{"id":1086,"date":"2021-07-12T05:51:44","date_gmt":"2021-07-12T05:51:44","guid":{"rendered":"https:\/\/demoxpertimm.ca\/?page_id=1086"},"modified":"2021-07-25T20:08:42","modified_gmt":"2021-07-26T02:08:42","slug":"terms-of-use","status":"publish","type":"page","link":"https:\/\/xpertimm.ca\/terms-of-use\/","title":{"rendered":"Terms of use"},"content":{"rendered":"\n

Thank you for using XpertImm! Please read these terms of use (the \u201cTerms\u201d) carefully. These terms contain important information about your legal rights, remedies and obligations. By accessing or using the XpertImm Platform of Platform Services, you agree to comply with and be bound by these terms and all applicable laws and regulations.<\/strong><\/p>\n\n\n\n

These terms of use (these \u201cTerms<\/strong>\u201d) constitute a legally binding agreement (the \u201cAgreement<\/strong>\u201d) between you and ImmiSocial Inc. (“ImmiSocial” or \u201cXpertImm<\/strong>\u201d, the \u201cCompany<\/strong>\u201d, \u201cwe<\/strong>\u201d, \u201cus<\/strong>\u201d, or \u201cour<\/strong>\u201d) governing access to and use of the XpertImm website and web-application at www.XpertImm.ca, including any subdomains thereof, and any other websites through which XpertImm makes its services available (together, the \u201cWebsite<\/strong>\u201d), including any applicable web, mobile, tablet or other smart-device applications, and application program interfaces (collectively, the “Application<\/strong>“) and all associated services (collectively, the “Platform Services<\/strong>“). The Website, Application and Platform Services are collectively referred to as the \u201cPlatform<\/strong>\u201d.<\/p>\n\n\n\n

Our collection and use of personal information in connection with your access to and use of the XpertImm Platform is described in our Privacy Policy. You must read, agree to, and accept all of the terms and conditions contained in this Agreement to be a User of our Website located at www.XpertImm.ca<\/a> or any part of the rest of the Website or the Platform Services.
This Agreement includes and hereby incorporates by reference the following important agreements, as they may be in effect and modified from time to time: our Cookie Policy; Privacy Policy; Refund Policy, End User License Agreement. These agreements are collectively, with this Agreement, called the \u201cTerms of Service<\/strong>\u201d.
Subject to the conditions set forth herein, XpertImm may, in its sole discretion, amend this Agreement and the other Terms of Service at any time by posting a revised version on the Site. XpertImm will provide reasonable advance notice of any amendment that includes a Substantial Change (defined below), by posting the updated Terms of Service on the Site, providing notice on the Site, and\/or sending you notice by email. If the Substantial Change includes an increase to Fees charged by XpertImm, XpertImm will provide at least 30 days\u2019 advance notice of the change, but may not provide any advance notice for changes resulting in a reduction in Fees or any temporary or promotional Fee change. Any revisions to the Terms of Service will take effect on the noted effective date (each, as applicable, the \u201cEffective Date<\/strong>\u201d).
YOU UNDERSTAND THAT BY USING THE PLATFORM OR PLATFORM SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THE ARBITRATION PROVISION IN SECTION 18 OF THIS AGREEMENT (SUBJECT TO YOUR RIGHT TO OPT OUT OF THE ARBITRATION PROVISION AS PROVIDED IN SECTION 18). IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE PLATFORM OR THE PLATFORM SERVICES AFTER THE EFFECTIVE DATE EXCEPT AS MAY BE PERMITTED HEREIN.
