Here are our terms and conditions ("Terms"), contact us here if you have any other questions [email protected]
Top Expert Pty Ltd ACN 61 342 492 750 ("Top Expert", "we" or "us") operates an online platform ("Topexpert.com.au") connecting people providing information and advice ("Experts") with people seeking information and advice ("Buyers") through Top Expert's platforms including through our website at https://www.topexpert.com.au or any other platform we may introduce in the future, such as a Top Expert iphone application or Top Expert Android application ("Top Expert Platform").
By using the Top Expert Platform, you agree to comply with and be legally bound by these terms and conditions, whether or not you become a registered user of the Services.
Use of the Top Expert Platform confirms that You agree to be bound by this Agreement.
"User" or "You" refers to Experts, Buyers and any other person that visits or views the Top Expert Platform.
"Listing" means an offer by an Expert to provide Services via the Top Expert Platform.
Service" means providing information and advice.
"A Call" means a scheduled telephone call arranged between Users on the Top Expert platform in connection with and subject to the terms of a Listing.
1. Scope of Top Expert service
1.1. Top Expert provides a platform for connecting people providing information and advice ("Experts") with people seeking information and advice ("Buyers").
1.2. A User creates an account with Top Expert when they validly complete a registration form on the Top Expert Platform.
1.3. Top Expert provides the platform only. Apart from enabling a Buyer to connect with an Expert for information or advice, Top Expert accepts no liability for any aspect of the Expert and Buyer interaction, including but not limited to the description of Services offered and the performance of Services.
1.4. Top Expert has no obligation to any User to assist or involve itself in any way in any dispute between a Buyer and an Expert.
1.5. All information related to Services to be performed is supplied by Top Expert Users. Top Expert does not have any responsibility to review, approve or verify any User provided information prior to publication on the Top Expert Platform.
1.6. You expressly agree that Top Expert has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users (including Buyers and Experts), including, but not limited to, the qualifications or ability of Experts to provide Services, or the honesty or accuracy of any information provided by Buyers or the Buyers' ability to pay for the Services requested.
2. Top Expert service description
2.1. The Top Expert Platform is intended to be used to facilitate User interaction. Top Expert can not and does not control, endorse or guarantee the information contained in the listings or any information exchanged between Users. You understand and acknowledge that Top Expert is not responsible for and disclaims any and all liability related to any and all listings and information provided under the services.
2.2. All Users use the Top Expert platform at their own risk.
2.3. The Top Expert Platform is for Users to connect and schedule Calls in order to exchange information with other Users.
2.4. An Expert with the qualifications and ability to perform services (1) creates an account with Top Expert (2) applies to be an Expert and, if approved, (3) makes a Listing on the Top Expert platform.
2.5. A Buyer with a requirement for a service to be provided (1) creates an account with Top Expert and (2) submits a Call request including an accurate and complete description of the Service to be provided and the estimated time required by the Expert.
2.6. If an Expert desires to provide Services to a Buyer, the Expert must respond to the Call request with an acceptance of the date and time for the call.
2.7. By accepting the time and date of the call, the Expert confirms that they are legally entitled to and capable of supplying the Services described in the Call request.
2.8. The Expert and Buyer can use the private messaging feature on the Top Expert Platform to communicate directly about Services required.
2.9. Once a Call is concluded, the Buyer is strongly encouraged to complete a Top Expert service review using any feedback features on the Top Expert Platform. You agree that Top Expert may, from time to time, contact You to remind You to complete a Top Expert service review.
2.10. The Top Expert Platform may from time to time include location/ map-based functionality. The Top Expert Platform may display the location of Buyers and Experts to persons browsing the Top Expert Platform.
2.11. A Buyer and Expert should never disclose personal details such as their street address, phone number or email address in a Listing, Call request, message or in any other public or private communication on the Top Expert Platform.
3. Payment facility and escrow account
3.1. Top Expert may use a related entity or a third party service provider to provide payment services acting as a payment facilitator and escrow agent on behalf of the Buyer and Expert ("Escrow Provider").
