eXpertly Group Ltd with company number 12565653 and address 71-75 Shelton Street, London WC2H 9JQ, together with any of our affiliate companies (hereafter referred to as "eXpertly", "we", "us", or "our") provides an online platform (“Platform”) where users (“Customers”) can browse services available from a variety of experts (“eXperts”) (collectively, the Users) and eXperts can offer their services to Customers.
The Platform is accessible at www.eXpertly.global and any other websites or widgets through which eXpertly makes the Platform available (collectively, the “Site”).
Please note that, eXpertly is not a party to any agreement(s) entered into between the Users on the platform. eXpertly has no control over the conduct of Users or services provided by the eXperts and disclaims all liability in this regard.
Your access and use of the Site and Platform constitutes your agreement to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Platform. These Terms govern your access to and use of the Site and Platform and all Collective Content (defined below), and constitute a binding legal agreement between you and eXpertly.
If you are not acting on a personal account and you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site. Failure to use the Site and Platform in accordance with these Terms may subject you to civil and criminal penalties.
- eXpertly Content means all Content that eXpertly makes available through the Site, or Platform, including any Content licensed from a third party, but excluding User Content.
- Collective Content means User Content and eXpertly Content.
- Content means any and all text, graphics, images, music, software, audio, video, information or other materials.
- Customer means a User who books a service via the Site.
- Listing means a service that is listed by an eXpert as available for purchase via the Platform.
- eXpert means a User who creates a Listing via the Platform.
- User means a person who completes eXpertly’s account registration process, including eXperts and Customers, as described under “Account Registration” below.
- User Content means all Content that a User posts, uploads, publishes, submits or transmits to be made available through the Site or Platform.
- Tax or Taxes mean all direct and indirect taxes. Certain areas of the Site and Platform (and your access to or use of certain aspects of the Platform or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Platform, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Platform, or Collective Content.
eXpertly reserves the right, at its sole discretion, to modify the Site or Platform or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification via email.
By continuing to access or use the Site or Platform after we have posted a modification on the Site, you are confirming that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Platform.
The Site and Platform comply with the laws of England and we do not guarantee that the Site and or Platform confirm with the laws of any other country, and it is your sole responsibility to ensure you comply with the laws of your country of residence. The Site and Platform are intended solely for persons who are 18 or older or by entities incorporated. Any access to or use of the Site or Platform by anyone under 18 is expressly prohibited. By accessing or using the Site or Platform you represent and warrant that you are 18 or older.
How the Site and Platform Work
The Site is used to facilitate the Listings of eXperts. You may view Listings as an unregistered visitor to the Site and Platform; however, if you wish to book a service or create a Listing, you must first register to create an eXpertly Account (defined below).
eXpertly’s responsibilities are limited to facilitating the availability of the Site and providing access to payments via Stripe or Paypal for each eXpert.
Please note that the Site and Platform are intended to be used to facilitate the booking of appointments and Expert services.
eXpertly cannot and does not control the Content contained in any Listings and the condition, legality or suitability of any services provided by the eXperts. eXpertly is not responsible for and disclaims any and all liability related to any and all Listings and services. Accordingly, any bookings will be made at the Customer’s own risk.
Account Registration and Subscriptions
In order to access certain features of the Site and Platform, and to book a service or create a Listing, you must register to create an account (“eXpertly Account”) and become a User of the Platform. You may register to join the Platform directly via the Site. Registration is generally free of charge, however we reserve the right to start charging at anytime. If we do so, we will provide you with reasonable notice.
With our free Customer accounts, Customer will be able to opt out of our marketing emails.
With our free account for eXperts, you acknowledge that you agree to receiving our marketing emails.
You do have the option of obtaining a premium account with a subscription and this will allow you to personalise your account, including the advertising you receive from us.
To enable the video conferencing feature, eXperts will need to buy credits and use these towards making video conferencing calls via the Platform. For the avoidance of doubt if the eXpert decided to use Zoom or Skype or any similar product, we will not be held responsible for any technical issues.
If at any time a User fails to pay the required subscription, we have the right to downgrade the account from premium to free or to delete the account, whichever we decide in our sole discretion. your account until such outstanding payment is made. You further acknowledge and agree that any subscription fees may be subject to foreign exchange fees or differences in prices due to exchange rates and we will not be held liable for any of the extra fees you incur.
You agree that if you purchase a subscription with us, your payment method will automatically be charged at the start of each subscription period for the fees and taxes applicable to that period. You further agree that we may store and continue billing your payment method even after it has expired, to avoid interruptions in your subscription.
