HeyGuru’s owners may revise these Terms and Conditions at any time by updating this posting and Users are subject to such Terms and Conditions as amended, modified, substituted by HeyGuru from time to time. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms “You” and “User” as used herein refer to all individuals and/or entities accessing and/or using this Site for any reason, regardless of whether you are a registered user
USE OF SITE AND CONTENT
1.1 OUR SERVICES.
HeyGuru operates the Site which offers
Digital marketing services to promote service providers like Tutors, Teaching Centres Tutors;
An online platform that connects any individual seeking to engage service providers (“Customers”) with service providers like Tutors; and
Other services that HeyGuru may introduce from time to time,(collectively, the “Services”).
1.2 SITE CONTENT.
The contents of this Site, such as text, software, images, logos, button, graphics, icons, and other material (the “Material”), are the property of HeyGuru or its content suppliers or customers. The compilation of all content on the Site are the exclusive property of HeyGuru and are protected by copyright. Unauthorised use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark and other proprietary notices contained in the original Material on any copy you make of the Material. You may only view and use any Material on this Site for personal use and solely for the purpose of utilizing our Services. You may not sell or modify the Material or reproduce, display, distribute, or otherwise use the Material in any way for any public or commercial purpose, or in any other manner that is likely to cause confusion among consumers or that otherwise infringes our intellectual property rights. The use of the Material on any other website or in a networked computer environment for any purpose is prohibited.
1.3 GENERAL RULES.
The Site features and Services may be used only for lawful purposes by individual Customers seeking engage Tutors and Tutors seeking to promote their teaching services. Users may not use the Site to transmit, distribute, store or destroy material:in violation of any applicable law or regulation,in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others,that is defamatory, obscene, threatening, abusive or hateful, orfor any illegal or immoral activity or purpose.
1.4 WEBSITE SECURITY RULES
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which the User is not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability.
1.5 SPECIFIC PROHIBITED USES.
You shall not :
use the Site’s database or any information to sell or promote any products or services (other than as a Tutor seeking Customers or Customers seeking Tutor services),send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited messages regarding promotions and/or advertising of products or services to a User of the Site;delete or revise any material posted by any other User;post or submit to the Site any incomplete, false, inaccurate or misleading information (including biographical information);take any action that imposes an unreasonable or disproportionately large load on the Site‘s infrastructure;aggregate, copy or duplicate in any manner any of the Site content or information available from the Site;post on the Site any marketing materials for other businesses or other form of business opportunity;use or insert any of the User’s URL, weblink, email address and website while posting any information on the Site and all Users agree not to use or insert any of the User’s URL, website link, e-mail address and website while posting any information on the Site. attempt to decipher, decompile, disassemble or reverse engineer any of the algorithms or software comprising or in any way making up a part of the Site;frame or link to any of the Site content or information available from the Site;
1.6 CONSEQUENCES OF BREACH.
In the event you violate any of these Terms and Conditions, HeyGuru may, without prejudice any other remedies it may have in law or equity, in its sole discretion do any or all of the following:restrict, suspend or terminate the offending User’s access to the Site and/or account;claim for damages; ortake any other action it deems fit. lodge criminal charges;
Registration And Accounts
2.1 GENERAL TERMS AND CONDITIONS
Customers and Tutors must register before they can list their teaching services and/or engage a Tutor. Registration with HeyGuru as a Tutor or a Customer is free. HeyGuru will not be liable for any loss or damage to any Customer or Tutor or any other third party arising from any Customers’ or Tutors’ failure to comply with these Terms and Conditions. HeyGuru reserves the right in its sole discretion to refuse service, remove or edit content, and/or terminate any user Accounts at any time. Customers or Tutors whose Accounts have been terminated may not register again.
2.2 ELIGIBILITY TO REGISTER AN ACCOUNT
In registering a Customer Account, you confirm that you are at least 18 years old. If you are under 18, your parent or legal guardian must register for the Account.
