Terms and Conditions of services provided by MorphDesigns Pty Limited [Tutewiz]
MorphDesigns Pty Limited, a company incorporated in Australia, ACN Number 643848408 provides online tutoring classes (“Tutewiz”), shared content and student counselling and assessment sessions (“Services”) to students (“Students”) and to parents and/or their Guardians (“Parents”) collectively called “Clients”.
These Terms and Conditions are legally binding to Clients for using these and associated Services. These Terms and Conditions regulate the business relationship between Tutewiz and Client when Client uses or agrees to use the tutoring services provided by Tutewiz.
Please read the following Terms and Conditions carefully before accepting our service proposal and making payment(s) against our invoices. The payment of our invoices or the use of our Services indicates the acceptance of the following Terms and Conditions and your agreement to be bound by them.
Terms And Conditions
The following terms and conditions form a binding agreement between the Client and Tutewiz. Tutewiz reserves the right to alter these terms and conditions and/or change these terms and conditions at any time without advance notice. The continued use of our services after any change means the Client has accepted the changed terms and conditions.
The information contained in this document (“Information”) has been prepared for general information and it is not intended that the Information be relied on by recipients. Tutewiz does not give any warranty as to the accuracy, reliability, or completeness of the Information and accepts no responsibility for updating or correcting any part of the Information.
Tutewiz and its employees, contractors and consultants do not accept any liability (whether arising in contract, or tort, or negligence or otherwise) for any error, omission or misrepresentation in relation to the Information or for any loss, damage, cost or expense (whether direct, indirect, consequential or otherwise) incurred by any person whatsoever arising out of or referable to the Information on this document.
By agreeing to use and pay for the service provided by Tutewiz, you agree to these terms and conditions of service. If a breach of any of these terms is found, the Client’s service will be terminated.
We disclaim any warranty that any information, advice and material obtained in the course of providing the Service will be accurate, complete, reliable, current, useful or error-free. To the extent permissible at law, the Service is provided on an “as is” and “as available” basis, without warranties of any kind other than those prescribed under the Australian Consumer Law or other applicable law.
Tutewiz does not exercise any control over all the content or delivery of the Service. To the extent permissible at law, opinions, advice, representations and other information or content expressed or made available while providing the Service, are provided by their respective authors/makers’ authors and not Tutewiz, or its staff.
Tutewiz does not make any representations or warranties that the Website, and/or Student access to the Service and/or the Centre will be uninterrupted or always available. Tutewiz does not guarantee that any given tutorial or other planned activity will always be available or performed as scheduled.
Tutewiz does not provide, nor do we accept any responsibility or liability for a Student’s devices nor any other costs associated with their use of the Service, nor for the safety or security of any personal belongings used by the Student.
You accept that information or advice found or made available through the Service and at the website or through our sales agents is general information, is not in the nature of advice and is not guaranteed to be error-free. Independent enquiries should be made before relying on anything said or done during the provision of the Service.
The Service is not intended to replace regular class attendance or each Student’s own taking or generating of notes. The Service is intended to be used in conjunction with and not as a substitute for a student’s own study notes and directions from their regular teachers. The student is responsible for maintaining classroom attendance and good study habits and following the necessary syllabus.
Tutewiz does not represent or warrant that using the Service will lead to any particular study outcome or academic result and disclaim any warranty that the Service can be relied upon.
Where legislation (including the Australian Consumer Law) implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability and the remedies available to you will be limited to the extent permissible at law.
To the extent permissible at law, in no circumstance will Tutewiz be liable to you for any indirect, incidental, special and/or consequential loss or damage (including loss of profits, revenue, production, goodwill, data or opportunity including educational opportunity) of any nature arising through or as a result of your use of the Service or materials purchased or obtained through it.
Tutewiz is the sole owner of all information collected on the website and this form. You acknowledge and consent that any Information provided to Tutewiz in connection with the use of their service may be used by Tutewiz for its own purposes, including but not limited to marketing purposes, planning, product development and research purposes. Your personal information will be kept absolutely confidential by Tutewiz and will not be given to any other party except as agreed by you in the course of business terms and conditions, or if formally requested by law enforcement agencies.
If you disclose to Tutewiz or we find out certain information about you that Tutewiz believes could be harmful to you or to others, we may disclose this information to the relevant authorities, including your parents, your school, a health care professional or anyone else we deem necessary that will assist Tutewiz with dealing with the situation.
By agreeing to our service, you also consent to any images/video/audio taken during lessons or out of Students time for any marketing purposes.
3. Copyright, Trademarks & Intellectual Property
Copyright in all information and other materials used within (including information and its arrangement) are owned by Tutewiz. All rights are reserved. Students may access materials on our Websites/shared content portal/Google classrooms during the term of their enrolment. Copyright in materials provided through the Service is either owned by Tutewiz or licensed (whether explicitly or implicitly to us).
