Terms of Use Agreement

Welcome to SeekaTutor.com.au. By using our site, you agree that you are bound by the following Terms of Use Agreement (the “Agreement”), whether or not you register as a member of SeekaTutor.com.au. Please review the following Agreement carefully, if you do not agree with each provision of the Agreement, or you are not authorized to enter the Agreement, or you do not have the legal capacity to enter into the Agreement, you should not use this site. The term “SeekaTutor”, “the Site”, “the Service” “we”, “us” or “our” refers to SeekaTutor.com.au, the registered domain name of the web site. The term “you” refers to the user of our web site, including the registered member, visitor or viewer of our web site.

1. Acceptance of Agreement 
You agree to the terms and conditions outlined in this Terms of Use Agreement with respect to our site. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the Content, products or services provided by or through the Site, and the subject matter of this Agreement. The Terms of Use are subject to change by SeekaTutor.com.au at any time, effective upon posting on the SeekaTutor.com.au, and your use of any portion of the Site after such posting will constitute acceptance by you of such changes.
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Site and your membership in the Service. This Agreement also includes a Privacy Policy and any notices regarding the Site. By accessing the Site or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein. You consent to have this Agreement provided to you in electronic form.

2. Conditions of Eligibility
You agree that in order to use the Site as the visitor, viewer or registered member, you must be at least eighteen (18) years of age or older, or have legal consent by your parent or guardian. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
You acknowledge that there are personal and financial risks involved in using internet to interact with strangers. You are solely responsible for any risks involved in using the Site. Therefore, you hereby agree to waive all claims against SeekaTutor.com.au, for any and all damages, direct, indirect, incidental, consequential, general, special, compensatory, foreseeable or unforeseeable arising from subscription, registration or use of the Site.

3. Membership
Certain sections of the Site may require you to register. You may become a Member of the Site at no cost. As a Member, you will have the ability to participate in some, but not all, of the features and services available within the Site. Each registration is for your personal educational use only. If registration is requested, you agree to: (a) provide true, accurate, current and complete information, and (b) maintain and promptly update the registration information to keep it true, accurate, current and complete within 30 days of any change. If we suspect that any information you provide is untrue, inaccurate, not current incomplete or not adequacy, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) by you. You may choose to public part of your Member profile such as telephone numbers, street addresses, URLs or email addresses. You understand that you do it at your own risk.
If you register as a member of the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. SeekaTutor.com.au reserves the right to refuse registration, terminate accounts, remove or edit content, in our sole discretion.
You also understand and agree that the membership service may include certain communications from us and our service providers, such as service announcements, administrative messages and other announcements, and that these communications are considered part of Service and you will not be able to opt out of receiving them.

4. Non-commercial Use by Members 
The Site is for the personal educational use of individual Members only and may not be used in connection with any commercial endeavours unless seeking tutoring or offering a tutoring service. Organizations, companies, and/or businesses may not become Members and should not use the Site for any purpose other than seeking a tutor or offering a tutoring service. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of SeekaTutor.com.au, which may be revoked at any time, for any reason, in SeekaTutor.com.au’s sole discretion.

5. Your Interaction with Other Users or Members of the Site 
Registered members in our database have not been pre-screened. SeekaTutor.com.au does not in any way confirm nor deny validity of the information provided by each registered member. When you interact with a registered member whose information is listed on our web site, it is your sole responsibility to conduct any and all background and reference checks. You are solely responsible for any risks, disputes, claims, loss, injury or damage of any kind resulting from the interaction with any user or registered member of the site.

6. Member Disputes 
You are solely responsible for your interactions with other users or members of the Site. SeekaTutor.com.au reserves the right, but has no obligation, to monitor disputes between you and other members.
7. Fees and Payments
Fees for using the Service ("Fees") are payable in the amounts and in the manner described on the Site. Fees are subject to change without notice. 

All Fees are not transferable.

All Fees are not refundable.

8. Links to other Web Sites 
The Site might contain links to other web sites. We are not responsible for the content or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web sites on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

9. Advertisers and Sponsors
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.

10. Content on the Site 
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information (Content) available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk.
We do not pre-screen Content and it is in our sole discretion to refuse or remove any Content that is available via the Site. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.

Opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by SeekaTutor.com.au, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. SeekaTutor.com.au does not: (a) guarantee the accuracy, completeness, or usefulness of any information on the Site, or (b) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site. Under no circumstances will SeekaTutor.com.au or its partners be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to or by any users or Members. 

You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we or our service providers be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Site. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or submitted to us or our service providers.

