This online platform (Platform) is operated by Knect Learn Pty Ltd (ACN 630 471 359) ATF Knect Learn Trust or its successors and assignees (we, our or us). It is available at: www.knectlearn.com.au and may be available through other addresses or channels.
In these terms and conditions, Platform refers to our marketplace regardless of how you access it. The Platform connects self-employed tutors (Tutors) with students and their parents or guardians (Students) by facilitating introductions between Tutors and Students. From time to time, we may also employ tutors to provide tutoring services on our behalf (Knect Tutors). The Knect Tutors will be clearly identified on the Platform via a badge on their tutor profiles.
If, as a Tutor, you are agreeing to these Terms not as an individual but on behalf of a company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” means the Represented Entity and you are binding the Represented Entity to these Terms. If you are accepting these Terms and using our services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
If you are a parent or legal guardian permitting a person who is under 18 years of age (a Minor) to create an account and/or use the Platform, you agree to: (i) supervise the Minor’s use of the Platform and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform and their account; (iii) ensure that the content on the Platform is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.
These Terms supplement and incorporate our policies and terms and conditions posted on the Platform.
The Platform provides an introductory service for Tutors and Students.
A Tutor with an ability to perform tutoring services (i) creates an account on the Platform and (ii) posts an accurate and complete description of the tutoring services to be provided (including the fee or price to be paid by the Student) (Listing).
A Student with a requirement for a service to be provided (i) creates an account on the Platform, (ii) reviews the Listings uploaded by Tutors and (iii) makes a request for a booking (Booking Request) which is sent to the Tutor through the Platform.
If a Tutor desires to provide tutoring services to a Student, the Tutor may accept the Booking Request (which becomes a Booking). By accepting a Booking Request, the Tutor confirms that s/he is legally entitled to and capable of supplying the services described in the Listing.
Once a Tutor has accepted a Booking Request, the Tutor and Student can communicate to reschedule Bookings as required via the Platform.
Once the allotted time for the Booking has elapsed, the Platform will record that the Booking is complete (Completed Booking).
You understand and agree that where tutoring services are provided by Tutors, the Platform is an online introductory platform only, and that our responsibilities are limited to facilitating the user functionality and availability of the Platform. We are not an employment agency or labour hire business and Tutors are independent third party contractors not our employees, contractors, partners or agents.
Where tutoring services are provided by Knect Tutors, the Platform is a tutoring services platform where the tutoring services are provided by us and our employees. We are a party any agreements entered into between a Knect Tutor and a Student.
We are not a party to any agreement entered into between a Tutor and a Student. We have no control over the conduct of Tutors, Students or any other users of the Platform (excluding Knect Tutors).
We accept no liability for any aspect of the Student and Tutor interaction, including but not limited to the description of tutoring services offered and the performance of these services.
You agree that you will act with respect on the Platform and not use obscenities, make threats, or discuss matters other than those directly related to the subject of the relevant tutoring session.
Students will not disclose any personally identifiable information to a Tutor or Knect Tutor during a tutoring session.
You acknowledge that we may monitor any tutoring sessions, and in our sole discretion we may terminate any tutoring sessions where we consider, in our sole discretion, that you are transmitting inappropriate content.
We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
Registration and Profiles
You can browse and view the Platform as an unregistered user of the Platform. You must register on the Platform and create an account (Account) to access some features on the Platform, such as making a Booking.
You must provide basic information when registering for an Account, including without limitation name, email address, and location and you may choose a password.
If you are a Tutor, we may require you to provide evidence of a National Police Check, Working with Children or Working with Vulnerable People certification prior to your creation of an Account, as set out on the Platform.
If you are a Tutor, we will review your request for an Account before approving the request. We may request additional information, including details of your drivers’ licence, evidence of any public liability insurance and details of your tutoring experience. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.
If you are a Tutor, once you have registered an Account, your account information will be used to create a profile which you may then curate (Profile). Your Profile is personal and you must not transfer it to others, except with our written permission.
You must not include any profanities or inappropriate content on your Profile.
You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.
You are responsible for keeping your Account and Profile details and your username and password confidential and you will be liable for all activity on your Account, including Bookings made using your Account details, whether or not you authorised such activities or actions.
You will immediately notify us of any unauthorised use of your Account.