3.3 By registering and creating an account with Top Expert, You agree to be bound by Escrow Provider's terms and conditions which are located at http://promisepay.com/policies. Top Expert confirms that the services offered by the Escrow Provider are Third Party Services and subject to further terms set out for Third Party Services below.
4. Third party services
4.1. Top Expert may from time to time include on the Top Expert Platform promotions for and links to services offered by third parties ("Third Party Services"). These Third Party Services are not provided by Top Expert.
4.2. Third Party Services are offered to You pursuant to terms and conditions offered by the third party. Third Party Services may be promoted on the Top Expert Platform as a convenience to our Users who may find the Third Party Services of interest or of use.
4.3. If You engage with any Third Party Service provider your agreement will be directly between You and that Third Party Service provider.
4.4. Top Expert makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our Top Expert Platform, please let us know of any issue that You experience using a Third Party Service by contacting us at [email protected]
5. Identity verification
5.1. Top Expert may include tools to help Top Expert Users to verify the identity of other Top Expert Platform Users ("Identity Verification Services"). These tools include social networking sites such as Facebook, Twitter and LinkedIn.
5.2. You agree that Top Expert Identity Verification Services may not be fully accurate as all Top Expert Services are dependent of User-supplied information.
5.3. Top Expert Platform Users are solely responsible for identity verification and Top Expert accepts no responsibility for any use that is made of a Top Expert Identity Verification Service.
5.4. The Top Expert Services Identity Verification Services may be modified at any time.
5.5. The Top Expert Platform may also include a User-initiated feedback system to help evaluate Top Expert User(s).
6. Eligibility to register
6.1. A Top Expert account can only be created in the name of an individual.
6.2. To create an account and qualify to use the Top Expert Services You must be able to form legally binding contracts under applicable law. Top Expert Services are not available to persons under 18 years of age. By signing up as a User, You verify that you are 18 years of age or older. If You do not qualify to use the Top Expert Services, You must not use the services.
6.3. While You are registered with Top Expert You must maintain control of your Top Expert account. You may not deal with your account (including feedback and associated UserID) in any way (including by allowing others to use your account or by transferring or selling the account or any of its content to another person).
6.4. At its absolute discretion, Top Expert may refuse to allow any person to register or create an account with Top Expert or cancel or suspend any existing account.
6.5. Top Expert assesses whether Users can become Experts through an Expert application process. Top Expert's assessment of Experts in no way forms a guarantee, approval, or endorsement of the Experts' identity, their Listing, or their expertise or capability to deliver the services outlined in their Listing.
6.6. Through the application process, Top Expert, at their absolute discretion, can refuse or allow a User to become an Expert and do not need to provide any justification as to why a User is refused as an Expert.
7. User's obligations
7.1. You agree that at all times:
(a) You will comply with this Agreement (including all Top Expert Policies) and all applicable laws and regulations;
(b) You will post only accurate information on the Top Expert Platform;
(c) You will promptly and efficiently perform all your obligations to other Top Expert Users and to Top Expert under this Agreement;
(d) all content (whether provided by Top Expert, a User or a third party) on the Top Expert Platform may not be used on third party sites or for other business purposes without Top Expert's prior permission;
(e) You will ensure that You are aware of any laws that apply to You as a Buyer or an Expert, or in relation to any other way(s) that You use the Top Expert Platform;
(f) You will make your own enquiries about whether You require any insurance to provide Services on the Top Expert platform (such as professional indemnity insurance); and
(g) You will not post any confidential, offensive, racist, sexist, bigoted or pornographic material on the Top Expert Platform.
7.2. You must not use the Top Expert Platform for any illegal or immoral purpose.
7.3. All Users of the Top Expert Platform must take care when communicating via the Top Expert platform and must not disclose any private contact details such as address, phone number or email address.
7.4. You grant to Top Expert an unrestricted, irrevocable, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Top Expert Platform for the purpose of including that material and information on the Top Expert Platform and as otherwise may be required to provide the Top Expert Service, for the general promotion of the Top Expert Service and as permitted by this Agreement.
