These Tutoring Terms govern the direct tutoring relationship between the relevant Scholar and Customer for tutoring arranged through HSCAssociate Scholars. HSCAssociate Scholars is operated by HSCAssociate Pty Ltd (ABN 79 700 889 961). HSCAssociate can be contacted at info@hscassociate.com.au.
HSCAssociate is not a party to the tutoring contract and is not the tutoring provider. The Scholar supplies tutoring services directly to the Customer and Student.
1. Parties
The parties to these Tutoring Terms are the Scholar and the Customer. The Customer may be the Student, a parent or a guardian depending on how the tutoring relationship is created.
2. HSCAssociate role
HSCAssociate provides the platform used to find Scholars, record tutoring relationships, schedule lessons, assign homework, publish reports and support payments. HSCAssociate does not provide the tutoring service itself.
3. Formation
A tutoring relationship is formed when the platform records the relationship and the Customer accepts these Tutoring Terms for that Scholar relationship. Enquiries, calls or messages alone do not complete formation.
4. Minors
Where the Student is under 18, a parent or guardian may need to manage or approve the tutoring relationship. The Customer must ensure they have authority to enter the arrangement.
5. Tutoring services
The Scholar agrees to provide tutoring services directly to the Student for the agreed subject, rate, duration, schedule and delivery mode recorded or otherwise agreed.
6. Scholar responsibilities
The Scholar is responsible for preparing for lessons, attending lessons, teaching professionally, maintaining appropriate boundaries, creating accurate records and using reasonable care and skill.
7. No guaranteed academic outcomes
Tutoring can support learning, but the Scholar does not guarantee a particular mark, ATAR, assessment result, scholarship, placement, admission or improvement.
8. Tutoring rate
The tutoring rate is the rate agreed between the Scholar and Customer. If the platform displays a relationship rate, that rate should be used unless the parties clearly agree otherwise before the relevant lesson.
9. Rate changes
The Scholar must give reasonable notice of rate changes before they apply. A rate change should not be applied retrospectively to a completed lesson unless the Customer clearly agreed before the lesson.
10. Lesson duration
Lesson duration should reflect the tutoring actually provided or the duration otherwise legitimately payable under a cancellation or no-show arrangement.
11. Scheduling
Lessons may be recurring or one-off. The parties should use the platform schedule where available and communicate promptly if a lesson time changes.
12. Historical lesson records
Historical lesson records may be created only for lessons that genuinely occurred and must accurately reflect the date, time, duration, subject and Student.
13. Overlapping lessons
An overlapping record does not by itself prove that tutoring occurred. The Scholar must ensure any overlapping entries are legitimate and explainable.
14. Cancellation and rescheduling
The parties should give reasonable notice if a lesson must be cancelled or rescheduled. The platform may support cancellation and rescheduling records, but the commercial effect depends on these Terms and any agreed arrangement.
15. No default cancellation fee
Unless the parties have clearly agreed a cancellation fee or no-show arrangement, cancellation does not automatically create a payable lesson fee.
16. No-shows
If a Student or Customer does not attend, the Scholar should record the situation accurately and communicate with the Customer. Payment for a no-show depends on any agreed arrangement and applicable law.
17. Tutoring payments
The Customer is responsible for paying legitimate tutoring fees for completed or otherwise payable lessons. Payment obligations are owed to the Scholar, not HSCAssociate.
18. Stripe
Payments may be processed through Stripe. Stripe may require authentication, card checks, connected account onboarding, risk review, refunds, disputes or other processing steps.
19. Automatic payment
If the Customer separately authorises automatic payments, eligible completed lessons may be charged automatically after they become payment-ready. The amount is based on the agreed rate and lesson duration.
20. Separate payment consent
Acceptance of these Tutoring Terms is not, by itself, authorisation for future off-session card charges. Automatic-payment consent must be collected separately in the payment flow.
21. Manual payments
If automatic payment is unavailable or inactive, the platform may show a manual payment due card. The Customer may need to complete the payment manually.
22. Outstanding payments
Outstanding payment records should be resolved promptly. The Scholar and Customer should cooperate to correct errors before escalation.
23. Payment records
The platform may store payment status, amount, rate, duration, Stripe references, refund status and related audit information to support payment administration.
24. Disputed charges
If a Customer disputes a charge, they should notify the Scholar or HSCAssociate promptly with relevant details. The parties should act reasonably and provide records requested for review.
25. Fraudulent charges
The Scholar must not seek payment for lessons that did not occur, were knowingly overstated, were duplicated, or were not legitimately payable. HSCAssociate may investigate suspected payment abuse.
26. Refunds
Refunds may be processed through the available payment workflow or by agreement between the Scholar and Customer. Stripe rules, bank timing and applicable law may affect refund processing.
27. Australian Consumer Law
Nothing in these Tutoring Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable law.
28. Remedies
Where a lawful remedy applies, the remedy may include re-supply of services, correction of records, refund, partial refund or another remedy required by law.
