Terms and conditions
These terms and conditions regulate the business relationship between you and us when you use the websites (Our Website(s)) https://www.learnedhub.com.au for online tutoring or https://www.lovemaths.com.au for face to face tutoring. By using Our Website in any way, or by purchasing our Services, you agree to be bound by them.
No person under the age of 18 years may use our Website and Services or provide personal information to us. Persons under age 18 may only use our Website and Services with the involvement and consent of a parent or legal guardian.
We are: Learned Hub Pty Ltd ACN 613 436 883 (“we, us, our”) trading as Love Maths Tutoring by Learned Hub.
Our address is: 29/1 King Street Newcastle NSW 2300
You are: a visitor to Our Website / our customer
The terms and conditions:
1. Our contract with you
1.1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
1.2. Each party acknowledges that, in entering into this agreement, you do not rely on any representation, warranty, information or document or other term not forming part of this agreement.
1.3. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
1.4. We do not guarantee that Services advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those that are posted on Our Website at the time you place an order for Services.
1.5. If in future, you purchase Services from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
1.6. We may refuse to provide the Services if you ask for the Services to be provided at a location we do not serve.
2. Acceptance of your booking
2.1. When you book our Services through Our Website your booking is an offer to order our Services. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing, referring to the order.
2.2. At any time before the Services are performed, we may decline to perform the Services to you without giving any reason.
2.3. We may alter our Services in whole or in part, at any time and for any reason. You may cancel your order in case you do not agree with any changes. If you do not cancel your order, you will be deemed to have accepted the new terms of Services.
3. Your Details
3.2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration/membership details from time to time when they change.
4. Your account with us
4.1. We reserve the right to terminate your registration or membership at any time if you breach these terms and conditions.
5. Payment and Cancellation
5.1. All prices payable for the Services that you order is clearly set out on Our Website. On registration you agree to pay for our Services in accordance with the pricing on Our Website from time to time and in accordance with the Services you purchase from Our Website.
5.2. Our prices for Services may be changed by us at any time prior to you placing an order. We will give you notice of 30 days should these prices change whilst you are receiving the Services.
5.3. We charge by direct debiting your account every Monday.
5.4. You may cancel your account at any time by giving us no less than 14 days’ notice in writing. Simply contact us by email at firstname.lastname@example.org, providing the details below, and we will cancel your account and ensure that the direct debit arrangement is cancelled effective from the next applicable Monday billing date. You acknowledge and agree that we are not liable for any delays that any bank may have in cancelling a direct debit.
5.5. Details to be provided on cancelling your tutoring sessions are as follows:
Parent/Guardian’s Full Name (If different to your name):
Your Child's Full Name:
The date of your last intended session (must be no earlier than 14 days from the date of this email): [dd/mm/yyyy]
5.6. If we owe you money we will credit your account as soon as reasonably practicable.
5.7 Declined payments that are due for debit will incur a $19.00 declined payment fee. The declined payment will be retried within four working days of the debit date. Should the retried payment fail, an additional $7.00 failed payment fee will be applied to your account. Declined payment fees will be debited at a time deemed suitable by us.
6. Tutoring Sessions
6.1. Tutoring sessions are conducted at a regular interval as determined by you, but must meet or exceed the minimum of 1 hour of tutoring each week. However you may decide that your child requires multiple sessions each week and we are happy to accommodate extra tutoring sessions, subject to tutor availability.
6.2. Tutoring sessions are for a minimum of 1 hour. However you can choose longer sessions or a longer session by prior arrangement. Longer sessions for 1.5 hours, 2 hours and 2.5 hours can be arranged.
6.3. Where a longer session, or sessions have been organised we will bill you for the additional longer session(s) at the end of the month following your additional tutoring session(s).
6.4. You may cancel or postpone a tutoring session as long as you give your tutor no less than 6 hours’ notice. If you cancel your tutoring session:
6.4.1 more than 6 hours before the start time of the session then you will still be billed for that session but you are able to reschedule another session, within 30 days of the cancelled session date, of equivalent time to the cancelled session, with your tutor (subject to the tutor’s availability) for no additional charge; or
6.4.2 within 6 hours of the start time of the session then we will charge you for that missed tutoring session, but you can book an additional session (subject to the tutor’s availability), however you will be charged for the additional catch up session.
6.5. All rescheduled or catch up tutoring sessions must be booked directly with the tutor.
6.6. If you or your child decides to end a tutoring session early then we will not refund any amounts to you for the tutoring time that was not used.
6.7. If a tutor is unable to attend a scheduled session, the tutor will contact you and ask you if you or your child would like to reschedule the session for another day or week. If you or your child is not available at the nominated times, the tutor will get a substitute tutor to attend the session that they are planning on missing.
