Last Updated: 30th August 2018
WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. PLEASE CHECK THESE TERMS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES
If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
You are responsible for your acts and omissions. Site is only a venue to connect Students and Tutors, in the event that you have any dispute with other user, you release MyPrivateTutor (and our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors and assigns) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. As independent contractors hired by Students, Tutors or representative of the tuition centres control the methods, materials and all aspects of the lessons.
We only support the Tutor or Tuition Centres decisions and choices that you make. These decisions and choices are yours. We cannot make decisions for you. We only help you to find good Tutor and connect with Tutors. On our Site you can ask and find informational questions and related educational answers by Tutors. Students are responsible for selecting the right tutor or tuition centre for their needs. In making hiring decisions, Students should review and investigate each tutor's self-reported credentials, education, and experience, as well as reviews from other students. ALL TUTORING SESSIONS SHOULD BE SUPERVISED BY A RESPONSIBLE ADULT.
The information provided in MyPrivateTutor, regarding tutors, tuition centres, tuition centres, courses, etc. has been compiled by assimilating data from various educational websites, which are available in the public domain. The details provided are for general information only. We update the data regularly to ensure that the information you receive from our website is accurate. For additional requirement of education related information displayed in our website, we recommend you contact the respective tuition centres.
MyPrivateTutor controls and operates the Site from various locations and makes no representation that this website is appropriate or available for use in all locations. MyPrivateTutor services may not be available in your location, and available services may vary among locations. In addition, MyPrivateTutor will attempt to deliver all correspondence sent via the Site's messaging system. MyPrivateTutor does not, however, guarantee delivery of all messages.
MyPrivateTutor reserves the right to withdraw or modify aspects of the MyPrivateTutor service, or the entirety of it, when and where we have legal or commercial reasons to do so. There may also be times when the MyPrivateTutor service becomes inaccessible as a result of technical difficulties experienced by MyPrivateTutor or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control.
You acknowledge and agree that MyPrivateTutor's services are provided for the purpose of facilitating education and not for any illegal purposes. You agree not to use the Site to hire tutors for illegal purposes such as to complete assignments, to write test/exam papers, take quizzes or otherwise do work on your behalf. Further, you agree not to use MyPrivateTutor's services for any purpose that violates the academic honesty policy or other conduct policies of your school, college, university, academic institution or workplace. You agree not to use the Site to: (a) violate or encourage the violation of any local, state, national, or international law; (b) stalk, harass, or harm another individual; (c) collect or store personal data about other users of our Site; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) interfere with or disrupt the Site or services or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site. You agree not to use the Site or Mobile Application to send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by MyPrivateTutor in its sole discretion.
Without our written consent, you may not: (i) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose, any portion of the Site, use of the Site, or access to the Site; (ii) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (iii) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts, or other automated device) to access the Site or monitor or copy our Web pages or the content contained thereon; (iv) deep link to the Site for any purpose; or (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. If you are below age of 18, you can use the Site or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms. If you are the parent or legal guardian of a child under the age of 18, you may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child. If you do not qualify under these terms, do not use the Site or Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the Terms set forth herein. You agree: (a) to provide accurate, current, and complete information about you as may be prompted by a registration form on the website ("Registration Data"); (b) to maintain the security of your password and identification; (c) to maintain and promptly update the Registration Data and any information you provide to MyPrivateTutor, to keep it accurate, current and complete; and (e) to accept all risks of unauthorized access to information and Registration Data.
You may submit feedback regarding your experiences with Tutor or Tuition Centres on our Site or Mobile Application, submit inquiries concerning possible educational needs and to participate in the other interactive and community features of the Site (collectively "Submitted Content"). It is important that you act responsibly when providing Submitted Content. In providing feedback, please give clear, honest information about the Tutor or Tuition Centres and your experiences, but do not use inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity. When participating in other interactive or community aspects of the Service, please do not post any information that another user or Tutor or Tuition Centres may use to identify you as an individual, but please do include all relevant information in a concise manner to help us provide you with a helpful response.
