Definition of terms

For purposes of this Agreement, the terms “Tuty,” “we,” “us,” and “our” refer to Tuty. “You” refers to you, as a visitor or user or the Site or the Services. All users who register with Tuty are “Registered Users”. Visitors who access and browse the Site without registering are “Site Visitors”.

We collect both “Personal Information” and “Non Personal Information” about our users. In this policy, Personal Information is information that can be used to contact or identify you, such as your full name and email address, and information that is linked to such information. “Non Personal Information” is information that cannot be used to contact or identify you and is not linked to information that can be used to contact or identify you and includes passively collected information about your activities on our Site, such as usage data, to the extent that information is not linked to your Personal Information.

For purposes of these Terms, the “Site” shall mean www.tutorsplus.com.au any other Tuty branded websites, web pages, mobile applications and mobile websites operated by Tuty Pty Ltd. (“Tuty” or “we”) in Australia, and the “Services” shall mean any of the various services that Tuty provides through the Site or any other channels, including over the telephone, in-person or via electronic communication.

The following rules pertain to “Content”, defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through Tuty’s Services, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, “post”).

About Our Services

Tuty offers various Services to help its users find, locate and coordinate quality tutors and student/pupils. The Services we offer include, among others:

We enable student/pupils seeking tutoring services (such as help with homework, exams, university-level courses, driving lessons, personal training) to identify and connect with clever tutors and experts seeking to be hired for tutoring sessions, and we enable tutors and experts who provide educational services to post profiles on the Site and pick up tutoring sessions based on subject matter and flexibility of schedule.

We provide search functionality on the Site to allow student/pupils to narrow the pool of tutors they are interested in meeting with based on their needs and preferences, and we provide a communications and logistics management platform that allows student/pupils/pupils and tutors to communicate, plan and schedule a tutoring session. We offer a service that facilitates the payment by student/pupils to tutors via credit card and PayPal.

We provide tools and information to help student/pupils and tutors make more informed decisions, including, but not limited to, obtaining background information on individual tutors who consent to the running and sharing of those reports.

Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.

Terms of service

Tuty may provide tutoring, expert lessons, test/exam preparation, homework assistance, academic advice, and consulting services to student/pupils/pupils with respect to matters related to academic tutoring, test preparation, and/or any other type of educational consulting services. Tuty will provide the specific services purchased by student/pupil (collectively, the “Services”).

Tutors and student/pupils shall have discretion in selecting the dates and times for performing the Services giving due regard to the student/pupil’s needs. If a student/pupil requires more Services at any time, neither Tuty nor any tutor is obligated to undertake such work.

Payment is due prior to the commencement of any tutoring session as agreed upon by Tuty and the student/pupil upon signing up for Services.

Fees (processing fee) that Tuty charges to make payments are incorporated into the total cost of hiring a tutor. 

All communications between Tuty and student/pupil are strictly confidential. Any advice given to student/pupil by a tutor is solely the opinion of the tutor and in no way reflects any opinion, stance or position of Tuty.

Tuty’s provision of the Services to/for the student/pupil is limited to the exact Services purchased. Tuty shall owe student/pupil no duty of ongoing Services in this or other matters. Tuty’s duties to student/pupil under these terms will end when the tutoring session has ended, any retainer time has been us ed up and/or Services completed according to an agreed duration and/or frequency.

Either Tuty or the student/pupil can terminate the provision of Services at any time for any reason by giving written or verbal notice to the (other party/Tutor). Upon termination, student/pupil agrees and acknowledges that no portion of any fee that student/pupil has paid to Tuty shall be refunded, unless otherwise agreed to by Tuty. See the Cancellation policy for further information.

Cancellation Policy

Cancellation of a tutoring session must be made within a reasonable timeframe, as it currently stands lessons cancelled by the student within 24 hours of the scheduled lesson will not be refunded and the student charged in full for the tutoring session.

If a tutor cancels on a student within 24 hours of the scheduled lesson the student will be refunded in full for the tutoring session.

Acceptable reasons for cancellation

The student will not be charged for the lesson if the lesson is cancelled solely due to:

  • the tutor cancelling the lesson for any reason, or failing to be at the agreed place at the agreed time for any reason;
  • the student being sick (as certified by a medical practitioner);
  • the student having an appointment which is:
  • important and urgent, and
  • unable to be rescheduled;
  • the student and the tutor agreeing to cancel the lesson without charge;
  • the student’s requirement to appear in court for any reason;
  • the student cancelling the lesson with sufficient notice;
  • any other unforeseeable event which should reasonably take precedence over the student’s attendance at the lesson.

