Terms and Conditions

BY USING OUR WEBSITE, YOU ARE ACCEPTING THE TERMS AND CONDITIONS SET OUT BELOW. IF YOU DO NOT AGREE TO BELOW TERMS AND CONDITIONS, YOU MUST STOP USING OUR WEBSITE IMMEDIATELY.

This page (together with the documents referred to in it) provides you with the terms with which you may use our website www.winclass.com.au (“Website”,”Site”), whether as a guest or a registered user. These Terms and Conditions were last updated on 28th August 2021.

Please read these Terms and Conditions carefully and thoroughly along with Client Terms and Tutor Terms before using this Website.

1. INFORMATION ABOUT US

1.1 WinClass Education Pty Ltd (“WinClass”, “us”, “we”, “our”) is a proprietary limited company registered in Australia with ABN 16 646 239 367. The website www.winclass.com.au is owned and operated by WinClass Education Pty Ltd.

1.2 If there are questions you need answered about our Website or our Services, please contact us by email at admin@winclass.com.au.

2. THE SITE AND THE PLATFORM

2.1 We may alter and/or update our Site, our Platform, or any part of it, at any time without notification. It is your responsibility to always check the Site for changes in content.

2.2 Access to our Site or Platform is free of charge.

2.3 Access to our Site or Platform is provided on an “as is” and “as available” basis.

2.4 We build the Platform with integrated Online Classroom via our Website which enables people to access tutoring services (Client) to find a tutor who is registered on the Platform (Tutor) and arrange online tutoring session or sessions (Online Class or Online Classes) with the Tutor.

2.5 The Platform enables people to self-book and self-cancel a booking through this Website or by contacting us. These self-booking and self-cancellation services are subject to additional Terms and Conditions. See below for more details.

3. PLATFORM TERMS OF USE

3.1 By using this Website, you agreed to abide by these Terms and Conditions together with our Privacy Policy & Cookie Policy.

3.2 Your use of this Website means that a contract consisting of these Terms and Conditions is formed between you and us which governs your use of our Website, Platform and Services available on this Website.

3.3 These Terms and Conditions will apply:

  1. 3.3.1 Regardless of the method you choose to access the Platform (including through the Website or through any mobile device application or iPad); and
  2. 3.3.2 To all users of the Website, including Clients, Tutors and Guests and references to “you” or “your” are to you, the user of the Website, whether you are a Client, Tutor or Guest.

3.4 Certain paragraphs of these Terms and Conditions are only relevant to Clients and certain paragraphs of these Terms and Conditions are only relevant to Tutors. However, we encourage you to read them in their entirety, as well as WinClass Client Terms and WinClass Tutor Terms.

3.5 We may make changes to these Terms and Conditions to reflect the way we operate the Website from time to time. It is your responsibility to always check the Site for changes in content.

3.6 Every time you access the Website, the Terms and Conditions in force at that time will apply to your use of the Website.

4. HOW TO USE OUR SITE AND THE PLATFORM

4.1 You must be 18 years of age, or older, to register as a Client or Tutor. The Client can then add his/her child/children under the registered account.

4.2 We grant you a limited, non-exclusive, non-transferable and revocable licence to access this Website and its content and services solely as an end user and subject to the Terms and Conditions.

4.3 We do not guarantee that the Website, or any content on it, will always be available or remain uninterrupted. Access to the Website is permitted on a temporary basis and we may suspend access to the Website, or any part of it, without notice where we are required to do so by any applicable law or where the Website is unavailable through no fault of our own. In other circumstances we will give you at least 7 days prior notice by posting such a notice on the Website.

4.4 Where the Platform is being accessed from any website other than our Website, you agree to comply with both the Terms Conditions and any terms of use relating to the third-party website. Where there is a difference between our Terms and Conditions and those of any other website operating the Platform, the WinClass Terms and Conditions shall prevail.

4.5 You will not access or use the Website except for its intended purpose and will not attempt to:

  1. 4.5.1 gain unauthorised access to, make unauthorised alterations to, or introduce any kind of malicious code to the Website by any means, or
  2. 4.5.2 reverse engineer or decompile, whether in whole or part, the Website or any software available through it, or
  3. 4.5.3 make copies, modify, reproduce, transmit, alter, or distribute all or any part of the Website or any material or information contained in it, other than as permitted by law, or
  4. 4.5.4 use the Website for any purpose that is unlawful under any applicable law, or
  5. 4.5.5 use the Website to commit any act of fraud, or
  6. 4.5.6 use the Website to simulate communications from us or another service or entity to collect identity information, authentication credentials, or other information (‘phishing’), or
  7. 4.5.7 use the Website in any manner that disrupts its operation.