You acknowledge and agree that by submitting the Submitted Content to us, you (i) grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform the Submitted Content throughout the world in any media, now known or hereafter created without attribution, (ii) grant us the right to pursue at law any person or entity that violates Your and/or our rights in Your Submitted Content, and (iii) forever waive any and all of Your rights, including but not limited to moral rights, if any, in and to Your Submitted Content, including, without limitation, any all rights or requirements of attribution or identification of You as the author of the Submitted Content or any derivative thereof. You further acknowledge and agree that Your Submitted Content is non-confidential and do not contain proprietary information.
You are permitted to post only one Submitted Content regarding the same Tutor or Tuition CentresTuition Centres, entity, procedure or subject during any thirty day period.
We reserve the right to publish your Submitted Content as part of the Service and to also to remove your Submitted Content for any reason. We are not, however, responsible for any failure or delay in removing Submitted Content.
We do not provide the Submitted Content on the Site. It is users of the Site provide Content on the Site. The Tutor or Tuition Centres determine which questions to answer; they are not employees or agents of MyPrivateTutor but are independent service providers using the Site to provide their expert knowledge to users of Site.
We are not involved in any conversations between users and does not refer you to or endorse or recommend particular Tutor or Tuition Centres. You understand and acknowledge that we cannot and do not edit, modify, filter, screen, monitor, endorse or guarantee the content on Site. We shall not be liable for any acts or omissions of Tutor or Tuition Centres, Content, the ability of Tutor or Tuition Centres to answer questions or the ability of Students to pay for tuitions. We do not ensure that users will complete a transaction.
By using the Site, you understand and agree that MyPrivateTutor may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that MyPrivateTutor may revise the Eligibility Conditions from time to time and require new conditions and certifications and that User will abide by such revised Eligibility Conditions or discontinue using the Site.
You hereby authorize MyPrivateTutor to verify the above representations and warranties by you and you acknowledge and agree that MyPrivateTutor shall have the right, but not the obligation, to verify such representations and warranties. You agree and understand that such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or use of available public records. You consent to any collection, use or disclosure in order to accomplish such verification. You further agree that MyPrivateTutor may take such action as it, in its sole discretion, deems appropriate, including without limitation suspending and/or terminating your use of the Site, should it determine that you have violated any representation or warranty.
The preceding paragraph notwithstanding, you understand and agree MyPrivateTutor does not conduct background checks of any User. You also understand and agree MyPrivateTutor neither confirms nor denies the validity of information provided by Users and that MyPrivateTutor does not verify that any or all of the Eligibility Conditions are met by Users. You understand and agree to make your own decisions and assessments about persons to engage and that IT IS YOUR SOLE RESPONSIBILITY TO CONDUCT ANY AND ALL BACKGROUND AND REFERENCE CHECKS REGARDING OTHER USERS.
MyPrivateTutor expressly disclaims, and you expressly release MyPrivateTutor from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding a User's Eligibility Conditions and/or (b) misstatements or misrepresentations made by any User.
MyPrivateTutor reserves all of its rights to remove anything objectionable to MyPrivateTutor in its sole discretion. Alleged improprieties by any User may be reported to MyPrivateTutor by email at email@example.com
MyPrivateTutor may at its sole discretion revise or change the subscription and connect rates without any prior notification. Refunds will be made at the sole discretion of MyPrivateTutor.
MyPrivateTutor may utilize third party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications ("consumer reports"). MyPrivateTutor does not endorse or make any representations or warranties regarding the reliability of such consumer reports or the accuracy, timeliness or completeness of any information in the consumer reports. MyPrivateTutor does not independently verify information in the consumer reports.
You hereby consent to MyPrivateTutor collecting, using and disclosing the information in the consumer reports. You understand and agree that MyPrivateTutor may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that MyPrivateTutor shall not be responsible or liable in any way in the event that any information in the consumer reports about any person, including without limitation any User, is not accurate, timely or complete. Users who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. MyPrivateTutor reserves the right to suspend and/or terminate User based on information in the consumer reports or for any other reason in MyPrivateTutor's sole discretion.
We send various text message and PUSH notifications for new student messages, new message reminders, job opportunities and more ("Text Message Program"). Please note that standard data and messaging rates may apply for any text message notifications. Please contact your mobile phone carrier for details.
