Aloki Tutoring Pty Ltd
Website and Mobile Application
Terms and Conditions
RECITALS
A. Aloki Tutoring Pty Ltd (ABN 73 618 669 275) (“Aloki”) operates an online platform at www.aloki.one (“the Website”) as well as a mobile application (“the Application”) (together
known as “the Aloki platform”) through which Students can search for, and book a Tutoring Lesson with Tutors by submitting a Booking Request to the Tutor. Tutors can then accept or decline the Booking Request through the Aloki platform.
B. Tutors are in the business of providing Tutoring Lessons.
C. Aloki does not offer the Tutoring Lessons itself but is a third party facilitator of the contracts between the Students and Tutors. Accordingly, Aloki can receive Students’ requests for Tutoring
Lessons, issue invoices on behalf of the Tutors and pass on payments to the Tutors.
D. The Student therefore enters into two contractual relationships, the first contract being with Aloki, governing the access to and use of the Aloki platform in accordance with the terms and conditions of this Agreement. The second contract being with the Tutors for the provision of the Tutoring Lessons.
AND THE PARTIES HEREBY AGREE:
Access to and use of the Aloki platform is subject to the terms and conditions outlined in this agreement (the “Terms”).
1. Definitions and Interpretation
1.1. In these Terms (including the recitals), unless the context otherwise requires:
“Booking” means the booking made by the Student on the Aloki platform for the provision of Tutoring Lessons by the Tutor;
“Booking System” means the online system which enables you to make a Booking;
“Tutoring Fee” means the fee (inclusive of goods and service tax, if applicable) for the Tutoring Lessons charged on an hourly basis, as advised by the relevant Tutor from time to time;
“Intellectual Property Rights” means all present and future rights anywhere in the world in relation to copyright, trademarks, designs, patents or other proprietary rights, or any rights to registration of such rights whether existing before or after your access to the Aloki platform;
“Payment Amount” means the amount that the Student is required to pay for the Tutoring Lessons under the Booking;
“Site Content” means all material, content and information made available on the Aloki platform including but not limited to written text, graphics, images, photographs, logos, trademarks, audio
material, video material and any other forms of expression;
“you”, “your” means you as the user of the Aloki platform.
1.2. In these Terms, unless the context otherwise requires:
(a) headings are for convenience only and do not affect its interpretation or construction;
(b) the singular includes the plural and vice versa;
(c) references to recitals, clauses, subclauses, paragraphs, annexures or schedules are references to recitals, clauses, subclauses, paragraphs, annexures and schedules of or to these Terms;
(d) words importing a gender include other genders;
(e) the word “person” means a natural person and any association, body or entity whether incorporated or not;
(f) where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;
(g) a reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;
(h) all monetary amounts are in Australian currency;
(i) a reference to time refers to Eastern Standard Time;
(j) “includes” is not a word of limitation;
(k) no rule of construction applies to the disadvantage of a party because these Terms are prepared by (or on behalf of) that party;
(l) a reference to any thing is a reference to the whole and each part of it;
(m) a reference to a group of persons is a reference to all of them collectively and to each of them individually; and
(n) a reference to a document includes all amendments or supplements to, or replacements or novations of, that document.
2. Terms and Conditions
2.1. Access to and use of the Aloki platform is subject to the terms and conditions outlined in this agreement (the “Terms”).
2.2. Aloki periodically reviews the Terms and reserves the right to change the Terms, without any notice to you, by updating this document. You should review this document, as available on the Aloki platform, regularly as any changes to the Terms take immediate effect from the date of the publication on this document. Your continued use of the Aloki platform after any such changes are made will be deemed to constitute your acceptance of those changes.
2.3. You acknowledge that any hyperlinks or other redirection tools taking you to other websites or applications operated by third parties that appear on the Aloki platform (“Third Party Sites”) are not controlled by Aloki and do not form part of the Aloki platform. You agree that you will not hold Aloki liable or in any way accountable for anything that occurs on any Third Party Site.