For a Tutor to register, Tutor must be a Singapore Citizen, a Permanent Resident or hold a student pass, and must be at least 18 years old. HeyGuru may refuse any application for registration.
2.3 GENERAL TERMS AND CONDITIONS
When a Tutor registers with the Site, he/she shall provide to HeyGuru all the information and content required for the Tutor profile page (“Tutor Profile”) and additional information or content which HeyGuru may invite the Tutor to provide (collectively, “Tutor Background Content”). The Tutor Profile page will include personal contact details, identification details, qualifications and credentials. HeyGuru has the absolute discretion to determine the layout, position, design and all other aspects of the Tutor Profile.
By submitting the Tutor Background Content, the Tutor:agrees to comply with these Terms and Conditions, in particular Section 3;hereby grants to HeyGuru during the existence of the Tutor’s Account, the rights in Section 3.4 and warrants to HeyGuru that it has the full right and authority to grant the same; andconsents to Customers and other Users to access, display, view, store and reproduce such Tutor Background Content for their personal use and in accordance with these Terms and Conditions, as well as the consents in Section 4 of these Terms and Conditions. Agrees to be responsible for all required registrations with the Central Provident Fund as a self-employed person. This is because, you, as a Tutor, are providing private teaching services under a contract of service to the customer as an independent contractor. Tutors who are school Teachers are required to obtain the necessary approval from the Ministry of Education before accepting any assignment from our company.
2.4 TUTORS’ PERSONAL INFORMATION
The Tutor shall fill in all personal information accurately and update such information in a timely manner. The Tutor shall not mislead users using HeyGuru’s services. The Tutor shall not post contact details (all forms of contact details including, but not limited to phone numbers, email address, home address, social networking sites, external websites containing contact details) in the Tutor Profile, failing which HeyGuru may terminate such Tutor’s Account.
2.5 TUTORS’ QUALIFICATIONS
The Tutor shall fill in his qualifications, results, relevant experience, subject and level preferences as accurately and completely as possible.
The Tutor shall present such certificates of qualification on the first lesson to the Customer if so requested by the Customer.
2.6 INDEMNITY AND RELEASE
Without prejudice to any other indemnities herein, the Tutor is solely responsible for any legal liability arising out of or relating to the Tutor Profile, and/or any material to which users may gain access through the Tutor Profile and shall indemnify HeyGuru against any and all liability, loss, damages, claims, or causes of action (including legal fees and expenses that may be incurred by HeyGuru) in connection with:
i. The Tutor Profile, whether arising out of or related to arising out of HeyGuru’s reproduction and/or publication (in any form or manner of the Tutor Profile or the performance of the Services,
ii. Any false or misleading content in the Tutor Profile, or
iii. The Tutor’s breach of any of the Terms and Conditions.
Tutors provide the Tutor Background Content at their own risk and release HeyGuru from all and any claims, damages or other liability that may arise in connection with the publication and use of the Tutor Background Content by HeyGuru in accordance with these Terms and Conditions, or in connection with any use or misuse by any other third party, whether or not in violation of these Terms and Conditions or any laws.
Customers may request for Tutors via the Site and shortlist suitable Tutors which fulfill the Customer’s search criteria such as qualifications, location, level, subject and rates. Upon selecting the suitable Tutors, the Customer may then commence tuition after tuition terms have been agreed with the selected Tutors. The submission of a Job Request does not bind the Customer to engage the teaching services of the Tutor and remains subject to confirmation by the Customer.
