"We or us" means Expertise Direct.com (registered company number 582310),
"You", "means the party who visits and/or uses this website
a reference to the "website" means Terms:
"We or us" means Expertise Direct
"You", means the party who visits and/or uses this website
A reference to the "website" means www.expertisedirect.com
These Terms will apply to any contract between you and us for the use of our Site by you ("Contract"). Please read these Terms carefully and make sure that you understand them, before using our site. Please note that before using our site, you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to use our site.
You should print a copy of these Terms or save them to your computer for future reference.
We may amend these Terms from time to time without any notice to you. Every time you wish to use our site please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
Definitions. In these Terms, the following definitions apply:
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in Ireland are open for business.
Contract: the contract between us for the use of our Site in accordance with these Terms.
Event Outside Our Control: any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties including our suppliers, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Terms: the terms and conditions set out in this document and all referenced links on our site used by you, as amended from time to time.
CONSTRUCTION. In these Terms, the following rules apply:
A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
A reference to a party includes its personal representatives, successors or permitted assigns.
A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
A reference to writing or written includes faxes and emails.
INFORMATION ABOUT US
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
You will not be able to access the CONSUMERS or Third Party Professionals from our site unless you have registered on our site as an Expertise Direct member. The sign up / log insection page on our site will guide you on how to do this, and sets out the conditions you must satisfy in order to register.
Our site will guide you through the steps you need to take, to place an order for connection to a third party consultation from our site. You, the user, are responsible for ensuring that the terms of your order, any specification (where relevant) and any details you submit are complete and accurate. We hold no responsibility or liability for any incorrect placed orders. Your order constitutes an offer by you to purchase the connection to the third party consultation in accordance with these Terms. Any interaction between users and registered experts is solely at the users and experts discretion and all advice received by consumers on this platform is independent of Expertisedirect.com. Under 18's are not permitted to use this site unless under the strict supervision of a parent or guardian
ExpertiseDirect.com provides a platform to enable consultation between user and expert and is not responsible for any advice provided during consultations.
All advise received by consumers from the platform ExpertiseDirect.com is independent of ExpertiseDirect.com.
BASIS OF CONTRACT
If you are entering into the Contract on behalf of a business, you confirm that you have the requisite authority to bind any business on whose behalf you use our site to purchase Products from us.
These Terms apply to the Contract to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
The Contract constitutes the entire agreement between the parties. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty (whether made innocently or negligently) made or given by us or on our behalf (whether written or oral) which is not set out in these Terms or any document expressly referred to in them.
You the expert agree that all interaction with the consumer is independent of ExpertiseDirect.com which is a platform linking you with the consumer.
You the expert agree that ExpertiseDirect.com has no influence over the advice that you provide to the consumer and this advice is independent of ExpertiseDirect.com.
You the expert agree that you indemnify us against any actions taken against you for advice given on this site as ExpertiseDirect.com has no knowledge or control over any advice you have given on this site
You the expert agree that any complaint made against you by a consumer in relation to advice you have provided to the consumer will be dealt with appropriately by you or the company you represent and that you will in no way communicate to or involve ExpertiseDirect.com in proceedings in this case.
You the expert agree that you receive payments for the advice given to the consumer, via your PayPal account. This payment will be on a pay per second basis and you agree that the ExpertiseDirect.com commission of 10% (plus Irish VAT rate where applicable) will be deducted automatically from your PayPal account upon termination of the consultation. This 10% (plus Irish VAT rate where applicable) commission is independent of any PayPal charges due on the consumer payment and on the transfer of the commission to Expertise Direct.com. (Link to PayPal terms and conditions).
ExpertiseDirect.com reserves the right to terminate your profile in the event of multiple negative feedbacks or prolonged inactivity on ExpertiseDirect.com website.
The Expertise Direct website will facilitate Expertise Direct members locating and engaging with their requested expert in order to ask questions or seek professional advice. Any and all discussions, consultations, or advice offered are provided by you the expert on a third party basis only. Expertise Direct DOES NOT provide advice. All experts as referenced on the Expertise Direct website are NOT employees or Agents of Expertise Direct. Expertise Direct is simply the platform to facilitate to the connection between you the Expert and the Consumer or third-party professional. Expertise Direct accepts no responsibility of liability for any incorrect or inaccurate advices provided or any omission by you the Third Party professionals.