7.5. Any information posted on Top Expert Platform must not, in any way whatsoever, be potentially or actually harmful to Top Expert or any other person. "Harm" includes, but is not limited to, economic loss that will or may be suffered by Top Expert. Without limiting any provision of this Agreement, any information You supply to Top Expert must be up to date and kept up to date and must not:
(a) be false, inaccurate or misleading or deceptive;
(b) be fraudulent or involve the sale of counterfeit or stolen items;
(c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
(e) be defamatory, libelous, threatening or harassing;
(f) be obscene or contain any material that, in Top Expert's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;
(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Top Expert Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
7.6. You must have the right (including all relevant qualifications, insurances and any required licence) to provide Services as an Expert and to work in Australia.
7.7. You must comply with your tax obligations in relation to any payment made or received.
7.8. If a Top Expert User wishes to complain about any comment made on the Top Expert Platform, please either use the "Report" function available from time to time on the Top Expert Platform, or email Top Expert using the contact information on the Top Expert Platform.
8.1. Experts may create Listings to offer their services to other Users and the Listings will be made publicly available via the Top Expert platform.
8.2. A Listing must include the following details in order to be accepted by Top Expert:
(a) Price: Your hourly rate that the Buyer must pay for the services and any other financial terms; and
(b) Description of your services and expertise
8.3. Experts must have the legal right to use any content that they include in the Listing.
8.4. Top Expert may, in its sole discretion, and without prior notice, remove or disable any Listings for any reason.
8.5. Any Listings Experts post and agreements entered into with Buyers (i) can not breach any agreements Experts have entered into with any third parties and (ii) must comply with all applicable laws, Tax requirements, and rules and regulations that may apply to you.
8.6. Top Expert is not responsible for the content, including information, of Listings or for any User's compliance with any applicable laws, rules and regulations. Experts are solely responsible for any and all Listings posted.
9.1. Top Expert does not endorse any of its Buyers or Experts. In addition, although these Terms require Users to provide accurate information, we do not attempt to confirm, and do not confirm, any User's purported identity or credentials.
9.2. Users are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services.
9.3. By using the Top Expert platform Users agree that any legal remedy or liability that is seeked to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular User or other third parties who caused harm.
9.4. All Users agree not to attempt to impose liability on, or seek any legal remedy from Top Expert with respect to such actions or omissions.
10.1. Buyers can make Call requests with Experts via the Top Expert platform. The Call request will include:
a) First and last name of the Buyer who has requested the Call
b) A link to the Buyer's Top Expert profile page, so the Expert can review the information on the profile before confirming or rejecting the Call.
10.2. Experts are required to either confirm or reject a Call request within 24 hours of when the request is made or the request will be automatically cancelled.
10.3. If the Expert confirms a Call request, Top Expert will deliver a confirmation email, text message or message via the Top Expert platform depending on the User's preferences made on the Top Expert platform.
10.4. Top Expert is not responsible for honouring any confirmed Call requests.
10.5. Buyers enter into a transaction and agreement with an Expert, not with Top Expert, by scheduling a Call. The Buyer and Expert, and not Top Expert, are responsible for performing the obligations of any such agreements, and Top Expert is not a party to such agreements and disclaims all liability arising from or related to any such agreements.
11. Fees and Financial terms
11.1. Registering and creating an account with Top Expert is free.
11.2. The amount due and payable by a Buyer relating to Call time is referred to as a "Call Fee".
11.3. Call Fees are quoted in each Listing, in AUS dollars and in a price per minute format (the "Call Fee Rate").
11.4. Experts, and not Top Expert, are responsible for setting all Call Fee Rates.
11.5. Once a Buyer requests a Call with an Expert, the price quoted on the Listing may not be altered by the Expert and no further negotiations are permitted on the Top Expert Platform in relation to the provision of services.
11.6. The Call duration commences once both the Buyer and Expert are connected on the Call.
11.7. At the end of each Call, Top Expert calculates the Call Fee payable by the Buyer based on the duration of the Call and the applicable Call Fee Rate.
