The Edukura Pty Ltd website ("Site") at www.Edukura Pty Ltd.com, any mobile device application, or any other methods offered or authorised by Edukura Pty Ltd, Inc. ("Edukura Pty Ltd") are governed by these Terms of Use ("Terms"). Please read these Terms and Conditions carefully before using or continuing to use the Site. Accept the Terms only if you completely understand and accept each provision. By accessing or continuing to access the Site, you indicate and warrant that you understand, agree to, and accept all of the terms and conditions set out in these Terms.
Edukura Pty Ltd makes this Site available to Users seeking tutoring services ("Students"), Users providing tutoring services ("Tutors"), and any other entity on whose behalf Users accept these Terms. The terms "you" or "You" or "User" or "Users" relate to Students, Tutors, or any person or entity who reads, uses, accesses, or browses any material on the Site, and/or generates, uploads, publishes, transmits, receives, or stores content on the Site. These Terms are made between Edukura Pty Ltd and you, and you accept them by (a) accessing or viewing the Site's content; (b) contracting for tutoring lessons through the Site; (c) signing up as a tutor or providing tuition lessons via the Site; (d) utilising the Site in other manners; and/or (e) expressing acceptance of these Terms. Do not use the Site if you are opposed to these Terms.
If anything on or affiliated with the Site is in contradiction or inconsistent with these Terms, the Terms will take precedence. Any stated waiver or failure to exercise any right under the Terms quickly will not result in a continued waiver or any expectation of non-enforcement. If any provision of the Terms is found to be unconstitutional by any government law or regulation, or by any court or arbitrator, all parties agree that such clause will be substituted with a new provision that achieves the original business purpose, and the remaining provisions of the Terms shall stay in their entirety.
For information on how Edukura Pty Ltd collects, uses, and discloses information about you, please see the Edukura Pty Ltd Privacy Policy.
The Site provides an online marketplace for tuition service seekers to connect with tutoring service providers. Tutors determine, are accountable for, and typically control the techniques, materials, scheduling, frequency, duration, and all other aspects of the tutoring they deliver as independent business entities hired by Students.
Students take responsibility for finding the best tutor for their specific requirements. Students should study and investigate each tutor's self-reported qualifications, education, and expertise, as well as feedback from other students while making choices about hiring.
PLEASE NOTE: If the student is under the age of 18, all tutoring sessions should be overseen by an adult.
Edukura Pty Ltd controls and administers the Site from several locations around Australia, and makes no claim that this website is available in all places. Edukura Pty Ltd services may not be accessible in your area, and the services that are provided may differ by region. Furthermore, Edukura Pty Ltd will make every effort to deliver all messages made through the Site's messaging system. However, Edukura Pty Ltd cannot ensure that all messages will be delivered.
Edukura Pty Ltd’s services are meant to aid study, not to cheat. You may not use the Site to investigate, participate in, aid or assist someone in any sort of academic dishonesty. (for example, completing assignments or projects, writing papers or essays, taking (or helping take) quizzes or examinations on someone’s behalf, or completing work in violation of academic policies or other conduct policies of a school, university, academic institution or workplace.
All Users must: (a) be of legal age and capable of agreeing to these Terms on their own behalf or on behalf of a child receiving tutoring services; (b) reside within Australia, (c) provide accurate, current, and complete information about themselves as required during site registration (“Registration Data”); (d) maintain the security of any password and identification information used to access the Site; (e) maintain and promptly update the Registration Data and any information you provide to Edukura Pty Ltd, keep it accurate, current and complete; and (f) accept all risks of unauthorized access to information and Registration Data. You are not permitted to use the site or the services or submit content to the Site if you are under the age of 13.
You are solely responsible for all material ("Content") that you produce, upload, post, communicate, receive, or store while using the Site. Users are not permitted to produce, publish, post, email, receive, or keep Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or inconsistent with the Edukura Pty Ltd mission or otherwise objectionable to Edukura Pty Ltd or other Users; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone’s intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Edukura Pty Ltd reserves the right to edit or remove Content that violates these Terms, that contains third-party commercial advertisements, or for any other reason it deems necessary.