3. Acceptance
3.1. In order to use this Aloki platform and make a Booking, you must first agree to the Terms.
3.2. You accept the Terms by:
(a) creating a Student Profile; and
(b) clicking to accept/agree to the Terms.
3.3. Notwithstanding clause 3.2, you may not accept the Terms or access the Aloki platform if: you are a person barred from entering into contracts under legislation, in which case, you must
immediately leave the Aloki platform.
3.4. By accepting the Terms, you agree that you have carefully read and understood the Terms and agree to be bound by them.
3.5. If you do not understand any part of the Terms you should seek independent legal advice.
4. User Profile
4.1. You will be required to register your personal information, including your name, address, phone number and payment details on the Aloki platform in order to make a Booking (“Student Profile”).
4.2. You will be issued with a username and password, which are linked to your User Profile. The username and password are personal to you and are not transferable. You are responsible for all
information posted on or transmitted via the Booking System by anyone using your username and password and any payments due for the Tutoring Lessons acquired through the Booking System by anyone using your username and password. You should notify us of any breach of security of you username and password immediately.
4.3. You must manage Bookings through the Aloki platform; cancelling and rescheduling as and when needed.
4.4. Aloki may delete or block User Profiles at its own discretion. Blocked users are prohibited from setting up a new User Profile.
5. Booking System
5.1. To make a Booking, you must login to your User Profile and use the Aloki platform to search for a Tutor. You may use search fields such as location, age, availability, gender and highest education received, or you may use the map function to search for a Tutor using the above search fields.
5.2. Once you have found a suitable Tutor, you may request a Booking from the Tutor at a time, location and venue that is suitable to you both. There is a minimum one (1) hour duration for a Booking. You will receive a Booking Request confirmation receipt from Aloki after submitting your Booking Request.
5.3. Once the Tutor accepts your Booking Request, Aloki will then make your contact details, location, requested time and the scope of the Tutoring Lesson available to the Tutor.
5.4. You are able to select a preferred Tutor. Aloki will take your preference into account when facilitating the Tutoring Lesson, however a specific Tutor cannot always be guaranteed and will depend on the Tutor’s availability.
5.5. When a Booking is confirmed by a Tutor, Aloki will issue you with an acceptance email. Aloki will not, in anyway, have any involvement between you and the Tutor after this point in time, aside from processing the Payment Amount on behalf of the Tutor and providing you with an invoice in accordance with clause 6.4.
5.6. If the requested Booking cannot be facilitated, you are able to arrange an alternative time for the Tutoring Lesson with the Tutor or other preferred Tutor directly and in accordance with the process outlined in clauses 5.1 to 5.5 above.
5.7. You are not permitted to engage the Tutoring Lessons of a Tutor other than through the Booking System on the Aloki platform.
5.8. The Booking System is provided on the Aloki platform to enable you to make legitimate Bookings and to make payments for those Bookings, and for no other purposes.
5.9. You agree that all information supplied by you in using the Aloki platform and the Booking System will be true and accurate at all times.
5.10. Any speculative, false or fraudulent Booking is prohibited. You agree that the Booking System will only be used to make legitimate Bookings for you or another person for whom you are legally authorised to act. You acknowledge that abuse of the Booking System may result in you being denied access to the Booking System.
5.11. Aloki has the right at any time to add, change or withdraw functions available on the Aloki platform at its own discretion.
6. Payment
6.1. You agree that at the time of Booking, your payment details will be transferred to Aloki’s secure payment gateway. Aloki may check the availability of funds on your nominated payment method to ensure sufficient funds are available.
6.2. Upon the successful completion of your Tutoring Lesson, you agree to the automatic debit of the Payment Amount to your nominated payment method. You must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit will be passed onto you.
6.3. On receipt of the Payment Amount, Aloki will hold the Payment Amount on behalf of the Tutor until such time as they are remitted to the Tutor, refunded to you (if you are entitled to a refund) or transferred to Aloki in payment of our fees and charges. No interest will be payable by Aloki to you or the Tutor on amounts held by Aloki.