At our sole discretion, we may refuse to allow any person to register or create an Account.
Reviews and Feedback
Students may provide feedback to Tutor or Knect Tutor regarding their tutoring services provided to by that Student (Tutor Review), including in what areas the Tutor or Knect Tutor performed well, in what areas they performed at an average level and in what areas their performance can be improved.
Tutors and Knect Tutors must provide feedback to Studentsregarding the Student’s performance after every tutoring session (Student Feedback), including in what areas the Student performed well, in what areas they performed at an average level, in what areas their performance can be improved, and homework, if any, has been assigned.
Positive aspects of all Tutor Reviews of a Tutor or Knect Tutor can be viewed by any user and will remain viewable until the relevant Knect Tutor or Tutor’s Account is removed or terminated. Negative aspects of all Tutor Reviews will be used by Tutors and Knect Tutors in order to improve the tutoring services they provide.
Students, Knect Tutors and Tutors must provide true, fair and accurate information in their Tutor Review and Student Feedback, as applicable.
To the maximum extent permitted by law, we are not responsible for the content of any Tutor Reviews or Student Feedback.
You may not publish Reviews for Tutors or Knect Tutors to which you have personal or professional relations.
Students can write a Tutor Review at the conclusion of a tutoring session. All feedback is appreciated and will assist us and the Tutors and Knect Tutors to improve the services they provide.
As a Tutor, you agree to:
take full responsibility in your role as a Tutor and for the provision of tutoring services to the Students;
prepare appropriate content for the tutoring services;
f. act in accordance with the highest professional standards at all times;
g. only provide tutoring services that are relevant to your qualifications and relevant experience; and
maintain a computing environment appropriate to carry out the tutoring services online, and in accordance with any minimum requirements set out on the Platform.
Fees and Payments
It is free to register a Student Account on the Platform. There is no charge for a Student to create a Listing, or for other users to review content on the Platform, including Listings.
Tutors are required to pay a membership fee in order to be listed on the Platform, as set out on the Platform (Tutor Membership).
Your Tutor Membership may begin with a free trial. The following terms apply to any free trials we offer to you:
The free trial period of your membership lasts for the period specified during the account registration process. Any free trial period we offer is intended to allow you to experience our Platform.
We determine free trial eligibility in our sole discretion and we may limit eligibility to prevent free trial abuse. We reserve the right to revoke the free trial and suspend your Account in the event that we determine that you are not eligible.
We may charge your chosen payment method (such as your credit card) for your membership fee at the end of the free trial unless you cancel your membership prior to the end of the free trial period.
If you do not cancel your membership before the end of any free trial period, your Tutor Membership will continue on a recurring basis depending on the billing cycle period chosen until terminated.
Students have the option to book a free 30 minute initial session with a Tutor or Knect Tutor if they have not previously received a tutoring session with that Tutor or Knect Tutor. Tutors acknowledge that this session will be provided free of charge and will not request payment from us or Students for this session.
Any payments will be made through our third party payment processor, currently PayPal or by any other payment method set out on the Platform.
A Student must pay the relevant fees set out in the Listing (including our booking fee) (Tutor Fees) at the time s/he makes a Booking Request. Payment will be processed at the time the Tutor or Knect Tutor accepts the booking.
We retain a portion of the Tutor Fees as set out on the site (Commission). The Commission is deducted from the Tutor Fees paid by the Student and retained by us when processing payment to Tutors.
Students may book tutoring services from Knect Tutors (Knect Services) from us as set out on the Platform (Knect Booking). Any Knect Booking placed through the Platform is an offer by that Student to purchase the Knect Services for the price notified at the time the Student makes the Knect Booking.
We may, at our absolute discretion, accept or reject a Knect Booking. We will endeavour to notify you of a reject at the time of the Knect Booking or within a reasonable time thereafter.
Each Knect Booking we accept results in a separate binding agreement between the Student and us for the supply of Knect Services in accordance with these Terms.
Except for Knect Tutors, we will facilitate payment of the Tutor Fees to a Tutor in accordance with the payment schedule set out on the Platform, minus our booking fee and Commission (as set out on the Platform), for all Completed Bookings that have taken place in the relevant period.
To the extent permitted by law, our booking fee is non-cancellable and non-refundable.
