Apex4Teachers Terms and Conditions of Use
1. About the Website
Welcome to www.apex4tutoring.com trading as Apex4Teachers (the 'Website'). The Website that provides teachers/tutors online teaching/tutoring services to students (the 'Services').
The Website is operated by Apex4Tutoring PTY. LTD. t/a Apex4Teachers (ABN 13 644 658 239).
Access to and use of the Website, or any of its associated Products or Services is provided by Apex4Teachers. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood, and agreed to be bound by the Terms.
If you do not agree with the Terms, you must cease usage of the Website, or any of the Services immediately.
Apex4Tutoring Pty Ltd t/a Apex4Teachers reserves the right to review and change any of the Terms by updating this page at its sole discretion.
When Apex4Teachers updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms & Conditions
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Apex4Teachers in the user interface.
3. Subscription to Use the Services
To be able to access the Services, you must first pay the initial one-off subscription fee through the Website (the 'Payment Payable') and pay the applicable fee for the selected application type (the 'Subscription Fee'). Please refer to details at the time of subscribing to Apex4Teachers and refer to our price list for using our Services.
4. Your Obligations as a Member
As a Member, you agree to comply with the Terms, any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. Please refer to all the Obligations during your payment to Apex4Teachers services.
5. Payment
All payments will be processed by the Member’s Credit Card ('Credit Card'). You must pay the fees for the Services (“Fees”) at the rates and in the manner specified on the Website or as otherwise agreed by us in writing. For paid Services you agree to pay the weekly fee specified when you subscribe and enrol a student. When signing up you are committing to paying all instalments under the Agreement which you have entered. All Fees specified on the Website or otherwise quoted by us are in Australian Dollars and must be paid in full, weekly, for using the Services. The weekly payment will be charged only when a student has been registered in the system.
You will be asked to provide a Credit Card number from a card issuer that we accept in order to activate your subscription and ongoing payments – your authorization in this section also applies to our payment processor and any other company who acts as a billing agent for us. You hereby authorize us to charge your specified payment method on a weekly basis, at the end of the weekly payment cycle.
You agree to provide updated payment information upon request at any time the information you previously provided is no longer valid. You acknowledge and agree that we will not have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place hold on, your specified payment method as contemplated by these Terms.
We use PayPal as our payment gateway provider to process single and recurring payments for subscriptions to our Services. PayPal’s terms and conditions can be found here: www.paypal.com.
We reserve the right, at any time, to change the Fees (or to begin charging fees for any free service), provided that such changes will not apply to the Fees or charges paid, or free services used prior to the time of the change.
Unless otherwise stated, all tuition fees are quoted in Australian Dollars and includes Goods and Services Tax (GST).
In the event of payment decline, the Member will be given 7 days to notify Apex4Teachers via email (support@apex4tutoring.com) of the new details to process any unpaid payments.
A Member’s account will be disabled in the event of two consecutive declines in payment. The Member will be charged a fee of AU$50 to reinstate access to use the Service.
6. Refund Policy
There is no refund applicable once a member registers to use Apex4Teachers online services. A Refund of the initial subscription Service Fee will be applicable in the event Apex4Teachers is unable to accept the registration at the initial registration stage to provide the Services. A Refund is at the absolute discretion of Apex4Teacher, in the event it is reasonable to do so under the circumstances (the 'Refund'). In normal circumstances, there will not be any refunds once the member is registered.
7. Termination of Contract
The Terms will continue to apply until terminated by either you or by Apex4Teachers as set out below:
If you want to terminate the Terms, you may do so by:
providing Apex4Teachers with 5 days' notice of your intention to terminate; and closing your accounts for all the services which you use, where Apex4Teachers has made this option available to you. Payment will be processed depending upon the enrolment end of payment cycle and the account will be disabled.
Your notice should be sent, in writing, to Apex4Tutoring Pty Ltd via the 'Contact Us' link on our homepage. Please read the termination of contract in detail at the time of subscribing to Apex4Teachers services.
Apex4Teachers will terminate the member’s access in the event of getting poor feedback from learners. The Member must maintain a high feedback rating. Apex4Teachers takes the learners’ feedback and ratings seriously. Any unsatisfactory feedback will lead to termination of access.
8. Disable of Member User Account
Apex4Teachers expects the subscribers to actively use our services. Subscribers must register to use the system. Apex4teachers will disable any subscriber’s account if it has been inactive for more than 30 days. Subscribers can write to Apex4Teachers for an extension and this will only be considered in extenuating circumstances.
What happens when an account is closed?
Once an account is closed, it will be inaccessible — users will not be able to log in to the account. The account and all data associated with the account will be deleted after closure. Subscribers can create another account by paying the initial subscription fee. However, this will not be possible in the event of any major breaches.
9. Payment Default
It is the Member’s responsibility to check if the payment has been processed on a weekly basis. Member’s will be notified via email of any payment default and members will be given 7 days to process the payment. Two consecutive declines in payment will be classified as ‘Payment Default’.
