All the information you need to know about our services, our website and the data you share with us.
Terms and conditions
The terms of service who regulate the provision of our services to you.
1.1 These Terms are between Antonino Nielfi (ABN 56 789 268 429) trading as Postgrade and Postgrade Tutoring, his successors and assignees (referred to as “we”, “us” or “our” in these terms and conditions) and you, the person, organisation or entity that engages us to perform the Services (referred to as “you” or “your”), and collectively the Parties. These Terms apply to all sales made by us to you
1.2 You have requested the Services, described on and able to be ordered via our Site. You accept these Terms by:
a) accepting these Terms online;
b) confirming by email that you accept the Terms;
c) instructing us to proceed with the Services; or
d) making part or full payment for the Services, set out in our tax invoice to you (Invoice).
1.3 You agree that these Terms form the agreement under which we will supply Services to you. Please read these Terms carefully. Please contact us if you have any questions using the contact details at the end of these Terms. Using or purchasing our Services indicates that you have had sufficient opportunity to read these Terms and contact us if needed, that you have read, accepted and will comply with these Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. You must not order or use the Services if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. If you do not agree to these Terms, you must not use or purchase our Services from us.
2. OUR TUTORING SERVICES
2.1 We agree to perform the Services with due care and skill.
2.2 We reserve the right to refuse any request that we deem inappropriate, unreasonable or illegal, or which is in breach of any university anti-plagiarism policies, or any other university academic policies.
2.2 We may provide the Services to you using our employees, contractors and third party providers and they are included in these Terms.
2.3 Third parties who are not our employees or our direct contractors will be your responsibility. We are not responsible for the products or services provided by those third parties.
2.4 If you request Variations, such as an extension of the time allocated to your session, we have discretion as to whether we accept them and whether an adjustment to the Fee may be required. If we are unable to accommodate the Variation, we may request that we be paid for Services performed to date and terminate these Terms.
2.5 If we agree to perform a Variation, we will inform you of any Variation Fee. You must pay the Variation Fee before we commence the Variation. We will invoice you accordingly for the Variation.
2.6 In some situations, tutors may be unavailable at short notice due to reasons we cannot control. In these situations, we will contact you to arrange a suitable alternative, such as an alternative tutor or an alternative date and time, and we will not be liable for any losses or damages that may arise.
3. FEE, INVOICING AND PAYMENT
3.1 You agree to pay us the amounts set out on our Site. All amounts are stated in Australian dollars. All amounts exclude Australian GST (where applicable). Payment may be made by way of the payment methods set out on any Invoice we provide to you.
3.2 For Services provided outside certain hours and on certain days, we may charge an ‘outside normal business hours’ surcharge (Surcharge) on top of our regular fees. The Surcharge is either posted on our Site or otherwise notified to you. The Surcharge applies for any Services provided:
a) from Monday to Friday, outside the hours of 9am-5pm;
b) on a Saturday or a Sunday;
c) on a public holiday.
3.3 The Surcharge is a cumulative fee. For example if you request our Services on a Saturday, which is a public holiday and for an appointment after 5pm, then the Surcharge for (a), (b) and (c) outlined above is added to the total Fee.
3.4 If you require us to review your work in a short timeframe, we may charge you a short turnaround fees, which will be added to our Fees.
3.5 You agree to pay our Invoices by the payment date set out on the Invoice. If you do not pay by the payment date, then we:
a) may refuse to provide you with further Services;
b) may charge interest at the rate of 2% per month, calculated daily, on any amounts unpaid;
c) have the right to engage debt collection services for the collection of unpaid and undisputed debts, and the right to commence legal proceedings for any outstanding amounts owed to us.
3.6 We reserve the right to report bad debts to independent credit data agencies.
3.7 Our pricing structure, payment methods and these Terms may be amended from time to time at our discretion. The changes will apply to you for Services provided to you after the date of the change, and in any event no earlier than the date that the amended or new Terms are provided to you. After a pricing change, you have the choice to continue using the Services, or to cease to use the Services without penalty.
3.8 Our fees are final and we will not provide refunds in any circumstances, to the extent permitted by law.
4. YOUR OBLIGATIONS AND WARRANTIES
4.1 You warrant that you will not employ, canvass, solicit, entice, induce or attempt to employ any employee or contractor that was employed by or contracted to us during the time that we provide Services to you or the 12 month period prior to that time.