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. eXpertly reserves the right to suspend or terminate your eXpertly Account and your access to the Site and Platform if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
You are responsible for safeguarding your password and agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your eXpertly Account, whether or not you have authorised such activities or actions. You will immediately notify eXpertly of any unauthorised use of your eXpertly Account.
eXpertly does not endorse any eXpert or any services on the Platform. Although these Terms require Users to provide accurate information, we do not attempt to confirm, and do not confirm, any User’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site and Platform. eXpertly is not responsible for any damage or harm resulting from your interactions with other Users.
By using the Site or Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from eXpertly with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Users on the Site and Platform regarding any bookings or Listings.
Bookings and Financial Terms for Customers
The eXperts shall be solely responsible for honouring any bookings and making available any services ordered through the Site and Platform. As a Customer, you acknowledge and agree that you, and not eXpertly, will be solely responsible for performing the obligations of any such agreements, that eXpertly is not a party to such agreements, and eXpertly disclaims all liability arising from or related to any such agreements.
Any booking may specify a fee. You agree to pay the fee via Stripe or PayPal direct to the eXpert and we urge you to read and accept their terms and conditions prior to making any payments.
In connection with your order, you may be asked to provide customary billing information such as name, billing address, and credit card information either to eXpertly or its third party payment processor.
Once your confirmed booking transaction is complete you will receive a confirmation email summarising your confirmed booking.
Cancellations and Refunds
If an eXpert is unable to complete the order for the services for any reason, the eXpert must inform the Customer of this and cancel the order on the Platform. The Customer must communicate directly with the eXpert in relation to any refunds.
Once you, as a Customer, have submitted your order and your payment has been authorised as per above, you will not be entitled to change or cancel your order unless this is agreed with the eXpert.
In connection with your use of our Site and Platform, you may not and you agree that you will not:
- violate any local or other law or regulation, or any order of a court
- use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Platform or Content
- use the Site or Platform for any commercial or other purposes that are not expressly permitted by these Terms
- copy, store or otherwise access any information contained on the Site, Platform or Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including but not limited to, their intellectual property, privacy, publicity or contractual rights
- interfere with or damage our Site or Platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology
- use our Site or Platform to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers
- use our Site or Platform in connection with the distribution of unsolicited commercial email ("spam")
- "stalk" or otherwise harass in any way any other user of our Site, or Platform or collect or store any personally identifiable information about any other user other than for purposes of transacting as an eXpertly Customer or eXpert
- register for more than one eXpertly Account or register for an eXpertly Account on behalf of an individual other than yourself
- when acting as a Customer or otherwise, recruit or otherwise solicit any eXpert or other User to perform services outside these Terms or join third party services or websites that are competitive to eXpertly
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity
- use automated scripts to collect information or otherwise interact with the Site or Platform
- or post, upload, publish, submit or transmit any Content that
- infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is fraudulent, false, misleading or deceptive;
- is defamatory, obscene, pornographic, vulgar or offensive;
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any other person; or
- promotes illegal or harmful activities or substances.
- systematically retrieve data or other content from our Site or Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site or Application, or any individual element within the Site, Platform, or Application, eXpertly’s name, any eXpertly trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without eXpertly’s express written consent;
- access, tamper with, or use non-public areas of the Site or Application, eXpertly’s computer systems, or the technical delivery systems of eXpertly’s providers;
- attempt to probe, scan, or test the vulnerability of any eXpertly system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by eXpertly or any of eXpertly’s providers or any other third party (including another user) to protect the Site, Platform, Application or Collective Content;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Platform, Application or Collective Content; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
eXpertly has no obligation to monitor your access to or use of the Site, Platform or Collective Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site and Platform, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
eXpertly reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that eXpertly, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Platform.
The Site, Platform, and Collective Content are protected by copyright, trademark, and other laws of England and foreign countries. You acknowledge and agree that the Site, Platform and Collective Content, including all associated intellectual property rights is the exclusive property of eXpertly and its licensors.
You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Platform, or Collective Content.
eXpertly Content and User Content License
Subject to your compliance with the terms and conditions of these Terms, eXpertly grants you a limited, non-exclusive, non-transferable license, to (i) access and view any eXpertly Content solely for your personal and non-commercial purposes and (ii) access and view any User Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Platform, or Collective Content, except as expressly permitted in these Terms.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by eXpertly or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, at our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Site and Platform, you hereby grant to eXpertly a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, or by means of the Site and Platform.
eXpertly does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
eXpertly is not responsible for any reviews, ratings or feedback provided by the User.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site and Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site and Platform or you have all rights, licenses, consents and releases that are necessary to grant to eXpertly the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or eXpertly’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Platform will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site and Platform may contain links to third-party websites or resources. You acknowledge and agree that eXpertly is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by eXpertly of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
All trademarks, service marks, logos, trade names and any other proprietary designations of eXpertly used herein are trademarks or registered trademarks of eXpertly. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
eXpertly respects copyright law and expects its users to do the same. It is eXpertly’s policy to terminate in appropriate circumstances the eXpertly Accounts of Users or other account holders who infringe or are believed to be infringing the rights of copyright holders.
