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HiiGuru Terms of Use

1. Introduction

Welcome to HiiGuru! HiiGuru platform is operated and governed by HiiGuru Ltd (Company number: 13269197). By using our platform, you agree to these Terms of Use ("Terms"). These Terms govern your access to and use of the HiiGuru platform, including any content, functionality, and services offered on or through the HiiGuru platform, whether you are a Customer, Expert, or another user. Please read these Terms carefully before using this site.

 

2. Definitions

  • "Customer/Customers": Refers to individuals or entities who seek to hire Experts for specific tasks or services.

  • “Deliverable”: refers to the service, material, sketch or design, document, video or audio call, or any other item or service purchase by the Customer. 

  • "Expert/Experts": Refers to individuals or entities offering services through the HiiGuru platform.

  • "HiiGuru": refers to HiiGuru Ltd as well as the platform it operates through websites and mobile apps.

  • "Fixed-Price Service": Refers to the specific tasks or projects offered by Experts and purchased by Customers through the HiiGuru platform.

  • "Custom Service Agreement(s)": Refers to a tailored agreement negotiated between a Customer and Expert for services not covered by Fixed-Price Services on the HiiGuru platform.

 

3. General Terms for All Services

3.1 Independent Contractor Relationship

  • Experts as Independent Contractors: Experts are independent contractors and are not employees of HiiGuru. Experts are responsible for their own taxes, insurance, and other legal obligations related to self-employment.

  • No Employer-Employee Relationship: The relationship between the Customer and Expert is not an employer-employee relationship. Experts have control over how they deliver services as long as they meet the quality standards set by HiiGuru.

3.2 HiiGuru as an Intermediary

  • Platform Role: HiiGuru acts solely as an intermediary to connect Customers with Experts and facilitate the formation and management of service contracts. HiiGuru is an online platform that links Customers seeking home improvement and renovation services with Experts, who are independent workers looking for project-based opportunities. HiiGuru provides the tools necessary for communication, contract management, and payment processing.

  • No Control Over Work: HiiGuru does not control or direct the work performed by Experts. All details related to project execution, deliverables, and quality control are managed directly between the Customer and the Expert.

  • No Guarantees: HiiGuru makes no guarantees, representations or warranties as to the quality, accuracy, suitability, completeness, reliability, safety, legality, continuity or availability of the Experts’ services and other information or content contained on this platform or other websites accessed via external links and you will not rely in any way on the quality, accuracy, suitability, completeness, reliability, safety, legality, continuity or availability of any such services, information or content.

3.3 Confidentiality, Privacy and Intellectual Property

  • Confidential Information: Both Customers and Experts agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of their project. Confidential information may only be used for the purpose of fulfilling the obligations under the Fixed-Price Service or Custom Service Agreement. If HiiGuru wishes to use any confidential information for marketing purposes, it will seek explicit permission from both the Customer and the Expert before doing so.

  • Privacy and Use of Information: Both Customers and Experts agree that HiiGuru may collect, store and use information about them in accordance with HiiGuru Privacy Policy, the current version of which is available on this website. They acknowledge and agree to be bound by the terms of the Privacy Policy. https://www.page.hiiguru.com/privacy-policy 

  • Ownership of Work Product and Commercial Usage: 

  1. Ownership of any intellectual property or work product created during the project is divided as follows:, unless otherwise specified in the Fixed-Price Service terms or Custom Service Agreement: 

    1. HiiGuru: Retains the right to use, modify, and distribute the material created during provision of services by Expert for branding, promotional, or internal purposes. HiiGuru also reserves the right to place a watermark or logo on visual work products unless otherwise agreed.

    2. Expert: Retains ownership of the underlying creative rights to the work, including any methods, processes, or tools used in its creation.

    3. Customer: Gains the right to use the work product for personal or non-commercial purposes. Commercial usage is subject to specific terms outlined below.

 

  1. Branding and Attribution:

    1. Any visual work product provided to the Customer for personal or commercial use will display the HiiGuru logo or watermark, unless the Customer has purchased a membership or license allowing its removal.

    2. If the work product is modified by the Customer, the Expert is not liable for any issues arising from such modifications.

 

  1. Commercial Usage of Work Product:

    1. The Customer is permitted to use the work product for commercial purposes only if they obtain the appropriate license from HiiGuru. This includes the removal of the HiiGuru logo or watermark, where applicable.

