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Terms and Conditions

Terms of Use

Please read the Terms Of Use thoroughly and carefully. The terms and conditions set forth below ("Terms of Use") and the Privacy Policy (as defined below) constitute a legally-binding agreement between Yourkamaan Legal Solutions Pvt Ltd (www.expertily.com) and you. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in the expertily.com, including the classified advertisements, forums, various email functions and internet links, and all content and Expertily’s services available through the domain and sub-domains of Expertily’s located at www.expertily.com (collectively referred to herein as the “Website" or “Expertily”), andthe online transactions between those Professional(s) on the Website who are offering services and those users of the Website who are obtaining services, through the Website. The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Website, including users who are also contributors of written / video content, information, private and public messages, advertisements, and other materials or services on the Website.

The Website is currently owned and operated by Yourkamaan Legal Solutions Pvt. Ltd. You acknowledge that the Website serves as a platform where the general public (Users) have been given the facility to ask for free Legal/Financial advice from the listed Professional(s) on the website, as well as users are provided with the facility to ask for paid consultations with their choice of Professional(s) available on the website, and by clicking on "I have read and agree to the terms of use," you hereby certify thatyou are either a Professional or a prospective service User, you have the authority to enter into these Terms of Use, you authorise the transfer of payment for services requested through the use of the Website, and you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Website immediately.

YOU SPECIFICALLY AGREE THAT BY USING THE WEBSITE, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.

All references to "you" or "your," as applicable, mean the person that accesses, uses, and/or participates in the Website in any manner. If you use the Website or open an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the Terms of Use will be deemed an acceptance by that business and "you" and "your" herein shall refer to that business.

General

  1. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
  2. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Expertily(.com)
  3. The domain name www.expertily.com, is owned and operated by YourKamaan Legal Solutions Pvt. Ltd. (The Company), a Private Company limited by shares, incorporated under the provisions of the Companies Act, 2013, and having its registered office at C-83, Roopvilla, Plot-2, Sector- 19B, Dwarka, New Delhi, India - 110075, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
  4. For the purpose of this Terms & Conditions, wherever the context so requires; The term ‘You’ &‘User’ shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;The terms ‘We’, ‘Us’ &‘Our’ shall mean the Website and/or the Company, as the context so requires; The terms ‘Party’ &‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so required; The term “Professional(s)” or “Professional” shall respectively be used to refer to the Lawyers, Charted Accountants & Accountants, individually and collectively, as the context so required
  5. The use of the Website by the User is solely governed by this Policy as well as the Terms & Conditions of the Website, and any modifications or amendments made thereto by the Company from time to time, at its sole discretion. Visiting the home page of the Website and/or using any of the services provided on the Website shall be deemed to signify the User’s unequivocal acceptance of this Policy and the aforementioned Terms, and the User expressly agrees to be bound by the same. The User expressly agrees and acknowledges that no signature or express act is required to make these Terms and the Policy binding on the User and that the Terms and Policy are co-terminus, and that expiry/termination of either one will lead to the termination of the other.
  6. The User unequivocally agrees that this Policy and the aforementioned Terms constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into the Terms, and shall be treated as part and parcel of the same.
  7. The Parties expressly agree that the Company retains the sole and exclusive right to amend or modify the Policy and the aforementioned Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the Policy and Terms, and stay updated on their provisions and requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Policy and Terms. In so far as the User complies with the Policy and Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter, access and use the Website.

Description of Expertily

Expertily provides you with a forum to interact with lawyers, Charted Accountants & Accountants, who have registered on this website. You understand and agree that information provided on Expertily is for informational purpose only, and does not constitute legal advice. "Legal advice" is the application and interpretation of law to an individual's specific circumstances, and is expressly prohibited on Expertily. You understand and agree that you will not rely on the information presented on Expertily for your specific situation, and that you will seek Professional’s help for your own situation. You understand that Expertily may not verify licenses of lawyers, Charted Accountants & Accountants (Professionals) who have registered on Expertily to answer queries of the Users, and that it is your sole responsibility to verify a Professional’s license and credentials before making a decision to hire such a professional.

You understand that Expertily is not an advertising service for Professionals, and that the Professional’s listings on Expertily do not constitute a referral or endorsement by Expertily. All the professional(s) are primarily available on the website for a pro-bono purpose of helping out general public by answering their legal and financial queries. You understand and agree that Expertily may include certain communications from Expertily, such as service announcements, administrative messages, newsletters, and that these communications are considered part of Expertily membership and you will have an option to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Expertily services, including the release of new Expertily properties, shall be subject to the User Agreement.

You understand and agree that Expertily is provided "AS IS" and that Expertily assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings. You are responsible for obtaining access to Expertily, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access Expertily. You understand that the technical processing and transmission of Expertily, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Expertily is no way, directly or indirectly responsible for the advice and assistance provided by the Professional(s). We are an independentplatform where the clients can communicate with, and if the need be, meet the Professional(s). Expertily has no control over the Services provided by the Professional(s). Expertily will not be responsible incase of any issues/discrepancies with the Services provided by the Professional(s).Expertilyhas the full rights to publish the free advice provided to their clients on their portal and in any external communication for public knowledge sharing. However, in NONE of the published content the user personal details will be displayed. Because on sensitivity of the issue, if you wish that your questions and their respective answers not to be published, we advice you to use paid services i.e. Email Support, Telephonic Assistance, Video Consultation, or Meeting with the Lawyer.

In case more than one Professional(s) has answered your query in different ways, then Expertily takes no responsibility towards these different opinions and answers of the Professional(s). In such scenarios we suggest you take another opinion from the Professional(s) and then decide which opinion to go ahead with on the basis of merits and logical reasoning. All of the materials and information on the Website are provided for informational purposes only, and may not reflect legal advice.

The mere receipt of an e-mail from or a "post" on the Site does not create a Professional-client relationship. The applicable Professional(s) are solely responsible for providing their services to you, and you agree that Expertily shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services (including, without limitation, claims based on malpractice). You agree that any claim arising out of your relationship with a Professional(s) shall be brought solely against such Professional(s) ,as Expertily is doing nothing more than assisting the Professional(s) to enable their respective practices, neither Expertily nor any of its licensors or affiliates shall be included within any such claim.