Termination and eXpertly Account Cancellation
We may, at our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site and Platform, and (b) deactivate or cancel your eXpertly Account.
Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you, but may set-off such amounts against any costs or expenses incurred by eXpertly in the event of a breach of these Terms.
In the event eXpertly terminates these Terms, or your access to our Site and Platform or deactivates or cancels your eXpertly Account you will remain liable for all amounts due hereunder.
You may cancel your eXpertly Account at any time via the “Cancel Account” feature of the Platform. Please note that if your eXpertly Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Platform, including, but not limited to, any reviews or Feedback.
Limitation of Liability
You acknowledge and agree that, to the extent permitted by law, the entire risk arising out of your access to and use of the Site, Platform and Collective Content, your listing or booking from any listing via the Site and Platform and any contact you have with other users of eXpertly remains with you.
Neither eXpertly nor any other party involved in creating, producing, or delivering the Site, Platform or Collective Content will be held liable for any loss or damage arising in any way from your use of the Site, Platform or Collective Content.
You agree to release, defend, indemnify, and hold eXpertly and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Platform, or Collective Content or your violation of these Terms; (b) your User Content; and (c) your (i) interaction with any User, (ii) booking of an eXpert or (iii) use of the Platform, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking.
If as a Customer, you hire an eXpert who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to eXpertly by contacting us with your police station and report number using the form on our contact page, provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
As we are solely a technology platform we strongly encourage eXperts and Customers to resolve any disputes between themselves. You may write to us if you are unable to resolve the dispute and we may, at our sole discretion, assist you in a resolution within 90 days. For the avoidance of doubt, eXpertly has the right to decline dispute intervention altogether.
You may not assign or transfer these Terms, by operation of law or otherwise, without eXpertly’s prior written consent. eXpertly may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by eXpertly (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms shall be governed by and interpreted in accordance with the laws of England. You and we agree to submit to the exclusive jurisdiction of the courts of England for all disputes arising from the use of the Site or Application.
The failure of eXpertly to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of eXpertly. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If any provision of this Agreement is held to be invalid or unenforceable, such provision will be severed and the remaining provisions shall remain in effect.
If you have any questions about these Terms, please contact eXpertly using the contact page.
These Terms constitute the entire and exclusive understanding and agreement between eXpertly and you regarding the Site, Platform, Collective Content and any bookings or Listings of Platform made via the Site and Platform, and these Terms supersede and replace any and all prior oral or written understandings or agreements between eXpertly and you regarding bookings or listings of Platform, the Site, Platform and Collective Content.
If you choose to use the Site, and Platform, you do so at your sole risk. You acknowledge and agree that eXpertly does not have an obligation to conduct background checks on any member, including, but not limited to, Customers and eXperts, but may conduct such background checks in its sole discretion. The Site, Platform, and Collective Content are provided on an “as is” basis, without warranty of any kind, either express or implied besides those implied at law.
eXpertly does not itself provide any professional service but merely provides the platform which enables you to access services from a third party eXpert.
eXpertly has no responsibility for and no liability whatsoever in respect of the conduct of an appointment by the eXpert, reviewing or fulfilment of any request for services or quality of service provided by an eXpert.
eXpertly does not guarantee that a service from our Platform is the appropriate service for your requirements.
eXpertly makes no warranty that the Site, Platform, Collective Content, including, but not limited to, the Listings, will meet your requirements or be available on an uninterrupted or be secure or free from errors, bugs or viruses and we exclude all liability in relation to these matters.
You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software
eXpertly makes no warranty regarding the quality of any Listings, the Platform or Collective Content or the accuracy, timeliness, truthfulness, completeness or reliability of any Collective Content obtained through the Site, or Platform.
No advice or information, whether oral or written, obtained from eXpertly or through the Site, Platform or Collective Content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users of the Site or Platform and with other persons with whom you communicate or interact as a result of your use of the Site or Platform, including, but not limited to, any eXperts or Customers. You understand that eXpertly does not make any attempt to verify the statements of users of the Site or Platform or to review Listings. eXpertly makes no representations or warranties as to the conduct of users of the Site or Platform or their compatibility with any current or future users of the Site or Platform. You agree to take reasonable precautions in all communications and interactions with other users of the Site or Platform and with other persons with whom you communicate or interact as a result of your use of the Site or Platform, including, but not limited to, Customers and eXperts.