6.4. Aloki, on behalf and in the name of the Tutor, will issue you with an invoice.
6.5. Your payments to Aloki are processed via a third party gateway and from time to time, financial institutions or payment providers may charge an additional fee for transacting with Aloki.
7. Changes and Cancellations
7.1. You can cancel or amend a Booking on the Aloki platform, free of charge, up to 24 hours before the Tutoring Lesson is scheduled to begin. 7.2. If you cancel or amend a Booking between 12 and 24 hours before the Tutoring Lesson is scheduled to begin, you will have to pay cancellation costs equivalent to half of the Tutoring Fee. If you cancel or amend a Booking within 12 hours before the Tutoring Lesson is scheduled to begin, you will have to pay cancellation costs equivalent to the full amount of the Tutoring Fee.
7.3. You cannot amend, extend or cancel a Booking during the performance of the Lessons.
7.4. The Tutoring Agreement shall expire once the Tutoring Lessons under the Booking have been performed.
7.5. If the Tutor is unable to fulfil a confirmed Booking (in full or part), we will attempt to find you a replacement Tutor. If we cannot find you an alternative Tutor, we will reschedule your Booking to a new time which suits you. If we cannot find a suitable time for you, you may cancel the Booking at no charge.
8. Tutoring Lessons
8.1. Aloki operates the Aloki platform as a third party facilitator for the Tutoring Lessons and provides you with the platform to purchase the Tutoring Lessons.
8.2. Aloki is not an agent or broker for you or the Tutor. While Aloki does carry out the relevant Working With Children Checks and Police Background Checks in each State and Territory, you enter into any transaction with a Tutor entirely at your own risk.
8.3. Aloki uses their best efforts to monitor the Tutoring Lessons offered by a Tutor. However, Aloki does not make any representation as to the safety, quality or standard of any Tutoring Lessons provided by the Tutor. Any issues regarding safety, quality or standard should be notified to Aloki, who will then pass the issue onto the Tutor designated to your Booking.
8.4. All bookings are subject to Tutor availability.
9. Tutor Ratings
9.1. You can post ratings on the Aloki platform for the Tutoring Lessons provided (“Ratings”).
9.2. Ratings must be based on demonstrable facts. They must be written fairly and objectively and must not contain any content which is offensive or abusive, liable to criminal prosecution or otherwise unlawful (e.g. content which infringes third parties’ intellectual property rights). Ratings which violate this clause will not be published or will be deleted. Ratings will identify the User that has posted the Rating.
9.3. By sending in a Rating, you grant Aloki, free of charge, the usage rights to the text of the Rating without any territorial or time limitation.
9.4. Aloki will have the right to deal with the Rating in any manner it sees fit, including using it for further Rating Services, passing it on to third parties or publishing it.
9.5. Unjustified multiple Ratings, self-Ratings and other forms of Rating which attempt to have a distorting influence on the Rating system are prohibited.
10. Termination
10.1. Aloki may at its discretion terminate your use of, or access to, the Aloki platform at any time. If this happens we may notify you by email. If your use of the Aloki platform is terminated:
(a) you are no longer authorised to access the Aloki platform or use any other Aloki Services with the email address you used to register with the Aloki platform or any other email address you
possess;
(b) you will continue to be subject to and bound by all restrictions imposed on you by the Terms; and
(c) all licences granted by you and all disclaimers by Aloki and limitations of Aloki’s liability set out in the Terms or elsewhere on the Aloki platform will survive termination.
10.2. You may terminate this agreement by emailing Aloki at alokihelp@aloki.one. Aloki will disable your User Profile within fourteen (14) days of receipt of the email requesting termination of your User Profile.
10.3. Aloki reserves the right to deduct any outstanding fees and charges owing to Aloki and/or the Tutor on your User Profile prior to disabling it.
11. Dispute Resolution Policy
11.1. Aloki will use reasonable endeavours to mediate any dispute concerning the use of the Aloki platform.
11.2. Disputes in relation to the Tutoring Lessons carried out by a Tutor or any other issue will be referred, where appropriate, to external dispute resolution Services or authorities.
