Terms & Conditions
This Terms of Service and Contract (the “Agreement”) is entered into between BRAINBEANS PTY LTD ACN 667 862 848 (referred to as the “Tutoring Service Provider” or “we”) and the client (referred to as the “Client” or “you” who is the parent /legal guardian of the student).
Below sets out the Terms and Conditions (“T’s & C’s”) of the Client’s enrolment with
- Scope of Services 1.1 The Tutoring Service Provider agrees to provide online tutoring services to the Client which may be varied from time-to-time aimed at supporting your academic requirements. The specific details of the tutoring services, including subject matter, frequency, and duration, will be agreed upon separately between the Tutoring Service Provider and the Client.
- Fees and Payment 2.1 The Client shall pay the Tutoring Service Provider the agreed-upon fees for the tutoring services. Payment terms and methods will be determined and communicated separately between the Tutoring Service Provider and the Client.
- Schedule and Cancellations 3.1 The Tutoring Service Provider and the Client shall mutually agree upon the tutoring schedule, including dates and times for each session. 3.2 In the event of a cancellation or rescheduling, the Client agrees to provide reasonable notice to the Tutoring Service Provider, preferably at least [insert time period] prior to the scheduled session. Failure to provide adequate notice may result in the full charge for the session. Please refer our refund policy for further details
- Client Responsibilities 4.1 The Client shall cooperate and actively participate in the online tutoring sessions, complete assignments, and provide necessary materials or resources as agreed upon. 4.2 The Client acknowledges that success in the tutoring services is dependent on their commitment and effort.4.3 The Client agrees with recording sessions which are made available for student revision.
- Intellectual Property 5.1 All intellectual property rights, including but not limited to tutoring materials, resources, and content, provided by the Tutoring Service Provider, shall remain the exclusive property of the Tutoring Service Provider. 5.2 The Client agrees not to reproduce, distribute, or share any intellectual property provided by the Tutoring Service Provider without obtaining prior written consent.
- Confidentiality 6.1 Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the tutoring sessions. 6.2 The Tutoring Service Provider agrees not to disclose any personal information or records of the Client without obtaining prior written consent, except as required by law.
- Limitation of Liability 7.1 The Tutoring Service Provider shall not be liable for any direct, indirect, incidental, or consequential damages arising out of or in connection with the tutoring services. 7.2 The Client acknowledges that the Tutoring Service Provider’s liability is limited to the amount paid by the Client for the tutoring services. BRAINBEANS does not guarantee that use of our tutoring service will lead to an improvement in academic performance or results. To the full extent permitted by law, BRAINBEANS cannot be blamed for any act or omission relating to the Service and the Client will indemnify BRANBEANS from any dispute, action, claim or proceedings relating to the provision of the Tutoring Service and BRAINBEANS will not be responsible for any losses or damages.
- Termination 8.1 Either party may terminate this agreement upon providing written notice to the other party. 8.2 In the event of termination, the Client shall pay for all outstanding fees owed up to the termination date.
- Governing Law and Jurisdiction 9.1 This Agreement shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia. 9.2 Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of New South Wales.
- Entire Agreement 10.1 This Agreement constitutes the entire understanding and agreement between the Tutoring Service Provider and the Client regarding the online tutoring services and supersedes any prior agreements or understandings, whether written or oral.