Welcome to www.askanexpert.expert (the "Site"), the website that is a platform for on-line advice and professional consulting services. The site is owned and/or operated by The HORD Limited. ("Site Provider"). These terms and conditions (this "Agreement") sets and contains the terms and conditions between you, an expert in your field ("Expert") and the Site Provider.
By submitting your details on the Ask an Expert registration forms, you are agreeing to be bound by this Agreement. You should therefore read this Agreement carefully.
If, however, you do not agree to be bound by this Service Agreement, click the "Clear" button and do not register as an Expert on the platform.
YOU AGREE THAT BY USING THIS SERVICE, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
You affirm that: (i) all of the information submitted in connection with this application is accurate, current, and complete; (ii) You have read, understand and agree to be legally bound by the rules and the contract governing the use of this service (including that You will use the service in conformity with your regulatory bodies), (iii) You have read, understand and agree that by typing Your (or business name) below, that You (or your business) will be legally bound by the terms and conditions of the Ask an Expert platform; and (iv) the obligation of this agreement extend to you and any relevant parties through which you perform services.
The Site provides a platform where an Expert may present his or her expertise and sell advice or customer services to interested Site users ("Customers").
The Site's services depend upon different factors such as; software, hardware and communications networks of the Site Provider, its partners, contractors and suppliers. Hence, the Site Provider cannot guarantee that the Site will not be interrupted or that it will be timely, secure or error-free The Site Provider, in its sole discretion and for any reason, may terminate your participation in the Site and refuse access by you to any, and all current or future use of the Site.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE IS BEING PROVIDED FOR USE AS IS. THE USE OF THE SITE IS ACCORDINGLY BEING MADE AT YOUR SOLE AND ENTIRE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. THE SITE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY ITS MEMBERS.
If you decide to provide your services using the Site, you must exercise a reasonable standard of care, at least the same as a professional advisor would in a similar transaction not conducted through the internet, or the standard of care mandated by your profession, whichever is higher. You shall not have any plea, claim or demand against the Site Provider, its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents in respect of any services you provide in connection with the use of the Site.
The Site Provider will not be deemed by the provider or recipient of any services acquired through the Site.
Under no circumstances will the Site Provider, its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents be liable to any Expert for any indirect, incidental, consequential, special, punitive or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage).
However, if it arises, whether in action of contract, negligence, or other tortious action, or arising from the services or any provision of this agreement. The Site Provider, its affiliates, their respective officers, directors, shareholders, employees, sub-contractors and agents' aggregate liability for direct damages arising with respect to this agreement will not exceed the lesser of the total amount of money paid to the Site Provider by you through the Site in the six month period prior to the date the claim arose and NGN1000.
You acknowledge and agree that the Site Provider disclaims any liability with respect to any claim, suit or action brought by a Member in connection with provision of any services by you (including, without limitation, representations by you as to your qualifications and advice) through the Site.
The Site Provider will not be liable for enforcing any agreement that were made between you and any Member, including any Expert Fee Agreement, and you will be solely responsible for any such agreement. You further acknowledge and agree that you will solely be responsible and liable for any damages to any Member to whom you provide services and where that Member suffers damages arising from or connecting to such services.
In the event of a dispute regarding any transaction conducted through the Site, you hereby release the Site Provider and its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents 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, court costs and attorney's fees, which you may have against one or more of the above.
By submitting the Expert registration form, you represent, warrant and agree to the following:
In addition, you also agree that you:
You acknowledge and agree that you are solely responsible for your own Content/Details/Information posted/uploaded on, transmitted through, or linked from the Service and the consequences of posting, uploading, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content/Details/Information that you upload, email or otherwise make available via the Service. In connection with such Content/Details/Information posted on, uploaded, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: (i) you own or have and shall continue to, for such time the Content/Details/Information is available on the Website/Mobile App, have the necessary licenses, rights, consents, and permissions to use such Content/Details/Information on the Service and Website/Mobile App (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content/Details/Information) and authorize The HORD Limited to use such Content/Details/Information to enable inclusion and use of the Content/Details/Information in the manner contemplated by the Service, the Website/Mobile App and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content/Details/Information to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content/Details/Information in the manner contemplated by the Service, the Website/Mobile App and these Terms. For clarity, you retain all of your ownership rights in your Content/Details/Information; however, by submitting any Content/Details/Information on the Website/Mobile App, you hereby grant to The HORD Limited. an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content/Details/Information in connection with the Website/Mobile App and The HORD Limited (and its successors') business, including without limitation for the purpose of promoting and redistributing part or all of the Website/Mobile App and Content/Details/Information therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by The HORD Limited in order to host and display your Content/Details/Information. Furthermore, by you posting/uploading Content/Details/Information to any public area of the Service, you agree to and do hereby grant to The HORD Limited all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content/Details/Information on the Service or Website/Mobile App by any party for any purpose. You also hereby grant each user of the Website/Mobile App a non-exclusive license to access your Content/Details/Information through the Website (this license excludes scrapping cases and any other possible use with commercial purposes). The foregoing license to each user granted by you terminates once you or The HORD Limited remove or delete such Content/Details/Information from the Website/Mobile App.
