Terms of Service
(The Legal Stuff 🤓)
Table of Contents
The purpose of this website is to create a useful service for students and their parents to access teaching services and connect with private tutors.
Seymour Tutors, ABN 41681144518 (subsequently referred to as “Seymour Tutors” or “the Company”) is the owner of seymourtutors.com.au, seymourtutors.com, seymourtutors.au (subsequently referred to as “the Website”). By signing up to seymourtutors.com.au, seymourtutors.com or seymourtutors.au you are entering into an agreement with Seymour Tutors to be bound by these Terms and Conditions.
Website Use License
You agree to the following when using the Seymour Tutors website:
- Any material on this website (including, without limitation, any underlying source code or other data) may not be reproduced, reformatted, reused, transmitted, communicated, adapted, distributed, sold, modified, stored in a retrieval system, published, or otherwise used.
- submit any information that is false or deceptive;
- use this website in a way that harasses, annoys, or disrupts any third party as a result of your use of this website;
- submit any material that is threatening, defamatory, vulgar, abusive, or indecent;
- utilise any of the content on Seymour Tutors for commercial benefit, or to create or operate your own product or service;
- contact tutors or students who advertise on this page in order to re-advertise their services on another website;
- This website or any information contained on it may not be data mined, scraped, or subjected to automated searches.
- interfering with or attempting to interfere with the effective functioning of this website;
Seymour Tutors retains the right to fully cooperate with any law enforcement authorities in any jurisdiction in response to any lawful instruction or request to reveal the identify or other details of anybody who posts any materials that violate any applicable or relevant law.
Private and Group Tutoring Use License
You agree to be bound by these Terms of Service, all applicable laws and regulations, and that you are responsible for compliance with any applicable local laws by accepting tutoring services from a private tutor from Seymour Tutors. You are not permitted to use or access this site if you do not agree with any of these conditions.
When scheduling and attending tutoring sessions, whether in person or online, you will:
- Respect Tutors of Seymour Tutors and will not harass, disturb, or disrupt them at any time, including while organising lessons. In your discussions with the tutor, you shall not send any threatening, defamatory, vulgar, abusive, or indecent material.
- Attend each Session on the day and time that you have scheduled with the Tutor, keeping in mind that you can amend the date and time of any Session prior to it starting if you give the tutor more than 24 hours notice.
- Any invoices must be paid within three days of the Session’s conclusion. If you do not comply, Seymour Tutors will not be able to offer you future sessions or services.
- All payments must be made via the payments system specified by Seymour Tutors. Payments can be made only via Credit Card and Direct Debit payment methods.
- Seymour Tutors reserves the right to terminate any connection between the Tutor and you at any time and without notice, at the Company’s sole discretion.
- Follow all Seymour Tutors policies and procedures, as they are modified from time to time by Seymour Tutors.
- Any issues you may have about the quality of a Session will be investigated by Seymour Tutors. If Seymour Tutors determines that the quality of the Session fell considerably short of the standard expected by Seymour Tutors, Seymour Tutors may issue a partial refund. This is entirely at Seymour Tutors’ discretion.
The first lesson with a new Seymour Tutors tutor will be invoiced and emailed to the email address you provide.
This invoice must be paid within 3 days of its issuance, either by credit card or direct debit.
The Seymour Tutors payment system will automatically bill you for future classes. Your card will be automatically charged for the lesson cost once a lesson has been completed and tutors have logged the lesson as completed on our system.
A receipt will be emailed to you following every payment, invoice, or automatic charge.
Seymour Tutors expects all payments to be made within three days. Please pay within this time frame. If you don’t pay for a lesson, your tutor may refuse to conduct any further lessons unless payment is completed.
If you don’t pay an invoice within 30 days, you’ll be charged a $25 late fee on top of any outstanding payments.
If you do not pay within 35 days, your account and information will be transferred to Marshall Freeman Debt Collections for recovery.
Seymour Tutors, acting as the tutor’s agent, considers a lesson booking to be final once it has been scheduled (either in person or online), subject to this cancellation policy. That is, unless otherwise stated, the student agrees to pay for the scheduled lesson. It is important to note that if a lesson is cancelled for whatever reason, the student must contact the tutor as soon as possible.
If the reason for cancellation is unacceptable and the session is cancelled less than 24 hours before the scheduled time, the student will be charged a cancellation fee equal to 100 percent of the original lesson fee.
What is a scheduled lesson?
A scheduled lesson is one where the student and the tutor have agreed to meet at a specific time either in-person or online. It is possible to reach an agreement either verbally or in writing. Even if the tutor or student knew or should have known at the time of the arrangement that the lesson would have to be cancelled, the instruction will be considered scheduled. Classes will be deemed scheduled if an agreement is reached to hold lessons on a regular basis for a period of time, even if precise times and locations have not been agreed upon.
If the student and tutor agree to plan a lesson based on requirements other than those specified in this document, the lesson will not be considered scheduled if any of the conditions are not met. However, the lesson will be considered scheduled after all of the prerequisites are met.
Acceptable reasons for cancellation
The student must not be charged for the lesson if the lesson is cancelled more than 24 hours before commencement solely due to:
- the tutor cancelling the lesson for any reason, or failing to appear at the agreed-upon location at the agreed-upon time;
- the student being sick (as certified by a medical practitioner);
- the student having an appointment which is:
- important and urgent, and
- unable to be rescheduled;
- the student and the tutor agreeing to cancel the lesson without charge;
- the student’s requirement to appear in court for any reason;
- the student cancelling the lesson with sufficient notice, more than 24 hours prior to the commencement time of the lesson;
- any other unforeseeable event which should reasonably take precedence over the student’s attendance at the lesson.
