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Terms and Conditions

TERMS AND CONDITIONS

ACCEPTANCE OF TERMS

Language Champs Pty Ltd. ("Language Champs") welcomes you to our website www.tutormelbourne.com.au (the "Site"). This Agreement governs the use of the service (the "Service") offered by Language Champs at the Site. Please read these Terms of Use ("Terms of Use" or "Agreement") before using or continuing to use the Site. Use of the Site constitutes an agreement to all terms and conditions in this Agreement. By using this Site you represent, warrant, understand, agree to and accept all terms and conditions contained in this Agreement without modification by User. If you object to anything in this Agreement or the Privacy Policy, please leave the Site and do not use the Site or the Service.  Language Champs provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular Language Champs owned or operated services, you and Language Champs shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Language Champs may also offer other services that are governed by different Terms of Service.

 

DESCRIPTION OF SERVICE

Language Champs connects tutors and students ("Users") using the Site.   Language Champs provides Users with access to informational tools and resources, including, but not limited to, an online platform to connect students and tutors and Language Champs provides a service to students by displaying content information from tutors. This is the limitation of the service provided by Language Champs.  Users do hereby represent, understand and expressly agree that Language Champs does not have liability for or  control over any aspect of the service provided by users of the Site including, but not limited to the truthfulness of Users or the quality of tuition, availability, punctuality, integrity, communication skills or any other aspect whatsoever of the services actually delivered by the tutors whether the content is listed on the Site or in any interaction with the Users.   All Users do hereby expressly agree not to hold Language Champs (or Language Champs employees or consultants) liable for any communication delivered which originated through the Site and Language Champs expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom. 

 

USER USE OBLIGATIONS

In consideration of your use of the Service, Users represent that Users are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the States and Territories of Australia or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the tutor no longer wishes to provide their service or no longer want their information to be on the site, they are responsible for deleting their own profile from the site. If for any reason this is not possible, Users can contact Language Champs via email at tutor @ tutormelbourne. com. au (remove spaces) and request removal.  Language Champs will remove account information if requested, to the extent applicable by the law.  If you provide any information that is untrue, inaccurate, not current or incomplete, or Language Champs is in anyway, for any reason, not satisfied with the quality or content of the information provided, Language Champs has the absolute right to change the content or suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).  You certify and state that you meet and will continue to meet the following conditions for as long as the user uses the Site or service:1.     The User is at least 18 years old and is legally authorized to work within the jurisdiction of the States and Territories of Australia; 2.     The User has not been convicted of a crime of any nature, including any felony or any misdemeanour of any kind, and has not been convicted of any sexual offenses; and 3.     The User further represents that User has not pending legal matters relating to any criminal or civil matters relating to a sexual offenses of any kind. 4.     The User must have an authorised working with children check and must be able to supply their working with children number for Users State or Territory. Each User makes the above eligibility statement and warrants and agrees that (a) Language Champs may rely on it as true, and (b) may change the conditions from time to time and mandate new requirements.. Users acknowledge that Language Champs does not have actual knowledge that the statement by the User is true. If any of the user information is untrue, inaccurate or misleading, Language Champs cannot be held accountable for any possible ramifications the misleading information may cause to users.  

 

LANGUAGE CHAMPS IS NOT A PARTY TO CONTRACTS BETWEEN USERS

Language Champs is not a party to  any and all agreements and contracts between users (students and tutors) on the Site.  Any contract between users is made independently of Language Champs.  Language Champs is not a party to the contract. In no way is Language Champs involved in any contract between Users of the Site.  Language Champs is not a party to any contract between users and therefore will not be held responsible and expressly disclaims any liability whatsoever for any claims that may arise for any disputes between any Users. By using this Site, you do hereby represent, understand, and expressly agree to hold Language Champs harmless for any claim that may arise from any disputes between Users of the Site.  This includes, but is not limited to, payments of tutors.  Any tutors who are not paid by Users of the site cannot request that Language Champs pay for their service.  

 

SITE CONTENT

Tutors may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services without explicit permission provided directly from Language Champs Director. The tutor agrees to keep confidential all Proprietary Information and all personal information regarding students, parents, customers, clients, company personnel, etc. The tutor grants permission to have a background check performed by Language Champs, its affiliates, or current and potential customers interested in receiving services from the tutor. The tutor agrees to provide complete and truthful information to Language Champs, its affiliates, and all customers on all documents and during all communications without exception.  Tutors understand their profile, the information contained within it and their image will be posted on the website in the public domain. No tutor is to use profanity or other controversial language or images or ideas which viewers might find offensive; such conduct is a violation of our terms and proper action may be taken. Tutors may submit content, such as original statements and personal information, in their application or on our website to help attract customers to the tutor's profile.  All tutors provide their personal information voluntarily and if they do not feel comfortable doing so, are not forced to provide such information. By doing so, the tutor grants Language Champs permission to edit, copy, publish, distribute, translate and otherwise use in any medium this content without limit or compensation. Similarly, by supplying their image to Language Champs, tutors are aware that this will be presented in a public domain and Language Champs are not responsible for any subsequent use of this image.  Tutors must be aware that their contact information will be available to all membership holding Users of the site. Language Champs is not responsible for any misuse of this contact information, as the tutor has freely and willingly placed it in a public domain. 
  

