Guru

This Agreement is a standing arrangement for the supply of the servicesby the GURU and enables the GURU to provide services from time to time which will be governed by these terms.

The GURU is an independent Contractor who wishes to provide services to clients of Gurucool who post lesson requests through the Gurucool online platform.

The GURU understands and acknowledges that:

(a) He/she is acting as an independent contractor and has had the opportunity to obtain professional advice in relation to his rights and obligations as a contractor generally and in relation to the specific rights and obligations of this contract.

(b) He/she is not entitled to receive from Gurucool any wages, loadings, superannuation contributions, paid annual holidays, paid public holidays, long service leave, sick leave, Pay As You Go payment summaries, workers compensation cover, or other statutory or common law benefits; and

(c) Gurucool will not withhold any income tax from any fees paid to the GURU pursuant to this Agreement.

 

Representations

Your participation in using the Service and/or Software is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity.

 

By using the Software or the Services, you agree that:

You will only use the Service or Software for lawful purposes; you will not use the Services for any fraudulent purposes.

You will not use the Service or Software to cause nuisance, annoyance or inconvenience.

You will keep secure and confidential your account password or any identification we provide you which allows access to the Service.

You will provide us with whatever proof of identity we may reasonably request.

 

Intellectual Property Ownership

The Gurucool name, the Gurucool logo, and the product names associated with the Software and Service are trademarks of the Gurucool or third parties, and no right or license is granted to use them.

 

GURU’S Obligations

The GURU must perform the Services with reasonable skill, care and diligence.

The GURU is required to comply with the rules, regulations, procedures and policies of Gurucool, as amended from time to time.

 

GURU’S Fees

Gurucool will pay to the GURU the agreed fees for the supply of Services as recorded in the Gurucool Platform.

Gurucool will pay the GURU the Fees by way of PayPal (less any applicable PayPal fees) or by direct deposit to the GURUs nominated bank account.

 

Confidentiality and Privacy

The GURU shall not at any time during or subsequent to this Agreement, divulge or disclose any Confidential Information with respect to Gurucool, Customers, business operations, Company Platform, or finances of Gurucool which have come into its possession as a result of this Agreement to any third party.

 

Indemnity

The GURU enters into this Agreement and performs the Services at its own risk and Gurucool will not be liable to the GURU for any loss, damage, injury or death sustained by the GURU, any Customer or any other person or to any property howsoever caused.

The GURU indemnifies Gurucool against any claim, liability, loss or damage Gurucool suffers because of the GURU’s failure to act or negligence with respect to death or injury of a Customer, person, damage to or destruction of property, or infringement of Intellectual Property in connection with the Services.

The GURU indemnifies Gurucool against any claim, liability, loss or damage Gurucool suffers because of the GURUs failure to comply with any laws or regulations.

The GURU must take and maintain during the term of this Agreement any insurances against its own personal liabilities as would be reasonably expected of a GURU undertaking the Services.

 

Dispute Resolution

Where, in the event of a dispute arising out of or relating to this contract, the parties wish to seek an amicable settlement of that dispute by mediation. The mediation shall take place in Sydney, Australia and be administered by the Australian Disputes Centre (ADC).

 

Termination and General

This Agreement can be terminated by either party without cause or reason, by providing 1 days’ notice in writing, to the other party.

This Agreement is governed by the laws in force in New South Wales.

Learner

The terms and conditions stated herein (collectively, the "Agreement") constitute a legal agreement between you and Gurucool. In order to use the Service and the associated Software you must agree to the terms and conditions that are set out below. By using or receiving any services supplied to you by the Gurucool (collectively, the "Service"), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time at Terms & Conditions or through the Service.

The Gurucool does not provideservices. It is up to the third-party GURUS to offer Services which may be scheduled through use of the software or service. The Gurucool offers information and a method to obtain such third party services, but does not and does not intend to provide services or act in any way as a service provider, and has no responsibility or liability for any services other than stated herein services provided to you by such third parties.

 

Representations

Your participation in using the Service and/or Software is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity.

 

By using the Software or the Services, you agree that:

You will only use the Service or Software for lawful purposes; you will not use the Services for any fraudulent purposes.

You will not use the Service or Software to cause nuisance, annoyance or inconvenience.

You will keep secure and confidential your account password or any identification we provide you which allows access to the Service.

You will provide us with whatever proof of identity we may reasonably request.

 

Payment Terms

Any fees which the Gurucool may charge you for Service on behalf of GURU, are due immediately and are refundable at the Gurucool discretion.

 

Intellectual Property Ownership

The Gurucool name, the Gurucool logo, and the product names associated with the Software and Service are trademarks of the Gurucool or third parties, and no right or license is granted to use them.

 

Indemnification

By entering into this Agreement and using the Software or Service, you agree that you shall defend, indemnify and hold the Gurucool, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of courier services arranged via the Service or Software, or (c) your use or misuse of the Software or Service.

 

Disclaimer of Warranties

Gurucool makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the service or software. Gurucool does not represent or warrant that (a) the use of the service or software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the service or software will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations, (e) errors or defects in the service or software will be corrected, or (f) the service or the server(s) that make the service available are free of viruses or other harmful components. The service and software is provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by Gurucool.

Gurucool makes no representation, warranty, or guaranty as to the reliability, safety, timeliness, quality, suitability or availability of any services, products or goods obtained by third parties through the use of the service or software. You acknowledge and agree that the entire risk arising out of your use of the software and service, and any third-party services or products remains solely with you, to the maximum extent permitted by law.

 

Limitation of liability

Gurucool may introduce you to third-party educators for the purposes of providing services. We will not assess the suitability, legality or ability of any third-party educators and you expressly waive and release Gurucool from any and all any liability, claims or damages arising from or in any way related to the third partyeducators. Gurucool will not be a party to disputes, negotiations of disputes between you and such third-party educators.

 

General

This Agreement shall be governed by Australian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service or Software shall be subject to the exclusive jurisdiction of the state and federal courts located in Sydney NSW, Australia.