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Modedu Terms of Service

Effective Date: 20 July 2025

1. Purpose

This document outlines the legal terms and conditions governing access to and use of the Modedu Platform and Services. These services include structured 1:1 tutoring, academic mentoring, and education consulting for students and families across Australia.

2. About the Platform and Website

  • Welcome to Modedu (the "Platform"), operated by Modedu Pty Ltd (ABN: 19 669 451 567) ("we", "us", "our").
  • The Platform facilitates:
    • Scheduling and delivery of tutoring and educational services;
    • Communication between Modedu and clients;
    • Support from Account Managers for educational planning;
    • Billing and subscription management.
  • All tutoring and consulting services are delivered by vetted educators engaged by Modedu. The Platform is not a marketplace and does not facilitate independent tutor-student arrangements.
  • By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, you must cease using the Platform immediately.
  • We may amend these Terms at any time by publishing the updated version on our website. We will make reasonable efforts to notify you of material changes via email or in-platform notification.

3. Acceptance of the Terms

  • Using the Platform;
  • Creating an account;
  • Clicking "Accept" when prompted.

4. Definitions

  • Student: The person receiving tutoring or educational services.
  • Parent/Guardian: The legal adult responsible for a Student under 18.
  • User: Any person accessing or using Modedu’s Services.
  • Tutor: A vetted educator engaged by Modedu.
  • Account Manager: A Modedu staff member assigned to support each family.
  • Services: Tutoring, mentoring, academic planning, or consulting provided by Modedu.

5. Registration and User Responsibilities

  • To access our Services, you must create an account and provide:
    • Full name and contact details;
    • Student details (if applicable);
    • Valid payment information.
  • You agree to:
    • Provide accurate and up-to-date information;
    • Keep login credentials confidential;
    • Not impersonate another user;
    • Not use the Services unlawfully or inappropriately.
  • Students under 18 must be registered by a Parent or Guardian.

6. Modedu's Model and Service Delivery

  • Modedu operates on a subscription-based model. We assign:
    • A dedicated Account Manager to every family;
    • A consistent team of Tutors for each subject.
  • Services may include:
    • 1:1 tutoring;
    • Subject and exam strategy;
    • University and career consulting;
    • Assignment feedback;
    • Workshops and seminars.
  • Modedu manages all tutor scheduling, communication, and billing.

7. Payment, Subscriptions & Invoicing

  • Modedu services are billed via weekly, fortnightly, or monthly subscriptions. Pricing depends on the number of sessions and services subscribed to.
  • Payments are processed automatically through your nominated payment method.
  • Parents/students upon signing to our platform agree to a minimum 12 week commitment to our program.
  • All first-time users will be charged $35 for an initial onboarding session, used to assign the most appropriate tutor. This session is non-refundable.
  • Failed or missed payments must be settled within 3 days. A $10 late fee will apply after this period. Unresolved non-payments may result in account suspension.
  • Accounts unpaid for more than 30 days may be referred to debt collection.

8. Session Rescheduling & Cancellation

  • Sessions can be rescheduled or cancelled with at least 24 hours' notice.
  • Sessions cancelled with less than 24 hours' notice, or unattended (no-shows), will be forfeited and charged.
  • Exceptions may apply for:
    • Medical emergencies (with certificate);
    • Mutual agreement via the Account Manager;
    • Other unforeseen circumstances (at Modedu’s discretion).
  • After two last-minute cancellations or no-shows, Modedu may pause tutoring or reassign Tutors.

9. Tutor Conduct and Engagement

  • Tutors engaged by Modedu are:
    • Vetted and trained professionals or high-performing university students;
    • Required to maintain a valid Working With Children Check (WWCC);
    • Monitored for quality assurance.
  • Direct communication or engagement with Tutors outside of Modedu is not permitted.
  • Tutors are not employees of the family but are subcontracted through Modedu.

10. Academic Integrity

  • Users must not:
    • Request Tutors to complete homework, assessments, or exams on behalf of themselves;
    • Engage Modedu in any form of academic dishonesty.
    • Use Artificial Intelligence platforms on behalf of themselves to produce completed work.
  • Breaches may lead to termination of Services without refund.

11. Intellectual Property & Content Use

  • Modedu owns all lesson content, resources, documents, and platform tools.
  • You may not:
    • Reproduce or share materials publicly;
    • Grant access to course content to others;
    • Republish or modify Modedu resources without written consent.

12. Introductory Sessions and Promotions

  • Modedu does not offer free trials.
  • All first sessions are charged at a discounted onboarding rate of $35, designed to introduce students to their assigned Tutor.
  • Promotions are discretionary, time-bound, and non-transferable.

13. Privacy

  • All personal data is handled in accordance with our Privacy Policy.
  • Data is collected to:
    • Assign suitable Tutors;
    • Track student progress;
    • Communicate and invoice;
    • Improve Services.
  • Your data is not shared with external parties except where legally required.