50% of the first month’s teaching fees shall be deemed as commission to HeyGuru for matching Tutor to Customer and will come from the Tutor in terms of forgoing the receipt of such fees from the Customer. HeyGuru will collect these fees direct from the Customer after two weeks of lessons. As such, no payment will be paid by the Customer to the Tutor for the first two weeks of lessons. Upon receiving a Job Request, the Tutor may accept or reject the Job Request. If the Tutor chooses to accept the Job, the Tutor is bound to turn up for lessons as agreed. Upon acceptance of Job by a Tutor, a Confirmation will be sent to the Customer. Upon confirmation, the Customer is bound to engage the tutoring services of the Tutor. The first lesson will be held at a venue and time agreed between the Tutor and the Customer (the “First Lesson”)
HeyGuru does not guarantee that any assigned Tutor will help improve the student’s academic performance and the Customer (on its own behalf or as an agent on behalf of the student) releases HeyGuru from any liability in this regard. However, HeyGuru provides a feedback channel to help us recommend quality tutors and obtain accurate feedback from the Customers or students.
2.8 PAYMENT; CONFIRMATION OR CANCELLATION OF ENGAGEMENT
There are no free trial lessons. The Customer is required to pay the teaching fees (as agreed as part of the Job Request terms) for the number of hours of lessons given by the Tutor. Payments of HeyGuru’s commissions (50% of the first month’s teaching fees) shall be paid to HeyGuru via the payment channels available on the Site (which may be subject to change by HeyGuru at any time) upon receiving a Confirmation Request. No payment will be paid by the Customer to the Tutor for the first two weeks teaching fees. Customers will make subsequent payments beyond that to the Tutor directly. Failure to turn up for the First Lesson or any other circumstances caused by the Tutor resulting in the cancellation of the appointment may lead to the termination of the Tutor’s Account. This will be evaluated by HeyGuru on a case-by-case basis. Tutor Accounts that are terminated will blacklisted and the Tutor will no longer be able to create new accounts.
2.9 CANCELLATION OR POSTPONEMENT OF LESSONS
The Customer shall inform the Tutor if he or she wishes to postpone or cancel a lesson, no later than 4 hours before the time at which the lesson was agreed to begin, failing which the Customer shall be liable to pay a fee to the Tutor for lost time and transport cost. Such fee payable shall be at least $20 up to a maximum of $50, depending on the waiting time at the location of the lesson, the travelling time and transport costs.
2.10 TEACHING VENUE AND SCHEDULING
The location and timing of lesson shall be agreed between the Tutor and the Customer.
2.11 TERMINATION OF ENGAGEMENT
After the First Lesson, the Engagement continues until such time either the Customer or the Tutor, at any time, chooses to terminate the Engagement for any reason.
2.12 TUTORS’ OBLIGATIONS
The Tutor agrees, if he or she chooses to accept a Job, to respond promptly and in a responsible and professional manner to enquiries and/or scheduling requests from Customers, as well as to honour any appointments accepted by the Tutor in a responsible and professional manner. The Tutor is expected to contact the Customer before the First Lesson to confirm the relevant schedule and venue of the First Lesson upon notice of a Confirmed Lesson. Upon acceptance of a Job by the Tutor and subsequent confirmation of the Engagement by the Customer, failure to turn up for the First Lesson or any other circumstances caused by the Tutor resulting in the cancellation of the appointment will lead to the termination of the Tutor’s Account. This will be evaluated by HeyGuru on a case-by-case basis. If the Client cancels the Engagement after the First Lesson, 50% of the tuition fee will be deemd as HeyGuru’s service fee.
2.13 TERMINATION OF TUTORING
Poor commitment on the part of the Tutor may be reflected through a Tutor’s reviews obtained by HeyGuru from Customers. This will decrease the chances of receiving future Job Requests. Tutors are not allowed to change the agreed teaching rate agreed upon during the acceptance of the Job Request within 3 months of the First Lesson. Any attempt to do so might lead to the termination of the Tutor’s Account. Customer feedback informing HeyGuru of such violations will be evaluated by HeyGuru on a case-by-case basis. necessary?
2.14 PAYMENT OF HEYGURU’S COMMISSIONS
In the event the Tutor or the Customers attempt or do anything to avoid the payment of the Commissions to Hace, we shall have the right to terminate the respective Tutor’s and Customer’s Accounts and refuse future access and/or use of the Site to or by such Customer and Tutor.