IF YOU AGREE TO THE TERMS OF SERVICE ON BEHALF OF AN ORGANIZATION OR SERVICE PROVIDER, OR IN CONNECTION WITH PROVIDING OR RECEIVING CONSULTING SERVICES ON BEHALF OF AN ORGANIZATION OR SERVICE PROVIDER, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION OR SERVICE PROVIDER TO THE TERMS OF SERVICE AND AGREE THAT YOU ARE BINDING BOTH YOU AND THAT ORGANIZATION OR SERVICE PROVIDER TO THE TERMS OF SERVICE. IN THAT EVENT, \u201cYOU\u201d AND \u201cYOUR\u201d WILL REFER AND APPLY TO YOU AND THAT ORGANIZATION OR SERVICE PROVIDER.<\/p>\n\n\n\n

Definitions<\/strong>
Scope of Platform Services<\/strong>
XpertImm Accounts<\/strong>
Relationships on the XpertImm Platform<\/strong>
Platform and Service Fees & Payment Terms<\/strong>
Records of Compliance<\/strong>
Warranty, Liability and Release<\/strong>
Access to our Website and Platform<\/strong>
User-Generated Content<\/strong>
Terms Specific to Service Providers<\/strong>
Right to Refuse<\/strong>
Reviews, Ratings, Comments and Other Content<\/strong>
Intellectual Property<\/strong>
Feedback<\/strong>
Electronic Communications<\/strong>
Term and Termination<\/strong>
Disputes and Dispute Resolution<\/strong>
General<\/strong>
Acknowledgement<\/strong>
Inquiries<\/strong><\/p>\n\n\n\n

1. Definitions<\/strong>
The following terms are used throughout these Terms and have the specific meaning provided below:
\u201cAccount<\/strong>\u201d means any User account on the XpertImm Platform;
\u201cApplication<\/strong>\u201d means, collectively, the XpertImm Website together with any applicable mobile, tablet, or other smart-device applications and application program interfaces and all associated services;
\u201cAggregate Information<\/strong>\u201d means information about Users we may collect we collect to create information that is aggregated and anonymized information that cannot be used to identify any natural person or Organization (including a Consulting Business), in order to develop statistics and analytics about our Platform and improve the experience for Users on our Platform and the delivery of all services through our Website or Application. Though Aggregate Information may be derived from Personal Information, it is not Personal Information because it cannot be used to identify any natural person or Organization;
\u201cClient<\/strong>\u201d means the individual or Organization that requested the Services determined as follows: (i) if the user has requested services for his or herself, then Client means that individual who specifically requested the Services over the Platform; (ii) if the Account was created by a representative of an Organization, then the Client means that Organization;
\u201cCode<\/strong>\u201d means the code(s) of ethical or professional conduct applicable to the Service Provider in the jurisdiction in which Consulting Services are provided;
\u201cListing<\/strong>\u201d means one or more Consulting Services listed by a Service Provider over the Platform in which the Service Provider has provided details of the services stated in that listing and is available for a Client User to select over the Platform;
\u201cincluding<\/strong>\u201d or \u201cinclude(s)<\/strong>\u201d as used herein means including, without limitation;
\u201cIntellectual Property Rights<\/strong>\u201d means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, province, country, territory or other jurisdiction;
\u201cJob(s)<\/strong>\u201d means an engagement for Consulting Services that a Service Provider provides to a Client under a Consulting Services Contract which originated from initial contact or discovery on the Platform;
\u201cService Provider<\/strong>\u201d means the individual or organization that has listed its immigration consulting services on the Platform. the Client may engage with the Service Provider over the Platform or through external links available on Service Provider\u2019s Account or Service details;
\u201cConsulting Business<\/strong>\u201d means the partnership or limited liability partnership, or other Organization, in which a Service Provider practices, if and as applicable;
\u201cConsulting Services<\/strong>\u201d means any services contemplated by a scope of work provided by a Service Provider to a Client within a Offer or the description in a Listing, including any amended or supplemented services as may be requested by the Client and agreed to be delivered by the Service Provider over the Platform or outside of the platform;
\u201cConsulting Services Contract<\/strong>\u201d means an Agreement or Retainer or Contract by a Service Provider to provide Consulting Services to a Client wholly or partially on the Platform in accordance with the Terms of Service;
\u201cMember<\/strong>\u201d means any Client, Service Provider, Consulting Business or other Organization that has an account on our Platform;
\u201cOrganization<\/strong>\u201d means any person other than a natural person, including a corporation, association (whether incorporated or unincorporated), society, partnership, limited partnership, trust, mutual fund, charity, or not-for-profit other than any governmental entity;
\u201cPlatform<\/strong>\u201d or \u201cXpertImm Platform<\/strong>\u201d means the Application, Website, and any associated services provided by XpertImm;
\u201cPayments Data Controller<\/strong>\u201d means Stripe, Inc. and its affiliates, including Stripe Payments Canada, Ltd. (collectively, \u201cStripe<\/strong>\u201d), the third-party payments service provider that is responsible for your Personal Information relating to the Payments Services which enables payments over the Platform;
\u201cPayments Services<\/strong>\u201d means the services provided by the Payments Data Controller in order to complete financial transactions over our Platform via the application-programming interface provided by the Payments Data Controller;
\u201cTerms of Service<\/strong>\u201d means the most recent version of the XpertImm terms of service applicable to the Application as then posted on the Site.
