Terms of Service
These Terms of Service ("Terms") govern your access to and use of the services, websites, and applications (the "Service") offered by Gurulab Sdn. Bhd. (“Gurulab”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms or our Privacy Policy. By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms, including any future modifications. Gurulab may amend, update or change these Terms. If you do not agree to be bound by these Terms, you are not authorised to use, access or participate in the Service.
As Gurulab evolves, our Terms will need to evolve as well to govern new scenarios and environments. Any revisions to these Terms shall become effective on the date they are posted on www.mygurulab.com or in the Service. You are advised to review these Terms regularly for any changes, as continued use is deemed approval of all changes.
1. The Service
1.1 The role of Gurulab is limited to providing the Service, including preparing and publishing learning content, arranging and administering tutoring sessions, providing a technology platform to manage interactions between Gurulab, the tutors and the users, and other educational services related to the above.
2. Use of the Service
2.1 You may use the Service only if you can form a binding contract with Gurulab, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You must provide us with accurate information, including your real name, when you create your account on the Service.
2.2 Gurulab may, in its sole discretion, without prior notice, and at any time, update, change, suspend, make improvements to, create usage limits for, or discontinue any aspect of the Service, temporarily or permanently.
2.3 You represent that you are over the age of thirteen (13) years old. If you are over thirteen, but under the legal age of majority, your parent or legal guardian is deemed, by your use of our services, to have consented to these Terms and the Privacy Policy and agreed to bear all legal and financial responsibility and liability for the actions of, any child between the age of 13 and majority, and expressly ratified and confirmed any acts of any such child and all users of the account.
2.4 Your use of the Service is solely for your personal and non-commercial use. Any use of the Service or their contents other than for personal purposes is prohibited, and Gurulab will take legal actions against such use.
2.5 You are responsible for cooperating with Gurulab’s support team or authorised personnel to perform non-technical or technical investigations to resolve issues reported by you, your parent or legal guardian.
2.6 It is mandatory to use our web platform and mobile application to access any of our Services at all times.
2.7 Use of the Service requires one or more compatible devices, internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Since the use of the Services involves hardware, software, and internet access, your ability to access and use the Service may be affected by the performance of these factors. High speed internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility, and that poor experience of our Service due to poor internet connection is not Gurulab’s responsibility.
2.8 You may not derive or attempt to derive the source code of all or any portion of any app, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any app or any part thereof. Gurulab and its licensors own and shall retain all intellectual property rights and other rights in and to the app, and any changes, modifications, or corrections thereto.
3. Accessing the Service
3.1 You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password.
3.2 If you know or suspect that persons other than you have knowledge of your Account details or password, you must promptly notify us at hello@mygurulab.com
3.3 Additional terms, policies and legal notices may be communicated to you through your Account and you are advised to ensure you are aware of and up to date on all such information.
4. Content
4.1 The Service provides access to compiled educational information and related sources. Such information is provided on an “as-is” basis and we assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall not be liable to update or ensure continuity of such information contained on the Service. We would not be responsible for any errors, which might appear in such information and may be compiled from or contain references to third party sources or for any unavailability of such information.
4.2 In the preparation of the Service and contents therein, every effort has been made to offer the most current, accurate, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but not limited to, Gurulab disclaims any responsibility for any erroneous and inaccurate information that may be contained in the Service. Any feedback from you is most welcome to make the Service better and error free. To submit a feedback, kindly send an email to hello@mygurulab.com.
4.3 Gurulab also reserves the right and discretion to make any changes or corrections or withdrawal or addition of content at any time without notice. Neither Gurulab nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered in the Service for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
4.4 From time to time the Service may also include links and/or refer to other websites, sources and materials. These are provided for your convenience to provide further information. They do not signify that we endorse the website(s) and/or any additional resources. We have no responsibility for the accuracy, completeness or suitability of the content, and any additional resources, of these websites and/or any additional sources.
4.5 The contents of the Service are developed based on Common European Framework of Reference for Languages (CEFR). The usage of the Service is not endorsed as a substitution to the curriculum-based education provided by educational institutions but is intended to supplement the same by explaining, elaborating and presenting the concepts in a manner enabling that facilitates better understanding and engagement. Gurulab’s contents do not strictly follow the syllabus prescribed by the Ministry of Education (MOE) and should not be interpreted as such.
4.6 Gurulab acknowledges that there are various means of delivering learning items and achieving learning objectives in our programmes, and inclusion of methods in the Service does not imply endorsement of any particular methodology nor exclusion imply disapproval. Subscription to the Service or usage of the Service does not in any manner guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations.
