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The MyHomeTutor website is operated by BKW Investments Pty Ltd (ABN 46 003 813 258) (referred to as "we", "us" or "our").Your access to, and use of, the MyHomeTutor Service is subject to these terms and our privacy statement. Prior to using the MyHomeTutor Service, you should read and understand the terms of use.

1. Use of licence

  1. You are the MyHomeTutor Service account holder. You may register up to 5 family members as registered end-users.
  2. We will provide each registered end-user with a security identification code ("MyHomeTutor ID") to access the MyHomeTutor Service. The MyHomeTutor ID could take the form of an individual user name and password, a digital certificate or another security-related technology.
  3. You are responsible for all use of the MyHomeTutor Service by your registered end-users and all use of your registered end-users' MyHomeTutor IDs.
  4. Registered end-users are permitted to install the software and associated third-party applications we provide to access the MyHomeTutor Service onto multiple computers provided:
    1. only one computer and registered end-user utilises the MyHomeTutor Service at any single time;
    2. only a registered end-user accesses the MyHomeTutor Service through this computer; and
    3. end-users ensure that non-registered users are not provided with access to the MyHomeTutor Service through the end-user's system.

2. What you must do

  1. You must use MyHomeTutor service in accordance with the terms of use.
  2. The MyHomeTutor ID may be used only for the purposes of accessing the MyHomeTutor Service and for authorising instructions or requests using the MyHomeTutor Service.

3. What you must not do

  1. You must not:
    1. use the MyHomeTutor Service for any activities other than those intended, or post, transmit materials via the MyHomeTutor Service any information or materials, which breach any laws or regulations, or are contrary to any relevant standards or codes;
    2. use the MyHomeTutor Service in a manner which interferes with other users or defames, harasses, threatens, menaces or offends any person or which inhibits any other user from utilising the MyHomeTutor Service;
    3. use another's MyHomeTutor ID without permission;
    4. provide false information when registering or changing your MyHomeTutor registration or payment details;
    5. impersonate another person when using the MyHomeTutor Service;
    6. make unauthorised modifications to the MyHomeTutor Service;
    7. knowingly transmit any virus or other disabling feature to or via the MyHomeTutor Service; or
    8. assist or attempt any of the above acts whilst using or via the MyHomeTutor Service.

4. Service Plans

  1. When you register for the MyHomeTutor Service you will subscribe to a trial plan that allows you to access 2 subjects at no charge for a specified period. At least 2 days before your trial plan ends, we will send you an email asking you to take up one of the following MyHomeTutor Service plans:
    1. a 1 month subscription; or
    2. a 12 month subscription.
    If, before your trial plan ends, you do not:
    1. cancel your trial plan; or
    2. elect to take up a 1 or 12 month subscription plan,
    you agree that we may automatically register you for a 12 month (2 subjects) subscription plan once your trial plan ends. However, within 30 days of the end of your trial plan, you may elect to:
    1. cancel your 12 month (2 subjects) subscription plan and pay only the subscription fee for the first month; or
    2. take up a different subscription plan,
    without incurring an early termination fee as described in clause 6(3). If you take up a different subscription plan and the plan you elect has a lower monthly fee than the 12 month (2 subjects) subscription plan, we will refund to you the difference between the monthly fees for the first month. If the plan you elect has a higher monthly fee than the 12 month (2 subjects) subscription fee, you must pay us the difference between the monthly fees for the first month. Future payments will be based on the subscription plan you are on at the end of the first month.
  2. All MyHomeTutor Service registrations incur MyHomeTutor Service payment unless otherwise stated. Your billing automatically applies to the paperless option, with a minimum of:
    1. one (1) monthly automatic payment applying from the application date for a one (1) month subscription; or
    2. twelve (12) monthly automatic payments applying from the application date for a twelve (12) month subscription.
    Your billing preference is noted as applying to your specified credit card on a monthly basis.
  3. Your account will be regularly debited with the monthly payment. You may request an online e-statement every three (3) months to reconcile your payments for the MyHomeTutor Service supplied.

