Ask Experts Anything is owned and operated by Xprenia Pte. Ltd. (collectively, "AEA"). AEA is a platform that provides an online venue and services that connect individuals providing information and advice (the "Experts") with individuals seeking information and advice (the "Users") (collectively, the "Services"), which Services are accessible at www.askexpertsanything.com and any other websites through which AEA makes the Services available (collectively, the "Site") and as an application for mobile devices (the "Application"). By using the Site and Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (as defined below) and constitute a binding legal agreement between you and AEA.
In these Terms, "you" and "your" refer to the individual or entity that uses the Site, Application or Services. "We", "us", or "our" refer to AEA. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH EXPERTS MAY CREATE LISTINGS (AS DEFINED BELOW) TO OFFER INFORMATION AND ADVICE TO SEEKERS. YOU UNDERSTAND AND AGREE THAT AEA IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN MEMBERS (AS DEFINED BELOW). AEA HAS NO CONTROL OVER THE CONDUCT OF MEMBERS OR OTHER USERS OF THE SITE, APPLICATION, SERVICES, OR ANY INFORMATION PROVIDED IN CONNECTION THERETO AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
"Expert Advisory Session(s)" means a scheduled telephone call coordinated via the Services between Users and Experts in connection with and subject to the terms of a Listing.
"AEA Content" means all Content that AEA makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding User Content.
"Collective Content" means Member Content and AEA Content.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Expert" means a Member who offers information and advice to other Users and creates a Listing via the Site, Application or Services.
"Listing" means an offer by an Expert to provide the Services via the Site, Application, and Services.
"User" means a person who completes AEA's account registration process as described under "User Account Registration" below and includes, without limitation, Experts and Users.
"Member Content" means all Content that a Member post, uploads, publishes, submits or transmits to be made available through the Site, Application or Services and includes, without limitation, Listings. "User" means a Member who uses the Site, Application or Services to access information and advice from other Members.
"Tax" or "Taxes" mean any sales taxes, value-added taxes (VAT), goods and services taxes (GST) and other similar municipal, provincial, state and federal indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site and Application (and your access to or use certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
AEA reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fee (as defined below), at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application. We will also update the "Last Updated Date" at the top of these Terms. Modifications to these Terms shall automatically be effective upon posting; provided, however, that material changes to the Terms will be effective as to an existing Member thirty (30) days after notice to the Member is provided via e-mail from email@example.com to your e-mail address on file with AEA. You agree to keep your e-mail address on file with AEA up-to-date. By continuing to access or use the Site, Application or Services after posting a modification on the Site or via the Application or have provided you with notice of a modification, you indicate that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services, you represent and warrant that (i) you agree to be bound by these Terms and (ii) that you are 18 or older and able to form legally binding contracts.
The Site is a platform for Members to connect and schedule Expert Advisory Session(s) to exchange information with other Members. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to use the Services or post a Listing, you must first register to create an AEA Account (as defined below).
AEA's role is solely to facilitate the Site, Application and Services availability and provide services related thereto, such as Appointment scheduling, call queuing, call cycling, payment integration, and call facilitation. AEA does not provide and is not responsible for User Content or any information or advice exchanged between Members during Expert Advisory Session(s) or otherwise. You understand and acknowledge that Experts are not employees or agents of AEA but are independent service providers using the Site, Application and Services to market their expertise to other Members and the public. You acknowledge that AEA will not be liable for any loss or damage caused by your reliance on information provided by Members or information contained in User Content.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE MEMBER INTERACTION. AEA CANNOT AND DOES NOT CONTROL OR GUARANTEE THE CONTENT CONTAINED IN ANY LISTINGS OR THE INFORMATION EXCHANGED BETWEEN MEMBERS VIA THE SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT AEA IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND INFORMATION PROVIDED UNDER THE SERVICES. ACCORDINGLY, ALL MEMBERS USE THE SITE, APPLICATION AND SERVICES AT THEIR OWN RISK.
Direct Registration: To access certain Site and Application features and create a Listing, you must register to create an account ("AEA Account") and become a User. You may register directly via the Site or Application or as described in this section.
Third-Party Registration: You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook and Google); each such account, a "Third-Party Account", via our Site or Application, as described below.
As part of the functionality of the Site, Application and Services, you may link your AEA Account with Third-Party Accounts by either: (i) providing your Third-Party Account login information to AEA through the Site, Services or Application; or (ii) allowing AEA to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to AEA and/or grant AEA access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating AEA to pay any fees or making AEA subject to any usage limitations imposed by such third-party service providers.
