The following terminology applies to these Terms and Conditions and Privacy Policy:
“You”, “Your” and “User” refers to you, the person accessing the StudentGuru website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to StudentGuru Pty Ltd. “Party” and “Parties” refers to both the User and ourselves, or either the User or ourselves. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Terms and Conditions of Website Use
These terms of use (together with the documents referred to in them) contain the terms of use on which you may use or access www.studentguru.com.au (the 'Website '), or any such related subdomains, websites and/or mobile application for such website (our “Sites“) whether as a guest or registered user. Use of our Sites includes accessing, browsing or registering for an account. If you log in to our Sites through a third party such as Facebook, WeChat etc. then you will be bound by these terms when you reach our Site.
1. About the Website
1.1 This Website provides you with an opportunity to browse, purchase various products for sale, and enquire on property listings, that have been listed for lease, through the Website (the 'Products '). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services ').
1.2 The Website is operated by STUDENTGURU PTY LTD (ABN 81 628 634 293). Access to and use of the Website, or any of its associated Products or Services, is provided by STUDENTGURU. Please read these terms and conditions (the 'Terms ') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3 STUDENTGURU reserves the right to review and change any of the Terms by updating this page at its sole discretion. When STUDENTGURU updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Accessing our Sites
2.1 We do not guarantee that our Sites, or any content on them, will always be available or be uninterrupted. Access to our Sites is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Sites without notice. We will not be liable to you if for any reason our Sites are unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Sites.
You are also responsible for ensuring that any persons with access to our Sites through your internet connection are aware of these terms of use and the other applicable terms and conditions listed above, and that they comply with them.
3. Registration and use of the Purchase Services
3.1 In order to register for an account on our Sites you must be aged 18 or over at the point of registration or be 13 or older and have your parent or guardian’s consent to register for an account on our Sites. You must (or your parent or guardian acting on your behalf) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.
3.2 In order to access the Purchase Services, you may either register as a Guest User or a Registered User on the Sites. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including, but not limited to:
3.3 You warrant that any information you give to STUDENTGURU in the course of completing the registration process will always be accurate, correct and up to date.
3.4 Once you have completed the registration process or completed a transaction, you will be a registered member of the Website ('Member ') and agree to be bound by the Terms.
4. Obligations as a Member
As a Member, you agree to comply with the following:
5. Products and Listings
5.1 You can apply or purchase a number of products via this Website. These products are not provided by us but provided by third party supplier partners (“third parties”) over whom we do not have control. It is your responsibility to satisfy yourself that you wish to obtain any product before doing so. Before making a decision to purchase a product, you should consult the relevant product documents.
5.2 This Website contains statements regarding the terms of the products, including features and inclusions. Some of these statements are generalised in order to give you a summary of the products being compared. However, not all products are the same and you should confirm the exact terms of any product that you intend to purchase prior to purchasing that product.
5.3 The Accommodation page on this Website is purposed to allow property owners and managers to advertise their properties (each, an “Advertiser”) to potential student tenants (each, a “Student”)
5.4 Booking enquiries can be made on each listed property, with related information required for the enquiry to be processed, as per 3.2. At point of enquiry, no payment details are required and there is no commitment to rent a room. A service consultant will then contact you to confirm and discuss the accommodation type that you require. Contact may be made via emails or messaging systems including but not limited to, Whatsapp, WeChat, QQ, etc.
5.5 All rental property listings on this Website are not owned, managed or contracted by us. We will not be a party to any agreement between an Advertiser and a Student. The terms of any agreement entered into between an Advertiser and a Student may vary from Advertisers. It is your responsibility to review and agree to an Advertiser’s specific terms including the Advertiser’s terms relating to payments and cancellations where payment is made via our Sites.
5.6 All aspects of a transaction between a Student and an Advertiser, including (but not limited to) the quality, condition, safety or legality of the properties advertised and the ability of a user to enter into a transaction are solely the responsibility of each user. This includes the terms of any security deposit, which are set by the Advertiser. We do not represent, or negotiate, or carry out research on the part of or act on behalf of either Advertisers or Students.
6. Services, Products, Prices and how we are paid.
6.1 We provide a variety of products and services on this Website. All of which are provided by third parties.
6.2 Unless otherwise stated, all payments for products purchased through our Sites are collected on behalf of our third-party partners and are remitted to them directly. Bank charges and related delivery charges are cost collected by us to cover the cost of services.
6.3 Majority of our service is free, or at no additional cost as we receive commissions from majority of the third-party product providers when you purchase or book through our Sites.
6.4 Prices of properties and insurance displayed on this Website are liable to change at any time. We will endeavor to keep the prices up to date, however some of the prices listed on the Website may be incorrect. We expressly reserve the right to correct any pricing errors on our Sites and/or on potential bookings or quotes which have not yet been completed.
6.5 Prices displayed are as per provided from Advertisers and related third party providers at the latest point in time. We are not responsible or liable for the accuracy of the prices displayed, to the maximum extent permitted by applicable law.