5. How to cancel your service

  1. If you have signed up for a one (1) month subscription to the MyHomeTutor Service, you may stop using the MyHomeTutor Service at any time after the initial one (1) month period, for any reason, on thirty (30) days' notice to us.If you do not notify us that you wish to stop using the MyHomeTutor Service, your subscription will automatically roll on to another one (1) month subscription.
  2. If you have signed up for a twelve (12) month subscription to the MyHomeTutor Service, you may stop using the MyHomeTutor Service at any time after the initial twelve (12) month period, for any reason, on thirty (30) days' notice to us. If you do not notify us that you wish to stop using the MyHomeTutor Service, your subscription will automatically roll on to a one (1) month subscription for the same monthly fee as the monthly fee for your twelve (12) month subscription.
  3. If you have signed up for a twelve (12) month subscription to the MyHomeTutor Service and you cancel your subscription at any time during the twelve (12) month period, you must pay us an early termination fee equal to 50% of the outstanding charges for the remainder of your subscription. You acknowledge that this amount is a genuine pre-estimate of the loss we are likely to suffer.

6. Third-party content

  1. Some products and services offered for sale or advertised on the MyHomeTutor website are products, services and information provided by third-parties. Such products, services or information are not provided, recommended or endorsed by us.

7. Security

  1. For security reasons, we may occasionally require you to reauthenticate yourself, for example, after a period of inactivity on the connection between your browser and our servers. We are not liable for any information you may lose if our servers terminate your browser session due to prolonged periods of inactivity.
  2. You must comply with all directions issued by us relating to use of your MyHomeTutor ID and access to the MyHomeTutor Service. We are not responsible for providing the computer, hardware, or any other equipment necessary to access the internet or the MyHomeTutor Service.
  3. You must not, and must ensure that your registered end users do not, transmit, provide or disclose your confidential MyHomeTutor ID to any other person or store it in a manner that would reasonably allow another person or entity to obtain access to it, except as specified in clause 7.4 below.
  4. You must not, and must ensure that your registered end users do not, keep the confidential component of your MyHomeTutor ID in a location where it is capable of being copied or used by any other person or disclose the confidential component of your Future School MyHomeTutor ID to any other person.
  5. We are entitled to rely on your MyHomeTutor ID as evidence of your identity and authority for the purposes of the MyHomeTutor Service. These include making payments to us using your credit card details, and nominating e-mail addresses or phone numbers to which we may send billing and payment information relating to the MyHomeTutor Service.
  6. You must immediately notify us if you become aware:
    1. that the confidential component of your MyHomeTutor ID or the MyHomeTutor ID of your registered end user has been compromised or is known by a third-party; or
    2. that authorised person being a parent/guardian/teacher, who in accessing or using Future School Learning Systems agrees to be bound by the terms of use.
  7. In the event that you notify us of either of these things, we will take reasonable steps to deactivate the MyHomeTutor ID and issue you with a new MyHomeTutor ID within a reasonable time. Notice provided by you under this clause does not release you from your responsibilities under the terms of use.
  8. We will take reasonable steps to secure the MyHomeTutor Service and the systems in our control that are used to access the MyHomeTutor Service. However, the internet is sometimes unreliable and is a difficult medium to secure. We do not guarantee the security of the internet, your hardware or any third-party software used to access the MyHomeTutor Service, or any information that passes through such systems.

8. Prices and products and services are subject to change

  1. Prices, product descriptions and service terms are current at the time the MyHomeTutor Service is ordered and will apply for the term of the MyHomeTutor Service plan selected by you.
  2. We reserve the right to change the prices, product descriptions and service terms that will apply if you renew the MyHomeTutor Service, without notice to you.

9. Other charges

  1. You acknowledge that the charges for the MyHomeTutor Service do not include, and that you are responsible for and must pay, all telecommunications charges required to access the MyHomeTutor Service but not included as part of the MyHomeTutor Service.
  2. You must pay all taxes in connection with the MyHomeTutor Service.
  3. All GST has been included in our charges for the supply of the services for the duration of our contract and will be shown on any invoice or statement provided by us to you, the customer.

10. Our liability to you

  1. Given the nature of telecommunication systems, particularly the internet, we cannot guarantee that the MyHomeTutor Service will always be available to you, or will be fault-free or virus-free.
  2. We are not responsible for:
    1. loss caused by factors which could reasonably be considered to be outside our reasonable control, such as faults in third-party equipment;
    2. loss of data
    3. an inability to synchronise data due to change of service address, your failure to update or synchronise data correctly prior to disconnection, or failure of internet services.
  3. Although the MyHomeTutor Service provides a learning service, results will depend on the skill and application of the registered end-user. We do not warrant that the MyHomeTutor Service will deliver improved academic performance or achieve certain education outcomes.
  4. Subject to clause 10.5, we make no guarantee or representation, express or implied, relating to the capabilities or performance of the MyHomeTutor Service and all warranties (whether express, implied, statutory or otherwise) in respect of the MyHomeTutor Service are excluded.
  5. Where any law implies in this agreement any term, and that law voids or prohibits provisions in this agreement which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liabilities for breach of such terms is, if permitted by law, limited to one of the following remedies (at our option):
    1. the supplying of the relevant services again; or
    2. the payment of the cost of having the relevant services supplied again.
  6. Unless otherwise specified in this clause 10, we limit our liability to you to refunding the fees you have paid for the MyHomeTutor Service. We exclude all other liability in tort (including negligence), contract, statute or otherwise for any loss or damage, incurred by you in connection with any act or omission by us under or in relation to this agreement or the MyHomeTutor Service. In particular, we exclude loss of profit, revenue or anticipated savings, economic loss, loss of data or the cost of recreating data, or any indirect, special or consequential loss or damage.