Unacceptable reasons for cancellation

The student will be charged for the lesson if the lesson is cancelled due to:

  • the student’s lateness, including but not limited to lateness due to transport delays;
  • a reasonably foreseeable or regular event which would otherwise satisfy any of the acceptable reasons for cancellation above, with the exception of a court appearance;
  • any event which is unable to be rescheduled due to a lack of planning by the student;
  • other work or study commitments;
  • any unexplained failure to be at the agreed place at the agreed time.

Furthermore, the student will be charged for the lesson if:

  • the student fails to give sufficient notice of the cancellation of the lesson, unless the lesson is cancelled for an acceptable reason as defined in this document; or
  • the student’s failure to give immediate notice of the cancellation causes significant inconvenience to the tutor.

Variation of lessons

If the time, place or duration of a lesson is varied by mutual agreement without significant inconvenience to either the student or tutor, the lesson shall not be taken to have been cancelled.

Replacement lessons

The student will be charged for any lesson arranged in the stead of a cancelled lesson, unless the cancelled lesson was cancelled by the tutor and the cancellation caused significant inconvenience to the student.

Waiver of fees

The tutor or Tuty, acting as the Agent of the tutor, may choose not to charge the student for a cancelled lesson, even if the student would otherwise be charged under the terms of this policy.

Refund Policy

Student/pupil agrees that he/she will cooperate with Tuty in its delivery of the Services. Student/pupil further agrees to immediately notify Tuty if there is any issue with a tutor or if anything occurs that could impact the delivery of the Services within 24 hours. If the complaint is made 24 hours after the lesson in question occurred, the payment to the Tutor will have already processed and Tuty will not be liable for issuing refunds.

Love it or it's free Guarantee Policy

A student can claim a full refund for the first lesson he or she had with a Tutor from Tuty if the lesson wasn't completely satisfactory. Student's are required to contact us and explain the criteria on why you weren't satisfied with your tutor and we will process the claim accordingly. If we agree with the reasoning and find the Tutor to have performed below reasonably expected, the tutor will not be paid for the lesson. The payment made for the lesson by the student to the tutor will be used to refund him or her. 

 

As a student/pupil you accept the following: I acknowledge there is no guarantee, implied or otherwise, that the Services provided by Tuty will improve my chances for academic success, admission to university, personal fitness goals, or driving skills, nor will they improve my weighted average mark, increase my academic ranking, raise any test score (standardized or otherwise), or improve my personal or academic record in any way.

Further Agreements: By purchasing Tuty’s Services, student/pupil agrees to the following:

Student/pupil releases Tuty, and discharges Tuty from all claims, demands, or actions by student/pupil, on the basis of the discussions and interpretations of Tuty. Consideration for this release and disclaimer of liability on behalf of Tuty shall be the Services rendered by Tuty. 
 

Each tutoring session requires full payment. Fees paid to Tuty are non-refundable. No partial refunds will be issued. 

Tuty reserves the right to terminate a relationship with a student/pupil for any reason and at the sole discretion of Tuty. If a refund is issued, this amount will be determined at the sole discretion of Tuty at the time of termination.

Parents of the student/pupil may participate in tutoring sessions with the express permission of the student/pupil and tutor.

By purchasing Tuty Services, I agree with the aforementioned under any applicable law or regulation.

Terms of Use

These Terms of Use (the “Terms” or “Agreement”) set forth the terms and conditions under which individuals residing in the Australia may use the Tuty Site and/or the Tuty Services (described below). Please read these Terms and any applicable Additional Terms before using the Site or the Services.

By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety whether or not you register as a user of the Site or Services (“Registered Users”).

These Terms include the Tuty Privacy Policy, which is incorporated herein. If you object to anything in these Terms, the Privacy Policy or any applicable Additional Terms, do not use the Site or the Services.

These Terms, including the Privacy Policy, are subject to change by Tuty at any time. We will notify you about significant changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Significant changes will go into effect no less than 30 days after we notify you. Additional Terms are also subject to change by Tuty at any time and take effect immediately upon publishing. Any use of the Site or the Services by you after the effective date of any changes will constitute your acceptance of such changes.