Users must use the Site in a way that is legal, relevant, and appropriate to the applicable forum. Any use of the Site that Edukura Pty Ltd, in its sole discretion, deems improper and/or objectionable may result in the suspension and/or termination of a User with or without notice. Users may not, in particular, but without limitation:
All Users must fulfil the following eligibility criteria ("Eligibility Conditions") for the duration of their usage of the Site: (a) you have and will at all times comply with all applicable laws and regulations; (b) you have the right, authority and capacity to enter into these Terms and to abide by all of terms and conditions in these Terms; (c) neither you, nor anyone in your home: (i) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others; (ii) has been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any sexual, child abuse or domestic violence offenses; and/or (iii) has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and (d) neither you, nor anyone in your home, is currently out on bail or on your own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including without limitation sexual, child abuse or domestic violence offenses.
Edukura Pty Ltd has the right to alter the Eligibility criteria at any moment and to require new criteria and certificates. Users must comply with such amended Eligibility Conditions or quit using the Site if they continue to use the Site.
Edukura Pty Ltd may check the aforementioned statements and guarantees. Verification may include but is not limited to, completing criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks, and/or using accessible public records. You agree to any collection, use, or disclosure required to perform such verification. If Edukura Pty Ltd determines that you have broken any representation or guarantee, it may take any action it deems necessary, including suspending and/or terminating your use of the Services. Please see the Working with Children Policy.
The preceding paragraph notwithstanding, Edukura Pty Ltd does not undertake background checks on any of its users. Edukura Pty Ltd neither acknowledges nor rejects the integrity of the information given by Users, and Edukura Pty Ltd has no duty to check that any or all of the Eligibility Conditions are satisfied by Users. Users are responsible for making their own judgements and evaluations regarding whom they interact with. – It is solely your obligation to order all background and reference checks on other users.
Edukura Pty Ltd explicitly disclaims, and you expressly release, any and all liability for any controversies, claims, actions, injuries, and/or damages originating from and/or in any way connected with (a) any inaccuracy, untimeliness or incompleteness regarding a User’s Eligibility Conditions and/or (b) misstatements or misrepresentations made by any User.
Edukura Pty Ltd maintains all of its rights under the Communications Decency Act, including the right to delete material unacceptable to Edukura Pty Ltd in its sole judgement. Any User may report such irregularities to Edukura Pty Ltd by email at enquiry@Edukura Pty Ltd.com.au
Edukura Pty Ltd may use third-party consumer reporting organisations to conduct criminal background checks, sex offender registry checks, motor vehicle records checks, credit checks, and identity verifications ("consumer reports"). Edukura Pty Ltd does not support, represent, or warrant the trustworthiness of such consumer reports, or the accuracy, timeliness, or fullness of any information in the consumer reports. Edukura Pty Ltd does not independently check the consumer reports' information.
Edukura Pty Ltd has the right to collect, use, and disclose the information included in consumer reports. Edukura Pty Ltd may, in its sole discretion, review and rely on information in consumer reports in determining whether to suspend or terminate a User or investigate a complaint about a User. Still, Edukura Pty Ltd shall not be responsible or liable in any way if any information in consumer reports about any person, including without limitation any User, is not accurate, timely, or complete. Users who have received consumer reports may contact the service provider to dispute the accuracy, timeliness, or completeness of the information. Edukura Pty Ltd maintains the right, in its sole discretion, to suspend and/or terminate a User based on information in consumer reports or for any other cause.
You may gain direct access to certain private data of Edukura Pty Ltd and its affiliates through the Site, including, but not limited to, technical, contractual, product, programme, pricing, marketing, and other important knowledge which should reasonably be understood to be confidential ("Confidential Information"). Confidential Information must be kept strictly confidential. Edukura Pty Ltd and its affiliates retain all rights, titles, and interests in the Confidential Information.
The Conditions impose no duty on you in relation to confidential data that you may demonstrate legally: (a) you possessed prior to your receipt from Edukura Pty Ltd, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, or as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to Edukura Pty Ltd adequate to afford Edukura Pty Ltd the opportunity to object to the disclosure.
Edukura Pty Ltd makes no claim to ownership of the Content you post on the website and assumes no liability in connection with such Content. Unless otherwise specified below, any Content you give in connection with this website is considered non-confidential. You grant Edukura Pty Ltd an irrevocable, globally, royalty-free, nonexclusive licence to use, reproduce, change, disseminate transmit, display, perform, adapt, resell, and publish such Content (including in electronic form). You represent and warrant that you have the necessary authorisation for the global transmission and processing of any content you give on the Site among Edukura Pty Ltd, its affiliates, and external vendors.