Membership Eligibility Criteria

Age Limit: Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that all registration information that you submit is truthful and accurate, that you will maintain the accuracy of such information, and that your use of the Website and Services offered through this Website do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations.

Account Registration: You need not register with Expertily to simply visit and view the Website, but to access and participate in certain features of the Website, you will need to create a password-protected account ("Account”). To create an account, you must submit your name and email address through the account registration page on the Website and create a password. You will also be asked to provide additional optional information, which is not required to register for an account but may be helpful to Expertily in providing you better service. You may also register for an Account using your existing Facebook account or Google Mail account and log-in credentials (your "Third-Party Site Password").

Password(s) Security: You are solely responsible for safeguarding your account password and, if applicable, your Third-Party Site Password (collectively, "Passwords") at all times and shall keep your Password(s) secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Expertily immediately of any breach of security or any unauthorised use of your Account. Similarly, you shall never use another's Account without Expertily’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website.

You hereby expressly acknowledge and agree that you yourself and not Expertily will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorised use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Expertily or others due to such unauthorised use.

Account Holder Policies

An Account holder is sometimes referred to herein as a "Registered User.”, “You” or “User”. You acknowledge and agree that you shall comply with the following policies (the "Account Policies”):

  1. You will not copy or distribute any part of the Website in any medium without Expertily’s prior written authorisation. You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose. You agree not to use Expertily to upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; harm minors in any way.
  2. You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete. You shall not use any automated system, including but not limited to, "robots,""spiders,""offline readers,""scrapers," etc., to access the Website for any purpose without Expertily’s prior written approval.
  3. You shall not in any manual or automated manner collect Professional’s information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a "mirrored", competitive, or third party site.
  4. You shall not in any way that transmits more request messages to the Expertily servers, or any server of a Expertily subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Expertily reserves the right to revoke these exceptions either generally or in specific cases.
  5. You shall not recruit, solicit, or contact in any form Professional(s) for employment or contracting for a business affiliated with Expertily without express written permission from Expertily.You shall not take any action that unreasonably encumbers or, in Expertily’s sole discretion, may unreasonably encumber the Website's infrastructure; interferes or attempts to interfere with the proper working of the Website or any third-party participation in the Website; or bypasses Expertily's measures that are used to prevent or restrict access to the Website.
  6. You agree not to collect or harvest any personally identifiable data, including without limitation, Questions and their Answers, Names, or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
  7. Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full Privacy Policy. You understand that through your use of Expertily you consent to the collection and use (as set forth in the applicable Privacy Policy) of this information.
  8. The User of Expertily should not be used to impersonate another person or misrepresent authorisation to act on behalf of others or Expertily. All messages transmitted via Expertily should correctly identify the sender. The User should never alter the attribution of origin in electronic mail messages or while posting any information. The User shall not infringe upon the rights of others, spam, propagate computer worms or viruses, use a false identity, attempt to gain unauthorised entry to any site or network, infringe copyrights, trademarks, or other intellectual property rights. The User further agrees to comply with Indian export laws concerning the transmission of technical data and other regulated materials via the World Wide Web.
  9. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Expertily, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via Expertily. Expertily does not control the Content posted via Expertily and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using Expertily, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Expertily be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Expertily.
  10. Your access to, use of, and participation in the Website is subject to the Terms of Use and all applicable Expertily regulations, guidelines and additional policies that Expertily may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that Expertily publishes on the Website (the "Additional Policies"). You hereby agree to comply with the Additional Policies and your obligations there-under at all times. You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, Expertily, in its sole discretion, may terminate your Account at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary.
  11. You agree not use Expertily to upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
  12. You agree not use Expertily to upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  13. You agree not use Expertily to use, or cause to be used to facilitate the transmission of unsolicited or unauthorised material, including but not limited to promotional materials, URLs, junk mail, chain letters, pyramid schemes, or any other form of unauthorised solicitation that you may upload, post, email, transmit, or otherwise make available. Use robots or otherwise harvest others' email addresses from Expertily for purposes of sending unsolicited or unauthorised material.
  14. You agree not use Expertily to upload, post, email, or transmit the same message, URL, or post multiple times disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to use Expertily; interfere with or disrupt Expertily or servers or networks connected to Expertily, or disobey any requirements, procedures, policies, or regulations of networks connected to Expertily, including using any device, software, or routine to bypass our robot exclusion headers;
  15. You agree not use Expertily to intentionally or unintentionally violate any applicable local, state, national, or international law, and any regulations having the force of law; talk or otherwise harass another; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.
  16. You acknowledge that Expertily may or may not pre-screen Content, but that Expertily and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via Expertily. Without limiting the foregoing, Expertily and its designees shall have the right to remove any Content that violates the User Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Expertily or submitted to Expertily, including without limitation information in Expertily forums and in all other parts of Expertily.
  17. You acknowledge, consent, and agree that Expertily may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to; comply with legal process; enforce the User Agreement; respond to claims that any Content violates the rights of third parties;respond to your requests for customer service; orprotect the rights, property or personal safety of Expertily, its users, and the public.
  18. You understand that Expertily and software embodied within Expertily may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Expertily and/or content providers who provide content to Expertily. You may not attempt to override or circumvent any of the usage rules embedded into Expertily. Any unauthorised reproduction, publication, further distribution, or public exhibition of the materials provided on Expertily, in whole or in part, is strictly prohibited.
  19. You are permitted to use the Website to find a Professional(s) to perform services for you related to your problem and to obtain general information about similar cases (each, a "Permissible Use"). You are not permitted to use the Website for any other reason other than a Permissible Use as described above. Impermissible Uses shall include, but are not limited to, using the Site to order to solicit, hire, engage or otherwise work with the employees or affiliates of Expertily or the Professionals, to interfere or attempt to interfere in the relationship between Expertily and such employees, affiliates, Professional(s), or for any other purpose other than described herein (each, an "Impermissible Use"). If you do engage in such conduct, the resulting damage will be hard to quantify as a fixed amount and thus you hereby agree to pay us liquidated damages in the amount of Rs.5,00,000 for each Impermissible Use, and further unquantified damages which will occur due to your act will be accessed and you shall be liable to pay the same. You further agree that this liquidated damages provision reasonably approximates actual costs, losses, and expenses which would be incurred by Expertily due to any such Impermissible Use. You also agree that nothing in this section is intended to limit Expertily’s right to obtain injunctive and other relief as may be appropriate.
  20. The decision to form Professional-client relationship is an important one and is between you and the Professional. You may wish to seek and retain the advice of other Professional, so as to meet all applicable deadlines that govern your query / problem. You hereby agree that, by taking any of the actions described above, you are soliciting and requesting a contact by telephone and as such, you may be contacted by telephone or e-mail as set forth in this Agreement and in our Privacy Policy, notwithstanding the listing of your telephone number and/or e-mail address in any applicable do-not-disturb registries.
  21. As a participant in the Website, you agree to use careful, prudent, and good judgment when leaving Feedback for Professional(s). The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for the Professional(s) unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Professional(s) or appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict Professional(s) from leaving Feedback.
  22. Sanctions for Inappropriate Use of Feedback- If you violate any of the above-referenced rules in connection with leaving Feedback, Expertily, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv)decrease your status earned via the Feedback page. For reporting inappropriate use of feedback, you may contact Expertily via-email at [email protected]
  23. Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the Website concerning Feedback, Expertily shall be the final arbiter of such dispute. Further, in the event of any dispute between users of the website concerning feedback, Expertily has the right, in its sole and absolute discretion, to remove such feedback or take any action it deems reasonable without incurring any liabilities there from.
  24. The User agrees to indemnify and hold Expertily harmless for any and all acts found or suspected to be in violation hereof. The Consumer’s account will be terminated for any of the above infractions. The User shall not attempt to undermine the security or integrity of computing systems or networks of Expertily, its partners, or those accessed through or with their product, and must not attempt to gain unauthorised access.
  25. Consent/Understanding of the User- User understands the risks and benefits of the online consultation and acknowledges as well as agrees to assume the risk of the above-mentioned limitations pursuant to the use of Expertily. User further understand and agree that no warranty or guarantee has been made to him concerning any consultation on particular problem, result, solution of his query / problem.
  26. User understand that the laws that protect privacy and the confidentiality of personal and / or Professional Services’ information also apply to Expertily, and that his information will be only used as defined by the Expertily Terms of Use and Privacy Statement. User understand that the consultation through Expertily may involve electronic communication of my personal information to other Professional(s) who may be located in other areas, including out of state. If you do not agree to our Terms of Use or our Privacy Policy we kindly request you to not use this site.