11. Intellectual Property

  1. Nothing in this agreement gives you any right, title or interest in any content, software or other material provided as part of the MyHomeTutor Service.

12. Change of the terms of use

  1. In the event of changes to the terms of use we will notify you of the changes that have occurred. In addition, all changes will be published on the MyHomeTutor website.
  2. Any changes to the terms of use will not affect the provisions of any pre-existing agreement for the supply of the MyHomeTutor Service.
  3. We are not required to notify you if we make changes to the MyHomeTutor website.

13. Transfer of Service

  1. The provision of the MyHomeTutor Service may be taken over by Telstra Corporation Limited ABN 33 051 775 556 ("Telstra") in the future. If Telstra takes over the MyHomeTutor Service, you agree to the novation of your agreement for the MyHomeTutor Service from BKW Investments Pty Ltd to Telstra on the same terms, at the time notified to you.

14. Termination by us

  1. We may stop making the MyHomeTutor Service, or any part of the MyHomeTutor Service, available to you without notice if the supply or use of the MyHomeTutor Service is or is to become unlawful.
  2. We may limit, suspend or cancel the provision of the MyHomeTutor Service at any time by notice to you if:
    1. payment is withheld for any reason or payment is refused by your banking authority;
    2. you are in breach of the terms of use and:
      • the breach is something which cannot be remedied; or
      • you fail to remedy the breach within ten (10) days of our notice to you of that breach;
    3. we believe, on reasonable grounds, there is a real risk of serious loss or damage to us or another if we do not suspend, terminate or limit your access to the MyHomeTutor Service; or
    4. the law requires us to do so.

15. Communication with you

  1. We may communicate with you using an e-mail address or a telephone number nominated by you. When we do this, the following will apply.
    1. You are responsible for ensuring that your contact details for the MyHomeTutor Service are current, your e-mail service is operational and that you check your e-mails regularly for messages.
    2. You must notify us as soon as possible of any changes to your contact details for the MyHomeTutor Service.
    3. If we receive an automated e-mail non-delivery notification, indicating you have not received an e-mail we have sent you, we will use reasonable endeavours to attempt to contact you. We will use the other contact details you submitted in your application, including non-electronic means, but we do not guarantee that we will be able to contact you.
  2. Despite clause15.1, for the purposes of clause 12, we will give you notice by directing your e-mail to the nominated e-mail account.

16. Use of your information and material

  1. Please read our privacy policy located at http://www.myhometutor.com.au/privacy-statement.html. Our privacy policy describes how your personal information is collected, used and disclosed and your rights in relation to accessing and correcting that information. You agree to the collection, use and disclosure of your personal information in accordance with our privacy policy, and in particular to allow us to market goods and services to you or to further our business purposes. We may also disclose your personal information to our partner organisations, which may use your personal information in their dealings with us or to market their goods and services to you. This may continue after you cease acquiring services from us.
  2. You consent to us and our partners calling you, telemarketing to you, or sending commercial electronic messages to you for the purposes of marketing goods and services to you.
  3. If you do not wish us to market our products, services and special offers to you, please contact us at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it . Our partners have their own privacy policies available to you which indicate how you can contact them about the use of your personal information, or to stop receiving marketing materials from them.
  4. When you send us any feedback, suggestions, ideas or other materials in relation to, or via, the MyHomeTutor Service, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our privacy policy.

17. General understanding

  1. This agreement is governed by the law in force in the state of New South Wales, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them for determining any dispute concerning this agreement.
  2. If any of the terms of use are invalid or unenforceable, they will be removed. The remaining terms will remain in force.
  3. You may not assign or transfer your rights or benefits under the terms of use to any other person or entity without our prior consent, which we will not unreasonably withhold.
 
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