Please Read The Following Terms of Use ("Terms") Carefully Before Using This Site. By
Using or Accessing This Site, You Acknowledge That You Have Read These Terms of Use,
and That You Accept and will be Bound by Them. If You Do NOT Accept These Terms of
Use, Please Do NOT Register for an account on this site.
We are HeyGuru, which is a wholly-owned entity of Sigma White Pty Ltd (ACN: 629 803
854). Our aim with these Terms of Service is to make sure that you fully comprehend
your responsibilities and entitlements when using the Hey Guru Software (the
"Software") and its associated Services (as defined below).
Definitions
- Charges refer to the payments required for the License, Services, and any
additional fees listed in the Registration Form.
- User Data encompasses all information you provide to Hey Guru or maintain
through using the Software, Services, or Website.
- Documentation pertains to any manuals or supplementary materials relating to
the Software supplied by HeyGuru.
- Intellectual Property Rights comprise of patents, trademarks, service marks,
copyrights, moral rights, design rights, confidential information, and any
other intellectual or industrial property rights.
- Services denote the tutoring services described on the Website.
- Software refers to the HeyGuru software, including subsequent updates, but
excluding any third-party software.
- Website denotes the website where HeyGuru offers the Software.
- Tutoring Session denotes a live online lesson between you/customer and a
tutor, for a specific duration, for the subject chosen by you.
Terms and Access
- Whenever "you," "your," or "Customer" is mentioned in these Terms, it
refers
to anyone who accesses, views, or uses the Software and/or Services.
- By accessing, navigating, or otherwise engaging with HeyGuru or using
the
Software, you agree to abide by the Terms and the Privacy Policy, which
can
be found on the Website.
- HeyGuru reserves the right to modify these Terms at its discretion, and
by
continuing to use the Software and/or Services, you are deemed to have
accepted any updated Terms as of the date they are published on the
Website.
- You are granted a non-transferable, non-exclusive license by HeyGuru to
use,
navigate, and access the Software, Services, and Website, subject to
your
compliance with the Terms.
- HeyGuru retains the right to investigate and take legal action for any
illegal and/or unauthorized use of the Software, Services, or Website,
or
for any breaches of the Terms.
- Your right to access and use the Software begins on the date that
- HeyGuru provides you with access, and it will continue until termination
in
accordance with the Terms.
- To use the Software and Services, you may need to provide HeyGuru with
personally identifying information, and you acknowledge that all
information
collected will be handled in accordance with the Privacy Policy.
- HeyGuru will give you an initial login name and password to enable
access to
the Software.
Your obligations
- No materials (including, but not limited to, practice tests) on this
site may be reproduced, stored, transmitted, resold, altered or further
distributed without our prior written permission. Requests for
permission should be sent in writing to the address below. You may
produce a single machine-readable copy of the free download-able Site
Materials that HeyGuru makes generally available to the on-line public
and grants permission to reproduce for personal and non-commercial use
only. In the event, you believe that any content posted on the HeyGuru
website infringes your copyright or other intellectual-property rights,
you may notify HeyGuru at the below address. Upon receipt of a Notice,
HeyGuru will take such action as, we, in our sole discretion, deem
appropriate, including removal of the challenged use from the Website.
- You agree to -
- use the Software at your own risk;
- take responsibility for your internet connection, device
configuration,
and Software implementation;
- ensure that the Software meets your needs; and
- provide Hey Guru with the necessary information and access to
perform
Services.
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Services, Registrations and Paid Subscriptions
- All Subscription Services require you to register as a member/subscriber
before you are able to access such Services. Upon completing the
registration process, HeyGuru will grant you with an account that
provides you the personal, non-transferable and non-exclusive right to
access and use the Services and the HeyGuru Website subject to the terms
and conditions of these Terms of Service & Privacy Policy.