We may from time to time issue promotional discount codes for use on the Platform. To claim the discount, you must enter the promotional discount code at the time of submitting your Booking Request through the Platform. The conditions of use relating to promotional discount codes will be specified on the Platform at the time they are issued.
At our discretion, we may donate a portion of the fees received by us through the Platform to schools or charitable organisations as set out on the Platform. Students will be able to nominate their preferred organisation to receive such donations. We will use best endeavours to honour this nomination, but will not be liable to Students if we elect to donate the portion of fees to an alternative school or charitable organisation.
The membership fee for the Platform and any other charges applicable to the use of the Platform, such as any applicable taxes, will be charged on a recurring basis depending on the billing cycle period chosen to your selected payment method on the calendar day corresponding to when you registered for an Account. In some cases your payment date may change, for example if payment is unable to be processed or if your membership began on a day not contained in a given month. You agree and acknowledge that you must have sufficient funds in your selected payment account in order to pay the membership fee. You are responsible for paying any fees, such as bank fees, for any payments that are dishonoured.
Limited Payment Collection Agent
Each Tutor appoints us as the Tutor’s limited payment collection agent solely for the purpose of accepting the Tutor Fees from the Student.
Tutors agree that payment of Tutor Fees by a Student to us (as the Tutor’s limited payment collection agent) is to be considered the same as payment made directly by the Student to the Tutor and the Tutor will provide the purchased services to the Student as agreed, as if the Tutor had received payment directly from the Student. After the deduction of the commission.
Each Tutor agrees that we may refund Students in accordance with these Terms. Each Tutor agrees that our obligation to pay the Tutor is subject to and conditional upon successful receipt of the relevant payments from Students.
We guarantee payment to Tutors only for such amounts that we have successfully received from Students in accordance with these Terms, after the deduction of the booking fees and the Commission. In accepting appointment as the limited payment collection agent of the Tutor, we assume no liability for acts or omissions of the Tutor.
In the event that we do not remit Tutor Fees as set out in the Payment clause above, Tutors will only have recourse against us and not the Student directly.
Refund and Cancellation Policy
The cancellation, exchange or refund of any tutoring services provided by Tutors or Knect Tutors on this Platform will be managed by us in accordance with the policy set out below.
Students may reschedule or cancel Bookings no later than 48 hours prior to the scheduled start time of the Booking without penalty (except for the booking fee).
the Student cancels the Booking via the Platform no less than 48 hours before the scheduled start time of the Booking; or
the Student is dissatisfied with the tutoring session, and contacts us within 48 hours of the conclusion of the Booking to request a refund,
we will return the Tutor Fee (minus the booking fee) to the Student within a reasonable period of time.
Where Students are dissatisfied with the tutoring session and receives 3 or more refunds within a calendar year in accordance with (2) above, we will deem that our Platform is unsuitable for the Student, and the Student’s access to the Platform will be removed.
If we have already paid the Tutor an amount for the Booking and we decide to return the Tutor Fees to the Student in accordance with (c) above, the amount already paid to the Tutor will be a debt to us, and these amounts can be set off by against other amounts payable to the Tutor.
If, for any reason, a Tutor Fee cannot be transferred or otherwise made to a Tutor, including if the Tutor does not provide accurate payment details, or returned to the Student (as the case may be), or no claim is otherwise made for the Tutor Fee, the Tutor Fee will remain in our escrow account until paid or otherwise for up to three months from the date the Tutor Fee was originally paid into the escrow account.
Following the three months outlined in clause (d) and provided there is still no dispute in respect of the Tutor Fee, the Tutor Fee will be retained by us.
Licence to use our Platform
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):
anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
using our Platform to defame, harass, threaten, menace or offend any person;
interfering with any user using our Platform;
tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, education regulations;
using our Platform to find a Student or Tutor and then completing a Booking or transaction independent of our Platform in order to circumvent the obligation to pay any fees related to our provision of the Platform;
as a Tutor, offering any tutoring services that you do not intend to honour or cannot provide;
as a Student, making any offers to Tutors that you do not intend to offer;
using our Platform to send unsolicited email messages; or
facilitating or assisting a third party to do any of the above acts.