    2. Without such a license, the Customer may not use the work product for profit, including selling, redistributing, or commercially exploiting the work in any form.

 

  1. Expert Liability: The Expert is not responsible for any issues arising from the modification or misuse of the work product by the Customer for commercial purposes.

 

3.4 Your Authorisation and Your Trademark Licence

  • Your Authorisation and Your Trademark Licence: Your authorisation and your trademark licence will be void/automatically revoked from the outset where any law in any applicable jurisdiction prohibits your viewing, contributing to, using, linking to, reproducing or otherwise referring to the HiiGuru services and/or this website.

3.5 Account Suspension or Termination

  • Account Suspension or Termination: HiiGuru reserves the right to suspend or terminate the accounts of Customers or Experts who violate these Terms or engage in behavior that undermines the integrity of the platform. 

3.6 Liability and Indemnification

  • Limited Liability: HiiGuru's liability to any user is limited to access to HiiGuru platform, collection of fees  for services to be provided by the Experts. HiiGuru is not liable for any indirect, incidental, or consequential damages arising from the use of the platform. To the fullest extent permitted by any applicable laws, HiiGuru hereby excludes liability for any claim, loss, demand or damage of any kind whatsoever in connection with or related to this website, the HiiGuru services and/or websites accessed via external links (whether arising in contract, tort, negligence, under statute or otherwise) including (without limitation) any indirect, incidental or consequential loss or damages, whether arising from loss of profits, loss of revenue, loss of data, loss of use, or otherwise and whether or not the possibility of such loss has been notified to or is apparent to HiiGuru. Further, HiiGuru is not responsible for the services supplied by the Experts as these are governed by separate agreements between the Customer and the Expert. 

  • Indemnification: Users agree to indemnify and hold harmless HiiGuru against any liabilities, losses, claims, damages, legal costs, professional and other expenses of any nature whatsoever due to or arising out of their viewing, contributing to, using, linking to, reproducing or otherwise referring to this website and the HiiGuru services, any breach of these Terms, or violation of any rights of third parties by they, or any third part using their account (whether authorised or not), of any intellectual property or other rights of any person or entity.

3.7 Prohibited Uses

  • Prohibited Uses: Both Customers and Experts agree that they will not, directly or indirectly, without HiiGuru’s prior written consent:, 

  1. Sell or resell any of HiiGuru’s services, or offer them for sale;

  2. Copy, modify, adapt, translate, or reverse engineer any part of the platform or its services;

  3. Access, retrieve, index, or use any portion of the platform or services for:

    1. Competing with the platform or its services, or

    2. Building, populating, or cross-checking any databases, directories, customer lists, or mailing lists, except for personal, non-commercial purposes.

  4. Access, retrieve, or use any part of the platform or services by automated means, except for indexing the platform's content for search engine use.

  5. Take any action to interfere with, interrupt, damage, hinder, modify, or gain unauthorised access to the platform or its services, or otherwise restrict or inhibit any other user from using and enjoying the platform.

 

4. Fixed-Price Services

4.1 Scope of Work

  • Scope of Work: The scope of work for Fixed-Price Services is clearly outlined on the specific service page on the HiiGuru website. This defines the tasks to be performed and the deliverables to be provided by the Expert.

  • Service Fee: The agreed amount for the Fixed-Price Services is displayed on the specific service page on the HiiGuru website. This fee is fixed and covers the entire scope of work as described including any fees of HiiGuru.

4.2 Service Terms and Customer Agreement

  • Customer Agreement: When a Customer purchases a Fixed-Price Service, the Customer and Expert enter into an agreement on the terms and scope of work outlined on the relevant service page of the platform. This agreement is automatically established when the Customer completes the purchase, and it governs the relationship between the Customer and the Expert.

  • HiiGuru's Role: HiiGuru on its platform outlines the scope of work, timelines, and deliverables for Fixed-Price Services by the Expert and provides these details on the service page. While HiiGuru facilitates the connection between the Customer and the Expert and supports the service process, the agreement is between the Customer and the Expert. For the avoidance of doubt, HiiGuru does not employ the Experts nor subcontract the services. HiiGuru acts solely as a platform that connects Customers with Experts. HiiGuru is not a party to this contract and has no legal standing in respect of it.