Your mobile phone carrier's standard data and messaging rates may apply for any messages sent to you from us and from us to you. If you have any questions about your text or data plan, please contact your mobile phone carrier.
Except as expressly authorized by MyPrivateTutor or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software MyPrivateTutor discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
"MyPrivateTutor Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations MyPrivateTutor uses in connection with its products and services. You may not remove or alter any MyPrivateTutor Trademarks, or co-brand your own products or material with MyPrivateTutor Trademarks, without MyPrivateTutor's prior written consent. You acknowledge MyPrivateTutor's rights in MyPrivateTutor Trademarks and agree that any use of MyPrivateTutor Trademarks by you shall inure to MyPrivateTutor's sole benefit. You agree not to incorporate any MyPrivateTutor Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by MyPrivateTutor on this Site provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "used with permission") is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in this document. Upon termination, you must immediately destroy any downloaded and/or printed Content
MyPrivateTutor reserves the right to suspend (deactivate) and/or terminate (delete) any user with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no further use of the Site after termination (deletion of profile) or during suspension (deactivation of profile).
USE OF THE SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING THE INFORMATION, SERVICES, AND CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. MyPrivateTutor DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. MyPrivateTutor MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SITE.
MyPrivateTutor MAKES NO WARRANTY OR REPRESENTATIONS THAT: (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM TUTORS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE SITE WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
THE SITE OFFERS A MARKETPLACE FOR THOSE SEEKING TUTORING SERVICES TO CONNECT WITH THOSE SEEKING TO PROVIDE TUTORING SERVICES. YOU UNDERSTAND AND AGREE THAT MyPrivateTutor HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER AND THAT MyPrivateTutor MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT MyPrivateTutor IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE. AS SUCH, MyPrivateTutor EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE SITE.
USERS OF THE SITE TRANSACT BETWEEN THEMSELVES. MyPrivateTutor WILL NOT BE INVOLVED IN ANY USER INTERACTIONS. MyPrivateTutor IS NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSS, INJURY, OR DAMAGE OF ANY KIND THAT MIGHT ARISE DURING AND AFTER USER INTERACTION.
YOU UNDERSTAND AND AGREE THAT MyPrivateTutor HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER ON OR OFF THE SITE AND THAT MyPrivateTutor MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT MyPrivateTutor IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF THE SITE, OF ANY USER. AS SUCH, MyPrivateTutor EXPRESSLY DISCLAIMS, AND EACH USER EXPRESSLY RELEASES MyPrivateTutor FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE SITE, INCLUDING WITHOUT LIMITATION ANY ACTS AND/OR OMISSIONS OF USERS ON OR OFF THE SITE.
TO THE FULL EXTENT PERMITTED BY LAW, MyPrivateTutor IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF MyPrivateTutor HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE SITE; (B) THE COST OR PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSION OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION USERS MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL MyPrivateTutor'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO MyPrivateTutor OR A MyPrivateTutor PARTNER, IF ANY, OR (B) AUD 5000 (WHICHEVER IS LESS).
You agree and understand that you assume all risks when using the Site, including without limitation any and all of the risks associated with any online or offline interactions with other Users.
You agree that any material breach of the Terms will result in irreparable harm to MyPrivateTutor for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, MyPrivateTutor will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if MyPrivateTutor seeks such an injunction.
MyPrivateTutor may provide notice to Users via email, regular mail, or posting notices or links to notices on the Site. MyPrivateTutor reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. MyPrivateTutor may also delete, or bar access to or use of, all related information and files. MyPrivateTutor will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information. MyPrivateTutor may amend these Terms at any time by posting the amended terms on this Site.
These Terms constitute the entire agreement between you and MyPrivateTutor relating to their subject matter, and cancel and supersede any prior versions of the Terms. You may not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use MyPrivateTutor or third-party products or services.
LearnPick does not allow any tutor bureau to register in our website, effective from 1st January 2014. No Individual tutor or tutor bureau is allowed to offer such services through our website. If such an act or attempt is found out, that particular membership will be deleted immediately without any refund.