4.2 You warrant that throughout the term of these Terms that:
a) there are no legal restrictions preventing you from agreeing to these Terms;
b) the information you provide to us is true, correct and complete;
c) you will cooperate with us and provide us the documents, essay or assignment that you would like us to review, within the time frame we outline, to enable us to perform the Services;
d) you will not request that we write or edit your essay or assignment, and we will not write or edit your essay or assignment;
e) you will not infringe any third party rights in working with us and receiving the Services; and
f) you will inform us if you have reasonable concerns relating to our provision of Services under these Terms, with the aim that we and you will use all reasonable efforts to resolve your concerns.
5. OUR INTELLECTUAL PROPERTY
5.1 The Materials contain material which is owned by or licensed to us and is protected by Australian and international laws. We own the Intellectual Property rights in the Materials including but not limited to copyright which subsists in all creative and literary works incorporated into our Materials.
5.2 You agree that, as between you and us, we own all Intellectual Property rights in our Materials, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights in our Materials, except as stated in these Terms or with our written permission.
5.3 Your use of our Materials does not grant you a licence, or act as a right to use, any Intellectual Property in the Materials, whether registered or unregistered, except as stated in these Terms or with our written permission.
5.4 You must not breach our Intellectual Property rights by, including but not limited to:
a) altering or modifying any of the Materials;
b) creating derivative works from the Materials;
c) copying, distributing, create distribute works from or reproduce the Materials; or
d) using our Materials for commercial purposes such as onsale to third parties.
5.5 We will license the Licensed Material to you upon full payment of our Invoices.
5.6 We grant you a perpetual, non-exclusive, revocable and non-transferable licence to use the Licensed Material for your own personal study and development.
5.7 If we provide you with any study guide, you must not provide this to anyone else. The guide is tailored for you and we do not authorise you to provide it to third parties.
5.8 This clause will survive the termination of these Terms.
6. YOUR INTELLECTUAL PROPERTY RIGHTS
6.1 If you provide information including any Intellectual Property to us, then you:
a) warrant that you have all necessary rights to provide the Intellectual Property to us;
b) warrant that you have not breached any university guidelines, including but not limited to anti-plagiarism guidelines, in writing or otherwise developing that Intellectual Property; and
c) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable licence to use the Intellectual Property in any way we require to provide the Services to you.
6.2 This clause will survive the termination of these Terms.
7. CONFIDENTIAL INFORMATION
7.1 We, including our employees and contractors, agree not to disclose your Confidential Information to any third party (other than, where necessary, third party suppliers, or as required by law); to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; only to use the Confidential Information for the purpose for which it was disclosed by you to provide better quality services to you and not for any other purpose.
7.2 You agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use the Confidential Information for the purpose for which it was disclosed or provided by us to you, to provide better quality services to you and not for any other purpose.
7.3 These obligations do not apply to Confidential Information that:
a) is authorised to be disclosed;
b) is in the public domain and/or is no longer confidential, except as a result of breach of these Terms;
c) is received from a third party, except where there has been a breach of confidence; or
d) must be disclosed by law or by a regulatory authority including under subpoena.
7.4 This clause will survive termination of these Terms.
8. FEEDBACK AND DISPUTE RESOLUTION
8.1 Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about the Services, please contact us.
8.2 If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:
a) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them at an initial meeting.
b) If the Parties cannot agree how to resolve the dispute at the initial meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
8.3 Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.
9.1 Either Party may terminate these Terms if there has been a material breach of these Terms, subject to following the dispute resolution procedure.
9.2 We may terminate these Terms immediately, at our sole discretion, if:
a) we consider that a request for the Services is inappropriate, improper or unlawful;
b) we consider that our working relationship has broken down including a loss of confidence and trust;
c) you fail to provide us with clear or timely instructions to enable us to provide the Services or you fail to provide us with the material you require to be reviewed in accordance with any time-frame we set out;
d) you commit a non-remediable breach of these Terms;
e) you commit a remediable breach of these Terms and do not remedy the breach within 5 days after receiving notice of the breach;
f) you act in a way which we reasonably believe will bring us or our business into disrepute;
g) an Invoice is overdue and you fail to pay an Invoice by the due date; or
h) for any other reason outside our control which has the effect of compromising our ability to perform the Services within the required timeframe.
9.3 On termination of these Terms you agree that any payments made are not refundable to you, and you are to pay for all Services provided prior to termination, including any Services which have been performed and have not yet been invoiced to you.
9.4 The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.
10. CANCELLATION AND RESCHEDULING
10.1 You must provide us with at least 24 hours’ notice if you need to cancel or reschedule an appointment with us.
10.2 If you request to cancel or reschedule an appointment with us, and you do not provide us with at least 24 hours’ notice, then you are liable for and must pay the Fee for that appointment.