 

4.3 Payment and Release of Funds

  • Payment Process: Upon purchasing a Fixed-Price Service, the Customer’s payment is collected by HiiGuru and held in a secure account until the Fixed-Price Service is completed.

  • Service Charge: HiiGuru takes a service charge, which is deducted from the payment made by the Customer before funds are released to the Expert.

  • Release of Funds: Funds are released to the Expert when the Customer approves the completion of the Fixed-Price Service or when the agreed time period for the Fixed-Price Service comes to an end, whichever occurs first. If the Customer does not approve nor dispute the Fixed-Price Service within the specified timeframe, HiiGuru may automatically release the funds to the Expert.

4.4 Revisions

  • Revisions Policy: The number of revisions allowed for a Fixed-Price Service is specified on the service page on the HiiGuru website. Any revisions must be within the scope of work as defined, and requests for revisions outside of the scope may incur additional charges or require a new Fixed-Price Service purchase.

4.5 HiiGuru Guarantee and Refunds

  • Video Call Services: HiiGuru offers a satisfaction guarantee for video call services. If a Customer is dissatisfied, or if technical issues such as internet disruptions occur during the call, HiiGuru may arrange a replacement video call with the same or an alternative Expert. HiiGuru does not offer refunds for services, however, it may do so at its absolute and final discretion. Requests for replacement services  must be submitted within 30 days of the service completion.

4.6 Project Completion

  • Final Deliverable: The final deliverable should, to the possible extent, meet all reasonable specifications outlined on the service page. Once the deliverable is provided, the Customer is responsible for reviewing and approving the work within the agreed timeframe. Approval triggers the release of payment to the Expert.

  • Automatic Approval: If the Customer does not approve nor dispute the deliverable within the specified time period, the Fixed-Price Service will be automatically deemed complete, and the funds will be released to the Expert.

4.7 Non-Compliance

  • Non-Compliance: If a Expert fails to deliver the Fixed-Price Service as outlined on the service page, HiiGuru reserves the right to withhold payment, issue a refund at its absolute and sole discretion, or take other appropriate action as part of the process outlined in our FAQs.

4.8 Multi-Purchased Advice Calls

  • Availability: Multi-purchased advice calls are subject to the availability of the Expert. 

 

5. Custom Service Agreements

5.1 Scope of Work

  • Custom Service Agreements: For Custom Service Agreements, including both remote and in-person services, the scope of work, deliverables, milestones, and deadlines are negotiated and agreed upon by the Customer and Expert through the HiiGuru platform. These terms are tailored to the specific needs of the project and must be clearly outlined in the agreement. For in-person services, additional details such as location, duration, and on-site requirements must also be specified.

  • Service Fee: The service fee for Custom Service Agreements is determined based on the negotiated agreement between the Customer and Expert. This fee covers the work as defined in the Custom Service Agreement and must be agreed upon before the project begins.

5.2 Custom Service Agreements Between Customers and Experts

  • Direct Agreement: When a Customer and Expert agree to collaborate on a custom project, they enter into a Custom Service Agreement directly between them. The terms of the Custom Service Agreement, including scope, timelines, payment milestones, and deliverables, are negotiated and agreed upon by the Customer and the Expert.

  • HiiGuru's Role: HiiGuru facilitates the creation and execution of the Custom Service Agreement through its platform, providing the necessary tools and support but is not a party to the agreement. The Expert must have a signed Expert agreement with HiiGuru before entering into any Custom Service Agreement. For Custom Service Agreements, the Expert defines the scope of work and terms, while HiiGuru supports the process by providing the platform for agreement, communication and payment.

5.3 Payment and Release of Funds

  • Payment Process: Customers make payments to HiiGuru, which holds the funds in a secure account until the agreed milestones or deliverables are met. For in-person services, payment may also include considerations for on-site work and logistics, subject to the Custom Service Agreement between Customer and Expert.

  • Service Charge: HiiGuru takes a service charge, which is deducted from the payment made by the Customer before funds are released to the Expert.

  • Release of Funds: Subject to the Expert agreement between HiiGuru Ltd and the Expert, funds for each milestone are released to the Expert when the Customer approves the milestone deliverable or indicates/instructs continuation of services. If the Customer fails to approve or dispute the milestone within the specified timeframe, HiiGuru may automatically release the funds to the Expert.

