MyGuru for Wanslea

Terms & Conditions

These Terms of Service and Terms of Use ("Terms") govern your access to and use of the applications and websites including but not limited to the website myguru.com.au and all  related sites, domains or pages, which includes MyGuru for Wanslea, whether accessed or used directly from MyGuru or via Wanslea (the "Services") of MyGuru Pty Ltd ABN 45 168 952 289 (“MyGuru”). For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use any of the Services.

These Terms incorporate any instructions or information related to the use of MyGuru that is listed on MyGuru, and in agreeing to these Terms you are bound by each of those things too.

 Any information, text, files, images, graphics, photographs, videos, music, trademarks (registered or unregistered), designs, logos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content") are governed by these Terms and is the sole property of either MyGuru or of users or other third parties who have granted us their permission to use it on MyGuru. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By using or accessing the Services you acknowledge and agree that you have had sufficient opportunity to read and understand the Terms and you agree to be bound by them. If you do not agree to any of the Terms, you must not use the Services.  The Terms may be revised or updated from time to time and any updates are effective immediately on being published. This version is effective on the date set out below.

By visiting or using MyGuru, you warrant to us that you are over the age of 13. If you are not over the age of 13, a parent or legal guardian must use MyGuru on your behalf, or you must only use MyGuru with express consent of a parent or legal guardian, who will be bound by these Terms.

1.  User Accounts

1.1

The terms in this clause 1 apply to use and setup of an account with MyGuru, whether you have accessed through the MyGuru Services or via a third party site such as Wanslea or otherwise through the employee of the user or any other method. You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services. You should only provide Content that you are comfortable sharing with other users, your colleagues, managers or anyone else in your organisation.

1.2

In creating a MyGuru account you agree to not post content of explicit nature to MyGuru. This includes pornographic, illegal or violent material, material that breaches propriety or privacy rights, hateful, incitement, racial or discriminatory material or material promoting a terrorist or criminal activity. Content MyGuru believes is of this nature will be removed, the account closed and police alerted where required.

1.3

In order to use MyGuru you must register an account with MyGuru submitting any required data and personal information (or taking other reasonable steps) necessary to establish an account and subject to any limits on the use of pseudonyms, email addresses, URLs, domains notified by us. By doing so you agree that all data provided is accurate, true and up-to-date and agree to update your account with any changes or additions to data you have submitted as soon as practicable. You must not use any automated or other unauthorised means to register an account and we reserve the right to refuse, delete or lock registrations or accounts at our sole discretion.

1.4

You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

1.5

The Services that MyGuru provides are always evolving, and the form and nature of the Services that MyGuru provides may change from time to time without prior notice to you or other users. In addition, MyGuru may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally without prior notice.

1.6

We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

1.7

We also retain the right to close or limit the use of an account where there are reasonable grounds to believe that there are multiple people using the same account

1.8

You agree to make any payments required to use MyGuru, as set out on MyGuru or notified to you. By creating a MyGuru account, you warrant to us that you have obtained the express consent of any person to provide his or her credit card details to make any payments required by the Services.  By providing MyGuru with credit card information, you hereby acknowledge and agree to our credit facilitator Stripe, having access to storing and using such credit card information for the purpose of payment for MyGuru.

3. Contributions of Content by users

3.1

Upon contributing, submitting, posting or displaying Content on or through the Services, including via third party sites such as Facebook or Twitter, or through the employer or organisation of the user, all users grant and assign to MyGuru all such Content as an irrevocable, unconditional, absolute assignment of present and future rights, without limitation, restriction or encumbrance of any kind, and will do all things reasonably necessary to properly effect such assignment. To avoid doubt, MyGuru is the sole legal and beneficial owner of assigned Content on and from its creation and is entitled to use it in any and all media or distribution methods (now known or later developed), which includes its use on MyGuru as it operates from time to time, and our reasonable promotional or marketing purposes, without any payment or obligation to any user.

