The Expert English Tutors website is found at www.expertenglishtutors.com.au, whether accessed through a mobile device, mobile application or computer (‘Site’).

  1. Terms of Use
    1. In these Terms of Use (‘Terms’), ‘You’ and ‘Your’ refers to the person or persons that access and navigate the Site. ‘Expert English Tutors’, ‘us’ and ‘we’ refers to ‘Expert English Tutors’.
    2. Please read terms and conditions carefully – it contains terms of use that are binding on you in respect of your use of the Site. By using the Site, you accept these Terms in their entirety and agree to be bound by them.
  2. Modification
    1. These Terms may be varied, replaced or removed at the discretion of Expert English Tutors without further notice to you.
    2. It is your obligation to ensure that you have read, understood and agree to the most recent version of the Terms available on the Site. You agree and acknowledge that your continued use of the Site will amount to renewed acceptance of these Terms as varied, replaced or removed and agree to be bound by them on each occasion that you access the Site.
  3. Privacy
    1. Your use of the Site is governed by the Privacy Policy. You agree to be bound by the Privacy Policy as a condition of your right of access to the Site. You should read the Privacy Policy carefully as it applies to personal information that you provide through your use of the Site, and contains binding terms in respect of your disclosure of personal information. By continuing to use the Site you accept the Privacy Policy and agree to be bound by the Privacy Policy where applicable.
  4. Confidentiality
    1. Expert English Tutors is not liable to you for any breach of confidentiality resulting from disclosure of your Confidential Information that is not within the reasonable control of Expert English Tutors (including any breach to Expert English Tutors’s data security arising from any unauthorised third party access, intrusion or corruption of any kind to the Site).
    2. You agree that any communications between you and Expert English Tutors constitute Confidential Information and that you will not disclose such communications to any third party without the prior consent in writing of us.
  5. Intellectual Property
    1. Title to, and all Intellectual Property Rights in respect of, the underlying software and code of the Site and any documentation relating to the Site, including all content, trademarks, trade names and service marks, remain at all times the property of Expert English Tutors.
    2. As a user of the Site, you are not licensed or authorised to use, reproduce or copy any of the intellectual property or information and content comprised in the Site, without the prior consent in writing of Expert English Tutors.
  6. Acceptable User Conduct Policy
    1. You agree that you will not:
      1. use the Site except in your personal capacity;
      2. use the Site for any purpose that is improper, unlawful, or to post, share or transmit any material that:
        1. is defamatory, offensive, obscene or otherwise objectionable;
        2. is in breach of confidentiality or privacy or of any third party’s Intellectual Property Rights;
        3. is posted, shared or transmitted for the purpose of advertising or promoting goods or services (either your own goods or services or the goods or services of any third party) without the prior consent of Expert English Tutors; or
        4. is misleading or misrepresentative as to your identity or which in any way suggests that you represent, are sponsored by, affiliated or connected with Expert English Tutors;
      3. use the Site except for legitimate private use or in any manner which may cause damage or cause any claim to be made against Expert English Tutors;
      4. copy, distribute and/or communicate the Site in any way that would infringe on Expert English Tutors’s Intellectual Property Rights;
      5. attempt to access any Confidential Information of third parties or tamper with or circumvent any security procedures embedded in the Site in any way;
      6. attempt to upload any malicious software to the Site, to any other user of the Site, or to any third party that hosts any element of the Site, or provides any part of the Site, including Trojan Horses, time bombs, worms, denial of service attacks, viruses, altered code, licence control utilities, software locks or other harmful codes.
    2. Some elements of the Site may interface with external third party websites and resources. You acknowledge and agree that Expert English Tutors is not responsible or liable for any content or information from such websites or resources. Your correspondence and business dealings with third parties located through the use of the Site, including payment and delivery of related goods or services are solely between you and such third party. You further acknowledge and agree that Expert English Tutors shall not be directly or indirectly responsible or liable for any loss or damage caused in connection with the use of these third party websites or resources.
    3. Use of the Site may be subject to limitations imposed by Expert English Tutors for any reason. You agree and acknowledge that Expert English Tutors may, in its absolute discretion, limit or terminate your right of access to use the Site for any reason, and at any time.
  7. Warranties & Acknowledgments
    1. You acknowledge that:
      1. you use the Site entirely at your own risk;
      2. Expert English Tutors does not provide you with any personalised advice for which it may be liable or responsible for to any individual, under any circumstances; and
      3. any guidance and/or recommendation made by Expert English Tutors is provided generally and Expert English Tutors has no liability whatsoever for any such guidance or recommendation or any User’s experience with any goods or services purchased as a result of such guidance or recommendation.
    2. Expert English Tutors gives no warranties about the Site, or in relation to any products or services offered for sale by or via the Site, or any of the suppliers who are advertised or promoted on the Site.
