Terms and Conditions for HSCprep

Last Updated: 12th August, 2024

1. Introduction and Acceptance of Terms

1.1 Welcome to HSCprep (hereinafter referred to as "the Platform", "we", "us", or "our"). The Platform is operated by B.J FRAGIACOMO & J IBRAHIM (ABN 79 681 455 437).

1.2 These Terms and Conditions (the "Terms") govern your use of our website, mobile applications, and services as a customer (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access or use our Services.

1.3 We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting an announcement on our website or sending you an email. Your continued use of the Platform after any such changes constitutes your acceptance of the new Terms.

2. Platform Role and Services

2.1 The Platform acts as an intermediary between independent tutors ("Tutors") and customers ("Customers"). We facilitate connections between Tutors and Customers, process payments, create meeting links for tutoring sessions, and provide a backend system for Tutors to manage bookings and students.

2.2 Tutors are independent contractors and not employees of B.J FRAGIACOMO & J IBRAHIM. As such, B.J FRAGIACOMO & J IBRAHIM is not responsible for the actions, omissions, or conduct of Tutors during tutoring sessions or any interaction between Tutors and Customers.

2.3 B.J FRAGIACOMO & J IBRAHIM is absolved of any liability arising from the services provided by Tutors, including but not limited to the quality of tutoring, cancellations, or any disputes between Tutors and Customers.

2.4 While Tutors use their personal phones to communicate with Customers and agree upon session times, all official bookings must be made through the Platform's backend system.

3. Customer Registration and Obligations
3.1 To use our Services, you do not need to manually create an account. Instead, when you contact or enquire via our system, we automatically create a backend student account for internal use.
3.2 This backend account contains information necessary for managing your tutoring sessions and does not require a password from you.
3.3 By submitting an enquiry or using our Services, you agree that: a) You are at least 18 years old, or you are the parent or legal guardian of a minor using the Services. b) The information you provide during the enquiry process is accurate, current, and complete. c) You will update such information to keep it accurate, current, and complete.
3.4 You agree to the collection and use of your personal information, including your name and phone number, which may be shared with Tutors for the purpose of arranging tutoring sessions.

4. Tutoring Sessions and Platform Services

4.1 While Tutors are responsible for communicating with Customers to arrange suitable session times, all official bookings must be made through the Platform's backend system.
4.2 The Platform provides the following services: a) Processing payments for tutoring sessions b) Creating and providing meeting links for online tutoring sessions c) A backend system for Tutors to manage bookings and students d) Handling refunds and disputes

4.3 By using the Platform, you agree to conduct tutoring sessions through the meeting links provided by the Platform.

4.4 You are responsible for ensuring you have the necessary technology and internet connection to participate in online tutoring sessions.

4.5 B.J FRAGIACOMO & J IBRAHIM is not responsible for any technical issues, data charges, or any other problems that may arise during tutoring sessions.

5. Booking and Cancellation Policy

5.1 All bookings for tutoring sessions must be made through the Platform's backend system, even if Tutors and Customers discuss details via phone or other means of communication.

5.2 Cancellation Policy:
   a) If you cancel a session more than 1 hour before the scheduled start time, you will receive a full refund.
   b) If you cancel a session within 1 hour of the scheduled start time or fail to attend, you will be charged the full fee for the session. No refunds will be provided in these cases.
   c) If a Tutor cancels a session at any time, you will receive a full refund.

5.3 B.J FRAGIACOMO & J IBRAHIM reserves the right to terminate your account if you repeatedly cancel sessions or fail to attend scheduled sessions.

5.4 The Platform reserves the right to modify the cancellation policy and refund process at its discretion. Any changes will be communicated to users and updated in these Terms.

6. Payments

6.1 All payments must be made through the Platform's designated payment system. Direct payments to Tutors are strictly prohibited.

6.2 You agree to pay all fees associated with the tutoring services you book through the Platform.

6.3 Fees are set by individual Tutors. The Platform charges a service fee agreed upon by contract with the Tutor per session, which is deducted from the total amount before paying the Tutor.

6.4 Payment processing:
   a) The full session fee will be charged to your designated payment method.
   b) The Platform will deduct its service fee.
   c) The remaining amount will be paid to the Tutor.

6.5 Refund Policy:
a) Full refunds will be issued if you cancel a session more than 1 hour before the scheduled start time.
b) No refunds will be provided for cancellations within 1 hour of the scheduled start time or for failure to attend a session.
c) Full refunds will be issued if a Tutor cancels a session at any time.
d) In case of technical issues on the Platform's side that prevent a session from taking place, a full refund will be issued.
e) If a session is interrupted due to technical issues and cannot be completed, a pro-rata refund may be issued at the Platform's discretion.
6.6 Refund Process: 
a) All refunds will be processed by the Platform in accordance with the cancellation and refund policy.
b) Refunds will typically be issued to the original payment method within 5-10 business days.
c) Tutors are not responsible for issuing refunds directly to Customers.
6.7 In case of disputes or special circumstances, the Platform reserves the right to issue refunds at its discretion.

7. Customer Conduct

7.1 You agree to:
   a) Treat Tutors with respect and professionalism.
   b) Provide a safe and appropriate environment for in-person tutoring sessions, if applicable.
   c) Not attempt to circumvent the Platform by arranging payments directly with Tutors.
   d) Respect the intellectual property rights of Tutors and the Platform.
   e) Provide accurate and timely information for scheduling and payment purposes.

8. Privacy and Data Protection

8.1 Our collection and use of personal information is described in our Privacy Policy, which can be found at [https://hscprep.com.au/privacy-policy].
8.2 By using the Platform, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy, including: a) The creation of a backend student account for internal use b) The sharing of your contact information with Tutors for the purpose of arranging tutoring sessions


9. Limitation of Liability

9.1 To the maximum extent permitted by law, B.J FRAGIACOMO & J IBRAHIM shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues resulting from:
   a) Your use of the Services
   b) Any conduct or content of any Tutor or third party
   c) Any tutoring session arranged through the Platform
   d) Any technical issues or failures related to the meeting links provided by the Platform

9.2 Our total liability to you for any damages shall not exceed the amount you have paid B.J FRAGIACOMO & J IBRAHIM in the last six (6) months, or, if greater, one hundred dollars ($100).

10. Indemnification

10.1 You agree to indemnify and hold harmless B.J FRAGIACOMO & J IBRAHIM, its officers, directors, employees, and agents from any claims, damages, obligations, losses, liabilities, costs or expenses arising from:
	a) Your use of the Services
	b) Your violation of any term of these Terms
	c) Your interaction with any Tutor
	d) Your violation of any third-party right

11. Dispute Resolution

11.1 In the event of a dispute between you and a Tutor, you agree to first attempt to resolve the issue directly with the Tutor.
11.2 If you are unable to resolve the dispute, you must contact the Platform for mediation. We will review the details of the dispute and make a decision, which you agree to accept as final.
11.3 The Platform reserves the right to issue refunds, apply credits, or take other actions to resolve disputes at its discretion.
11.4 For any legal dispute not resolved through the above methods, you agree to resolve the dispute through binding individual arbitration, not through class actions or class arbitrations.

12. Governing Law

12.1 These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

13. Termination

13.1 We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

13.2 Upon termination, your right to use the Services will immediately cease.

14. Changes to the Services

14.1 We reserve the right to withdraw or amend our Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period.

By using HSCprep, operated by B.J FRAGIACOMO & J IBRAHIM,  you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.