Scope Of Our Service

We provide a platform where you can ask Free Question(s) on our website and you will not be charged any fees for the same. Though Professional(s) try to answer your question(s) on immediate basis but we do not guarantee a time limit in case of Free Question. Any Free Answers you receive from Professional(s) will not involve any Lawyer/Charted Accountant-Client relationship and the Free Answer will be publicly displayed and viewable by all Users (without your personal information i.e name, age, sex etc). You cannot choose the Professional that’ll answer the Free Question submitted by you, the website on the basis of expertise let the Professional answer your Free Question. The Professional(s) may choose not to answer your question with or without assigning a reason for the same. You will be intimated in such cases via email and / or phone. Our Professionals might be unavailable at times owing to existing questions lined up with them, and we will not be accepting Free Questions during such times. We apologise for the inconvenience this might cause, and request you to try submitting a question after a while or opt for a Paid Service, wherein you can even choose the Professional who answers your Question.

If you go with a paid service at Expertily you will be charged a consultation fee for the same, in that case you will be able to select the Professional on the basis of his/her Area of Expertise, No. of practicing years, Location, Language spoken etc. Once you select the Professional, you can choose the mode of consultation (Email/Phone Call/ Video Conferencing/Personal Meeting) and make the payment accordingly. The Consultation fee helps us in covering our administrative/processing/maintaining and operating cost of the website. It also helps us send your questions to the desired Professional(s) swiftly and fix the consultation on priority basis.The Professional’s Fee is paid solely and directly to the Professional and is a payment by which you compensate the Lawyer for the time spent in providing you with services in a limited-scope Lawyer-client relationship. This limited Lawyer-client relationship is discussed more fully under point no. 29.

We are a platform where Professional(s) are listed primarily to help the general public by answering their legal/financial queries for FREE. Though the user has better accessibility of the Professional(s) on our website, but we are NOT an advertising portal where Professional(s) are listed on a priority driven by the fees paid. We have provided the facility/functionality of filtering the Professional(s) for the convenience of the user. We do not in any way endorse any Professional(s) present on the website. In no event we shall be liable to you or anyone else for any decision made or action taken by you in reliance of such information.

SCOPE OF PROFESSIONAL-CLIENT RELATIONSHIP

Unless you enter into an agreement to post a Paid Question and into a specific limited-scope Professional(s)-client relationship with a Professional, you understand and agree that any other use of Expertily does not in any way create or establish a Professional(s)-client relationship between you and any Professional. You should recognise that the free portions of Expertily (including past questions and answers such as the Expertily Free Questions and Answers database, and articles posted on the site and all the available data) are provided for your information to help you understand some of your legal rights. These materials should not be relied on as legal advice and reading and reviewing them is not a substitute for direct consultation with a Professional about a specific legal/financial problem.

Free Questions- No Professional-Client Relationship: You understand and agree that submitting a Free Question to Expertily or receiving an answer to a Free Question posted on Expertily does not in any way create or establish a Professional-client relationship between you and any Professional, or between you and Expertily. The information and answers provided in response to Free Questions is intended to be generic legal information, not legal advice, and is based upon the very limited information provided you in a Free Question. Specific legal advice can only be given with full knowledge of all of the facts and circumstances of your situation. If you are represented by a Professional, that Professional is the best person to give you advice about a legal/financial matter. Under no circumstances should the information obtained on this site be used to make decisions about the quality of representation by a Professional or about the proper course of a legal/financial matter.

