Terms and Conditions
Read the following terms and conditions carefully before accessing or using our website and its services. The following terms and conditions set forth the business relationship between the Clients and Mathsathome.com whenever the Client uses the website https://www.mathsathome.com (Our Website). By using Our Website in any way, or by purchasing our Services, you agree to be bound by these terms and conditions. The use of our Services indicates agreement by the Client to be bound by the following terms and conditions.
IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED HERE, DO NOT USE THE WEBSITE OR ITS SERVICES.
No person below 18 years of age may use our Tutoring Services or provide personal information to us. Persons under age 18 may only use our Tutoring Services with the involvement and consent of a Parent or Legal Guardian.
The Guardian will be contracting in this agreement for Tutoring Services on behalf of the Minor receiving the Tutoring Services. The term “Client” will collectively refer to the Minor and Guardian but it is understood that all references to Client shall be taken to refer to the Guardians’ contractual representation of the Minor.
The Client’s use of our services is subject to legally binding terms and conditions as specified below.
The following terms and conditions form a legally binding agreement between Client and Mathsathome.com. Mathsathome.com reserves the right to alter these terms and conditions at any time. We may alter these terms and conditions at any time without providing advance notice. Following any changes, the continued use of our Services indicate that the client has accepted the changed terms and conditions.
By paying for and using the Service provided by Mathsathome.com, you agree to these terms and conditions. Mathsathome.com reserve the right to terminate the Client’s service upon breach of these terms and conditions.
The Client accepts that information or advice obtained through the Service, or Our Website is general information, it is not in the nature of advice and it is not guaranteed to be free from error. Independent enquiries should be made separate to relying on anything said or done during the provision of the Service.
This terms and conditions document has been prepared to contain general information and it is not intended that the Information be relied on by recipients. Mathsathome.com does not provide any guarantee as to the accuracy, reliability or completeness of the Information and accepts no responsibility for updating or correcting any part of the Information. Mathsathome.com disclaim any warranty that any information, advice and material obtained through providing the Service will be accurate, complete, reliable, current, useful or error-free.
Mathsathome.com does not represent or warrant that using the Our Service will lead to any given study outcome or academic result and disclaim any warranty that the Service can be relied upon.
Mathsathome.com or its employees do not accept any liability (arising from contract, tort, negligence or otherwise) for any error, omission or misrepresentation in relation to the Information or for any loss, damage, cost or expense (whether direct, indirect, consequential or otherwise) incurred by any person whatsoever arising out of or referable to the Information on this document.
To any legal extent, the Service is provided on an “as is” and “as available” basis, without warranties of any kind other than those prescribed under the Australian Consumer Law or other applicable law.
Mathsathome.com cannot guarantee that the Website, and Client access to the Service will always be available. Mathsathome.com does not guarantee that any online Tutoring Service or other planned activity will always be available to be performed as scheduled.
Mathsathome.com does not accept or provide any responsibility or liability for a Student’s devices nor any other costs associated with their use of the Service, nor for the safety or security of any personal belongings used by the Student.
This Service or Our Website is not intended to substitute for any other regular class attendance or any Student’s own study notes. The Service is intended to support a Student’s own study notes and directions from their regular class teachers, not as a substitute for these. The Client is responsible for maintaining their own regular classroom attendance, effective study habits and following their regular syllabus.
Where legislation (including the Australian Consumer Law) implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, this will be deemed included but our liability and the remedies available to you will be limited to the extent permissible at law.
To the extent permissible at law, in no circumstance will Mathsathome.com be liable to you for any indirect, incidental, special and/or consequential loss or damage (including loss of profits, revenue, production, goodwill, data or opportunity including educational opportunity) of any nature arising through or as a result of your use of the Service or material obtained through it.
Mathsathome.com is the sole owner of all information collected on Our Website and its forms. You acknowledge and consent that any Information provided to Mathsathome.com in connection with the use of the Service may be used by Mathsathome.com for its own purposes, including but not limited to marketing purposes, planning, product development and research purposes. Your personal information will be kept absolutely confidential by Mathsathome.com and will not be given to any other party except as agreed by you in the course of business terms and conditions, or if formally requested by law enforcement agencies.
