Terms of Use

Interpretation and Definitions

Interpretation

The following words have specific meanings, outlined under the heading ‘Definitions’. These definitions hold true throughout this Website, regardless of the grammatical format they appear in.

Definitions

For the purposes of this Terms of Use webpage:

• Company (also referred to as “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Open Education
• Device means any device that can access the Website such as a computer, a cellphone or a digital tablet
• Personal Data/Information is any information that relates to an identified or identifiable individual
• Service Provider means any natural or legal person or entity who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Website, to provide the Website on behalf of Open Education, to perform services related to the Website or to assist Open Education in analysing how the Website is used
• Usage Data refers to data collected automatically, either generated by the use of the Website or from the Website infrastructure itself (for example, the duration of a page visit)
• Website refers to Open Education, accessible from www.openeducation.com.au
• You (also referred to as “Your”, “Users” or “Student/s”) means the individual or relative guardian accessing or using the Website, or the company, or other legal entity on behalf of which such individual is accessing or using the Website, as applicable
• Tutor refers to a person who is contracted to provide tutoring services to the Student(s) of Open Education, with Open Education acting as their Agent
• Services refers to any and all services that We perform for the Students or Clients of Open Education, inclusive of this Website, within the States and Territories of Australia (New South Wales (NSW), Victoria (VIC), Queensland (QLD), Australian Capital Territory (ACT), Western Australia (WA), South Australia (SA), Northern Territory (NT), Tasmania (TAS))
• Student(s) (also referred to as “Client/s” and/or collectively “You”, “Your”) refers to any person who has contacted Open Education, requested services from Us and/or have engaged in use of this Website
• Terms (also referred to as “T’s & C’s”) refers to the Terms and Conditions presented on this webpage.
• Lesson(s) refers to the tutoring Services in the form of a class or ‘lesson’ provided by Open Education
• Qualified refers to an individual who has either achieved a score for their respective subject as a past Year 12 graduate or has subject expertise that has been deemed suitable by Open Education during Our hiring process

Purpose

This Website serves the purpose of displaying the Services of Open Education. Our Services address the educational needs of Users by providing tutoring services through the Tutors of Open Education.

Agreement to the Terms

These are the Terms and Conditions (“T’s & C’s”) that govern Your use of and/or enrolment with the Services offered by Open Education. It is essential that You read and understand these terms before using the Services. Your use of Our Services indicates that You have read and agreed to these Terms, as well as all applicable laws and regulations. By using, browsing and/or reading the contents and Services provided by Open Education, You acknowledge that You have understood and agreed to be bound by these Terms. If You do not agree to these Terms, You must immediately discontinue Your use of Open Education’s Services.

Website

By accessing and using the Open Education Website, You agree to adhere to the following Terms and Conditions (in addition to any other Terms outlined). You are prohibited from reproducing or duplicating nay material found on this Website, providing inaccurate or deceptive information and/or contacting Our Tutors with the intention of advertising their services elsewhere, including but not limited to a competing platform or website.

Membership

Open Education reserves the right to decline registration of Tutors or Students, in the event of inappropriate behaviour or unauthorised use of content, among other reasons. This decision is at the discretion of Open Education and is not limited to the aforementioned reasons.

Performance Disclaimer

Open Education puts forth significant effort to ensure positive outcomes for Our Students. However, We cannot guarantee specific results or the accuracy of the materials used by Our Tutors, on Our Website or externally. We cannot be held liable if a Student fails to achieve desired outcomes, as several factors can influence their success, including personal effort and work habits.

Refunds

Open Education’s resources, notes and Services available for purchase are non-refundable. Refunds for tutoring Services may be provided at the discretion of Open Education. If a student believes that there are errors in the lessons, they must notify a member of the Open Education team via text (SMS), email, or phone call. Refunds will be issued accordingly after review of the reported errors.

Lessons

Cancellation

If you need to cancel or reschedule a Lesson, please notify us at least two hours prior to the scheduled start time. If you fail to do so within this timeframe, a 50% fee relative to the Lesson in question, will be charged. Moreover, if You repeatedly cancel Lessons at significant inconvenience to the tutor, you will be charged a full 100% cancellation fee relative to the Lesson in question.

If the Lesson is cancelled more than 2 hours before its scheduled start time due to the reasons listed below, the Student will not be charged for the Lesson:

• The Student and the Tutor, agree to cancel the Lesson without charge
• The Student cancels the Lesson with sufficient notice
• The Student has fallen ill
• The Tutor cancels the Lesson or fails to be present at the agreed-upon time for any reason, the Student will not be charged for the Lesson
• An unforeseeable event occurs that can be considered to reasonably take priority relative to the attendance of the Student to the Lesson

If the Lesson is cancelled within the 2 hours before its scheduled start time due to the reasons listed below, the Student will be charged for the Lesson:

• The Student arrives 15 minutes after the agreed upon start time for the Lesson, for any reason not listed above
• The Student fails to provide a reasonable cause to the Tutor within the required timeframe

Late arrival

In the event that a Student is delayed by more than 15 minutes without prior notice, We have the right to cancel the Lesson and apply a 50% fee relative to the Lesson in question. In such a case, the scheduled lesson may continue and the regular charge will apply as usual.

Upon arranging a Lesson, Open Education, on behalf of it’s Tutor, deems the booking to be final, subject to the Terms of this Cancellation Policy. The Student is obligated to remit payment for the scheduled lesson, unless otherwise stipulated in this document.