5.4 Revisions

  • Revisions Policy: The number of revisions allowed for each milestone or deliverable is negotiated and specified in the Custom Service Agreement. Revisions must be within the original scope of work, and any changes to the scope may require renegotiation of the terms and additional payment.

5.5 Cancellation and Refunds

  • Cancellation by Customer: If the Customer wishes to cancel a Custom Service Agreement before its completion, they may do so according to the cancellation terms outlined in the agreement. For in-person services, the cancellation terms may also address logistical considerations such as on-site arrangements. Refunds for canceled agreements will be handled based on the guidelines specified in the agreement.

  • Refunds: Refunds for Custom Service Agreements are processed based on the terms outlined in the agreement and may be subject to deductions for work already performed or costs incurred. For in-person services, refunds may also account for any non-refundable expenses related to on-site work.

5.6 Project Completion

  • Completion and Approval: Unless otherwise stated in the terms of supply of Fixed-Price Services or the Custom Service Agreement,  the project is deemed complete when all deliverables specified in the Custom Service Agreement are provided and approved by the Customer. For in-person services, this may include physical verification or on-site inspection of the deliverables.  The Expert is responsible for delivering work that meets the agreed-upon standards and specifications.

  • Automatic Approval: If the Customer does not provide feedback or approve the Deliverable within the specified timeframe, the project may be considered complete, and payment will be released to the Expert.

5.7 Non-Compliance

  • Non-Compliance: If an Expert fails to meet the terms of the Custom Service Agreement, the Customer should first seek resolution directly with the Expert. HiiGuru’s role is limited to providing assistance and facilitating communication between the parties, and HiiGuru is not responsible or liable for any disputes, damages, or non-compliance issues arising from the agreement. In the event of a dispute, both Customers and ExpertExperts agree to follow the Dispute Resolution Procedure outlined in these Terms.

     5.8 Restriction on Protection of Business 

  • Neither the Expert nor the Customer may ask, initiate, engage or otherwise deal with directly between each other outside of HiiGuru platform, unless explicitly agreed by HiiGuru. Any violation of this clause shall cause penalties in the sum equivalent to loss of business and future opportunities for the platform calculated at the rates applicable at the relevant time and calculated by the platform at their sole and absolute discretion. 

 

6. Rescheduling, Late Arrivals, and No-Shows

This section pertains exclusively to the Fixed-Price Services that are outlined on the HiiGuru website and service pages. It does not apply to Custom Service Agreements, which may have different terms.

6.1 Rescheduling

  • Rescheduling Policy: Customers may reschedule a service session by providing notice at least 24 hours before the scheduled time. Rescheduling requests made less than 24 hours in advance may incur a fee or be denied at the Expert’s discretion. HiiGuru reserves the right to approve or deny the request based on the Expert's availability and policies.

6.2 Late Arrivals

  • Late Arrival Policy: If a Customer is late for a scheduled session, the session may still proceed but may end at the originally scheduled time. This ensures that subsequent sessions are not affected.

  • Grace Period: A grace period of 10 minutes may be provided for late arrivals. After this period, the session may be forfeited, and no refunds or extensions will be provided, as determined by the Expert.

6.3 No-Shows

  • No-Show Policy: If a Customer fails to show up for a scheduled session without providing notice at least 2 hours in advance, the session may be forfeited. The Customer may not be entitled to a refund, and rescheduling or any other remedy will be at the Expert’s and/or HiiGuru’s discretion.

7. Additional Terms for Experts

  1. Expert’s Content

  • Expert Responsibility: Experts acknowledge that they are solely responsible for all posts, content, information, and any other material they submit, publish, display, insert, transmit, upload, distribute, or disseminate on this platform. They guarantee that their content is genuine, honest, decent, and, to the best of their knowledge and belief, true and accurate. Experts also irrevocably and unconditionally warrant that they are the sole, unencumbered author, owner, or holder of a valid and sufficient license for all rights, titles, and interests (including intellectual property rights) in their content, or that they have obtained all necessary permissions and authorisations related to their content.