If you disclose to Mathsathome.com or particular information is obtained about you that Mathsathome.com believes could be harmful to yourself or to others, we may disclose this information to the relevant authorities, including your parents, your school, a health care professional or anyone else we deem necessary that will assist Mathsathome.com with dealing with the situation.
3. Copyright, Trademarks & Intellectual Property
Copyright in all information and other materials used in any of Our Services are owned by Mathsathome.com. All rights are reserved. The brand “Mathsathome.com” including any logo version of that trademark, belong to Mathsathome.com and may not be used by anyone without Mathsathome.com’s prior written consent.
Any resources received by the Client through use of the Tutoring Service should not be shared with other Clients who have not paid for a Service with Mathsathome.com. Instead, they should be kept to the benefit of the Client.
Except as permitted under applicable laws, no part of Our Services may be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purpose without the express written consent of Mathsathome.com. You may imprint, copy, download or temporarily store extracts from their services for your personal information or when you use Mathsathome.com Services. You must not alter or change any Mathsathome.com resource. You may not use any part of this website on any other website without the express written consent of Mathsathome.com.
4. Services & Information
By agreeing to accept the Tutoring Services provided by Mathsathome.com, the Client understands that each tutor is a qualified teacher who will aim to help the Client achieve to the best of their ability.
Mathsathome provide a Tutoring Service in mathematics. We do not offer any such Service in any other subject outside of Mathematics. The Client understands that Mathsathome.com reserve the right to refuse Service to Tutor the Client in any subject outside of Mathematics. By purchasing Mathematics Tuition Services, the Client understands that they will receive a Service that provides general information within the domain of typical mathematics tuition.
Mathsathome.com voluntarily follow the Code of Conduct as set out by the Australian Tutoring Association that obliges us to the best of our ability, provide the best educational outcomes for students, enhance our student’s self-esteem and confidence and to improve students outcomes. Our service is delivered throughout the year, including during state sanctioned school holidays. We reserve the right to withhold any dates from our tutoring service at our discretion.
Upon payment for the Service and in other times during the course of providing the Service, we may collect information, including the Client’s names, address, dates of birth, email addresses, phone numbers and other relevant details. You declare that the information provided to us for the purposes of enrolment and seeking and continuing enrolment will be complete and accurate.
The applicable Fees are indicated clearly and updated occasionally on Our Website. The fees will be set at a rate agreed in advance between Mathsathome.com and the Client based on the price list provided by Mathsathome.com.
Fees are charged and payable in American dollars (USD), Fees are exclusive of and do not include any Goods and Services Tax (“GST”) that may be payable in relation to the provision of the Service unless otherwise stated and in the event that GST is payable you must pay to us an additional amount equal to the amount of any GST payable by the supplier of the Services.
The billing process will be under the control of Mathsathome.com. The Client will pay for each session in full at the time of booking through PayPal, credit card or debit card.
We reserve the right to obtain payment before granting use of the Service.
7. Cancellation Policy
The Client may always cancel a one on one individual Service more than twenty-four (24) hours in advance of the designated start time. This is done by emailing Mathsathome.com or using the contact form and letting us know in writing. Cancellations made more than twenty-four hours in advance will incur no penalty, and will result in a rescheduled lesson at the next convenient time. Cancellations made less than twenty-four hours in advance of the designated start time will be considered “late cancellations” and will be charged as normal.
In the event of a late cancellation, Mathsathome.com will not offer a refund. If Mathsathome.com needs to cancel a session, either the class will be rescheduled or a full refund for that session will be issued to the Client.
8. Student Conduct & Behaviour
When using the Service, Clients must not:
- Do anything causes disruption or damage to others or the Mathsathome.com Services. This includes refusing requests that mobile phones and other similar devices be turned off or kept on silent mode during classes;
- Say or represent anything that is defamatory of another student or any other person or do or say anything that is racist, homophobic, misogynistic, abusive, hateful, threatening, hostile, intimidating, bullying, harassing or constitutes an invasion of privacy;
- Make their own recordings on any device of any online tutoring session held by Mathsathome.com;
- Incite hatred or discrimination against any person or group of persons;
- Engage in conduct that is misleading, false, deceptive, insulting, derogatory or
- Infringe any third party’s intellectual property rights (including copyright) or breach confidentiality;
- Do or say anything that is vulgar, obscene or profane, is inflammatory or contains expletives;
- Do anything that involves use of a photograph or other likeness, or personal or private information of another person without their consent;
- Do or say anything that involves impersonating another person (especially but not only teaching staff or our staff) or misrepresents your relationship with any person;
- Bring or permit third parties who are not enrolled into our Services for the purpose of using the Service; or
- Promote or encourage unlawful conduct or activities.