By transmitting and submitting any Content while using our Service, you agree, represent and warrant the terms of use.

Eligibility to Use the Site and Services; Representations and Warranties

To be eligible to use our Services, you must meet the following criteria:

If you are registering to be a tutor, you must be permitted to legally work within Australia.

Neither you nor any member of your household may have ever been (i) the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, or (ii) registered, or currently required to register, as a sex offender with any government entity.

You must not be a competitor of Tuty or using our Services for reasons that are in competition with Tuty.

Representations and Warranties

By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof.

In addition, you represent and warrant that you and each member of your household (i) have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, and (ii) are not nor have ever been registered, and are not currently required to register, as a sex offender with any government entity.

Description of Services; Limitations; User Responsibilities

Limitations of our Services

We offer a variety of Services to help our users find, locate and coordinate quality-tutoring services. However, we do not employ any tutors.

Further, we do not have control over the quality, timing, or legality of the services actually delivered by tutors, nor of the integrity, responsibility or actions of student/pupils. We do not refer or recommend either students/pupils or tutors nor do we make any representations about the suitability, reliability, timeliness, and accuracy of the services provided by tutors or the integrity, responsibility or actions of student/pupils/pupils whether in public, private, online or offline interactions.

Any student/pupil or tutor content is primarily user generated, and we do not guarantee user generated content to be accurate as a general matter. Tuty does not assume any responsibility for the accuracy or reliability of any information provided by student/pupils/pupils or tutors on or off this Site. We may offer certain Registered Users the opportunity to verify certain information such as their email address or phone number. If we indicate that a Registered User has verified certain information, it means that the user has complied with the process we have established for verifying such information. However, we do not guarantee, nor do we represent or warrant as to, the accuracy of such information.

Tuty is not responsible for the conduct, whether online or offline, of any student/pupil or tutor or other user of the Site or Services.

Moreover, Tuty does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All users, including both students, pupils and tutors, hereby expressly agree not to hold Tuty (or Tuty’s officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, hereinafter “Affiliates”) liable for the actions or inactions of any student/pupil, tutor or other third party or for any information, instruction, advice or services which originated through the Site, and, to the maximum extent permissible under applicable law, Tuty and its Affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

User Responsibilities

Any screening of a student/pupil or tutor and his, her or its information by Tuty is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s suitability as an educator. Registered Users are solely responsible for verifying information provided by, and selecting an appropriate student/pupil or tutor for themselves.

Rules for User Conduct and Use of Services

Teen Providers, Parent Registered Users, and Parent Monitored Accounts

If you are under eighteen (18) years of age and would like to participate in Tuty as a tutor (a “Teen Participant”), you may register to use the Site and Services but only if your parent or legal guardian consents to your registration.

If you are a student/pupil or a parent of a student/pupil, you may use your account only to find tutoring services for yourself, your children or individuals for whom you are otherwise the legal guardian. If you are a tutor, you may use your account only to find tutoring sessions for yourself. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.

By registering as a Parent Registered User, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety on behalf of yourself and your Teen Participant whether or not you use the Site or Services, including without limitation Tuty’s right to run the verification and background checks. You further understand and agree that you will ensure your Teen Participant’s compliance with these Terms and that you are responsible for any noncompliance by your Teen Participant.

Parents, if you are a Parent, Registered User, you also agree that you are responsible for monitoring the account of your Teen Participant as well as your Teen Participant’s activities both on and off of the Site, including monitoring who your Teen Participant communicates with and meets both on and off the Site and with or from whom he or she agrees to provide or receive tutoring services.

Prohibited Uses

By using the Site or Services of Tuty, you agree that you will not under any circumstances:

use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;

use the Site or Services for any unlawful purpose, for any purpose not expressly intended by Tuty or for the promotion of illegal activities;

attempt to, or harass, abuse or harm another person or group;

use another user’s Tuty account;

provide false or inaccurate information when registering an account on Tuty, using the Services or communicating with other Registered Users;

attempt to re-register with Tuty if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account;

interfere or attempt to interfere with the proper functioning of Tuty’s Services;

make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;

bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;

use the communication systems provided by or contacts made on Tuty for any commercial solicitation purposes;

publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

We protect our users In order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the number of phone numbers a student/pupil may view or the number of emails a user may send in any 24-hour period to a number which we deem appropriate in our sole discretion.