- You are responsible for maintaining the confidentiality of your email
address and password that you designate during registration. You agree
to notify HeyGuru immediately of any unauthorized use of your email
address, user name or password or any other security breach, and you
agree to exit from your account at the end of each session, especially
if you are using public computers and networks. Additionally, you should
be careful while putting in your email address and password in public
settings, so that others are not able to view this information. HeyGuru
will not be liable for any damage or loss due to your failure to comply
with this provision.
- Hey Guru will make reasonable efforts to ensure that the Software is
available 24 hours a day.
- By agreeing to these terms, you acknowledge that Hey Guru may conduct
maintenance on the Software, Services or Website at any time, and that
this maintenance may interrupt your access to the Software, Services or
Website.
- With Hey Guru's Tutoring services:
- you will be matched with a Hey Guru tutor/educator who meets your
specific requirements and preferences to best of our knowledge and
capability.
- you will also receive access to live online lessons with your tutor
for
a set duration, aimed at providing academic assistance.
Charges and Payments
- For Tutoring Service:
- Prior to commencing the tutoring service, Hey Guru will bill your
payment for the package you have agreed to enrol.
- Hey Guru reserves the right to suspend or terminate access to the
Software and Services until payment is made.
- If you were referred to the Hey Guru service by a third-party, such as a
tutoring company, you accept that you are aware that this party may be
earning a financial incentive (referral commission) for suggesting that
you use of the Hey Guru product.
- HeyGuru reserves the ultimate right to determine if a customer is
eligible in a refund for any lesson, including the first lesson.
- In case of mid-term/package cancellation of Hey Guru Tutoring Service,
Hey Guru will reimburse the payment for the remaining sessions,
deducting
any administrative fee (at Hey Guru's discretion)
- For any paid courses/practice tests/services:
- Payment needs to successfully processed before paid course / practice
test is added to users account.
- Users need to use appropriate discount coupon, as applicable, to avail
any reduction on the listed price.
Tutoring session cancellation policy
- If you cannot attend a session, you must provide Hey Guru with notice at
least 24 hours prior to the scheduled lesson. If notice is given less than
12 hours before the scheduled lesson, a 50% cancellation fee will be
charged.
- In cases where a lack of due notice is unavoidable, the Hey Guru must be
notified as soon as possible. Whilst the Hey Guru still possesses the right
to charge the cancellation fee, in most cases they will be happy to
reschedule.
- In the case that your assigned tutor, for whatever reason, can no longer
tutor you, Hey Guru will endeavour to provide you with another tutor of
similar qualifications, experience and price, and look to begin immediately.
Refund Policy
- For paid Courses / Practice Tests:
At HeyGuru, we value our customer. HeyGuru will refund 100% of the
subscribed amount to the user if the user is not satisfied with the course.
You can drop an email at contactus@heyguru.com.au with your subscribed email
id and reason for refund. HeyGuru will happily revert the amount at which
the course was purchased. Refund processing usually takes up to 14 days
after it is reported to us. HeyGuru will also inactivate the user (parent)
account and related student accounts post successful refund. We will be
happy to hear back your feedback on reason to cancel the purchase.
- For Tutoring Service:
If you are not satisfied with HeyGuru Tutoring service, we will refund the
amount for rest of the term. (e.g. you have purchased tutoring package for
10 classes and you decide to discontinue after 5 classes, we will refund
amount for rest of 5 classes)
Referral Policy
HeyGuru welcome any referrals to friends and family. As a token of thanks,
HeyGuru will reward referrer for every successful referral.
Following is the criteria to qualify for a referral reward:
- Your unique referral code
was used while making a purchase by the person you have shared the referral
code.
- Person, you have referred stayed with the purchased HeyGuru course
for 30 days and hasn't made a request for refund and deactivation of their
account. In a case where your reference account claims for a refund (as per
our refund policy) or their account is deactivated, we do not count it as a
successful reference and no referral reward will be issued.
- HeyGuru will
send you an email with your reward once you qualify for a successful
referral. It may take additional 7 days.
- Referral promotion is for a limited period only and can be withdrawn
anytime by HeyGuru without any prior notice.