If Mathsathome.com becomes aware of any Student conduct that breaches the terms of this Agreement, we may terminate this Agreement, and/or terminate or suspend the Student’s Enrolment or other access to classes and Services. In addition, we may also seek any other remedies available at law. We may also disclose a Student’s identity (and if appropriate your identity as the Student’s parent or guardian) and related information in the event that we receive a complaint (for example, from another Student or their parent/guardian), if legal action is threatened or commenced against us and/ or in respect of the Student’s conduct and activity. Mathsathome.com and its Tutors have the right to remove any Client or Student from our Services for inappropriate behaviour.
This Agreement may be terminated by us on written notice to you if there is a breach of this Agreement and we have provided you with 7 days’ written notice to remedy that breach and you have not remedied the breach, or immediately if the breach is incapable of remedy. No refunds are available in the event of termination for your/ Student breach.
9. Late Arrival & No-Show Policy
If the Client enters the session late but within fifteen (15) minutes of the designated start time, the session will be held for the remainder of the allocated time. A Client is considered “absent” if they fail to enter the session within fifteen (15) minutes of the designated start time. If the Client is over fifteen (15) minutes late, the session will be cancelled. There will be no rescheduling of the Service or discount provided for any late arrival.
10. Special Offers & Rewards
Occasionally, Mathsathome.com may provide special promotional offers or coupons. Any such offer will be subject to its own terms and conditions, but you will also agree to be bound by the terms and conditions of this Agreement.
Mathsathome.com reserve the right to offer coupon vouchers that may offer some Clients a discount. These coupon vouchers may be issued for a number of reasons. Mathsathome.com is not obliged to offer discounts to any Client and the Client understands that they may only use a coupon voucher if they have been expressly given this by Mathsathome.com. The Client understands that they may not share a coupon voucher to a third party without express written consent from Mathsathome.com.
11. Limitation of Liability & Indemnity
In no event will Mathsathome.com be liable for any direct or indirect damages arising out of access to or use of our Website or Tutoring Services. By using this Service, the Client agrees to indemnify Mathsathome.com from and against any and all liabilities, expenses (including legal fees) and damages arising out of or related to the carrying out of the tutoring by a Tutor introduced by Mathsathome.com.
You agree to fully indemnify and hold Mathsathome.com (and our employees) harmless against any expenses, costs, loss or damage (including consequential loss) that Mathsathome.com may suffer or incur as a result of or in connection with your or the Student’s use of the Service and any breach by you or the Student of this Agreement.
12. Refund Policy
Mathsathome.com reserves the right to refuse a refund for any paid Service. In the case where the Service is partially completed due to a technological issue with the Tutor’s equipment, the balance may be refunded in a case-by-case manner. However the Client understands that it is their own responsibility to ensure that they have the correct equipment in place prior to entering any Service such that they can receive the Service. Mathsathome.com reserve the right to refuse a refund if the Client is at fault for not attending a Tutoring Service or is unable to attend the entire timeslot allocated to them. The fixed fee for any completed tutoring sessions will be charged at full price with no discount.
Except as set out under this Agreement or where required at law, including under the Australian Consumer Law, all Fees are non-refundable. Without limitation, this includes where attendance as a result of the use of the Service is prevented by circumstances such as Student illness or any other factor affecting the Student’s attendance or use of the Service, whether foreseen or unforeseen.
13. Authority to Enter Agreement
You warrant that you have full authority and entitlement to enter into this Agreement as either a Student (of 18 years or over) or the legal parent or guardian of a Student to whom the classes and Services will be provided.
