NOTICE: The following Terms and Conditions must be read prior to using PlantYourAPPLETREE.com. All users and individuals accessing PlantYourAPPLETREE.com will be bound to the Terms and Conditions as listed below.
In this agreement:
- The ‘Services’ refer to home tutoring services provided by PlantYourAPPLETREE.com.
- The words ‘Client’, ‘you’, and ‘your’ refer to the individual using the Services.
- The words ‘we’, ‘our’, ‘ourselves’ and ‘us’ refer to PlantYourAPPLETREE.com, its agents, employees, directors, and subcontractors.
These Terms and Conditions apply to any home tutoring services provided to you by us. By inquiring, ordering, using, and/or paying in advance for the Services offered by us, the Client confirms that he/she has fully read and understood these Terms and Conditions. Furthermore, the Client agrees to be legally bound by these Terms and Conditions. If the Client does not agree with these terms and Conditions, the Client must not use our Services under any circumstances.
2. The Services
- We agree to provide the Services as explained in these Terms and Conditions.
- The Services of PlantYourAPPLETREE.com are provided on an ‘as is’ and ‘as available’ basis.
- The Services are only available to individuals and not groups, agencies or corporations.
- Our tutors are not permitted to receive payments directly from clients.
- All fees must be paid within 7 days of being provided with an invoice and are non-refundable, in whole or in part, except in the following situations:
a. If a promised Service has not been arranged before the cancellation request is received.
3. Your Obligations
- You agree to employ our Services while abiding by all relevant laws and not for any illegal purpose.
- You agree not to use PlantYourAPPLETREE.com and the Services to distribute any material which is unlawful, harassing, abusive, threatening, harmful, vulgar, defamatory, offensive, or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety.
- You agree that in the event that you have any right, claim or action against any user directly arising from the use of PlantYourAPPLETREE.com or the Services, then you will pursue such right, claim or action independently and without recourse to PlantYourAPPLETREE.com, its agents, employees, directors, and subcontractors.
- All tutors are legally bound by their contract with PlantYourAPPLETREE.com. As a client, you must agree not to solicit, use or hire any of PlantYourAPPLETREE.com’s tutors privately, but to make all arrangements for our tutors’ services solely through PlantYourAPPLETREE.com. In addition, if you wish to recommend our tutors to third party individuals and/or groups, you must agree to provide all necessary contact details to facilitate communication between these third parties and ourselves, rather than communicating directly with our tutors. We will make all tutoring arrangements with such other parties on behalf of our tutors.
4. Disclaimer of Warranties
- We make no warranties or representations, whether explicit or implied, in relation to PlantYourAPPLETREE.com or the Services, including, but not limited to, implied warranties or conditions of completeness, non-infringement, merchantability, accuracy, satisfactory quality and/or fitness for a particular purpose.
- We make no warranty or guarantee that PlantYourAPPLETREE.com or the Services will meet your requirements or will be uninterrupted, timely, secure or free from errors.
- We provide no warranty as to the results that may be obtained or the accuracy or reliability of any information disseminated through PlantYourAPPLETREE.com or the Services.
- You expressly agree that your use of PlantYourAPPLETREE.com and the Services is at your sole risk.
- No advice or information, whether oral or written, obtained by you from PlantYourAPPLETREE.com or through the Services shall create or be deemed to create any warranty not expressly made herein.
5. Limitation of Liability
- You agree that, except for death and personal injury arising from our negligence, we shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this contract, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, wasted expense, financial loss, any loss that is not reasonably foreseeable, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).
- You further agree that we shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use by you, or your inability to use, PlantYourAPPLETREE.com or the Services, or for the cost of procuring substitute goods and/or services. Such exclusions shall include damages for loss of data or other intangible assets.
- Any liability we have of any sort (including any liability because of our negligence) is limited to the amount paid by you to us for use of the Services.
- You agree not to hold us liable for any loss or damage incurred as a result of any dealings you may have with others via the Services.
- Each of the exclusions of liability shall be construed separately, and even if any one or more of them proves to be unenforceable, the others shall remain in full force and effect.
6. Client’s information
- You agree to provide true, accurate, current and complete information which you are required to provide when you use our Services and notify us immediately of any changes to your information. Thus, you agree to generally maintain this information as required to keep it current, complete and accurate.
- Your E-mail address must be valid.
- You agree not to impersonate any other person or entity, or to use a false name or a name that you are not authorised to use.
- We reserve the right to terminate your usage of the Services if your information is, or is suspected to be, untrue, inaccurate, out-dated, incomplete, or for any other reason.
7. Your Data
- We will comply with the relevant and current Australia Data Protection laws. Normally, any personal details or your private communications provided to us will not be edited or disclosed to third parties without your prior consent unless compelled to do so by law.
- However, you agree that if we are requested by the police or regulatory or government authorities in investigating illegal activities to provide information concerning your activities whilst using PlantYourAPPLETREE.com, we shall do so. Similarly, we will disclose your personal data to protect and defend our rights or property or, in extreme circumstances, to protect the personal safety of other users of PlantYourAPPLETREE.com or the public.
You agree to indemnify and to hold us harmless immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you, the infringement by you or by any other user of the Services using your computer, of any intellectual property or other right of any person or entity, or any other liabilities arising out of your use of PlantYourAPPLETREE.com or the Services.
9. Our Rights
We reserve the right to modify or discontinue, temporarily or permanently, PlantYourAPPLETREE.com or the Services with or without notice to you. Furthermore, you confirm that we shall not be liable to you or any third party for any modification to or discontinuance of PlantYourAPPLETREE.com or the Services.
10. No Waiver
No waiver by us shall be construed as a waiver of any preceding or subsequent breach of any provision. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
11. Entire Agreement
These Terms and Conditions constitute the entire agreement between the parties with respect to their subject matter and exclude any representations and warranties previously given or made other than any negligent or fraudulent misrepresentation.
12. Choice of Law
These Terms and Conditions shall be governed by Australian law and you hereby irrevocably submit to the exclusive jurisdiction of the Australian Courts.
The headings featured in these Terms and Conditions are solely used for the convenience of all parties and are of no legal or contractual significance. Thus, such headings shall not affect the interpretation of these Terms and Conditions.
14. Commencement of Proceedings
Legal proceedings in respect to any cause of action stemming from or related to the Services must be commenced within one year after said cause of action arose. Otherwise, such cause of action shall be permanently barred.
We reserve the right to assign, subcontract or otherwise resolve with all or any of our rights and obligations in these Terms and Conditions to any third party without prior notice to you.