The HORD Limited does not endorse any Content/Details/Information or any opinion, statement, recommendation, or advice expressed therein, and The HORD Inc. expressly disclaims any and all liability in connection with user Content/Details/Information. The HORD Limited does not permit copyright infringing activities and infringement of intellectual property rights on the Website/Mobile App, and The HORD Limited may, at its sole discretion, remove any infringing Content/Details/Information. The HORD Limited reserves the right to remove any Content/Details/Information without prior notice. The HORD Limited may also terminate a user's access to the Website/Mobile App, if they are found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Website/Mobile App more than twice. Further, at its sole discretion, The HORD Limited reserves the right to decide whether any Content/Details/Information is appropriate and complies with these terms.
You will be solely and fully liable for all conduct, services, advice, postings and communications made under your username and password. You represent, warrant and declare that while you are using the Site as an Expert, you will act according to the following rules:
P.S: The Site Provider may change the above-mentioned minimum session fee at any time and without warning, and even remove old ratings given for paid sessions with a fee lower than any newly set minimum fee.
Site Provider will use reasonable efforts to process each Member's bank card (or chosen payment method) for the minimum withdrawal amount agreed upon based on Expert Connection plan.
The Expert will initiate via their portal a withdrawal request, which will be processed within seven (7) working days from the execution date of each transaction.
The Site's commission structure (the "Commission") and Expert connection fees ("Expert Connection Fees") will be as follows:
Commission and Connection Plan Fees are calculated as defined below, and subject to the expert referral, system based on the selected Connection plan the expert was place upon:
The Connection Fee is paid upfront during expert registration. However, the site provider can waiver this connection fee at their discretion.
All clusters/plans of 20% flat on live chats per individual session except for those on the Diamond Plan that are free chats.
Commissions will not apply to any advice or information given free (in accordance with these Terms and Conditions).
A "Live Chat Session" includes a session between an Expert and a Customer via voice, chat, video or any other medium other than via e-mail. The Commission for Live Sessions remains at the rate identified above regardless of the session amount.
The Commission is been deducted from the total Expert Fee generated for the Live Chat Session.
The Site Provider reserves the right to modify the Fees at any time without prior notice. However, the Site Provider will use reasonable efforts to notify the Experts in advance of any such change via e-mail and/or messages in the Expert's "Mailbox" found under the "Expert Portal" menu, and/or posting modifications to the Site.
Additionally, administrative fees may apply for certain additional administrative functions provided by the Site, which may include, but is not limited to, cancelling checks, resending checks to a new address, or initiating wire transfers.
For Experts who simultaneously participate as Members, the Site Provider shall be entitled to transfer or set-off payments from your pending earnings against your outstanding balance as a Member.
The Site's billing system is not error-free, and the Site Provider shall not be liable for any problems, miscalculations or malfunctions in processing Expert Fees or other payments due to you. If you think that, a mistake has occurred you must send your complaint to the Site's Customer Service department within 30 days of discovery of such mistake.
When you create and open an account with the Site, you will be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password and username and any other security information related to your account.
You will be fully responsible for all activities that occur under your account, username or password.
You may not use the account, username or password of any other Expert or Member at any time.
You will immediately notify the Site Provider of any unauthorized use of your password, username, e-mail or any other breach of security. The Site Provider encourages Experts to change their password frequently. The Site Provider will not be liable for any loss that you incur because of any breach of your account, either with or without your knowledge. You may be held liable for any losses incurred by the Site Provider due to someone else's use of your account or password.
In order to use the Site, both Members and Experts must first complete the registration form. During registration, Expert is requested to provide contact information, such as name and e-mail address, also encouraged to provide additional personalized information (such as experience and qualifications) and unique professional qualification identifiers, so the Site Provider may easily verify your experience to activate you on the Site.
In such case, you may decide whether you wish to provide such information or not. Any information or content that you post or transmit through the Site will not be considered as your confidential information.
You grant the Site Provider an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, process, control, publicly perform and create derivative works, communicate to the public or any third party any such information and content on a world-wide basis. In addition, the Site Provider may disclose your information in accordance with the "Use of Data" section below.
The Site provides a platform for registered Experts to provide Members with advice that they seek. By utilizing the Site, Experts and Members can negotiate and enter into a contract for advice.
The Site Provider does not screen or edit the content of communications between Experts and Members, but the Site Provider may screen, copy, transmit and review all communications conducted by or through the Site for technical support and/or in order to uphold the terms of this Agreement. Such communications are, as between Expert and Member, confidential, personal and private unless both the Member and the Expert agree to other distribution, for example, by posting questions or services on the Public Board (described below).
The Site has a Public Board available to its Experts and Members. The Public Board allows Members to post questions or request services that can be viewed by all Experts. Requests may be posted anonymously.