HeyGuru will monitor and prevent the communication of all forms of contact details including, but not limited to phone numbers, email address, home address, social networking sites, external websites containing contact details before confirmation of assignment by the Cusomer. Any attempt to provide contact details between Customer and Tutor before confirmation of the assignment will be construed as having the intention to transact off the platform. As such we shall have the right to terminate the respective Tutor’s and Customer’s Accounts and refuse future access and/or use of the Site to or by such Customer and Tutor.
2.15 CONDUCT OF TUTOR
Tutors shall provide their teaching services with all due skill, diligence and professionalism, including without limitation:
i. Observing punctuality at all times;
ii. Not canceling prearranged lessons without due notice to the Customer and good reason;
iii. Devoting his full time and attention during lesson hours to the lesson at hand;
iv. Dressing appropriately for the lesson.
If the Tutor fails to observe the above said standards of conduct
i. The Customer may terminate the Engagement;
ii. HeyGuru may terminate the Tutor’s Account; and/or
iii. The Tutor’s review ratings may be negatively affected.
All complaints lodged against the Tutors will evaluated on a case by case basis and Tutors will be given a chance to dispute the complaints.
USER SUBMISSIONS AND CONTENT
3.1: As a User, you are solely responsible for your account information, content, messages or other information (“User Content”) that you submit or transmit to other Users.
3.2: HeyGuru acts as a conduit for the matching of Tutors with Customers and has no obligation to screen or monitor Material provided by Users (including Tutor profiles) or communications. However, HeyGuru may from time to time review and delete any User Content that, in the sole judgment of HeyGuru, violates these Terms and Conditions, violates applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety users of the Site.
3.3: Users agree to indemnify HeyGuru and its affiliates to the fullest extent allowed by law against any and all claims, damages and liability (including legal costs and expenses on an indemnity basis) arising in relation to the User’s User Content submission in the Site.
3.4: By submitting User Content to any public area of the Site, including profiles, message boards, forums and contests and individual chats with customers and or service providers, you grant HeyGuru and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such User Content and to grant and authorise sublicenses thereof. You also warrant that the holder of any rights, including moral rights in such User Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any User of the Site to access, display, view, store and reproduce such User Content for personal use, and release Hace from all claims or any liability in connection with the use or misuse of User Content by any other User or third party.
EXPRESS CONSENT AND ACKNOWLEDGEMENT
4.1: When submitting Tutor information, Tutor consents to HeyGuru using, disclosing, transferring and retaining such information for the purposes of
- The Site generally, including marketing and promotion of the Site or the Tutor’s Services, to determine whether Tutor might be interested in the opportunities made available through the Site, verification of qualifications and handling of any queries or disputes with Customers, and
- b. Complying with the law, regulation or any court order or direction. Without limiting the generality of the above, HeyGuru may disclose or transfer such information to the following class of persons:
- c. Prospective Customers who have registered with the Site;
- d. A related corporation (as defined in section 6 of the Companies Act);
- Third party service providers engaged by HeyGuru to provide functions and services to HeyGuru and who need access to your information to carry out the work for the Company;
- f. Any other party permitted by law; and
- g. Anyone the Tutor authorises.
4.2: In relation to the aforementioned, Users agree that HeyGuru may use his/her personal information to contact such User relating to, in the case of a Customer, a Tutor, or in the case of Tutor, a Customer, prospective or current, or provide administrative notices or communications applicable to such User’s use of the Site.
4.3: You acknowledge, consent and agree that when submitting your profile or other information for our database, your profile is automatically searchable and personal information present within your profile (such as photographs and your email address) can be collected and used by, all Users of our Site, regardless of whether they are registered Users. We do not verify the identity and purpose of such Users and are responsible for the use made of profile information by such Users who viewed your profile whilst it resides on our database. This may result in unsolicited messages from third parties for which HeyGuru is not responsible. Even after you have removed your profile from our database, Users who may have retained a copy of your profile in their own files or databases. HeyGuru is not responsible for the retention, use or privacy of resumes or profiles in these instances.
