Guuru: Terms of Service

Terms and Conditions of use for guurus

Last update: May 25th, 2018

Your access to and use of the platform is conditioned on your acceptance of and compliance with these Terms and Conditions of Use ("Terms and Conditions"). These Terms and Conditions apply to all guurus who access or use the Service. These Terms and Conditions shall constitute the contractual covenants regulating your relationship with guuru ltd. Hünenberg.

By accessing or using the Service you agree to be bound to and accept the most recent revision of our Terms and Conditions, as they may be amended by guuru at any time, with immediate effect. If you disagree with any part of the Terms and Conditions then you may not access the Service and need to stop using it.

1. Terms

guuru ltd: guuru is a company registered in Hünenberg, ZG, that provides an intermediary platform to facilitate the bringing together of parties seeking and providing consultancy services (virtual marketplace).

guuru: a guuru is a natural person who acts as a provider of informational services under the current Terms and Conditions. guuru is registered as independent services provider ("Selbständigerwerbender" resp. "selbständiger Gewerbetreibender"). By registering on this platform the guuru becomes a member of the guuru service crowd. It is understood that registration on the guuru platform is non-exclusive and the guuru is permitted to join other service communities as well.

CLIENT: a (natural or legal) person who has entered into a contract with guuru ltd. for the receipt of services by guuru ltd. respectively the guurus on the guuru ltd. platform for the benefits of the Client's own customers (USER).

USER: a natural person or legal entity, who wants a service from a guuru and who uses the guuru ltd. intermediary platform to do this, and, provided agreement is reached, enters into a relationship with guuru. The USER is usually a user of products of CLIENT.

PROFILE: a description created solely by the guuru (name, profile picture, skills etc.) which can be retrieved on the guuru ltd. platform.

2. guuru ltd.'s role

With its online platform, guuru ltd. offers a marketplace for guurus (willing to share their expertise) and prospective USERS of certain services, and enables both of these groups to get in touch with each other.

guuru ltd. offers the opportunity to the guurus to enter into relationship with USERS and compensates the guuru for the rendered services, provided the USER is satisfied with the service. guuru acknowledges that compensation does not necessarily occur with a payment. The compensation for the respective service will be communicated prior to the service provision. USERS are not charged any fees by guuru ltd.

Upon completion of registration with guuru including the unconditioned acceptance of Terms and Conditions, a contract is created between the guuru and guuru ltd. which entitles the guuru to the use and obligates it to comply with the Terms and Conditions, and guuru confirms that whenever the guuru ltd. platform is used this shall be deemed as confirmation of the current Terms and Conditions.

guuru ltd., as the platform operator, is not responsible for the content and delivery of the service between the guuru and the USER, and assumes no liability and furnishes no warranty for the quality nor of the contents of the PROFILES. The guuru ltd. platform offers an opportunity to deliver services but does not guarantee this.

guuru ltd. is itself neither a provider nor customer of services. guuru ltd. restricts itself to providing the website (see www.guuru.com) as a marketplace and maintaining it in accordance with the Terms and Conditions. No warranty can be provided that the platform will be available continuously and will be error-free.

guuru ltd. reserves the right to alter or suspend the services at any time without prior notice. No legal claims can be derived as a result, and, to the extent that is legally permitted, the guuru waives any legal claims and agrees not to assert them (waiver of action).

3. guuru

guuru renders its service as an independent service contractor/provider ("Selbständigerwerbender" resp. "selbständiger Gewerbetreibender"). guuru carries out his/her services competently and independently. It is up to the guuru to decide whether to offer (date, duration, etc.) and how to render his/her services.

guuru is free to choose his/her domicile of work and place of performance. guuru ltd. offers an electronic access over its website. Thus guuru can login and render his/her services at his/her own discretion. guuru has and maintains his/her own infrastructure required.