11. Content Posted by You on the Site
Users may post comments or photos and submit suggestions, ideas, questions, or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of other content. SeekaTutor.com.au reserves the right, but not the obligation, to remove or edit such content. You represent and warrant that you are the owner or validly authorized licensee of all Content provided by you through the Site, and you hereby grant to us and our service providers a worldwide, non-exclusive license to copy, store, transmit, digitally display and otherwise distribute such Content as part of the Service.
SeekaTutor.com.au has the right but not the obligation to monitor and edit or remove any content in the Site. SeekaTutor.com.au does not regularly review posted content and takes no responsibility and assumes no liability for any content posted by you or any third party. Any reliance you place on such information is therefore strictly at your own risk.

12. Copyright and Service Marks
The content, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except allowed by us, is strictly prohibited.
“SeekaTutor.com.au” and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.
 
13. Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, educational purposes; and (c) to print out discrete information from the Site solely for internal, personal, educational purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

14. Restrictions and Prohibitions on Use 
Your license for access and use of the Site and any information, including but not limited to registered members’ or users’ contact information, therein are subject to the following restrictions and prohibitions on use: You may not (a) use the Site for the purpose of gathering information for or transmitting (1) non-educational purpose (2) unsolicited commercial email; (3) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (4) unsolicited telephone calls or facsimile transmissions;  (b) use the Site in a manner that violates any state, provincial or federal law regulating email, facsimile transmissions or telephone solicitations.
You agree not to use the Site to do any of the following: (a) violate any local, state, provincial, national or international law; (b) stalk, harass or harm another individual or communicate with such individual after being advised to cease any such communications; (c) collect, harvest or store personal data about other users including email addresses or contact members for any purpose other than responding to the content posted by such members; (d)impersonate any person or entity; (e)express or imply that any statements you make are endorsed by SeekaTutor.com.au without our specific prior written consent; (f) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents. (g) interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site. (h) post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment (i) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so. 

15. Non-transferable
Your right to use the Site or registered membership is not transferable, re-sellable or assignable. Any password or right given to you to obtain information or documents is not transferable, re-sellable or assignable.

16. Unlawful Activity 
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information. 

17. Termination
You agree that SeekaTutor.com.au, in its sole discretion, may terminate your membership, and remove and discard any content that you have posted on the Site, for any reason, including, without limitation, for lack of use or if SeekaTutor, in its sole opinion, believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or that you are a repeat infringer of intellectual property rights. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that SeekaTutor.com.au may immediately deactivate or delete your account and all related information and files in your account and/or bard any further access to such files or the Site. Further, you agree that SeekaTutor.com.au shall not be liable to you or any third-party for any termination of your access to the Site. We may suspend or terminate any paid accounts and/or advertisements without refund if you have breached any of the conditions listed in this agreement or if you are found to be involved with any fraudulent, illegal, spamming, or inappropriate use while using the SeekaTutor.com.au services.

18. Indemnification 
You agree to indemnify and hold SeekaTutor.com.au, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

19. Disclaimers 
You expressly understand and agree that your use of the Site is at your sole risk. The information, content and service from or through the site are provided “as-is,” “as available,” with “all faults,” and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose).
Without prejudice to the generality of the above, we and our service providers do not warrant that (a) the information on the Site will be true, accurate, complete, current and adequacy, (b) the information provided by the user or registered member is valid, reliable and legitimate, (c) the tutoring services you receive from the user or registered member of the Site will meet your expectations or specific requirements, (e) the Site will be uninterrupted, timely, secure, or error-free, (f) the results that may be obtained from the use of the Site will be accurate or reliable.

SeekaTutor.com.au will not be involved in any user or member interactions in any events. SeekaTutor.com.au is not responsible for any direct, indirect, incidental, consequential, general, special, compensatory, foreseeable or unforeseeable disputes, claims, loss, injury or damage that might arise from subscription, registration, use of this Site, user interaction or registered member interaction.

No advice or information, whether oral or written, obtained through or from the Site shall create any warranty, representation or guarantee not expressly stated in the Agreement.
We will make commercially reasonable efforts to maintain the Site, however, we and our service providers are not responsible for any damage, loss of data, member information or data, revenue, or other harm to business arising out of delays, non-availability, misdelivery or nondelivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to the Site, or the interaction with the user or registered members.
All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed.

20. Limitation on Liability 
In no event will SeekaTutor.com.au be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if SeekaTutor.com.au has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, SeekaTutor.com.au's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to SeekaTutor.com.au for the Service during the term of membership.

21. Privacy Policy 
Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

22. Legal Compliance 
Recognizing the global nature of the Internet, you agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site, online conduct and acceptable content.

23. Jurisdiction
The Agreement and the relationship between you and SeekaTutor.com.au shall be governed by the laws of the Australia as applied to agreements made, entered into and performed entirely in Australia, notwithstanding your actual place of residence. All disputes arising out of the Agreement or out of your use of the Site shall be brought in provincial courts having jurisdiction over Australia and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.

24. Effective Date
This Agreement was last updated on December 1, 2009.
Please contact us with any questions regarding this Agreement.