Terms and Conditions
Last updated February 3, 2023
Table of contents
https://expertnetworkcalls.com (the “Website”) is owned by Expert Network Calls LTD., (“ENC”, “we”, “us”, or “our”) a company registered in Gibraltar, with its registered office at Office Suite 24, Block 6, Water Gardens, Waterport Wharf, Gibraltar GX11 1AA and any reference herein to the “Website” shall also be construed as a reference to ENC.
These Terms of Service are the terms of agreement between the customer (“customer”, “you”, or “your”) and ENC for registering with, using or accessing our Services (“Terms of Service”).
We have the right to change the provisions contained in these Terms of Service as and when considered necessary by us, without any notice to you. If we make any such revision in the Terms of Service, we will update the effective date above and the revised Terms of Service shall be effective from such date. You must frequently check these Terms of Service and its effective date to understand the conditions that apply to your use of our Services. Your continued use of the Services following such modification constitutes your acceptance of the modified Terms of Service.
We connect you with subject matter Experts from our global professional network (“Expert Network”) in the fields of consumer goods and services, financial services, healthcare, pharma & biotech, sourcing & supply chain, telecommunications & technology, public and social sectors.
Experts and procurement of services
- ENC is an exclusive platform that facilitates interaction between you and the Experts. It does not directly solicit any information from the Expert and does not assume any liability for any information, consultation or advice given by the Expert to you.
- ENC shall facilitate interactions/consultations between you and the Expert, providing assistance with the communication tools and usages for the interaction and, if necessary, shall provide technical support to ensure an effective interaction.
- “Project” shall mean the detailed service requirements pertaining to your request to avail the services of the Expert which are published by you on the Website through the form provided therein.
- You shall publish your requirements on the Website through the form provided therein in order to launch the Project. The said form is self explanatory and you must provide specific details, precisely, to enable us to provide relevant services.
- ENC shall inform the requirements mentioned within the Project to the relevant Expert Network and the Expert Network shall check on the suitability and availability of an Expert within the Expert Network and the Expert Network shall allocate to you, the Experts best suited to the Project to choose from, along with relevant information so as to enable the you to decide on the Expert of your choice and to the best of the suitability. We shall have the absolute discretion to engage an Expert Network and may or may not accept your recommendations in this regard.
- The scope of the expert advisory shall be limited to the Project assistance requested by you and
the Expert shall not be obliged to address or entertain any advisory that could give rise to:
- a breach of applicable laws or regulations or any agreement to which an expert is a party; or
- a conflict of interest on the part of expert, or
- a breach of a duty of confidentiality or any other obligation owed by the expert to any third party; or
- the disclosure of any confidential information; or
- the disclosure of any trade, commercial or professional secret.
Your use of our Services
- You must read, agree with and accept these Terms of Service as it explains the terms and' conditions guiding your usage of our Services. By viewing, visiting, using, or interacting with the Website you agree and confirm to be bound by these Terms of Service. If you do not agree with anything provided herein, please do not use or access our Website or Services.
- When registering with or applying to ENC you must provide accurate, complete, and current registration information and you agree to provide ENC with any updates to that information promptly after such changes occur.
- You shall be responsible for obtaining communication services, computer equipment and other products or services necessary to access and use the Website. You shall be responsible for all charges associated with accessing and maintaining a connection to the Website including, but not limited to, charges imposed by an internet service provider.
- To use our services, you need to create an account with us, by registering and creating a User ID. You cannot avail our Services without prior registration.
- Our Services are directed to be used by adults who can form legal contracts under applicable laws. By using the Website, it is assumed that you are competent to form legally binding contracts under applicable local laws of your native country. Anyone acting on behalf of a legal person (i.e. entity) must have sufficient authority to bind the said legal person to these terms (in which case the term “you” throughout these Terms of service will refer to such entity). We reserve the right to terminate your account and / or deny access to our services if it is brought to our notice or if it is discovered that you do not meet this condition.
