TERMS AND CONDITIONS

NOTICE: You must read these Terms and Conditions before using PlantYourAPPLETREE.com. By accessing PlantYourAPPLETREE.com you agree to be bound by the Terms and Conditions set out below.

1. Definitions
In this agreement:

  • The Services are home tutoring services provided to you by us.
  • Client, you and your refer to whoever is making use of our Services.
  • We, our and us refer to PlantYourAPPLETREE.com, its agents, employees, directors and subcontractors
    These terms and conditions refer any home tutoring services provided to you by us. By placing an order and/or making the payment in advance for the Services offered by us, the Client confirms that he / she has fully read, understood these Terms and Conditions and further agrees to be legally bound by these Terms and Conditions. In case the Client does not agree with these terms and Conditions, the Client must not place an order with us.

2. The Services
1)We agree to provide the Services as described in these Terms and Conditions.
2)PlantYourAPPLETREE.com and the Services are provided on an ‘as is’ and ‘as available’ basis.
3)The services are only available to individuals and not groups, agencies or corporations.
4)Our tutors are not permitted to receive payments directly from clients.
5)All fees must be prepaid within 7 days of Invoice and are non-refundable, in whole or in part, except in the following situations:
a.if a promised service has not been set up before the cancellation request is received;

3. Your Obligations
1)You agree to use our Services in accordance with all relevant laws and not for any illegal purpose;
2)You agree not to use PlantYourAPPLETREE.com and the Services to post any material which is unlawful, harassing, abusive, threatening, harmful, vulgar, defamatory, offensive, or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;
3)You agree that in the event that you have any right, claim or action against any user arising out of the use of PlantYourAPPLETREE.com or the Services, then you will pursue such right, claim or action independently and without recourse to PlantYourAPPLETREE.com, it’s owners or workers.
4)Our tutors are bound by their contract with PlantYourAPPLETREE.com, As a client, you also agree not to solicit, use or hire any of PlantYourAPPLETREE.com’s tutors privately, but to make all arrangements for our tutor’s services through PlantYourAPPLETREE.com. Also, if you wish to recommend our tutors to friends, you agree to put them directly in touch with us rather than with your tutor. We will make the tutoring arrangements with the other party.

4. Disclaimer of Warranties
1)We make no warranties or representations, whether express or implied, in relation to PlantYourAPPLETREE.com or the Services, including, but not limited to, implied warranties or conditions of completeness, non-infringement, merchantability, accuracy, satisfactory quality and/or fitness for a particular purpose.
2)We make no warranty that PlantYourAPPLETREE.com or the Services will meet your requirements or will be uninterrupted, timely, secure or error-free.
3)No warranty is given by us as to the results that may be obtained or the accuracy or reliability of any information obtained through PlantYourAPPLETREE.com or the Services.
4)You expressly agree that the use by you of PlantYourAPPLETREE.com and the Services is at your sole risk.
5)No advice or information, whether oral or written, obtained by you from PlantYourAPPLETREE.com or through the Services shall create or be deemed to create any warranty not expressly made herein.

5. Limitation of Liability
1)You agree that, except for death and personal injury arising from our negligence, we shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this contract, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, wasted expense, financial loss, any loss that is not reasonably foreseeable, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).
2)You further agree that we shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use by you, or your inability to use, PlantYourAPPLETREE.com or the Services, or for the cost of procuring substitute goods and/or services. Such exclusions shall include damages for loss of data or other intangible assets.
3)Any liability we have of any sort (including any liability because of our negligence) is limited to the amount paid by you to us for use of the Services.
4)You agree not to hold us liable for any loss or damage incurred as a result of any dealings you may have with others via the Services.
5)Each of the exclusions of liability shall be construed separately, and even if any one or more of them proves to be unenforceable, the others shall remain in full force and effect.

6. Client’s information
1)You agree to provide true, accurate, current and complete information which you are required to provide when you use our Services; and notify us immediately of any changes to your Information and generally maintain this information as required to keep it current, complete and accurate;
2)Your E-mail address must be valid.
3)You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use;
4)We reserve the right to terminate your right to use the Services if your Information is untrue, inaccurate, out-of-date, incomplete, or for any other reason;

7. Your Data
1)We will comply with the relevant and current Australia Data Protection laws, so normally any personal details to be provided to us will not be disclosed to third parties without your consent. Further, we will not normally, edit or disclose the contents of your private communications unless required to do so by law.
2)However, you should be aware that if we are requested by the police or regulatory or government authority in investigating illegal activities to provide information concerning your activities whilst using PlantYourAPPLETREE.com we shall do so. Similarly, we will disclose your personal data if we are compelled to do so by law; or to protect and defend our rights or property; or, in extreme circumstances, to protect the personal safety of other users of PlantYourAPPLETREE.com or the public;

8. Indemnity
You agree to indemnify and to hold us harmless immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you, the infringement by you or by any other user of the Services using your computer, of any intellectual property or other right of any person or entity, or any other liabilities arising out of your use of PlantYourAPPLETREE.com or the Services.

9. Our Rights
We reserve the right to modify or discontinue, temporarily or permanently, PlantYourAPPLETREE.com or the Services with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or discontinuance of PlantYourAPPLETREE.com or the Services.

10.No Waiver
No waiver by us shall be construed as a waiver of any preceding or subsequent breach of any provision. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

11.Entire Agreement
These Terms and Conditions constitute the entire agreement between the parties with respect to their subject matter and exclude any representations and warranties previously given or made other than any negligent or fraudulent misrepresentation.

12.Choice of Law
These Terms and Conditions shall be governed by Australian law and you hereby irrevocably submit to the exclusive jurisdiction of the Australian Courts.

13.Interpretation
The headings contained in these Terms and Conditions are solely used for the convenience of the parties and have no legal or contractual significance and shall not affect its interpretation.

14.Commencement of Proceedings
Legal proceedings in respect of any cause of action arising out of or related to the Services must be commenced within one year after the relevant cause of action arose, otherwise such cause of action shall be permanently barred.

15.Assignment
We reserve the right to assign, subcontract or otherwise deal with all or any of pur rights and obligations in these Terms and Conditions to any third party without prior notice to you.