Website Terms and Conditions of Use
Please read these terms and conditions (Terms) carefully.
1. About the Website
1.1. Welcome to Language Tutors – http://languagetutors.com.au (Website). The purpose of this Website (Services) is to publish the profiles of tutors in Australia (Clients), who provide educational services (Client Services), so that people who are using, browsing and/or reading the Website (Guests) may locate and contact Clients for Client Services.
1.2. The Website is operated by Welcome Start Pty Ltd (Welcome Start). Access to and use of the Website, or any of its associated Services, is provided by Welcome Start.
1.3. Welcome Start reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication.
2. Acceptance of the Terms
2.1 By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms as they apply to you as a Client or Guest.
2.2 You may also accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by Welcome Start in the user interface.
2.3 If you do not agree with the Terms, you must cease use of the Website, or any of its Services, immediately.
2.4. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Welcome Start; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
3. Using the Website as a Guest
3.1. As a Guest, you may browse through profiles of Clients for the sole purpose of locating and making contact with Clients for Client Services. Welcome Start does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Welcome Start.
3.2. As a Guest, you acknowledge that the Website, the Services and all published material or information may be subject to copyright and protected under the laws of Australia and through international treaties.
3.3. You must not broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any material or information on the Website. This prohibition does not extend to materials on the Website which are freely available for re-use, are in the public domain or licensed by the relevant owner or authorised licensee.
3.4. As a Guest, you acknowledge that use of the Website and reliance on any information on the Website are at your own risk and that:
(a) the publication of profiles on the Website does not imply approval or endorsement of the Client by Welcome Start;
(b) Welcome Start is not responsible for content or opinions expressed in profiles of Clients, and that such content or opinions are not investigated, monitored or verified for accuracy or completeness by Welcome Start;
(c) the Website may contain links to other websites and that Welcome Start is not responsible for content or opinions expressed in those websites. If you decide to leave the Website and access these websites, you do so at your own risk; and
(d) Welcome Start is only a facilitator in introducing Guests to Clients and that Welcome Start does not hold any liability to the Guests directly and will not personally refund Guests any payments made in the use of Client Services.
4. Your obligations as a Client
4.1. As a Client, you acknowledge that:
(a) to maintain the integrity of the Website, Welcome Start has the right to modify, add or remove any material or information that you provide to Welcome Start (Content) and is published on the Website;
(b) any Services provided to you are non-transferable and solely in connection with promoting your Client Services;
(c) resources and expenses are incurred to operate the Website and provide the Services and that refunds will be provided by Welcome Start where required by law to do so, which excludes circumstances where you change your mind after using the Services; and
(d) for any payments for use of the Service made using Paypal or Stripe, you have read, understood and agree to be bound by the Paypal or Stripe terms and conditions which are available on their website;
4.2. As a Client, you warrant that:
(a) any Content will always be accurate, correct and up to date throughout your use of the Services as a Client; and
(b) you are the owner or validly authorised licensee of any Content and grant Welcome Start a world-wide, non-exclusive, perpetual, royalty-free licence to copy, store, transmit, digitally display or otherwise distribute such material or information on the Website as part of the Service.
4.3. As a Client, you agree:
(a) to pay an annual, non-transferable fee for each profile, one year in advance;
(b) not to expressly or impliedly impersonate another Client or third party; and
(c) not to use the Services or Website for any illegal and/or unauthorised use.
6. General Disclaimer
6.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
6.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Welcome Start will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
6.3. Everything on the Website and the Services is provided “as is” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Welcome Start make any express or implied representation or warranty about the Services. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or Client Services; and
(d) the Services or operation in respect to links which are provided for your convenience.
7. Limitation of Liability
7.1. Welcome Start’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
7.2. You expressly understand and agree that Welcome Start, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
7.3. You acknowledge and agree that Welcome Start holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing material or information to Welcome Start, including the Website.
8. Termination of Contract
8.1. If you want to terminate the Terms, you may do so by providing Welcome Start with 30 days’ notice of your intention to terminate by sending notice of your intention to terminate to Welcome Start via the ‘Contact Us’ link on our homepage.
8.2. Welcome Start may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Welcome Start is required to do so by law;
(c) the provision of the Services to you by Welcome Star is, in the opinion of Welcome Start, no longer commercially viable.
8.3. Subject to local applicable laws, Welcome Start reserves the right to discontinue or cancel the Service at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Welcome Start’s name or reputation or violates the rights of those of another party.
8.4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Welcome Start have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
9.1. You agree to indemnify Welcome Start, its affiliates, employees, agents, contributors, third party content Clients and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
10. Dispute Resolution
10.1. If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
10.2. A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
10.3. On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
(a) Within 20 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Victoria, Australia.
10.4. All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
10.5. If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
11. Venue and Jurisdiction
The Services offered by Welcome Start is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
12. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
13. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.