You personally guarantee the performance of all of the obligations of the Student under this Agreement. You agree and acknowledge that in the event that Mathsathome.com suffers loss or damage as a result of a Student being a minor we reserve the right to take legal action and seek recompense from you as the Student’s parent or legal guardian of that minor.
14. No Warranties
Mathsathome.com makes no guarantees or warranties towards a Client’s performance as a result of any Tutoring Service we provide. While Mathsathome.com and its Tutors will prepare the Client academically to the best of their ability, they are not liable nor do they accept any responsibility for their performance within any examination or assessment task.
15. Modification & Amendments
This Agreement can be modified at any time and updated on the website of Mathsathome.com. Clients will be made aware of all modifications.
Mathsathome.com reserves the right to amend this Agreement at any time. Amendments will be effective immediately upon publication on the Website and will apply to all transactions occurring and agreements entered into following such publication. Your continued use of the Service following such notification will represent an agreement by you to be bound by this Agreement as amended.
16. Entire Agreement
This Agreement sets forth the entire agreement and understanding between the parties relating to the subject matter herein and supersedes all prior discussions between the parties. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing signed by the party to be charged.
If one or more of the provisions in this Agreement are deemed void by law, then the remaining provisions will continue in full force and effect.
Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.
19. Additional Acknowledgements
Both parties acknowledge and agree that: (a) the parties are executing this Agreement voluntarily and without any duress or undue influence; (b) the parties have carefully read this Agreement and have asked any questions needed to understand the terms, consequences, and binding effect of this Agreement and fully understand them; and (c) the parties have sought the advice of an attorney of their respective choice if so desired prior to signing this Agreement.
Where the Client is a legal minor, the Parent/Guardian shall enter into this Tutoring Service agreement on behalf of the Client and shall accept and agree to all the terms and conditions of the policies contained herein on behalf of the Client.
21. Governing Law
This Agreement is governed by the laws in force in South Australia, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of South Australia, Australia and their Courts of Appeal.
22. Ethics Code
Mathsathome.com will conduct their business honestly and ethically wherever we operate. We will constantly improve the quality of our services and operations and will create a reputation for honesty, fairness, respect, responsibility, integrity, and trust.
Mathsathome.com Tutors will:
- Avoid using their company contacts to advance their private business or personal interests at the expense of the company, its clients or affiliates
- Give no bribes or other similar remuneration or consideration to any person to attract or influence business activity
- Avoid gifts, gratuities, fees, bonuses or excessive entertainment, in order to attract or influence business activity
- Report all information accurately and honestly, and as otherwise required by applicable reporting requirements
- Seek to avoid exaggerating or disparaging comparisons of the services and competence of their competitors.
- Obey all Equal Employment Opportunity laws and act with respect and responsibility towards others in all of their dealings.
- Agree to disclose unethical, dishonest, fraudulent and illegal behaviour, or the violation of company policies and procedures, directly to Mathsathome.com.
Mathsathome.com absolutely prohibits the use of alcohol or non-prescribed drugs. It also discourages non-work place drug and alcohol abuse. The use, sale or possession of alcohol or non-prescription drugs while on the job, on any Mathsathome.com or Company premises, or in the home of a client will result in immediate termination of the Tutor Agreement.
Mathsathome.com absolutely prohibits any acts of sexual harassment towards a Mathsathome.com Customer, including grooming and sexual relations, whether outside or on the tutoring premises.
Child protection is a matter that should be central to the conduct of all Mathsathome.com tutors. Amongst other things, tutors should apply the following standards:
- Tutoring should always be conducted in rooms where there are windows, so that a person outside the room can see into the room, or the door should be open so that the tutoring can be viewed and heard. Furthermore, no child should be disciplined by a tutor in a room with a closed door.
- Tutoring must only take place in a public part of the home with a parent or responsible adult present. Tutoring must never take place in a child’s bedroom. By entering each tutoring session, the Parent/Guardian agrees that the tutoring session will take place in a public part of the home with a responsible adult present in the nearby vicinity. This responsible adult will be present at the beginning and end of each tutoring session and remain within hearing range throughout the entirety of the session.
You can see more info here on child protection policies on the ATA site: https://ata.edu.au/resources/child-protection/