4.6 You will not disguise or interfere in any way with the IP address of the computer you are using to access the Website or take steps to prevent us from correctly identifying the actual IP address of the computer you are using whilst accessing the Website.

4.7 The Website may contain hyperlinks or references to third-party websites. Any such hyperlinks or references are provided for your information and convenience only. We have no control over third-party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third-party’s website, products, or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.

4.8 You are responsible for making all arrangements necessary for you to have access to the Website including configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.

4.9 You may link to the Website from another website without our consent in writing if you:

  1. 4.9.1. link only to the homepage of our website at www.winclass.com.au , or
  2. 4.9.2 do not create frames or any other border around our Website, or
  3. 4.9.3 comply with all relevant laws and regulations on our website or platform you are linking from, or
  4. 4.9.4 do not imply that we endorse or are associated with your, or any other, website, product, or service, or
  5. 4.9.5 ensure that the website from which you are linking does not contain inappropriate or distasteful content which may reflect badly on us.

4.10 A Client can use our Website to search for and browse a selection of Tutors matching their requirements. A Client can select a Tutor with whom they would like to book an Online Class via Our Online Classroom on Our Platform by submitting a booking request through our Website (Booking Confirmation).

4.11 You may access, view, and use our site in a web browser including any web browsing capability built into other types of software or app.

4.12 After a Client has submitted a booking confirmation, the Client and the related Tutor will see the booked session on their own calendar pages with subject name and time slot and, at this stage of the process, the Class is confirmed for both the Tutor and the Client.

4.13 All the images, video, or any content from our Site must not be used separately from accompanying text and must not be used anywhere else without our written permission.

4.14 The inclusion of a link to another website on our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it unless expressly stated by us.

5. PRIVACY POLICY

5.1 We use and process your registration data and certain other information we collect about you in accordance with our Privacy Policy. For more information, please see our full Privacy Policy.

5.2 By using our Website, you are consenting to such processing and use, and you warrant that all data provided by you is accurate, correct and up to date.

6. TUTOR SESSION CONTRACTS

6.1 When a Booking is confirmed, a contract for an Online Class is formed between the Client and Tutor (Tutoring Contract). Each Tutoring Contract will incorporate the provisions of the Terms of Conditions in its entirety.

6.2 Please note:

  1. 6.2.1 we do not provide any tutoring through the Platform, and
  2. 6.2.2 our role is limited to providing the Platform, and
  3. 6.2.3 we are not a party to any Tutoring Contract, and
  4. 6.2.4 we are not the employer, principal or agent of any Client or Tutor, and
  5. 6.2.5 we are not responsible for the syllabus or content taught by a Tutor to a Client, the Tutor is solely responsible, and must ensure all subject content is taught correctly.

6.3 Tutors can only arrange to provide tutoring services to Clients through our Website. Tutoring Contracts are governed by the laws of Australia and the courts of NSW will have exclusive jurisdiction in relation to any and all disputes.

7. FEES

7.1 Pricing schedules for Online Classes are fixed according to specific school grades, which are specified in the Tutor’s profile and can be seen prior to submitting a Booking.

7.2 The Client should purchase Class Packages (Packages) before making any booking. Various types of Packages are available, including different amounts of Online Class units. For each Online Class booked and completed, the amount of the unit will be correspondingly deducted from the Package’s original total.

7.3 Registration on the Platform as a Tutor or Client is free. However, we will charge a minimum fee, for each Online Class to maintain the cost of managing and operating the Platform. The Fee is charged variously according to the school year group and is included in the Package the Client purchased. The Tutor does not need to pay us separately. The Tutor’s listed Online Class price is paid to the Tutor.

7.4 All payments made by Credit Card will attract an additional 2% fee. Therefore, we encourage all the Clients to make payments by Electronic Bank Transfer. Our bank account details will be shown on the payment page.

7.5 We will make all Payments to the Tutor on the 1st day of each month, or within the next 2 business days if the 1st day falls at the weekend or Public Holiday.

7.6 The Fee paid to the Tutors includes any applicable GST for each Online Class that takes place on the Platform.

7.7 The Tutor must not receive or accept payment directly from the Client, or any student, or any other person that may be due for the provision of an Online Class. All payments must be processed through the Website or by us.

7.8 Tutors will be informed of the class rates which are displayed on the Platform. We may change any of the rates from time to time to reflect legitimate cost increases or reductions in operating this Website. We will give you 30 days’ notice of any change in the rates. Any such changes to Online Classes will start from the first class after the date of which the change is stated to take effect.

8. CANCELLATION OF ONLINE CLASSES

8.1 The Online Classes can be cancelled by the Client through our self-booking and self-cancellation system on the Platform, but the Online Class can only be cancelled by the Client 48 hours or more before it is due to take place. Tutors can only cancel any booked Online Class by submitting a notice of cancellation via email to: admin@winclass.com.au , and supported with reasonable documents to prove the reason for cancellation.

