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.
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 enroll.
- 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
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- 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.
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- 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 by automated means or under fraudulent or false pretenses.
- 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 transmit viruses, 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 unauthorized 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.
