Last reviewed: 1 Aug 2023
1.1 We, Vygo Pty Ltd (ACN 609 658 531) or Nominee (Company, Vygo, us, our, we) own and operate:
a. the mobile application "Vygo”;
b. the Platforms located at www.vygoapp.com, www.vygo.app and www.vygo.com.au; and
c. any other products and services we release from time to time,
(together, Platform)
which allows users to find and access support services as further outlined in clause 2 of this document.
1.2 By accessing and using the Platform you acknowledge you have read, understood and agree to comply with:
a. these Terms of Use;
b. our Privacy Policy; and
c. any other terms, policies or notices published on the Platform (Related Terms) that can be viewed here
(collectively, Terms).
1.3 Our Terms form a binding contractual agreement between the user of the Platform (User, you) and us.
1.4 Before accessing and using the Platform, you should read the Terms carefully. If you have any questions about the Terms, you can contact us at team@vygoapp.com.
1.5 If you do not agree to the Terms, as amended from time to time, in whole or in part, you must not access or use the Platform.
1.6 If you are younger than the age of consent for your jurisdiction (a Minor), by accessing and using the Platform, you confirm that you have the consent of your parent or guardian and have received your parent or guardian’s permission to use the Platform and agree to these Terms.
1.7 If you are the parent or guardian of a Minor, you agree that you are solely responsible for such Minor’s use of the Platform and to bind the Minor to these Terms and to fully indemnify and hold us harmless if the Minor breaches any of these Terms.
2.1 Overview
a. The Platform allows universities or similar institutions (University) to create support services, invite their students, representatives, affiliates and staff to join the Platform and manage their support services.
b. Once the students have joined the Platform, the Platform connects users requiring support services (Learners) to peers, mentors, advisors, tutors, leaders, staff or other nominated persons willing to provide the required support services (Mentors) or supported services linked externally from the Platform.
c. A Learner may, through the functionality provided on the Platform:
any other functionality as may be added by the Company to the Platform from time to time.
d. A Mentor may, through the functionality provided on the Platform:
2.2 Communication and messaging
a. Learners and Mentors may use a messaging feature available on the Platform to communicate directly about Requested Sessions and Accepted Sessions or for other related purposes in order to utilise the Platform.
b. Each time you receive a message through the Platform, Vygo may send a notification to you via text message or email. If you do not wish to receive notifications, you can manage your notification settings through the functionality provided on the Platform.
c. We or your University may monitor your communications through the Platform’s messaging feature to ensure compliance with these Terms and your University’s policies and codes of conduct. We may, at our discretion or when requested by your University, provide your communications to the University.
2.3 Reviews
a. Learners may rate and provide feedback about a Mentor regarding the performance of services facilitated through the Platform (Review).
b. We strongly encourage users of the platform (Users) to provide Reviews, and may from time to time, contact you to remind you to provide a review for completed Sessions and Accepted Sessions.
c. Reviews must be true, fair and accurate.
d. Reviews can be viewed by other Users and will remain viewable until the relevant User’s account is cancelled or removed from the Platform.
e. We or your University may, but are not obliged to, review a Review made by a User.
f. If we or your University, in our sole discretion, consider that a Review is untrue, unfair, inaccurate, offensive or otherwise inappropriate, we or your University may delete the Review and/or prohibit the User from posting the Review.
a. We act as a facilitator between Mentors and Learners and their University (as applicable), and our role is strictly limited to facilitating access to the Platform.
b. By accessing and using the Platform, you acknowledge and agree that:
a. To access the Platform, you must create an account. The Company reserves the right to make any parts of this site accessible only to Users who have registered and created an account.
b. You may only create one account on the Platform or University space you’ve been invited to.
c. To register a User account, you must:
d. When you register your account, you may have to nominate a password. You are responsible for maintaining the confidentiality and integrity of your account, password and for all use and activity carried out on your account. The Company will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Company will be entitled to assume that any person using this site, your account or the Platform with your username and password is you or your authorised representative.
e. If you believe that there has been unauthorised access to your account, please contact us or your University immediately.
f. Vygo may, at its sole discretion, implement, use and modify tools to verify the identity of any User. The tools may include, but are not limited to:
g. The information you provide us through the Platform, including but not limited to during account registration and User verification, must be accurate, complete and up to date. You must update this information from time to time to ensure it remains up to date.
h. The information you or your University provide us to create your account will be used to create your User profile (Profile) on the Platform.
j. You acknowledge and agree that, where we have partnered with your University to allow you access to and use of the Platform, you may be required to provide evidence or authentication of your relationship with the University, including by logging into our Platform through your University’s single sign on or email address.
