Guided Homework Program Terms and Conditions

1. Terms and Conditions
1.1 APPLICATION
These Terms and Conditions (including the Privacy Policy and any Website terms of use) are a legal agreement between the Client and Mathsquad and apply to the provision of the Mathematics Tutoring Services to the Student by Mathsquad and the Client’s use of the Website.

1.2 ACCEPTANCE
The Client confirms their acceptance of these Terms and Conditions by submitting an Enrolment Form found within the trybooking site. These terms and conditions apply to subsequent cycles of the Guided Homework Program and also cycles of the Self Guided Homework Program.

1.3 AUTHORITY TO AMEND
No other persons other than the personnel of Mathsquad have authority to amend, vary or waive these Terms and Conditions. Mathsquad reserves the right to amend these Terms and Conditions from time to time and the Client’s continued use of the Website or subsequent purchase of any Programs following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

1.4 INTERPRETATION
Capitalised terms used in these Terms and Conditions have the meaning given in clause 12 unless the context otherwise requires.

2. Supply of Mathematics Tutoring Services
The Client agrees to accept and pay for, and Mathsquad agrees to provide, the Mathematics Tutoring Services subject to these Terms and Conditions.

3. Bookings
3.1 ENROLMENT FORM
The Client may request the provision of Mathematics Tutoring Services by completing and submitting an Enrolment Form through the Website.

3.2 ENROLMENT OF STUDENT
(a) On receipt of the Enrolment Form a Mathsquad representative will determine whether a Student can be enrolled to participate in the Program selected by the Client on the Enrolment Form.

(b) For the avoidance of doubt, Mathsquad reserves the right to not enrol the Student into the Program.
(c) If a Student is not suitable for the Program the Client will be contacted via Email and a full refund of any payment will be made.

4. Fees and Payment
4.1 Payment
Payment is required to secure enrolment.

5. Program
5.1 LATE SUBMISSION OR NON-SUBMISSION
(a) If the Student fails to submit a homework sheet by its specified Due Date, Mathsquad is not obliged to refund any portion of the Fee.
(b) If the Student submits a homework after the Due Date Mathsquad is not obliged to correct or provide feedback for the homework.

5.2 CANCELLATION
(a) If the Client wishes to cancel Program earlier than the block of Program is scheduled to finish then this must be put in writing by signed by the Client. This signed document must be emailed to wendy@mathsquad.org at least 24 hours before the next scheduled Due Date.

(b) An administration fee of $50 will be charged for cancellation.

(c) Mathsquad reserves the right to cancel the enrolment of a Student from a Program. In such event a refund of $20 per week remaining, and the Student would no longer be required to submit homework sheets and will not receive feedback. For example a Student’s enrolment could be cancelled if they are deemed by Mathsquad to not be coping with the content of the Program.

(d) If a Teacher is unable to provide feedback within 48 hours of the Due Date as a result of any circumstance beyond reasonable control, including but not limited to illness or technical malfunction, Mathsquad will (i) if possible provide feedback within a timely manner or (ii) give a refund of $25.

(e) If during one week there are significant website malfuntions that impact a Student’s learning and the Client informs Mathsquad a refund of $25 will be provided.

7. Disclaimer
7.1 SUITABILITY OF SERVICES
Mathsquad will exercise all reasonable care and diligence in providing the Mathematics Tutoring Services but to the maximum extent permitted by law does not make any guarantee, representation or warranty, either express or implied, as to the accuracy of, reliability of, or suitability for a particular purpose of, the Mathematics Tutoring Services and the Homework Materials, or to deliver any particular outcomes from the use of the Mathematics Tutoring Services and the Homework Materials and shall not be liable for any damage direct or consequential howsoever arising under these Terms and Conditions.

7.2 RELEASE
It is the sole responsibility of the Client to evaluate the relevance and suitability of the Mathematics Tutoring Services and Homework Materials and the Client acknowledges and agrees that Mathsquad is not liable for, and the Client releases, Mathsquad from any Claims relating to use of or reliance on any information, document, advice, Homework Materials or other materials provided by Mathsquad or in connection with the Mathematics Tutoring Services. In this clause, Claim means includes any allegation, action, demand, cause of action, suit or proceeding, howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at Law, in equity, under statute or otherwise.

7.3 EXCLUSION OF LIABILITY
(a) To the maximum extent permitted by law, Mathsquad’s liability under any condition or warranty which cannot be legally excluded is limited at the option of Mathsquad to supplying the Mathematics Tutoring Services again, or paying for the cost of having the services provided again.

(b) To the maximum extent permitted by law, Mathsquad will not be liable for, and the Client waives any right it has to claim, any loss of opportunity, loss of anticipated profits revenue or any indirect, special or consequential loss or damage of any nature whatsoever arising under or in any way in connection with the Mathematics Tutoring Services or these Terms and Conditions, whether in contract, tort (including negligence), under statute, in equity or otherwise; and

(c) Notwithstanding any other clause in these Terms and Conditions and to the maximum extent permitted by law, Mathsquad’s aggregate liability to the Client arising out of, or in connection with, Mathematics Tutoring Services or in any other manner related to these Terms and Conditions is capped at an amount equivalent to the Fee paid.

8. Intellectual Property
The Client acknowledges and agrees that Mathsquad retains ownership of all Intellectual Property created as a result of or in connection with the Mathematics Tutoring Services and the Program provided by Mathsquad. Mathsquad grants the Client a revocable, non-exclusive licence to provide the Homework Materials to the Student to use solely for personal, non commercial purposes. Neither the Student nor the Client is permitted to copy, modify, publish, communicate, broadcast, or share in any way the Homework Materials provided by Mathsquad., except as set out in this clause. The Client will ensure that the Student is aware of this clause 8.

