AGREEMENT

Terms & Conditions

Please read the following guidelines for our contract-free, online tutoring services.

1. Introduction

1.1 This sets out the Terms & Conditions (“Terms”) of the online tutoring services (“Service” or “Services”) provided by Cloud Tuition (“we”, “us” or “our”) to you as a registered member (“you”, “your” “Parent”, “Student”).

1.2 If you are a student, you must be 15 years of age or older. If you are under 15 years of age, you will need one of your parents/legal guardians to help you with your registration. In that case, both you and your parents/legal guardians (together referred to as “you” and “your”) will need to comply with our Terms.

1.3. Cloud Tuition reserves the right to review and update any of the Terms at its sole discretion. When Cloud Tuition updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication and can only be varied bay written agreement between you and Cloud Tuition. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Our Commitment To You

2.1 At Cloud Tuition, we will always endeavour to meet your expectations by fulfilling your needs. In providing you with our Services, we will:

Provide you with personalised online learning program in line with your learning objectives
Match and assign you with a suitable online tutor (“Tutor”) based on your needs
Provide you with log-in access to your online account (“Online Account”). This will grant you access to the Cloud Tuition online platform (“Online Platform”) and lesson space (“Online Lesson Space”) where your live online lessons will be held (“Lesson”, “Session”).
Provide you with ongoing feedback and reporting as part of the Lesson
Maintain the confidential nature of your personal information, academic performance and use of the Online Platform in line with our Privacy Policy.
Notify you of any changes to the Fees for our Services. In such cases, you are not obligated to accept such Fee changes and reserve the right to cancel your Registration and cease use of our Services.

3. Your Agreement

3.1 In selecting, purchasing and using our Services, you acknowledge and agree to:

Ensure that you have the required equipment to use our Services (“Equipment”) including access to a computer or device with the latest version of your chosen browser, a working camera and microphone and reliable internet access.
Ensure that you run an initial test on your chosen device to check your internet sufficiency and verify that you are able to access our Online Platform and your Lesson. In the case where you face difficulty with this access, you may reach out to Cloud Tuition for assistance.
Pay for your selected and booked Services at least two days prior to each session or by the due date provided to you in your invoices ("Invoice"). Lesson fees ("Payments") should be paid either upfront as a lesson package ("Lesson Pack") or pay-as-you-go for single lessons ("Single Lesson") based on the rates outlined on Cloud Tuition's website and your selected payment method. Failure to do so means that Cloud Tuition will not provide the Service to you.
Payment for your trial lesson ("Trial Lessons") shall be made with the Invoice for your next booked Lesson
Attend your Trial Lesson and ongoing Lessons on the date and time you have booked. Please note that you are able to make changes to your Lessons prior to the booking time subject to our Late Arrivals, Rescheduling & Cancellation Policy below. Failure to attend your Lessons or not providing the minimum cancellation notice required means that your Payments for those Sessions will be forfeited.
Only communicate with your Cloud Tuition tutor/s through our Online Platform, Online Learning Space and provided communication systems in regard to your Lessons booked through us.
Comply with our updated policies and procedures where you consent us recording and reviewing each Lesson for the purpose of quality control, internal training and your personal review. In addition, you comply with our need to record all data through our Online Platform for the purpose of understanding your current learning needs, assessing and reporting on your academic performance and progress, updating our Online Platform and Online Learning Space, conducting research or gathering statistics.
Ensure that Cloud Tuition has invested significant resources and time to provide you with personalised learning support and content through our learning platform. This content should only be used by you and you will not provide any third-party with access to this content.

3.2 For any Services that you select, purchase and schedule, you may opt to process your Payments through one of the following methods ("Payment Method"):

Online credit card payments via Stripe (“Manual Payment”) made either from invoices that are emailed to you or invoices that appear in your Online Account.
Direct debit charge to your nominated card made by us via Stripe (“Automatic Payment”) in the case where you elect to save your card details and have opted for us to process Invoices on your behalf where the option is made available to you. By granting us this permission, you acknowledge and accept that we will process the Automatic Payment to your saved card by us on the due date stated on each Invoice. As a result, any Invoices that are sent to you via email or appear on your Online Account will only be for reference and will require no further payment.
All payments for Services are to be made using one of the listed Payment Methods. In using the Services or when making any Payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the terms and conditions of the Payment Methods (i.e. Stripe) available on their website.
Where a request for a Payment is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, you will be liable for any costs, including banking fees and charges, associated with the Payment.

