Terms of Service

For Good Tutors’ Website and Services

1. Your Consent

1.1 By using services provided by Good Tutors Ltd (Good Tutors), you agree to these Terms and Conditions. These Terms and Conditions may be updated from time to time, and any updates will be posted on this website. Please check back periodically to ensure you are up to date with any changes.

2. Invoicing and Payment

2.1. Invoices are to be paid prior to lessons taking place, and payment is due within 14 days after the invoice date. Good Tutors reserves the right to charge late payment fees on any unpaid amount of any invoices that are not paid when due, at a rate of 10 percent per month until payment is made in full.

2.2. Good Tutors also reserves the right to suspend or terminate the user’s access to the tutoring services if payment is not received within a reasonable time after the due date. 

2.3. The user agrees to pay any and all applicable taxes and fees in connection with the use of the tutoring services.

2.4. The user agrees not to offset any amounts owed to Good Tutors against any amounts that may be owed by Good Tutors to the user.

2.5. In the event that the user fails to pay any amounts due to Good Tutors when it is due, Good Tutors may engage the services of a collection agency or take such other action as it deems necessary to collect the outstanding amount, and the user agrees to pay all costs, fees, and expenses, including reasonable attorneys’ fees on a solicitor/client basis, incurred by Good Tutors in connection with the collection of the outstanding amount.

3. Unexpected Absence

3.1. Sometimes students are absent from lessons that have already been paid for. Good Tutors will not credit or refund a lesson under the following circumstances:

3.1.1. The missed lesson was part of a group where other students attended the lesson

3.1.2. The lesson was cancelled or rescheduled after the 1 hour notice cut-off period.

3.2. We will hold in credit the value of lessons that have been canceled prior to the cut-off period.

4. Unexpected Cancellation

4.1. If a child’s tutor is away sick or otherwise unable to attend, Good Tutors will cancel the lessons and give notice to the affected parties. Lessons cancelled by Good Tutors will be credited to your account, and you will be entitled to request a refund for missed lessons if this is preferable to rescheduling the lesson.

4.2. Good Tutors will notify parents/caregivers by email if a lesson needs to be cancelled. We will make all reasonable efforts to let parents/caregivers know of a cancellation the day before; however, factors outside of our control may occasionally mean notification will be made on the day. In all cases, notification will be made as soon as reasonably possible.

5. Police Vetting

5.1. Good Tutors requires all of its contractors, including tutors and other service providers, to undergo police vetting as a condition of their engagement. Good Tutors reserves the right to request and review the results of such police vetting at any time, and to terminate the engagement of any contractor who does not pass the police vetting process. Users of the tutoring services acknowledge and accent that Good Tutors utilises independent contractors and therefore does not control the actions or inactions of its contractors, and that Good Tutors is not responsible for the conduct of such contractors. Users of the tutoring services agree to hold Good Tutors harmless and release Good Tutors from any liability for any damages, losses, or causes of action that may arise from the actions or inactions of such contractors.

6. Compliance with New Zealand Laws

6.1. Good Tutors agrees to comply with all applicable laws and regulations in New Zealand, including but not limited to those related to the safety and education of children. Good Tutors shall maintain a safe and educational environment for all children receiving tutoring services, and shall take reasonable steps to protect the health and well-being of such children. Good Tutors shall not engage in any conduct that would be deemed illegal, unethical, or inappropriate in the context of providing tutoring services to children. In the event that Good Tutors becomes aware of any violation of applicable laws or regulations, or of any conduct that may be harmful to children, it shall promptly report such violation or conduct to the appropriate authorities.

6.2. Legislation that Good Tutors complies with include but are not limited to:

6.2.1. The Children, Young Persons, and Their Families Act 1989: This act establishes the legal framework for the protection, care, and welfare of children and young people in New Zealand. It sets out the rights and responsibilities of those who work with children and young people, including tutors and other service providers, and requires such individuals to comply with certain standards of conduct and to report any concerns about the safety or well-being of children and young people.

6.2.2. The Education Act 1989: This act establishes the legal framework for the education system in New Zealand, and sets out the rights and responsibilities of schools, teachers, and other education providers. It requires education providers to maintain a safe and educational environment for students, and to take reasonable steps to protect their health and well-being.