  8. Limitation of Liability
    1. To the maximum extent permitted by law, Expert English Tutors excludes all liability and responsibility to you or any other person, for any loss (including consequential loss of information, Data, or pecuniary loss) or damage resulting, directly or indirectly, from any use of, or reliance on, the Site.
    2. To the maximum extent permitted by law, Expert English Tutors excludes all liability and responsibility to you or any other person for any loss, damage or injury arising from, suffered or incurred, from the use of a good, product or service purchased via the Site.
  9. General
    1. These Terms, together with the Privacy Policy and the terms of any other notices or instructions given to you under these Terms supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and Expert English Tutors relating to the Site and the other matters dealt with in these Terms.
    2. If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
    3. Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
    4. You may not assign or transfer any rights to any other person without Expert English Tutors’s prior written consent.
    5.  These Terms are governed by the laws of Victoria, Australia. The parties agree to submit to the non-exclusive jurisdiction of the Courts of Victoria, and Courts entitled to hear appeals from these Courts.
    6. If any part or provision of these Terms is invalid, unenforceable or in conflict with any applicable law, that part or provision is deemed to have removed or varied to the extent of the inconsistency. The remainder of these Terms will be binding on the parties.
    7. Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission.
      1. Notices to Expert English Tutors must be sent to:
        info@expertenglishtutors.com.au
        or to any other email address notified to you by Expert English Tutors.
      2. Notices to you will be sent to the email address which you provided.
    8. Rights of Third Parties: A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
  10. Links to other websites
    1. The Site may contain links to websites, services and advertisements owned and operated by third parties (Third Party Sites) which are not under the control of Expert English Tutors.
    2. In relation to the Third Party Sites which are linked to the Site, Expert English Tutors:
      1. provides links to other Third Party Sites as a convenience to you and the existence of links to Third Party Sites does not necessarily imply any endorsement, representation or authorisation by Expert English Tutors of Third Party Sites; and
is not responsible for any material contained on Third Party Sites.
  11. Disclaimers and Release
    1. To the full extent permitted by law, Expert English Tutors makes no warranty (express or implied) or guarantee or any representation that the Site and any information contained or referred to on the Site:
      1. will meet a User’s requirements; or
      2. will be available to a User on an uninterrupted, timely, secure, or error-free basis; or
      3. will be accurate, reliable, free of viruses or errors or defects, complete, legal or safe.
    2. Access to, and use of the Site is at your own discretion and risk. You accept the full cost of any necessary repair, correction and maintenance of any of your computer or mobile software or hardware, which may be necessary as a consequence of accessing and/or using the Site.
    3. Expert English Tutors will not be liable under any circumstances for any loss or damage of any kind recognised by law (even if it has been advised of the possibility of such loss or damage) incurred as a result of:
      1. acting, or failing to act, on any information contained in or referred to on the Site;
      2. using or acquiring, or their inability to use or acquire, goods and services listed on the Site;
      3. any interactions between Users of the Site.
    4. Expert English Tutors will not be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to any matter that has arisen or arises directly or indirectly out of, or relates directly or indirectly to:
      1. your use, or inability to use, the Site;
      2. any interactions or transactions of you with, or any act or omission in relation to other Users;
      3. delays to, interruptions of or cessation of services provided in the Site;
      4. defamatory, offensive or illegal conduct of any Users.
        whether caused through negligence of the Site, its employees or independent contractors, or through any other cause.
  12. Indemnity
    To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Expert English Tutors, its officers, directors, employees, contractors, agents or related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)) for any liabilities, claims, demands, losses, costs and expenses (including without limitation legal costs), or for any direct, indirect, incidental, special, punitive or consequential damages, whatsoever, resulting from:

    1. your use of and access to the Site, including any data or content transmitted or received by you;
    2. your violation of Expert English Tutors’s intellectual property rights;
    3. your User Content;
    4. your interaction with any other User;
    5. your violation of any thirty party right, including any copyright, property or privacy right;
    6. any breach of your obligations under these Terms;
    7. any other scenario contemplated by these Terms.
      The indemnities referred to in this Clause 16 shall survive the termination of these Terms.
  13. Definitions
    • In these Terms, the following words have the following meanings unless stated otherwise:
    • “Confidential Information” means any information identified as being of a confidential nature, or that would be reasonably understood to be of a confidential nature;
    • “Data” means any data uploaded by you or with your authority into the Site, including your personal information;
    • “Intellectual Property Rights” means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered or capable of registration;
    • “Privacy Policy” means Expert English Tutors’s Privacy Policy, accessible from the Site;
    • “Site” means Expert English Tutors website found at www.expertenglishtutors.com.au, whether accessed through a mobile device, mobile application or computer;
    • “Terms” means these Terms of Use.
    • ‘User’ or ‘you’ or ‘your’ means a person who uses the Site;
    • ‘User Content’ means any and all information and content that a User submits to, or uses with, the Site, including reviews and/or testimonials.