\u201cUser<\/strong>\u201d, \u201cyou<\/strong>\u201d, or \u201cyour<\/strong>\u201d refers to the individual that has visited the Website and\/or Application and requested the Consulting Services over the Platform;
\u201cUser Content<\/strong>\u201d means any comments, remarks, data, feedback, content, files, documents, text, photographs, images, video, music, or other information that you or any visitor or User post to any part of the Platform or provide to the Company, including such information that is posted as a result of questions; and
\u201cWebsite<\/strong>\u201d means the XpertImm website located at\u00a0www.XpertImm.ca<\/a>\u00a0and web-application, including any subdomains thereof, and any other websites through which XpertImm makes its services available.
2. Scope of Platform Services<\/strong>
Section 2 discusses what XpertImm does and does not do when providing the Platform and Platform Services and some of your responsibilities when using the Platform as a Service Provider or Client, as detailed below.<\/em>
2.1 Purpose of XpertImm<\/strong>
XpertImm is not an Immigration Consulting Business\/Service and does NOT directly provide Immigration Consulting Services to Clients. We provide an online platform that enables Clients to easily, transparently and conveniently identify and contact Service Providers over our Platform. You do not need to download or license any XpertImm software to advertise, provide or obtain Consulting Services over our Platform. Our Platform provides features to allow Clients and Service Providers to access, market, communicate and collaborate with each other online.
Subject to the Terms of Service, XpertImm provides the Platform Services to Users, including hosting and maintaining the Website.
The Platform may include general information on commonly encountered immigration issues. At no time does XpertImm review content for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. XpertImm does not perform immigration consulting services performed by a Service Provider. At no time is a legal contract or retainer agreement created within XpertImm. Any information publicly provided on our Platform is not a substitute for legal advice or services of a Service Provider.
2.2 Relationship with XpertImm<\/strong>
XpertImm merely makes the Platform and Platform Services available to enable Service Providers and Clients to find and interact directly with each other online. XpertImm does not introduce Service Providers to Clients, find projects or matters for Service Providers, or find Service Providers for Clients. Through the Platform and Platform Services, Service Providers may be notified of Clients that may be seeking Consulting Services, a Service Provider or Service Offers, and Clients may be notified of Service Providers that may offer the services they seek; at all times, however, Users are responsible for evaluating and determining the suitability of any Consulting Service (listings), Offers, Enquiries, Client or Service Provider on their own. If Users decide to enter into a Consulting Services Contract, that agreement is directly between the Users and XpertImm is not a party to that Consulting Services Contract.
You acknowledge, agree, and understand that XpertImm is not a party to the relationship or any legal dealings directly between Client and Service Provider. Without limitation, Users are solely responsible for: (a) ensuring the accuracy and legality of any User Content; (b) determining the suitability of other Users for a Consulting Services Contract (such as any interviews, vetting, background checks, or similar actions); (c) negotiating, agreeing to, and executing any terms or conditions of Consulting Services Contract(s); (d) performing Freelancer Services; or (e) paying for Consulting Service Contracts or Consulting Services.