8.2 If an Online Class is cancelled by the Client inside 48 hours before it is due to take place, or if the Online Class is not cancelled but not attended by the Client, the full Online Class credit will be deducted from the Client’s account balance.

8.3 If events or circumstances outside the reasonable control of the Tutor prevent, or are likely to prevent, the Tutor from attending a session, the Tutor should make every effort to rearrange another Online Class as soon as possible. If the Online Class cannot be rearranged, the Tutor must inform us at the earliest by sending an email to admin@winclass.com.au.

8.4 No Fee will be charged if an Online Class is cancelled by the Client 48 hours, or longer, before the class is due to take place.

9. DISCLAIMERS AND OUR LIABILITY TO YOU

9.1 To the fullest extent permitted by law, we should not liable for:

  1. 9.1.1 personal injury or death resulting from our negligence, or
  2. 9.1.2 fraud or fraudulent misrepresentation, or
  3. 9.1.3 for breach of a Client’s legal rights in relation to the services available on the Platform, including the right to receive Services (from the Tutor or us) which are as described and supplied with reasonable skill and care, or
  4. 9.1.4 any other liability the exclusion or limitation of which is not permitted by applicable law or regulation.

9.2 We cannot guarantee that this Website will be:

  1. 9.2.1 compatible with all or any hardware and software which you may use, or
  2. 9.2.2 available at all times or at any specific time, or
  3. 9.2.3 up to date.

9.3 We use industry standard techniques to protect our Website from bugs, viruses and attacks but cannot guarantee that our Website will be free from bugs, viruses or other malicious software. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website, or to your downloading of any content on it, or on any Website linked to it.

9.4 The Tutor is not our employee or agent and, save where expressly provided for in these Terms and Conditions, a Tutor or Client has no power or authority to alter or waive any of these Terms and Conditions, or to bind or commit us in any way.

9.5 While we aim to interview all Tutors and strictly check their qualifications before they are permitted to teach on the Platform, we are not responsible for the actions of Tutors and cannot vouch for the quality of the service provided by the Tutor. (The Client should be always present during the Online Class which are to be delivered to a minor.)

9.6 The content on our Website is provided for general information only and is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on the Website, we make no promises that the content on the Website is accurate, complete, or up to date.

9.7 We do not provide tutoring services through the Platform and we provide no guarantee or assurances that the tutoring services accessed through the Platform will achieve or contribute to the achievement of any qualification, accreditation or other goal, standard or recognition.

9.8 We shall not be responsible for:

  1. 9.8.1 any loss or damage that was not an obvious consequence of our breach or that was not anticipated by us or you at the time you accepted these Terms and Conditions (e.g., any indirect, special, consequential loss or damage), or
  2. 9.8.2 loss of profits or contracts, or
  3. 9.8.3 loss of revenue, or
  4. 9.8.4 loss of business, or
  5. 9.8.5 loss of goodwill, or
  6. 9.8.6 business interruption, or
  7. 9.8.7 wasted management or office time, or
  8. 9.8.8 loss of anticipated savings, or
  9. 9.8.9 loss caused by circumstances outside our control, or
  10. 9.8.10 loss or damage that was caused by your breach of the Terms and Conditions, or
  11. 9.8.11 loss or damage arising directly or indirectly from any act or omission of a Tutor, or
  12. 9.8.12 loss or damage caused by the Website being unavailable at any time or for any period, or
  13. 9.8.13 loss or damage caused by a breach by the Tutor or Client of a Tutoring Contract, or
  14. 9.8.14 any loss or damage caused to you as a result of your browsing this Website as a guest, whether caused by error (including negligence), breach of contract or otherwise.

9.9 We are not liable to the Tutor for any loss, damages, expenses, payments, or injury which the Tutor may incur arising from the security or state or condition of any premises in which a Tutor Session is provided or from any act or omission of a Client, Student, or any third-party occurring on any such premises during the course of, or in connection with, the Online Class conducted by the Tutor.

9.10 All terms, conditions and warranties implied by any applicable law are, to the fullest extent possible, excluded from these Terms.

9.11 Clients and Tutors should consider taking out insurance in respect of possible losses that may be incurred by either party as a result of the hosting or delivery of an Online Class. We shall not carry liability for any loss or injury sustained by a Client, Tutor, or student due to the premises at which the Class is delivered if it is not safe or suitable.