Temporary Service Suspension
HeyGuru reserves the right, at its sole discretion, to suspend access to the site
at
any time for upgrading, redesigning, repairing or otherwise maintaining the
Website.
HeyGuru will make commercially reasonable efforts to minimize the time required
to
perform such activity and inform its online user community through the notices
displayed on the home page of the Website.
Termination of User Access
HeyGuru may restrict, terminate or suspend your account and/or access to the
Website
and/or its subscription services or discontinue any aspect of the Website or the
Subscription's services at any time, if we determine, at our sole discretion,
that
- You have violated our terms and conditions or applicable law, or for any
other
reason without notice or liability.
- You have breached the limited (non-exclusive, non-assignable,
non-transferable)
license provision by sharing your username and password with others.
- You have not accessed your account for more than 30 days.
- You are a repeat infringer of intellectual property rights
NOTE : Please contact HeyGuru at contactus@heyguru.com.au to get your account
released. If we have determined that your account had been accessed at different
computers at the same time then we will suspend your account and will need your
explanation. Release of your account will be at the sole discretionary decision
of HeyGuru.
HeyGuru reserves the right to add or change/modify the terms of this Agreement.
HeyGuru reserves the right to modify, suspend/cancel, or discontinue any service
at
any time without notice, make modifications and alterations in any or all the
content and services contained on the Website without prior notice. We will
inform
our online user community through the notices displayed on the home page of the
Website, and you will be deemed to have accepted any change if you continue to
access the Website after that time.
Hey Guru does not guarantee that use of the Services or Software will lead to an
improvement in academic performance or results.
Prohibited User Activities
You acknowledge and agree that you are solely responsible for any and all acts
and omissions that occur under your account/username and you agree not to engage
in
any unacceptable uses of the Website.
You MAY NOT USE:
- the Website in a manner that will infringe the copyright,
trademark or other intellectual property rights of others.
- the Website in a manner that will transmit, distribute, store or
destroy Website material.
- the Website in a manner that will violate the privacy, publicity or other
personal rights of others.
- the Website in a manner that will interfere, disrupt or attempt to gain
unauthorized access to other accounts.
- the Website in a manner that will disclose/permit a third party to use your
password or fail to notify HeyGuru if a password is compromised.
- the Website in a manner that will create user accounts byautomated means or
under fraudulent or false pretences.
- the Website in a manner that will transmit unsolicited electronic
communications such as spam to Members or promote any products or services.
- the Website in a manner that will collect and publish any information about
any of our Members.
- the Website in a manner that will disseminate, store or transmitviruses,
worms or other malicious code or program.
- the Website in a manner that will invade the privacy of any person,including
but not limited to submitting personally identifying or otherwise private
information about a person without their consent.
You warrant and agree that you will not use the Website in any manner that could
damage, disable, alter, or impair the Website or its content thereof or
interfere with any other party's use and enjoyment of the Website.
Indemnification
You hereby agree to indemnify and hold HeyGuru and its directors, officers,
employees, representative, content or service providers and partners against any
loss, any and all claims and liabilities (including attorney's fees and legal
fees),
damages, cost and expenses, which any of its directors, officers, employees;
representative and partners incur in connection with any claim arising out of or
resulting from:
- Your breach or violation of these terms and conditions
- Your violation of any law, regulation or right of any other person or any
unauthorised use of your account or password
- Your unauthorised access and use of material from HeyGuru Website
- Your placement or transmission of any message, content, information,
software or
other materials through the Website
- You agree to cooperate with any reasonable requests to assist HeyGuru
defence of
such claims. We reserve the right to assume the exclusive defence and
control of
any
matter otherwise subject to indemnification by you.
Limitation of Liability
In no event, including but not limited to negligence shall HeyGuru and its
directors,
officers, employees, representative, content or service providers and partners
be
liable for any direct, indirect, special, incidental, consequential, exemplary
or
punitive damages of any kind or character arising from, or directly or
indirectly
related to, infections or contaminations of your system, or any delays,
inaccuracy,
errors or omissions arising in the use of, or the inability of use, the Website
or
the contents, materials and functions related thereto, your provision of
information
via the Website, lost business or loss sale, even if HeyGuru and its directors,
officers, employees, representative, content or service providers and partners
has
been advised of the possibility of such damages.