By granting AEA access to any Third-Party Accounts, you understand that AEA will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your AEA Account and AEA Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be User Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personal information that you post to your Third-Party Accounts will be available on and through your AEA Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable, or the third-party service provider terminates AEA's access to such Third-Party Account, then SNS Content will no longer be available on and through the Site, Services and Application. You can disable the connection between your AEA Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site and Application.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. AEA makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and AEA is not responsible for any SNS Content.
We will create your AEA Account and your AEA Account profile page for your use of the Site and Application based upon the personal information you provide to us or obtain via an SNS as described above. You may not have more than one (1) active AEA Account. You agree to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete. AEA reserves the right to suspend or terminate your AEA Account and your access to the Site, Application and Services if you create more than one (1) AEA Account or any information provided during the registration process or after that proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your AEA Account, whether or not you have authorised such activities or actions. You will immediately notify AEA of any unauthorised use of your AEA Account.
AEA will create all Expert Listings to offer your services to other Users. To this end, you may need to provide information regarding the expertise you offer and pricing and other financial terms applicable to your offering via e-mail. In addition, listings will be made publicly available via the Site, Application and Services. Please fill up this form and submit it to us to apply for an Expert.
Users will schedule an Expert Advisory Session with you via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a User requests an Expert Advisory Session, the price quoted under your Listing may not be altered.
You acknowledge and agree that you are solely responsible for any information you provided in all Listings. Accordingly, you represent and warrant that any information in the Listing posted. The agreements you enter into with Users (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) comply with all applicable laws, Tax requirements, and rules and regulations that may apply to you and (b) not conflict with the rights of third parties. Please note that AEA assumes no responsibility for the content of Listings or any Member's compliance with any applicable laws, rules and regulations.
You understand and agree that AEA is not involved in the interactions between Experts and Users and does not refer or endorse or recommend particular Experts to Users. You also understand and acknowledge that AEA does not edit, modify, filter, screen, monitor, endorse or guarantee User Content or the content of communications between Experts and Users. As stated above, AEA is not a party to any agreements entered into between Experts and Users.
AEA reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that AEA, in its sole discretion, considers being objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services. You acknowledge and agree that, as an Expert, you are responsible for your acts and omissions.
As stated above, AEA does not endorse any of its Experts or Users. In addition, although these Terms require Experts and Users to provide accurate information, we do not attempt to confirm and do not confirm any Member's purported identity or credentials. Therefore, you are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services.
Using the Site, Application or Services, you agree that any legal remedy or liability you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from AEA with respect to such actions or omissions.
Expert Advisory Sessions and Financial Terms for Experts: If you (as an Expert) have received a booking request for Expert Advisory Session from a User, you will be required to either confirm or reject the request within 24 hours of when the request is made via your e-mail that is linked to your Calendly account (as determined by AEA in its sole discretion). When an Expert Advisory Session is requested with you via the Site, Application and Services, we will share with you (i) the name and e-mail address of the User who has requested the Expert Advisory Session so that you can double confirm that this User has made payment upon booking for the Expert Advisory Session via your Calendly before confirming or rejecting the Expert Advisory Session. When you confirm an Expert Advisory Session request, you will need to send an e-mail confirmation of the booking to the User's e-mail via your e-mail. If there is a need to reschedule, please state the rescheduled date and time in the e-mail that you will be sending out to the User.
The amount due and payable by a User relating to Expert Advisory Session time with you is referred to as an "Expert Advisory Session Fee". Expert Advisory Session Fees are quoted in each Listing, in U.S. dollars and a price per minute format (the "Expert Advisory Session Fee Rate"). Please note that it is Experts and not AEA, which set all Expert Advisory Session Fee Rates.
In consideration of the Services, AEA charges you a fee (the "Service Fee") based on a percentage of Expert Advisory Session Fees collected on your behalf. The current applicable percentage is thirty per cent (30%). The Service Fee is deducted from the Expert Advisory Session Fee payable to you in respect of an Expert Advisory Session. After each Expert Advisory Session, AEA calculates the appropriate Expert Advisory Session Fee payable by the User to you based on the duration of the Expert Advisory Session and the applicable Expert Advisory Session Fee Rate. After deducting the applicable Service Fee, AEA remits the balance of the Expert Advisory Session Fee to you via its third-party provider www.stripe.com or other payment methods as may be listed on the Site or via the Application in U.S. dollars. Except as otherwise provided herein, Service Fees are non-refundable.
Please note that AEA does not currently charge fees for the creation of Listings. However, you acknowledge and agree that AEA reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that AEA will provide notice of any Listing fee collection via the Site, Application and Services, in accordance with these Terms, prior to implementing such a Listing fee feature.