10. YOUR ACCOUNT

10.1 We may restrict access to our entire Website or certain parts of our Website to users who have registered with us.

10.2 By making an application to register, you agree and confirm:

  1. 10.2.1 all the information you have provided is accurate and correct and you are the person whose details you have provided, and
  2. 10.2.2 you can enter into a legally binding agreement with us, and
  3. 10.2.3 you will only use our Website as outlined by the Terms and Conditions, and
  4. 10.2.4 you have provided a current address, telephone number and e-mail address and will notify us immediately if your contact details change, and
  5. 10.2.5 in the case of an individual, you are 18 years of age or over and capable of taking responsibility for your own actions, and
  6. 10.2.6 in the case of a company, or partnership, you are duly authorised to act on its behalf, and
  7. 10.2.7 you hold a current account at an Australian bank, and
  8. 10.2.8 you authorise us, at any time, to use any means that we consider necessary to verify your identity with any third-party providers of information. Please refer to the Privacy Policy for details of steps we may undertake to do this.

10.3 You must provide us with all information requested during the application process and comply with all our eligibility requirements.

10.4 We reserve the right, at our sole discretion, to refuse to register you on the Platform for any reason without obligation to provide you any further details.

10.5 When you register you will be given either a Tutor or Client account (Your Account) which will be linked to your email address and protected by a password. You agree to keep your password strictly confidential, and you must not disclose it to any third-party. Any failure to do so shall be at your sole risk and expense.

10.6 You agree that we are entitled to assume all correspondence, orders, transfers, and instructions made through Your Account are made by you. You agree to inform us immediately by e-mail or telephone if you know or suspect that Your Account has been compromised or your password is being misused so that we may suspend your Account.

10.7 We have the right to disable Your Account at any time if, in our opinion, you have failed to comply with any material provisions of the Terms and Conditions.

10.8 You agree to inform us as soon as possible if any information provided by you or contained in Your Account changes or if you become aware of any errors with respect to Your Account.

10.9 You acknowledge and agree all Online Classes will be recorded and the videos kept, for certain period, for participants of the classes to review, check, revise, and/or review for reasons of safety.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 Save for User Content (as defined in paragraph 17.1 below), all content published, displayed, or performed on this Website including, but not limited to text, lists, directories, graphics, photographs, images, illustrations, drawings, audio clips, video clips, interactive applications, and search features, (Website Content) is protected by copyright, trademarks, workflows, database rights and other intellectual property rights, which are owned or controlled by us. Save to the extent expressly provided in the Terms and Conditions, you shall not obtain any right, title, or interest in any of our Website Content. Any photos of tutors taken by WinClass, is the intellectual property of WinClass, and these photos cannot be used anywhere, other than the WinClass site, unless prior written consent is given.

11.2 You are not granted any commercial copying, sale, resale, rental, lending, adaptation, reproduction, distribution, publication, modification, broadcast, or promotional rights for our Website Content. You may not, without our prior written consent, except to the extent required to use this Website in accordance with the Terms and Conditions, use our Website Content for any purposes that require such rights, systematically extract any of this Website Content or in any way use or exploit commercially any of our Website Content. Such use is expressly prohibited and may violate applicable laws.

12. INTERACTIVE SERVICES

12.1 We may provide interactive services on this Platform, which may include Library, a messaging service and rating and review functions, in different stages.

12.2 Any use of our interactive services must comply with our Terms and Conditions. We have the right to remove any material you upload or posting you make on this Website if, in our opinion, such material does not comply with our User Conduct and Content Standard. We also have the right, without obligation, to monitor disputes between you and other users and/or to restrict, suspend or close your account if, in our opinion, doing so is necessary to enforce the Terms and Conditions.

12.3 By submitting messages information, learning materials, or any other content to this Website, you acknowledge that any material you upload to this Website will be considered non-confidential and free from any similar obligation or restriction. You acknowledge that the content that you post to this Website will be seen by other users. You agree that any loss or damage of any kind that you incur as a result of the use of any messages, content or material that you upload, post, transmit, display or otherwise make available through this Website is solely your responsibility.

12.4 You are responsible for your interactions with other users of this Website. We reserve the right to prohibit you from contacting other users through the interactive services or otherwise limit your use of the interactive services.

13. SUSPENSION AND TERMINATION

13.1 Failure to comply with these Terms and Conditions or our User Conduct and Content Standards above constitutes a material breach of the terms upon which you are permitted to use this Website. If, in our opinion, you fail to comply with these Terms and Conditions, it may result in our taking all or any of the following actions at our discretion:

  1. 13.1.1 immediate withdrawal of your right to use this Website and any services available on the Website, and
  2. 13.1.2 immediate removal of any posting or material uploaded or otherwise transmitted by you to this Website, and
  3. 13.1.3 legal action against you including proceedings for reimbursement of any and all damages and costs resulting from the breach, and
  4. 13.1.4 disclosure of such information to law enforcement authorities or third-party complainants as we reasonably feel is necessary or required, and
  5. 13.1.5 our actions are not limited, and we may take any other action we reasonably deem appropriate.