4.7 Certain contents in the Service may contain opinions and views. Gurulab shall not be responsible for such opinions or any claims resulting from them. Further, Gurulab makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information.
5 Conduct of Tutoring Sessions
5.1 Tutoring sessions shall be conducted by one (1) Tutor in compliance with the terms of the respective Agreement entered into between us and the relevant parties as well as any other codes of conduct that may be applicable. The person attending the tutoring sessions shall be referred to as “The Students”.
5.2 The Students will conduct themselves during tutoring sessions in accordance with the following terms and any other codes of conduct that may be applicable.
5.2.1. All students should respect all copyright laws
5.2.2. All students should respect the personal information and privacy of others
5.2.3. All students should be active and engaged in the learning programmes
5.2.4. All students should obey directions from tutors and staff from GuruLab
5.2.5. All students should complete all assignments and work in a timely and thorough manner
5.2.6. All students must not engage in bullying or aggressive behaviour
5.2.7. All students must not threaten or intimidate others
5.2.8. All students must not engage in behaviours motivated by hate or bias
5.2.9. All students must not create a disturbance which interrupts or disquiets the proceedings of classes or any learning environment
5.2.10. All students must not share login credentials with anyone else
5.2.11. All students must not knowingly upload any file or program that contains a virus, malware or other malicious code
5.2.12. All students must not use anyone else’s login account
5.2.13. All students must not type, write, use, send, display or verbalise any information that is hostile, insulting to others, obscene, threatening, or otherwise offensive.
5.3 The Student is prohibited from making any private arrangement with a Tutor, in respect of the provision of educational services. All communication & payments between a Tutor and the Student, Parent or Legal Guardian must only take place through Gurulab.
5.4 Should a dispute arise between a Tutor and the Student, Parent or Legal Guardian, we will do the utmost possible to achieve a satisfactory solution of the issue in dispute, but cannot be held responsible for any such issue or for a failure to achieve a solution.
5.5 Gurulab shall not be held liable for the actions, statements or misrepresentations of the Tutors unless otherwise stipulated or agreed upon.
5.6 We reserve the right to, at any time for any reason, change the Tutor assigned to a class attended by the Student.
6. Submitted Content
6.1 "Submitted Content" means any information, text, graphics or other materials submitted, posted, displayed or otherwise made available on the Service by users. You retain ownership of all Submitted Content you submit, post, display, or otherwise make available on the Service.
6.2 By submitting, posting or displaying Submitted Content on or through the Service, you agree that all Submitted Content that you contribute is perpetually and irrevocably licensed to us. You grant us the worldwide, non-exclusive, perpetual, royalty-free, and irrevocable right and license to use, copy, cache, publish, reproduce, process, adapt, display, distribute, transmit, modify, create derivative works and store such Submitted Content and to allow others to do so in any medium now known or hereafter developed (“Content License”) in order to provide the Services, even if such Submitted Content has been contributed and subsequently removed by you. Your Submitted Content will be viewable by other users of the Service and through third party services and websites. You should only provide Submitted Content that you are comfortable sharing with others under these Terms.
6.3 By uploading Submitted Content to the site, you warrant, represent and agree that you have the right to grant Gurulab the license described above. You also represent, warrant and agree that you will not contribute any Submitted Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner's permission to disclose it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (f) contains other people's private or personally identifiable information without their express authorization and permission, and/or (g) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. Gurulab reserves the right in its discretion to remove any Submitted Content from the Site, re-post any Submitted Content removed, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law, for any reason or for no reason at all.
6.4 In exercising these rights, you may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by Gurulab, or any Gurulab user of you or your use of the Submitted Content, without the separate, express prior written permission of Grurulab or the applicable Gurulab user.
6.5 All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service. Any use of or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service.
6.6 You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will Gurulab be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service or broadcast elsewhere
6.7 You are responsible for your use of the Service, for any Submitted Content you provide, and for any consequences thereof, including the use of your Submitted Content by other users and third-party partners. You understand that your Submitted Content may be republished and if you do not have the right to submit Submitted Content for such use, it may subject you to liability. Gurulab will not be responsible or liable for any use of your Submitted Content by Gurulab in accordance with these Terms.
6.8 We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Submitted Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations thereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Gurulab, its users and the public.