- You will be responsible for maintaining confidentiality of your account, password, and keep its access restricted, and you hereby accept responsibility for all activities that occur under your account. If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the contact details provided on this Website. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to us.
- Your use of this Website shall not breach any national or international laws and shall not breach any legal contract, policy or obligation you are currently a party to or in a manner that infringes the intellectual property rights of any third party.
- You will not copy, or make use of any part of the Website for any purpose whatsoever unless expressly permitted to do so in these terms.
- You will not access the site through automated or non-human means, whether through a bot, script or otherwise.
- You will not knowingly or unknowingly use this Website or any of its associated services in a way that abuses or disrupts our networks or any other service ENC provides.
- ENC, at all times and at its sole discretion, reserves the right to disable, suspend or terminate your account if you fail to comply with any of the provisions of these Terms of Service. We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any activity which causes any harm or disrepute to ENC in any way either on your own or through group/s of people, intentionally or unintentionally.
- ENC prohibits you from directly contacting any expert(s) from our panel outside the realm of our assistance. Such an attempt shall be a material breach of the Terms of Services.
- Retrieving data or other content from the site to create or compile, directly or indirectly, a collection, compilation, database, or directory for any use whatsoever.
- Usage and/or mention of any part of the site for advertisement or marketing purposes.
- Improper usage of our services which may expose ENC to unwanted liabilities.
- Usage of the site to solicit subscribers to join other online information services that are competitive with the Website.
- Reverse engineering any part of the Website.
- While we endeavour to make the Website available 24X7, we do not represent that its access will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
- We do not warrant that the Website will be compatible with all hardware and software which may be used by you to avail our services.
- The Website may undergo constant upgrades, as a result of which some functions and features may not be fully operational. We provide the Website on an 'as is' and 'as available' basis and expressly disclaim all warranties of any kind, whether express or implied, with respect to the records and other data that is made available by it to you.
- We reserve the right to make changes to any part of the Website including but not limited to appearance, function, likeness, offerings, layout at our discretion. However, we have no obligation to update any information on our site. We also reserve the right to modify or discontinue all or part of the services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the services.
- You shall be solely responsible for any damage to your data system or for loss of data arising from download of any form of content from the Website. No guidance or information, written or oral, obtained from ENC, shall constitute any warranty, unless stated otherwise.
The services available on this site are provided with the express understanding that ENC is not engaged in rendering professional advice or services to you, none of the Website’s content is intended to serve as or deemed to be served as investment, legal, tax, accounting or other regulated advice, and that you shall remain solely responsible for your use of the Website. You understand that should you choose to rely on or take decisions based on any advice provided by any Experts recommended by the Expert Network, it shall be at your own risk. All content and functionality on the site is provided “as is,” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Neither ENC nor its third-party content providers and experts shall be liable for any indirect, incidental, consequential, or punitive damages or losses or for lost revenues or profits, whether or not advised of the possibility of such damages or losses.
Fees Charges and Taxes
- The acceptable forms of payment shall be informed on the invoice provided to you.
- ENC shall charge you for a consultation/interaction only after the closure of the Project request.
- You shall be informed of the consultation fee prior to the consultation session. Once the Project request has been addressed we will close the request on the Project page. ENC shall thereafter raise an invoice depending on the time and number of sessions of your interaction with the Expert(s).
- In view of the Services availed, you shall pay the fees on a per-project basis subsequent to the completion of the Project.
- We shall raise an invoice subsequent to the completion of the Project, quoting the fees payable.
- Unless specified otherwise by us, you shall disburse the quoted fees, in full, upon receipt of the invoice within 30 (thirty) calendar days of the receipt of the invoice.
- Invoices unpaid beyond the specified date shall attract penalties as determined by us and can result in legal action taken against you along with a permanent suspension of your account with us.
- When you complete an online payment using a debit/credit card, you agree to the following terms
- By providing a debit/credit card and billing address for that card, you represent that you are the debit/credit card holder or that you are an authorised representative of the debit/credit card holder.