9. Privacy
9.1 HANDLING OF PERSONAL INFORMATION
The Parties agree that personal information will be handled in accordance with the Privacy and Data Protection Act 2014 (Vic) including the Information Privacy Principles and Mathsquad’s Privacy Policy.

9.2 CONSENT
The Client gives Mathsquad permission to collect and store any personal details and other information provided by the Client in connection with the Mathematics Tutoring Services, in accordance with the Privacy Policy.

10. CONFIDENTIAL INFORMATION
A Recipient must not use or disclose the Discloser’s Confidential Information unless:

(a) the Discloser gives its written consent to disclosure or use of the information;

(b) the use or disclosure is required by law; or

11. Governing Law
These Terms and Conditions are governed by and must be construed in accordance with the Laws of the State of Victoria. The parties submit to the non-exclusive jurisdiction of the Courts of that State in respect of all matters or things arising out of these Terms and Conditions.

12. Definitions
In these Terms and Conditions, unless the contrary intention appears, the following words have the following meanings:.

Client means the parent or guardian of the student who is named on the Enrolment Form.

Confidential Information means information provided by or on behalf of a Party (Discloser) to the other Party or any of its representatives (Recipient) in relation to the Mathematics Tutoring Services and which:

(a) is communicated by the Discloser as being confidential;

(b) is by its nature, confidential;

(d) the Recipient knows or ought to know is confidential, but does not include information which:

(e) is already known by the Recipient without breach of any obligation of confidentiality; or

(f) is in or becomes in the public domain other than through a breach of these Terms and Conditions by the Recipient.

Confirmation means confirmation of receipt of payment.

Due Date refers to the specified date that a given homework sheet is due. There are 10 homework sheets in a program and one Due Date for each homework sheet

Enrolment Form means the form used by the Client to enrol the Student for the Program found on the trybooking Website.

Fee means the fee payable by the Client for the Program, as confirmed to the Client at the time the Enrolment form is submitted to the trybooking Website.

GST means any tax, levy, charge or impost generally imposed pursuant to the New Tax System (Goods and Services Tax) Act 1999, or any other Act of Parliament of the Commonwealth of Australia, which the parties are obliged to pay in respect of the supply of the Program.

Homework Materials means the Mathsquad Homework Sheets and Website Content accessed via https://mathsquad.org/ghp.

Intellectual Property means the Homework Materials, trade marks, trade names, domain names, logos, get-up, patents, inventions, registered and unregistered design rights, copyrights, circuit layout rights, and all similar rights in any part of the world (including know-how) including, where such rights are obtained or enhanced by registration, any registration of such rights and applications and rights to apply for such registrations.

Program means any involvement in the provision of the Mathematics Tutoring Services given by an Teacher as booked by the Client under these Terms and Conditions and set out in a Confirmation, subject to any rescheduling in accordance with these Terms and Conditions.

Mathematics Tutoring Services means the provision of mathematics Tutoring to the Student via online resources or communicated feedback with the intent to enhance their mathematics skills.

Student means each individual authorised by the Client to attend the Program provided by Mathsquad and who is named as the student on the Enrolment Form.

Teacher means the individual nominated by Mathsquad to provide the Program on behalf of Mathsquad to the Student.

Mathsquad means the service provider

Website means http://www.Mathsquad.org

Website Terms and Conditions of Use
1. Disclaimer
The content on the Mathsquad’ website is provided ‘as is’. Mathsquad makes no warranties, express or implied, or any guarantees as to the accuracy, currency, completeness or reliability of the information on this website.

Mathsquad accepts no responsibility for any loss or damage occasioned by use of this website or information contained on this website. All access to and use of this website and its information is at the risk of the user.

This website may contain links to third party websites which are provided for convenience only and should not be construed as an endorsement or approval of the website or its content by Mathsquad.

Mathsquad may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

2. Ownership of Website Contents
The logos, graphics, pictures, design, and layout (“Contents”) of the entire Mathsquad website are the exclusive property of Mathsquad. The Contents contained on this website shall not be reproduced, attached, copied, or linked to or from, any other website or any other print or electronic medium without the express written consent of Mathsquad .

Privacy Policy
Mathsquad will protect your personal information in accordance with the Privacy and Data Act 2014 (Vic)(The Act). These principles govern how we can collect, use, hold and disclose your personal information.

We advise that much of the information that you may have provided, or may be asked to provide to Mathsquad is ‘personal information’ as defined by The Act. Mathsquad collects and holds personal information such as the student’s name, gender, date of birth, age, school year, current school, phone number and the parents/guardians’ details such as their names and contact details. We typically collect and hold such information by requesting students and/or parents/guardians to fill out a Student Enrolment. We may store your information in hard copy or electronic format, in storage facilities that we own and operate ourselves, or that are owned and operated by our service providers. We take reasonable steps to maintain the security of your information and to protect it from unauthorised disclosures. Collection of your personal information is required for the purpose of administering our Mathsquad Tutoring business and to enhance the assistance that we are able to provide students.

In accordance with the Information Privacy Principles, your personal information may only be disclosed (i) to your parent/guardian (if you are a minor), (ii) as may be required by or authorised under law.

We may use your personal information to keep you informed of upcoming events and/or to offer you our products or services that we believe may interest you. If you do not want to receive such communications from us, please contact us. If you have any query or complaint regarding our approach to compliance with the Information Privacy Principle and/or wish to access or correct your personal information held by Mathsquad, please contact Mathsquad at 0411107926.

Mathsquad reserves the right to modify and change the Privacy Policy at any time. Any changes to this policy will be published on our site.