3.2

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

3.3

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users. MyGuru will not be responsible or liable for any use of your Content by MyGuru in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

4. Licence to all Users

4.1

MyGuru grants all users a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by MyGuru as part of the Services.

4.2

This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by MyGuru and organisations registered on our Services, in the manner permitted by these Terms.

5. Copyright

5.1

All right, title, and interest in and to the Services are and will remain the exclusive property of MyGuru.

5.2

The Services are protected by copyright, trademark and other laws of Australia and other foreign countries. Nothing in the Terms gives you a right to use the MyGuru name or the MyGuru trademark, logos, domain names, and other distinctive brand features.

5.3

Any feedback, comments, or suggestions you may provide regarding MyGuru, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

5.4

We may, as we find necessary, make amendments to these Terms. You can view a current version of our Terms at http://wanslea.myguru.com.au/terms. Your continued use of MyGuru following amendments to our terms constitutes your acceptance of our amended terms.

6. Content on the Services

6.1

All Content, whether publicly posted or privately transmitted is the sole responsibility of the person who originated such Content. We may not monitor, control or honour the Content posted via the Services and, we do not take responsibility for such Content.

6.2

Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, tact, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services.

6.3

You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will MyGuru be liable in any way for any Content, including, but not limited to, any promises, errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

6.4

MyGuru does not regulate, control or monitor offensive, adult or religious material.

6.5

MyGuru will however take complaints via its website contact form at myguru.com.au/contact or via email to admin@myguru.com.au and consider each complaint with fairness and values in mind and offer solutions where possible. Complaints relating to unlawful, illegal, terrorist or dangerous behaviour or Content will be dealt with seriously.

6.6

NOTE: IF YOU RECEIVE CONTENT THAT IS EXPLICIT IN NATURE (PORNOGRAPHIC, ILLEGAL OR VIOLENT MATERIAL, MATERIAL THAT BREACHES PROPRIETY OR PRIVACY RIGHTS, HATEFUL, INCITEMENT, RACIAL OR DISCRIMINATORY MATERIAL OR MATERIAL PROMOTING A TERRORIST OR CRIMINAL ACTIVITY) PLEASE REPORT IT TO MYGURU BY EMAILING ADMIN@MYGURU.COM.AU WE WILL ASSESS THE CONTENT AND ACT AS WE SEE FIT. MYGURU HAVE THE FINAL SAY IN WHAT MATERIAL IS EXPLICIT AND WHAT ACTION IS TAKEN.

7. Restrictions on Content and Use of the Services

7.1

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames.

7.2

You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.

7.3

You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or businesses and you must not post private, personal or confidential information via the Service.  Any information that you provide to MyGuru is subject to our Privacy Policy, which should be read and accepted in conjunction with these Terms.

7.4

You may not use the Service for any illegal or unauthorised purpose.

7.5

You agree to comply with all laws, rules and regulations (for example, federal, state and local) applicable to your use of the Service and your Content, including but not limited to, copyright laws.

7.6

You may not publish images of children under the age of 18 years without the express consent of the parent or guardian of such child or children.

7.7

You may not post Content that is subject to copyright or other lawful restriction and claim that Content as your own without the express written permission of the copyright holder.

7.8

We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

7.8.1

satisfy any applicable law, regulation, legal process or governmental request;

7.8.2

enforce the Terms, including investigation of potential violations hereof;

7.8.3

detect, prevent, or otherwise address fraud, security or technical issues;

7.8.4

respond to user support requests: or

7.8.5

protect the rights, property or safety of MyGuru, its users and the public.

7.9

You may not do any of the following while accessing or using the Services:

7.9.1

access, tamper with, or use non-public areas of the Services, MyGuru’s computer systems, or the technical delivery systems of MyGuru’s providers;

7.9.2

probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

7.9.3

access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by MyGuru (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with MyGuru;

7.9.4. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or

7.9.5

interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

8. Privacy

Any information that you provide to MyGuru is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information within Australia and/or to other countries for storage, processing and use by MyGuru. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your MyGuru account, which you may not be able to opt-out from receiving.