7. Rules
7.1 You must not do any of the following while accessing or using the Service:
7.1.1. Use the Service for any unlawful purposes or for promotion of illegal activities;
7.1.2. Upload or post any Submitted Content (as defined above) in violation of the provisions contained in the "License to Gurulab" section of these Terms;
7.1.3. Use the Service for the purpose of spamming anyone;
7.1.4. Access or tamper with non-public areas of the Service, Gurulab’s computer systems, or the technical delivery systems of Gurulab’s providers;
7.1.5. Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
7.1.6. Access or search or attempt to access or search the Service using robots, crawlers, or other automated means except as expressly permitted in these Terms;
7.1.7. Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
7.1.8. Interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Submitted Content in such a manner as to interfere with or create an undue burden on the Service.
8. Proprietary Rights
8.1 All right, title and interest in and to the Service (excluding Submitted Content provided by users) are and will remain the exclusive property of Gurulab and its licensors. The Service is protected by copyright, trademark, and other laws of both Malaysia and foreign countries.
8.2 Except as mentioned herein, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Service are the proprietary property of Gurulab (“Proprietary Information”).
8.3 Except as otherwise stated herein, you shall not use the Gurulab name or any of the Gurulab trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
8.4 No Proprietary Information may be copied, downloaded, reproduced, modified, republished, or distributed in any way without obtaining prior written permission from Gurulab and nothing on the Service shall be deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to Gurulab, to you.
8.5 You may own the medium on which the information, content or materials resides, but Gurulab shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by Gurulab on such medium.
8.6 Certain contents on the Service may belong to third parties. Such contents have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and you are not permitted to use the same without the consent of the respective third party.
8.7 The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising by Gurulab on the Service are subject to change. In consideration for Guurlab granting you access to and use of the Service, you agree that Gurulab and its third-party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.
9. Take-Down Notice
9.1 If you are a copyright owner or an agent thereof and believe that any material on mygurulab.com infringes Your copyrights, You may submit a notification pursuant to the Copyright Act by providing our Designated Agent with the following information in writing: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (providing a URL in the content of an email is the best way to help us locate content quickly); (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorised to act on behalf of the copyright owner.
Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding Content appearing on the Service is:
Gurulab Sdn. Bhd.
238, Menara Permata Damansara (Oval Damansara)
No. 685, Jalan Damansara
60000 Kuala Lumpur W.P. Kuala Lumpur
Email: hello@mygurulab.com
9.2 You acknowledge that if you fail to comply with all of the requirements above, your legal notice may not be valid and not be acknowledged.
9.3 We will process and investigate valid notices of alleged infringement and will take appropriate actions under the Malaysian copyright law and other applicable intellectual property laws. We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, Gurulab will also terminate a user's account if the user is determined to be a repeat infringer.
9.4 Upon receipt of copyright notices, we will act expeditiously to remove or disable access to any material claimed to be infringed or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to his/her material.
10. Disclaimers; Indemnity
10.1 Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an "as-is" and "as-available" basis. Without limiting the foregoing, Gurulab and its partners disclaim any warranties, express or implied, of merchantability, fitness for a particular purpose, or non-infringement. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any Content thereon. Gurulab will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that Gurulab has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Gurulab or through the Service, will create any warranty not expressly made herein.
10.2 To the maximum extent permitted by applicable law, Gurulab and its affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including loss of profits, data, use, good-will, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the service; (ii) any conduct or content of any third party on the service, including any defamatory, offensive or illegal conduct of other users or third-parties; (iii) any content obtained from the service; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Gurulab has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
10.3 Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
10.4 If anyone brings a claim against us related to your actions or Content on the Service, or actions or Content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
11. General Terms
11.1 These Terms and any action related thereto will be governed by the Malaysian laws without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Service will be brought solely in Malaysia, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. Nothing herein prohibits or hinders Gurulab from bringing an action in any jurisdiction for injunctive or other preliminary relief.
11.2 These Terms are the entire and exclusive agreement between Gurulab and you regarding the Service (excluding any services for which you have a separate agreement with Gurulab that is explicitly in addition to or in place of these Terms), and these Terms supersede and replace any prior agreements between Gurulab and you regarding the Service.
11.3 The failure of Gurulab to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
11.4 The Service is operated and provided by Gurulab Sdn. Bhd., 238, Menara Permata Damansara (Oval Damansara), No. 685, Jalan Damansara, 60000 Kuala Lumpur W.P. Kuala Lumpur. If you have questions about these Terms, please contact us at hello@mygurulab.com.
Last Updated: 10th Nov 2022