11. CONSUMER LAW, LIMITATION OF LIABILITY AND DISCLAIMERS
11.1 Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010(Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
11.2 We guarantee that the Services we supply to you are rendered with due care and skill, fit for the purpose that we advertise, or that you have told us you are acquiring the Services for, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time.
11.3 Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for the Services is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
11.4 Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in the period set out on the Site where it is affected by your delay in response, or supply of incomplete or incorrect information.
11.5 Warranties: Except for your Statutory Rights, we exclude all express and implied warranties representations and guarantees and all material and work is provided to you without warranties, representations and guarantees of any kind, either express or implied. We expressly exclude all warranties including but not limited to implied warranties of merchantability and fitness for a particular purpose.
11.6 Availability: To the extent permitted by law, we exclude all liability for:
a) the Services being unavailable; and
b) any Claims (whether direct, indirect, incidental, special, consequential and/or incidental), for loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption or otherwise, suffered by you or made against you, arising out of or in connection with your inability to access or use the Services, or the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.
11.7 Not an essay writing service: We do not write essays for you. As part of our Services, we provide you with guidance, our comments, suggestions, including in-text suggestions but in no circumstances will we write or draft an essay or assignment for you. Please note that any suggestions we provide are suggestions only; it is up to you to decide whether you choose to accept our suggestions or not.
11.8 Our Services comply with generally accepted academic and university guidelines.
11.9 No grades or marks guarantee: We do not guarantee that on receiving our Services, that you will receive a certain mark or grade. Our Services are designed to give you the tools to effectively plan and write university essays, projects and theses. Ultimately, your performance in any university assignment is up to you. In no circumstances will we provide refunds if you did not achieve the mark or grade you were aiming for.
11.10 Academic guidelines: It is your responsibility to ensure that any material you submit to your university as part of an assignment meets academic guidelines, including but not limited to anti-plagiarism guidelines and integrity guidelines, provided by your university. We take no responsibility for ensuring that any work you submit meets any criteria set out by your university.
11.11 Submitting work on time: It is your responsibility to provide us with material for review with enough time for you to meet any university deadlines. While we will attempt to meet any requests to review material on short notice, you should allow ample time for us to review your work, then for you to make changes based in our suggestions. In our sole discretion we may add a “short turnaround fee” to our regular fees if you ask us to review work on short notice, in accordance with clause 4.
11.12 Limitation: To the extent permitted by law, our total liability arising out of or in connection with the Services, however arising, including under contract, tort including negligence, in equity, under statute or otherwise, is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates. Our total liability to you for all damages in connection with the Services will not exceed the price paid by you under these Terms for the 12 month period prior to the act which gave rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made.
11.13 This clause will survive termination of these Terms.
12.1 You are liable for and agree to indemnify, defend and hold us harmless for and against any and all Claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
a) any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
b) your breach of these Terms;
c) any misuse of the Services, the Site or the Materials by you, your employees, contractors or agents; and
d) your breach of any law or third party rights.
12.2 You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of the Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
12.3 This clause will survive termination of these Terms.
Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
13.2 Publicity: You consent to us using advertising or publicly announcing that we have provided Services to you, including but not limited to mentioning you on our Site and in our promotional material. We will always ask you before mentioning you on our Site.
13.3 Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
13.4 GST: If and when applicable, GST payable on the Fee for the Services will be set out on our Invoices. You agree to pay the GST amount at the same time as you pay the Fee.
13.6 Assignment: These Terms are personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent not to be unreasonably withheld).
13.7 Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.
Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.
13.9 Notice: Any notice required or permitted to be given by either Party to the other under these conditions will be in writing addressed to you at the address provided at the time you order our Services. Our address is set out at the end of these Terms. Any notice may be sent by standard post or email, and notice will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
13.10 Jurisdiction & Applicable Law: These terms are governed by the laws of New South Wales and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales.
13.11 Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between the Parties, whether oral or in writing.
14.1 Business Day means a day which is not a Saturday, Sunday or bank or public holiday in New South Wales, Australia.
14.2 Claim/Claims includes a claim, notice, demand, right, entitlement, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award, damage, loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to this Agreement or otherwise.
14.3 Confidential Information includes confidential information about you, your credit card or payment details, and the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information of either Party whether or not such information is reduced to a tangible form or marked in writing as “confidential”.