4. Late Arrivals, Rescheduling & Cancellations

At Cloud Tuition, we will always try to provide our Services to the highest quality standard possible. However, please note that errors may arise in our attempt to provide you with these Services despite our best guarantee. That being said, the following guidelines below have been set out to ensure clarify for both parties:

4.1 Late Arrivals & Missed Lessons

If time during a Session is lost due to the late arrival by your Tutor or due to technical issues associated with our Online Platform and Online Lesson Space, Cloud Tuition will compensate you for the loss of time by rescheduling your Lesson to an alternative date agreed by you and your Tutor. If an alternative date cannot be agreed upon, you will be provided with credit to your Online Account ("Lesson Credit") proportional to the lost time.
If a Session is missed by a Tutor, Cloud Tuition will investigate the matter on your behalf and will take appropriate action to ensure that you are provided will full Lesson Credit for the cost of that Session. Furthermore, we will ensure that measures are taken to address your concerns and avoid the loss of quality associated with our Service.

If time during a Session is lost due to the late arrival of a Student, Cloud Tuition or your Tutor will endeavour to contact you 15 minutes after the start of the Session. In such case, you will still be able to connect to the Lesson and use the remaining time left based on the initial booking. However, you acknowledge and agree that you will not be entitled to Lesson Credit or any compensation for the lost time.
If a Session is missed by a Student, the Payment for the Lesson will be forfeited and will be non-refundable.

4.2 Trial Lessons

All Trial Lessons can be rescheduled or cancelled at any time. However, we kindly request that you provide us with a minimum of 48-hours prior notice for any changes that you wish to make.
Please note that you will not be entitled to another trial if your Trial Lesson has been completed or missed.
Trial Lessons are available to all new Students

4.2 Rescheduling & Cancelling By Families

You acknowledge and agree that all changes to your Services must go through Cloud Tuition for record-keeping and communication purposes.
To reschedule a Lesson, you agree to provide us with a minimum of 24-hours prior notice ("Minimum Notice"). The rescheduled session ("Rescheduled Session" or "Rescheduled Lesson") will be moved to an agreed upon date and time made between you and your Tutor.
To cancel a Lesson, you agree to provide us with the Minimum Notice required. In such case, you will be compensated with full Lesson Credit to your account for the session cancelled ("Cancelled Session" or "Cancelled Lesson").
If you wish to reschedule or cancel a Lesson but have not provided us with the Minimum Notice required, you acknowledge and agree that your Payment for the session will be forfeited to recover the costs associated with preparing for your learning program and securing your Tutor.

4.3 Rescheduling & Cancelling By Cloud Tuition

If your Tutor requests to reschedule a Lesson, you reserve the right to agree to or decline such change. If you agree to this change, the Rescheduled Lesson will be moved to an agreed upon date and time made between you and your Tutor. However, in the case where you do not wish to reschedule the session, you will be compensated with full Lesson Credit to your account for the Session booked.
If Cloud Tuition or your Tutor cannot fulfil a Lesson that you have booked, Cloud Tuition will endeavour to find you a replacement Tutor with your approval. In the case where a replacement cannot be provided and we must cancel the session, you will be compensated with full Lesson Credit to your account for the Cancelled Lesson.

4.4 Refunds

You may be entitled to receive a refund for a Payment in the following circumstances:

Under our 100% Money-Back Guarantee, you will not be charged for your Trial Lesson if you are unhappy with the quality of service you have received or simply choose to not proceed with our Service. In such case, you will not be required to make any Payment for your completed Trial Lesson.
Cloud Tuition cannot fulfill a Service that you have booked and rescheduling the Services or providing you with Lesson Credit for the respective Sessions poses a significant inconvenience to you.
Cloud Tuition has chosen to discontinue the Service or your access to the Service
You have chosen to discontinue your enrolment with Cloud Tuition. In such case, all Lesson Credit existing in your Online Account shall be forfeited

4.5 Lesson Credit & Expiration

All Lesson Credit that you have received in your Online Account is automatically applied to your next invoice. Please note that all Lesson Credit notes have a 180-day validity period from the date of issue before they expire.