5.1 Your Obligations
You represent and warrant to:
a. use the Platform in accordance with these Terms;
b. provide and keep accurate, current and complete all information provided in the Platform;
c. comply with your University’s rules, standards and/or applicable codes of conduct; and
d. comply with all applicable rules of common law, principles of equity, international law and any applicable federal, state, local laws, statutes, rules, regulations, proclamations, ordinances or by-laws and other subordinate legislation of any country anywhere in the world.
5.2 Limitations
In accessing the Platform, you represent and warrant that you will not:
a. modify or copy the layout of the Platform or any computer software and code contained in the Platform;
b. interfere with or disrupt the Platform, including by transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;
c. create accounts with us through unauthorised means, including but not limited to by impersonation or identity falsification or by using an automated device, script, bot or other similar means;
d. restrict, or attempt to restrict, another User from using or enjoying the Platform;
e. interfere with the privacy of another person;
f. infringe any intellectual property rights or any other contractual or proprietary rights of another person;
g. do any act, engage in any practice or omit to do any act or engage in any practice that:
h. encourage or facilitate violations of the Terms.
5.3 Deletion on your account
You may delete your account with Vygo at any time through the functionality provided on the Platform.
a. We own or are the licensee of all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Platform, and in or to the Material made available to you in providing the Platform (together, the Platform Content).
b. You grant us a non-exclusive limited licence to copy, transmit, store, backup and/or otherwise access or use the User Content you upload into the Platform to:
c. Your use of and access to the Platform does not grant or transfer any rights, title or interest to you in relation to the Platform Content.
d. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any Platform Content or any other material in whatever form contained within the Platform.
e. For clarity your University shall own the User Content relating to your user experience on the Platform.
7.1 General
a. We own all Platform Content and if we have a direct relationship with your University, your University may also have access to all Platform Content and User Content and owns your experience.
b. You consent to any act or omission which would otherwise constitute an infringement of your moral rights. If a third party has moral rights in your User Content, you must ensure the third-party consents in the same manner.
c. User Content must be accurate, truthful and genuine, provided for information purposes. We do not have the ability or responsibility to verify the accuracy or otherwise of the User Content.
7.2 Sharing Platform Content & User Content
a. We may share your User Content, including the contents of any chats or messaging through the Platform directly with your University at any time if requested by the University. Any such disclosure will be in accordance with the terms of our Privacy Policy.
b. We may also share aggregated and anonymised User Content and other information with the University and other third parties for research and analytics processes.
c. For further information about when and how we collect and share your User Content and other information, please refer to our Privacy Policy here.
7.3 Security of content
a. We will take all reasonable steps to implement, maintain and enforce security procedures and safeguards to protect the security, confidentiality and integrity of the User Content from unauthorised access or use by a third party or misuse, damage or destruction by any person.
b. However, given the nature of the internet, we do not guarantee and cannot ensure the security of the User Content and, subject to the provisions of Partner Terms & Conditions and Data Processing Agreement, we expressly exclude liability for any such loss, however caused.
c. We recommend you take proactive means to protect your computer and phone system from potential hazards by installing firewalls, anti-virus software and other security platforms.
7.4 Prohibited content
You must not create or generate any User Content which contravenes the Acceptable Usage Policy (as outlined here) or any of the following requirements:
a. you must hold all necessary rights, licences and consents to do so;
b. it must not cause you or us to breach any law, regulation, rule, code or other legal obligation;
c. it must not be in breach of or inconsistent with any of your University’s policies or codes of conduct;
d. it must not be capable of being considered inappropriate, defamatory, offensive, abusive, indecent, illegal or disparaging;
e. it must not bring us into disrepute; and
f. it must not infringe the rights, including intellectual property rights, of any third party.