A Member can designate the length of time they wish to have their question remain "in view" on the public board. All such postings are public until a Member enters into a personal negotiation with an Expert. All subsequent communications between the Member and Expert, including both the negotiation phase and the actual relaying of service, are not available to other Site Members and are confidential between the Expert and Member. Certain live chat transcripts between Members and Experts are stored on the Site servers are available for review by Experts and Members for a certain amount of time, if the transcripts are of a paid session.
The Site denotes to its users which communications are visible to the public and those that are visible to specific, individual users only.
The Site Provider may disclose your information, including but not limited to personal information, transcripts, surveys, and recordings, if the Site Provider reasonably believes that disclosure:
The Site and the Site Provider may use the details of transactions executed through the Site for promotional and informational purposes and publish their details on the Site, if such publication will not identify the Expert or Member in any means other than their Screen Name.
The Site Provider may in its discretion, create co-branded Websites with its partners. In such case, the Expert listings may appear in the co-branded site, but the Site Provider will not transfer any personally identifiable information about the Expert to the other Website without receiving the Expert's prior consent. The co-branded sites are maintained on servers maintained and controlled by the Site Provider.
The Site Provider may record the website from which a visitor has linked to the Site. If a visitor registers to become a Member and/or an Expert, the Site Provider may track the partner's name, in order to further the relationships the Site Provider has with its partners.
The Site Provider makes no claim that the content of the Site is appropriate or may be downloaded outside Nigeria at this stage. If you access the Site from a location outside the Nigeria, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content.
The Site Provider may include in the Site advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the Expert may be shifted to a Website of the advertiser or receive other messages, information or offers from the advertiser. You acknowledge and agree that the Site Provider is not liable for the privacy practices of advertisers or the content of their Websites, information, messages or offers. You are wholly liable for all communications with advertisers and for all transactions subsequently executed.
You may terminate your Agreement with the Site and the Site Provider at any time by sending a signed notice to the Site Provider via mail/e-mail. The Site Provider shall use reasonable efforts to invalidate your username and password within thirty (30) days of receiving such notice.
You may inactivate your own account for any desired period from within your account. Notwithstanding termination, all obligations of Expert under this Agreement relating to any activity prior to the termination date shall remain in full force and effect.
The Site contains copyrighted material, trade secrets and proprietary information owned by the Site Provider, in particular the copyright, trademarks, database and patents, in the Site and in any software, application, graphics, text and other materials used therein, and the organization of the materials contained therein.
The Site Provider grants you a nonexclusive, revocable right to use the Site if you do not copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover any source code, or breach this Agreement.
This Agreement does not grant you any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of the Site. You may not create derivative software based upon any trade secret, intellectual property or proprietary information of the Site or the Site Provider. Furthermore, you may not sub-license, assign or transfer, sell or make any other commercial use of your membership in the Site.
You may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of the Site Provider or the Site, or take any other action which infringes or impairs the Site Provider's trademark rights.
The Site Provider respects the intellectual property of others, and we ask our users to do the same. The Site Provider may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Site's Copyright Agent the following information:
The Site's Copyright Agent for Notice of claims of copyright infringement can be reach as follows:
By mail: Copyright Agent, Legal Department The HORD Limited C/O Brooks Solicitors, Attn: Legal Unit - Privacy, 236A Muri Okunola Street, Victoria Island Lagos, Nigeria. By e-mail: email@example.com
You agree to indemnify, defend and hold harmless the Site Provider, its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against the Site Provider or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from:
Any notice or other communication to be given hereunder will be in writing and, unless otherwise provided, given by facsimile, postpaid registered or certified mail/return receipt requested, or electronic mail. The date of receipt shall be deemed the date on which such notice is given.
You shall not assign this Agreement or assign, pledge, mortgage any rights, or delegate any obligations hereunder, in completely or in part, whether voluntarily or by operation of law, without the prior, written consent of the Site Provider. Any purported transfer, assignment or delegation by you without the appropriate prior written approval will be invalid and of no force or effect.
The Site Provider may change this Agreement by posting modifications on the Site. Unless otherwise specified by the Site Provider, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. By using the Site after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you may terminate this Agreement as set forth above.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.
This Agreement shall be interpreted only in accordance with the laws of the Federal Republic of Nigeria (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur exclusively in courts of Nigeria. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between the Site Provider and you with respect to the subject matter hereof, and you agree that you have not relied upon any promises or representations by the Site Provider with respect to the subject matter except as set forth herein. You are prohibited from providing services to Members who live in a country, which is prohibited by law, regulation, treaty or administrative act from entering into trade relations with Nigeria.
In the event of any conflict between this Agreement and the Member Agreement, this Agreement shall take precedence. No waiver, concession, extension, representation or any alteration or addition to this Agreement or pursuant hereto will be effective unless made expressly and in writing.
The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
You may report any violation of this Agreement to the Ask an Expert Escalation unit via firstname.lastname@example.org
Last Updated: 1st October 2017