6.8. You should ensure that you, or another responsible adult, attends the tutoring session or is in close proximity (i.e. at home, where tutoring sessions are held at your home) when the tutoring sessions occur.
6.9. All of our tutors are required to obtain valid working with children checks.
7. Positing Policy: Learned Hub Online Tutoring Platform
7.1. If you are receiving tutoring services from us and you have entered into a pay per question fee arrangement or you are subscribing to a monthly plan, and you have a maths problem that you cannot solve or need assistance with, then you may Post [A2] a question (or multiple questions) on the Online Tutoring Platform (Platform).
7.2. There is no limit to how many and how often you post questions on the Platform.
7.3. We will endeavour to answer any maths question that you have Posted on the Platform within 24 hours of it being Posted.
7.4. Any maths question posted to the Platform must relate:
7.4.1 to the level of maths you are current undertaking study for; and
7.4.2 to a maths problem where the answer is known. In other words we will not attempt to answer any maths problem where the maths problem is unknown or current academics disagree as to the correct answer.
8. Posting Policy: Restrictions on what you may Post to Our Website
If you Post Content on Our Website then you agree that you will not, nor allow anyone else to, Post Content on Our Website which is or may:
8.1. be problems that are unrelated to mathematics;
8.2. be malicious or defamatory;
8.3. be commercial audio, video or music files where the intellectual property rights in those files is not yours not licensed to you;
8.4. be illegal, obscene, offensive, threatening or violent;
8.5. be sexually explicit or pornographic;
8.6. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
8.7. give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
8.8. solicit passwords or personal information from anyone;
8.9. be used to sell any goods or services or for any other commercial use;
8.10. include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
8.11. link to any of the material specified above, in this paragraph;
8.12. send age-inappropriate communications or Content to anyone under the age of 18.
9. Posting Policy: Your Posting - restricted content
In addition to the restrictions set out above, a Posting must not contain:
9.1. hyperlinks, other than those specifically authorised by us;
9.2. keywords or words repeated, which are irrelevant to the Content Posted;
9.3. the name, logo or trademark of any organisation;
9.4. inaccurate, false, or misleading information.
10. Posting Policy: How we handle your Content
10.2. If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
10.3. Even if access to your Content is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
10.4. You irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical of you. You indemnify us on a full indemnity basis for any loss or damage you suffer due to our publishing feedback, comments and ratings.
10.5. Posting Content on Our Website does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
10.6. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or breach of any law, which may occur as a result of you Posting any Content.
10.7. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
10.8. We do not solicit ideas for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted us an irrevocable royalty free licence to use it.
11. Posting Policy: Removal of offensive Content
11.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
11.2. We are under no obligation to monitor or record the activity of any visitor or use of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
11.3. If you are offended by any Content, the following procedure applies:
11.3.1 your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by email;
11.3.2 after we receive notice of a claim or complaint, we may investigate at our discretion; and
11.3.3 we shall remove the offending Content as soon as we are reasonably able.
11.4. We may re-instate the Content about which you have complained or not.
11.5. In respect of any complaint made by you or any person on your behalf, whether using out of a complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
11.6. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
12.1. Our Website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of, or privacy compliance by any linked website.
12.2. Any hyperlink on Our Website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information, services and/or products which they provide.
12.3. You may link our website only with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of Our Website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials. This permission is conditional upon you not portraying us or any Service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent
13. Security of Our Website
13.1. If you violate Our Website and/or any terms of this agreement, we may take legal action against you.
13.2. You agree that you will not, and will not allow any other person to:
13.2.1 modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
13.2.2 link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
13.2.3 download any part of Our Website, without our express written consent;
13.2.4 collect or use any product listings, descriptions, or prices;
13.2.5 collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
13.2.6 aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
13.2.7 share with a third party any login credentials to Our Website.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
14.1. your failure to comply with the law of any country;
14.2. your breach of this agreement;
14.3. any act, neglect or default by any agent, employee, licensee or customer of yours;
14.4. a contractual or negligence claim arising from your use of the Services;
14.5. a breach of the intellectual property rights of any person.
15. Security of your Financial Information
15.1. We take care to make Our Website safe for you to use.
15.2. Direct debit payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
16. Intellectual Property
16.1. When you visit Our Website, we give you a limited licence to access and use information on Our Website for personal use.
16.2. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our Content in any other way infringes our intellectual property rights.
16.3. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on Our Website without our prior written permission.
16.4. The licence to access and use the information on Our Website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror Our Website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of Our Website.