You further acknowledge, agree, and understand that you are solely responsible for assessing whether to enter into a Consulting Services Contract with another User and for verifying any information about another User. XpertImm does not make any representations about or guarantee the truth, quality, efficacy or accuracy of any Service Provider\u2019s or Client\u2019s listings or other User Content on the Platform; does not verify all the information provided by Users about Service Providers or Clients, as applicable; and does not perform background checks on Service Providers or Clients. You acknowledge, agree, and understand that XpertImm does not, in any way, supervise, direct, control, or evaluate Service Providers or their work and is not responsible for any Consulting Services, Consulting Services Contract terms or Service Provider work product. XpertImm makes no representations about and does not guarantee, and you agree not to hold XpertImm responsible for, the quality, safety, or legality of Service Providers\u2019 Consulting Services; the qualifications, background, or identities of Users; the ability of Service Providers to deliver Consulting Services; the ability of Clients to pay for Consulting Services; User Content, statements or posts made by Users; or the ability or willingness of a Client or Service Provider to actually complete a transaction.
You also acknowledge, agree, and understand that Service Providers are solely responsible for determining, and have the sole right to determine, which Jobs to accept; the time, place, manner, and means of providing any Consulting Services; the type(s) of Consulting Services to provide; and the price charged for their Consulting Services or how that pricing is determined or set.
Service Providers further acknowledge, agree, and understand that: (i) you are not an employee of XpertImm, and you are not eligible for any of the rights or benefits of employment (including unemployment and\/or workers compensation insurance); (ii) XpertImm will not have any liability or obligations under or related to any Consulting Services Contracts and\/or Consulting Services for any acts or omissions by you or other Users; (iii) XpertImm is unable to and does not, in any way, supervise, direct, or control any Service Provider or Consulting Services; does not impose quality standards or a deadline for completion of any Consulting Services; and does not dictate the performance, methods or process a Service Provider uses to provide Consulting Services; (iv) Service Providers are free to determine when and if to perform Consulting Services, including the days worked and time periods of work, and XpertImm does not set or have any control over such Service Provider\u2019s pricing, work hours, work schedules, or work location, nor is XpertImm involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to Service Provider for a Jobs; (v) Service Providers will be paid at such times and amounts as agreed with a Client in a given Consulting Services Contract, and XpertImm does not, in any way, provide or guarantee Service Provider a regular salary or any minimum, regular payment; (vi) XpertImm does not provide Service Providers with training or any equipment, labor, tools, or materials related to any Consulting Services Contract; and (vii) XpertImm does not provide the premises at which Service Providers will perform any work. If a Service Provider uses subcontractors or employees, Service Provider further agrees and acknowledges that this paragraph applies to XpertImm\u2019s relationship, if any, with that Service Provider\u2019s subcontractors and employees as well and Service Provider is solely responsible for Service Provider\u2019s subcontractors and employees. (viii) when conducting your services, you will follow the guidelines provided by appropriate authorizing body such as ICCRC or respective law societies.\u00a0
Nothing in this Agreement is intended to prohibit or discourage (nor should be construed as prohibiting or discouraging) any User from engaging in any other business activities or providing any services through any other channels they choose except as may be expressly provided in this Agreement, provided, if applicable, that Users comply with the Opt Out provisions described in Section 18.9. Users are free at all times to engage in such other business activities and services and are encouraged to do so.
XpertImm has no control over and does not guarantee (i) the quality, reliability, accuracy, or effectiveness of any Consulting Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Service Provider or third party. XpertImm does not endorse any Service Provider or Listing or Consulting Services. Any references to a Service Provider being “verified” (or similar language) only indicates that the Service Provider has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by XpertImm about any Service Provider\u2019s ability or quality. You should always exercise due diligence and care when deciding whether to hire a Service Provider, reviewing offers, or communicate and interact with other Users, whether online or in person.
