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Terms & Conditions
If you have any questions or comments
regarding our terms and conditions you can contact us at
terms@tutorme.co.nz
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TERMS AND CONDITIONS
Welcome to
TutorMe,
New Zealand's own online
tutoring community. These terms and conditions are intended to keep
TutorMe a safe place to advertise.
1.1 Acceptance of terms and conditions: The terms and conditions
set out below are the terms on which TutorMe Limited offers you access to
the TutorMe services. By registering as a member of TutorMe you accept
these terms and conditions. If you do not accept these terms and
conditions, you must refrain from using the TutorMe services.
1.2 Amendment of terms and conditions: These terms and
conditions may be updated from time to time. Amendments will be effective
immediately upon notification on this web site. You are responsible for
ensuring you are familiar with the latest terms and conditions and your
continued use of the services represents your agreement to be bound by the
terms and conditions as amended.
These terms and conditions were last updated
9th March 2003.
1.3 Terminology: In these terms and conditions, the following
expressions have the meanings set out:
'member' means a registered member of TutorMe;
'services' means any one or more of the services offered by TutorMe
Limited
'we', 'us' and 'our' are a reference to TutorMe Limited
'you' and 'your' are a reference to members;
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SPECIFIC WARNINGS
2.1 Description of the TutorMe service: TutorMe provides a venue
for tutors and students. TutorMe is only a venue, and does not take any
part in the tutoring process or payment for tutoring services. In the
event of a disagreement we do not act as agent for either party.
2.2 At your own risk: Transactions conducted with other members
are conducted entirely at your own risk. You agree that TutorMe takes no
responsibility for any misconduct of any of its members including without
limitation, members that have registered under false pretences or any
attempts by members to defraud other members. TutorMe gives no warranties
as to the content, safety, description or legality of its members or their
services.
2.3 Disclaimer: You expressly understand and agree that:
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Your use of TutorMe is at your sole risk.
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TutorMe makes no warranty that i) the services
provided will be uninterrupted, timely, secure, or error free, ii) that
the information provided on the web site is error-free or reliable, iii)
the quality of any services provided by TutorMe will meet your
requirements.
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We do not accept responsibility for any loss or
damage however caused (including through negligence) which you may
directly or indirectly suffer in connection with your use of this web
site or any linked web site nor do we accept any responsibility for any
such loss arising out of your use or reliance on information contained
on or accessed through this web site, nor do we accept responsibility
for the conduct of other members or third parties.
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Responsibility for the
content of advertisements appearing on this web site (including
hyperlinks to advertisers own web sites) rests solely with the
advertisers. The placement of such advertisements does not constitute a
recommendation or endorsement by us and each advertiser is solely
responsible for any representations made in connection with its
advertisement.
2.4 Liability and Indemnity: You agree that:
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We will be under no liability to you in respect
of any loss or damage (including indirect, special or consequential loss
or damage) which may be suffered or incurred by you or which may arise
directly or indirectly as a result of your use of the services offered
on this web site or in respect of any act, failure, omission or breach
of these terms and conditions by any member or another party to a
transaction.
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You release and indemnify us against all
actions, claims and demands (including the cost of defending or settling
any action, claim or demand) which may be instituted against us and
arising out a failure by us to comply with these terms and conditions or
a failure by the other party to a transaction to comply with these terms
and conditions or to complete a transaction.
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You also release and
indemnify us against all actions, claims and demands (including the
costs of defending or settling any action, claim or demand) which may be
instituted against us arising out of any act or omission on your part,
including but not limited to a failure by you to comply with your
obligations under these terms and conditions, or to complete a
transaction.
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BECOMING A MEMBER
3.1 Becoming a Member: Becoming a member is free and there are
no restrictions on who may become a member of TutorMe.
3.2 Accurate Information: You will provide complete and accurate
personal information when registering as a member. You will maintain and
update your personal information to keep it accurate and complete at all
times. You will not register as a member under multiple identities or
personas.
3.3 Termination of membership: TutorMe reserves the right to
terminate the membership of any member of TutorMe without entering into
further discussions with the member concerned. Membership will be
terminated if multiple or serious complaints are received from other
members, a member breaches these terms and conditions, or the site
administrator in their sole discretion deems the behaviour of the member
to be unacceptable. Members who have registered under multiple aliases
will have all of their aliases disabled.
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FEES AND ACCOUNTS
5.1 TutorMe Listing Fees and Success Fees
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TutorMe reserves the right to change the fees
charged for any of our services. In the event that we introduce a new
service, the fees for that service are effective at the launch of the
service, unless otherwise stated.
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All fees charged to TutorMe accounts are
inclusive of GST and in US dollars unless otherwise stated. No interest
or other financial charges will be applied to TutorMe account balances.
5.2 TutorMe Accounts
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TutorMe maintains credit accounts, allowing
members to use advertising options to place ads.
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The minimum payment to your TutorMe account is
$5 (US Dollars).
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Members with negative account balances are
required to settle any outstanding debts immediately. Members that fail
to settle outstanding account balances may have their memberships
suspended or terminated. TutorMe reserves the right to take further
action to recover outstanding debts and all charges in relation to the
recovery of outstanding debts are payable by the member.
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Members who request
their memberships be terminated will not be refunded the balance of any
credit account, subject to this clause. Promotional giveaways of TutorMe
credits, bonus credits, or any free credits gifted to the member on
registration will not be refunded. Credit balances on your account
remain available for the foreseeable future from the date of payment.
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GENERAL PROVISIONS
6.1 System Integrity: TutorMe will make the best possible
efforts to ensure the best possible availability of the TutorMe web site
and services, however TutorMe takes no responsibilty for any lack of
system availability, or any losses that are incurred as a result of site
availability or performance. No responsibility is assumed by TutorMe for
the corruption of any of the data held by TutorMe.
6.2 Resolution of disputes: TutorMe will not take part in the
resolution of disputes that arise between members as a result of the
services provided. Disputes should be resolved between the parties in
dispute either directly, or through the use of an appointed dispute
resolution expert.
6.4 Force Majeure: We accept no liability for any failure to
comply with these terms and conditions where such failure is due to
circumstances beyond our reasonable control.
6.5 No Waiver: If we do not exercise any rights available to us
under these terms and conditions on one occasion, it is not a waiver of
those rights.
6.6 Partial Invalidity: If any provision of these terms and
conditions are held to be invalid, unenforceable or illegal for any
reason, that provision shall be severed and the remaining terms and
conditions shall continue in full force and effect.
6.7 Governing Law: These terms and conditions are governed by
the laws of New Zealand.
6.8 Termination of Access: Access to this web site may be
terminated at any time by us without notice. Our disclaimer will survive
any such termination.
6.9 Copyright: Copyright in this web site (including text,
graphics, logos, icons, sound recordings and software) is owned or
licensed by us. You may not without our written permission, in any form or
by any means:
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Adapt, reproduce,
store, distribute, print, display, perform, publish or create derivative
works from any part of this web site; or
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Commercialise or
on-sell any information, items obtained from any part of this web site.
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