Some jurisdiction does not allow the limitation or exclusion of liability for
incidental or consequential damages so some of the above limitations or
exclusion may not apply to certain users. If you are dissatisfied with any
portion of the HeyGuru Website or the services, then your sole and exclusive
remedy are to terminate your registration and discontinue using the HeyGuru
Website and the services.
In no event shall the total aggregate liability of HeyGuru and its directors,
officers, employees, representative, content or service providers and partners
for damages, losses and causes of action and costs and expenses (including
attorney's fees and legal fees) whether in contract, tort (including but not
limited to negligence), or otherwise, arising from the terms and conditions and
privacy policy or related to your use of, or the inability to use any content
posted, transmitted, exchanged or received or on behalf of any user or other
person on or through this Website, or any of the HeyGuru materials or functions
at this Website, exceed the lesser of
- The aggregate actual amount, if any, paid by you in communication with your
access, use and/or purchase made on this Website or
- The amount of one hundred Australian dollars (AUD $100)
Product & Services Orders
Any Product or Services ordered or provided via this Website are provided by
HeyGuru "AS IS", except to the extent, if at all, otherwise set forth in a
license or sale agreement separately entered in writing between you and HeyGuru
or its supplier. By purchasing online subscription, you acknowledge and agree
that your performance at any test excludes HeyGuru from any or all liability of
such performance at the test.
You acknowledge and agree to pay in the full prices for any purchases you make
either by credit/debit card concurrent with your online order or by other
payment means acceptable to HeyGuru. If payment is not received by us from your
credit or debit card issuer or its agents, you agree to pay all amounts due upon
demand by us. HeyGuru reserves the right to change such fees at any time and in
its sole discretion, if any such change shall become effective at the expiry of
the term of your subscription. Certain products and services that you purchase
and/or download on or through the Website may be subject to additional terms and
conditions presented to you at the time of such purchase or download. Paid
subscription membership expiry date is informed at the time of purchase and you
agree that this expiry date cannot be disputed.
Non-exclusive access license
Purchasing relevant HeyGuru products/services service allow you a non-exclusive
and non-transferable right to access the paid Products/Services during the
applicable subscription period. Upon expiration of the applicable subscription
period, your right to use the online these products/services will automatically
terminate. Your right to use the online tests will also terminate, without
refund of any part of the purchase price, at the sole discretion of HeyGuru, if
your purchased account is actively accessed from two or more unique computers at
the same time, or we found you are breaching the non-exclusive rights.
Parents Get Involved
Parents and legal guardian's guidance and involvement are essential to help
ensure that minor children have a safe and rewarding on-line experience.
We recommend parents and guardians to get involved in:
- Educating your child about the importance of keeping identifying personal
information private and never giving out individual information such as
his/her last name, age, home address, school name, or telephone number
without your approval
- Setting rules for your child's use of the Internet
- Spending time with your child when he/she is online and
- Monitoring the amount of time your child spends online.
User Submitted Materials
HeyGuru policy is not to accept or consider any unsolicited ideas or any
confidential, secret or proprietary information or materials of any kind from
you through the Website, by email or in any other way. If you submit any such
materials, we reserve the right to consider all materials submitted as
non-confidential or secret and free from any claims of proprietary or personal
rights. Upon submitting such material you agree to all rights shall be deemed to
be, and shall remain the property of HeyGuru. You acknowledge and agree to make
HeyGuru free and clear of any claims by you or others and grants HeyGuru
unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully
transferable, assignable and sub-licensable rights. You irrevocably grant
HeyGuru the rights to use, reproduce, modify, adapt, publish, translate, create
derivative works from submitted materials for any purpose, including advertising
and promotion, export, without compensation or any other obligations to anyone,
including you. We will not be responsible for maintaining any Submitted Material
that you provided to us by any means, and we may delete or destroy any such
Submitted Material at any time. HeyGuru does not necessarily endorse, support,
encourage, or agree with User Submitted Materials and HeyGuru have no
responsibility or any liability in connection with any User Submitted Materials.