- If you are not the debit/credit card holder, you represent to ENC that you have made the credit card holder aware of the purchase in advance.
- Should you have a problem with your payment, you must contact ENC within five (5) business days to allow us to resolve the problem before contacting either the financial institution that issued the debit/credit card or the card company.
- Credit card fraud is a felony. We may report any wrongful or fraudulent chargebacks to your local police, your local bank, our merchant service (credit card processing company). We will aggressively prosecute anyone attempting to misuse a credit card number. We track every transaction and will use all means available to prosecute persons attempting fraud.
- You agree to bear all bank charges in relation to the payment made and agree to pay all applicable taxes levied on the services utilised by you in connection with using the Website.
Cancellation of requests and refunds
- You shall have the right to cancel an inquiry/consultation request at any time prior to the publication of the Project on our Website.
- You shall be eligible to a 15 (fifteen) minutes period from the start of the session as grace period and if due to some reason, you terminate the session within the said period, you shall not be charged for such session. However, if the Expert Network believes that you are misusing the grace period to hold repetitive sessions, we shall be entitled to charge you for all sessions held in arrears and you shall be required to pay for such sessions.
- Once the payment is made, no refund request will be entertained.
- You acknowledge and agree that you have chosen to engage an Expert for a call after all careful considerations and we will not entertain any disputes about the choice of the Expert or the standard of the advice provided by the Expert. If you have any grievances (other than those connected with the Expert) with respect to your experience of posting the Project on the Website, closing of the Project etc., you should contact us on firstname.lastname@example.org
- If you are not satisfied with the grievance redressal, you shall have the right to invoke the dispute redressal mechanism as per the terms of this service mentioned on this page.
- We reserve the right to refuse any order / request / inquiry placed through the Website. We may, in our sole discretion, limit or cancel any order/request/inquiry without providing any justification whatsoever.
In and for valuable consideration, you hereby agree that ENC will introduce (whether by written, oral, data, or other form of communication) you to one or more Experts from the panel of Expert Network for a consultation. You further acknowledge and agree that the identity of the Expert, and all other information concerning the Expert (including without limitation, all mailing information, phone and fax numbers, email addresses and other contact information) introduced hereunder are the property of Expert, and shall be treated as confidential information by you, your affiliates, officers, directors, shareholders, employees, agents, representatives, successors and assigns. You shall not use such information, without ENC’s prior written approval. You further agree that neither you nor your employees, affiliates or assigns, shall enter into, or otherwise arrange (either for it/him/herself, or any other person or entity) any business relationship, contact any person regarding such Expert, either directly or indirectly, or any of its affiliates, or accept any compensation or advantage in relation to such an Expert except as directly though ENC. If you wish to engage an Expert for a longer period of time, you will be required to make an upfront payment of $3000 to ENC and thereafter, you can enter into an Agreement directly with the Expert of your choice. Without your signed consent to these terms, ENC would not introduce any Expert or disclose any confidential information to you as herein described.
- ENC is not responsible for content posted by users of the site ("Users' Content"). ENC reserves the right to cancel your access to these areas and/or delete, move, or edit any Users' Content (including messages posted in any forum/comment/review section) that it may determine, in its sole discretion, violative of the Terms of Service. You shall remain solely responsible for all Users' Content posted by you or by any other person using your account. ENC shall have the right, but not the obligation, to correct any errors or omissions in any Users' Content, as it may determine in its sole discretion.
- You acknowledge and agree that ENC owns and has the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you post, submit, share or otherwise publish on the Website. You hereby waive any and all claims against ENC for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with ENC's use and publication of such posting. This means that anything posted, submitted, shared or otherwise published by you to the Website shall be owned by ENC and may be used by us for any purpose, now or in the future, without any payment to, or further authorization by, you.
- You warrant that you shall not post or otherwise publish on the site any materials that (a) are threatening, libellous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offence, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; (f) constitute or contain false or misleading statements; or (g) violates these Terms.
- “Confidential Information” shall mean any information of whatever nature, exchanged in relation to the Project including any personal details of the Expert secured by the Client by virtue of the consultation calls.
