Terms & Conditions
Terms & Conditions
These Terms incorporate any instructions or information related to the use of ATC Tutor that is listed on ATC Tutors, and in agreeing to these Terms you are bound by each of those things too.
Any information, text, files, images, graphics, photographs, videos, music, trademarks (registered or unregistered), designs, logos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content") are governed by these Terms and is the sole property of either ATC Tutors or ATC Tutor of users or other third parties who have granted us their permission to use it on ATC Tutor or ATC Tutors. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By using or accessing the Services you acknowledge and agree that you have had sufficient opportunity to read and understand the Terms and you agree to be bound by them. If you do not agree to any of the Terms, you must not use the Services. The Terms may be revised or updated from time to time and any updates are effective immediately on being published. This version is effective on the date set out below.
By visiting or using ATC Tutor or ATC Tutors, you warrant to us that you are over the age of 13. If you are not over the age of 13, a parent or legal guardian must use ATC Tutor or ATC Tutors on your behalf, or you must only use ATC Tutors with express consent of a parent or legal guardian, who will be bound by these Terms.
1. User Accounts
The terms in this clause 1 apply to use and setup of an account with ATC Tutor, whether you have accessed through the ATC Tutor site, ATC Tutors Services or via a third party or through the school of the student user or any other method set out or permitted on ATC Tutors. You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services. You should only provide Content that you are comfortable sharing with other users, your parent or guardian or your school.
In creating a ATC Tutor account you agree to not post content of explicit nature to ATC Tutor. This includes pornographic, illegal or violent material, material that breaches propriety or privacy rights, hateful, incitement, racial or discriminatory material or material promoting a terrorist or criminal activity. Content ATC Tutors believes is of this nature will be removed, the account closed and police alerted where required.
In order to use ATC Tutors you must register an account with ATC Tutors submitting any required data and personal information (or taking other reasonable steps) necessary to establish an account and subject to any limits on the use of pseudonyms, email addresses, URLs, domains notified by us. By doing so you agree that all data provided is accurate, true and up-to-date and agree to update your account with any changes or additions to data you have submitted as soon as practicable. You must not use any automated or other unauthorised means to register an account and we reserve the right to refuse, delete or lock registrations or accounts at our sole discretion.
You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that ATC Tutors provides are always evolving, and the form and nature of the Services that ATC Tutors provides may change from time to time without prior notice to you or other users. In addition, ATC Tutors may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally without prior notice.
We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
We also retain the right to close or limit the use of an account where there are reasonable grounds to believe that there are multiple people using the same account or student users repeatedly signing up.
You agree to make all payments required to use ATC Tutors, as set out on ATC Tutors or notified to you. By creating an ATC Tutors account, you warrant to us that you have obtained the express consent of a parent or legal guardian to provide his or her credit card details to make any payments required by the Services. By providing ATC Tutors with the credit card information of your parent or guardian, you herby acknowledge and agree to our credit facilitator Stripe, having access to storing and using such credit card information for the purpose of payment for ATC Tutors.
2. Contributions of Content by users
Upon contributing, submitting, posting or displaying Content on or through the Services, including via third party sites such as Facebook or Twitter, studentedge.com.au or through the school of the student user, all users grant ATC Tutors a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed), which includes its use on ATC Tutors as it operates from time to time, and our reasonable promotional or marketing purposes.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users. ATC Tutors will not be responsible or liable for any use of your Content by ATC Tutorsin accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
3. Licence to all Users
ATC Tutors grants all users a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by ATC Tutors as part of the Services.
This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by ATC Tutorsand Schools registered on our Services, in the manner permitted by these Terms
All right, title, and interest in and to the Services are and will remain the exclusive property of ATC Tutors.
The Services are protected by copyright, trademark and other laws of Australia and other foreign countries. Nothing in the Terms gives you a right to use the ATC Tutors name or the ATC Tutors trademark, logos, domain names, and other distinctive brand features.
Any feedback, comments, or suggestions you may provide regarding ATC Tutors, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
We may, as we find necessary, make amendments to these Terms. You can view a current version of our Terms at australianteachers.com.au/terms. Your continued use of ATC Tutors following amendments to our terms constitutes your acceptance of our amended terms.
5. Content on the Services
All Content, whether publicly posted or privately transmitted is the sole responsibility of the person who originated such Content. We may not monitor, control or honour the Content posted via the Services and, we do not take responsibility for such Content.
Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, tact, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services.
You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will ATC Tutors be liable in any way for any Content, including, but not limited to, any promises, errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
ATC Tutors will not honour any deals, promotions or promises made by any of the schools using ATC Tutors. Nor does it regulate, control or monitor offensive, adult or religious material.
6. Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames.
You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
You may not use the Service for any illegal or unauthorised purpose.
You agree to comply with all laws, rules and regulations (for example, federal, state and local) applicable to your use of the Service and your Content, including but not limited to, copyright laws.
You may not publish images of children under the age of 18 years without the express consent of the parent or guardian of such child or children.
You may not post Content that is subject to copyright or other lawful restriction and claim that Content as your own without the express written permission of the copyright holder.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
satisfy any applicable law, regulation, legal process or governmental request;
enforce the Terms, including investigation of potential violations hereof;
detect, prevent, or otherwise address fraud, security or technical issues;
respond to user support requests: or
protect the rights, property or safety of ATC Tutors, its users and the public.
You may not do any of the following while accessing or using the Services:
access, tamper with, or use non-public areas of the Services, ATC Tutors’s computer systems, or the technical delivery systems of ATC Tutors’s providers;
probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by ATC Tutors (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with ATC Tutors;
6.9.4. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or
interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We suggest you use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. ATC Tutors cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
ATC Tutors respects the intellectual property rights of others and expects users of the Services to do the same. However, ATC Tutors will not respond to, or become involved in any copyright disputes originating from the use of ATC Tutors’s Services or Content. We reserve the right to remove Content alleged to be infringing, without prior notice and at our sole discretion. In appropriate circumstances, ATC Tutors will also terminate a user’s account.
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, ATC Tutors and its partners disclaim any warranties, express of implied, of merchantability, fitness for a particular purpose, or non-infringement. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. ATC Tutors will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that ATC Tutors has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. While we endeavour to provide the highest quality of services we do not guarantee the accuracy of answers or guarantee an improvement in student’s learning outcomes, understanding or learning experience by using ATC Tutors Services No advice or information, whether oral or written, obtained from ATC Tutors or through the Services, will create any warranty not expressly made herein.
7. Links to Third Parties
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for:
the availability or accuracy of such websites or resources; or;
7.1.2 the content, products, or services on or available from such websites or resources;
Links to such websites or resources do not imply any endorsement by ATC Tutors of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
The Services may include advertisements from our approved third party partners (“Third Party”), which may be targeted to the user. The types and extent of advertising by ATC Tutors on the Services are subject to change. If a user is uncomfortable with advertisements from a Third Party they should advise ATC Tutors.
In consideration for ATC Tutors granting you access to and use of the Services, you agree that ATC Tutors and any Third Party may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
Any third party good or service advertised on ATC Tutors is not an offer from us. Your only agreement with us is to use ATC Tutors and the Content. When you purchase goods or services offered by any Third Party, the contract or agreement for provision of goods or services is between you and the Third Party.
8. Limitation of Liability
To the maximum extent permitted by applicable law, ATC Tutors and its affiliates, officers, employees, contractors, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, good-will, or other intangible losses, resulting from:
your access to or use of or inability to access or use the services
any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties;
any Content obtained from the Services;
unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not ATC Tutors has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose;
the publication of Content that does not meet the requirements of these Terms.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
You agree to indemnify and hold harmless us and our affiliates, officers, agents, employees or agents from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of the Terms, or your violation of any law or the rights of any party. You also agree to indemnify us from any and all damage you may cause us, our business or ATC Tutors due to your interactions with us, any negligent act or omission or wilful misconduct or any claim, suit or action bought against us as a result of your acts or omissions.
This Clause contains continuing separate obligations and it survives termination.
We reserve the right, without notice and in our sole discretion, to restrict, suspend or terminate your ability to use ATC Tutors or Content, and to limit, block or prevent access to and use of ATC Tutors or Content. Failure by you to abide by the Terms in any way may revoke your authorisation to use ATC Tutors including any license granted to you. We will not be liable for any damages, loss or expenses of any kind, including indirect or consequential, suffered or incurred by you in any way (including negligence) as a result of refusal, termination, change or removal, or in connection with your reliance on ATC Tutors, in any way, other than any refund under these Terms.
12. Waiver and Severability
The failure of ATC Tutors to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and conditions outline any action related thereto. They will be governed by the laws of the State of Western Australia without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Western Australia and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Date of Last Revision: 25 January 2016
The ‘ATC Tutors’ application and service, and related sites, domains, pages or applications (ATC Tutor), is owned and operated by Australian Teachers Corporation Pty Ltd (ABN 92 102 617 673) (us, our or we).
We recognise the importance of protecting the privacy of any information capable of identifying an individual (Personal Information) and adhere to the Australian Privacy Principles (AAP’s) in the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth), which amends the Privacy Act 1988 (Cth).