Except as permitted under applicable laws, no part of their services may be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purpose without the express written consent of Tutewiz. You may imprint, copy, download or temporarily store extracts from their services for your personal information or when you use Tutewiz products and services. You must not alter anything. In particular you may not use a part of this website on any other website, or link any other website to this website, without the express written consent of Tutewiz.
Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation throughout the world, and except as expressly authorised under such legislation by this Agreement, with Tutewiz’s prior written permission or where you are the owner of copyright in the materials in question, you may not in any form or by any means reproduce, copy, adapt, translate, store, distribute, re-distribute, purport to sub-license, on-sell, print, display in public, perform, communicate to the public or create derivative works from the materials Tutewiz provides or make available in the course of providing the Service, or any substantial part thereof. Such materials are licensed to you/the Student for personal, private, non-commercial use only.
Any resources given to the Client by a Tutor from Tutewiz should not be shared with other students who do not attend lessons with Tutewiz. Instead, they should be kept to the benefit of the Client.
The brands “Tutewiz”, “Tutewiz” and “Morph Designs”, including any logo version of that trade mark, belong to Morph Designs Pty Limited and may not be used by you without Morph Design’s prior written consent.
4. Services & Information
By agreeing to accept the service provided by Tutewiz, whether that be weekly classes or a custom class schedule, the Client understands that our tutors are trained to help them excel in the enrolled course to the best of their ability. All students have access to the resources of the company as advertised and are also able to contact their tutor at any time. By purchasing tuition, the homework and assessment marking is included in that cost for every subject that they are enrolled in, any extra subjects that they are not enrolled in can be included by either enrolling in tuition or any additional custom services ( as required) depending on the needs of the Client. Tutewiz performs our services in a manner to respect student confidentiality. We voluntarily follow the Code of Conduct as set out by the Australian Tutoring Association that obliges us to use our resources for the best educational outcomes for students, use our teaching and learning practices to enhance out student’s self-esteem and confidence to learn and use our skills to the best of our ability to teach students so that they improve in the subjects in which they receive tuition.
Upon enrolment and at other times during the course of providing the Service, we may collect information, including your and the Student’s names, address, dates of birth, email addresses, phone numbers and other relevant details. We may ask to be kept updated on your academic performance.
You agree to provide accurate and complete information and to keep this information updated when interacting with us. You declare that the information provided to us for the purposes of enrolment and seeking and continuing enrolment will be complete and accurate.
Entitlement to enrolment and other Services is conditional on us receiving the applicable acceptance to our proposal and any other necessary initial forms. The applicable Fees are indicated and updated from time to time. Except as set out in this Agreement, Fees are payable on the basis that the Student is enrolled for and required to pay in respect of the duration of the proposed period but we allow the payment to be made in instalments as indicated in the proposal. The fees will be calculated at a rate agreed in advance between Tutewiz and the Client based on the proposal provided.
All fees are to be paid in advance prior to the commencement of the tutoring sessions.
Fees are charged and payable in Australian dollars (AUD), Fees are exclusive of and do not include any Goods and Services Tax (“GST”) that may be payable in relation to the provision of the Service unless otherwise stated and in the event that GST is payable you must pay to us an additional amount equal to the amount of any GST payable by the supplier of the Services.
Unless we agree otherwise in writing, Fees do not include charges relating to the supply of any printed or other materials or optional additional services, for which additional charges may apply as notified from time to time.
The billing process will be under the control of Tutewiz. The Client will pay for each term in full at the time of booking. This payment can be made via credit/debit card or direct bank transfer.
You warrant that there will be sufficient funds or credit facilities to cover the order amount. We reserve the right to obtain validation of your payment details before granting use of the Service. If we have attempted to charge your card three times and there were insufficient funds you may incur an administration fee of $50 to reinstate your account.
7. Cancellation Policy
Clients may always cancel and reschedule a one on one session more than twenty-four (24) hours in advance of the designated start time. This is done by emailing Tutewiz and letting them know in writing [email@example.com]. Cancellations made more than twenty-four hours in advance will incur no penalty, and will result in a rescheduled lesson within the same week. Cancellations made less than twenty-four hours in advance of the designated start time will be considered “late cancellations” and will be charged as normal. Clients enrolled in group lessons are unable to reschedule or cancel lessons that are within their lesson plan, but will have access to the online resources and chat channels enabled by the tutor.
If Tutewiz needs to cancel a session, a make-up class will be scheduled at the earliest.