14.4 Fees are our fees for the Services.
14.5 GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.
14.6 Intellectual Property includes any and all present and future rights to intellectual and industrial property throughout the world, and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), patents, improvements, registered and unregistered trademarks, designs (whether or not registered or registrable), any corresponding property rights under the laws of any jurisdiction, discoveries, circuit layouts, trade names, trade secrets, secret processes, know-how, concepts, ideas, information, processes, data or formulae, business names, company names or internet domain names, and any Confidential Information.
14.7 Licensed Material means any essay writing guides, assignment guides or other academic guides we develop and provide to you.
14. 8 Materials means work and materials that we provide to you in carrying out the Services.
14.9 Services means the tutoring services described on our Site.
14.10 Site means our website https://www.postgrade.com.au/.
14.11 Terms means these terms and conditions.
14.12 Variation means amended or additional services, including but not limited to requests to extend an appointment beyond the allocated time.
14.13 Variation Fee means the additional cost for a Variation.
Antonino Nielfi (ABN 56 789 268 429) trading as Postgrade and Postgrade Tutoring
Last update: 30 April 2018
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The policy according to which we collect and manage the data you share with us.
The types of personal information we may collect about you include:
- your name;
- your contact details, including email address or your Skype, Messenger or WhatsApp details and/or your telephone number;
- your level of study, for example whether you are completing a Bachelor’s Degree or other degree;
- your address, including postcode;
- your banking details (for example, we sometimes receive screenshots, sms or emails of payment proof, which contain bank account details – these details are not details we expressly collect from you);
- details of services we have provided to you and/or that you have enquired about, and our response to you;
- your preferences and opinions (through surveys or that we collect informally);
- information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;
- additional personal information that your provide to us, directly or indirectly, through your use of our Site, associated applications, associated social media platforms and/or accounts from which your permit us to collect information; and
- any other personal information requested by us and/or provided by your or a third party.
We may collect these types of personal information directly from you or from third parties.
COLLECTION AND USE OF PERSONAL INFORMATION
We may collect, hold, use and disclose personal information for the following purposes:
- so we can provide our tutoring services to you;
- so we can provide our invoices to you;
- to enable you to access and use our Site, associated applications and associated social media platforms;
- to contact and communicate with you genearlly;
- if you provide us with your feedback, we may request that we place your comments on our Site as a testimonial;
- for internal record keeping and administrative purposes (we have budgets too!);
- for analytics, market research and business development, including to operate and improve our Site, associated applications and associated social media platforms;
- to run competitions and/or offer additional benefits to you;
- for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you;
- to comply with our legal obligations and resolve any disputes that we may have; and
- to consider your employment application.
DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES
We may disclose personal information to:
- third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;
- our employees, contractors and/or related entities;
- our existing or potential agents or business partners;
- sponsors or promoters of any competition we run;
- anyone to whom you business or assets (or any part of them) are, or may (in good faith) be, transferrred;
- credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
- courts, tribunals, regulatoru authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
- third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside or Australia;
- third parties to collect and and process data, such as Google Analytics or other relevant businesses. This may include parties tha store data outside of Australia.
By providing us with personal information, you consent to the disclosure of your personal information to third parties who reside outside Australia and acknowledge that we are not required to ensure that those third parties comply with Australian privacy laws.
HOW WE TREAT PERSONAL INFORMATION THAT IS ALSO SENSITIVE INFORMATION
Sensitive information is a sub-set of personal information that is given a higher level of protection under the Australian Privacy Principles. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information.
We do not currently collect sensitive information, however if we ever do collect this type of information, we will always ask for your consent.
Provided your consent, your sensitive information may only be used and disclosed for purposes relating to the primary purpose for which the sensitive information was collected.
Sensitive information may also be used or disclosed if required or authorised by law.
YOUR RIGTHS AND CONTROLLING YOUR PERSONAL INFORMATION
Restrict: You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using you personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.
Acess: You may request details of the personal information that we hold about you. An administrative fee may be payable for the provision of such information. In certain circumstances, as set out in the Privacy Act 1988 (Cht), we may refuse to provude you with personal information that we hold about you.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. we will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.
Complaints: If you believe that we have breached the Australian Privacy Principles and wish to make a complaing, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint.
Unsubscribe: To unsubscribe from our e-email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
STORAGE AND SECURITY
We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
COOKIES AND WEB BEACONS
We may ise web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.
We may use Google Analytics to collect and process data. To find out how Google uses data when you use third party websites or applications, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time.
LINKS TO OTHER WEBSITES
For any questions or notices, please contact our Privacy Officer at:
Antonino Nielfi (ABN 56 789 268 429) trading as Postgrade and Postgrade Tutoring
Last update: 4 June 2018
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