LANGUAGE CHAMPS PRIVACY POLICY

We are committed to protecting your privacy. We will only use the information that we collect about you lawfully.  Language Champs reserves the right to disclose User information from both private and public areas of the site at our discretion or if required by law. All information submitted by Users to Language Champs becomes the property of Language Champs. By submitting this information, you do hereby agree to allow Language Champs to use such information at its sole discretion pursuant to the terms of the Terms of Service.  We collect information about you for 2 reasons: firstly, to process your order and second, to provide you with the best possible service.   We will give you the chance to refuse any marketing email from us or from another trader in the future.  The type of information we will collect about you includes, but is not limited to, : -->your name -->address -->phone number -->email address ->credit/debit card details We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly. The personal information which we hold will be held securely in accordance with our internal security policy and the law. We may use technology to track the patterns of behaviour of visitors to our site. This can include using a "cookie" which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings. /comments about privacy, you should contact us.

  

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Language Champs of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Language Champs cannot and will not be liable for any loss or damage arising from your failure to comply.

Membership

Users are aware that the fees involved in purchasing a membership, when this purchase is made. The membership will be for a fixed period of time, unless, at the request of the member, it is extended. If users are unhappy with their membership it is their responsibility to terminate the membership. Language Champs cannot be held libel for if a user is displeased with the service provided from the purchase of their membership. If they fail to find an adequate tutor, their payment will not be returned.

The payment details supplied to Language Champs when purchasing is to be kept secure and confidential. This will not be misused in anyway and only the specified amount for membership will be charged to the user. Users must be aware that their payment provides them with the contact details of tutors, but doesn’t guarantee that a tutoring service will be provided following the payment. 

Rating of Tutors

Tutors must be aware that they are able to be rated my users. The users comments are their own and do not represent the views of Language Champs. Language Champs cannot be held libel for any defamatory comments made by users. Tutors understand that comments and ratings may restrict the tutors’ likelihood of being hired in the future. The users themselves are restricted from making offensive and defamatory comments about a tutor. All comments can be removed by Language Champs at any time, without a reason necessary.  


CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE


You acknowledge that Language Champs may or may not pre-screen Content, but that Language Champs and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, change, or remove any Content that is available via the Service. Without limiting the foregoing, Language Champs and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Language Champs or submitted to Language Champs, including without limitation information in Language Champs forums, posts, user profiles and in all other parts of the Service.

-->You acknowledge, consent and agree that Language Champs may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Language Champs, its users and the public.

Language Champs does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Language Champs the following worldwide, royalty-free and non-exclusive license(s), as applicable:

-->With respect to Content you submit or make available for inclusion on publicly accessible areas of Language Champs Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Language Champs services to which such Content was submitted or made available.

"Publicly accessible" areas of the Service are those areas of the Language Champs network of properties that are intended by Language Champs to be available to the general public. By way of example, publicly accessible areas of the Service would include Language Champs tutor profiles.

-->CONTRIBUTIONS TO LANGUAGE CHAMPS

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Language Champs through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Language Champs is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Language Champs shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Language Champs may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Language Champs without any obligation of Language Champs to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Language Champs under any circumstances.

-->INDEMNITY

You agree to indemnify and hold Language Champs and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

-->MODIFICATIONS TO SERVICE

Language Champs reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Language Champs shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

-->TERMINATION

You agree that Language Champs may, under certain circumstances and without prior notice, immediately terminate your Language Champs account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Language Champs account includes (a) removal of access to all offerings within the Service, including but not limited to Language Champs Mail, Groups, Messenger, Domains, Personals, Message Boards, Greetings, Alerts and Games, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Language Champs's sole discretion and that Language Champs shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

-->DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

-->a.    Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Language Champs and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

-->b.    Language Champs and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the software will be corrected.

-->c.    No advice or information, whether oral or written, obtained by you from Language Champs or through or from the service shall create any warranty not expressly stated in the TOS.

--> LIMITATION OF LIABILITY

SUBJECT TO APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT LANGUAGE CHAMPS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LANGUAGE CHAMPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

-->GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and Language Champs and governs your use of the Service, superseding any prior agreements between you and Language Champs with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Language Champs services, affiliate services, third-party content or third-party software. Choice of Law and Forum. The TOS and the relationship between you and Language Champs shall be governed by the laws of Victoria without regard to its conflict of law provisions. You and Language Champs agree to submit to the personal and exclusive jurisdiction of the courts of Victoria.

Waiver and Severability of Terms. The failure of Language Champs to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.
The language of this agreement shall be given its natural meaning and shall not be construed against either party in the case of ambiguity. Because every effort was made to make this agreement understandable to the layperson, no interpretation should be made that penalises us for failing to use specific legal terms, so long as the meaning may be plainly inferred from the document. If any part of this agreement is held to be unenforceable by any court or adjudicator, the rest of the agreement shall remain in full force. Furthermore if any part of any clause is held to be unenforceable, the remainder of said clause shall remain in full force.

By accepting, you are providing us with an electronic signature.