4.4: Users acknowledge and agree that they will keep confidential all information disclosed to him or her by HeyGuru and will not disseminate such information to any third party or retain or otherwise use such information for any other purposes.
LIABILITY AND DISCLAIMER OF WARRANTY
5.1: HeyGuru does not represent or warrant that the Site will meet the objectives or needs of the Tutor or Customer. HeyGuru does not represent or guarantee the truthfulness, accuracy, or reliability of information or communications provided by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk. Conversely, you acknowledge and agree that you are solely responsible for the content provided by you.
5.2: As User authentication on the internet is difficult, HeyGuru cannot and does not confirm that each User is who they claim to be. HeyGuru does not and cannot be involved in user-to-user dealings. In the event that you have a dispute with or claim against one or more Users, you shall release HeyGuru, its affiliates and their respective officers, directors, employees and representatives from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes and claims.
5.3: In addition, that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false identities. You assume all risks associated with dealing with other Users with whom you come in contact through the Site. We expect that you will use caution and common sense when using the Site.
5.4: The Site acts as a venue for Tutors to list their profiles and for Customers to request for prospective Tutors and we do not screen or censor the listings offered. As a result, we have no control over and make no representation regarding the quality, safety or legality of the Tutors or Customers registered on the database, the truth or accuracy of such the listings of information provided by such Users, the ability of Tutors to offer claimed services or ability of Customer to fulfil the terms of their engagement. Save for our commissions, we are not involved in the actual transaction between Tutors and Customers. HeyGuru is not to be considered to be an agent of any Tutor or any Customer.
5.5: HeyGuru does not warrant that the Site will operate error-free or that the Site and its server are free of computer viruses or other harmful mechanisms. If your use of the Site or the material results in the need for servicing or replacing equipment or data, we are not responsible for those costs. The Material on the Site may contain inaccuracies or typographical errors. HeyGuru makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or the Material. Changes are periodically made to the Site and may be made at any time.
5.6: Without limiting any of the other disclaimers of warranty set forth herein, to the extent permitted by law, we hereby exclude all warranties and conditions, whether express or howsoever implied, including the warranty of fitness for particular purpose and non-infringement. We will not be liable to any User in respect of any loss or damage which may be suffered or incurred as a result of their use of the Site.
5.7: HeyGuru will not be liable for any delays in performance and/or non-performance caused by any event outside its reasonable control, including but not limited to, any act of God, disease or epidemic, action by any government entity, strike, network difficulties, or electronic malfunction. In no event will HeyGuru be liable for any failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, or any other non-performance related to the Site or the Services.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
In no event shall HeyGuru, its affiliates and their respective officers, directors, employees and representatives, be liable for any damages whatsoever (including, without limitation, incidental, consequential or special damages or lost profits) resulting from the use or inability to use the Site and the Material, whether based on contract, tort, or any other legal basis, and whether or not HeyGuru is advised or had knowledge of the possibility of such damages.
You agree to fully indemnify HeyGuru, its affiliates and their respective officers, directors, employees, representatives and agents, from and against any claims, actions or demands, including without limitation, legal costs and expenses on an indemnity basis, arising from or in connection with, directly or indirectly, any of the User Content or your use of the Site or your breach of the these Terms and Conditions. HeyGuru shall provide notice to you promptly of any such claim, suit, or proceeding.
LIMITATION OF LIABILITY
Without prejudice to or limiting the other provisions herein, in any event, HeyGuru’s maximum liability arising out of or in connection with the Site or your use of the Site, regardless of the cause of action, will not exceed SGD 25.
TERM AND TERMINATION
LINKS TO OTHER SITES
The Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by HeyGuru of the contents on such third-party web sites. HeyGuru is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions and all questions concerning its construction, performance, validity and interpretation shall be governed by the laws of Singapore.
Parties submit to the exclusive jurisdiction of the Singapore courts.