Paid Questions - Limited Professional-Client Relationship: If you have any apprehension or concern about entering into the Representation Agreement or Advice Agreement, you should not submit a Paid Question.Users who submit a Paid Question will enter into a Limited Professional-Client Representation Agreement (the "Representation Agreement") with the responding Professional.This Representation Agreement establishes Professional-client relationship between the User and the Professional that is limited in both scope and duration. The scope of the Professional-client relationship under the Representation Agreement extends only to answering the particular Paid Question submitted, relieving the Professional of any duty to further investigate, follow-up, take any other action, or represent the User in any further way. The answer by the Professional shall be query centric based on limited knowledge of facts provided by you in your question. The duration of the Professional-client relationship under the Representation Agreement is also limited, and the representation ends as soon as the Professional provides the answer.

INDEPENDENCE OF PROFESSIONALS

Independent Opinions: The opinions, statements, answers (collectively “consultation”) provided by the Professional(s)via Expertily are solely of the individual and are independent opinions and statements of such individuals which do not reflect the opinions of Expertily. Expertily does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on Expertily or by a licensee of Expertily.

No Endorsement: The presence of Professional(s) on Expertily does neither implies recommendation or endorsement of such Professional(s) nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Professional(s). Such information is provided on an "as-is" basis and Expertily disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.

You agree that you understand that the Professional(s) who participate on the Expertily are not employed by or agents of Expertily. Although Expertily does require Professional(s) to provide basic information about themselves to Expertily (for example, information about the jurisdictions in which they are licensed, information about areas in which they practice and consider themselves competent and knowledgeable), and although Expertily does rely upon and pass on this information to Users for their use, Expertily does not separately verify this information and makes no representations as to the qualifications of any Professional(s). No listing of any Professional(s) on this site, and no information of any kind or answers provided by any Professional(s), constitutes an endorsement, recommendation or referral of any Professional(s). Professional(s) do not provide any compensation or make any payment to Expertily in order to be listed on Expertily or to answer the queries on Expertily.

In connection with their participation on Expertily, Professional(s) do make certain representations and warranties regarding the information they provide about the jurisdictions in which they are licensed to practice their profession and in good standing. Nevertheless, you are encouraged to investigate or perform your own due diligence concerning the Professional(s) and their qualifications. No representation is made that the quality of the professional services to be performed is greater than the quality of professional services performed by other Professional(s). We urge all potential clients to make their own independent investigation and evaluation of any Professional(s) being considered.

Fair Play: Subject to any exceptions set forth in these Terms of Use or Additional Policies, any Professional(s) shall notsolicit Service Users to mail cash or use other payment methods not specifically permitted by Expertily as approved payment methods; include links that do not conform to Expertily’s policies with respect to third-party links; use profanity in any Posting; acknowledge or credit a third-party service professional for services or products directly connected with your particular posting.

Sanctions: If a Professional violates any of the above-referenced rules in connection with his or her Posting, Expertily, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Professional's Account privileges; (c) suspend the Professional's Account; (d) cause the Professional(s) to forfeit any fees earned on a cancelled Posting; and/or (e) decrease the Professional's status earned via the Feedback page.

PRIVACY OF USERS

Expertily cares about your privacy as much as you do and tries its best to protect your privacy with respect to information not otherwise disclosed by you in questions submitted to Expertily. In connection with the submission of Free Questions or Paid Questions, we only require, and we encourage you to only provide, the minimum amount of personal identifying information necessary to process a question. All of your personal information provided to Expertily, including email addresses, is concealed from all other Users of Expertily and is never published as part of the Expertily public database. Only the Expertily administrators have access, for purposes of site administration, to this information. Expertily will not disclose this information to third parties without your permission, except in the following circumstances: (i) to protect ourselves from liability, or (ii) to respond to legal process or to otherwise comply with the law. With respect to certain information supplied by you, as explained further below, there will be a need for disclosure to Professionals when you are asking a Paid Question. Whether other information submitted to Expertily by you, such as the contents of the Question itself, will be publicly disclosed will vary as between Free Questions and Paid Questions:

Free Questions & Answers: After a Free Question is answered, the Free Question and its answer are automatically posted to the Expertily public database. The contents of these Free Questions and their answers are visible to all Users of Expertily and to all the Professionals. Thus, Free Questions and answers to them are neither confidential nor privileged in any way. Although the contents of the Free Questions and their Answers are visible, the names and identifying information of the User who submitted the Free Question will not be visible to anyone on the website. Of course, you must understand that, because the Answers posted on Expertily are in public domain, you may lose some privacy by posting Free Questions and their corresponding answers. Your view of the facts, or the way you frame a question, may well reveal something about your thinking about a problem that you may not want others to know. It's your choice.

Paid Questions & Answers: Unlike a Free Question, when a Paid Question is answered, the contents of the Paid Question and Answer are always kept private and are not visible to all Users of Expertily or to non-answering Professionals.

Conflict of Interest: Because Users submitting Paid Questions will be entering into a limited-scopeProfessional-client representation with a Professional, before Professional can enter into this relationship, Professional must first determine that there are no conflicts of interest (for example, conflicts of interest between the User and another client or former client of the Professional). In order to accomplish this, the Professional must be supplied with the full name and, if provided, zip code (postal code or equivalent) of the User. Similarly, Expertily administrators will have access to this information in order to ensure that it is properly transmitted to Professionals for the purpose of getting your question answered.

In posting a Paid Question, you are giving permission to Expertily to transmit this information to the Professional(s) and to provide access to this information to Expertily's administrators for this purpose. You understand that if Expertily has reason to believe that noncompliance of its Terms and Conditions has occurred, its administrators may review the communications between a User and the Professional to confirm whether such parties are in compliance. Expertily expressly agrees with respect to Paid Questions to respect and protect the confidentiality of any confidential client information or Professional-client privileged information contained in your Paid Question and in the answer provided by Professional. Other than as indicated above, we will not disclose this information to third parties without your permission except to respond to a legal process or comply with the law.

INTERNATIONALUSEAND EXPORT AND IMPORT COMPLIANCE

Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of Expertily and transfer, posting, and uploading of software, technology, and other technical data via Expertily may be subject to the export and import laws of India and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you represent and warrant that youare not a prohibited party identified on any government export exclusion lists or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations;will not transfer software, technology, and other technical data via Expertily to export-prohibited parties or countries; will not use Expertily for military, nuclear, missile, chemical, or biological weaponry end uses in violation of U.S. export laws; andwill not transfer, upload, or post via Expertily any software, technology, or other technical data in violation of U.S. or other applicable export or import laws.