- You shall not use any Confidential Information to create any undue gain to yourself or undue loss to ENC or any other person.
- In the event of a breach or anticipated breach of these provisions, the remedies of injunction and/or an order for specific performance would also be available in appropriate circumstances to ENC / the Expert Network / the Expert.
Intellectual property and License
- The intellectual property contained in this Website is owned by or licensed to ENC and is protected by applicable copyright and trademark law.
- Nothing contained in this Website shall be construed as conferring by implication, estoppel, or otherwise, any licence or right to any copyright, patent, trademark or other proprietary interest of ENC. The content provided in this site, including, but not limited to, graphic images, audio, video, html code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of ENC.
- ENC grants you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make use of the Website only in accordance with these Terms of Service. All rights not expressly granted to you in these Terms of Service are reserved and retained by us.
- We reserve the right, at any time, without notice, and at our sole discretion, to terminate your licence to use our Website and to block and prevent your future access to our services.
Third Party Links, Websites and Services
Limitation of Liability
- If you have a dispute with us or are dissatisfied with our services, termination of your use of our services is your sole remedy. We have no other obligation, liability or responsibility towards you. In the event that we are found liable to you in certain jurisdictions, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the 10 (ten) percent of the amount paid, if any, by you to us for the affected service, prior to any cause of action arising.
- ENC shall not be liable for any loss suffered in any manner by you as a result of depending directly or indirectly on the depiction of the content made available on its Website.
- In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Website, even if we have been advised of the possibility of such damages.
You hereby indemnify, defend, and hold harmless ENC and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by any or all the Indemnified Parties in connection with any claim arising out of or relating to: (i) your access to or use of the Website and violation of any third party’s rights or (ii) any breach by you of these Terms of Service or the representations, warranties, and covenants you have made by agreeing to these Terms of Service. You shall cooperate as fully as reasonably required in the defence of any such claim.
The respective indemnities, representations, warranties, obligations and responsibilities of you the user, contained in these terms shall survive the suspension or termination of services indefinitely.
Governing Law and Dispute Resolution
- These Terms of Service shall be construed in accordance with the applicable laws of Gibraltar without regard to the conflict of law principles.
- If any dispute or claim arises from or in connection with (i) these Terms of Service, (ii) any order placed on the Website, or (iii) your access to or use of our Services (“Dispute”), the Parties shall resolve the Dispute through amicable negotiations.
- Any dispute pertaining to the use of the Website or any Service provided to you by ENC, or in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms of Service, shall be referred to the senior management of ENC for resolution. If such dispute is not resolved by the senior management, then such a dispute shall be subject to the exclusive jurisdiction of the courts in Gibraltar for resolution and you hereby submit to the jurisdiction of such courts.
Any part, provision, representation or warranty of these Terms of Service which is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any part, provision, representation or warranty of these terms which is prohibited or unenforceable or is held to be void or unenforceable in any jurisdiction shall be ineffective, as to such jurisdiction, to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
NC shall not be in breach of these terms nor liable for delay in performing, or failure to perform, any of its obligations under these terms to the extent such delay or failure results from acts of God, fire, war, terrorism, severe illness, terrorist acts, cyber event, accidents, acts of government, sanctions, pandemics, world wide web disruptions, economic recession, political destabilization, circumstance or cause whatsoever beyond its reasonable control (a “Force Majeure Event”).
These terms and all rights and obligations of you the user hereunder are personal to you and may not be transferred or assigned by you to any third party at any time. ENC may assign its rights under these terms to any entity that assumes its obligations hereunder in connection with any sale or transfer of all or a substantial portion of ENC’s assets to such entity.
Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
These Terms sets forth the entire understanding between you and ENC and supersedes all prior versions of the Terms and any prior understanding or agreement. In addition, you may also be subject to additional terms and conditions when you use or access other ENC or ENC affiliate services.
Office Suite 24,
Waterport Wharf, Gibraltar GX11 1AA