Terms of Service

To view this document in downloadable form, click here.

Purpose

The purpose of this website is to create a useful service for students and their parents to access tutoring services, connect with private tutors, and utilise  educational resources.

Parties

KIS Academics Pty Ltd, ACN 639 619 051, ABN 73 639 619 051 (subsequently referred to as "KIS Academics", “Keep It Simple Academics” or “the Company”) is the owner of kisacademics.com.au, kisacademics.com (subsequently referred to as “the “Website”) and learn.kisacademics.com (subsequently referred to as “the “School”). By signing up to kisacademics.com.au, kisacademics.com or learn.kisacademics.com you are entering into an agreement with KIS Academics to be bound by these Terms and Conditions.

Terms

By accessing the Website (KIS Academics), you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Website are protected by applicable copyright and trademark law.


Website Use License 👩‍💻

Terms of Use

In using the KIS Academics website, you agree not to do any of the following:

  • reproduce, reformat, reuse, transmit, communicate, adapt, distribute, sell, modify, store in a retrieval system or publish or otherwise use any of the material on this website (including without limitation any underlying source code or other data);
  • submit any false or misleading information;
  • use this website in a way that may harass, annoy or disrupt any third person, including a third person who may receive messages as a result of your use of this website; submit any threatening, defamatory, obscene, abusive or indecent material;
  • use any of the content on KIS Academics for commercial purposes or gain or to establish or operate your own product or offering;
  • contact tutors or students who advertise on this website for the purpose of re-advertising their services on a competing website;
  • data mine, scrape or conduct automated searches on this website or any information contained on it;
  • interfere with, or attempt to interfere with, the proper working of this website, (including, for example, by making excessive traffic demands on this website);
  • submit any material of any kind which contains a virus or other harmful component;
  • attempt to gain unauthorised access to any part of this website;

KIS Academics reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which breach any applicable or relevant law.

Intellectual Property Rights

All intellectual property rights (including logos, graphics, tutor profiles, jobs for tutors, text, software, and source code) displayed on or relating to this website are owned by KIS Academics.

Membership

Becoming a registered member of KIS Academics requires you to provide an email address and password. You are solely responsible for maintaining the confidentiality of your email and password. You must notify KIS Academics  immediately of any unauthorised use of your email and password. You are responsible for any authorised or unauthorised actions undertaken using your email address and password.

KIS Academics reserves the right to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a person's usage of the Site either temporarily or permanently, or refuse a tutor or student registration.


Online Programs Use License 💻

Terms of Use

By accessing this School (KIS Academics), you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this School are protected by applicable copyright and trademark law.

Appropriate use of Resources

  1. Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
  2. modify or copy the materials and store material that is not downloadable off the School website;
  3. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  4. attempt to decompile or reverse engineer any software contained on the School’s web site;
  5. remove any copyright or other proprietary notations from the materials; or
  6. transfer the materials to another person or 'mirror' the materials on any other server
  7. share login details to an individual who has not purchased a product, so that they may access course materials
  8. This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
  9. Permission is granted for only the sole purchaser/user of the KISAcademics course to access the course material. If it is found that login details have been shared and thus the terms of use breached, KIS Academics reserves the right to terminate access to an individual user's course without refund.

Intellectual Property Rights

All intellectual property rights (including logos, graphics, tutor profiles, jobs for tutors, text, software, and source code) displayed on or relating to this website are owned by the School.

Membership

Becoming a registered member of The School requires you to provide an email address and password. You are solely responsible for maintaining the confidentiality of your email and password. You must notify KIS Academics  immediately of any unauthorised use of your email and password. You are responsible for any authorised or unauthorised actions undertaken using your email address and password.

KIS Academics reserves the right to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a person's usage of the Site either temporarily or permanently, or refuse a tutor or student registration.

Disclaimer

The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Refunds

Online Courses by KIS Academics are non-refundable, unless an error has been made by KIS Academics. Refunds will not be provided unless there are exceptional circumstances and the decision to provide a refund is solely at the discretion of KIS Academics. To request for a refund, a request in writing will need to be provided to KIS Academics stating your name and contact details, the full history of the transaction in question, a detailed list of reasons why you are requesting a refund, copies of all relevant documents related to the situation and any other documents and information that may be deemed relevant. Requests for refunds will only be accepted if a request is made in writing (by email or letter). Credit may be given, at the Company’s discretion, to other KIS Academics courses after cancellations.

Free Trials

Some of the School's online courses will offer a free trial. For eligible courses, students are eligible to access a free trial for each course once. By signing up for a free trial, you understand that free access will only be granted for the duration of the trial period and afterwards, a paid subscription will commence, with charges being made either monthly or annually depending on the subscription type. Which courses offer a free trial period and the duration of this free trial period is at the complete discretion of KIS Academics.