USE OF SUBMITTED CONTENT

  1. No Confidentiality- The Website may now or in the future permit the submission of questions/feedbacks/post/videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, Expertily does not guarantee any confidentiality with respect to any Submitted Content. You agree that any Submitted Content provided by you for which you authorise to be searchable by Registered Users who have access to the Website is provided on a non-proprietary and non confidential basis. You agree that Expertily shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.You are aware that any information provided by you in the Submitted Content towards locating a professional who ordinarily is bound to maintain confidentiality under law with his/her client (i.e. a Lawyer or a Charted Accountant) is not extended to Expertily.
  2. No Confidentiality- The Website may now or in the future permit the submission of questions/feedbacks/post/videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, Expertily does not guarantee any confidentiality with respect to any Submitted Content. You agree that any Submitted Content provided by you for which you authorise to be searchable by Registered Users who have access to the Website is provided on a non-proprietary and non confidential basis. You agree that Expertily shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.You are aware that any information provided by you in the Submitted Content towards locating a professional who ordinarily is bound to maintain confidentiality under law with his/her client (i.e. a Lawyer or a Charted Accountant) is not extended to Expertily.
  3. Disclosure- Expertily may also disclose user information including personal information if Expertily reasonably believes that disclosure is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority; would potentially mitigate Expertily’s liability in an actual or potential lawsuit; is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity; to enforce this Agreement (including, but not limited to ensuring payment of fees by users); or as may be required or necessary to deter illegal behaviour (including, but not limited to, fraud).
  4. Representations & Warranties- You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, you affirm, represent, and/or warrant thatyou own or have the necessary licenses, rights, consents, and permissions to use and authorise Expertily to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and these Terms of Use; and you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and these Terms of Use. You agree to pay for all royalties, fees, and any other money owing any person by reason of any Submitted Content posted by you to or through the Website.
  5. Disclaimer-We DO NOT endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and Expertily expressly disclaims any and all liability in connection with all Submitted Content. Expertily does not permit copyright infringing activities and infringement of intellectual property rights on the Website. Expertily will remove any Data (as defined below) or Submitted Content if properly notified, pursuant to the "take down" notification procedure described in Point No. 10 below, that such Posting or Submitted Content infringes on another's intellectual property rights. Expertily reserves the right to remove any Data or Submitted Content without prior notice. Expertily will also terminate a user's access to the Website, if he or she is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/ or has had Submitted Content removed from the Website more than twice. Expertily also reserves the right, in its sole and absolute discretion, to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. Expertily may remove such Submitted Content and/or terminate a user's access for uploading such material in violation of these Terms of Use at any time, without prior notice and in its sole discretion.
  6. Waiver- You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources, and that Expertily is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Expertily with respect thereto, and agree to indemnify and hold Expertily, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Website, or transmit to other Website users. You understand and agree that Expertily may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.
  7. Suggestions: If you send or transmit any communications, comments, questions, suggestions, or related materials to Expertily, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Expertily is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that Expertily is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.

COPYRIGHT INFRINGEMENT

Expertily has high regard for intellectual property and expects the same level of standard to be employed by its users. Expertily may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at [email protected]

  1. Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.

  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit Expertily to locate the material.

  3. A written statement that you have a good faith belief that the disputed use is not authorised by the copyright and/or trademark owner, its agent, or the law.

  4. Information reasonably sufficient to permit Expertily to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

  5. An electronic or physical signature of the person authorised to act on behalf of the owner of an exclusive interest that is allegedly infringed; and a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorised to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the “Notice.”

  6. Only the intellectual property rights owner is permitted to report potentially infringing items through Expertily’s reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use.

THE EXPERTILY’S PROPRIETARY RIGHTS

  1. Intellectual Property Rights: The content on the Website (inclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by Expertily.
  2. Acknowledgement: You acknowledge and agree that Expertily and any necessary software used in connection with Expertily ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content present on the website or information presented to you through Expertily is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorised by Expertily or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, or create derivative works based on Expertily, such Content or the Software, in whole or in part. You agree that violations by you, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections or the terms of this Agreement will be lead to prosecution under the Indian Laws and Bylaws. The final choice of whether the Consumer is in violation of any of these policies is at the sole discretion of Expertily.
  3. Suggestions By Users: Expertily welcomes comments, suggestions and submissions by its Users including but not limited to messages, notes, feedback, artwork, communications, computer code or creative materials provided to Expertily. The act of commenting, suggesting or submitting shall act as a full assignment of all rights whatsoever (copyright, patentability, and intellectual property) to Expertily. Expertily shall have the right to use the same as its own for all legal purposes including but not limited to reproduction, disclosure, publishing, distribution and the like without any compensation to the Consumer. Except as expressly provided herein, no other right or license with respect to any copyrights, patent rights, trademark rights or other proprietary rights are granted under this agreement. All rights not expressly granted hereunder by Expertily are expressly reserved to Expertily and its licensors and information and content providers.
  4. Non-Transferable Rights: Only for the duration of being logged into the user’s valid account, Expertily grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to Expertily. You agree not to access Expertily by any means other than through the interface that is provided by Expertily for use in accessing Expertily.
  5. Prohibitions and Restrictions: No part of the materials including graphics or logos, available in this Site may be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, without specific permission.Your license to access and use the Site and its services are subject to the following additional restrictions and prohibitions on use. You may not (1) copy, print, republish, display, transmit, distribute, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site, or any information or materials retrieved there from; (2) use the Site or any other materials from the Site to develop, or as a component of, an information storage and retrieval system, database, infobase, or similar information resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (3) create compilations or derivative works of the Site or any other materials from the Site; (4) use the Site or any other materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Expertily or any third parties; (5) remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (6) make any portion of the Site available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future, without our express written consent; (7) remove, disable, defeat or change any functionality or appearance of the Site; (8) decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the site architecture; (9) use any automatic or manual process to harvest information from the Site; (10) use the Site for the purpose of gathering information for or transmitting (a) unsolicited commercial email; (b) email that makes use of our name or trademarks, including in connection with invalid or forged headers, invalid or non-existent domain names, or other means of deceptive addressing; and (c) unsolicited telephone calls or facsimile transmissions; (11) use the Site in a manner that violates any state or federal law regulating commercial email, facsimile transmissions or telephone solicitations; and (12) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws and regulations of the United States.

