The following terms (these “Payment Terms”) govern payments you make or receive through guruu.co (the “Site”), operated by Chive Pty Ltd. (L2 23 Foster Street, Surry Hills, NSW 2010, Australia).
Chive Pty Ltd is collectively referred hereto as “Guruu” "Guruu.co" “we” or “us” or “our”.
Please read these Payment Terms carefully before making or receiving payments through the Site. By making or receiving payments through the Site, you accept and agree, on behalf of yourself or on behalf of your employer or guardian or any other entity (if applicable), to be bound and abide by these Payment Terms. These Terms are supplemental to Guruu’s General Terms of Service, community standards and other terms, as applicable (collectively, the “Terms of Service”).
Key Terms
Capitalized terms used but not defined herein shall have the respective meanings given to them in the Terms of Service.
Payment Services Provider(s) are service providers that provide payment services to Buyers and Sellers in connection with the Guruu platform, including with respect to collection of funds from Buyers in connection with purchases, remittance and withdrawal of funds to Sellers, currency exchange services in connection with payments and withdrawals in local currencies, and the holding of funds in connection with Guruu Balances.
Revenue is the money that service providers earn from successfully completed bookings.
Sellers (“Guruus”) are service providers who offer services via the Guruu.co platform for the purpose of earning an income.
Buyers (“learners”) are people that purchase a service.
Receiving Payments
General
Each session you sell and successfully complete, accredits your account with revenue equal to 85% of the purchase amount.
We release payment to Sellers once an order is completed. See the “Orders” section in these Terms of Service for a definition of a completed order.
If a buyer cancels an order (for any reason), the funds paid will be returned to the buyer (“learner”) subject to the Seller’s cancellation policy.
If the Seller cancels an order, the buyer will receive an immediate 100% refund.
If an order is completed, but disputed by the buyer, the buyer and seller are encouraged to reach agreement between themselves. If this isn’t possible, our customer service team can moderate on behalf of both parties. In this case, our team will ask for relevant information, including access to video recordings, and the team’s decision will be final with no further negotiations or correspondence entered into.
With respect to disputes, payment will be released because either (a) the buyer and seller reach agreement or (b) the customer service team moderates a final outcome.
If a buyer disputes payment, we will withhold payment for a maximum of 10 business days from the time the dispute is initiated. If, after this time, neither parties have reached agreement, our team will determine an outcome, which will be final with no further negotiation, and payment will be released subject to the team’s outcome.
A buyer may only dispute a payment because either (a) the seller was in breach of community standards or (b) the seller failed to deliver on pre-agreed deliverables.
Service providers are responsible for paying any direct or indirect taxes, including any GST, VAT or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The price shown on the Seller’s profile page is inclusive of all such taxes and charges that may apply to the Seller.
Appointment as Limited Payment Collection Agent: Seller hereby appoints us as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller. Seller agrees that payment from Buyer to us shall be considered the same as if made directly to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by us (or its Payment Services Provider, as applicable), and we (via its Payment Services Provider, as applicable) are responsible for remitting the funds to the Seller in the manner described in these Payment Terms. In the event that we (via Payment Services Provider) do not remit any such amounts to Seller, the Seller will have recourse only against us and not the Buyer directly. Seller agrees that we may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Buyers that we may deem necessary or prudent.
We partner with Payment Services Providers for purposes of collecting payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with bookings. All payments services in connection with bookings are performed by our Payment Services Providers.
Getting Paid
When a Buyer makes a booking, payment is collected by us via our Payment Services Providers. This payment is held by us until the booking is successfully completed or any dispute is resolved. If there is no dispute, within three (3) business days, we release payment to the Seller, less the commission that we collect for use of our platform.
For security concerns, we may temporarily disable a Seller’s payment to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behaviour reported by other users, or associating multiple accounts to a single withdrawal provider. The maximum amount of time an account may be temporarily disabled is 90 days.
Payment releases are final and cannot be undone. We will not be able to reverse this process once it has begun.
We transact in US dollars (USD). Sellers are responsible for any exchange rate fluctuations and conversion fees that may be incurred in their transactions with us.
The seller is responsible for providing accurate bank account details to receive payments.
The seller is responsible for any additional fees that may apply based on their bank, location and/or currency.
Purchasing
General
Buyers make a payment through Guruu.co to secure a booking (“a session”) from a Seller’s profile page. We partner with Payment Services Providers for purposes of collecting all payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with bookings. All payments services in connection with the collection of funds on the Guruu platform are performed by our Payment Services Providers.
We serve as the Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by Guruu.co (or its Payment Services Provider, as applicable), and we are responsible for remitting the funds to the Seller in the manner described in these Payment Terms. In the event that we (via Payment Services Provider) do not remit any such amounts to Seller, the Seller will have recourse only against us and not the Buyer directly.
In most locations, purchases on Guruu.co can be made by Credit Card. Additional payment methods may apply in certain locations.
Service fees are added at the time of purchase where you can review and accept the total amount requested to pay. These fees cover administrative fees. As of August 2022, the service fee on a booking is USD$3 and is applied at checkout.
The Buyer is responsible for paying applicable GST, VAT or sales tax. Tax is charged in addition to the Seller’s and Service fees.
