Terms and conditions

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1. About our terms

  1. The Application (App) and the website (Site) are a software application that serves as a means of finding teachers with the requested experience. The App and the Site offer information on services offered by the teachers.
  2. The App and the Site allow you to send a request for teachers to teach. The teacher has sole and complete discretion to accept or reject each of your requests for teaching. The teacher also has sole and complete discretion over whether to use the App and/or the Site to receive the leads generated through the App and/or the Site. If the teacher accepts your request, the App notifies you and provides information about the teacher--including his/her name, teaching experience, CV, customer service rating--and about how to contact the teacher by telephone. If you agree to meet face to face, the App also allows you to view the teacher's progress towards the pick-up point, in real time, the same way the teacher can monitor your progress towards the meeting point agreed upon.
  3. TO AVOID ANY DOUBT: WE ARE A TECHNOLOGY COMPANY, NOT AN EDUCATION COMPANY. Even if we do pay the teacher's tax, Jamsotek and other government-regulated fees, we do not permanently employ the teacher and we are not responsible for any acts and/or omissions by the teacher. The Application and the Site are simply a means of easing the search for teachers. It is up to the teacher to make you an offer to teach, and it is up to you whether to accept the teacher's offer to teach.
  4. By downloading, installing, and/or using the GURUANDA application (App), and the GURUANDA website (Site) you agree that you have read, understood, accepted and agreed to these Terms of Use ("Terms of Use"). These Terms of Use constitute a legal agreement between you and Guruanda.com, a project managed by PT Empatix, Indonesia, and apply to your visit to and use of our website at www.guruanda.com ("Site"), the Service and the App (as defined below). Under this contract, you agree to be bound by the Terms in their entirety. If you do not agree to the Terms, you must not use the App and/or the Site for any purpose whatsoever. Please indicate your acceptance by clicking the “accept” button below.
  5. By accessing or using the App and/or the Site or otherwise indicating your consent, you agree to be bound by the Terms and the documents referred to in them.
  6. If you have any questions about the App or the Site, please contact us at help@guruanda.com
  7. Definitions

`Account'
means collectively the personal information and payment information submitted by you to access the Services and/or the Tutoring Services;
'App`
means the application you download to use the service on a mobile phone or pad.
'App acceptable use policy'
means the policy [insert link to your App acceptable use policy], which governs your permitted use of the App;
'App privacy policy'
means the policy [insert link to your App privacy policy], which governs how we process any personal data collected from you;
‘Credit’
means the money paid by each student through the App or the Site to allow him or her to access the Teaching Services;
'Content'
means any text, image, video, audio or other multimedia content, software or other information or material submitted to or on the App and/or the Site;
‘Intellectual Property’
All intellectual property rights whether registered or not, including without limitation all copyrights, domain rights, design rights, database rights, trademarks, trade secrets, patents and patentable processes);
‘Lesson’
means the period during which the teacher provides teaching services to the student;
`Meeting fee`
means the extra fee that the student must pay if student and teacher agree to meet face to face;
`Minimum teaching time`
means the shortest number of hours a lesson can be;
`Rating'
means the score the student can give the teacher at the end of each teaching lesson;
‘Services’
means the services or information provided by us through the App and/or the Site, but NOT the teaching services, for which each teacher alone is individually responsible;
‘Service Fee’
means that portion of the credit payable to us for providing the services;
`Session`
means the period during which the teacher provides teaching services to the student;
‘Student’
means any person (including his/her parent or legal guardian, if applicable) using the App and/or the Site for the purpose of availing himself/herself of the teaching services;
‘Teacher’
means any person using the App and/or the Site for the purpose of providing teaching services;
‘Teaching Services’
means the services provided by each teacher to each student through the App and/or the Site;
‘Teaching Services Fee’
means the fee payable by the student for the lesson, calculated on the basis of the teacher’s hourly rate;
‘Unwanted Submission’
has the meaning given to it in clause 7.1;
'Website acceptable use policy'
means the policy that governs your permitted use of the App and the Site;
'Website cookie policy'
means the policy that governs how we use cookies on the Site;
'Website privacy policy'
means the policy that governs how we process any personal data collected from you;
'We, us or our'
means Guruanda.com in partnership with PT Empatix, whose registered office is Gedung Permata Cikini 3rd floor, Jl. Pegangsaan Timur nr. 7, Cikini, Jakarta Pusat 10320, Indonesia
'You or your'
means the person accessing or using the App and/or the Site or its content, either as a teacher or a student;