11.8. The Buyer is charged for the scheduled length of time selected in the Call request. If the Call goes over the scheduled time, the Buyer will be charged per minute, at the Call Fee Rate, for the extra time. If the Call goes for less than the scheduled time the Buyer will be refunded the balance per minute at the Call Fee Rate.
11.9. Buyers agree to pay Top Expert all Call Fees due in relation to any Call.
11.10. At the completion of the Call, Top Expert will process and collect the Call Fees payable in accordance with these Terms and the terms of the Listing.
11.11. Top Expert does not control any fees that may be charged to a Buyer or Expert by their bank in relation to Top Expert's collection of Call Fees.
11.12. Top Expert charges the Expert a fee (the "Service Fee") based on a percentage of Call Fees collected on their behalf. The current percentage is twenty percent (20%). The Service Fee is deducted from the Call Fee payable in respect of a Call.
11.13. Top Expert may from time to time change the Service Fee or the terms applying to their payment, in its sole discretion. Any change relating to the Service Fees is effective fourteen (14) days after Top Expert notifies You of that change by sending a message to your Top Expert account.
11.14. All fees and charges payable to Top Expert are non-cancellable and non-refundable.
11.15. If Top Expert introduces a new service on the Top Expert Platform, the fees applying to that service will be payable as from the launch of the service and will also be "Service Fees" under this Agreement.
11.16. After deducting the applicable Service Fee, Top Expert delivers the balance of the Call Fee to the Expert via its third party provider www.promisepay.com. Except as otherwise provided herein, Service Fees are non-refundable.
11.17. To send a Call request, the Buyer must provide accurate billing information such as name, billing address and credit card information either to Top Expert or its third party payment processor.
11.18. In order to initiate the Call, Top Expert reserves the right to obtain a pre-authorization of the Buyer's credit card or charge the Buyer's credit card a nominal amount, not to exceed one AUS dollar ($1), in order to verify their credit card.
11.19. Buyers automatically authorise the collection of such amounts by charging the credit card provided as part of requesting the Call, either directly by Top Expert or indirectly, via a third party online payment processor or by one of the payment methods described on the Top Expert Platform.
11.21. Buyers and Experts may cancel a Call without penalty; provided that the Call has not been initiated by either the Buyer or Expert at the scheduled time via the Top Expert platform.
11.22. If the Buyer fails to initiate the Call at the confirmed scheduled Call time, the Buyer will be charged per minute at the Call Rate Fee for the duration of the requested Call length.
11.23. If the Expert fails to initiate the Call at the confirmed scheduled Call time, the Buyer will be refunded the full Call Fee amount.
11.24. If You, as an Expert or Buyer, fail to complete a transaction or initiate a Call and do not have a lawful excuse for such failure, then in addition to Top Expert's rights under this Agreement (including any Top Expert Policy) to suspend (temporarily or indefinitely) or terminate any User's account, You may be in breach of your obligations to both Top Expert and the Expert or Buyer with whom You are transacting.
11.25. If you are a Buyer or Expert and you believe you have been improperly charged for an Call that was cancelled, please contact us at [email protected]
11.26. All Buyers and Experts are solely responsible for determining their Tax reporting requirements. Top Expert can not and does not offer Tax-related advice to any Users of the Top Expert platform.
11.27. Top Expert is not involved in the interactions between Users and does not refer or endorse or recommend particular Experts to Buyers. Top Expert does not modify, filter, approve, guarantee or endorse Experts, Listings or the communication between users.
12.1. Top Expert is entitled to suspend or terminate your account at any time if Top Expert, in its sole and absolute discretion, is concerned by any feedback about You, or considers your feedback rating to be problematic for other Top Expert Users. The power in this clause 12.1 does not derogate from Top Expert's general ability to suspend or terminate any User's account at any time.
12.2. To continue to improve our Top Expert Platform, please let us know of any issue that You experience using a Third Party Service by contacting us at [email protected]
13. Limitation of liability
13.1. Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any statute or cause any part of this Agreement to be void ("Non-excludable Condition"), to the extent permitted by law Top Expert specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with:
(i) any transaction between Buyers and Experts;
(ii) any use of the Top Expert Platform; or
(iii) any Top Expert Services.
