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General terms
Aussin provides this Site to users seeking tutoring services (“Students”) and to users seeking to provide tutoring services (“Tutors”), and to any other entity on whose behalf users accept these Terms. The term “you” or “You” or “User” or “Users” shall refer to Students, Tutors or any person or entity who views, uses, accesses, browses or submits any content or material to the Site. These Terms are entered into by and between Aussin and you, and you accept them by: (a) contracting for tutoring lessons through the Site; (b) using the Site in any other manner; and/or (c) acknowledging agreement with these Terms. If you do not agree to these Terms, do not use the Site
Services
The Site offers a marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services. As independent contractors hired by Students, Tutors control the methods, materials and all aspects of the lessons. Aussin also provides personal training to all tutors.
Students are responsible for selecting the right tutor for their needs. In making hiring decisions, Students should review and investigate each tutor’s self-reported credentials, education, and experience, as well as reviews from other students.
Academic honesty
You acknowledge and agree that Aussin’s services are provided for the purpose of facilitating learning, not cheating. You agree not to inquire about the hiring of or to hire tutors to complete assignments, write papers, take quizzes or otherwise do work on your behalf. Further, you agree not to use Aussin’s services for any purpose that violates the academic honesty policy or other conduct policies of your school, university, academic institution or workplace.
Your obligations and conduct
In consideration of your use of the Site, you agree: (a) that you are of legal age and have capacity to agree to these Terms; (b) to provide accurate, current, and complete information about you as may be prompted by a registration form on the website (“Registration Data”); (c) to maintain the security of your password and identification; (d) to maintain and promptly update the Registration Data and any information you provide to Aussin, to keep it accurate, current and complete; and (e) to 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. If this is the case, a parent or guardian must conduct these activities on behalf of you.
You are entirely responsible for all Content that you upload, post, or otherwise transmit through your use of the Site (“Content”). You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Aussin or other users of the website; (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. Aussin 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.
You agree to use the Site in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Site that Aussin, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice. Conduct that is inappropriate and/or offensive includes without limitation the following:
You hereby authorize Aussin to verify the above representations and warranties by you and you acknowledge and agree that Aussin shall have the right, but not the obligation, to verify such representations and warranties. You agree and understand that such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or use of available public records. You consent to any collection, use or disclosure in order to accomplish such verification. You further agree that Aussin may take such action as it, in its sole discretion, deems appropriate, including without limitation suspending and/or terminating your use of the Site, should it determine that you have violated any representation or warranty.
Aussin expressly disclaims, and you expressly release Aussin from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding a User’s Eligibility Conditions and/or (b) misstatements or misrepresentations made by any User.
You agree that Aussin will be absolved of all prosecution in the event of cases of sexual harassment by tutors. In these cases, Aussin will provide authorities with all the necessary documentation and support to prosecute those involved
Confidentiality of Aussin information
You may obtain direct access via the Site to certain confidential information of Aussin and its affiliates, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence. All right, title and interest in the Confidential Information remains with Aussin and its affiliates.
The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from Aussin, 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, 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 Aussin adequate to afford Aussin the opportunity to object to the disclosure.
Terms of transacting business
You understand and agree to abide by Aussin’s tutor and student payment policies. You agree that you are willing to pay all costs associated with the services through Aussin. 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; and (d) the commission arrangement between the Tutor and Aussin. No cash or cheque transacting can take place on Aussin or after lessons have occurred. Doing so will result in an indefinite sanction from Aussin
Content provided via links
You may find links to other websites or resources on the Site. You acknowledge and agree that Aussin is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Aussin will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Intellectual property rights
Aussin grants you permission (which may be revoked at any time for any reason or no reason) to use the Site for the services as provided herein and in accordance with these Terms of Use and solely for your own personal, non-commercial use (except as provided herein), provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. Except as specifically authorized by Aussin, you may not deep-link to the Site for any purpose or access the Site manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Site or any information, content, or material on the Site. Aussin reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Site or any content contained therein, whether in whole or in part, without prior written consent from Aussin. You may like or follow Aussin or share links to the Site via social networking technology referenced on the Site. Any rights not expressly granted herein are reserved.
Except as expressly authorized by Aussin or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Aussin discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
“Aussin Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations Aussin uses in connection with its products and services. You may not remove or alter any Aussin Trademarks, or co-brand your own products or material with Aussin Trademarks, without Aussin’s prior written consent. You acknowledge Aussin’s rights in Aussin Trademarks and agree that any use of Aussin Trademarks by you shall inure to Aussin’s sole benefit. You agree not to incorporate any Aussin Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.
Termination and suspension
Aussin reserves the right to suspend and/or terminate any user with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no further use of the Site after termination or during suspension.
Disclaimer of warranties
USE OF THE SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING THE INFORMATION, SERVICES, AND CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. AUSSIN DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. AUSSIN MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SITE.
AUSSIN MAKES NO WARRANTY OR REPRESENTATIONS THAT: (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE 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 ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
Notices; modification and termination of services; amendment of terms
Aussin may provide notice to Users via email, regular mail, or posting notices or links to notices on the Site. Aussin reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. Aussin may also delete, or bar access to or use of, all related information and files. Aussin will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information. Aussin may amend these Terms at any time by posting the amended terms on this Site.
Entire agreement
These Terms constitute the entire agreement between you and Aussin relating to their subject matter, and cancel and supersede any prior versions of the Terms. You may not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use Aussin or third-party products or services.
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