2. Using the Site and the App

  1. The Site and the App are for your personal and non-commercial use only.
  2. You agree that you are solely responsible for:
  3. all costs and expenses you may incur in relation to your use of the Site and the App; and
  4. keeping your password and other account details confidential.
  5. If you have attained the age of majority and are legally capable of understanding and accepting the Terms, the Terms are binding on you personally. If the student is under the age of majority, he/she may use the App and the Site but only with the consent and permission of the named parent or legal guardian, in which case that parent or legal guardian accepts all responsibility for the student’s use of the App and/or the Site, and the expression “You” and “Student” shall apply to the named parent or guardian in place of the student as party to the Terms for all purposes.
  6. The named parent or legal guardian specifically warrants and agrees that he/she has taken all measures necessary, in accordance with laws prevailing in the jurisdiction where the student is situated, to exercise such supervision and screening as may be required to ensure protection of the student from exploitation and to ensure that all communications are legally and appropriately conducted.
  7. We make it possible for student and teacher to meet face to face, outside our control, at Starbucks, for example, or even at the student's home. It is strictly forbidden to make agreements to teach without using the functionality built into the App and the Site. If we become aware of such activity, we will immediately block the involved account, and if our investigation indicates such activity, all outstanding credits and payments to the involved students and teachers will be put on hold.
  8. We may prevent or suspend your access to the App and the Site if you do not comply with any part of the Terms, any terms or policies to which they refer, or any applicable law.

3. Accounts

  1. In order to use the App and/or the Site, you are required to create an account, which will contain certain personal details. By continuing to use the App and/or the Site, you warrant that
  2. all information you provide is accurate and truthful
  3. you have permission to submit payment information
  4. you will keep this information accurate and up-to-date.

4. Payment Policy and fees

  1. As a student, you must not only create an account but also purchase prepaid credit before being allowed to use the teaching services. As a teacher, you must create an account before being allowed to provide teaching services through the App and/or the Site. As a teacher, you must also create a CV that lists the number of years of teaching experience for the different subjects you want to teach. You must also update this information on a regular basis.
  2. Unless otherwise stated, all fees are quoted in Indonesian Rupiah (IRP), but we reserve the right to introduce the use of other currencies from time to time at our discretion.
  3. In being granted access to the services and the teaching services, you expressly acknowledge that you waive any statutory right to cancel your contract with us.
  4. The rates that apply for teaching can be found on the Website and through the Application. We may modify or update the rates from time to time. 
  5. You agree that you will pay in full for the lesson taught by the teacher.
  6. You may cancel your account at any time after subscribing. However, subject to Clause 4.8, no refunds for credit purchased will be made, whether on grounds of quality or otherwise.
  7. Prepaid credit is not savings and therefore is not covered by the Indonesian Deposit Insurance Corporation (Lembaga Penjamin Simpanan). As Guru Anda Credit is categorized as e-money under prevailing laws and regulations, the use of Guru Anda Credit is subject to those laws and regulations.
  8. Once an account has been opened and you, as a student, have purchased credit, you may interact with the teacher to agree upon the scope and timing of the lesson.
  9. You, as a teacher, set your hourly rate, which you may change as you see fit, but no change may occur after you have agreed upon a teaching session with a student.
  10. Each student is charged the teaching services fee on a per minute basis, based on the teacher's hourly rate. Minimum teaching time is 60 minutes.
  11. Upon completion of the lesson, we, having recorded how much time has been spent on the lesson, will automatically deduct the teaching services fee from the credit. As a student, you must confirm the time spent immediately after the teaching session ends, and at the same time give the teacher a score. If you do not confirm the time spent on the teaching session within 15 minutes, the time reported by the teacher is used to calculate the student’s payment and the salary to the teacher.
  12. You, whether teacher or student, may end the lesson at any time, but no refund will be paid to the student for the abandoned lesson.
  13. We are not responsible for the quality or content of any lesson and make no representation or warranty of any kind as to the standard or quality of the teaching services provided.
  14. Guru Anda may, from time to time, increase the amount of Guru Anda Credit in your account as part of its promotion (eg, referral code). However, this is only an amount equal to the money value under the prevailing laws and regulations and cannot be converted to e-money.

