Website - Terms Of Use.

GUAC – WEBSITE TERMS OF USE This website (Site) is operated by Guac (we, our or us). It is available at: http://www.guactutor.com and may be available through other addresses or channels. Consent By accessing and/or using our Site, you agree to these terms of use (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them. Variations We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date. License to use our Site We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable license to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent. Prohibited conduct You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation): • anything that would constitute a breach of an individuals privacy (including uploading private or personal information without an individual's consent) or any other legal rights • using our Site to defame, harass, threaten, menace or offend any person • interfering with any user using our Site • tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site • using our Site to send unsolicited email messages • facilitating or assisting a third party to do any of the above acts Exclusion of competitors You are prohibited from using our Site, including the Content, in any way that competes with our business. No commercial use Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a license to do so from us. Information The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law. Intellectual Property rights Unless otherwise indicated, we own or license all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not: • copy or use, in whole or in part, any Content • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party • breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content User Content You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site. You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that: • you are either the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms) • neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content. Third party sites Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites. Discontinuance We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion. Warranties and disclaimers To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that: • they are complete, accurate, reliable, up-to-date and suitable for any particular purpose • access will be uninterrupted, error-free or free from viruses • our Site will be secure You read, use and act on our Site and the Content at your own risk. Limitation of liability To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date. Indemnity To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms. Termination These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive. Disputes In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation. Severance If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms. Jurisdiction Your use of our Site and these Terms are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site. Changes We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 (change this) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Contact Us If you have any questions about these Terms, please contact us. By email: developer@guactutor.com Last update: 27 February 2019

Application - Terms Of Use.

GUAC – APPLICATION TERMS OF USE Please read these Terms and Conditions carefully (“Terms”, “Terms and Conditions”) carefully before using Guac Tutoring mobile application (“App”) operated by Guac (“us”, “we”, or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, user and other who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service. Purchases/subscriptions If you wish to purchase any service made available through Guac, you may be asked to supply certain information relevant to your Purchase. Some parts of the Service are billed on a subscription basis. You will be billed in advance on a recurring monthly basis. User representations By using the App, you represent and warrant that: [(1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary;] (3) you have the legal capacity and you agree to comply with these Terms of Use; [(4) you are not under the age of 13;] or if under the age of 13, you have received parental permission to use the App; (6) you will not access the App through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the App for any illegal or unauthorized purpose; and (8) your use of the App will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof). User registration You may be required to register with the App. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. Prohibited activities You may not access or use the App for any purpose other than that for which we make the App available. The App may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the App, you agree not to: 1. systematically retrieve data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. 2. make any unauthorized use of the App, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. 3. use a buying agent or purchasing agent to make purchases on the App. 4. use the App to advertise or offer to sell goods and services. 5. circumvent, disable, or otherwise interfere with security-related features of the App, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the App and/or the Content contained therein. 6. engage in unauthorized framing of or linking to the App. 7. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords; 8. make improper use of our support services or submit false reports of abuse or misconduct. 9. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. 10. interfere with, disrupt, or create an undue burden on the App or the networks or services connected to the App. 11. attempt to impersonate another user or person or use the username of another user. 12. sell or otherwise transfer your profile. 13. use any information obtained from the App in order to harass, abuse, or harm another person. 14. use the App as part of any effort to compete with us or otherwise use the App and/or the Content for any revenue-generating endeavor or commercial enterprise. 15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the App. 16. attempt to bypass any measures of the App designed to prevent or restrict access to the App, or any portion of the App. 17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the App to you. 18. delete the copyright or other proprietary rights notice from any Content. 19. copy or adapt the App’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. 20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the App or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the App. 21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). 22. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the App, or using or launching any unauthorized script or other software. 23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the App. 24. use the App in a manner inconsistent with any applicable laws or regulations. 25. defame, harass, abuse, threaten or defraud Users of the Website, or collect, or attempt to collect, personal information about Users or third parties without their consent; Limitations of liability In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the App, even if we have been advised of the possibility of such damages. Guac has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party services. You further acknowledge and agree that Guac shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such services. Intellectual property rights Unless otherwise indicated, the App is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Australia, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the App “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the App, you are granted a limited license to access and use the App and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the App, Content and the Marks. Term and termination These Terms of Use shall remain in full force and effect while you use the App. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the App (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the App or delete [your account and] any content or information that you posted at any time, without warning, in our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Governing law These Terms of Use and your use of the App are governed by and construed in accordance with the laws of the State of Victoria applicable to agreements made and to be entirely performed within the Commonwealth of Australia, without regard to its conflict of law principles. Changes We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 (change this) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Contact Us If you have any questions about these Terms, please contact us. Email: developer@guactutor.com Last update: 27 February 2019