5. Cancelling Your Enrolment

At any time, your enrolment with Cloud Tuition and access to our Services ("Enrolment") may be cancelled:

If you choose to cancel your Enrolment and do not wish to continue with Cloud Tuition, please provide us with the Minimum Notice required before any of our scheduled Sessions as per our Rescheduling & Cancellation policy outlined above. In such case, you will no longer have any further obligations to Cloud Tuition and Cloud Tuition will have no further obligations to provide Services to you.
Cloud Tuition reserves the right to discontinue or cancel your Enrolment at any time if you breach any provision of the Terms or any applicable law, if Cloud Tuition is required to do so by law, your requested Services are discontinued or if your conduct unfairly impacts Cloud Tuition's name or ability to provide our Services.

6. Copyright & Intellectual Property

6.1 The website www.cloudtuition.com, www.cloudtuition.com.au or any of it subpages (“Website”), our Services and all related products of Cloud Tuition are subject to copyright. The content on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Cloud Tuition or its contributors.

6.2 Cloud Tuition retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website or its Services will transfer any:

Business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright,
Right to use or exploit the business name, trading name, domain name, trademark or industrial design, or
Item, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you

6.3 You may not, without the prior written permission of Cloud Tuition and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to content on the Website, which are freely available for re-use or are in the public domain.

7. General Disclaimer

7.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

7.2 Subject to this clause, and to the extent permitted by law:

All terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
Cloud Tuition will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

7.3 Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Cloud Tuition make any express or implied representation or warranty about the Services referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
The accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party content and advertisements on the Website);
Costs incurred as a result of you using the Website, the Services or any of the products of Cloud Tuition; and
The Services or operation in respect to links which are provided for your convenience.

8. Limitation of Liability

8.1 By using our Services, you agree that Cloud Tuition is not to be held liable for any decisions you make based on any of our Services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold Cloud Tuition liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, learning resources or techniques used or provided by Cloud Tuition.

8.2 You understand and agree that all information on both the Website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, financial or legal advice. You accept that Cloud Tuition does not guarantee academic progress ("Results") and takes no responsibility for your actions, choices or decisions.

8.3 Cloud Tuition's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

8.4 You expressly understand and agree that Cloud Tuition, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

8.5 You acknowledge and agree that Cloud Tuition makes no representations about the accuracy, reliability, completeness or timeliness of the materials used for or during its Services ("Materials") or the results to be obtained from using these Materials, Services and the Website. In addition, you understand and accept that you are to use and access these Materials, Services and the Website at your own risk and that Cloud Tuition may periodically make changes at any time.

8.6 You acknowledge and accept that Cloud Tuition will always strive to support you to help you achieve your academic potential. However, you understand and agree that Cloud Tuition cannot guarantee that use of the Services and Materials will lead to your desired results. Using our Services, you accept these Terms and release us from all claims regarding any Results that are obtained by you.

9. Indemnity

To the fullest extend permitted by law, you acknowledge and agree to indemnify Cloud Tuition, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

All actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content and our provision of Services to you;
Any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
Any breach of the Terms.

10. Dispute Resolution

If a dispute ("Dispute") arises out of or relates to the Terms, you or Cloud Tuition (both referred to as "Party") may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought):

10.1 Written Notice
A Party to the Terms claiming a dispute has arisen under the Terms, must give written notice ("Written Notice") to the other Party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

10.2 Resolution
On receipt of that Written Notice by that other Party, the Parties to the Terms must:

Within 14 days of the Written Notice, endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
If for any reason whatsoever, 14 days after the date of the Written Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
The mediation will be held in Queensland, Australia.

10.3 Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

10.4 Termination of Mediation
If two weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

10.5 Venue & Jurisdiction

The Services offered by Cloud Tuition is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

10.6 Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the Parties hereto and their successors and assigns.

11. Independent Legal Advice

Both Parties confirm and declare that the provisions of the Terms are fair and reasonable and both Parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

12. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.