Any images on our site are for illustrative purposes only.
USE OF OUR SITE
8.3 Customers must only use the hosting service and website in a lawful manner that is consistent with these Terms & Conditions. No Customer may provide access to the Expertise Direct network or Expertise Direct services to any third party, without the express written consent of Expertise Direct.
8.4 Further, you shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us in connection with any claim made against us for actual or alleged infringement of a third party's rights arising out of or in connection with your use of the Website. This clause 8.4 shall survive termination of the Contract.
The connection to the consumer or other Third Party experts will be made available to members only through our website www.expertisedirect.com.
In addition to the Expertise Direct Platform on our Site, or a portion thereof, may also be made available via third party websites. If you have accessed the Expert Platform, or any portion thereof, via a website operated, managed, maintained or controlled by a third party, your use of such website may be subject to terms and conditions imposed by such third party. Expertise Direct is not responsible or liable for any terms, conditions, policies, acts or omissions of any such third parties.
Expertise Direct is in no way responsible for any Customer or Third Party Professional content that is delivered or stored on the Expertise Direct site or system.
Expertise Direct will not be liable for any information or content provided the Customer or the Third Party Professional. The member must ensure that at all times the information obtained or stored by them is in line with all legal and statutory requirements, together with these terms and conditions. The transmission, storage, or distribution of content that is in violation of any applicable domestic or foreign law or regulation is strictly prohibited.
Expertise Direct does not monitor content, advices or discussions as between the Member and you the Third Party Professional.
The Third Party professional is at all stages liable for their own information and advice, to include the safety and protection of same, together with the legality of its content.
DISCLAIMER OF WARRANTY
Please note that you the Third Party Experts ARE NOT an employee or agent of Expertise Direct. Expertise Direct does not provide any endorsement, recommendation, or verification as to qualification or expertise of you the Third Party Professional. It is strictly a matter for the member to ensure that they have carried out the review of you the expert prior to engaging their services and that you have provided a comprehensive and reliable description of your area/areas of expertise.
Expertise Direct does not warrant or guarantee the advice, opinion or recommendation of any Third Party Professional utilised by the member as located on the Website.
The use of the Expertise Direct website is at the member's sole discretion and risk.
Any information, advice, opinion or recommendation received from you the third party professional by the member may or may not be relied upon. This will be strictly a matter for the member. The purchase of the Third Party Professionals information, advice, opinion or recommendation is strictly at the member's discretion and risk.
To the fullest extent of the law, Expertise Direct DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, BEING FIT FOR USE, INFRINGMENT OF THIRD PARTY RIGHTS, SECURITY OF INFORMATION HELD, OR ACCURACY OF INFORMATION PROVIDED.
Expertise Direct will not be liable or responsible for enforcing any agreement (disputed or otherwise) as made between you the Third Party Expert and other Members. This would be at the sole direction of the Member or you the Third Party Professional.
In the event of a dispute pertaining to any transaction conducted via the Website, you the Third-Party Expert hereby RELIEVES and REMOVES and INDEMNIFIES Expertise Direct from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, legal and court costs pertaining to the said dispute.
Expertise Direct.com does not provide the payment solution on the Expertise Direct platform. This payment solution is provided by PayPal and as such is solely governed by the terms and conditions of PayPal. It is of the upmost importance that You read and fully understands the terms and conditions of usage of the PayPal system including but not limited to: pre-authorisation of payments and the non-guarantee of sufficient funds following payment request etc. prior to registering on this site. By agreeing to register on this site, it is understood that you fully accept the terms and conditions implemented by PayPal which are outside the control of ExpertiseDirect.com. ExperiseDirect.com does not accept any liability for non-payment of a transaction between consumer and Third-Party Expert as this payment solution is independent of ExpertiseDirect.com. It is left to the sole discretion of the member to ensure the availability of funds in their PayPal account for payment of expert advice received.