4. Accounts

By creating an account on the guuru ltd. platform, guuru must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms and Conditions, which may result in immediate termination of the account on guuru’s service.

guurus are responsible for safeguarding the password that they use to access the service and for any activities or actions under their password, whether the password is with guuru’s service or a third-party service.

guurus agree not to disclose their password to any third party (except employees and/or subcontractors of guuru). guurus must notify guuru immediately upon becoming aware of any breach of security or unauthorized use of their account.

guurus may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than theirs without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

5. Booking of services

After a request for services by a User (BOOKING OF SERVICE) is received, guuru ltd. forwards the request. The BOOKING OF SERVICE by a USER is deemed to be an invitation to all guurus. If the guuru is ready and willing to provide a service which is being requested, the guuru shall accept the offer and deliver requested service. guurus have complete discretion whether they accept an inquiry or not. The acceptance of an inquiry leads to a contract between the USER and the guuru on a first come first served basis. Thus both parties are matched.

guuru ltd. reserves the send the BOOKING OF SERVE to a specific group of guurus based on the specifications of the required service.

guurus are not entitled to have any specific volume of USER inquiry forwarded to them. guuru ltd. cannot guarantee that contact will be facilitated successfully.

guuru ltd. shall transmit the corresponding information with the explicit consent of the guuru and the USER. guurus are obligated to provide truthful information. A breach of this obligation may result in the guuru being excluded and removed from the guuru platform.

6. Compensation

guuru ltd. compensates the guuru for a successful rendering of services, provided the USER is satisfied at its own discretion with the services. Compensation will generally occur by a payment of a fee. However, compensation may also occur through other rewards. The compensation for the respective service will be communicated prior to the service provision. The details and conditions of the payment can be found in "Annex 1" Compensation and Payment Schedule. Annex 1 is an integral part of the contract. guuru ltd. may adjust the fees and payment schedule at any time, effective any time and without prior notification. By paying the agreed service fee to the guuru all financial claims out of and in connection with the rendering of the service shall be deemed fulfilled.

If there are service problems in the relationship between the guuru and USER, there may be cases where relationships are unwound ("cancellation"). As a matter of principle, guuru leaves it to the aforementioned parties to arrange this independently. guuru ltd. does not interfere in this relationship and does not arbitrate disputes.

In case of fraud or wilful misrepresentation, detected by guuru ltd, USERS or guurus, no fees are paid to any party and legal action will be taken against the causer.

guuru shall render the service as an independent services provider and thus self-employed person ("Selbständigerwerbender", "selbständiger Gewerbetreibender"). The service may be rendered either personally or by an employee/subcontractor of the guuru. The present contract shall not be deemed to conclude an employment, agency corporate or any other associative relationship between the parties. guuru warrants that he/she is registered as an independently employed person with the competent social security authority and shall immediately notify guuru ltd. of any change of this status.

guuru is exclusively responsible for the proper declaration and payment of any tax and social security taxes/fees/charges due on the income he/she generates by rendering services and using the guuru platform. guuru ltd. is not an employment service or employer in relation to guuru. guuru acknowledges that he/she is solely responsible for paying the corresponding government duties (such as withholding tax, income tax, social security charges and any VAT taxes).

guuru has to hand over to guuru ltd. the following official documents upon guuru ltd.'s discretion:

  • (a) If guuru's business activity is domiciled in Switzerland: confirmation/certificate not older than three months that guuru has the status of a self-employed person ("Selbständigerwerbender") registered with a Swiss "Ausgleichskasse" as a self-employed person;
  • (b) If guuru's business activity is domiciled outside Switzerland: confirmation/certificate not older than three months that guuru is in its status as a self-employed person ("selbständiger Gewerbetreibender") registered and entitled to run its business as a self-employed person in accordance with local law (for Germany: copy of the "Gewerbeschein"; etc.).
  • (c) in all following years in case (a) or (b) applies: guuru has the obligation to hand over to guuru ltd. the latest by 31 March of every following calendar year a new confirmation/certificate to guuru ltd. produced after 1 January of the same year.

7. Limitations

The guuru ltd. platform must not be used for purposes which breach the Terms and Conditions or are otherwise illegal or unethical. Rights of third parties must not be infringed.

guuru ltd. points out to the guurus what their obligations are but cannot furnish a warranty or assume liability for the conduct of the guurus. guuru ltd. provides a rating system which promotes compliance with the practices that are expected. guurus declare that they agree to the publicly accessible rating option. Separate fair-use policies apply to the ratings for USERS.