13.2 We may, in our absolute discretion, suspend or terminate your access to all or part of this Website and the content and services available through it with or without notice. We may also terminate accounts that are inactive for more than twelve months or should the registration information you provided to us prove to be false or misleading.

13.3 Upon and following such termination or suspension:

  1. 13.3.1 the licence to use this Website and its content and services shall immediately terminate, and
  2. 13.3.2 we may deny you access to your account and services provided through this Website; and
  3. 13.3.3 we may deny you access to any information you have stored through this Website and will not be retrievable at a later date. You will not be able to recover any data on a deactivated account. We therefore recommend that you keep a copy of any information or User Content you store through this Website if you want to be able to permanently access such information or User Content.

13.4. You may at any time close Your Account and cease using this Website if you do not have any outstanding Online Class.

14. ADVERTISING

14.1 This Website may contain advertising. By using this Website and the various services which we make available through this Website, you agree that:

  1. 14.1.1 we may place such advertising on this Website; and
  2. 14.1.2 such advertising may be targeted to the content of the information on this Website, information on user profiles or other information which we may hold about you.

14.2 The manner, mode, and extent of advertising on this Website is subject to change without notice.

14.3 The advertisers are responsible for ensuring that material submitted for inclusion on this Website complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in any advertising material.

15. USER CONDUCT AND CONTENT STANDARDS

15.1 These conduct and content standards apply to any and all images, drawings, video, audio, text, lists and other content you upload to, display on, or distribute or otherwise publish through, this Website (User Content) and your use of this Website.

15.2 You must not upload, post, email or otherwise transmit any User Content that:

  1. 15.2.1 is likely to deceive any person or be made in breach of any legal duty owed to a third-party or promote any illegal activity, or
  2. 15.2.2 be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that it emanates from us, if this is not the case, or
  3. 15.2.3 advocate, promote or assist any unlawful act such as, by way of example only, copyright infringement or computer misuse.

15.3 You shall be civil and show respect for other users. You shall not interfere with another’s enjoyment of this Website. You may not target another to cause distress, embarrassment, unwanted attention, other discomfort, or invade another’s privacy.

15.4 Using the internal communication tools of this Website to make personal attacks is not allowed. Under no circumstances may you attack a person based on the person’s race, national origin, ethnicity, religion, gender, sexual orientation, disability, age, or other identification.

15.5 We reserve the right, without obligation to gain your permission, to monitor, moderate, edit or remove any content that you upload to this Website and to vet or screen users of this Website. However, you acknowledge that you use this Website at your own risk, and you are responsible for the information you post on this Website.

15.6 We have the right to disclose your identity to any third-party claiming that material posted or uploaded by you to this Website is defamatory or constitutes a violation of their rights, including, without limitation, intellectual property rights, right to privacy, or is otherwise unlawful.

16. USER CONTENT LICENCE

16.1 By uploading any User Content to this Website, you grant us a perpetual, royalty free, worldwide, sub-licensable, non-exclusive, irrevocable ownership rights to use, reproduce, distribute, perform, display, or electronically transmit the User Content, whether in its original form or as adapted by us, on this Website and to our associated companies, advertising networks, distribution partners, affiliates, and third-party service providers.

16.2 You agree to waive any moral rights you have in User Content (including the right to be identified as the author) so that we may adapt the User Content freely and without restriction.

16.3 We may display advertisements relating to or in connection with your User Content and use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on websites and advertising networks, distribution partners, affiliates, and third-party service providers.

17. CONTENT STORAGE

17.1 We reserve the right to establish general practices and limitations regarding the storage of content on this Website, including the maximum number of days that videos, messages, in-mails, postings, or other content will be retained by us on the Platform, the maximum number of videos, messages or in-mails that may be sent by or received by an account and the maximum size of videos, messages, in-mails, postings, or other contents.

17.2 We shall not be held responsible or liable for the deletion or failure to store any videos, messages, communications or other content maintained or transmitted by you or under your Account or any other part of this Website.

18. COMPLAINTS

18.1 If you have any complaint about this Website or the conduct of another user of this Website, you should contact our Customer Services department at admin@winclass.com.au and we will investigate it and try to resolve it.

19. THESE TERMS

19.1 Any words following the terms including, include, in particular, for example, or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

19.2 The Terms and Conditions constitute the entire agreement between you and us for the use of this Website and the contents and services available through it.

19.3 If we do not exercise or enforce any legal right or remedy which may be available to us in relation to you or another user of this Website, this will not be taken to be a formal waiver of our rights.

19.4 You are individually bound by these Terms and Conditions even if you are using this Website on behalf of a company or other legal entity, regardless of whether that entity has any separate agreement with us.

