Terms of Service

1. About CramClass and these Terms

CramClass is an online marketplace operated by Alucinari (ABN 83 375 508 206) trading as CramClass, with its principal place of business in Sydney, New South Wales, Australia (“CramClass”, “we”, “us”, “our”).

CramClass connects university students (“Tutors”) with students and their parents or guardians (“Students” or “Parents”) for the purpose of online tutoring sessions, primarily focused on selective school preparation and HSC studies in Australia.

These General Terms of Service (“Terms”) govern your access to and use of the CramClass website located at cramclass.com and any related services (together, the “Platform”). By creating an account, you confirm that you have read, understood, and agree to be legally bound by these Terms.

If you do not agree to these Terms, you must not use the Platform.

These Terms are a legally binding agreement between you and CramClass. If you are under 18 years of age, your parent or legal guardian must read and accept these Terms on your behalf. By allowing a minor to use the Platform, a parent or guardian accepts these Terms and accepts responsibility for the minor’s use of the Platform.

2. Eligibility and Account Registration

2.1 Students and Parents

Any person may register as a student or parent on the Platform. Where the student is under 18 years of age, the account must be created and managed by a parent or legal guardian. By creating an account on behalf of a minor, you represent and warrant that you are that minor’s parent or legal guardian and that you have the authority to bind the minor to these Terms.

2.2 Tutors

To register as a Tutor, you must:

• Be aged 18 years or older at the time of registration
• Be currently enrolled at, or have graduated within the past five (5) years from, an Australian university
• Hold an Australian Tertiary Admission Rank (ATAR) of 90.00 or above, or equivalent selective school entry result, as verified by documentation
• Hold a current and valid Working With Children Check (“WWCC”) for your state or territory of residence, or obtain one prior to your first tutoring session
• Not be prohibited by any law, court order, or other restriction from working with children
• Have a valid Australian bank account for the purposes of receiving payments

2.3 Account Accuracy

You represent and warrant that all information you provide when creating or updating your account is accurate, complete, and current. You are responsible for maintaining the confidentiality of your account credentials. You must notify CramClass immediately at hello@cramclass.com if you become aware of any unauthorised use of your account.

2.4 One Account Per Person

You may only hold one active account on the Platform. CramClass reserves the right to merge or close duplicate accounts.

3. The CramClass Marketplace

3.1 Marketplace Model

CramClass is a marketplace only. We do not employ Tutors, and Tutors are not agents or representatives of CramClass. Each Tutor operates as an independent contractor. CramClass does not control, supervise, direct, or manage how Tutors conduct their sessions.

3.2 No Employment Relationship

Nothing in these Terms creates an employment relationship, partnership, joint venture, agency, or franchise between CramClass and any Tutor. Tutors are solely responsible for their own tax obligations, superannuation, insurance, and compliance with all applicable laws.

3.3 Session Content

CramClass does not create, review, or endorse any content or advice provided by Tutors during sessions. Tutors are responsible for the accuracy, quality, and appropriateness of all content they provide.

4. Bookings, Payments and Refunds

4.1 Booking

Students may book tutoring sessions through the Platform by selecting a Tutor, choosing an available time slot, and completing payment. A booking is confirmed only upon receipt of payment in full.

4.2 Platform Fee

CramClass charges a platform service fee of fifteen percent (15%) of the total session fee. This fee is deducted automatically from the Tutor’s payout. Students pay the full session rate displayed at the time of booking.

4.3 Payment Processing

All payments are processed by Stripe, Inc., a third-party payment processor. CramClass does not store credit card or debit card information. By making a payment, you also agree to Stripe’s terms of service available at stripe.com/au/legal.

4.4 Cancellation and Refunds

(a) Where a Student cancels a confirmed booking more than twenty-four (24) hours before the scheduled session start time, the Student will receive a full refund of the session fee to their original payment method within five (5) to ten (10) business days.

(b) Where a Student cancels a confirmed booking within twenty-four (24) hours of the scheduled session start time, no refund will be issued, and the Tutor will receive their full payout as if the session had taken place.

(c) Where a Tutor cancels a confirmed booking at any time prior to the session start, the Student will receive a full refund of the session fee within five (5) to ten (10) business days. Repeated tutor cancellations may result in suspension or removal from the Platform.

(d) Where a Tutor fails to attend a confirmed session without prior cancellation (a “no-show”), the Student will receive a full refund and the Tutor will not receive any payout for that session.

(e) Where a Student fails to attend a confirmed session without prior cancellation (a “no-show”), no refund will be issued and the Tutor will receive their full payout.

4.5 Disputes

In the event of a dispute regarding a session, booking, or payment, you must contact CramClass at hello@cramclass.com within seven (7) days of the session date. CramClass will investigate and, in its absolute discretion, determine the outcome of any dispute. CramClass’s decision is final and binding.

4.6 Tutor Payouts

CramClass will transfer the Tutor’s share of completed sessions (being eighty-five percent (85%) of the session fee after deduction of the platform fee) to the Tutor’s nominated Australian bank account on a weekly basis, typically every Friday. CramClass reserves the right to withhold payment in the event of an ongoing dispute, investigation, or suspected fraud.

5. Sessions and Google Meet

5.1 Online Sessions

All tutoring sessions are conducted online via Google Meet. CramClass generates and provides a unique Google Meet link to both parties upon confirmation of a booking. CramClass is not responsible for any technical issues with Google Meet or any interruptions to session delivery caused by internet connectivity problems, device failures, or third-party platform outages.