You (as a User), not AEA, are solely responsible for honouring any confirmed Appointments. If you choose to enter into a transaction with an Expert by scheduling an Expert Advisory Session via the Site or Application, these Terms and other terms, conditions, rules and restrictions associated with such Expert Advisory Session as set out in the Listing may apply. You acknowledge and agree that you, and not AEA, will be responsible for performing the obligations of any such agreements, and AEA is not a party to such agreements and disclaims all liability arising from or related to any such agreements.
You agree to pay AEA all Expert Advisory Session Fees due in connection with any Expert Advisory Session. To initiate an Expert Advisory Session, you understand and agree that AEA reserves the right, in its sole discretion, to obtain a pre-authorisation of your credit card or charge your credit card a nominal amount, not to exceed one U.S. dollar ($1), to verify your credit card. Before a booking, AEA will process and collect the Expert Advisory Session Fees payable in accordance with these Terms and the terms of the Listing. Please note that AEA cannot control any fees charged to a Member by his or her bank related to AEA's collection of the Expert Advisory Session Fees, and AEA disclaims all liability in this regard.
In connection with your payment, you will be asked to provide customary billing information such as name, billing address and credit card information either to AEA or its third-party payment processor. You agree to pay AEA for any consummated Expert Advisory Session in accordance with these Terms, by one of the methods described on the Site or Application – e.g. by www.stripe.com. You hereby authorise the collection of such amounts by charging the credit card provided as part of requesting the Expert Advisory Session, either directly by AEA or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application. For example, suppose you are directed to AEA's third-party payment processor. In that case, you may be subject to terms and conditions governing the use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policies before using the services. Once your transaction is complete, you will receive a confirmation e-mail notifying you that the payment made has been successful, and you will be able to make your booking for the Expert Advisory Session.
There is strictly no refund for Users who cancel an Expert Advisory Session with the Expert via the Services. If you (as an Expert) would like to cancel a scheduled Expert Advisory Session, please propose another schedule with the User via your e-mail. If you have been improperly charged for an Expert Advisory Session that was cancelled and requires a refund, please contact AEA at firstname.lastname@example.org.
You (as a User) are only allowed to request refunds if the Expert did not show up for the Expert Advisory Session. Please submit your screenshots as evidence to email@example.com.
For Experts, please take a screenshot of the date and time during the Expert Advisory Session upon the start of the Expert Advisory Session and the end of the Expert Advisory Session for future reference if there are any disputes.
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. AEA cannot and does not offer Tax-related advice to any Members of the Site, Application and Services.
You understand and agree that you are solely responsible for compliance with all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not, and you agree that you will not:
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
use manual or automated software, devices, scripts robots, other means or processes to access, "scrape", "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Content;
use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms; copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Site, Application or Services in connection with the distribution of unsolicited commercial e-mail ("spam") or advertisements unrelated to lodging in a private residence;
"stalk" or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an AEA Member;
register for more than one AEA Account or register for an AEA Account on behalf of an individual other than yourself;
contact an Expert for any purpose other than asking a question related to the Services,
contact a User for any purpose other than asking a question related to the Services;
recruit or otherwise solicit any other Member to join third-party services or websites that are competitive to AEA, without AEA's prior written approval;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information or otherwise interact with the Site, Application or Services;
use the Site, Application and Services to find an Expert and then complete a transaction independent of the Site, Application or Services to circumvent the obligation to pay any fees related to AEA's provision of the Services;
as an Expert, submit any Listing with false or misleading information or submit any Listing with a price that you do not intend to honour;
post, upload, publish, submit or transmit any Content that: (i)infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person, or (vii) promotes illegal or harmful activities or substances;
systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, AEA's name, any AEA trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without AEA's express written consent;
access, tamper with, or use non-public areas of the Site or Application, AEA's computer systems, or the technical delivery systems of AEA's providers;
attempt to probe, scan, or test the vulnerability of any AEA system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by AEA or any of AEA's providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
advocate, encourage or assist any third party in doing any of the foregoing.
AEA will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. AEA may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that AEA has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any User Content, but has the right to do so to operate the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. AEA reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that AEA, at its sole discretion, considers objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of Singapore and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of AEA and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
Subject to your compliance with these Terms, AEA grants you a limited, non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your personal use. AEA reserves all rights in the Application not expressly granted to you by these Terms.
Subject to your compliance with the terms and conditions of these Terms, AEA grants you a limited, non-exclusive, non-transferable license to (i) access and view any AEA Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by AEA or its licensors, except for the licenses and rights expressly granted in these Terms.