Unacceptable reasons for cancellation
The student will be charged for the lesson if the lesson is cancelled less that 24 hours prior to the commencement of the lesson due to:
- the student’s lateness, including but not limited to lateness due to transport delays;
- with the exception of a court appearance, a reasonably anticipated or regular event that would otherwise fulfil any of the permissible reasons for cancellation listed above;
- any event which is unable to be rescheduled due to a lack of planning by the student;
- other work or study commitments;
- any unexplained failure to be at the agreed place at the agreed time.
Furthermore, the student will be charged for the lesson if:
- Unless the lesson is cancelled for an acceptable reason as stated in this text, the student fails to give sufficient notice of the cancellation of the lesson of at least 24 hours; or
- The tutor is greatly inconvenienced by the student’s failure to give immediate notice of the cancellation.
Variation of lessons
If the time, place or duration of a lesson is varied by mutual agreement without significant inconvenience to either the student or tutor, the lesson shall not be taken to have been cancelled.
Unless the tutor cancelled the class and the cancellation caused severe disruption to the student, the student will be charged for any lesson scheduled in place of the cancelled lesson.
The tutor may decide not to tutor the student after two no-shows or late cancellations less than 24 hours before the scheduled lesson time. This decision may be made at the tutor’s discretion or by Seymour Tutors, acting as the tutor’s agent.
Waiver of fees
Even if the student would otherwise be charged under the provisions of this policy, Seymour Tutors, acting as the tutor’s Agent, may choose not to charge the student for a cancelled lesson. Tutors must first contact Seymour Tutors to advise them of the cancellation before processing a missed lesson (due to insufficient notice).
Lesson Continuation Policy
Seymour Tutors does not require parents or kids to adhere to fixed lesson times or weekly sessions, allowing clients to schedule lessons on a flexible basis. Seymour Tutors, on the other hand, has a “Lesson Continuation Policy” in place to assure consistent work for our tutors, maximise our tutors availability and reduce waiting list durations for our clients.
If a student misses 22 days without having a lesson with their assigned tutor, their tutoring arrangement with their tutor will be cancelled and made available to other clients.
Even though the tutoring position would otherwise be cancelled under the rules of this policy, the tutor or Seymour Tutors, acting as the tutor’s Agent, may choose not to apply the “Lesson Continuity Policy” in certain conditions (such as during school holidays). In these cases, Seymour Tutors or the tutor must reach an oral or written agreement to extend the leniency period beyond the 22-day limit, and the decision to waive the “Lesson Continuation Policy” is entirely at Seymour Tutors’ discretion.
Although Seymour Tutors provides students with competent and educated tutors, we cannot guarantee certain student outcomes. Many factors influence a student’s performance, including their study habits, work ethic, education experience, instructional methods, and school participation.
While Seymour Tutors strives to give the greatest tutors available to assist and guide students, our tutors should not be considered as a substitute for laziness or as guaranteeing a specific outcome. Seymour Tutors asserts that the Company will not be held legally liable if the Client does not find the results satisfactory.
Refunds will only be given in extreme situations, and the decision to issue a refund is entirely at the discretion of Seymour Tutors. To request a refund, send Seymour Tutors a written request that includes your name and contact information, the full history of the transaction in question, a detailed list of reasons for the refund, copies of all relevant documents related to the situation, and any other documents and information that may be deemed relevant. Refund requests will only be granted if they are submitted in writing (by email or letter).
You shall not use the Website to inquire about, engage in or aid or assist anyone with any form of academic dishonesty. For example, completing assignments or projects, writing papers or essays, taking (or help 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.
Seymour Tutors, its officers, employees, and agents shall in no event be liable for any damages (including, without limitation, damages for loss of data or profit, or damages for business interruption) arising out of the use or inability to use the materials on the Seymour Tutors website, even if the Company or an authorised representative of the Company has been notified orally or in writing of the possibility of such damage. These limits may not apply to you because some countries do not allow limitations on implied warranties or liability for consequential or incidental damages.
You agree to indemnify Seymour Tutors, its officers, employees, and agents harmless from any and all loss, damage, costs, professional fees and expenses (including legal fees), actions, claims, and liability arising directly or indirectly from or in relation to your use or misuse of the Website, including but not limited to any and all liability for any claims, suits, injuries, and/or damages arising from, or in any way related to: any inaccuracy or incompleteness regarding a Tutor or any inappropriate behaviour by a Party.
Revisions and Errata
There may be technical, typographical, or photographic errors in the materials on the Seymour Tutors website. The Company makes no representations or warranties as to the accuracy, completeness, or timeliness of any of the materials on its website. The Company reserves the right to make changes to the materials on its website at any time and without notice. The School does not, however, guarantee that the resources will be updated.
Seymour Tutors has not evaluated all of the sites linked to this website and is not responsible for their contents. The presence of a link on this page does not mean that the Company endorses the linked site. The user is solely responsible for their usage of any such linked website.
Any claim relating to Seymour Tutors’ website shall be governed by the laws of the Company’s home jurisdiction without regard to its conflict of law provisions.
If any part of these Terms of Service is held to be invalid or unenforceable that part shall be severed and the remaining Terms of Service will continue to be valid and enforceable.