Exclusion of competitors
You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Intellectual Property rights
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):
copy or use, in whole or in part, any Content;
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
breach any intellectual property rights connected with our Platform, including (without limitation) by:
altering or modifying any of the Content;
causing any of the Content to be framed or embedded in another website; or
creating derivative works from the Content.
You may be permitted to post, upload, publish, submit or transmit relevant information and content, including teaching resources, worksheets and other learning materials (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.
You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:
you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.
Recordings: Your tutoring sessions may be recorded in video and/or audio form (Recordings) and stored on the Platform at our option. You acknowledge that unless otherwise indicated, we own all rights, title and interest (including intellectual property rights) in the Records. We may provide you with access to the Recordings for a period of time via the Platform for a fee as set out on the Platform. Unless you have paid a fee for access to the Recordings, we may, at any time, remove any Recordings from the Platform at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with the removal of such Recordings from the Platform.
You acknowledge that the Recordings may be used by us to improve the services we provide to you, including using the Recordings to train algorithms to create a recommendation engine and credentialing system for Students and Tutors.
Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.
The tutoring services provided by a Tutor might also confer you certain Statutory Rights.
Warranties, disclaimers and indemnity
To the extent permitted by law, we make no representations or warranties about our Platform, the Content, Tutors, Students, tutoring services including (without limitation) that:
they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
access will be uninterrupted, error-free and free from viruses;
our Platform will be secure;
tutoring services will be requested by Students or that Students will find desirable Tutors;
tutoring services provided by Tutors are of a particular standard or meet the Listing description.
You read, use, and act on our Platform and the Content at your own risk.
Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:
our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of fees paid by you to us for the services the subject of the relevant Liability (for example, the booking fees where your tutoring services are provided by Tutors, and the Price where your tutoring services are provided by Knect Tutors); and
we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:
loss of, or damage to, any property, or any injury or loss to any person;
failure or delay in providing the Platform or our services; or
breach of these Terms or any law,where caused or contributed to by any:
event or circumstance beyond our reasonable control;
a fault , defect, error or omission in your computing environment; or
act or omission of you or your related parties,
and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.
You acknowledge and agree that (i) you use the Platform or our services at your own risk, (ii) the provision of the Platform or our services may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.
You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
This clause will survive the termination or expiry of these Terms.
Students may cancel their Account and terminate these Terms at any time via the “Cancel Account” feature (or similar) on our Platform or by sending us an email to the address at the end of these Terms. If you cancel your Account as a Student, any Bookings will be automatically cancelled and any refund will in accordance with the cancellation policy set out in these Terms.
Tutors may cancel their Account and terminate these Terms with 2 weeks’ notice via the “Cancel Account” feature (or similar) on our Platform or by sending us an email to the address at the end of these Terms. If you cancel or deactivate your Account as a Tutor with 2 weeks’ notice, any Bookings will be automatically cancelled and your Students will receive a full refund. If you cancel or deactivate your Account with less than 2 weeks’ notice as a Tutor, we will deduct from the Tutor Fees owed to you (and if none are owed to you, you must pay to us) the booking fees and Commission for all Bookings in the 2 weeks after cancellation of your Account.
For Knect Tutors, the cancellation and termination of their Account will be in accordance with their employment contract.
At our sole discretion, we may suspend your Account or terminate these Terms immediately if (i) you are in breach of these Terms, any applicable laws, regulations or third party rights (ii) as a Tutor your Listings or tutoring services at any time fail to meet any applicable quality or eligibility criteria, (iii) you have received poor Tutor Reviews or we have received complaints about you including due to repeated cancellations of Bookings.
If we suspend your Account or terminate these Terms, we will cancel any existing Bookings and in the case of a Tutor breach, refund the relevant Students, and in the case of a Student breach, you will lose any amounts paid.
We encourage Tutors and Students to attempt to resolve disputes (including claims for returns or refunds) with other users directly. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet (in-person, online or via telephone) at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
We recommend that Tutors obtain appropriate insurance for supplying their goods or services. If you are a Tutor and you obtain an insurance policy, please review any relevant insurance documentation carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy.
Variation: We may modify these Terms from time to time by notifying you by email. By continuing to use the Platform after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform.
Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days prior notice.
Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Jurisdiction: Your use of our Platform and these Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
For any questions and notices, please contact us at: