👋 Hi there!

Dadalearn is a platform that empowers students to reach their potential through the power of great teaching. We are parents, tutors and teachers on a mission to make learning and teaching better - welcome to our community!

💥 Disclaimer: While our Platform is designed to assist students to learn, grow and achieve better academic results, we do not guarantee any results, outcomes or that you will achieve any particular goals. You represent, warrant, acknowledge and agree that you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether any tutoring services or courses are or will be fit or suitable for your or your child’s particular purposes, or that you or your child will achieve any particular result or outcome from using the Platform), unless expressly stipulated in these Terms. As part of our Platform, we also provide a Resource Hub with useful study, exam preparation and learning materials, submitted by us, as well as our wider user base. While we use reasonable attempts to ensure the accuracy and completeness of the content and materials uploaded by us, we do not warrant the accuracy, suitability, completeness, lawfulness or usefulness of any content uploaded by users and you waive and release us from any liability in connection with use of such content.

📍Our Disclosures

Our complete terms and conditions are contained below, but some important points for you to know before you become a user of our Platform are set out below:

• We may amend these Terms at any time, by providing written notice to you and if you do not agree with such amendments, you may terminate these Terms in accordance with the Termination clause;
• You may cancel tutoring services or your participation in a Course at any time with 2-weeks’ notice (and where you have prepaid for an entire Course, we will provide you with a pro-rata refund);
• Our liability under these Terms is limited to us resupplying the Dadalearn Services to you or, in our sole discretion, to us repaying you the amount of the Service Fees or Course Fees (as applicable) paid by you to us in respect of the supply of the Dadalearn Services to which the Liability relates, or where there are no Service Fees paid, $50,
• We will not be liable for any Consequential Loss;
• We will have no liability for any aspect of the Student and Tutor interaction on the Tutoring Marketplace, including the services offered by the Tutor, the qualifications of a Tutor, the description of the services requested or offered, any advice provided, the performance of services and any event outside of our reasonable control, or any User Content.
• We will have no liability for the suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit, including a particular result) with respect to the Platform;
• We may terminate these Terms at any time by giving 30 days’ written notice to you; and
• We receive a service fee from each Tutor for payments made through the Platform in connection with the Tutoring Marketplace.

Nothing in these terms limit your rights under the Australian Consumer Law.

📍 Introduction

1. These terms and conditions (Terms) are entered into between DadaLearn Pty Ltd ABN 96 652 790 175 (we, us or our) and you, together the Parties and each a Party.
2. We provide a platform where teachers and tutors (Tutors) and students and their parents or guardians (Students) can connect and transact for Students to receive tutoring services from a Tutor, and Students can enrol in Courses provided by us (Platform).
3. In these Terms, you means (as applicable) the person or entity registered with us as either a Student (and where the Student is under 16 years, their parent or legal guardian that is signing up on the student’s behalf), Tutor or the individual accessing or using the Platform.
4. If you are accepting these Terms as a parent or legal guardian for your child, you represent, warrant, acknowledge and agree that you are the child’s parent or legal guardian, and are able to act on behalf of, and make decisions for, the child.

📍 Acceptance and Platform Licence

1. You accept these Terms by registering on the Platform and clicking “Join now”.
2. We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may terminate these Terms in accordance with the Termination clause.
3. Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
4. When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
   1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
   2. using the Platform to defame, harass, threaten, menace or offend any person;
   3. using the Platform for unlawful purposes;
   4. interfering with any user of the Platform;
   5. tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
   6. using the Platform to send unsolicited electronic messages;
   7. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
   8. facilitating or assisting a third party to do any of the above acts.

📍 Accounts

1. You must register on the Platform and create an account (Account) to access the Platform’s features.
2. You may only have 1 Account as a Tutor and 1 Account as a Student on the Platform.
3. You must provide basic information when registering for an Account including your contact name, phone number and email address and you must choose a password. As a Tutor, you must link your Stripe merchant account to your Account before you may start making Offers (as described in clause 5).
4. If you register an Account as a Tutor, your Account information will be used to create a profile which you may then curate.
5. All personal information you provide to us will be treated in accordance with our Privacy Policy.
6. You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person (other than where you are a student, with your parent or guardian, and where you are a parent or guardian, with your child). Your Account is personal and you must not transfer it to others.
7. You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
8. If you are a Tutor, we will review your request for an Account before approving the request. We may request additional information, including your qualifications and a Working With Children Check. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.

📍 Platform summary

1. We provide:
   1. the Platform to users (including hosting and maintaining the Platform);
   2. a space on the Platform where Students and Tutors can find each other and buy and sell tutoring services online (Tutoring Marketplace);
   3. the processing of payments between Students and Tutors on the Tutoring Marketplace;
   4. a space for users to upload resources that they would like to share with other users (Resource Hub); and
   5. online courses for Students, that are provided directly by us (Courses).
   6. (together, the Dadalearn Services).

You understand and agree that we only make available the Dadalearn Services. We are not party to any agreement entered into between a Student and a Tutor on the Tutoring Marketplace and we have no control over the conduct of Tutors, Students (including their parents or guardians) or any other users of the Tutoring Marketplace.

📍 Using the Tutoring Marketplace

1. A Tutor wanting to provide services creates an Account on the Platform and may curate their profile with an accurate and complete description of the tutoring services they can provide (including subject expertise), their experience, and their price range for the services (Tutor Listing). A Student wanting to find a tutor creates an Account on the Platform to view and browse Tutor Listings. If a Student wishes to express interest in the Tutor Listing, they may arrange an initial phone call through the Platform with the Tutor. Following the phone call, the Tutor may send the Student an offer through the Platform detailing the services to be provided, the frequency of sessions, and the cost, including any GST payable (Offer).
2. A Student may also create a listing setting out the by posting an accurate and complete description of the tutoring services they require through the Platform (Student Listing). If the Tutor desires to provide tutoring services to the Student in accordance with the Student Listing, they may arrange an initial phone call through the Platform with the Student. Following the phone call, the Tutor may send the Student an Offer.
3. If the Student accepts an Offer through the Platform, it becomes a Confirmed Booking.
4. By making an Offer, the Tutor confirms that it is legally entitled to and capable of supplying the services described in the Offer.
5. Tutors must include all additional terms and conditions relating to their services in the relevant Offer or must clearly state that there are additional terms and conditions. By accepting an Offer, a Student is accepting the additional terms and conditions of the relevant Tutor.
6. It is the Student’s responsibility to do their own due diligence on using a Tutor’s services and conduct any background checks on the Tutor (including requesting a copy of their Working With Children Check) before accepting any Offer.
7. All Tutoring Services are to be provided online via video conference by the Tutor to the Student. In the event that a Tutor and Student agree to conduct face-to-face tutoring, to the maximum extent permitted by law, we are not liable for, and the Student and Tutor waive and release us from and against, any liability arising out of in connection with the tutoring services occurring face-to-face. In any event, should face-to-face tutoring occur, we recommend that tutoring takes place in an open space, such as a dining room or study, where students can be supervised by a parent or guardian, and that parents or guardians do not leave their child or dependent alone with a Tutor.
8. Enrolling in a Course
   1. We set out on the Platform the various Courses we offer, including the price for the Course (Course Fee). If you would like to participate in a Course, you must complete an expression of interest form on the Platform.
   2. We may, at our absolute discretion, accept or reject your request to participate in a Course. If we need to reject your order, we will notify you within a reasonable period of time after your request.
   3. If we approve your request, we will send you an invoice for the Course Fee. Once the invoice is paid in full by you, a binding agreement is formed for the supply of the Course by us to you in accordance with these Terms.
   4. It is your responsibility to check the Course details, including selected Course, inclusions, timetable and pricing, before you accept a position in the Course by paying an invoice.
   5. Once your payment has been validated, we will provide you with a confirmation email, and details for how to access the Course.
9. Communication
   1. We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email.
   2. Students and Tutors can communicate privately using our private messaging service or offline using the listed contact details once a Confirmed Booking has been made. Students and Tutors must not use the contact details to organise the provision of the services off the Platform, or otherwise to attempt to circumvent the payment of Service Fees to us.

📍 Payments

1. Tutoring Marketplace
   1. As a Student, you agree to pay (and your chosen payment method will be charged) the fees in the Tutor's Offer at the times set out in the Offer, as well as the third-party payment processing fees set out on the Platform (Tutoring Fees).
   2. You agree that where you have agreed to pay a recurring fee, such amount will be charged to you on a recurring basis until you cancel the arrangement in accordance with our Refunds and Cancellation policy set out at clause 9.
   3. In consideration for providing the Platform, we will charge the services fees to the Tutor as set out on the Platform (Service Fee).
   4. Upon receipt of the Tutoring Fees from the Student, our third party payment processor, currently Stripe, will hold, and will pay the Tutoring Fees minus our Service Fee to the Tutor into the Tutor’s merchant account on a regular basis (the frequency is set out on our Platform) for all completed Confirmed Bookings within that period. Tutors agree that the provider of the merchant account, currently Stripe, may also charge a processing fee to the Tutor, as notified by them to you.
   5. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor (currently Stripe). By making payment through a third party payment processor, you accept the applicable terms and conditions.