11.3. Any issues with the service must be reported to Aloki within 24 hours. You must provide us with evidence of an unsatisfactory lesson within 24 hours of completion of the Tutoring Lesson.
12. Security of Payment
12.1. We have taken all practical steps from both a technical and systems perspective to ensure that all of your information is well protected. A secure payment gateway is used to process all transactions and credit card details. Aloki does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorised access to your information.
13. Privacy
13.1. Aloki collects and stores the personal information you enter into the User Profile. The personal information collected by Aloki will be maintained in accordance with our Privacy Policy available on the Aloki platform.
13.2. You agree that Aloki will disclose your personal information, including your name, address and phone number to the Tutor in order for the Tutor to carry out the Tutoring Lessons.
14. Intellectual Property
14.1. The Site Content is protected by copyright and Aloki reserves all Intellectual Property Rights that may subsist in the Site Content and/or the Aloki platform.
14.2. By accepting the Terms, you are granted a non-exclusive licence to:
(a) view the Aloki platform;
(b) print pages from the Aloki platform in its original form; and
(c) download any material from the Aloki platform for caching purposes only.
14.3. You must not, without Aloki’s prior written consent which may be withheld at its absolute discretion:
(a) copy, republish, reproduce, duplicate or extract Site Content;
(b) redistribute, sell, rent or licence any Site Content; or
(c) edit, modify or vary the Site Content.
15. Acceptable Use
15.1. You must not use, or cause this Aloki platform to be used, in any way which:
(a) breaches any clause of the Terms;
(b) infringes Aloki’s or any third party’s Intellectual Property Rights;
(c) is fraudulent, illegal or unlawful; or
(d) causes impairment of the availability or accessibility of the Aloki platform.
15.2. You must not use, or cause this Aloki platform to be used, as a medium which stores, hosts, transmit sends or distributes any material which consists of:
(a) spyware;
(b) computer viruses;
(c) Trojans;
(d) worms;
(e) keystroke loggers; or
(f) any other malicious computer software.
16. Indemnity and Liability
16.1. General indemnity
You agree to indemnify Aloki, on demand, against any claim, action, damage, loss, liability, cost,charge, expense or payment which Aloki may pay, suffer, incur or are liable for, in relation to any act you do or cause to be done, in breach of the Terms.
16.2. General limitation of liability We will not be liable to you in contract, tort or equity in relation to any direct, indirect or consequentia loss you incur in relation to the contents, use or reliance of Site Content or otherwise in connection with the Aloki platform.
16.3. Tutoring Lessons Liability To the extent permitted by law, Aloki will not be responsible and will be excluded from all liability, for any loss or damage whatsoever (including personal injury, loss of life and damage to property) that you or another person may suffer in connection with the offer or supply of (or default in supplying) the Tutoring Lessons.
16.4. Information accuracy You acknowledge and agree that some of the Site Content may be provided by way of blogs or comments made by other users of the Aloki platform (i.e. Ratings), and that Aloki does not accept any liability for the accuracy of such information or your reliance on the same. The Site Content is provided to you as general information only and is not intended to substitute or replace the advice of a duly qualified professional (where applicable).
16.5. Acceptance
By using this Aloki platform, you agree and accept that the indemnity and limitations of liability provided in this clause 16 are reasonable.
17. Warranties and Representations
17.1. The use of this Aloki platform is at your own risk. The Site Content and everything from the Aloki platform is provided to you on an “as is” and “as available” basis without warranty or condition of any kind.
17.2. None of Aloki’s affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors make any express or implied representation or warranty about the Site Content or Aloki platform.
18. General Provisions
18.1. Any provision of, or the application of any provision of these Terms which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
18.2. Any provision of, or the application of any provision of these Terms which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
18.3. If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in these Terms.
18.4. These Terms shall be governed by and construed in accordance with the law for the time being applicable to the Commonwealth and you agree to submit to the non-exclusive jurisdiction of the Commonwealth Courts.