19.5 If any provision of the Terms and Conditions is or becomes illegal, invalid, or unenforceable that shall not affect the legality, validity, or enforceability of any other provision of the Terms and Conditions.

19.6 The provisions of the Terms and Conditions are personal to you, and you shall not be entitled to assign or transfer any of your rights or obligations under the Terms and Conditions. We may assign our respective rights and obligations under the Terms and Conditions.

19.7 The Terms and Conditions are governed by the laws of Australia and the courts of NSW will have exclusive jurisdiction in relation to any and all disputes arising from them.

20. GENERAL
20.1 Assignment

20.1.1 You may not transfer any of your rights or obligations under these Terms and Conditions to any other person without our prior written consent, which we may give, or withhold, as we see fit. We may transfer or assign all or any of our rights and obligations under these Terms and Conditions and under the agreement with you relating to the provision of the Tuition to any other person without your consent.

20.2 Notices

20.2.1 All notices from you to us must be sent to us by post, delivered personally or by e-mail at the postal and e-mail addresses shown on the Confirmation (or such other addresses as we may from time to time notify you in writing). We may give any notice to you at the postal and e-mail address indicated for you in the Confirmation (or such other addresses as you may from time to time notify to us in writing for this purpose).

20.2.2 Any such notice by e-mail will be deemed to have been received (unless it has been returned as undelivered) at 9am on the next business day after the day on which it was sent. Any notice left personally at the relevant postal address referred to in this paragraph shall be deemed to have been received at the time it was left (if that time was before 5:30pm on a business day) or at 9am on the next following business day (if it was received after 5:30pm on any day).

20.2.3 Any such notice sent by pre-paid first-class post or recorded delivery to any such address shall be deemed to be received at 9am on the second business day after the day on which it was posted.

20.3 Data Protection

20.3.1 We will only use any personal information which you provide to us for the purposes of performing the Services or to inform you about similar services which we provide (unless you tell us that you do not want to receive this information).

20.4 Waivers etc

20.4.1 If we do not insist that you perform any of your obligations under these Terms and Conditions, or if we do not exercise any of our rights under these Terms and Conditions, that will not mean that we have waived our rights or that you do not have to comply with those obligations. If we do waive default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms and Conditions shall be effective unless we expressly say that it is a waiver, and we tell you so in writing.

20.5 Governing Law and Jurisdiction

20.5.1 These Terms and Conditions and the agreement between you and us for the provision of Tuition shall be governed by Australian law and you and we both agree to the exclusive jurisdiction of the courts of NSW in relation to these Terms and Conditions and such agreement.

1. These Terms apply to all users of this Website who are intending to make or have made applications to register as Clients on this Website. It also applies to Clients who have already registered on this Website.

2. In order to make an Online Class Booking, you must register as a Client and purchase one of the Class Packages from which the corresponding credit unit will be deducted when each Online Class is completed on our Platform. You will also be requested to confirm your acceptance of the Terms and Conditions of our Platform by clicking a tick-box acceptance.

3. When an online Booking via our Platform is Confirmed, the Tutor’s chosen time slot will be subject to an authorisation hold. This confirms your Online Class. If the booked Online Class is cancelled by the Tutor, the authorisation hold on the chosen time slot will be cancelled.

4. All payments must be made through the Website. You agree to inform us immediately if a Tutor requests payment for an Online Class or any other tutoring session in any other form (in whole or in part) other than through the Website.

5. You agree not to make any arrangements for tutoring services with any Tutor other than through this Website for 12 months’ following the later of (i) your registration on the Platform; and (ii) the latest Online Class booked and took place using this Website.

6. In the event that one of the scenarios found below occurs within 12 months of an ‘Introduction’ by WinClass, you as the Client agrees to pay WinClass an ‘Introduction Fee’ to continue working with the Tutor. The payable ‘Introduction Fee’ will be calculated as being equivalent to 20 hours’ worth of Online Classes via the Platform at the full rate charged or to be charged to you as the Client by the Tutor.

6.1 The Tutor provides educational services to you as the Client, any Student under your account, or any relative, other than through the WinClass platform; or

6.2 You as the Client introduces a Tutor to another Client or third party who receives educational services from that Tutor other than directly through WinClass. The payable ‘Introduction Fee’ will be calculated as being equivalent to 20 hours’ worth of Online Classes via the Platform at the full rate charged or to be charged to you as the Client by the Tutor.

7. While we do request that tutors who have a valid Work With Children Check certificate and degree qualification(s) prior to submitting their applications to register on this Website, we do not guarantee that a Tutor is suitably qualified to provide the services through this Website and we do not routinely verify the Tutor’s identity, his or her relevant experience, training and qualifications and any authorisation and clearances (including WWCC) which may be required by law or by any relevant professional body. However, all the Online Classes will be recorded and stored for a period of time for revision purposes and safety reasons.