29. Homework
The Scholar may assign homework, practice tasks, short-answer tasks, essays, extended responses or other learning work. Homework should be relevant to the tutoring relationship.
30. Automated marking
Automated marking and AI-assisted feedback may support learning and administration. They are not official school marking and should be interpreted with appropriate human judgement.
31. Lesson reports
The Scholar may publish lesson reports or summaries through the platform. Reports should be accurate, professional and suitable for the Student and any linked parent or guardian.
32. Student responsibilities
The Student should attend lessons, participate respectfully, complete work honestly, communicate relevant learning needs and avoid academic misconduct.
33. Customer responsibilities
The Customer should provide accurate contact, payment, scheduling and student information, respond to reasonable communications and ensure any parent or guardian involvement is lawful.
34. Academic integrity
The parties must not use tutoring to cheat, submit dishonest work, impersonate a student, misuse confidential assessment material or breach school assessment rules.
35. In-person tutoring
If tutoring occurs in person, the parties are responsible for agreeing a safe and suitable location and complying with applicable safety, supervision and safeguarding expectations.
36. Online tutoring
If tutoring occurs online, the parties should use appropriate technology, maintain professional boundaries and avoid recording or sharing sessions unless lawful and agreed.
37. Conduct and safety
The Scholar, Student and Customer must communicate respectfully and avoid abusive, discriminatory, unsafe, unlawful or inappropriate conduct.
38. Working With Children Check
The Scholar must comply with applicable Working With Children Check or equivalent requirements. Customers may ask reasonable questions about safeguarding status.
39. Privacy
Personal information should be handled consistently with the HSCAssociate Scholars Privacy Policy and used only for legitimate tutoring, safety, payment and recordkeeping purposes.
40. Communications
Communications should remain professional and relevant to tutoring. The platform may retain communications and records for safety, audit, dispute and support purposes.
41. Reviews
Customers may provide fair and honest feedback where review features are available. Reviews must not be abusive, misleading, retaliatory or unlawful.
42. Scholar suspension
If HSCAssociate suspends or removes a Scholar from the platform, future scheduling and payment flows may be affected. Existing payment or dispute obligations may remain.
43. Relationship termination
Either the Scholar or Customer may end the tutoring relationship, subject to resolving completed lessons, outstanding payments, records, safety matters and any agreed notice or cancellation arrangement.
44. Complaints
Complaints may be raised with the Scholar or through HSCAssociate at info@hscassociate.com.au. Include enough detail to identify the relationship, lesson, payment or conduct issue.
45. HSCAssociate assistance
HSCAssociate may assist with support, safety, payment routing, records and dispute information, but it does not become the tutoring provider or a party to the tutoring contract.
46. Scholar liability
The Scholar is responsible for the tutoring services they provide and for loss caused by their breach, negligence, misconduct, fraud or unlawful conduct, subject to applicable law.
47. Customer liability
The Customer is responsible for payment obligations, accurate information and loss caused by their breach, fraud, misuse or unlawful conduct, subject to applicable law.
48. HSCAssociate liability boundary
To the maximum extent permitted by law, HSCAssociate is not liable as tutoring provider for the Scholar's tutoring services, teaching decisions, academic outcomes, missed lessons, relationship disputes or direct Scholar-Customer obligations.
49. No agency
The Scholar is not an agent of HSCAssociate or the Customer. The Customer is not an agent of HSCAssociate or the Scholar.
50. Entire tutoring agreement
These Tutoring Terms, together with the agreed relationship details, form the tutoring agreement between the Scholar and Customer for platform-managed tutoring.
51. Priority
If there is inconsistency between these Tutoring Terms and informal communications, these Tutoring Terms prevail unless the platform or a written agreement clearly records a lawful variation.
52. Term changes
HSCAssociate may update these Tutoring Terms for future tutoring relationships or may require reacceptance for continuing relationships where appropriate.
53. Electronic acceptance
Clicking an acceptance checkbox or continuing through a platform flow that clearly presents these Tutoring Terms may constitute electronic acceptance by the Customer.
54. Governing law
These Tutoring Terms are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts that hear appeals from them.
55. Notices
Notices about the tutoring relationship may be given through the platform, by email or by another contact method reasonably recorded for the relationship.
56. Severability
If any provision is invalid or unenforceable, it is severed to the extent necessary and the remaining provisions continue in force.
57. Waiver
A failure to enforce a provision is not a waiver. A waiver applies only to the specific matter for which it is given.
58. Schedule 1 - Relationship details
The relationship details may include Scholar, Student, Customer, subject, year level, rate, expected duration, delivery mode, recurrence, start date and relevant notes.
59. Schedule 2 - Payment schedule
Payment amounts are generally calculated from the agreed rate and actual or legitimately payable lesson duration. Stripe fees, refunds, disputes, authentication and processing timing may affect final settlement.
60. Schedule 3 - Cancellation arrangement
Any special cancellation or no-show arrangement should be clear, lawful and agreed before it applies. The absence of a special arrangement means there is no default cancellation fee under these Tutoring Terms.