Private and Group Tutoring Use License 🧑‍🎓

Terms of Service

By accepting tutoring services from a private tutor from KIS Academics, you are agreeing to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

When organising and attending lessons with a tutor, be they in-person or online, you will:

  • Treat KIS tutors with respect and will not harass, annoy, disrupt the tutor at any time including when organising lessons via text or email. You will not submit any threatening, defamatory, obscene, abusive or indecent material in communications with the tutor
  • Attend each Session on the date and time that you have organised with the Tutor, noting that each session can be changed by you prior to any Session commencing provided more than 24 hours notice is given to the tutor.
  • Pay any invoices within 3 days of the Session being held. Failure to do so means that KIS Academics Tutors will not provide future Sessions or Services. The Session fee should be paid in accordance with the selected ‘private tutoring tier’ rates and the selected payment methods as set out on the KIS Academics website.
  • You will only be charged after a Session has been held, for the Session duration, by a KIS Academics Tutor. All charges will be made in accordance with the KIS Academics TutorPay Terms of Service. Failure of Tutors to comply with KIS Academics TutorPay Terms of Service will be solely managed by KIS Academics, and full refunds will be provided to you for any inappropriate payments that have been made. It is your responsibility to notify KIS Academics of any inappropriate payments that are not in accordance with the KIS Academics TutorPay Terms of Service
  • KIS Academics holds the right, at the Company’s sole discretion and without prior notice, to terminate any relationship between the Tutor and you if the conduct of a Tutor comes into question.
  • Comply with all KIS Academics policies and procedures as updated by KIS Academics from time to time
  • KIS Academics will investigate any concerns that you may have about the quality of a Session. If KIS Academics finds that the quality of the Session was significantly below the standard expected by KIS Academics, KIS Academics may partially refund you for the cost of that Session. This is solely at the discretion of  KIS Academics

Payment Policy

KIS Academics will only collect lesson payments after a lesson has been completed.

The first lesson with a new KIS tutor will be charged as an invoice, sent to your chosen email address.
This invoice must be paid within 3 days after being issued.
Future lessons will be billed automatically via the KIS Academics TutorPay system. 1 hour after a lesson has been completed and tutors have logged the lesson as completed on our system, your card will be automatically charged for the lesson fee.

After any payment, invoice or automatic charge, a receipt will be sent to you via email.

All payments to KIS Academics are due within 3 days. Please ensure you pay within this time. Failure to pay for a lesson may result in tutors not conducting any future lessons until an overdue payment has been made.

Failure to pay an invoice for 30 days will result in a $20 late fee that will be charged in addition to any outstanding payments.

Failure to pay within 45 days will result in your account and details being forwarded on to Marshall Freeman Debt Collections for recovery.

Cancellation Policy

Once a lesson (either through in-person or online means) has been arranged, KIS Academics, acting as the Agent of the tutor, considers this booking to be final, subject to this cancellation policy. That is, the student agrees to pay for the arranged lesson unless specified otherwise in this document. Note that if a lesson is cancelled for any reason, the student must notify the tutor immediately. If the reason for cancellation is not acceptable and the lesson is cancelled by the student less than 1 hour prior to the arranged time, a cancellation fee of 50% of the planned lesson fee shall be charged.


What is an arranged lesson?

An arranged lesson is one which the student and tutor have agreed to hold at a particular time and place (either in-person or online). The agreement can be verbal or written. A lesson will be considered to have been arranged even if the tutor or student knew or ought to have known at the time of arrangement that the lesson would have to be cancelled. If an agreement is reached to continue holding lessons regularly for a period of time, it will be considered that lessons have been arranged, even if specific times and places have not been agreed.

If the student and tutor arrange to have a lesson subject to any conditions other than those listed in this document, the lesson will not be considered to have been arranged as long as any of the conditions are not met. However, as soon as all conditions are met, the lesson will be considered to have been arranged.

Acceptable reasons for cancellation

The student must not be charged for the lesson if the lesson is cancelled more than 1 hour before commencement solely due to:

  • the tutor cancelling the lesson for any reason, or failing to be at the agreed place at the agreed time for any reason;
  • the student being sick (as certified by a medical practitioner);
  • the student having an appointment which is:
  • important and urgent, and
  • unable to be rescheduled;
  • the student and the tutor agreeing to cancel the lesson without charge;
  • the student’s requirement to appear in court for any reason;
  • the student cancelling the lesson with sufficient notice, more than 1 hour prior to the commencement time of the lesson;
  • any other unforeseeable event which should reasonably take precedence over the student’s attendance at the lesson.

Unacceptable reasons for cancellation

The student will be charged for the lesson if the lesson is cancelled less that 1 hour prior to the commencement of the lesson due to:

  • the student’s lateness, including but not limited to lateness due to transport delays;
  • a reasonably foreseeable or regular event which would otherwise satisfy any of the acceptable reasons for cancellation above, with the exception of a court appearance;
  • any event which is unable to be rescheduled due to a lack of planning by the student;
  • other work or study commitments;
  • any unexplained failure to be at the agreed place at the agreed time.

Furthermore, the student will be charged for the lesson if:

  • the student fails to give sufficient notice of at least 1 hour of the cancellation of the lesson, unless the lesson is cancelled for an acceptable reason as defined in this document; or
  • the student’s failure to give immediate notice of the cancellation causes significant inconvenience to the tutor.