ATC Tutor is an online educational support system used by high school students (Students) to obtain educational advice from past high school students (Gurus) Students are “users” of ATC Tutors. ATC Tutors collects information to register these users to the service, as well as contact details of users to perform business management functions.
Collection of Information
If you do not provide your Personal Information to us we may not be able to provide you with the goods and services you have requested.
You may not use a pseudonym in providing Personal Information to us for the purposes associated with using the service, including receiving our Newsletter or general information from our website.
Use of Information
As part of you using ATC Tutors, we may collect Personal Information about you in order for us to provide you with services, information, news and surveys and for you to take full advantage of our services. To do this it may be necessary for you to provide certain Personal Information to us to collect, hold and use as detailed below.
We will collect Student’s Personal Information, via our user registration process, in order to provide Students with our ATC Tutorsservices or products. This may include first name, surname, title, email address, phone number, a password and which schools you are associated with, as well as the year group or age, and the classes in which the Students are enrolled.
This may also include Personal Information about the use of ATC Tutors by you (including which updates you have reviewed and interacted with).
We will also collect credit card information of any parent or legal guardian of a student who has expressly consented to make payments by credit card on behalf of a student for any of our ATC Tutors services.
We may also collect Personal Information about you, your activities or any related parties from you personally, by telephone, email, written correspondence or from third parties, such as schools, that you authorise to provide us with your Personal Information.
General Enquiries about our services may involve you providing us your Personal Information. This information is necessary for us to respond to your enquiry.
You agree to us collecting, holding and using your Personal Information for these purposes.
Browsing Information and Cookies
Our servers, and third parties we permit to, may gather your IP address and browser details, and related information on location, software, ISP and page requests, to collect website statistics associated with ATC Tutors. This aggregate information will be used to assist in analysing usage of the site.
Cookies and Applets
Disclosure of Information
Apart from where you have consented, or any disclosure is necessary to achieve the purpose for which Personal Information was submitted, Personal Information may be disclosed in particular situations where we have a reason to believe that doing so is necessary to identify, contact or bring action against anyone who may be damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities. Also, we may disclose Personal Information when we believe in good faith that the law requires disclosure.
We may engage third parties to provide you with goods and services either on our behalf or directly to you, or to assist us or to assist other third parties in providing you with goods and services. In these circumstances only, you agree to the disclosure of your Personal Information to those third parties in order to meet your request or order for any goods or services.
We disclose Personal Information to overseas recipients located in the United States of America and we therefore believe that they protect your Personal Information under their local laws in a substantially similar way to the Australian Privacy Principles and have mechanisms in place should you need to take action to enforce those protections.
Holding of Information
We will store Personal Information by holding it in physical form or printed copies, internal database and third party databases or data services for the uses and purposes listed in Clause 3. We will take reasonable steps to destroy or permanently de-identify Personal Information that is no longer needed for any purpose for which the Personal Information may need to be used. However, some Personal Information may need to be stored as archives for record-keeping purposes.
Integrity of Personal Information
We endeavour to take reasonable steps to protect and keep secure, and ensure the security, integrity and privacy of, Personal Information submitted to us, and ensure it is not misused, lost or accessed without authorisation, and to review and update our security measures regularly.
Our employees and the contractors who provide services to us are obliged to keep Personal Information held by us confidential.. However, we will not be held responsible for events arising from unauthorised access to Personal Information.
Access to Information
Links to other sites
Problems or questions
For more information about privacy in Australia and protecting your privacy, visit the Australian Information Commissioner's website: http://www.oaic.gov.au/.
ATC Tutors is committed to providing you with the best possible customer service experience. ATC Tutors is bound by the Privacy Act 1988 (Crh), which sets out a number of principles concerning the privacy of individuals.
Collection of your personal information
There are many aspects of the site which can be viewed without providing personal information, however, for access to future ATC Tutors customer support features you are required to submit personally identifiable information. This may include but not limited to a unique username and password, or provide sensitive information in the recovery of your lost password.
Sharing of your personal information
We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support enquiries, processing transactions or customer freight shipping. Those companies will be permitted to obtain only the personal information they need to deliver the service. ATC Tutors takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
Use of your personal information
For each visitor to reach the site, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalised content to you while you are at this Site.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.
Accessing Your Personal Information
You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. ATC Tutors reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.
Call: 1300 122 804
P.O. Box 822
South Perth Western Australia
E-mail: admin@ atctutor.com
ATC Tutors and all related sites, domains or pages (the "Services") of Australian Teachers Corporation Pty Ltd ABN 92 102 618 673(“ trading as ATC Tutors')