6.6 All product prices are originally quoted and based in Australia dollars. Currency rates given on the Website are based on a weekly assessed rate from publicly sourced sources and should be used as guidelines only. Rates are not verified as accurate and actual prices may vary from those shown on the Website.
6.7 We or third parties may list promotions, special offers or other forms of vouchers on the Website (“Vouchers”). Vouchers will contain terms and conditions that will apply in addition to these Terms and will be void if you attempt to redeem the Vouchers in violation of either Terms. Unless expressly stated on the, Vouchers may not be used in combination with other promotions or discounts. Vouchers are only redeemable during the promotional period specified in the and are subject to availability. These Vouchers will be non-transferable and have no alternative cash value.
7. Payments
7.1 In using the Purchase Services to purchase or enquire on the Product through the Website, you will agree to the payment of the purchase price listed either on the Website or the confirmation property booking email from the Advertiser or ourselves (the 'Purchase Price ').
7.2 Payment of the Purchase Price may be made through Stripe (the 'Payment Gateway Provider ') You can find out more about Stripe here.
In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers
Any deposit paid to an Advertiser via the Website is held by the Advertiser, and at the end of a tenancy agreement, you must contact the Advertiser to obtain the return of your deposit.
Where you request a refund via Stripe, in accordance with Stripe’s refund policy, it may take up to two weeks for you to receive the refund
7.3 All payments made directly to an Advertiser off the Website will not be tracked by us, and we assume no responsibility in regard to these types of payments, in regards but not limited to, missing or loss payments and fraudulent charges.
7.4 Following payment of the Purchase Price being confirmed by us or the Advertiser, you will be issued with a receipt to confirm that the payment has been received and we may record your purchase details for future use.
7.5 Any tenancy agreement entered into will be between a Student and an Advertiser. It is a Student’s responsibility to make themselves aware of the Advertiser’s cancellation policy at the time of booking. In the event that you need to change or cancel your agreement, please contact your allocated service representative.
7.6 Any OSHC refunds is as per the Terms provided by the OSCH provider. In most cases refunds can be facilitated if your visa was refused by the Department of Immigration and Citizenship (proof from DIAC will be required);You have decided to not travel to Australia; or Where you have inadvertently bought two policies from the same or different providers; You have made a mistake in your application.
Where you are entitled to a full refund, we will refund you the full purchase price, less any bank fees. Where you are not entitled to a full refund, we will refund you for the unused portion of your premium, less any bank fees
7.7 Refunds on all other products are at our sole discretion, and we may provide a refund upon valid requests, and (if applicable) the return of the Product(s) within 20 days where the Product is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
8. Warranty
8.1 Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
8.2 Claims must be made with the third-party provider of the product or service, and we bares no responsibility for these claims. You may make a claim under this clause (the ' Warranty Claim') for material defects and workmanship in the Products.
8.3 In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to the third-party provider showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products. All the different products will come with instructions on how you may make a warranty claim.
8.4 Should you need assistance you may email at hello@studentguru.com.au and we will direct you to the right provider to make your claim.
8.5 Where the Warranty Claim is accepted then the third-party provider will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labor. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
8.6 The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
9. Delivery
9.1 You acknowledge that some Purchase Services offered by us integrate delivery and pick up (the ' Delivery Services ') through the use of third-party delivery companies or pick up partners (the ' Delivery Service Providers ').
9.2 In providing the Purchase Services, we may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that we are not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
9.3 In the event that an item is lost or damaged in the course of the Delivery Services, we ask that you:
10. Copyright and Intellectual Property
10.1 The Website, the Purchase Services and all of the related products of STUDENTGURU are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content ') are owned or controlled for these purposes, and are reserved by us or its contributors.
10.2 We are the retainer or the licensee of all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
10.3 You may not, without the prior written permission of us and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
10.4 You may print off copies, and download extracts, of any page(s) from the website solely for your personal use
11. Privacy
STUDENTGURU takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to STUDENTGURU's Privacy Policy.
12. General Disclaimer
12.1 The contents of the Sites are provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Sites, including entering into a tenancy agreement for a property advertised on our Site.
12.2 We have no duty to pre-screen content posted on the Sites by users whether directly contributed by the user or contributed by us or a third party on behalf of the user (including, without limitation, property listings, reviews of a property, participation in an interactive community, forum or blog or any other content provided by a user to our Sites).
12.3 You acknowledge that we do not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
12.4 We will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that actual products may differ from what is displayed on the Website.
12.5 Products and services are supplied to you on a strictly “as is” basis and we make no warranties, express or implied, regarding their satisfactory quality, fitness for a particular purpose, reliability, timeliness, accuracy, completeness, security or that they are free from error.
12.6 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
12.7 Links on our website may take you to other websites. The purpose of these links is to provide you with easy access to further information you may need in making your purchase decision or to provide general information. In no circumstances do we make representations about the accuracy of any information contained on any other websites. We exclude all liability for any loss, damage, cost or expense you incur in accessing or attempting to access a third party site.