5. Teachers and Payment

  1. As purely a marketplace for enabling students and teachers to connect with each other, we do not warrant that we have verified the credentials or certifications of any teacher. It is for each student to satisfy him/herself on this point, to avoid engaging with a person purporting to have the required professional qualifications and experience, who does not, in fact, have them. To the extent required in each case, each teacher takes full responsibility for obtaining the license and/or professional accreditation that qualifies him/her to provide the teaching services.
  2. We treat the teacher as a freelance employee, and the teacher agrees to be paid only for the number of hours actually taught and where the student has confirmed the registered number of hours.
  3. We pay the teacher his/her selected hourly rate that is included but not limited to Jamsotek, tax, JKK, and JKM. The teacher is obligated to inform us about his/her expected yearly income so that the correct tax can be calculated. If the teacher provides no or too little  information, the highest possible tax level will be used for tax calculation, or payment will be put on hold until the correct information is received. For most teachers we pay salary monthly if the number of hours per month is 15 or more. If less than 15 hours per month, payment will be withheld until the 15-hour limit is reached. The maximum payment period is 3 months. If the teacher wants payment faster than stated in these terms, a small management fee will be withdrawn from the teacher's pay.
  4. We may, at our discretion, change some or all of our services at any time. In the event, we introduce a new service, the fees for that service will be clearly posted and are effective at the launch of the service.
  5. You as a teacher can make an immediate withdrawal request (rather than waiting until 10 days after the end of the calendar month for payment) if your account has a balance of greater than 1,000,000 IDR so long as a minimum of 1,000,000 IDR remains in the account. We will process the withdrawal request for payment within seven (7) business days of the time of the request, depending on the payout method preferred, subject to payment terms of our payment partners. (To be decided with payment gateway)
  6. No other bonus or THR will be paid unless otherwise stated in the agreement between us and the teacher.
  7. Teachers and students fully agree to indemnify, hold harmless and defend us against tax, vat or other claims, and we have the right (but not the obligation) to deduct any tax, vat or other claims from your account at any time. If in any jurisdiction tax or vat is due on the services fee, you the student agree to increase the credit and/or you the teacher agree to reduce your hourly fee equal to the tax and/or VAT claims.

6. Ownership, use and intellectual property rights

  1. The App and the Site, the content and all intellectual property relating thereto are owned by us, or our licensors or both (as applicable). We (and our licensors, where applicable) reserve all our (and their) rights in any Intellectual property in connection with the Terms. This means, for example, that we (and they) remain owners of those rights and free to use them as we (and they) see fit.
  2. Nothing in the Terms grants you any legal rights in the App and/or the Site other than as necessary to enable you to access the App and/or the Site. You agree not to adjust, circumvent or delete any notices contained on the App and/or the Site (including any intellectual property notices) and in particular any digital rights or other security technology embedded or contained within the App and/or the Site.
  3. Trademarks: GURUANDA and the GURUANDA logo are our trademarks and service marks. We may apply for further trademarks related to GURUANDA products and services. All registered marks, all pending applications and all future trademarks remain and shall become the property of GURUANDA and you agree not to contest any of the same or to seek to establish any marks confusingly similar to ours. Other trademarks and trade names may also be used on the App and/or the Site. The use of any trademarks on the App and/or the Site is strictly prohibited unless you have our prior written permission.
  4. You may not (i) copy, modify, adapt, translate, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast, decompile, or disassemble any portion of or otherwise exploit the App and/or the Site except as expressly permitted under these Terms of Use, (ii) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the App and/or the Site in any way; (iii) create internet "links" to the App and/or the Site or "frame" or "mirror" any software on any other server or wireless or internet-based device; (iv) reverse engineer or access our software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the App and/or the Site or (c) copy any ideas, features, functions or graphics of the App and/or the Site, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the App and/or the Site, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the App and/or the Site or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of the proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the App and/or the Site. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms of Use.
  5. You will (i) not send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) not send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violation of third party privacy rights; (iii) not send material containing software viruses, worms, trojan horses or other harmful computer codes, files, scripts, agents or programs; (iv) not interfere with or disrupt the integrity or performance of the App and/or the Site or the data contained therein; (v) not attempt to gain unauthorized access to the Application or its related systems or networks; (vi) not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and (vii) refrain from engaging in any conduct that could possibly damage our reputation or be considered disreputable.
  6. We will have the right to investigate and prosecute any violations of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that we have no obligation to monitor your access to or use of the App and/or the Site, but we have the right to do so for the purpose of operating the App and/or the Site to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental bodies.

7. Submitting information to the App and/or the Site

  1. While we try to make sure that the App and the Site are secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. While we value your feedback, you agree not to submit any Unwanted Submissions. You alone accept full responsibility for any use of Unwanted Submissions, by any person(s) other than yourself.
  2. We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the App and/or the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions
  3. We keep Account information on file. Teachers may be given access to a report on Lessons provided and fees earned by them.