We may permit Members to post, upload, publish, submit, or transmit Member Content at our sole discretion. By making available any Member Content on or through the Site, Application and Services, you hereby grant to AEA a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, Application and Services. AEA does not claim any ownership rights in any such Member Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services, or you have all rights, licenses, consents and releases that are necessary to grant to AEA the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or AEA's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that AEA is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by AEA of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
All trademarks, service marks, logos, trade names, and other proprietary designations of AEA used herein are trademarks or registered trademarks of AEA. Any other trademarks, service marks, logos, trade names, and other proprietary designations are the trademarks or registered trademarks of their respective parties.
AEA respects copyright law and expects its users to do the same. Accordingly, it is AEA's policy to terminate the AEA Accounts of Members who infringe or are believed to be infringing the rights of copyright holders in appropriate circumstances.
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 Site, Application and Services, and (b) deactivate or cancel your AEA Account. Upon termination, we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. If AEA terminates these Terms or your access to our Site, Application and Services or deactivates or cancels your AEA Account, you will remain liable for all amounts due hereunder. You may cancel your AEA Account at any time by contacting AEA. Please note that if your AEA Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, APPLICATION AND SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT AEA DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, USERS AND EXPERTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, AND COLLECTIVE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AEA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. AEA MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY INFORMATION PROVIDED VIA APPOINTMENTS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. AEA MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AEA OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER INDIVIDUALS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES. YOU UNDERSTAND THAT AEA DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES. AEA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER INDIVIDUALS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, EXPERTS, REGARDLESS OF WHETHER SUCH COMMUNICATIONS OR INTERACTIONS ARE ORGANISED BY AEA.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, LISTINGS OR APPOINTMENTS VIA THE SITE, APPLICATION AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF AEA WHETHER IN PERSON, BY PHONE, ONLINE OR OTHER MEANS REMAINS WITH YOU. NEITHER AEA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AEA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL AEA'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION, AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY APPOINTMENT VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR APPOINTMENTS MADE VIA THE SITE, APPLICATION AND SERVICES AS A MEMBER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AEA AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, indemnify, and hold AEA and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content and (c) your (i) interaction with any Member, (ii) reliance on any information exchanged via the Site, Application or Services, or (iii) creation of a Listing. In addition, AEA shall have the right to control all defence and settlement activities.
These Terms, your use and access to our website and applications, and all other policies issued by us, whether referred to by us herein or not, are governed by and construed in all respects in accordance with the laws of Singapore.
Any or all disputes arising between you and us (whether contractual or non-contractual) in connection with your access and use of our website and applications, including as to the validity of these Terms or the policies issued by us, shall be governed in accordance with the laws of Singapore without regard to choice or conflicts of law principles. You hereby agree to submit to the exclusive jurisdiction of the courts of Singapore to resolve any claims or disputes which may arise in connection with these Terms. For any dispute between you and us, you agree that you will first attempt to resolve it with us informally. In the unlikely event that we cannot resolve the dispute in this manner within 30 days of the dispute being notified in writing via e-mail, we both agree to submit to the exclusive jurisdiction of the courts of Singapore to resolve any such dispute.
Notwithstanding the aforementioned paragraph, you agree that we are permitted to apply for injunctive remedies (or any other types of interim relief) in any jurisdiction at any time.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us at firstname.lastname@example.org. You acknowledge and agree that all Feedback will be the sole and exclusive property of AEA. You hereby irrevocably assign to AEA and agree to assign to AEA all of your rights, title irrevocably, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At AEA's request and expense, you will execute documents and take such further acts as AEA may reasonably request to assist AEA to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
In addition, If you feel any user is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of fraud, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and AEA.
You may not assign or transfer these Terms, by operation of law or otherwise, without AEA's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. AEA may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Unless otherwise specified herein, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by AEA (i) via e-mail (in each case to the e-mail address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms constitute the entire and exclusive understanding and agreement between AEA and you regarding the Site, Application, Services, Collective Content and any Appointments or Listings made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between AEA and you regarding the same.
The failure of AEA to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of AEA. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these Terms remains in full force and effect.
Only you and we are entitled to enforce these Terms. No third party is entitled to enforce any of these Terms.
We may freely transfer or assign any part of our rights or delegate our obligations under these Terms. However, you are not entitled to transfer or assign, by operation of law or otherwise, any part of your rights or delegate your obligations under these Terms without our prior written consent.
These Terms and the policies set out the entire agreement between you and us and replace any prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by us to exercise any right we may have under these Terms does not constitute a waiver by us of that right.
If you have any questions about these Terms, please contact AEA at email@example.com.
Effective date: 18 July 2021
Last updated: 18 July 2021