2.3 Platform Feedback and User Content<\/strong>
You hereby acknowledge and agree that Users publish and request XpertImm to publish on their behalf information on the Platform about the User, such as feedback, composite feedback, geographical location, or verification of identity or credentials. However, such information is based solely on unverified data that Service Providers or Clients voluntarily submit to XpertImm and does not constitute and will not be construed as an introduction, endorsement, or recommendation by XpertImm; we provide such information solely for the convenience of other Users, including clients.
You acknowledge and agree that User feedback benefits the platform, all Users, and the efficiency of the Platform and you specifically request that XpertImm post composite or compiled feedback about Users, including yourself, on User Profiles and elsewhere on the Platform. You acknowledge and agree that feedback results for you, including your Service Provider Ratings and Reviews, wherever referenced, and other User Content highlighted by XpertImm on the Platform or otherwise (\u201cComposite Information<\/strong>\u201d), if any, will include Client comments, Client ratings, indicators of Client satisfaction, and other feedback left exclusively by Clients. You further acknowledge and agree that XpertImm will make Composite Information available to Clients, including composite or compiled feedback. XpertImm provides its feedback system as a means through which Clients can share their opinion or experience of other Service Providers publicly, and XpertImm does not monitor, influence, contribute to or censor these opinions. You acknowledge and agree that posted composite or compiled feedback and any other Composite Information relates only to the business advertised in the Profile and not to any individual person. You agree not to use the Composite Information to make any employment, credit, credit valuation, underwriting, or other similar decision about any other User.
XpertImm does not generally investigate any remarks posted by Clients or other User Content for accuracy or reliability and does not guarantee that User Content is accurate. You are solely responsible for your User Content, including the accuracy of any User Content, and are solely responsible for any legal action that may be instituted by other Users or third parties as a result of or in connection with your User Content if such User Content is legally actionable or defamatory. XpertImm is not legally responsible for any feedback or comments posted or made available on the Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, we reserve the right (but are under no obligation) to remove posted feedback or information that, in our sole judgment, violates the Terms of Service or negatively affects our platform, diminishes the integrity of the feedback system or otherwise is inconsistent with our business interests and the purposes of this Platform. You acknowledge and agree that you will notify us of any error or inaccurate statement in your feedback results, including the Composite Information, and that if you do not do so, we may rely on the accuracy of such information.
3. XpertImm Accounts<\/strong>
Section 3 discusses what a User must agree to before using the Platform or Platform Services and the different types of accounts that can be created on the Platform, as detailed in this section.<\/em>
3.1 Registration and Acceptance<\/strong>
When you register for an Account to use the Platform or Platform Services, or by clicking to accept the Terms of Service when prompted on the Platform, you agree to abide by this Agreement and the other Terms of Service, as applicable.
To access and use certain portions of the Platform and the Platform Services, you must register for an Account. Subject to these Terms of Use, certain portions of the Website are available to Website visitors, including those portions before your Account registration is accepted. We reserve the right to decline a registration to join XpertImm or to add an Account type as a Client or Service Provider, for any lawful reason, including supply and demand, cost to maintain data, or other business considerations. We expressly disclaim any obligation to provide you with reasons if we decline to register your Account.
If you create an Account as an employee or agent on behalf of an organization, you represent and warrant that you are authorized to enter into binding contracts, including the Terms of Service, on behalf of yourself and the Organization.