8. Student Conduct & Behaviour
In the course of attending lessons or otherwise using the Service Students must not:
Do anything that is disruptive or damaging to others or the Tutewiz facilities, environment and personnel. This includes refusing requests that mobile phones and other similar devices be turned off or kept on silent mode during classes;
Say or represent anything that is defamatory of another student or any other person or do or say anything that is racist, homophobic, misogynistic, abusive, hateful, threatening, hostile, intimidating, bullying, harassing or constitutes an invasion of privacy;
Incite hatred or discrimination against any person or group of persons;
Engage in conduct that is misleading, false, deceptive, insulting, derogatory or
Infringe any third party’s intellectual property rights (including copyright) or breach confidentiality;
Do or say anything that is vulgar, obscene or profane, is inflammatory or contains expletives;
Do anything that involves use of a photograph or other likeness, or personal or private information of another person without their consent;
Do or say anything that involves impersonating another person (especially but not only teaching staff or our staff) or misrepresents your relationship with any person;
Bring or permit third parties who are not enrolled into our Services for the purpose of using the Service; or
Promote or encourage unlawful conduct or activities.
If Tutewiz becomes aware of any Student conduct that breaches the terms of this Agreement, we may terminate this Agreement, and/or terminate or suspend the Student’s Enrolment or other access to classes and Services. In addition, we may also seek any other remedies available at law. We may also disclose a Student’s identity (and if appropriate your identity as the Student’s parent or guardian) and related information in the event that we receive a complaint (for example, from another Student or their parent/guardian), if legal action is threatened or commenced against us and/ or in respect of the Student’s conduct and activity. We have the right to escort and remove/ terminate access to the online tutoring services for inappropriate behaviour.
This Agreement may be terminated by us on written notice to you if there is a breach of this Agreement and we have provided you with 7 days’ written notice to remedy that breach and you have not remedied the breach, or immediately if the breach is incapable of remedy. No refunds are available in the event of termination for your/ Student breach.
9. Late Arrival & No-Show Policy
There will be no rescheduling or discount allotted for late arrival. If Client shows up to the session late but within fifteen
(15) minutes of the designated start time, the session will be held for the remainder of the time reserved. A Client is considered a “no-show” if he/she fails to show up to the session within fifteen (15) minutes of the designated start time. If the Client is over fifteen (15) minutes late, the session will be cancelled.
10. Special Offers & Rewards
Occasionally, Tutewiz may provide special promotional offers such as a free day pass or ‘bring a friend’ promotions. Each such offer will have and be subject to its own terms and conditions, but if you sign-up to a special promotion you also agree to be bound by this Agreement.
Tutewiz may also provide incentive schemes designed to reward you for introducing or referring others who take up enrolment. Where you have referred such Students to us by providing their details to us, we may provide you with rewards such as vouchers or other benefits subject to that Student enrolling to the services offered by Tutewiz
11. Trial Lessons
Tutewiz requires a $45 deposit per one on one class for each trial lesson that is agreed to be taken. This deposit is NON-REFUNDABLE once the lesson is organised. This deposit will be adjusted against student tutoring fees if the proposal provided, post the trial session, is accepted by the client.
Client agrees that he/she will not solicit any tutors of Tutewiz to work for his/her own or any other personal or business ventures. Client agrees that during the period of contract and for a period of one (1) year immediately after termination of this agreement with Tutewiz, Client will not, either directly or indirectly for himself/herself or for any other person, family or business, call upon, solicit, divert, or take away, or attempt to solicit, divert or take away any of the tutors, business, or partners of Tutewiz with whom Client has become acquainted during or after Client’s contract with Tutewiz.
13. Limitation of Liability & Indemnity
In no event will Tutewiz be liable for any direct or indirect damages arising out of access to or use of its tutoring services beyond its service fee received from clients. As a condition of use of this service, Client agrees to indemnify Tutewiz from and against any and all liabilities, expenses (including legal fees) and damages arising out of or related to the carrying out of the tutoring by a Tutor introduced by Tutewiz.
You agree to fully indemnify and hold Tutewiz (and our employees) harmless against any expenses, costs, loss or damage (including consequential loss) that Tutewiz may suffer or incur as a result of or in connection with your or the Student’s use of the Service and any breach by you or the Student of this Agreement.
14. Refund Policy
Tutewiz reserves the right to refuse a refund for any program fee paid. In special cases and at the discretion of Tutewiz management, where the tutoring package is partially completed and the client wishes to discontinue, the balance can be refunded less the administration fee on a case-by-case scenario. However, the hourly rate for the completed tutoring sessions will be charged at full price with no discount.
Except as set out under this Agreement or where required at law, including under the Australian Consumer Law, all Fees are non-refundable. Without limitation, this includes where attendance as a result of the use of the Service is prevented by circumstances such as Student illness or any other factor affecting the Student’s attendance or use of the Service, whether foreseen or unforeseen.
15. Authority to Enter Agreement
You warrant that you have full authority and entitlement to enter into this Agreement as either a Student (of 18 years or over) or the legal parent or guardian of a Student to whom the classes and Services will be provided.