10. Referral Payment
Apex4Teachers provides referral rewards (the ‘Referral Reward’) for members who are referring their colleagues, friends and family members. The concept is designed based on multi-level network marketing. Refer and earn gives additional income to teachers/tutors. The Referral Reward will only be calculated if a new member registers with a referral member ID. Referral Rewards are ongoing, as long as the member is actively using Apex4Teahcers online system. Referral Rewards can be monitored on the Member’s dashboard page. Referral payments will be transferred monthly into the Member’s bank account.
The Member can start any number of referral networks. Apex4Teachers strongly encourages the Member to start a new account in the event that the network has been discontinued.
11. Intellectual Property Rights
All material published on the Website is subject to Australian and foreign intellectual property laws and you agree to abide by all copyright notices and other restrictions contained or otherwise implied by law within the Website, Content and this Agreement. Access to, and use of, the Website and Services is solely for personal, educational and non-commercial use and you must not modify, copy, reproduce, republish, or display any Content and represent it as your own, upload to a third party, post, transmit or distribute this content in any way except as permitted by law or expressly provided for on the Website or expressly authorised in writing by us and, where relevant, any third party owner or rights holder.
Nothing on the Website should be construed as granting any license or right of use of any trademark, service mark or logo displayed on the Website without the express written permission of the relevant owner or rights holder in relation to the mark or logo. All trademarks, service marks, and logos used on the Website are the trademarks, service marks and logos of their respective owners.
We own all intellectual property rights on the Website, Services (including any software used therein) and all modifications thereto.
We welcome your suggestions, ideas, comments, and other feedback regarding the Services ("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Apex4Teachers does not waive any rights to use similar or related Feedback previously known to it, developed by our employees, contractors, or obtained from other sources. You further consent to use or display by us of any Feedback or testimonials on the Website or otherwise in any promotional materials.
12. Content
The Website enables you to share your content, such as homework, quizzes, exams, projects, other assignments you submit, posts you make in the forums, and the like ("Your Content"), with us, Teachers and/or other users. You retain all intellectual property rights in, and are responsible for, Your Content you create and share. Your Content does not include the Content or other materials made available through the Website by or on behalf of Apex4Teachers or by third party content providers (“Content Providers”). As between Apex4Teachers and its Content Providers, such content is governed by the relevant agreements in place between Apex4Teachers and the Content Providers.
To the extent that you provide Your Content, you grant us a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use Your Content. This license includes granting us the right to authorize Content Providers to use Your Content with their registered students, on-campus learners, or other learners independent of the Services. Nothing in these Terms shall restrict other legal rights we may have to Your Content, for example under other licenses. We reserve the right to remove or modify Your Content for any reason, including if we believe that Your Content violates these Terms or other policies made available to you.
Without limiting the foregoing, following the expiry or termination of your subscription to the website we reserve the right to delete Your Content from all our systems.
13. Indemnification
You agree to indemnify, defend, and hold harmless Apex4Teachers directors, officers, employees and agents from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, incurred by Apex4Teachers (including due to any third party claims) related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) Your Content (as defined in above clause), including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
14. Limitation of Liability
Notwithstanding any other provision of these Terms or the Agreement and to the extent permitted by law, we shall not be liable (whether for breach of contract, under indemnity, negligence or on any other legal or equitable basis) for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, revenue, business, contract, goodwill, use, data or anticipated benefit or saving, any delay, financing costs or increase in operating costs or other intangible losses (even if Apex4Teachers has been advised of the possibility of such damages), resulting from the use or inability to use the Website or otherwise in connection with the Agreement. In relation to liability that cannot be excluded at law, our liability is limited (to the extent permitted by law), at our option, to the following:
- to the supply of the affected Services again; or
- to issue a refund of the Fees for the Services that gave rise to a claim
15. Storage Data Limit
Apex4Teachers provides 10GB storage space for all Members who are subscribed to use our service. It is a subscriber’s responsibility to keep their teaching content and materials within the given storage capacity. However, subscribers can request for additional storage space by writing to Apex4Teachers at a cost. Apex4Teachers provides additional storage space on a 10GB increment.
16. Legal Jurisdiction
For any dispute the legal jurisdiction will be governed by and construed in accordance with the laws of New South Wales, Australia.
17. Subscriber Rating
Apex4Teachers has inbuilt rating and feedback mechanism. Students can provide ratings for teachers/tutors. Apex4Teachers takes these ratings seriously and we expect teachers/tutors to have high ratings. Expected rating level must be above 4.
18. Personal Zoom Account
Apex4Teachers has been developed to work on Zoom as a video interaction with learners. The Member must have their own Zoom account for teaching.
19. Superseding Previous Terms and Conditions
Subscribers will be notified of any changes to the Terms. Any modifications to the Terms will supersede the previous Terms.