3.2 Account Types<\/strong>
There are two different Account types: Service Providers and Clients. Once you register for one Account type, you will not be able to add the other Account type under the same email address. A User may only be either a Service Provider or Client on our Platform. For example, if you already have a Service Provider Account (defined below), you cannot add a Client Account as a separate account type in settings. You agree not to have or register for more than one Account without express written permission from us. We reserve the right to revoke the privileges of the Account or access to or use of the Platform or Platform Services, and those of any and all linked Accounts without warning if, in our sole discretion, false or misleading information has been provided in creating, marketing, or maintaining your Profile or Account.
i. Client Accounts
An individual or an Organization may register for an Account or add an Account type to use the Platform and Platform Services as a Client (a \u201cClient Account<\/strong>\u201d). Only one User may be associated with a Client Account.
ii. Service Provider Accounts
You can register for an Account to use the Platform and Platform Services as a Service Provider (a \u201cService Provider Account\u201d). A Service Provider can register an Account individually, if a sole proprietor, or as a member of a Consulting Business, regardless of whether such Service Provider is a partner of such Consulting Business. All Service Provider Accounts are subject to strict eligibility and qualification accounts as set out in this Agreement. If XpertImm at any time becomes aware that a Service Provider is practicing unauthorized or otherwise not in compliance with applicable law, we reserve the right to periodically or permanently remove your account from our Platform.
3.3 Account Eligibility<\/strong>
XpertImm offers the Platform and Platform Services as a means for consumers and businesses to transparently and conveniently connect with Service Providers to obtain Consulting Services. Creating an Account to use our Platform is subject to the following eligibility restrictions.
i. Client Accounts
To register for a Client Account or use the Platform and Platform Services as a Client, you must, and hereby represent that you: (a) are an individual (b) will use the Platform and Platform Services for your legitimate immigration needs; (c) will comply with any licensing, registration, or other requirements personally or with respect to the Organization for which you are acting as you obtain Consulting Services; and (d) are a legal entity or an individual 18 years or older (or have otherwise reached the age of majority in your jurisdiction of residence) and can form legally binding contracts.
ii. Service Provider Accounts
To register for a Service Provider Account or use the Platform and Platform Services as a Service Provider, you must be, and hereby represent and warrant that you: (a) are currently qualified and licensed as an Authorized Representative (Service Provider) under applicable federal, provincial or territorial legislation as defined by\u00a0IRCC definitions of Authorized Representative<\/a>; (b) are a member in good standing of an applicable\u00a0authorizing body<\/a>; (c) will comply with any licensing, registration, or other requirements of the authorizing body, including but not limited to compliance with the Code applicable to you; (d) are currently based and operating in Canada;\u00a0
3.4 Account Profiles<\/strong>
To register for an Account to join the Platform, you must complete a User profile (\u201cProfile<\/strong>\u201d). If you create a Service Provider Account, you consent to your profile be shown to other Users and the public. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Platform or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity, qualifications or location, your business, your skills, or the services your business provides and to correct any such information that is or becomes false or misleading. If you do provide any false or misleading information, we reserve the right to revoke your account without advance notice.
3.5 Account Permissions<\/strong>
You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorized employee or agent may create an Account on behalf of your Organization (including a Consulting Business). By granting other Users permissions under your Account, including as a Team Member, you represent and warrant that (a) the User is authorized to act on your or the Organization\u2019s behalf; (b) you are financially responsible for the User\u2019s actions taken in accordance with those permissions, including, if applicable, entering into binding contracts on behalf of the owner of the Account; and (c) you are fully responsible and liable for any action of any User to whom you have provided any permissions and any other person who uses the Account, including making payments and entering into Service Contracts and the Terms of Service. If any such User violates the Terms of Service, it may affect your ability to use the Platform. Upon closure of an Account, we may close any or all related Accounts.
3.6 Identity and Verification<\/strong>
When you register for a Service Provider Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your Organization on XpertImm. The requirement for identification and location verification contained in our Terms of Service are to foster an environment of trust and protect the safety, privacy and security of all Platform Users.
You hereby authorize XpertImm, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address, subject to applicable law. When requested, you must provide us with complete information about yourself and your business, which may include, but is not limited to, providing official documents.
3.7 Usernames and Passwords<\/strong>
When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person who is not authorized to use your Account. We will assume that any person using the Platform with your username and password, either is you or is deemed to be authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the Site if (a) you are not authorized to use either or (b) the use would violate the Terms of Service.