5.2 Session Conduct

All users must conduct themselves professionally and respectfully during sessions. Sessions must not be recorded, screenshot, or otherwise captured by either party without the express prior written consent of the other party. Recording a session without consent may constitute an offence under the Surveillance Devices Act 2007 (NSW).

5.3 Off-Platform Arrangements

It is a breach of these Terms for a Student, Parent, or Tutor to arrange, conduct, or pay for tutoring sessions outside of the Platform where the parties first connected through CramClass. Any such arrangement deprives CramClass of its platform fee and may result in immediate account suspension. This restriction applies for a period of twelve (12) months from the date of the last session booked through the Platform.

6. Prohibited Conduct

You must not use the Platform to:

• (a) Misrepresent your identity, qualifications, ATAR, school background, or any other information on your profile;
• (b) Submit false, misleading, or forged documents including ATAR result letters, WWCC certificates, or identity documents;
• (c) Engage in harassment, bullying, discrimination, or inappropriate communication toward any other user;
• (d) Share personal contact information (phone numbers, personal email addresses, personal social media profiles) with another user before a confirmed booking has been made;
• (e) Use the Platform for any unlawful purpose or in violation of any applicable law or regulation;
• (f) Attempt to circumvent, disable, or interfere with any security feature of the Platform;
• (g) Use automated tools, bots, or scrapers to access or collect data from the Platform;
• (h) Engage in any conduct that is harmful, offensive, obscene, defamatory, or otherwise objectionable;
• (i) Use the Platform to send spam or other unsolicited messages.

7. Verification and Safety

7.1 WWCC Verification

CramClass takes reasonable steps to verify the WWCC numbers provided by Tutors against the relevant state government register prior to approving their profile. However, CramClass does not guarantee the ongoing validity of any Tutor’s WWCC and is not liable for any harm arising from a Tutor’s WWCC lapsing after the date of verification.

7.2 ATAR Verification

CramClass takes reasonable steps to verify the ATAR results provided by Tutors by reviewing uploaded result documents. CramClass does not guarantee the accuracy of ATAR information and is not liable for losses arising from any misrepresentation by a Tutor.

7.3 Platform Limitations

CramClass is a marketplace platform. We do not conduct police checks, criminal history checks, or reference checks on Tutors beyond the WWCC verification described above. You acknowledge that CramClass cannot guarantee the character, conduct, or suitability of any Tutor beyond the verification steps described in these Terms.

7.4 Child Safety

Any Tutor who becomes aware that their WWCC has expired, been suspended, or been revoked must immediately cease accepting new bookings and notify CramClass at hello@cramclass.com. CramClass reserves the right to immediately suspend any Tutor whose WWCC is found to be invalid.

8. Reviews and Ratings

Reviews and star ratings on the Platform may only be submitted by Students who have completed a confirmed paid session with that Tutor. CramClass reserves the right to remove reviews that contain false, defamatory, offensive, or misleading content. Reviews must reflect genuine experiences only.

9. Intellectual Property

CramClass owns all intellectual property rights in the Platform, including the CramClass name, logo, website design, software, and content (except for user-submitted content).

You retain ownership of any content you submit to the Platform. By submitting content, you grant CramClass a non-exclusive, royalty-free, worldwide licence to use, reproduce, modify, and display that content solely for the purpose of operating and promoting the Platform.

10. Limitation of Liability

10.1 To the maximum extent permitted by the Australian Consumer Law and other applicable law, CramClass’s total liability to you arising out of or in connection with the Platform or these Terms, whether in contract, tort (including negligence), or otherwise, is limited to the total platform fees paid by or received from you in the three (3) months preceding the event giving rise to the claim.

10.2 CramClass is not liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of revenue, profit, data, goodwill, or opportunity, even if advised of the possibility of such damages.

10.3 Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition that cannot be excluded under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)), including the consumer guarantees applicable to the supply of services.

11. Indemnity

You agree to indemnify, defend, and hold harmless CramClass, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal costs) arising out of or in any way connected with: (a) your use of the Platform; (b) your breach of these Terms; (c) your violation of any third party’s rights; or (d) any content you submit to the Platform.

12. Termination and Suspension

12.1

CramClass may, at its absolute discretion, suspend or terminate your account immediately and without notice if you breach these Terms, engage in conduct that is harmful to other users or to CramClass, or for any other reason CramClass considers appropriate.

12.2

You may close your account at any time by contacting hello@cramclass.com. Closing your account does not affect any completed bookings, outstanding payments, or obligations that arose before the closure date.

12.3

Upon termination, CramClass will honour all confirmed bookings that were made prior to the termination date where feasible.

13. Amendments

CramClass may amend these Terms at any time by posting an updated version at cramclass.com/terms. We will notify registered users of material changes by email at least fourteen (14) days before the changes take effect. Your continued use of the Platform after the effective date of any change constitutes acceptance of the updated Terms.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of New South Wales, Australia. Any dispute arising out of or in connection with these Terms that cannot be resolved by negotiation between the parties shall be referred to the courts of New South Wales, and each party irrevocably submits to the non-exclusive jurisdiction of those courts.

15. General

If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed, and the remaining provisions will continue in full force. Our failure to enforce any provision does not waive our right to enforce it in the future. These Terms, together with the Privacy Policy and any role-specific terms you have accepted, constitute the entire agreement between you and CramClass regarding your use of the Platform.

Contact CramClass — Email: legal@cramclass.com
Website: cramclass.com