8. If at any stage you have concerns about the competence, qualifications, suitability, or performance of any Tutor please notify us and we will investigate.

9. You as the Client shall indemnify us and keep us fully and effectively indemnified on demand against any actions, suits, claims, costs, demands, losses, damages, expenses, liabilities, and payments which may be brought against or suffered or incurred by us as a result of or in connection with, directly or indirectly, any content posted on the Website by the Client or any improper use of the Website.

10. You acknowledge and agree all the Online Classes will be recorded and the videos will be kept for a period of time to allow all tge participants in the class to review and check for revision purposes and safety reasons.

11. According to the ACADEMIC HONESTY POLICY, you acknowledge and agree that WinClass provides the Platform and service for the purpose of facilitating learning and not cheating. You agree not to inquire about hiring of or to hire the Tutor to complete assignments, write papers, take quizzes, or otherwise do work on your (or your child’s) or any Student’s behalf. You agree not to use WinClass service via the Platform for any purpose that violates the Academic Honesty Policy or other conduct policies of any school, university, academic institution, or workplace.

12. Please read the whole Terms and Conditions of WinClass carefully and thoroughly along with the Client Terms and the Tutor Terms before using this Website. If you do not agree with any part of the Terms and Conditions (not only Client Terms), you must stop using our Website immediately.

1. These Terms applies to all users of this Website who are intending to make or have made applications to register as Tutors on this Website. It also applies to Tutors who have already registered on this Website.

2. Your application to register as a Tutor should be accompanied by:

2.1 A copy of your valid photo ID such as first page of passport or drive licence; and

2.2 A biography which should be filled in at the Tutor registration page; and

2.3 A copy of your accredited Teaching Degree Qualification such as Bachelor of Education or Master of Teaching; and

2.4 A copy of any combined or double degree Qualification of your teaching areas if applicable; and

2.5 A copy of your valid WWCC (Working With Children Check). WWCC is an indispensable document for being a Tutor on our Platform. WWCC is a requirement for anyone who works or volunteers in child-related work in NSW. It involves a National Police Check (criminal history record check) and a review of reportable workplace misconduct. The check will be valid for 5 years, however, applicants are continuously monitored. The Tutor can apply online for the WWCC, each state maintains its own WWCC process. Please make sure to access to the correct state-based information before applying for your WWCC.

2.6 A copy of your Teacher Registration or Accreditation of any State or Association in Australia; and

2.7 Your Teacher Registration or Accreditation Number of any State of Association in Australia such as NESA; and

2.8 A biographic photo, which should be identical, clear quality and no retouching of any kind with plain white or light grey background contrasts with your face. Formal or professional dress will be highly recommended when you take Tutor’s Bio Photo; and

2.9 Your ABN. An Australian Business Number (ABN) is a unique 11- digit number that identifies your business to the government and community.

2.10 You may also be required to attend an interview online or at a location specified by us.

3. To register as a Tutor, and before a Client/Student can book an Online Class with you, you will be required to confirm your acceptance of the Terms and Conditions of our Platform by clicking a tick-box acceptance.

4. The Tutor will provide Online Classes with all due care and skill, in conformity with the Terms and Conditions, and in compliance with all applicable statutory and regulatory requirements and standards of best practice.

5. The Tutor shall take all appropriate steps to safeguard and protect the interests of the Client and (if a different person) the Student.

6. The Tutor warrants and represents to us that all written and oral statements and information provided when registering as a Tutor for the purposes of or in connection with the Online Class, including personal information and your qualifications, credentials, references, background, and suitability for providing the tutoring services were when provided and remain valid, true, complete, and accurate.

7. The Tutor agrees:

7.1 While registered on this Website not to provide any tuition or educational services to a Client/Student registered on this Website (apart from Online Classes booked through this Website) unless you agree to an ‘Introduction Fee’. The payable ‘Introduction Fee’ will be calculated as being equivalent to 20 hours’ worth of Online Classes via the Platform at the full rate charged or to be charged to the Client/Student by the Tutor; and

7.2 While registered on this Website not to provide any tuition or educational services (apart from Online Classes booked through this Website) to any sibling or other relative of a Client/Student or to any person introduced, directly or indirectly, to the Tutor by a Client/Student, or unless you agree to an ‘Introduction Fee’ as indicate in 7.1; and

7.3 During the period of 12 months after (the later of) the date upon which: (i) the Tutor is in contact with a Client/Student through this Website; and (ii) the Tutor has Online Classes booked with a Client/Student, not to provide any tuition or educational services to such Client/Student (apart from Online Classes booked through this Website) or to any sibling or other relative of such Client/Student or to any person introduced, directly or indirectly, to the Tutor by such Client/Student; and

7.4 In the event that one of the scenarios found below occurs within 12 months of an ‘Introduction’ by WinClass, the Tutor agrees to pay WinClass an ‘Introduction Fee’ to continue working with the Client/Student. The ‘Introduction Fee’ is as indicate in 7.1.