7.5 Enforcement
a. We and your University reserve the right to, but do not assume the obligation to:
b. You acknowledge and agree that your University may take action or impose penalties against you as a result of your conduct on the Platform, the Platform Content and/or the User Content and we will not be liable for or party to such action and/or penalties.
a. The Platform may contain links to other Platforms owned and operated by third parties, which are not under our control (Third Party Links).
b. Third Party Links are provided as a convenience to you and the existence of such links on the Platform is not an endorsement of those Third Party Links.
c. We are not responsible for the content or material contained on any Third Party Link.
a. We will collect, process, use and disclose any personal information you provide us when using the Platform in accordance with our Privacy Policy.
b. You acknowledge and agree that we may share your personal information with your University or receive additional personal information about you from your University in accordance with our Privacy Policy.
c. Users should never disclose personal details such as their full names, home address, phone number or email address with another User in any communication on the Platform, except as required to provide or receive the services on the Platform.
d. For more information on our information collection and handling practices, please view our Privacy Policy here.
a. The Platform and Third Party Links are provided to you on an 'as is' and 'as available' basis. We give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise of the Platform or Third Party Links.
b. We reserve the right to change, suspend or discontinue any aspect of the Platform, including removing any Platform Content, User Content or Third Party Links, at any time and without notice to you.
c. You are responsible for considering the appropriateness of the Platform for your intended application and use and we give no warranty, guarantee or representation that the Platform is suitable for or meets your requirements.
d. We are not responsible or liable for the conduct of any User or your University. We reserve the right to monitor or become involved in any dispute between you and another User.
e. We are not responsible for and make no representations or warranties as to the truthfulness or accuracy of any Platform Content or User Content.
f. We are not responsible for or liable to you or any third party for any action taken against you or another User by your University as a result of your use or misuse of the Platform.
11.1 General
a. To the fullest extent permitted by law, we are not liable to you for any loss or damage you may suffer or incur in connection with your access to and use of the Platform.
b. To the fullest extent permitted by law, we exclude liability for special, indirect or consequential damages, including damages for loss of data, loss of or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit.
c. Any limitations or exclusions do not apply to our liability for loss suffered or incurred by you for:
d. To the fullest extent permitted by law, our liability to you is limited to the total amount of the fees paid by you to Vygo or paid by your University to Vygo and attributable to your use of the Platform, in the 12 months immediately preceding the incident giving rise to our liability.
11.2 Release
You agree that your use of this site and the Platform is at your own discretion and risk. You agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Terms or the use of this site and the Platform by you or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.
11.3 Force majeure
To the maximum extent permitted by law, and without limiting any other provision of these Terms, the Company excludes liability for any delay in performing any of its obligations under these Terms where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.
You must indemnify and keep indemnified us, our directors, employees, contractors and agents, Related Bodies Corporate and Related Entities as defined in the Corporations Act 2001 (Cth) (together, Indemnified Persons) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of the Indemnified Persons from any claim, demand, suit, action or proceeding by any person against any of the Indemnified Persons where such loss or liability arose directly or indirectly out of or in connection with:
a. any breach of these Terms by you; or
b. breach of any right of another User,
c. any material or information that you submit, post, transmit or otherwise make available through this site and the Platform;
d. your use of, or connection to, this site and the Platform; or
e. your negligence or misconduct, breach of these Terms or violation of any law or the rights of any person.
except to the extent that the loss or liability is caused or contributed to by the act or omission of any of the Indemnified Persons.
a. We reserve the right to cease operating the Platform, without notice and for any reason.
b. We may terminate our relationship with you without notice and with immediate effect if:
c. On termination of these Terms:
d. We are not liable for any costs, losses or damages of any kind arising as a consequence of terminating your access to the Platform.
If you wish to contact us or make a complaint, please contact us at team@vygoapp.com.
If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the remaining provisions.
a. The Terms are governed by the laws in force in Queensland, Australia.
b. You and we submit to the exclusive jurisdiction of the courts of Queensland.