Users must abide by Edukura Pty Ltd’s tutor and student payment policies. Users must pay all costs associated with the services through Edukura Pty Ltd. These costs include but are not limited to (a) a tutor’s hourly rate as listed; (b) travel and transportation fees; (c) cancellation fees as described in a tutor’s cancellation policy, which can be found on a tutor’s profile on the Site; (d) a service fee as listed and (e) the Platform Fee arranged between the Tutor and Edukura Pty Ltd.
Edukura Pty Ltd may make accessible a number of third-party verification providers that allow Site users to enquire about information such as another User's identification and criminal background. The use of an independent verification service is entirely elective for both the party seeking confirmation and the party being confirmed. You agree that Edukura Pty Ltd will not be held accountable or responsible in any manner if any information supplied by a third-party verification provider is incorrect. You warrant that if a third-party verification service is employed, you will comply with the credit reporting Act in Australia
On the Site, Edukura Pty Ltd may display advertisements and promotions from third parties. Any correspondence or business dealings you have with, or participation in promotions of, advertisers other than Edukura Pty Ltd located on or through the Site, including the payment and shipment of related products or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. Edukura Pty Ltd accepts no responsibility or liability for any damages or losses of any kind caused as a consequence of any such interactions or the inclusion of such non-Edukura Pty Ltd advertising on the Site.
Tutors can sign up to get notifications by text for new student messages, message reminders, employment opportunities, and other information ("Text Message Programme"). Please keep in mind that any text message alerts may incur ordinary data and messaging charges. For further information, please contact your cell phone carrier.
To sign up to receive text message notifications, you will need to provide your consent to opt-in for text message notifications by providing your mobile phone number on the Edukura Pty Ltd “NOTIFICATION OPTIONS Page” under “Profile Settings” - (coming soon) and selecting the type(s) of notifications you would like to receive. To enrol in the Text Message Programme, tutors must respond "YES" to the welcoming text message. Message rate differs per User. The Text Message Programme is accessible to Tutors in Australia. Please also read the Edukura Pty Ltd Privacy Policy.
How to cancel
If you need to deactivate the notification go to the Site's "Notifications options" page.
Pricing
Your phone carrier's usual messaging costs may apply to any communication forwarded to you from us or from us to you. If you have any issues concerning your text or data plan, reach out to your cell phone provider.
Supported carriers
We are able to deliver text message notifications to all major phone carriers
How to get help
If you need assistance - after you’ve consulted FAQ just text HELP: 0497 486 667"
The Site may include connections to external sites. You understand and accept that Edukura Pty Ltd is not responsible for the availability of such external resources, and does not sponsor and is not liable or responsible for any content, promotion, products, or other materials on or accessible from these sites or resources. Edukura Pty Ltd shall not be held accountable, either directly or indirectly, for any real or claimed damage or loss resulting from or in connection with the use of or reliance on any such material, products, or services accessible on or through any such sources.
Edukura Pty Ltd gives you permission (which may be removed at any time for whatever reason) to use the Site for the uses specified herein and in accordance with these Terms, and solely for your personal, non-commercial use (except as otherwise specified herein), given you not delete any brand, copyright, or other notice.
Other uses are not authorised. You may not, for example, store the data in any database or cache. Except as expressly authorised by Edukura Pty Ltd, you may not use any robot, spider, web crawler, extraction programme, automated process, or device to copy or monitor the Site or any information on the Site. Edukura Pty Ltd reserves all of its statutory and common law rights in the event that this paragraph is violated. You may like/follow Edukura Pty Ltd or share links to the Site using the Site's social networking functionality. All privileges not expressly granted in this document are reserved.
You undertake not to duplicate, distribute, download, or make derivative works of the Material of others unless specifically authorised by Edukura Pty Ltd or the Content suppliers. You must not change, decompile, or reverse engineer any software disclosed to you by Edukura Pty Ltd, and you must not remove or modify any copyright, trademark, or other ownership notice.
"Edukura Pty Ltd Trademarks" refers to all of Edukura Pty Ltd’s names, marks, trademarks, logos, designs, trade dress, slogans, and other designations. You are not permitted to delete or change any Edukura Pty Ltd Trademarks, nor are you permitted to co-brand your own products or materials with Edukura Pty Ltd Trademarks. You acknowledge Edukura Pty Ltd’s rights in the Edukura Pty Ltd
Trademarks and agree that any use of the Edukura Pty Ltd Trademarks by you will be solely for the benefit of Edukura Pty Ltd. You undertake not to use any Edukura Pty Ltd Trademarks as part of your business names, trademarks, service marks, web addresses, domain names, or other similar designations.