4. Relationships on the XpertImm Platform<\/strong>
Section 4 discusses the relationship you may decide to enter into with another User on or outside the XpertImm Platform, including Consulting Services Contracts between Service Providers and Clients.<\/em>
4.1 Consulting Services on the Platform<\/strong>
When a Client decides to engage a Service Provider to obtain Consulting Services, a contractual relationship is created directly between the Client and Service Provider (or Consulting Business). The Client and Service Provider have complete discretion both with regard to whether to enter into a Consulting Services Contract with each other and with regard to the terms of any such contract, including the retainer agreement.
With respect to any Consulting Services Contract, Clients and Service Providers may enter into any written agreements that they deem appropriate provided that any such agreements do not conflict with, narrow, or expand the Company\u2019s rights and obligations under the Terms of Service.
You acknowledge, agree, and understand that XpertImm is not a party to any Consulting Services Contract, that the formation of a Consulting Services Contract between Users will not, under any circumstance, create an employment or other service relationship between XpertImm and any Service Provider. Users are responsible for complying with any requirements of applicable law. Each situation is highly fact-specific and requirements vary by situation and jurisdiction and therefore Clients and Service Providers should consider their local jurisdiction and Code. XpertImm expressly disclaims any and all liability with respect to actions or omissions based on Consulting Services Contract.
4.2 Confidential and Privileged information<\/strong>
Service Providers are obligated to keep all Client and prospective Client information confidential under the professional Code between them. The interactions on the Platform between Clients and Service Providers is not intended to and will not affect the confidential and privileged nature of any legal advice or communications. XpertImm is not a party to any Consulting Services Contract between the Service Provider and Client and therefore not privy to direct communication between the Users outside the platform. The Company has a common interest with the Users of the Platform to protect the confidential and privileged status of any information or advice provided over the Platform. The fact that the Company may maintain confidential information, directly or indirectly, in a database maintained by the Company or a third-party provider, or the ability of the Company to create Aggregate Information or Composite Information about Users shall not constitute the waiver of any privilege inherent in a Service Provider-Client relationship.
Service Provider agree to abide by all applicable law, including their professional Code, with respect to the confidentiality of Client communications. Service Providers agree they will treat information received from a prospective Client whom they interact with but are ultimately not hired by confidentially as required by the professional Code(s). Clients acknowledge that Service Providers will be required to maintain certain communication for periods required by applicable law. If a Service Provider fails to uphold their obligation with respect to the protection of confidential information, the Company reserves the right to temporarily suspend or permanently delete the Service Provider\u2019s Account and seek any other remedy which may be available under applicable Law.
4.3 Third Party Beneficiaries<\/strong>
It is the intent of the Company and Users who are Party to this Agreement that Users who have entered into Consulting Services Contracts and who disclose or receive confidential or privileged information to another User are third-party beneficiaries of this Agreement with respect to this Section.
4.4 Disputes<\/strong>
For disputes arising between Clients and Service Providers, Users agree to pursue dispute independently, but acknowledge and agree that XpertImm will not and is not obligated to provide any dispute assistance beyond what is provided in these Terms.
If a Service Provider or Client intends to obtain an order from any arbitrator or any court that might directly involve the legal rights or obligations of the Company or our, that party will (a) give us at least thirty business days\u2019 prior notice of the hearing; (b) include in any such order a provision that, as a precondition to obligation affecting the Company, we be paid in full for any amounts to which we would otherwise be entitled; and (c) be paid for the reasonable value of the services to be rendered pursuant to such order.
5. Platform and Service Fees & Payment Terms<\/strong>
This Section 5 describes what service and administration fees you agree to pay to the Company in exchange for XpertImm providing the Platform and Platform Services to you.<\/em><\/strong>
XpertImm charges fees to Service Providers (collectively, “Service Fees”) in consideration for the use of the XpertImm Platform.<\/s>
5.1 Payment Agreements<\/strong>
Service Providers and Clients are responsible for agreeing to the Legal Fees which the Client will pay the Service Provider for any Jobs completed outside the Platform. This may include any Consulting Services Contracts where a Service Provider provides a service to a Client discovered through the Platform.