MODE OF PAYMENT

If the User wish to avail the paid service at Expertily, he/she will be asked to make the payment online via Debit Card / Credit Card / Net Banking, and entire fees has to be paid upfront. To make the payment online on our website you will be directed to a Fully Secured Third Party Payment Gateway (Payumoney) where you will have to provide your Debit/Credit Card/NetBanking details so as to process the payment. Expertily DOES NOT receive any of your Debit Card/Credit Card/NetBanking information and your information always remains with the Secured Third Party Payment Gateway from the beginning to the end of the transaction. The said information will not be kept longer than necessary for providing the services. You hereby agree that Debit/CreditCard/NetBanking details provided by you for making the payment will be correct and accurate and you also confirms and understand that you are not authorise to use the Debit Cards / Credit Cards that are not lawfully owned by you. Expertily cannot assist with a stop payment request for any payment scheduled using a Payment Account. In any such case, you must immediately and directly contact your credit/debit card company/bank.

CANCELLATION &REFUND POLICY

For smooth functioning of the website all the users will be provided with a unique Ticket No. at the time of placing a request for consultation. All the Users must remember their unique Ticket No. all the time. This number would be required to address any problems, if any.

Cancellation By User: In the event of cancellation of any paid consultation for which User had made the payment successfully and a Ticket No. has been generated, but the consultation has not been concluded due to any avoidable / unavoidable reason(s) we must be notified of the same in writing by an email at [email protected] In such a scenario 10% cancellation charges will be applicable on the refund amount in lieu of administrative fees and online payment processing, and it will be effective from the date we receive your email for cancellation of consultation.

Cancellation can be requested no later than 24 hours before fixed Consultation/Appointment time. Once the fixed consultation is cancelled you will be left with two options, either book a NEW CONSULTATION OR ASK FOR REFUND. If you wish to book a new consultation with the same or a different Professional you can very well do that and if you want your money to be refunded then we will return your money directly in your bank account with 15 business days from the date on which the request for cancellation was received.10% cancellation charges will be applicable on the refund amount in lieu of administrative fees and online payment processing.

Cancellation By Professional:In the event your request for consultation is accepted but post-payment due to unexpected and unavoidable circumstances, your request for consultation is rejected or cancelled by the Professional, our Customer Support Team will contact you immediately and update you on the same through phone call as well as through email. In this scenario as well you will be left with two options, either book a NEW CONSULTATION OR GET REFUND. We would advise you to book a new consultation with the same or a different Professionalor if you wish your money to be refunded then we will return your money directly in your bank account with 15 business days from the date on which the request was cancelled from professional’s end. 10% cancellation charges will be applicable on the refund amount in lieu of administrative feesand online payment processing.

Over-Charging:Sometimes due to technical glitches your credit card / debit card can be over charged while making the payment to us. If such a thing happens then we request you to notify us of the same at the earliest and we will refund the over-charged amount to your bank account within 15 working days. In the opposite situation, if the transaction amount during payment of the fees happens to be less than the actual fee amount, then we will ask you to make the payment of balance amount, and you are suppose to deposit the balance amount within 48 hours from the time you made the first payment.

Exceptional Refund Scenario: Apart from the scenarios mentioned and discussed above there are NO other scenarios under which we will provide a refund to the Users. But we always believe in maintaining harmonious relations with our users and therefore we will provide a refund in exceptional circumstances. First of all in such a scenario we with clear intention will try our best to mutually solve the problem. The maximum refund amount claimable from Expertly cannot exceed the amount paid by the user at Expertilyfor availing the Professional(s) service(s). No refund in any case whatsoever can be claimed from Expertily for the amount paid to the Professional(s) directly by the User.10% cancellation charges will be applicable on the refund amount in lieu of administrative fees and online payment processing.

SUSPENSION OF USERS ACCOUNT

We will put in our best efforts to make sure that payment made by you gets you the best service available, however we do not incur any liability and can cancel the service guaranteed to you in the event of one or more of the following reasons:

  1. If we haven't received your payment due to (including but not limited) stoppage of payment either by you or your bank, insufficient funds, fraudulent access, failure of processing the request by our Fully Secured Online Payment Partner or your bank.
  2. In circumstances beyond the control of Expertily, such as, (including but not limited to) fire, flood, or interference from external forces) prevent proper execution of the transaction.
  3. If even after repeated requests, you have failed to provide us with your real personal information (name, phone number, email etc.) or your payment account information.
  4. If even after repeated requests, you fail to provide us more information regarding your case (if asked by the lawyer before the consultation).
  5. If you break any rules mentioned in our Website’s Terms and Condition.