Unless expressly specified otherwise, nothing in these Terms is intended to provide any licence to intellectual property rights. Permission is granted to display, copy, distribute, and download Edukura Pty Ltd-owned Content on the Site, provided that: (a) the copyright notice pertaining to the Content is retained, and a permission notice (e.g., "used with permission") is added to such Content; (b) such Content is used solely for personal and non-commercial purposes; and (c) such Content isn't copied or shared on any computer that is networked or published in any medium, except as explicitly allowed by legitimate permission. If you violate any of the terms or conditions, this authorisation will be instantly revoked without notice. You must promptly delete any collected content upon termination.
Edukura Pty Ltd respects other people's intellectual property. As a result, Users may not upload, edit, distribute, or reproduce any copyrighted material that they do not own or have authorisation to use. Edukura Pty Ltd maintains the right to delete any Content from the site that violates the copyright rights of others, as well as to cancel the accounts of Users who violate copyright rights. If you feel that your work has been reproduced and put on the Site in a way that violates your copyright, please send us a notice of alleged infringement in accordance with Australian copyright legislation (Copyright Regulations Act 1969). If you feel that content violates your intellectual property rights, you may send a notification requesting that the content or material be withdrawn or access to it be restricted. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Edukura Pty Ltd to locate the content or material within the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the content or material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe a notice of copyright infringement has been wrongly filed against you, please consult The Australian Law Reform Commission
Edukura Pty Ltd has the right, in its sole discretion, to suspend and/or terminate any User at any time, with or without warning. If you are suspended or terminated, you will no longer utilise the Site.
use of the site is at your sole risk unless explicitly stated otherwise. The site and its information, services, and content are provided "as is," "as available," and "with all faults." Edukura Pty Ltd expressly disclaims all express or implied conditions, representations, and warranties, including any implied warranty or condition of merchantability, satisfactory quality, or fitness for a particular purpose. Edukura Pty Ltd makes no representations, warranties, conditions, or guarantees regarding the site's usefulness, quality, suitability, truth, accuracy, or completeness.
Edukura Pty Ltd makes no warranty or representation that: (a) the site will be uninterrupted, timely, secure, or error-free; (b) the results obtained from the use of the website will be accurate or reliable; (c) the quality of any products, services, content, information, or other material purchased or obtained from tutors will meet your expectations or requirements; or (d) any errors in the site will be corrected.
You take full responsibility for any damage to your computer system or device, or data loss, that occurs from downloading any content from the site, including any damages caused by computer viruses.
The website provides a marketplace for people looking for tutoring services to connect with those looking to tutor others.
You acknowledge and accept that Edukura Pty Ltd has no authority over any user's actions or omissions on or off the site, and that Edukura Pty Ltd makes no claims or guarantees concerning the quality of any user's services. You recognise and agree that Edukura Pty Ltd is not liable for any user's performance or behaviour, whether on or off the site. As a result, Edukura Pty Ltd explicitly disclaims, and each user expressly releases, any and all liability for any controversies, claims, suits, injuries, and damages arising from or in any way related to the site, including, without limitation, the actions and omissions of users on or off the site.
Users of the site conduct business with one another. There will be no user interactions with Edukura Pty Ltd. Edukura Pty Ltd is not liable for any differences, claims, loss, injury, or damage that may emerge during or after user contact.
To the fullest extent permitted by law, Edukura Pty Ltd is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantages) arising out of or in connection with the site, even if Edukura Pty Ltd has been previously advised of, or reasonably could have foreseen, the possibility of such damages,
(a) the use of, or inability to use, the site; (b) the cost or procurement of substitute goods and services as a result of any goods, data, information, or services purchased or obtained, or messages received, or transactions entered into, through, or from the site; (c) statements or conduct of any third party on the site, including, without limitation, unauthorised access to or alteration of transmission or data, malicious or criminal behaviour, or false or fraudulent transmission or data; These limits shall apply notwithstanding any failure of any restricted remedy's basic aim.
The foregoing restrictions may not apply to you because some countries do not allow the exclusion or limitation of responsibility for consequential or incidental damages. In no case may Edukura Pty Ltd’s total liability to you, whether in contract, tort (including, but not limited to, negligence), or otherwise, exceed (a) the amount paid by you to Edukura Pty Ltd or an Edukura Pty Ltd partner, if any, or (b) $100 (whichever is less).