Should Tuty find that you violated the terms of this Section or any terms stated herein, Tuty reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. By using the Site and/or Services, you agree that Tuty will take legal action, which could incur heavy penalties for obtaining, either in a manual or automatic manner, student/pupil or tutor information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise mis-using or mis-appropriating Site content, including but not limited to, use on a “mirrored”, competitive, or third party site.

Further, in order to protect the integrity of the Site and the Services, Tuty reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.

Identification and Verification Checks

Tutors Will Be Subject to Verification Checks and Can Authorize the Sharing of Them with Other Users

Tuty, through a third party service provider, performs identification checks on all prospective tutors.

Tuty will not share the results of a Background Check with any other site visitor or Registered User without the tutor’s specific consent.

By using the Site or Services as a tutor, you acknowledge and agree Tuty may review and use any Background Checks ordered or authorized for the legitimate business purpose of protecting the safety and integrity of our Site and its users and reserves the right to terminate your membership and/or usership based on the information contained in such report, even if such information was subsequently dismissed.

Tuty may order these checks when you register or apply with Tuty and thereafter in connection with your continued use of our Services and/or interaction with our Site (such as by contacting or communicating with other members, posting or updating a profile, etc.).

If Tuty terminates your usership or access to the Site on the basis of information in a Background Check, we will notify you and provide you the name and contact information of the consumer-reporting agency that created the report. We will also provide you a copy of the report unless the consumer-reporting agency has already provided you a copy or access to it.

You hereby represent, understand and expressly agree that Tuty does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these Background Checks. Furthermore, any inaccuracies in the report must be addressed with the consumer-reporting agency that issued it and not Tuty.

Tuty May Regularly Verify Your Identity and the Accuracy of Your Representations and Warranties

By registering as a tutor, you authorize Tuty, and acknowledge that for purposes of promoting the safety and integrity of its Site and Service, Tuty reserves the right, but not the obligation, to utilize third party service providers to verify on an ongoing basis that your registration data is accurate. These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data.

You agree that Tuty may take such action in response to Verification Checks, as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your membership, should it determine that you have violated any representation or warranty or any other provision of these Terms or are otherwise unsuitable for Tuty.

You also hereby represent, understand and expressly agree that Tuty does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. We do not typically communicate the results of a Verification Check to any third party, though we reserve the right to do so for law enforcement or other safety-related purposes.

BY AGREEING TO THESE TERMS, YOU AGREE TO ALLOW TUTY TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE TUTY. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE VERIFICATION CHECKS TO BE PERFORMED.

Release of Liability for Results of Background Checks, Internal Background Checks, and Verification Checks

If you decide to use or access information included in a Background Check, you hereby represent, understand and expressly agree that those checks are not always accurate or complete (or based on information that is accurate or complete) and that the specific records searched, and the comprehensiveness of the search, varies by the type of Background Check. For example, many jurisdictions only include felony conviction records (and not, for example, misdemeanor or arrest records) in the national criminal data base, which is the only data source utilized for preliminary background checks other than the sexual offender registry. Moreover, some states include only registered sex offenders in that database.

If you decide to access, use, or share information provided by a Background Check, you agree to do so in accordance with applicable law. You also agree to indemnify and hold harmless Tuty from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. Tuty does not assume and expressly disclaims, and you hereby agree to release Tuty from, any loss, liability, damage, or costs that may result from the use of information provided in a background report including, without limitation, the inaccuracy or incompleteness of any such information.

You expressly acknowledge that Tuty has no obligation to perform Background Checks, Internal Background Checks, or Verification Checks on any Registered Users. To the extent Tuty performs such checks on certain Registered Users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Services.

Termination of Registration

Should Tuty determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a Registered User, or have mis-used or mis-appropriated Site content, including but not limited to use on a “mirrored”, competitive, or third party site, Tuty reserves the right, at its sole discretion, to immediately terminate your access to all or part of the Site, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in Tuty, with or without notice.

In any event, Tuty also reserves the right, in its sole discretion, to terminate your access to all or part of the Site, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in Tuty, for any reason or no reason, with or without notice. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.