You may not offer Sellers to pay, or make payment using any method other than through the Guruu.co site. In case you have been asked to use an alternative payment method, please report it immediately to help@guruu.co
You agree to receive invoices and/or payment receipts from us in electronic form as PDF documents, by email or through the Site.
To protect against fraud, unauthorized transactions (such as money laundering), claims, or other liabilities, payment information in connection with withdrawals is collected by our Payment Services Providers. Payment Services Providers may also collect such other information as necessary for the purpose of processing withdrawal payments. We are not exposed to the payment information provided to Payment Services Providers, and this information is subject to the privacy policy applicable to the Payment Service Provider. Please see our Privacy Policy for more information.
By using any payment method and/or providing payment details for making purchases on guruu.co, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Guruu.co; and (d) such actions do not violate any applicable law.
Taxes
We may be required by applicable laws to charge users with indirect taxes (such as Sales Tax, VAT or GST) or to withhold taxes. Any amount we will be required to collect will be in addition to the purchase amount and any other fees payable by the Buyer, and any amount we will be required to withhold will be deducted from the Seller’s revenue, as required by applicable laws.
Indirect taxes are in addition to the price shown on the site, and in any event, any such taxes will always be displayed to the Buyer before payment.
Users are responsible for paying any direct or indirect taxes, including any GST, VAT, or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction.
Disputes and Cancellations
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact our Customer Support team for assistance at help@guruu.co
Basics
Orders can be cancelled on Guruu.co. The Seller's refund policy will determine the refund that is issued. The Buyer is responsible for reading the Seller’s cancellation policy before purchasing. The Seller's cancellation policy is displayed on the Seller’s profile page.
Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation of these Payment Terms. Doing so may get your account temporarily or permanently disabled. Note: Once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
In the event that you encounter an issue related to the service provided in an order, you are encouraged to use the Site's dispute resolution tools to attempt to resolve the matter.
We, through our Payment Services Provider, reserve the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
All transfer and assignment of intellectual property to the Buyer shall be subject to full payment and the delivery may not be used if payment is cancelled for any reason.
If an order is cancelled by the Service Provider (for any reason), 100% of funds paid will be returned to the Buyer.
If the Buyer cancels a booking, the refund issued will reflect the Seller’s cancellation policy.
Requesting to gain more services from Sellers beyond the agreed requirements is not allowed.
Order Cancellations
Bookings (“orders”) can be changed (even at late notice provided the Seller agrees). To change a booking, a Buyer should access their dashboard, click on “change booking” and choose a different available time slot.
If there is a dispute, we encourage Buyers and Sellers to resolve conflict mutually using the Resolution Center. If our team needs to moderate disputes, we will assess disputes based on a number of factors, including violations of our Terms of Service and/or our Community Standards, or general misconduct.
A booking cannot be cancelled once it is complete (the Seller has delivered the service).
Bookings are not eligible to be disputed based on the quality of service, information or whether you "liked" the Seller if the service delivered was as described in the Seller’s Page. You may rate your experience with the Seller through the Site’s online reviews, including the overall level of service quality received.
You must use our Resolution Center to address your concerns and desired resolution related to the service provided by their Seller prior to contacting our team. We will not take any action against a Seller where the Buyer has failed to inform their Seller of issues related to the Seller’s service and will not allow Sellers to provide a resolution first. This does not include non-permitted usage of Guruu.co.
Any non-permitted usage of guruu.co encountered during a booking, after being reviewed by our Customer Support team, may result in the dispute being found in the other party’s favour. This includes, but not limited to; harassment, unlawful behaviour, or other violations of our Terms of Service or Community Standards.
We will accept Buyer disputes based on, but not limited to, the following reasons:
A breach of our Community Standards
1. The Seller is late or does not turn up for their booking.
2. Behaviour is in breach of our Community Standards.
We may use broad discretion with respect to content or users that violate our community standards. With respect to minors, any violations of our community standards may lead to actions taken on the user’s account and a report made to relevant law enforcement authorities.
The Seller did not deliver on pre-agreed requirements
The Seller did not deliver on written, pre-agreed requirements for their booking.
Chargebacks
We review cases of payment provider chargebacks and disputes on behalf of Sellers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the Seller’s favor. If the chargeback case allows, Guruu.co (or one of our Payment Services Providers) will return parts or full revenue back to Sellers, otherwise the chargeback amount will be borne by the Seller.
Refunds
We refund payments when (a) the buyer cancels within the allowable notice period (as displayed on the Seller's profile page), where a Seller cancels a booking, and where a dispute is resolved in the Buyer's favour.
Where we refund 100% of the payment made, this includes any sales tax (or GST, or VAT, or equivalent) and the Service Fee.
Where we refund in part, this includes a pro-rata refund of any sales tax paid. The Service Fee is not refunded.
To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund, which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee.
General Terms
Modifications
We may make changes to these Payment Terms from time to time. When these changes are made, we will make a new copy of the terms available on this page.
You understand and agree that if you use guruu.co after the date on which the Payment Terms have changed, we will treat your use as acceptance of the updated Payment Terms.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GURUU.CO NOR ANY PERSON OR ENTITY ASSOCIATED WITH GURUU.CO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL CHIVE PTY LTD, GURUU.CO, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SELLER, CHIVE PTY LTD, GURUU.CO AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with us, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.