9. Passwords

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We suggest you use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. MyGuru cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

10. Copyright Policy

MyGuru respects the intellectual property rights of others and expects users of the Services to do the same. However, MyGuru will not respond to, or become involved in any copyright disputes originating from the use of MyGuru’s Services or Content. We do though, reserve the right to remove Content alleged to be infringing, without prior notice and at our sole discretion. In appropriate circumstances, MyGuru will also terminate a user’s account.

11. No Warranties

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, MyGuru and its partners disclaim any warranties, express of implied, of merchantability, fitness for a particular purpose, or non-infringement. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. MyGuru will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that MyGuru has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. While we endeavour to provide the highest quality of services we do not guarantee the accuracy of information or content. No advice or information, whether oral or written, obtained from MyGuru or through the Services, will create any warranty not expressly made herein.

12. Links to Third Parties

12.1

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for:

12.1.1

the availability or accuracy of such websites or resources; or;

12.1.2 the content, products, or services on or available from such websites or resources;

Links to such websites or resources do not imply any endorsement by MyGuru of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

12.2

The Services may include advertisements from our approved third party partners (“Third Party”), which may be targeted to the user. The types and extent of advertising by MyGuru on the Services are subject to change.  If a user is uncomfortable with advertisements from a Third Party they should advise MyGuru.

12.3

In consideration for MyGuru granting you access to and use of the Services, you agree that MyGuru and any Third Party may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

12.4

Any third party good or service advertised on MyGuru is not an offer from us. Your only agreement with us is to use MyGuru and the Content. When you purchase goods or services offered by any Third Party, the contract or agreement for provision of goods or services is between you and the Third Party.

13. Limitation of Liability

13.1

To the maximum extent permitted by applicable law, MyGuru and its affiliates, officers, employees, contractors, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, good-will, or other intangible losses, resulting from:

13.1.1

your access to or use of or inability to access or use the services;

13.1.2

any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties;

13.1.3

any Content obtained from the Services;

13.1.4

unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not MyGuru has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose;

13.1.5

the publication of Content that does not meet the requirements of these Terms.

14. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

15. Indemnification

You agree to indemnify and hold harmless us and our affiliates, officers, agents, employees or agents from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of the Terms, or your violation of any law or the rights of any party. You also agree to indemnify us from any and all damage you may cause us, our business or MyGuru due to your interactions with us, any negligent act or omission or willful misconduct or any claim, suit or action bought against us as a result of your acts or omissions.

This Clause contains continuing separate obligations and it survives termination.

16. Termination

We reserve the right, without notice and in our sole discretion, to restrict, suspend or terminate your ability to use MyGuru or Content, and to limit, block or prevent access to and use of MyGuru or Content. Failure by you to abide by the Terms in any way may revoke your authorisation to use MyGuru including any license granted to you. We will not be liable for any damages, loss or expenses of any kind, including indirect or consequential, suffered or incurred by you in any way (including negligence) as a result of refusal, termination, change or removal, or in connection with your reliance on MyGuru, in any way, other than any refund under these Terms.

17. Waiver and Severability

The failure of MyGuru to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

18. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Western Australia without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Western Australia and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

19. Entire Agreement

These Terms, the MyGuru Rules and our Privacy Policy are the entire and exclusive agreement between MyGuru and you (the user) regarding the Services (excluding any services for which you have a separate agreement with MyGuru that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between MyGuru and you regarding the Services. We may revise these Terms from time to time, the most current version will always be at wanslea.myguru.com.au/terms. If the revision, in our sole discretion, is material you should know about, we will notify you via a MyGuru newsletter or e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. These Services are operated and provided by MyGuru, Ground Floor, 45 St Georges Tce, Perth, WA 6000. If you have any questions about these Terms, please contact us.

Date of Last Revision: 16 July 2015