13.2. Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Top Expert specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction or dealing between You and any Third Party Service Provider who may be included from time to time on the Top Expert Platform.
13.3. Except for liability in relation to a breach of any Non-excludable Condition, Top Expert's liability to any User of this service is limited to the total amount of fees paid by that User to Top Expert during the twelve month period prior to any incident causing liability of Top Expert.
13.4. Top Expert's liability to Users for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
13.5 You indemnify Top Expert and hold Top Expert harmless from and against all loss, liability, cost, expense, damage, charge, penalty, outgoing or payment (including all legal costs, and any other associated fees and costs) ("Loss") which Top Expert incurs or might in the future incur as a direct or indirect result of:
(i) any breach of these Terms by You;
(ii) loss of, or damage to, any real or personal property owned, leased, licensed or controlled by Top Expert;
(iii) personal injury (which includes illness) or death of any person caused by, arising out of, or in connection with any activity for which You are responsible; and
(iv) any negligent or wilful act or omission by You.
15. No warranty
15.1. Except for liability in relation to any Non-excludable Condition, the Top Expert service is provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to extent allowed by law.
16. Modifications to the agreement
16.1. Top Expert may modify this Agreement and/ or the Policies (and update the Top Expert pages on which they are displayed) from time to time. Top Expert will send notification of such modifications to your Top Expert account. You should check that account regularly.
16.2. Except as stated in this Agreement, in a Policy, or as otherwise notified to You, all amended terms will automatically be effective 30 days after they are initially notified to You. Each time You use the Top Expert Platform in any manner after the expiry of that 30 day period or such other notice period notified to You, You acknowledge any changes to the Agreement (including the Policies) and confirm your agreement to be bound by the Agreement as it may have been varied.
16.3. If You do not agree with any changes to this Agreement (or any of our Policies), You must terminate your Top Expert account and stop using the Top Expert Services. Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any Top Expert Policy cannot be amended except in writing by Top Expert.
17. No agency
17.1. No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind Top Expert, its related entities or affiliates in any way whatsoever. Top Expert confirms that all Third Party Services that may be promoted on the Top Expert service are provided solely by such Third Party Service providers. To the extent permitted by law, Top Expert specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non performance of such Third Party Service.
18.1. Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Top Expert's contact address as displayed on the Top Expert Platform, or to Top Expert Users' contact address as provided at registration. Any notice shall be deemed given:
(a) if sent by email, 24 hours after email is sent, unless the Buyer and Expert is notified that the email address is invalid or the email is undeliverable, and
(b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside Australia. In this section, "Business Day" means a day on which banks are open for general business in Melbourne, Victoria, other than a Saturday, Sunday or public holiday.
(c) Notices related to performance of any Third Party Service must be delivered to such Third Party as set out in Third Party Service Provider terms and conditions.
19.1. We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Top Expert platform, and (b) deactivate or cancel your Top Expert Account.
19.2. In the event Top Expert terminates these Terms, or your access to our Top Expert platform or deactivates or cancels your Top Expert Account you will remain liable for all amounts due hereunder.
19.3. You may cancel your Top Expert Account at any time by contacting Top Expert.
19.4. If your Top Expert Account is cancelled, we do not have any obligation to return to you or delete any information you have posted to the Top Expert Platform, including, but not limited to, any reviews or Feedback.
20.1. This Agreement is governed by the laws of Victoria, Australia. You and Top Expert submit to the exclusive jurisdiction of the courts of Victoria, Australia.
20.2. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
20.3. This Agreement may be assigned or novated by Top Expert to a third party without your consent. In the event of an assignment or novation You will remain bound by this Agreement.
20.4. This Agreement sets out the entire understanding and agreement between You and Top Expert with respect to its subject matter.
© Top Expert 2016
SERVICE FEE SCHEDULE
The Service Fee for a Call that has been accepted by an Expert is equal to twenty per cent (20%).