for Customers
These Terms and Conditions govern the facilitation services that Bookaninstructor.com will make available to you, and are in addition to the website terms of use that apply from time to time, to your use of the Website (as defined below).
You should read these Terms and Conditions carefully before using our Website, as by using our Website and using the Facilitation Services, you are confirming that you accept these Terms and Conditions and that you will comply with them. If you do not accept these Terms and Conditions, you should leave our Website and cease using the Facilitation Services immediately.
About us
Bookaninstructor.com is owned by Raw Dance Company Pty Ltd (“we”, “us”, “BKIN” “RAW”) and makes the Facilitation Services available to you via the Website. We are a company registered in Queensland, Australia, ACN 122 069 596, registered address 46 Evesham Street, Moorooka QLD 4105.
You can contact us:
- By email at info@bookaninstructor.com
- By post at 46 Evesham Street, Moorooka QLD 4105
1. Definitions and Interpretation
1.1. In these Terms and Conditions, the following words and expressions have the following meanings:
“Bookaninstructor”
a request from a Customer as referred to in clause 2.2 below;
“the Customer” / “you”
businesses and consumers who use the Website to search for a Instructor who can provide the Instructor services they require;
“Customer Contract”
the contract between the Instructor and the Customer for the provision of the Services;
the “Facilitation Services”
the provision by Bookainstructor, of a Instructor’s contact details, as set out in clause 2.4;
the “Instructor”
means the person offering their Instructor services to Customers;
the “Services”
the Instructor services provided by a Instructor to a Customer;
the “Website”
means www.Bookainstructor.com
2. The Facilitation Services
2.1. Bookainstructor.com operates the Website which has been established to facilitate introductions between potential customers and Instructors for the provision of a wide range of services. Our separate website terms of use apply to your use of the Website.
2.2. Customers will be able to search the Website to find potential Instructors, and the Website algorithms will help identify Instructors who may be able to meet the Customer’s requirements. We call Customer requests “Jobs”, and each Job will result in us putting you in touch with Instructors who may be able fulfil the criteria you have provided.
2.3. To use the Facilitation Services, you will be required to accept these Terms and Conditions following the instructions on the Website, and a contract will be formed between you and us for the provision of the Facilitation Services at that point. You will need to enter into a separate contract with any Instructors you wish to instruct to provide you with Services. See below for more information.
2.4. When you have submitted your Bookainstructor, you will be provided with details of all of the Instructors who may be able to fulfil the criteria that you provided. Instructors will contact you directly and you can opt to contact the Instructors yourself. Where we cannot identify any Instructors who may be able to fulfil the criteria you submitted, you will be notified that this is the case, and given the opportunity to expand your requirements.
2.5. You will be entitled to review the information you receive from the Instructors, and may or may not decide to engage an Instructor to provide the Services you require. We cannot in any way endorse or confirm that the Instructors identified as a result of the Facilitation Service we offer are able to fulfil your requirements, and it will be your sole responsibility to engage with the Instructor to establish whether they can meet your requirements prior to you entering into a Customer Contract. If you do engage an Instructor to provide the Services, you will become a customer of the Instructor and will enter into a Customer Contract with them. For the avoidance of doubt, the Services are provided to you by the Instructor, and not by Bookainstructor.com.
2.6. Bookainstructor.com shall provide a link from the Website to the Instructor’s own website (where applicable), and shall include a facility for Customers to review an Instructor’s performance which shall be available on the Website for other prospective customers to see.
2.7. Reviews should be honest, based on your own experience, and should not contain racist or sexist content, content which is otherwise offensive, content which condescends certain people or groups, copyrighted material, unlawful content, any personal information or any information which you know to be inaccurate or false. We reserve the right to remove reviews which do not comply with these guidelines, and may ban you from leaving further reviews in the future. Please see our Website Terms and Conditions for further detail.
2.8. Bookainstructor.com has no influence or control whatsoever on the information contained on the Instructor’s website and accepts no liability for its content. The content of such third-party websites is the responsibility of the respective Instructor. You will need to contract directly with the Instructor for any Services you require from them.
2.9. The Facilitation Services shall be provided to you for a 5% fee (GST inclusive where applicable) which will be taken out of the instructors fees.
Important:
Bookainstructor.com acts only as a facilitator of the introductions referred to above, and the provision of any Services by a Instructor to a Customer will be subject to an entirely separate legal contract. If there are any issues with performance of those Services by the Instructor, you will have legal rights of redress against the Instructor directly, and not against Bookainstructor.com.
3. Ending our contract
You can always end your contract with us, and you can do this by ceasing to use the Facilitation Services. If you have opened a customer account on the Website, you will need to contact us by email, phone or post using the details listed above.
4. Data Protection
Please see our Privacy Policy for more information on how your personal information will be used.
5. Liability
5.1. As provided for in Clause 2 above, you acknowledge that the contract for the provision of the Services is between you and the Instructor and as such, it is the Instructor who is responsible for the provision of the Services to you. Bookainstructor.com shall have no liability to you whatsoever in respect of the provision of the Services and / or your dealings with any of the Instructors who are listed on the Website.
5.2. Nothing in these Terms and Conditions limits or excludes our liability to you for:
5.2.1 death or personal injury resulting from negligence;
5.2.2 fraud or fraudulent misrepresentation; or
5.2.3 any other matter for which we are not permitted by law to exclude or limit our liability.5.3. We accept no liability for the information contained on any third-party websites linked to on our Website and we won’t be liable for any loss or damage that may arise from your use of them.
If you are an individual consumer
5.5. Please note that we only provide Facilitation Services to consumers for domestic and private use. You agree not to use the Facilitation Service for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If you are a business customer
5.6. We exclude all conditions, warranties, representations or other terms which may apply to this website or any content on it, whether express or implied.
5.7. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Facilitation Services. In particular, we will not be liable for:
5.7.1 loss of profits, sales, business, or revenue;
5.7.2 business interruption;
5.7.3 loss of anticipated savings;
5.7.4 loss of business opportunity, goodwill or reputation; or
5.7.5 any indirect or consequential loss or damage.
6. General provisions
6.1. We make changes to these Terms and Conditions from time to time. You should therefore check these Terms of Conditions whenever you return to our Website to see whether any changes have been made, as these will be binding on you.
6.2. We may transfer our contract to someone else. We may transfer our rights and obligations under these Terms and Conditions to another organisation.
6.3. You need our consent to transfer your rights to someone else.
6.4. Nobody else has any rights under our contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
6.5. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
6.6. Even if we delay in enforcing these Terms and Conditions, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
If you are an individual consumer
6.7. Which laws apply to our contract and where you may bring legal proceedings. These Terms and Conditions are governed by Australia law and you can bring legal proceedings in the Australian courts.
If you are a business customer
6.8. If you are a business user these Terms of Use (and any non-contractual obligations arising out of or in connection with them) are governed by the law of Australia and the courts of Australia have exclusive jurisdiction to determine any dispute arising out of or in connection with them (including without limitation in relation to any non-contractual obligations).