When a Lesson is arranged, it means that both the Student and Tutor have mutually agreed on a specific start time for the Lesson. Any changes to the agreed-upon schedule must be promptly communicated by the Student to the Tutor.

Extended Absence

Open Education values flexibility, allowing Students and Tutors to communicate and coordinate Lesson timings according to their schedules. However, to accommodate more students, we open up a Student’s spot to others if they don’t have any lessons scheduled for over 14 days without prior notice. The decision to do so remains at the discretion of the Tutor and Open Education.

Academic Honesty

Open Education upholds academic integrity and will not engage in any activities that violate the academic policies of a Student’s school or institution, such as completing assignments or taking exams on Your behalf. As such, Open Education does not offer direct assistance to students with formative assignments.

Revisions of Documents and Materials

Open Education reserves the right to modify these Terms of Service and other relevant documents and materials at Our sole discretion. The Student is bound by the most current version of these documents, and therefore, it is recommended that You regularly check for any updates or changes to the rules and regulations of Open Education.

Privacy

At Open Education, We are committed to protecting Your privacy, and all Personal Information that You provide when using Our Services is subject to Our Privacy Policy. You can find Our Privacy Policy on Our Website, and We encourage You to review it carefully.

Copyright and Intellectual Property

Copyright Ownership

All content on Open Education’s Website, such as text, graphics, logos and images, is owned by Open Education and is protected by copyright laws. Any reproduction, modification, or distribution of such content is strictly prohibited without the express written consent of Open Education.

Intellectual Property Ownership

All intellectual property rights related to the tutoring services offered by Open Education, such as patents, copyrights, trademarks, and trade secrets, belong to Open Education. No use or disclosure of such intellectual property is allowed without the express written consent of Open Education.

Confidentiality

All information provided by Open Education, such as trade secrets or business plans, must be kept confidential by the User. No such information can be disclosed to third parties without the express written consent of Open Education.

Infringement Indemnification

Users agree to indemnify and hold harmless Open Education from any claims, damages, and expenses arising from any infringement of intellectual property rights by the User, including claims arising from the use of any content provided by Open Education.

Non-Competition

Users agree not to compete with Open Education in any way during the term in which Our Services are delivered/provided and thereafter its termination.

Termination

Open Education reserves the right to terminate Services if Users breach any of the Terms and Conditions outlined in this agreement. Upon termination, Users must immediately stop using the Services and any content provided by Open Education.

Competition

Using or accessing any information or content on the Open Education Website and resources library for the purpose of providing similar services to Users for commercial gain, whether by business or domestic users, is strictly prohibited for competitors of Open Education. Any breach of this provision will result in full responsibility held by the competitor for any loss sustained by Open Education, as well as accountability for all profits made from such a breach.

Tutors are not allowed to offer tutoring services or any Open Education Service to any Student outside of Open Education while these Terms are in effect and for 24 months after the termination of their contract. Tutors acknowledge and agree that breaching this clause may cause severe harm to Open Education’s business. This clause imposes reasonable obligations to protect Open Education’s legitimate business interests, and any violation of this clause may entitle Open Education to seek remedies such as injunctive relief, account of profits, and direct and indirect damages, among others.

Indemnity

Limitation of Liability

The use of Open Education’s tutoring services is at Your own risk, and Open Education shall not be held responsible for any damages or losses arising from such use, including but not limited to direct, indirect, incidental, or consequential damages. By using the Services, You agree to indemnify and hold harmless Open Education, its affiliates, and its employees from any and all claims, damages, and expenses, including reasonable attorney’s fees.

Assumption of Risk

The User acknowledges that there are inherent risks associated with using tutoring services and assumes all risks associated with such use. By using the Services, You agree to indemnify and hold harmless Open Education, its affiliates, and its employees from any and all claims, damages, and expenses arising from such risks.

Release of Liability

By using the tutoring services, You agree to release and discharge Open Education, its affiliates, and its employees from any and all claims, damages, and expenses arising from the use of the Services, including but not limited to any claims arising from negligence, breach of contract, or any other legal theory.

Links

Open Education does not endorse or have control over any links to third-party websites, nor is it responsible for the content of such websites. While Open Education has not reviewed all of the sites linked to its Website, it makes no representation or warranty regarding their accuracy, completeness, or authenticity. Any use of such linked websites is entirely at the User’s own risk, and Open Education shall not be liable for any damages or losses resulting from such use. The inclusion of any link does not imply endorsement, approval, or association with Open Education.

Acceptance of the Terms of Use and Any Updates

Open Education reserves the right to modify these Terms of Use at any time. It is the responsibility of the Users of Our Services to regularly review the Terms for any updates. By continuing to use Open Education’s Services, You acknowledge and agree to the current version of the Terms of Use.

If a User breaches any of the clauses outlined in this agreement or any other agreement with Open Education, Open Education is entitled to seek appropriate compensation and any other relief available under applicable law, including but not restricted to Australian Law present in its States and Territories (New South Wales (NSW), Victoria (VIC), Queensland (QLD), Australian Capital Territory (ACT), Western Australia (WA), South Australia (SA), Northern Territory (NT), Tasmania (TAS)).

Contact Us

If You have any inquiries or doubts regarding Our Terms of Use, please feel free to contact Us at [email protected]. We will be glad to assist You with any concerns or questions You may have.