The guurus are obligated to provide truthful information concerning themselves and their skills. guuru ltd. cannot, however, verify this and therefore cannot furnish a warranty or assume liability for the PROFILES either. The guurus, as independent providers of their services, are themselves solely responsible for their state of the art service delivery to USERS.

If misuse is found, or if a legal breach is highly probable, guuru ltd. can in urgent cases block PROFILES even without prior notice. No legal claims can be derived as a result, and, to the extent that is legally permitted, the guuru waives any legal claims and agrees not to assert them (waiver of action).

8. Termination

guuru ltd. may terminate or suspend guurus' account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if these Terms and Conditions are breached.

Upon termination, the right to use the service will immediately cease. If guurus wish to terminate their account, they may simply discontinue using the service.

9. Disclaimer

The use of the service is at the guuru's sole risk and responsibility. Use of the platform by guuru is on an “AS IS” and “AS AVAILABLE” basis. The service by guuru ltd. to guuru is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

guuru ltd., its subsidiaries, affiliates, and its licensors do not warrant that a) the service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the service is free of viruses or other harmful components; or d) the results of using the service will meet your requirements e) guuru will be assigned any tasks by a USER.

10. Confidentiality, ownership of results and data protection

guuru is solely responsible for ensuring that their accounts remain protected against unauthorised third parties (e.g. password protection requirements).

guuru commits to keep all data and information about USERS und CLIENTS strictly confidential. guuru acknowledges that a breach of this confidentiality undertaking may result in damage claims. Data and information learned about USERS must not be disclosed to third parties nor be used or processed for any other purposes.

All data and intellectual property (such as design and copyrights etc.) created by the guuru in the context of the service provision belong to guuru ltd regardless of whether or not the data or intellectual property is protectable. By accepting these terms guuru assigns to guuru ltd. the rights in any data or intellectual property, in particular copyrights, created by guuru and acknowledges that guuru ltd. may dispose of this data or intellectual property as it deems fit without any restrictions or additional compensation. guuru expressly waives the right to be named as author.

guuru ltd. shall comply with the applicable data protection legislation. guurus, USERS and users of the platform in general agree that the information provided by them (including personal information) may be stored and analysed for the purpose of further development, for customised offers, including targeted advertising, by guuru and by third parties who are in a contractual relationship with guuru. Data may be processed abroad. guuru ltd. shall ensure compliance with the data protection provisions.

To the extent permitted by law, guuru ltd. excludes any warranty or liability of any kind. There is no claim to compensation if it is not possible to use the platform (interruptions, problems) guuru cannot guarantee that contact will be facilitated successfully.

Zurich 1 shall be deemed to be the jurisdiction for any disputes in connection with the use of the guuru platform and material Swiss law shall apply.

Annex 1: Compensation and payment schedule

1. guurus are entitled to a compensation under following cumulative conditions:

  • successful full registration on the guuru platform as a guuru;
  • acceptance and compliance with Terms and Conditions;
  • truthful and correct information concerning their profile and their bank account details;
  • approved skills to deliver requested service;
  • proof of successfully delivered service.

2. Evaluation of service:

The quality of service received from guuru is evaluated electronically by USER after each interaction. The evaluation options for the rendered services are: yes / partially / no.

There is no claim possible against USERS evaluation.

USER is king.

3. The payment modalities are the following:

  • 100 % of agreed fee or reward, if the service is fully rendered and at the complete satisfaction of USERS (evaluation: yes)
  • 50% of agreed fee or reward, if the service is partially rendered and at the satisfaction of USERs (evaluation: partially)
  • No fee or reward, if the service is incompletely rendered and/or not at the satisfaction of USERS (evaluation: no)

4. Fee:

Depending on subject and area of expertise requested the fee may vary. The fee is subject to adaptation according to a dynamic model and at the sole discretion of guuru.

The amount of the applied fee is always communicated and displayed jointly with USERS service inquiry.

The amount of justified earned fee is credited to guuru internal fee account.

5. Payment schedule:

Guuru shall invoice guuru ltd. for the services rendered. If requested, guuru ltd. can provide a tool for the generation of an invoice. The amount of the monthly accrued fee shall be due and payable within 14 days at the end of each calendar month in which the invoice is received.

This amount shall be credited by guuru Ltd to guuru's bank account.

6. Activation charges:

Registration as a guuru is free of charge.