6.2.3. The Health and Safety at Work Act 2015: This act establishes the legal framework for occupational health and safety in New Zealand, and applies to all workplaces, including tutoring businesses. It requires employers to take all practicable steps to ensure the health and safety of their employees and others who may be affected by their work, and to report any incidents or accidents that occur in the workplace.

6.2.4. The Privacy Act 1993: This act establishes the legal framework for the protection of personal information in New Zealand. It applies to businesses that collect, use, and disclose personal information about individuals, and sets out specific requirements for the handling of such information.

7. Disclaimer of Professional Advice

7.1. Good Tutors and its contractors, including tutors and other service providers, may or may not be not licensed professionals, and the services provided by Good Tutors do not constitute professional advice. Good Tutors and its contractors do not provide medical, legal, financial, or other professional advice, and users of the tutoring services should not rely on any advice provided by Good Tutors or its contractors as a substitute for such professional advice. Good Tutors and its contractors shall not be liable for any damages, losses, or causes of action that may arise from the reliance on or use of any advice provided by Good Tutors or its contractors.

8. Intellectual Property

8.1. Good Tutors has the right to use all intellectual property rights in the content, materials, and services provided on or through the Good Tutors website and tutoring services, including but not limited to trademarks, logos, service marks, trade names, copyrights, patents, and trade secrets. Users of the Good Tutors website and tutoring services are granted a limited, non-exclusive, non-transferable, revocable licence to access and use such content, materials, and services for their personal, non-commercial use. Users are not permitted to use, reproduce, modify, distribute, or create derivative works of any such content, materials, or services without the prior written consent of Good Tutors. Good Tutors reserves all rights not expressly granted in these terms of service.

9. Limitations of Liability

9.1. Good Tutors and its affiliates, employees and contractors assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the content, resources, programmes, advice, opinion or information provided through its services. You must evaluate and bear all risks associated with the use of any content, resources, programmes, advice, opinion or information including any reliance on the accuracy, completeness, or usefulness of the same.

9.2. Additionally, to the extent permitted by law, Good Tutors and its affiliates, employees and contractors will not be liable for any special, indirect, incidental, punitive, or consequential damages, or, without limitation, any loss, loss of profits, loss of data, cost of procurement of substitutive service, or any other such damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from (1) the use of, or the inability to use, the website or services; (2) the cost of procurement of substitute services, items, or web sites; (3) unauthorised access to or alteration of your transmissions or data; (4) or any other matter relating to media or services provided by Good Tutors. These limitations will apply whether or not Good Tutors has been advised to the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.

10. Indemnification

10.1. Users of the Good Tutors website and tutoring services agree to indemnify and hold Good Tutors and its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the user’s breach of these terms of service, or the user’s violation of any rights of another. Good Tutors reserves the right, at the user’s expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the user, and in such case, the user agrees to cooperate with Good Tutors’ defence of such claim.

11. Termination of Access and Services

11.1. Good Tutors reserves the right to terminate a user’s access to the Good Tutors website and tutoring services at any time and for any reason, at its sole discretion. Reasons for termination include but are not limited to: failing to abide by the Terms of Service; abusive, bullying, threatening or slanderous behaviour; behaviour that negatively impacts other students; repeated unexplained absence; and being unresponsive to communication. Upon termination, the user’s right to access and use the website and services will immediately cease. Any undelivered services that have been paid for in advance will be refunded. Good Tutors shall not be liable to the user or any third party for any damages, losses, or causes of action arising out of or in connection with the termination of the user’s access to the website and services. The user may terminate their access to the website and services at any time by giving notice (preferably in writing) to Good Tutors. A user who terminates their access to the website and services will not be entitled to a credit or refund or any other form of compensation for services already paid for.

12. Assignment or Transfer

12.1. These terms and conditions, and any rights and licences granted hereunder, may not be transferred or assigned by the user, but may be assigned by Good Tutors without restriction. Any attempted transfer or assignment in violation of this clause shall be null and void.

13. Complaints

13.1. If you have any concerns or complaints, please contact us by email at info@goodtutors.co.nz.

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