5.2 Service Fees for Service Providers<\/strong>
Service Providers pay XpertImm Service Fees for the use of the Platform. XpertImm charges Service Fees to Service Providers in accordance with these terms for using the Platform\u2019s discovery, communication, reporting, enquiries & offers services. The Service Fees (to use the Platform and Platform Services) are paid solely by Service Provider.
5.3 Taxes<\/strong>
Service Providers acknowledge and agree that the Service Provider is solely responsible (a) for all tax liability associated with payments received from Clients\u00a0
5.4 Payment Methods<\/strong>
In order to use certain Platform Services, Service Providers must provide account information for at least one valid Payment Method. To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party vendors and service providers (e.g Stripe, PayPal etc) to process payments and manage your Payment Method information, including but not limited to the Payments Data Controller. Payment Methods will be charged by the Payments Data Controller.
By providing Payment Method information through the Site and authorizing payments with the Payment Method, Service Provider represents, warrants, and covenants that: (a) Service Provider is legally authorized to provide such information; (b) Service Provider is legally authorized to make payments using the Payment Method(s); (c) if Service Provider is an employee or agent of an Organization or person that owns the Payment Method, that Service Provider is authorized by the Organization or person to use the Payment Method to make payments on the XpertImm Platform; and (d) such actions do not violate the terms and conditions applicable to Service Provider\u2019s use of such Payment Method(s) or applicable law. When Service Provider authorizes a payment using a Payment Method via the Platform, Service Provider represents and warrants that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under this Agreement or the other Terms of Service cannot be collected from Service Provider\u2019s Payment Method(s), Service Provider is solely responsible for paying such amounts by other means.
Because the use of any Payment Method may be limited by applicable law or by written agreement with your financial institution, XpertImm is not liable to any Service Provider if we do not complete a transaction as a result of any such limit, or if a financial institution fails to honor any credit or debit to or from an account associated with such Payment Method. XpertImm will make commercially reasonable efforts to work with any such affected Service Providers to resolve such transactions in a manner consistent with this Agreement.
6. Records of Compliance<\/strong>
Users will each (a) create and maintain records to document satisfaction of their respective obligations under this Agreement, including, without limitation, their respective payment obligations and compliance with tax and employment laws, and (b) provide copies of such records to the Company upon request. Nothing in this subsection requires or will be construed as requiring XpertImm to supervise or monitor a User\u2019s compliance with this Agreement, the other Terms of Service, or a Service Contract. You are solely responsible for creation, storage, and backup of your business records.
XpertImm agrees that it will store, backup, retain, or grant access to any information or data for each Client matter for the period request by a Service Provider to maintain that record under applicable legislation.
7. Warranty, Liability and Release<\/strong>
7.1 Warranty Disclaimer<\/strong>
You agree not to rely on the Website, the Platform Services, any information on the site or the continuation of the Platform. The Platform and the Platform services are provided on and \u201cas is\u201d and an \u201cas available\u201d basis. XpertImm makes no representations or warranties with regard to the Website, the Platform services, work product, or any activities or items related to this Agreement or the Terms of Service. To the maximum extent permitted by applicable law, the Company disclaims all express and implied conditions, representations, and warranties including, but not limited to, the warranties of merchantability, accuracy, fitness for a particular purpose, title, and non-infringement. Some jurisdictions may not allow for all of the foregoing limitations on warranties, so to that extent, some or all of the above limitations may not apply to you. Section 17 (Term and Termination) states user\u2019s sole and exclusive remedy against XpertImm with respect to any defects, non-conformances, or dissatisfaction.
7.2 Limitation of Liability<\/strong>
XpertImm is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to:<\/p>\n\n\n\n