DISCLAIMERS

  1. You acknowledge that your use of the Expertily Services is solely at your own risk, and that you assume full responsibility for all risks associated therewith. To the extent that any of the Content included on Expertily is provided by third party content providers or other users, we have no editorial control or responsibility of such content appearing on Expertily. All information, products or services contained on or provided through this website are provided "as is", without any warranty of any kind, express or implied, to the fullest extent permissible under applicable law. Expertily and its Affiliates hereby disclaim all representations and warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, appropriateness, title, non-infringement and freedom from virus strains.
  2. Expertily does not review or approve the questions or answers submitted to Expertily. The views expressed therein are those of the posting Users and Professionals and do not necessarily reflect those of Expertily. Expertily assumes no responsibility for the posts or the information contained therein, nor does it make any claims, promises or guarantees about the accuracy, suitability, competence or completeness of any of the information or advice in the posts. Use the advice and information provided at your own risk.
  3. By submitting a Free Question to Expertily, you understand and agree that your question and any answer provided by Professional will become part of the Expertily public database and the sole property of Expertily unless you choose that your question be not displayed. Thus, as to all Free Questions and any answers, you agree that, without any compensation to you, Expertily will own all rights to the submitted questions and answers (including any intellectual property and moral rights) and will have the sole unrestricted right to use, reproduce, edit, modify, sell, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the submitted content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in the content.
  4. The Site may contain 'hyperlinks' to websites neither owned nor controlled by us and we are not responsible for, and, unless otherwise noted specifically, make no representations or endorsements with respect to these sites or with respect to any service or product associated with these sites. By including these hyperlinks, we do not mean to state or imply that we sponsor, are affiliated with, or are legally authorised to use any trade name, registered trademark, service mark, logo, legal or official seal, or copyrighted symbol that may be reflected in the hyperlinks.
  5. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
  6. Without limiting the foregoing, Expertily and its affiliates make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Expertily products and services provided hereunder. Expertily makes no representations or warranties about the satisfaction of government regulations.
  7. Expertily will take all necessary precautions to protect itself against failure of our hardware and our software. The User acknowledges and agrees that temporary interruptions in service may occur, and that Expertily shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. Expertily makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. The User acknowledges and agrees that in the event of failure, restoration of service may take several days.
  8. We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not warrant or represent that the information available on or through the Site will be correct, accurate, timely, or otherwise reliable. We may (but are not obligated to) make improvements and/or changes to its features, functionality or content of the Site at any time. In no event shall we be liable for any such errors or defects.

DISCLAIMER OF WARRANTIES

You agree that your use of the website shall be at your own risk. To the fullest extent permitted by law, and Expertily.com and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with this website, the services offered on or through this website, any data, materials, submitted content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this website, including without limitation the materials, data and submitted content of other users of this site or other third parties. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this website, the services offered on or through this website, data, materials, submitted content, and any information or material contained or presented on this website is provided to you on an "as is,""as available" and "whereis" basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights.

Expertily.com does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the website or submitted content, any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, any interruption or cessation of transmission to or from the website, any defamatory, offensive, or illegal conduct of any third party or service user or service provider, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the website or submitted content posted, emailed, transmitted, or otherwise made available via the website.

Expertily.com does not endorse, warrant, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked site or featured in any banner or other advertisement. Expertily.com will not be a party to or in any way be responsible for monitoring any transaction between you andprofessional(s), and the publishing or posting of any material through any medium or in any environment, you should use your best judgment and exercise caution where appropriatewe do not guaranty the accuracy or completeness of any content or services and we do not guaranty in any services or goods associated with the site will be error-free or uninterrupted, or that any service or good will continue to be available.

Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No information, whether oral or written, obtained by you from us or through or from the site shall create any warranty not expressly stated in this agreement.

Limitations of liability

  1. In no event shall Expertily, or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, professionalsor agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any (i) access to or use of the website or any services offered by any professional(s) via the website, including services provided pursuant to an agreement formed independently of the website, whether or not an agreement for service formed via the website is in effect; (ii) errors, mistakes, or inaccuracies of data, marks, content, information, materials or substance of the website or submitted content; (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party; (v) any interruption or cessation of transmission to or from the website; (vi) any errors or omissions in any data, content, information, materials or substance of the website or submitted content; (vii) any failed negotiations for a service, any disputes that arise during or after the negotiation of a service or the formation of a contract for a service, or any other dispute that arises between users of the website; (viii) any defamatory, offensive, or illegal conduct of any third party or service user or professional(s); or (ix) any use of any data, marks, content, information, materials or substance of the website or submitted content posted, emailed, transmitted, or otherwise made available on or through the website, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Expertily is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
  2. In no event shall the total, aggregate liability of Expertily, or any of the above-referenced respective parties, arising from or relating to the website, and/or submitted content exceed the total amount of fees actually paid to Expertily by you hereunder.
  3. In no even Expertily will be liable for any kind of loss or injury incurring out of consultation with the professional. Expertily takes no responsibility in the actions taken between the Professional-Client relationship, and whatever happens in that relationship is the sole responsibility of concerned professional and the client. You hereby acknowledge and agree that Expertily shall not be liable for the acts done by professional(s), as you (user) hires the professional and Expertily has no role to play once the professional is hired by the user. All the actions and inactions of the professionals and clients are not in control of the Expertily and it can not be held liable for the same.
  4. You hereby acknowledge and agree that Expertily shall not be liable for submitted content or the defamatory, offensive, or illegal conduct of any third party or service user or service provider and that the risk of harm or damage from the foregoing rests entirely with you. You further acknowledge and agree that Expertily shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from or relating to any contract between website users entered into independently of the website.
  5. The website may contain links to third-party websites that are not owned or controlled by Expertily. Expertily does not have any control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Expertily will not and cannot censor or edit the content of any third-party site. By using the website, you expressly relieve Expertily from any and all liability arising from your use of any Expertily website. Accordingly, please be advised to read the terms and conditions and privacy policy of each third-party website that you visit, including those directed by the links contained on the website.
  6. Force majeure: neither Expertily nor you shall be liable to the other for any delay or failure in performance under the terms of use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, flood earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of god, acts of declared or undeclared war, act of regulatory agencies or national disasters.