8. Accuracy of information and availability of the App and the Site

  1. While we try to make sure that the App and/or the Site is accurate, up-to-date and free from bugs, we cannot promise that it will always be so. Furthermore, we cannot promise that the App and/or the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
  2. We may suspend or terminate operation of the App and/or the Site at any time as we see fit.
  3. Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
  4. While we try to make sure that the App and/or the Site is available for your use, we do not promise that the App and/or the Site is available at all times nor do we promise the uninterrupted use by you of the App and/or the Site.

9. Hyperlinks and third party sites

  1. The App and the Site may contain hyperlinks or references to third party websites other than the App and/or the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third-party site may be governed by the terms of that third party site.

10. Limitation on our liability

  1. We and/or our licensors will not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have booked the service, including but not limited to loss, damage or injury arising out of, or in any way connected with the Service and/or Application, including but not limited to the use of or inability to use the Service and/or application.
  2. The quality of the Service obtained through the use of the App and/or the site is entirely the responsibility of the teacher who ultimately provides the Service to you. You understand, therefore, that by using the Application and/or the site, you may be exposed to service that can be offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the service at your own risk.
  3. Except for: fraud or fraudulent misrepresentation; we will only be liable for any loss or damage that is a reasonably foreseeable consequence of a breach of the Terms and, in any event, we shall not be responsible for an amount greater than that paid by you or received by you in relation to your use of the App and/or the Site. Losses are foreseeable where they could reasonably be contemplated by you and us at the time the Terms are entered into. We are not responsible for indirect losses that happen as a side-effect of the main loss or damage and which are not reasonably foreseeable by you and us (such as loss of profits or loss of opportunity).
  4. By using the Application, you agree that you will defend, indemnify and hold us, our licensors, affiliates, and each of our officers, directors, commissioners, 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 use of the Services and/or the Application, your dealings with the Service Providers, third party providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein or (c) your violation of any rights of any third party, including third-party Service Providers, arranged via the Application, or (d) your use or misuse of the Application. This defense and indemnification obligation will survive these Terms of Use and your use of the App and/or the Site.

11. Termination

  1. You are under no obligation to use the App and/or the site and may simply choose to stop using it at any time by cancelling your account and permanently deleting the App from your device, thus disabling your use of the App. This Terms of Use is automatically terminated when you permanently delete the App from the device and mark your account on the site inactive.
  2. You may terminate your account by informing us of your intention to cancel your account. We will try to do our best to complete the termination within 15 (fifteen) business days.
  3. We reserve the right to immediately suspend, restrict or terminate these Terms of Use and your use of the App and/or the site if we have reasonable grounds to suspect that you have breached or violated any provision of these Terms of Use or the prevailing laws and regulations.

12. License

  1. Our waiver or forbearance or failure to claim a breach of any provision of these Terms of Use or to exercise any right provided by these Terms of Use or the applicable law, may not be deemed to constitute a waiver with respect to any subsequent breach of any provision hereof.
  2. These Terms of Use are drawn up in both English and Indonesian language, both of which versions will be binding on you and us. In the event of any inconsistency between the Indonesian language version and the English version, the English language version will prevail.
  3. You may not transfer or assign your rights under these Terms of Use, without our prior written approval. We may assign our rights under these Terms of Use to a third party at our sole and absolute discretion.
  4. If any term under these Terms of Use is held to be illegal, invalid or unenforceable, in whole or in part, under any enactment or rule of law, the term or part of it will, to that extent, be deemed not to form part of these Terms of Use but the legality, validity or enforceability of the remainder of these Terms of Use will not be affected.
  5. These Terms of Use are governed by and to be construed under the laws of the Republic of Indonesia. Any and all disputes arising from the use of our services shall be governed by the exclusive jurisdiction of the South Jakarta District Court.
  6. These Terms of Use may be modified, varied and changed from time to time. We will notify you through the App, the site and/or email of the modifications, variations and/or changes to the Terms of Use. The continued use of the App and/or the site after receipt of this notice will constitute your consent to and acceptance of the modifications, variations, and/or changes.

13. Events beyond our control

  1. We shall have no liability to you for any breach of the Terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; breakdown of systems or network access, flood, fire, explosion or accident.

14. Rights of third parties

  1. No one other than a party to the Terms has any right to enforce any of the Terms.

15. Variation

  1. The Terms are dated 01/05/16 No changes to the Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary the Terms from time to time. Our new terms will be displayed on the App and/or the Site and, by continuing to use and access the App and the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check the Terms from time to time to verify such variations.

16. Disputes

  1. The Terms are to be governed by and construed in accordance with the laws of the Republic of Indonesia. We will try to resolve any disputes quickly and efficiently.