Variation of lessons

If the time, place or duration of a lesson is varied by mutual agreement without significant inconvenience to either the student or tutor, the lesson shall not be taken to have been cancelled.

Replacement lessons

The student will be charged for any lesson arranged in the stead of a cancelled lesson, unless the cancelled lesson was cancelled by the tutor and the cancellation caused significant inconvenience to the student.

Repeated Cancellations

After two no-shows or last-minute cancellations less than 1 hour before the arranged lesson time, the tutor may choose not to tutor the student any longer. This decision may be made at the discretion of the tutor or KIS Academics, acting as the Agent of the tutor.

Waiver of fees

The tutor or KIS Academics, acting as the Agent of the tutor, may choose not to charge the student for a cancelled lesson, even if the student would otherwise be charged under the terms of this policy. For tutors to process a missed lesson (without sufficient notice given), they must firstly contact KIS Academics administration to notify them of the cancellation.

Free Trial

KIS Academics offers new students a "Free 30 minute study skills consultation" for the purpose of making acquaintance with tutors they have been paired with and building a tutoring plan. Each student is entitled to one "Free 30 minute study skills consultation" per tutor they have been assigned, and may have as many sessions as they would like to with different tutors.

Tutors are instructed to not focus on covering content or learning materials during these sessions, but rather establish a working professional relationship with the student, understand their learning style and create a tutoring plan.

While the "Free 30 minute study skills consultation" is of no charge to the student, the Cancellation Policy still applies.

Lesson Continuity Policy

KIS Academics does not enforce strict lesson times or weekly sessions with parents or students, allowing clients to organise lessons on a flexible basis. However, in order to ensure consistent work for our tutors, maximise tutor availability and minimise waiting list times, KIS Academics enforces a "Lesson Continuity Policy."

If a student does not have a lesson with their assigned tutor for the duration of 22 days, their tutoring position with their KIS Academics tutor will be terminated and made available for other clients.

The tutor or KIS Academics, acting as the Agent of the tutor, may choose not to enforce the "Lesson Continuity Policy" in select situations (such as periods of school holidays), even if the tutoring position would otherwise be cancelled under the terms of this policy. In these situations, KIS Academics or the tutor must establish a verbal or written agreement to extend the leniency period past the 22 days, and the decision to waive the "Lesson Continuity Policy" is solely at the discretion of KIS Academics.

Disclaimer

While KIS Academics provides professional and knowledgeable tutors to students, we do not guarantee specific student results outside of the Private Tutoring Academics Results Guarantee. The result of a student is dependent on many factors, including their study habits, work ethic, schooling experience, teaching methods and engagement at school.

While KIS Academics endeavours to provide the best tutors possible to help support and guide the student, our tutors should not be viewed as a replacement for laziness, nor the providers of a guaranteed result. KIS Academics hereby claims that the Company will not be legally responsible should results not be deemed desirable by a Client.

The term ‘qualified’ on the KIS Academics site stands for a past Year 12 graduate who has attained the study score for their respective subject. ‘Qualified’ should not be confused with having earned a teaching degree unless otherwise stated by the tutor in their profile.

Refunds

Refunds will not be provided unless there are exceptional circumstances and the decision to provide a refund is solely at the discretion of KIS Academics. To request for a refund, a request in writing will need to be provided to KIS Academics stating your name and contact details, the full history of the transaction in question, a detailed list of reasons why you are requesting a refund, copies of all relevant documents related to the situation and any other documents and information that may be deemed relevant. Requests for refunds will only be accepted if a request is made in writing (by email or letter). Credit may be given, at the Company’s discretion, to other KIS Academics courses after cancellations.


Academic Honesty

You shall not use the Website to inquire about, engage in or aid or assist anyone with any form of academic dishonesty. For example, completing assignments or projects, writing papers or essays, taking (or help take) quizzes or examinations on someone’s behalf, or completing work in violation of academic policies or other conduct policies of a school, university, academic institution or workplace.

Limitations

In no event shall the School, its officers, employees and agents be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the KIS Academics website, even if the Company or an authorised of the Company has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

You will indemnify KIS Academics, its officers, employees and agents against all loss, damage, costs, professional fees and expenses (including legal fees), actions, claims and liability arising directly or indirectly from or in relation to your use or misuse of the Website including but not limited to any and all liability whatsoever for any claims, suits, injuries and/or damages arising from, or in any way related to: any inaccuracy, or incompleteness regarding a Tutor's profile, an online program, any misstatements or misrepresentations made by any Tutors or any inappropriate behaviour by a Party.

Revisions and Errata

The materials appearing on the KIS Academics website may include technical, typographical, or photographic errors. The Company does not warrant that any of the materials on its web site are accurate, complete, or current. The Company may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.

KIS Academics has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Company of the site. Use of any such linked website is at the user's own risk.

Site Terms of Use Modifications

KIS Academics 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 of Use.

Governing Law

Any claim relating to KIS Academics’ website shall be governed by the laws of the Company Owner’s home jurisdiction without regard to its conflict of law provisions.

Severability

If any part of these Terms of Use is held to be invalid or unenforceable that part shall be severed and the remaining Terms of Use will continue to be valid and enforceable.

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