14. Limitation of Liability

  • To the extent permitted by law, our total liability for any claim arising out of or relating to these Terms or the Services shall not exceed the total amount paid by you in the one (1) month immediately preceding the event giving rise to the claim.
  • Where permitted by law, our liability is further limited to, at our discretion, resupplying the Services. Refunds are not provided, as Tutors are paid in full for all completed sessions.
  • We are not liable for any indirect, incidental, special, consequential, or exemplary damages, including loss of profit, goodwill, data, or other intangible losses, even if we have been advised of the possibility of such damages.

15. Termination

  • Either party may terminate these Terms for any reason whatsoever (or for no reason) given they have passed the minimum 12 week commitment mark.
  • Terminating the terms needs to be done by providing at-least 30 days' written notice of intention to terminate.
  • We may at any time, terminate the Terms with you by written notice with immediate effect, if:
    • you have breached any provision of the Terms or intend to breach any provision;
    • we required to do so by law;
    • we transitioning to no longer providing the Services to Members in the country, or state or territory of Australia, in which you are resident or from which you use the Service; or
    • our provision of the Services to you is, in our sole opinion, no longer commercially viable.
  • Subject to local applicable laws, we reserve the right to discontinue or cancel your membership at any time and may suspend or deny, at our sole discretion, your access to all or any portion of the Platform or the Services without notice if:
    • you breach any provision of the Terms or any applicable law;
    • if your conduct impacts our name or reputation or violates the rights of those of another party; or
    • we are required to do so by law.
  • When the Terms come to an end, all of the legal rights, obligations and liabilities that you and us have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force), or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

16. Indemnity

  • You agree to indemnify Modedu, our staff, partners, affiliates, and contractors against all claims, liabilities, costs (including legal fees), and damages arising from:
    • your content or data submitted via the Platform;
    • your use of or inability to use the Platform;
    • your breach of these Terms.

17. Dispute Resolution

  • Before commencing legal action (unless seeking urgent relief), both parties agree to:
    • provide written notice of the dispute, including details and desired resolution;
    • attempt in good faith to resolve the dispute within 14 days;
    • if unresolved, engage in mediation through a neutral third party, such as the NSW Small Business Commissioner;
    • share the costs of mediation equally.
  • All communications during this process are confidential and considered "without prejudice."
  • If the dispute remains unresolved 14 days after mediation begins, either party may withdraw and pursue further legal options.

18. Links

The Platform may contain links to third-party sites. Modedu is not responsible for the content or security of these sites. Accessing them is at your own risk.

19. Venue and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. Any disputes shall be resolved in the courts of New South Wales.

20. Governing Law

These Terms are governed by and interpreted in accordance with the laws of New South Wales. Any legal claims arising under these Terms must be resolved under these laws.

21. Independent Legal Advice

You acknowledge that these Terms are fair and reasonable, and that you have had the opportunity to seek independent legal advice.

22. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of law, that provision shall be removed, and the remainder of the Terms shall continue in full force.

Annexure A – Payment Policy

  1. All Services are billed through a subscription model unless otherwise agreed in writing. Families are charged based on the package of sessions selected at the time of enrolment.
  2. Payments are automatically deducted every Monday morning via the nominated payment method, unless the customer has paid upfront.
  3. The first onboarding session is charged at $35 and is payable before regular tutoring commences.
  4. Any failed payments must be rectified within 3 days. A $10 late fee will apply if payment is not received within this timeframe.
  5. Continued non-payment beyond 30 days may result in suspension of services, and any overdue account may be referred to a third-party debt collection agency for recovery (Marshall Freeman Debt Collection).
  6. Payment receipts are issued automatically via email after each successful transaction.
  7. All subscription charges are recurring unless cancelled in writing with at least 14 days’ notice.

Annexure B – Cancellation Policy

  1. A lesson is considered confirmed once scheduled by the Account Manager and accepted by the assigned Tutor.
  2. To cancel or reschedule a lesson without charge, families must provide at least 24 hours’ notice to Modedu via email or platform message.
  3. Lessons cancelled with less than 24 hours’ notice, or unattended without prior notice ("no-shows"), will incur a $35 cancellation fee. If the customer is on a subscription, the missed session will be added back to their account as a make-up credit, but the $35 fee will still apply.
  4. Exceptions to this policy may be granted at Modedu’s discretion in cases of:
    • verified medical emergencies;
    • family emergencies;
    • technical issues on Modedu’s end;
    • prior written agreement with the Account Manager.
  5. After two no-shows or last-minute cancellations, Modedu reserves the right to pause tutoring services or reassign the Tutor.
  6. Where possible, Modedu may attempt to reschedule a missed lesson within the same week, but this is not guaranteed.
  7. Tutors are authorised to make schedule changes or rearrange times directly with students and families, provided both parties mutually agree. This flexibility helps reduce administrative overhead and ensures smooth coordination.
  8. By continuing with tutoring services, families accept this policy as binding and understand that regular participation and communication is essential for successful outcomes.