Application - Privacy Policy.

GUAC – APPLICATION PRIVACY POLICY Last Updated: March 03, 2019 Guac ("us", "we", or "our") operates the Guac mobile application (hereinafter referred to as the "Service"). This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data. We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions. Definition Service Service is the Guac mobile application operated by Guac Personal data Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession). Usage data Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit). Cookies Cookies are small files stored on your device (computer or mobile device). Information collection and use We collect several different types of information for various purposes to provide and improve our Service to you. Types of data collected Personal data While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to: • Email address • First name and last name • Phone number • Cookies and Usage Data Usage data When you access the Service by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data ("Usage Data"). Tracking cookies data We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service. Examples of Cookies we use: • Session cookies. We use Session Cookies to operate our Service. • Preference cookies. We use Preference Cookies to remember your preferences and various settings. • Security cookies. We use Security Cookies for security purposes. Use of data Guac uses the collected data for various purposes: • To provide and maintain the Service • To notify you about changes to our Service • To allow you to participate in interactive features of our Service when you choose to do so • To provide customer care and support • To provide analysis or valuable information so that we can improve the Service • To monitor the usage of the Service • To detect, prevent and address technical issues Transfer of data Your information, including Personal Data, may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. If you are located outside Australia and choose to provide information to us, please note that we transfer the data, including Personal Data, to Australia and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. Guac will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information. Disclosure of data Legal requirements Guac may disclose your Personal Data in the good faith belief that such action is necessary to: • To comply with a legal obligation • To protect and defend the rights or property of Guac • To prevent or investigate possible wrongdoing in connection with the Service • To protect the personal safety of users of the Service or the public • To protect against legal liability Security of data The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security. Service providers We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analysing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. Analytics We may use third-party Service Providers to monitor and analyse the use of our Service. Firebase Firebase is a web analytics service. Read the Privacy Policy for Firebase here: https://firebase.google.com/terms/ Links to other sites Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services. Children's privacy Our Service does not permit children under the age of 13 (a “Child” or “Children”) to create an account without the consent and at the direction of a Parent or School. Please contact us at developer@guactutor.com if you believe we have inadvertently collected information from a child under 13 without parental consent so that we may delete the information as soon as possible. Children under 13 may create an account with the parent’s consent. We collect a username, birthdate, and Parent’s email address when a Child User registers for the Service, as well as any other personal information a Parent adds to a Child User’s account. We collect information about the Child User’s use of the Service as well as content the Child posts to the Service if such functionality is enabled by the Parent. We also collect usage and device information, as described in our Privacy Policy. We use the Parent’s email address to communicate messages about the account. Parents may provide consent for a Child User to use the Service by responding affirmatively to an email sent by Guac to the Parent’s email address provided by the Child User during registration. If we do not receive consent from the Parent within seven (7) days, the Child User’s account will be terminated and the Child’s personal information is deleted from our systems. When Guac is used by a School in an educational setting, we may rely on the School to provide the requisite consent for Guac to collect information from a School User under the age of 13, in lieu of parental consent. Changes to this privacy policy We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page. Contact us If you have any questions about this Privacy Policy, please contact us. By email: developer@guactutor.com