All content included in or made available through the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Expertise Direct or its content suppliers and protected under international copyright law. The unauthorised use of Copyrighted material from the website is strictly prohibited.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the website are trademarks of EXPERTISE DIRECT. Trademarks may not be used without the expressed written authority of us. The unauthorised use of the EXPERTISE DIRECT trademarks is strictly prohibited.
PRICE AND PAYMENT
The prices of the use of third party professionals are individually set by you the professional at your discretion and shall be agreed and discharged prior to connection with the member.
Expertise Direct does not take a fee from the registered consumer member and any fees paid by the consumer via the Expertise Direct platform are made directly to the third party professional
You shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). We may at any time, without limiting any other rights or remedies we may have, set off any amount owing to us by you against any amount payable by us to you.
TERMINATION AND SUSPENSION
Without prejudice to any other rights or remedies which the parties may have, EXPERTISE DIRECT may terminate this Agreement without liability to the member immediately on giving written notice to the member if:
You the Third Party expert fails to pay any amount due under this Agreement on the due date for payment and remains in default not less than 5 days after being notified in writing to make such payment;
You the Third Party expert commits a material breach of any of the material terms of this Agreement and such breach (if capable of remedy) is not remedied within 5 days of that party being notified in writing of the breach;
If you become subject to any of the events listed in clause 16.3, we may terminate the Contract with immediate effect with or without written notice.
For the purposes of clause 16.2 the relevant events are:
You suspend, or threaten to suspend, payment of your debts, or are unable to pay your debts as they fall due or admit inability to pay your debts, or (being a company or limited liability partnership) shall enter into liquidation whether compulsory or voluntary (save only a voluntary liquidation for the purpose of reconstruction or amalgamation) or a Receiver is appointed to, or (being an individual) are deemed either unable to pay your debts or as having no reasonable prospect of so doing, or (being a partnership) have any partner to whom any of the foregoing apply;
You commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or make a proposal for or enter into any compromise or arrangement with your creditors other than (where you are a company) where these events take place for the sole purpose of a scheme for a solvent amalgamation of that company with one or more other companies or the solvent reconstruction of the company in question;
(Being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the company, other than for the sole purpose of a scheme for a solvent amalgamation of that company with one or more other companies or the solvent reconstruction of the company in question;
(Being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the company;
(Being a company) the holder of a qualifying floating charge over the company's assets has become entitled to appoint or has appointed an administrative receiver;
A person becomes entitled to appoint a receiver over your assets or a receiver is appointed over your assets;
(Being an individual) you are the subject of a bankruptcy petition or order;
A creditor or encumbrancer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of your assets and such attachment or process is not discharged within 14 days;
Any event occurs, or proceeding is taken, with respect to you in any jurisdiction to which you are subject that has an effect equivalent or similar to any of the events mentioned in these terms.
You suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business;
Your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy; or
(Being an individual) you die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or become a patient under any mental health legislation.
To protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, fraudulent, unethical or legally actionable activity.
Without limiting our other rights or remedies, we may suspend provision of the service under the Contract or any other contract between us and you if you become subject to any of the events listed in clause 16.3 or we reasonably believe that you are about to become subject to any of them, or if you fail to pay any amount due under this Contract on the due date for payment.
On termination of the Contract for any reason you shall immediately pay to us all of our outstanding unpaid invoices and interest.
Termination of the Contract, however arising, shall not affect any of the parties' rights, remedies, obligations and liabilities that have accrued as at termination.
Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
EVENTS OUTSIDE OF OUR CONTROL
We shall not be liable for any failure or delay in performing our obligations under the Contract to the extent that such failure or delay is caused by an Event Outside Of Our Control.
Assignment and other dealings.
We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of our rights or obligations under the Contract.
You may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights or obligations under the Contract without our prior written consent.
Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid airmail post, commercial courier, fax or email.
A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to, if sent by pre-paid airmail post, at 9.00 am on the fifth Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or email, one Business Day after transmission.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
Waiver. A waiver of any right or remedy under the Contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Third party rights. A person who is not a party to the Contract shall not have any rights to enforce its terms.
Variation. Except as set out in these Terms, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effected by you unless it is in writing and signed by us. We retain the right to amend these Terms and Conditions.
Governing law. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of Ireland.
Jurisdiction. Each party irrevocably agrees that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).