  1. 7.4.1 The Tutor provides educational services to a Client/Student or any sibling or other relative, other than through WinClass platform; or
  2. 7.4.2 The Tutor introduces a Client/Student to another Tutor or third party who provides educational services to that Client/Student other than directly through the WinClass platform.

8. The Tutor shall indemnify us and keep us fully and effectively indemnified on demand against any actions, suits, claims, costs, demands, losses, damages, expenses, liabilities and payments which may be brought against or suffered or incurred by us as a result of or in connection with, directly or indirectly, the provision of an Online Class by the Tutor, the Tutor’s use of this Website, any act or omission by the Tutor and any breach or non-performance of these Terms by the Tutor.

9. The Tutor shall duly and promptly pay all income tax and national insurance contributions in relation to all charges and sums payable to the Tutor through us and shall be responsible for completing and submitting all relevant assessments, returns and other information to us in relation to such charges and sums and to his taxation affairs generally. The Tutor shall indemnify us and keep us fully and effectively indemnified on demand against all income tax, national insurance contributions and related penalties and/or interest in respect of any charges paid or payable by us to the Tutor for Online Classes or otherwise for or in connection with the Tutor’s use of this Website, and any reasonable costs incurred by us in recovering any such sums.

10. The Tutor knowledges and agrees that Tutor is required to complete all tax registration obligations as a provider of Services in Australia and to calculate and remit all tax liabilities relating to the provision of Services as required by applicable laws.

11. The Tutor acknowledges and agrees that the Tutor is required to provide us with all relevant tax information including a valid Australian Business Number (ABN) and/or any Goods and Services Tax (GST) registration under which you provide or intend to provide Services. The Tutor acknowledges and agrees that the Tutor is solely responsible for taxes payable in connection with the provision of Services including without limitation any income tax and GST. Please note, our fixed Online Class prices are inclusive of GST. If the ABN is not GST registered, the class fees will have GST deducted.

12. The Tutor acknowledges and agrees we will pay the Online Class fee to your nominated account on the 1 st day of every month, or within the next 2 business days if the 1 st day of the month falls at the weekend or a public holiday.

13. The Tutor acknowledges and agrees the Online Classes have been set at fixed prices according to school year groups. The payment we pay for the completed Online Classes to the Tutor includes GST unless stated otherwise in any other Agreement.

14. The Tutor knowledges and agrees that Tutor is required to provide the first Online Class free of charge as trial lesson on WinClass Platform. Payment will be calculated from the second Online Class that the Tutor conducts.

15. The Tutor acknowledges and agrees the prices of all WinClass Online Class have been set as AUD 50.00/class for K to Year 6 group, AUD 50.00/class for Year 7 to Year 10 group and AUD 60.00/class for Year 11 to Year 12 group. All prices include GST. We may change any of the rates from time to time to reflect legitimate cost increases or reductions in operating this Website or providing any services. We will give the Tutors 30 days’ notice of any change in the rates. Any such changes will only affect the Online Classes after the date on which the change is stated to take effect.

16. Registration on the Platform as a Tutor is free. The Tutor acknowledges and agrees that we will charge a minimum about $4.50 Ex GST for each Online Class to maintain the cost of managing, operating, and marketing our Website and Platform. The Fee is variously charged according to different Packages and is calculated in the Packages that the Client/Student purchased. The Tutor does not need to pay us separately. The Tutor’s fixed Online Class price is how much the Tutor will get paid from us (incl GST).

17.The Tutor acknowledges and agrees all the Online Class will be recorded and the videos will be kept for a period of time to allow all participants in the classes to review and check for revision purposes as well as safety reasons.

18.  The Tutor acknowledges and agrees that if a Tutor engages the services of an accountancy firm introduced by us to the Tutor, we may receive a commission from such accountancy firm for the introduction, but we will not be responsible for any advice or services provided by such accountancy firm.

19. According to the ACADEMIC HONESTY POLICY, the Tutor acknowledges and agrees that WinClass provides the Platform and services for the purpose of facilitating learning and not cheating. You agree not to complete assignments, write papers, take quizzes, or otherwise do work on Client’s (or his/her child) or any Student behalf. You agree not to use WinClass’ services via the Platform for any purpose that violates the Academic Honesty Policy or other conduct policies of any school, university, academic institution, or workplace.

20. Please read the whole Terms and Conditions of WinClass carefully and thoroughly along with the Client Terms and the Tutor Terms before using this Website. If you do not agree with any part of the Terms and Conditions (not only Tutor Terms), you must stop using our Website immediately.

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