Links
HeyGuru website may contain links to other websites of interest or resources
having privacy policies that may differ from those of us. HeyGuru is not
responsible for the privacy or security practices or the content of such
websites. We recommend that you carefully read and understand the privacy policy
at any website prior to providing personal information on that website.
HeyGuru takes all reasonable steps to ensure that all external links use by us
are safe. HeyGuru shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with
use of any such content, goods or services available on or through any such site
or resources. You acknowledge and agree that we have no responsibility for the
information, security, content, products, services, advertising, code or other
materials presented on or any form of transmission received through the Linked
sites.
Trademarks
The logos or trade names displayed on the Website or the contents available
through Website are registered and unregistered Trademarks of others, and ours
may not be used unless you receive a written permission by trademark owner. All
Trademarks not owned by us that appear on the Website are the property of their
respective owners. Your misuse or misrepresentation of the Trademarks displayed
on the Website is strictly prohibited.
Disclaimers
- HeyGuru makes every effort to keep all its information resources accurate,
adequate, complete, and up to date, but makes no warranties or
representations
regarding the information herein. HeyGuru makes no warranties, express or
implied,
including without limitation, any implied warranties of merchantability or
fitness for
a particular purpose, in relation to the services. All users, therefore,
agree
that all access and use of HeyGuru Website and externally linked pages are
at the
user's own risk.
- Neither HeyGuru nor any other party involved in the creation or delivery of
HeyGuru Website shall be liable for any direct, indirect, incidental,
consequential,
special, punitive, or similar damages arising out of one or more of the
following:
- Access, use, or security method employed, or the conduct of any member
or any user of the HeyGuru Website
- Timeliness, or inability to use HeyGuru Website or untimely or missed
delivery of any information or material, or any interruptions or
performance of the Website or any harm resulting from downloading or
accessing any information or material on the internet through HeyGuru
free or paid service or the HeyGuru Website
- Errors, or any defects or omissions in the contents or legality,
reliability, operability of the information or materials displayed on
the HeyGuru Website
- The Contents could include Technical Inaccuracies or Typographical Errors.
Changes are periodically made to the Website and subscription materials.
- HeyGuru further specifically disclaims any warranty that the subscription
service will be uninterrupted, fit for the purpose, meet users'
requirements, error-free or Website free of viruses, servers that make this
Website and its content available will work with any particular hardware or
software and that defects will be corrected.
- HeyGuru assumes no responsibility and shall not be liable for, any damage
to, or viruses that may infect, your computer equipment or other property
because your access to, use of, or browsing in the Website or your
downloading of any free or paid downloadable materials, data, text, images,
video or audio from the Website.
- HeyGuru makes no representation or warranty that information on the HeyGuru
Website is appropriate or available for use outside Australia. If you choose
to access the HeyGuru website from outside of Australia, you do so on your
own initiative and at your own risk and are responsible for compliance with
applicable laws.
- The user specifically disclaims, and hereby waives any and all claims they
may have been arising out of use of HeyGuru Website and its subscription
material contents.
- We reserve the right to modify and/or discontinue this Website at any time
without notice. No advice, results or information, whether oral or written
obtained by you from the Website or our customer service department or sales
representative through any source the statements, promises or actions taken
by such sources shall not limit or otherwise modify the Terms of this
Disclaimer and/or this User Agreement. If you are dissatisfied with any
portion of the HeyGuru Website or the services, then your sole and exclusive
remedy are to terminate your registration and discontinue using the HeyGuru
Website and the services.
Applicable Law and Jurisdiction
We control the Website from our Office in Sydney, Australia. As such, the Terms
and Conditions of this Website are subject to the law of Sydney and Australia
regardless of the location of the Website user, and any claims of any kind
related thereto
must be filed in the court of Sydney, Australia.