Following any termination of any individual’s use of the Site or the Services, Tuty reserves the right to send a notice thereof to other Registered Users with whom we believe the individual has corresponded.

Our decision to terminate an individual’s registration and/or to notify other Registered Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual’s character, general reputation, personal characteristics, or mode of living.

Privacy

Tuty will only use the information you provide on the Site or via other channels in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein.

Links To External Sites

Links from the Site to external sites (including external sites that are framed by Tuty) or inclusion of advertisements do not constitute an endorsement by Tuty of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users’ reference and convenience.

Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. Tuty does not control such sites, and is not responsible for their content. Just because Tuty may have hyperlinks to such sites does not mean that Tuty endorses any of the material on such sites, or has any association with their operators.

Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by Tuty’s Terms of Use and Privacy Policy. Tuty expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold Tuty harmless from any liability that may result from the use of links that may appear on the Site.

Payment

Paying for your Tuty tutoring sessions is done entirely through the website, and is completely cash-free! When you log in to the site, you will be asked to input your payment information.

Once a tutoring session is complete, our payment gateway will automatically process the payment.

Billing and Payment

Tuty reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

To the extent you elect to purchase other Services or product offerings we may offer for a fee, you authorize Tuty to charge your chosen payment provider for the Services and/or products you purchase. You agree that if Tuty already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services/products you purchase.

Refund Policy

Except as set forth above, all payments for services/products are non-refundable and there are no refunds or credits for unused or partially used services/products or service/product cancellations within 24 hours of the scheduled lesson. We will refund the most recent charge to your credit card if the tutor does not administer the service. The refund will apply to the most recent charge only. Tuty does not provide refunds or credits under any other circumstances, unless it determines in its sole discretion that a refund or credit is warranted due to extenuating circumstances, such as a duplicate account.

Release of Liability for Conduct and Disputes

We are not an employer of tutors. Student/pupils and parents of student/pupils may seek the services of a tutor through the use of the Site or Services, and tutors may post profiles regarding their credentials and services. Tuty will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site or our Services, you do hereby represent, understand, and expressly agree to hold Tuty harmless for any claim or controversy that may arise from any disputes between you and any student/pupil, tutor or other user(s) of the Site. You agree to take reasonable precautions in all interactions with other users of the Site or the Services. By using the Site or the Services, you do hereby agree to report any alleged improprieties of any users therein to Tuty immediately by notifying Tuty of the same via electronic correspondence.

Disclaimers; Limitations; Waivers; Indemnification

No Warranty

The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is”, “as available”. Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Tuty, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TUTY DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN TUTY; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, TUTY EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS, WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.

IN ADDITION AND WITHOUT LIMITING THE FOREGOING, TUTY MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS A TUTOR.

Assumption of Risk

You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with users of the Site or the Services. You agree to take all necessary precautions when interacting with other site visitors or Registered Users.

Limitation of Liability

Incidental Damages and Aggregate Liability. In no event will Tuty be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Tuty, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

No Liability for non-Tuty Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TUTY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

 

Transacting Offline

Tuty will not be responsible or liable for transactions and interactions made between users of Tuty who make arrangements with their Tutors outside of the Tuty booking system. Including, but not limited to, non-payment, antisocial behaviour/violence, injuries and/or damages that arise from interactions and transactions outside of the Tuty website.

Two-Strike Policy

Tutors who engage in 'Transacting Offline' as stated above, will be removed from our database and unable to sign-up again and tutor with Tuty. In the first instance, a warning will be issued to the offending tutor, the second time the tutor will be blacklisted. 
 

In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Tuty makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

Indemnification

By agreeing to these Terms, users of the Site and Services agree to indemnify, defend and hold harmless Tuty and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys’ fees and costs incurred by Tuty and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, or (ii) use of the Site or Services by you in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of such claims. Tuty and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of Tuty. Users further agree to hold harmless Tuty and its Affiliates from any claim arising from a third party’s use of information or materials of any kind that users post to the Site.

Copyright Notices/Complaints

If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

Your name, address, telephone number and (if available) e-mail address.

A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

A signature or the electronic equivalent from the copyright holder or authorized representative.

In an effort to protect the rights of copyright owners, Tuty maintains a policy for the termination, in appropriate circumstances, of Members and other users of this Site who are repeat infringers.

Technical Issues

Every effort is made to keep the website up and running smoothly. However, Tuty takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.