12.8 You may link to our Website pages, provided you do so in a fair and legal way and at our discretion, is deemed to not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
12.9 If you wish to make any use of content on our Sites other than that set out above, please contact hello@studetguru.com.au
12.10 Subject to this clause, and to the extent permitted by law:
12.11 Use of the Website, the Purchase Services, and any of the products of STUDENTGURU (including the Delivery Services and the free blog content), is at your own risk. Everything on the Website, the Purchase Services, and the Products of ours, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of STUDENTGURU (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of STUDENTGURU) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
13 Limitation of Liability
13.1 STUDENTGURU's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of STUDENTGURU is the resupply of information or Purchase Services to you.
13.2 You expressly understand and agree that STUDENTGURU, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
13.3 We are not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of STUDENTGURU, by third parties or by any of the Purchase Services offered by STUDENTGURU.
13.4 We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.
13.5 You acknowledge that STUDENTGURU does not provide the Delivery Services to you and you agree that STUDENTGURU will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
13.6 Nothing in these Terms of Use is intended to exclude or limit our liability for death or personal injury, or fraud or any other liability which we may not by law exclude or limit
14. Termination of Contract
14.1 The Terms will continue to apply until terminated by either you or by STUDENTGURU as set out below.
14.2 If you want to terminate the Terms, you may do so by:
Your notice should be sent, in writing, to us via email at hello@studentguru.com.au or via the 'Contact Us' link on our homepage.
14.3 STUDENTGURU may at any time, terminate the Terms with you if:
14.4 Subject to local applicable laws, STUDENTGURU reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts STUDENTGURU's name or reputation or violates the rights of those of another party.
14.5 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and STUDENTGURU have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
15 Indemnity
15.1 You agree to indemnify STUDENTGURU, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
16. Dispute Resolution
16.1 Compulsory:
16.2 Notice:
16.3 Resolution:
On receipt of that notice ('Notice ') by that other party, the parties to the Terms ('Parties ') must:
16.4 Confidential
16.5 Termination of Mediation:
17. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
18. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
19. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
Privacy Policy
This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us, offline or online, including through our website at www.studentguru.com.au and all other websites owned and operated by Studentguru that redirects to studentguru.com.au and all subdomains of studentguru.com.au (our “Sites”) . In this Privacy Policy we, us or our means STUDENTGURU PTY LTD (ABN 81 628 634 293).
This Privacy Policy applies to personal information collected by us. The Privacy Policy does not apply to any collection of personal information by third party companies, individuals, organizations or via other websites which the Site may link to. Where third parties collect your personal information their own privacy policies will apply and will have no bearing on this privacy policy.
Personal information
The types of personal information we may collect about you include:
We may collect these types of personal information directly from you or from third parties
Other information we may collect
We may collect traffic data related to your use of and access to our services.
We may provide aggregated statistics about our traffic patterns and other site information to third parties, but these statistics will not include any information that could personally identify you. We use this information along with your preferences to tailor content, services and offers for you.
Collection and use of personal information
We may collect, hold, use and disclose personal information for the following purposes:
To enable you to access and use our Site, associated applications and associated social media platform;
To process your application for an accommodation;
To administer your accommodation;
To process your purchase for OSHC, Mobile Sim plans or any other products/services available on the Site.
To contact and communicate with you;
To process payments
To prevent and detect criminal activity, fraud and misuse of or damage to our property;
To invite you to form part of our consumer panel or research groups;
For internal record keeping and administrative purposes;
For analytics, market research and business development, including to operate and improve our Site, associated applications and associated social media platforms;
To run competitions and/or offer additional benefits to you;
For advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you and
To comply with our legal obligations and resolve any disputes that we may have.
How long do we keep your information
The periods for which we keep your information will vary according to the purpose for which we use the information.
Unless there is a specific legal requirement to keep your information we will not keep it for longer than necessary for the purposes for which the data was collected or for which it is to be further processed.
Disclosure of personal information to third parties
We may disclose personal information to:
By providing us with personal information, you consent to the disclosure of your personal information to third parties who reside outside Australia and acknowledge that we are not required to ensure that those third parties comply with Australian privacy laws.
How we treat personal information that is also sensitive information
Sensitive information is a subset of personal information that is given a higher level of protection under the Australian Privacy Principles. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information. We do not store or collect any such information, and should you have concern in regards to this information being collected on the Site, please do contact us using the details below.
Your rights and controlling your personal information
Choice and consent: Please read this Privacy Policy carefully. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Site or the products and/or services offered on or through it.
Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.
Restrict: You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.
Access: You may request details of the personal information that we hold about you. An administrative fee may be payable for the provision of such information. In certain circumstances, as set out in the Privacy Act 1988 (Cth), we may refuse to provide you with personal information that we hold about you.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.
Complaints: If you believe that we have breached the Australian Privacy Principles and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint.
Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below.
Storage and security
We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
Cookies and web beacons
We may use cookies on our Site from time to time. Cookies are text files placed in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our Site with personal information, this information may be linked to the data stored in the cookie.
We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.
Links to other websites
Our Site may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.
Amendments
We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our Site. We recommend you check our Site regularly to ensure you are aware of our current Privacy Policy.
For any questions or notices, please contact us at:
Email: hello@studentguru.com.au
Last update: 30th October 2019