You and Edukura Pty Ltd agree that the warranty disclaimers and liability limitations in these terms are material, bargained-for bases of this agreement, and that they have been considered in determining the consideration to be given by each party under this agreement and in each party's decision to enter into this agreement. You and Edukura Pty Ltd agree that the warranty disclaimers and liability limits in these conditions are reasonable and fair.
If you are unsatisfied with the site or disagree with any of the conditions, your single and exclusive remedy is to stop using the site, unless otherwise stated in this section 18.
When using the Site, Users undertake all risks, including any and all risks involved with any online or offline contact with other Users. When communicating with other Users, Users must take all necessary measures, including without limitation following the advice set out in Edukura Pty Ltd Tutor and Student Safety Tips.
Users agree to indemnify, defend, and hold Edukura Pty Ltd and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives harmless from and against any and all claims, demands, causes of action, losses, expenses, damages, and/or liabilities incurred by Edukura Pty Ltd in any way related to your (a) acts and/or omissions on or off the Site;(b) infringement of another's rights, including any purported violations of intellectual property or other right of any person or entity relating to the Site; (c) violation of these Terms; (d) disputes with or between other Users; (e) use and/or improper use of the Site, including without limitation any information, content, and/or materials thereon; (f) breaking any applicable law or regulation; (g) incorrect, late, incomplete, or deceptive User information, including but not limited to registration, profile, or eligibility; and (h) misstatements and/or misrepresentations. (i) usage of connections to third-party websites, including without limitation the availability, terms of use, privacy policy, information, content, materials, advertising, goods, and/or services on such third-party websites; (j) User information and any acts or omissions relating to such User information; (k) the use of any information in third-party reports; (l) the use of third-party processing of payments services; (m) the use of phone assistance services; and/or (n) the use of any services or products, or any agreements or arrangements made or provided based on information, content, and/or materials obtained on or through the Site. Users must cooperate as requested by Edukura Pty Ltd in the defence of such claims. Edukura Pty Ltd reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by Users, and you shall not, in any event, settle any claim or matter on behalf of Edukura Pty Ltd without the written consent of Edukura Pty Ltd.
This section covers how to settle disagreements between Edukura Pty Ltd and a Tutor, Edukura Pty Ltd and a Student, or Edukura Pty Ltd, a Tutor, and a Student. All disputes must be addressed through mediation rather than the courts. Specifically:
Any disagreement relating to the Site, its usage, User (i.e. Tutor, Student) conduct, or the Terms must be resolved through binding arbitration in accordance with the Terms. The Consumer Arbitration Rules of the Australian Competition and Consumer Commission in effect at the time you accede to the Terms must be used by the arbitrator. To be clear, this arbitration clause does not apply to conflicts between a Tutor and a Student.
If the Consumer Arbitration Rules and this arbitration provision conflict on something, the terms of this arbitration provision take precedence, unless the arbitrator decides that doing so would result in a fundamentally unfair arbitration proceeding. In that case, the Consumer Arbitration Rules(ACCC) govern. This arbitration clause must be interpreted and enforced in conformity with The Australian Competition and Consumer Commission.
For more information prior to Starting the Arbitration Process, against Edukura Pty Ltd please go to Where to go for consumer help on the ACCC site. Once we receive your arbitration claim, we may assert any claims we may have against you.
Choosing an Arbitrator: The arbitration procedure is presided over by an arbitrator, who will issue a decision (sometimes known as an "award") and otherwise conduct the arbitration hearing. Using the ACCC processes, Edukura Pty Ltd and you will try to reach an agreement on a single arbitrator. If agreement cannot be reached, each side shall appoint its own arbiter. Each party's arbitrator will discuss and pick a single arbitrator jointly. The arbitration will be presided over by a single arbiter.
The Arbitrator's Decision: The arbitrator's decision must be based on the facts submitted and in accordance with these Terms and applicable legislation, including legislative and judicial authorities. On an individual basis, the arbitrator may award the same damages and remedies that a court may award to an individual under these Terms and the relevant law. The arbitrator must produce a written decision that includes the important facts and conclusions that support the ruling. The judgement of the arbitrator is final and binding on all parties.