  • Expert’s Content: Experts must ensure that their content does not (and they irrevocably and unconditionally warrant that they will not): 

  1. Infringe, misuse, or violate the intellectual property, confidentiality, privacy, proprietary rights, or any other rights of any party, or breach any fiduciary duties owed by the Expert;

  2. Promote, encourage, or involve illegal activities.;

  3. Be defamatory, libelous, invasive of privacy, false, tortious, misleading, offensive, racist, ethnically or religiously biased, discriminatory, malicious, infringing, obscene, indecent, pornographic, threatening, abusive, or otherwise unlawful;

  4. Harm or pose a threat to minors in any way;

  5. Disclose any personal data of a third party without explicit authorisation from that party; or

  6. Advertise or offer goods or services for commercial purposes, except in designated areas of the website intended for such activities. Additionally, Experts are not permitted to include any external links in their content.

  • Content License Granted by Experts: Experts guarantee that they have the authority to grant HiiGuru a non-exclusive, irrevocable, perpetual, royalty-free, fully paid, worldwide licence. This licence allows HiiGuru to use, copy, modify, delete, adapt, publish, translate, reproduce, publicly display, and distribute their content, in whole or in part, both online and offline. Additionally, HiiGuru has the right to create derivative works from the content or incorporate it into other works, whether online or offline.

 

8. Disputes between Customers and Experts

8.1 Dispute Resolution Procedure

  • In the event of a dispute arising between the Customer and the Expert, the following dispute resolution process shall apply:

  1. Customer Complaint: If a Customer raises a complaint regarding the Expert's services through the platform, HiiGuru shall review the complaint and investigate the matter.

  2. Platform Decision: The Company, at its sole discretion, shall determine the resolution of the dispute based on the information and evidence provided by the Customer and the Expert. The Platform Decision shall be final and binding on both parties.

  3. Expert Compensation: If the Company finds that the Expert is at fault or has not fulfilled their obligations, the Company reserves the right to withhold or reduce the Expert's compensation for the specific job in question, as determined by the Company.

  • Experts agree to cooperate fully with HiiGuru during the dispute resolution process and to provide all necessary information and evidence to facilitate a fair and thorough investigation.

  • Both Customers and Experts acknowledge and agree that the Platform Decision regarding disputes shall be final and binding, and they waive any right to further legal action or arbitration in relation to the dispute.

9. Governing Law and Jurisdiction

9.1 Governing Law

  • Governing Law: These Terms are governed by and construed in accordance with the laws of England and Wales, regardless of where the services are performed.

9.2 Jurisdiction

  • Courts of England and Wales: Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

10. Modifications to Terms and Services

  • Updating Terms: HiiGuru reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting on the HiiGuru website. Continued use of the platform constitutes acceptance of the updated Terms.

  • Updating Services: Both Customers and Experts agree that HiiGuru may, at any time, without any prior notice or warning, in absolute discretion, for any reason, add to, reduce or modify any of the HiiGuru services or cease operating any or all of the HiiGuru services.

  • Applicability of Terms: If there are changes to the price or Terms after a booking has been made but before the service is delivered, the terms and prices applicable at the time of booking will apply. Specifically, this means that the conditions, including but not limited to, the service fee, delivery timelines, and any other relevant terms agreed upon at the time of booking, will remain applicable throughout the entire course of the service. These terms will not be affected by any subsequent changes made by HiiGuru. This policy is designed to ensure that both Customers and Experts can rely on the terms agreed upon at the time of booking and maintain consistency and fairness throughout the service delivery process.

11. General Provisions

11.1 Notices

  • Notices: Any notices to be sent to us under these Terms or otherwise (including, without limitation, any requests for any posts, content, information, external links or any other materials on this website to be amended, partially or wholly restricted or removed) should be sent either: by post: 22 Bonchurch Road London, W10 5SD; or by email: hello@hiiguru.com 

11.2 Entire Agreement

  • Complete Agreement: These Terms constitute the entire agreement between you and HiiGuru regarding the use of the platform and supersede all prior agreements and understandings.

11.3 Severability

  • Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

11.4 Third Party Rights

  • Third Party Rights: The Contracts (Rights of Third Parties) Act 1999 (the “Act”) will not apply to these Terms and no person other than the parties to this Terms will have any rights under it, nor will it be enforceable under that Act by any person other than the parties to it.

11.5 Waiver

  • Waiver of Terms: HiiGuru’s failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

11.6 Assignment

  • Assignment: Both Customers and Experts agree that they will not assign, transfer, sub-contract or in any other manner make over to any third party their rights or obligations under these Terms without the prior written consent of HiiGuru. HiiGuru may, without restriction, assign, transfer, sub-contract or in any other manner make over to any third party their rights and obligations under these Terms.

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