the Site or the Content except as intended by this agreement;

11.6aggregate, copy or duplicate in any manner any of the Content or information available from the Site, other than as permitted by this agreement or as is reasonably necessary for your use of Our Services;

11.7share with a third party any login credentials to the Site.

12.Copyright and other intellectual property rights

12.1All Content on the Site, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of services for sale. It is all protected by international copyright laws.

12.2You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement or with our written consent.

12.3For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.

13.Interruption to Our Service

13.1We will do all we can to maintain access to the Site, but it may be necessary for us to suspend all or part of Our Service for repairs, maintenance or other good reasons. We may do so without telling you first.

13.2You acknowledge that Our Service may also be interrupted for reasons beyond our control.

13.3You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to Our Service.

13.4We give no warranty that Our Service will be satisfactory to you.

14.Our disclaimers

14.1THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH TEACHERS MAY CREATE LISTINGS FOR THEIR CLASSES AND STUDENTS MAY LEARN ABOUT AND BOOK CLASSES WITH THE TEACHERS. YOU UNDERSTAND AND AGREE THAT TEACHINGME IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN TEACHERS AND STUDENTS, NOR IS TEACHINGME AN AGENT OR INSURER. TEACHINGME HAS NO CONTROL OVER THE CONDUCT OF TEACHERS, STUDENTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY TEACHING OFFERINGS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

14.2We are not responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss whatever.

14.3the Site contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.

14.4We are not liable in any circumstances for damages resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of the Site.

14.5Teachingme.com.au and teachingme.com websites and TeachingMeservices are provided "as is". As to the Site and Our Services, we make no representation or warranty of any kind, express or implied, including, without limitations, warranties:

14.5.1as to fitness of the Site and Our Service for a particular purpose;

14.5.2as to availability and accessibility, without interruption, or without error;

14.5.3any obligation, liability, or remedy in tort whether or not arising from our negligence.

14.6You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a consumer.

15.Your indemnity to us

You agree to indemnify us against all loss and expense, including legal fees and management time related in any way to:

15.1a claim by any person in respect of any Provider Service;

15.2protecting the reputation of our business by our making a payment to a customer of yours in circumstances where you have failed to make that repayment or otherwise comply with your contract with that customer.

15.3any cost to us arising from a decision by us to comply as your agent, with any obligation of yours, whether or not we have your permission, arising out of any regulation or law, including:

15.3.1the deletion or amendment of any text or other content you have placed on the Site;

15.3.2any payment we make on an ex gratia basis, arising from a contract between you and a customer;

15.4legal or other fees we incur in defending a claim or the imposition of a fine or penalty;

15.5our management time in dealing with any failure or alleged failure by you to comply with any relevant regulation or law.

16.Miscellaneous matters

16.1You undertake to provide us your current land address, e-mail address, telephone and your name as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.

16.2So far as any time, date or period is mentioned in this agreement, time shall be of the essence.

16.3If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

16.4For the purposes of the Privacy Act 1988 as amended you agree to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality.Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country in any part of the World.

16.5If you are in breach of any term of this agreement, we may:

16.5.1publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.

16.5.2terminate your account and refuse access to the Site;

16.5.3remove or edit Content, or cancel any order at our discretion;

16.5.4issue a claim in any court.

16.6Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

16.7No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

16.8When you visit the Site or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the Site. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.

16.9Any communication to be served on either of us by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent e-mail: within 48 hours if no notice of non-receipt has been received by the sender.

16.10You acknowledge and agree that a substantial portion of the compensation TeachingMe receives for making the Site available to you is collected through the Commission described in Section 6 ('Our commission and payment to you'). TeachingMe only receives this Commission when a provider receives payment through the Site. Therefore, for 12 months from the time you identify or are identified by any party through the Site (the 'Non-Circumvention Period'), you must use the Site as your exclusive method to request, make, and receive all payments for users directly or indirectly arising out of your relationship with TeachingMe (the 'TeachingMe Relationship'). Not adhering to this policy might result in suspension of your account. We reserve the right to check from time to time with consumers adherence to the policy.

16.11In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

16.12This agreement does not give any right to any third party.

16.13We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control.

16.14In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

16.15This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

16.16The validity, construction and performance of this agreement shall be governed by the laws of the State of Victoria.