Individual claims only: You and Edukura Pty Ltd agree that we may make claims, suits, actions, or causes of action against each other only on an individual basis, not as a plaintiff or class member in any putative class, collective, or representative proceeding. However, unless otherwise required by law, a representative claim (but not a class action) may be brought in arbitration. Unless both you and Edukura Pty Ltd agree otherwise, an arbitrator may not consolidate or join more than one person's or party's claims and may not rule over any sort of consolidated, representative, collective, or group action.
Furthermore, except when required by law, the arbitrator may award remedy (including monetary, injunctive, and declaratory remedies) only in favour of the individual party requesting relief and only to the degree required to grant relief demanded by that party's particular claim(s). Except as required by law, any remedy granted cannot have an impact on other Edukura Pty Ltd users.
Arbitration Hearing Location: As part of the arbitration procedure, a hearing may be held. If that is the case, the arbitration hearing will be held in a place that is fairly convenient to all parties, taking their capacity to travel and other relevant factors into account. Any court with jurisdiction over the arbitration award may enter judgement on the award.
Attorneys' Fees: Unless the law stipulates that the successful party is entitled to have the opposing party pay its reasonable attorneys' fees, each party will pay its own attorneys' expenses. You will only be responsible for the arbitration expenses that you would have incurred if you had brought a claim covered by this arbitration clause in court. If you can show the arbitrator that the costs of arbitration will be prohibitive as compared to the expenses of litigation, Edukura Pty Ltd will pay as much of the arbitration fees as the arbitrator considers necessary to keep the arbitration from being prohibitively expensive for you.
Disputes in Administrative Courts Arbitration is not permitted: Regardless of anything in this arbitration provision to the contrary, disputes may be filed before an administrative agency to the degree relevant law needs access to an agency despite the existence of this arbitration provision. Nothing in this arbitration clause: (i) relieves any party of the need to exhaust administrative remedies by filing a charge or complaint with an administrative agency and getting a right to sue notice, unless otherwise required by law; or (ii) precludes either party from collaborating with a federal or state body, unless otherwise required by law. You realise, however, that you are not entitled to a twofold recovery or other monetary advantage as a result of any administrative agency action, except as required by law.
Judicial Forum Exclusive If the Arbitration Provisions are Unenforceable: If a court or arbitrator of competent jurisdiction rules that this arbitration provision is unenforceable, you agree that the exclusive forum and/or venue for any dispute arising from the use, inability to use, or provision of these Terms will be any State Court or Federal Court sitting in in the state of Victoria, Australia. You hereby consent to the exclusive jurisdiction of those courts in any such process and agree not to seek transfer of the matter to a different court for any reason.
Regardless of the Arbitration terms set forth herein, Users agree that any material breach of the Terms will cause Edukura Pty Ltd irreparable harm for which damages would be an inadequate remedy, and Edukura Pty Ltd reserves the right to seek will equitable relief through the court system, including both a preliminary and permanent injunction, if such a breach occurs. If Edukura Pty Ltd pursues such an injunction, you forgo any necessity for the posting of a bond or other security.
Edukura Pty Ltd may provide Users notice by email, normal mail, or by posting notifications or links to notices on the Site. Edukura Pty Ltd retains the right, with or without notice, to modify, suspend, or terminate the services (or any portion thereof), and/or use of or access to them. Edukura Pty Ltd may also remove or restrict access to or use of all relevant data and files. Edukura Pty Ltd will not be responsible to Users or any third party for any service change, suspension, or termination, or for any loss of connected information. Edukura Pty Ltd reserves the right to modify these Terms at any time by publishing the revised terms on this Site.
This Agreement shall be governed and interpreted in accordance with the substantive laws of Victoria, Australia, without regard to choice-of-law provisions.
These Terms supersede and cancel all former versions of the Terms and represent the complete agreement between you and Edukura Pty Ltd related to its subject matter. The Terms and any rights granted herein may not be assigned or transferred in any way. You may also be subject to additional terms and conditions while using the Edukura Pty Ltd Site or third-party products or services.
For lessons with students, all teachers will keep 75% of their listed hourly rate, while Edukura Pty Ltd will keep 25% of the platform cost.
Tutors who are allowed to sell their services on Edukura Pty Ltd must agree to the Independent Tutor Agreement (ITA), which details Tutor Payment rules , Student Payment rules and the Platform cost.
Please keep in mind that all classes are subject to a 9% service fee, which is not included in hour totals.