Indemnification and Release

  1. You agree to defend, indemnify and hold harmless Expertily, and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from your use of, access to, and participation in the website; your violation of any provision of the terms of use, including the privacy policy; your violation of any third-party right, including without limitation any copyright, property, proprietary, intellectual property, or privacy right; or any claim that your submitted content caused damage to a third party. This defines and indemnification obligation will survive these terms of service and your use of the website. Under no circumstances, including negligence, shall Expertily including (it’s affiliates) or anyone else involved in creating, producing or distributing Expertily’s services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Expertily’s services.
  2. If you have a dispute with one or more website users, you forever release Expertily (and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, agents, subsidiaries, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the website and/or any submitted content.
  3. The terms of use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Expertily without restriction.You shall defend, indemnify, save and hold Expertily, its affiliates harmless from all demands, liabilities, claims and expenses, including professional’s fees, fees of third parties relating to or arising under this agreement, the services provided hereunder or your use of the services, including without limitation, infringement by you or someone else using the service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided.when we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your agreement and may result in deactivation of your service(s) with immediate effect.
  4. Notwithstanding the above, the user's exclusive remedies for all damages, losses and causes of actions whether in contract, including negligence or otherwise, shall not exceed the aggregate amount, which the user paid directly to Expertily for the service in question. Such limitations shall apply to Expertily total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorised access to, alteration of, or use of records, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.
  5. In no event shall Expertily nor any of its affiliates be liable for any direct damages in excess of the purchase price for the product. In addition, to the maximum extent permitted by law, in no event shall Expertily nor any of its affiliates be liable for any special, punitive, indirect, incidental or consequential damages, including but not limited to personal injury, wrongful death, loss of use, loss of profits, interruption of service or loss of data, whether in any action in warranty, contract, tort (including, but not limited to negligence or fundamental breach), or otherwise arising out of or in any way connected with the use of, or the inability to use, this website or any service offered through this website or any material or information contained in, accessed through, or products purchased on this website, even if an authorised representative of Expertily is advised of the likelihood or possibility of the same. To the extent certain jurisdictions restrict any of the above limitations of liability; such limitations shall not apply in such jurisdictions to the extent of such restrictions.

Modifications to or termination of the website

  1. Modification or cessation of website: Expertily reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice and in its sole discretion. You agree that Expertily shall not be liable to you or to any third party for any modification, suspension or discontinuance of Expertily services.
  2. Termination by Expertily: you hereby acknowledge and agree that Expertily, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your account, block your email or ip address, cancel the website or otherwise terminate your access to or participation in the use of the website (or any part thereof), or remove and discard any submitted content on the website ("termination of service"), immediately and without notice, for any reason, including without limitation, account inactivity or if Expertily believes or has reason to believe that you have violated any provision of the terms of use.
  3. Termination by you: you may cancel your use of the website and/or terminate the terms of use with or without cause at any time by following the link in your account under "account preferences" to "deactivate account.”
  4. Effect of termination: upon termination of your account, your right to participate in the website, including, but not limited to, your right to purchase services and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate.
  5. You acknowledge and agree that your right to receive any fees or compensation hereunder is conditional upon your proper use of the website, your adherence to the terms of use, the continuous activation of your account, and your permitted participation in the website. In the event of termination of service, your account will be disabled and you may not be granted access to your account or any files or other data contained in your account. Notwithstanding the foregoing, residual data may remain in the Expertily system. Unless Expertily has previously cancelled or terminated your use of the website (in which case subsequent notice by Expertily shall not be required), if you provided a valid email address during registration, Expertily will notify you via email of any such termination or cancellation, which shall be effective immediately upon Expertily’s delivery of such notice. Upon termination of service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of Expertily data (as defined below), marks (as defined below) and other content in your possession or control. You further acknowledge and agree that Expertily shall not be liable to you or any third party for any termination of your access to the website. Upon termination of service, Expertily retains the right to use any data collected from your use of the website for internal analysis and archival purposes, and all related licenses you have granted Expertily hereunder shall remain in effect for the foregoing purpose. In no event is Expertily obligated to return any submitted content to you. You agree to indemnify and hold Expertily, and its officers, managers, members, affiliates, successor, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the termination of service.
  6. Assignment: we may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the site regarding any change of ownership so that you have the opportunity to discontinue your use of the site or cancel your registration if you do not wish to continue to use the site and the services under the new ownership. You may not assign, transfer or sublicense these terms of use to anyone else and any attempt to do so in violation of this section shall be null and void.

No commercial reuse of Expertily

You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion or use of, or access to, Expertily (including content, advertisements, software, and your Expertily user id).

Notice

Expertily may provide you with notices, including those regarding changes to the user agreement, including by but not limited to email, regular mail, sms, mms, text message, postings on Expertily, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this user agreement by accessing Expertily in an unauthorised manner. Your agreement to this user agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed Expertily in an authorised manner.

Trademark information

You agree that all of Expertily trademarks, trade names, service marks, and other Expertily logos and brand features, and product and service names are trademarks and the property of Expertily (the “Expertilymarks"). Without Expertily’s prior permission, you agree not to display or use the Expertily marks in any manner.

General information

  1. Entire agreement: the user agreement constitutes the entire agreement between you and Expertily and governs your use of Expertily, superseding any prior version of this user agreement between you and Expertily with respect to Expertily. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Expertily services, affiliate services, third-party content or third-party software.
  2. Choice of law and forum: this agreement constitutes the entire understanding of the parties, and is agreed to being entered into within the jurisdiction of new New Delhi, India and shall be governed by and shall be construed in accordance with the laws of the republic of india, without giving effect to any choice of law rules or principles. Any dispute with Expertily shall exclusively be subject to the jurisdiction of the appropriate courts situated at New Delhi, India. No party shall object to removal or prosecution of any litigation to a court within the jurisdiction of New Delhi, India. Any cause of action or claim you may have with respect to Expertily must be commenced within one (1) year after it arises, except to the extent such litigation is not enforceable. To the fullest extent permitted by law, each party to this terms of use waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to the Expertily services or website. Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this terms of use, shall not be considered waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver.
  3. Waiver and severability of terms: the failure of Expertily to exercise or enforce any right or provision of the user agreement shall not constitute a waiver of such right or provision. If any provision of the user agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the user agreement remain in full force and effect.
  4. No right of survivorship and non-transferability: you agree that your Expertily account is non-transferable and any rights to your Expertily user id or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
  5. Statute of limitations: you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Expertily or the user agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  6. Users consent: your affirmative act of using this site and/or registering for the site or the services constitutes your electronic signature to these terms of use, privacy policy that shall be deemed to be a part hereof and incorporated herein by reference and your consent to enter into agreements with us electronically.

The section titles in the user agreement are for convenience only and have no legal or contractual effect.

Professional ethics notice

If you are a professional, participating in any aspect of this website, you acknowledge that rules of professional conduct apply to all aspects of your participation and that you will abide by such rules. The rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorised practice of your respective profession, and misrepresentations of fact. We disclaim all responsibility for your compliance with these rules.

Section headings

The section headings in the terms of use are for convenience only and have no legal or contractual effect.