Terms of Service

These terms apply to the TopOne Tutor website, course consultations and subject tutoring services. Please read them carefully before booking or purchasing services.

1. Acceptance of terms

These Terms of Service (“Terms”) are an agreement between you and TOPONE TUTORING PTY LTD (ABN 26 623 066 473, trading as “TopOne Tutor”, “TopOne”, “we” or “us”). By accessing this website, submitting an enquiry, making a booking or using our services, you agree to be bound by these Terms.

The specific subjects, tutors, format, times, prices, payment arrangements and other special conditions of paid lessons are set out in a quote, invoice, enrolment form, scheduling confirmation or other written communication (together, a “Service Confirmation”). Where a Service Confirmation is inconsistent with these Terms, the special conditions expressly agreed in the Service Confirmation prevail for that service — but nothing excludes consumer rights that cannot be excluded by law.

2. Minors and capacity to contract

Users aged 18 or over may purchase services on their own behalf. Students under 18 should use this website and our services with the knowledge and supervision of a parent or legal guardian, and payment arrangements must be agreed by a parent or guardian who has the capacity to contract.

Anyone who books or purchases services on behalf of a student confirms that they are authorised to provide the required information and make the relevant arrangements, and is responsible for explaining to the student the rules that apply to their use of the services.

3. Services and tutor matching

We provide course consultations, tutor matching and tutoring related to Australian high-school and university subjects. Information shown on the website is general service information and does not constitute a guarantee of any particular tutor, time, location, price, admission, grade or learning outcome.

We recommend tutors based on subject, curriculum, availability, learning goals and other reasonable factors. Tutor availability may change. If an original tutor can no longer teach, or the match is not working well, we will discuss it with you and make reasonable efforts to arrange a replacement tutor, reschedule, provide a balance credit, or otherwise deal with the affected undelivered services in accordance with applicable law.

Tutors may be employees of TopOne or independent service providers. Whatever the arrangement, scheduling, payment or complaints regarding TopOne lessons should be handled through TopOne’s official contact channels.

4. Fees, scheduling and cancellation

4.1 Prices and payment

Course fees, the unit of charge, payment dates, whether GST is included and the accepted payment methods will be set out in writing before you confirm a purchase. Unless stated otherwise, a quote applies only to the services and validity period noted in it. You must pay by the dates set out in the Service Confirmation or invoice.

4.2 Rescheduling, cancellation and non-attendance

The rescheduling or cancellation rules that apply to a particular lesson will be explained before booking or purchase. Please contact us as soon as possible if you cannot attend. Any cancellation fee or lesson deduction will only apply where it has been clearly disclosed in advance, is reasonable, and is consistent with the Australian Consumer Law.

If a Service Confirmation does not set out specific cancellation rules, we will deal with the matter fairly, having regard to the notice given, the time the tutor has reserved, costs already reasonably and unavoidably incurred, and whether the parties can reschedule. For lessons we cancel and cannot reasonably reschedule, we may choose to fully refund the amount paid for the affected part or convert it into an equivalent lesson credit.

4.3 Refunds

Refunds are handled in accordance with the Service Confirmation, these Terms and the Australian Consumer Law. Refunds for a change of mind may not necessarily apply; however, these Terms do not limit the remedies you are entitled to by law where services are not provided as agreed, have a major problem, or fail to meet a consumer guarantee.

5. Academic integrity and acceptable use

Tutoring is intended to help students understand knowledge, build skills and complete their own learning tasks. You must not ask a tutor or TopOne to:

• Write, complete or submit assignments, exams, quizzes, practicals, applications or other assessments on your behalf;
• Impersonate a student, assist with cheating or plagiarism, or circumvent the rules of a school, university, examination body or course platform;
• Obtain, share or use, without authorisation, exam questions, answers, accounts, copyright-protected material or another person’s personal information;
• Engage in conduct that is harassing, discriminatory, threatening, unlawful, fraudulent, or that endangers the safety of students, tutors or others.

We may decline requests that do not meet academic-integrity, safety or legal requirements, and may suspend or terminate services for serious or repeated breaches.

6. Student responsibilities and online lessons

Students should attend lessons on time, provide accurate course materials and learning goals, complete reasonable preparation as agreed, and comply with the policies of their educational institution. Students are responsible for their own final submissions, exam performance, subject selection and academic decisions.