16.5. If you Post on Our Website by placing images, text, copy, photos or videos (Your Material) on Our Website then you grant us a non-exclusive, royalty free, irrevocable licence to use Your Material on the Website in any way we deem fit and in any promotional material we deem fit, such as but not limited to email marketing campaigns and other online and physical marketing materials.
16.6. In relation to Your Material, you consent to an infringement of your moral rights, for example the right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.
16.7. Apart from Your Material which you Post, all rights, title and interest in Our Website or photos, images or logos on our Website are subject to copyright under the Copyright Act 1968 (Cth) and are solely owned by us and our affiliate businesses and/or companies. This includes, but is not limited to, all images, photos, text, information, graphics and videos.
16.8. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content on or from Our Website, in whole or in part.
16.9. You may not use our name or logos or trademarks or those belonging to other third parties that have Posted on Our Website without the prior written consent of us or that third party (as relevant).
17. Service Warranties
17.1. Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010, and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
17.2. Our liability is governed solely by the ACL and these terms and conditions. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights. Unless the Statutory Rights apply, the Services, and all other material and work is provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
17.3. If your Statutory Rights apply because you are a consumer as defined in the ACL, then we guarantee that the Services:
17.3.1 we supply to you are rendered with due care and skill;
17.3.2 will be fit for the purpose that we advertise, or the Services will give the result that we have agreed to in writing with you prior to providing the Services; and
17.3.3 will be supplied within a reasonable time.
17.4. To the extent we are unable to exclude liability, our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the services to you, or, at our option, refunding to you the amount you have paid us for the Services to which your claim relates, minus any payment processing fee or payment gateway refund fee.
18.1. All the conditions, warranties or other terms implied by the law of any county other than the Commonwealth of Australia are excluded from this agreement to the extent permitted by law.
18.2. We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Services, at any time and without advance notice.
18.3. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention any that you find.
18.4. Use of Our Website is at your own risk. To the extent permissible by law, we do not make any, and exclude all express or implied warranties, representations, statements, terms and conditions relating to your use of the Services or Content available on or from Our Website.
18.5. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the Services.
19.1. You agree that you will not solicit, hire or retain the services of, in any capacity whatsoever, the Learned Hub affiliated tutoring staff without the express written consent of Learned Hub. In the event that you intentionally or inadvertently solicit, hire or retain the services of, in any capacity whatsoever, any Learned Hub affiliated tutoring staff for the purposes of maths tutoring, then you agree to pay to Learned Hub the fees that would have been paid to Learned Hub had you engaged the tutor through Learned Hub.
20. Matters beyond our reasonable control
20.1. There may be instances where we may not be able to perform certain or all obligations that we have agreed to in this agreement because of something beyond our reasonable control, which may include but is not limited to, events that constitute a force majeure which may include: lightning, flood, severe weather, fire, explosion, terrorist activities, anything done by a government body or other competent authority, industrial disputes, technical difficulties, power outages, hardware difficulties, software difficulties or other acts, events or omissions that affect our capacity to perform certain or all obligations that we have agreed to in this agreement. There may be other reasons too, not expressly set out here. In these cases, you irrevocably and unconditionally agree that we do not accept responsibility or liability for not providing you with the Services or for breaching our obligations.
21. Miscellaneous matters
21.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
21.2. Where we provide services or products without specific charge to you, then they are deemed to be provided free of charge, and not to be associated with any other services for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those products or that service.
21.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
21.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
21.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
21.6. Any communication to be served on either party by the other shall be delivered by e-mail. It shall be deemed to have been delivered, if sent to the address from which the receiving party has last sent e-mail: within 48 hours if no notice of non-receipt has been received by the sender.
21.7. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
21.8. This agreement does not give any right to any third party.
21.9. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.
21.10. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
21.11. The validity, construction and performance of this agreement shall be governed by the laws of the State of New South Wales.
In this agreement:
means any content in any form such as but not limited to text, photographic images, videos, icons, emoji, published on Our Website by us, by you, or by any third party with our consent.
means the service being provided on Our Website.
means the website where these terms and conditions are placed and includes all web pages controlled by us including any and all subdomains.
means ask maths question, display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
In these terms and conditions unless the context otherwise requires:
23.1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation;
23.2. by accessing the Services through Our Website or otherwise, you unconditionally and irrevocably agree to be bound by these terms and conditions, all applicable laws and/or regulations and you agree that you are responsible for this compliance
23.3. these terms and conditions prevail over any terms proposed by you;
23.4. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
23.5. any obligation of any person arising from this agreement may be performed by any other person;
23.6. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party;
23.7. the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
23.8. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation;
23.9. if there is any conflict between these terms and conditions and other terms and conditions on Our Website, these terms and conditions will prevail; and
23.10. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
Last updated: 02 Sep 2018