You personally guarantee the performance of all of the obligations of the Student under this Agreement. You agree and acknowledge that in the event that Tutewiz suffers loss or damage as a result of a Student being a minor we reserve the right to take legal action and seek recompense from you as the Student’s parent or legal guardian of that minor.
16. No Warranties
Tutewiz makes no promises or warranties with regards to a Client’s performance as a result of any tutoring provided. While Tutewiz and its Tutors will prepare the Client academically to the best of their ability, they are not liable nor do they accept any responsibility for their performance within any examination or assessment task.
17. Modification & Amendments
This Agreement can be modified by amendment and updated on the website of Tutewiz. Client’s will be made aware of any and all modifications.
Tutewiz reserves the right to amend this Agreement when necessary. Amendments will be effective immediately upon publication on the Tutewiz website and will apply to all transactions occurring and agreements entered into following such publication. Your continued use of the Service following such notification will represent an agreement by you to be bound by this Agreement as amended.
18. Entire Agreement
This Agreement sets forth the entire agreement and understanding between the parties relating to the subject matter herein and supersedes all prior discussions between the parties. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing signed by the party to be charged.
If one or more of the provisions in this Agreement are deemed void by law, then the remaining provisions will continue in full force and effect.
Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.
21. Additional Acknowledgements
Both parties acknowledge and agree that: (a) the parties are executing this Agreement voluntarily and without any duress or undue influence; (b) the parties have carefully read this Agreement and have asked any questions needed to understand the terms, consequences, and binding effect of this Agreement and fully understand them; and (c) the parties have sought the advice of an attorney of their respective choice if so desired prior to signing this Agreement.
Where the Client is a legal minor, the Parent/Guardian shall enter into this tutoring agreement on behalf of the Client and shall accept and agree to all the terms and conditions of the policies contained herein on behalf of the Client.
23. Governing Law
This Agreement is governed by the laws in force in Victoria, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia and their Courts of Appeal.
24. Ethics Code
Tutewiz will conduct their business honestly and ethically wherever we operate. We will constantly improve the quality of our services and operations and will create a reputation for honesty, fairness, respect, responsibility, integrity, and trust.
We ask Tutors to:
Avoid representing Tutewiz in any transaction with others with whom there is any outside business relationship
Avoid using their company contacts to advance their private business or personal interests at the expense of the company, its clients or affiliates
Give no bribes or other similar remuneration or consideration to any person to attract or influence business activity
Avoid gifts, gratuities, fees, bonuses or excessive entertainment, in order to attract or influence business activity
Report all information accurately and honestly, and as otherwise required by applicable reporting requirements
Seek to avoid exaggerating or disparaging comparisons of the services and competence of their competitors.
Obey all Equal Employment Opportunity laws and act with respect and responsibility towards others in all of their dealings.
Agree to disclose unethical, dishonest, fraudulent and illegal behaviour, or the violation of company policies and procedures, directly to management.
Violation of this Code of Ethics can result in discipline, including possible termination or suspension of contractor agreements.
Tutewiz absolutely prohibits the use of alcohol or non-prescribed drugs while on any Tutewiz or Company premises, or while in the home of a client. It also discourages non-work place drug and alcohol abuse. The use, sale or possession of alcohol or non-prescription drugs while on the job, on any Tutewiz sessions or Company premises, or in the home of a client will result in immediate termination of the Tutor Agreement. If any clause of these terms and conditions is held to be legally invalid or unenforceable, the invalid or unenforceable wording shall be deemed to be omitted.
Tutewiz absolutely prohibits any acts of sexual harassment towards as Tutewiz Customer, including grooming and sexual relations, whether outside or on the tutoring premises.
Child protection is a matter that should be central to the training, awareness, and understanding of all tutors. Amongst other things, tutors should apply the following standards as per the Australian Tutors Association.
For any text-based on-line tutoring a record detailing the contents of each communication must be kept and made available to parents regularly and also anytime upon request.
For any video and/or audio-based on-line tutoring and live-streamed sessions, the tutor must ensure that parents/guardians are aware of the type of interaction the child is having with the tutor on the computer, tablet, mobile or other device being used by the student. It is a further requirement for the provider to be able to ensure, through software or human means, that all interactions are appropriate, safe and secure. This may take the form of the parent/responsible adult being present or within hearing range during the tutoring and being free to observe, and be present for, each session.
If the parent deems any interaction to affect a child’s confidence/morale/dignity/ integrity/ethical alignment then the parent should intervene during/post the session.
We request parents to not disrupt a teaching/learning sequence and co-teach. We find this to be disruptive to the tutoring process. However, The parent is encouraged to take up any “teaching/learning” related issue post the session.
You can see more info here on child protection policies on the ATA site: https://ata.edu.au/resources/child-protection/