When attending online lessons, you should arrange a stable internet connection, a compatible device and a quiet, safe study environment. You must not record, film, screenshot or distribute lesson content unless everyone involved has expressly agreed in advance. If a technical fault occurs, both parties should communicate promptly and make reasonable attempts to recover or reschedule.

7. Intellectual property

The text, design, images, trademarks, videos and other content on this website and in the original course materials we provide are owned by TopOne or the relevant rights holders. Except as permitted by law or with our written consent, they may not be copied, publicly distributed, sold, adapted, scraped or used for commercial training.

Provided you have paid the relevant fees and comply with these Terms, we grant you a limited, non-exclusive, non-transferable licence to use the course materials provided, solely for the personal study of the student receiving tutoring.

You retain rights in your own materials, and allow us to use them solely to provide, manage and improve the agreed services. You should ensure you are entitled to provide the relevant content to us.

8. Learning outcomes and website information

We will provide services with reasonable care and skill, but learning outcomes are affected by starting level, time invested, attendance, course difficulty, school marking and many other factors. Except as required by law, we do not guarantee any particular grade, ranking, admission, exam pass, employment or other outcome.

Website content is for general information only and is not a substitute for advice from a school, university, examination body, or migration, legal, financial or other professional. Course rules and exam requirements may change, and you should rely on the latest information published by the relevant educational institution.

The website may link to third-party services. We do not control third-party content, availability or privacy practices; please review their terms and policies before use.

9. Consumer guarantees

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Where applicable, you may be entitled to have a service problem remedied; if there is a major failure, you may be entitled to cancel the service and receive a refund for the unused portion, or compensation for the drop in value of the service; you may also be entitled to compensation for any other reasonably foreseeable loss or damage.

Nothing in these Terms — including any disclaimer, limitation, or cancellation or refund rule — is to be read as excluding, restricting or modifying any right, guarantee, warranty or remedy that cannot be excluded by law.

10. Limitation of liability

To the maximum extent permitted by law, we are not liable for loss that is not directly caused by our breach of these Terms, negligence or a statutory duty, or loss you could have reasonably avoided or mitigated. We are not responsible for decisions made where a student breaches academic-integrity rules, fails to follow an institution’s requirements, or relies on general website information.

Where the law allows us to limit our liability for services that are not of a personal, domestic or household kind, we may choose to supply the service again, or pay the reasonable cost of having it supplied again. This clause does not apply to liability that the law prohibits us from limiting, and does not affect the consumer guarantees that cannot be excluded under the Australian Consumer Law.

11. Suspension and termination

You may stop future services in accordance with the applicable Service Confirmation and these Terms. We may suspend or terminate services where there is non-payment, a serious or ongoing breach, fraud, a safety risk, harassment, an unlawful request, or where it is no longer reasonably practicable to continue; except in urgent or serious situations, we will try to explain the issue first and give a reasonable chance to remedy it.

On termination, we will account for services already delivered, reasonable and disclosed fees, and any undelivered services refundable by law. Terms that by their nature should continue — including those on payment, intellectual property, privacy, liability and disputes — survive termination.

12. Privacy

We handle personal information in accordance with our Privacy Policy. In using our services, you agree to provide accurate information and to respect the privacy of tutors, students and others.

13. Changes to terms

We may update these Terms to reflect changes in our services, operations or the law. The latest version will show its effective date on the terms page of the website. Changes that have a materially adverse effect on confirmed paid services will not apply retrospectively without your consent or as permitted by law; we will give separate notice where necessary.

14. Disputes and governing law

If you have a concern, please contact us first with details of the booking, payment and issue. We will investigate in good faith and try to resolve it by rescheduling, remedying the service, refunding or another appropriate means.

These Terms are governed by the laws of New South Wales, Australia. The parties accept the non-exclusive jurisdiction of the courts of New South Wales; if you are entitled by law to bring a consumer claim or proceeding in another jurisdiction, this clause does not limit that right.

15. Contact us

TOPONE TUTORING PTY LTD

• ABN: 26 623 066 473
• Trading as: TopOne Tutor
• Phone: (02) 8251 1980
• Email: info@toponeedu.com.au
• Service area: in-person tutoring is based primarily in Sydney; online tutoring is also available to students located elsewhere who are studying NSW university courses remotely.