Terms and conditions between the Taxolawgy and an expert.
- PLEASE READ THESE TERMS AND CONDITIONS FOR EXPERTS (‘EXPERT TERMS’) CAREFULLY, BY REGISTERING AND/OR USING THE SITE OR SITE SERVICES PROVIDED BY TAXOLAWGY OR ITS AFFILIATES, YOU ARE CERTIFYING THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THESE EXPERT TERMS. WE MAY MODIFY THE PROVISIONS OF THESE EXPERT TERMS WITHOUT NOTIFYING YOU, SO KINDLY CHECK BACK OFTEN FOR UPDATES.
- Experts using this website are professionals and consultants in various industries and specialties who educate, advise and share insights, analysis with financial and business leaders, professionals and other organizations and professionals (‘clients’).
EXPERT REPRESENTATION AND CONDITIONS:
By registering as an Expert in our website, you hereby acknowledge, agree and represent the following: –
- That, you operate an independent business, in which you have made an investment such as computer equipment or a home or other office, offering services to the public and are not economically dependent on taxolawgy or any Client.
- You are not prohibited, limited or restricted from participating in the site as an expert by any contract (e.g., employment, independent contractor, consulting confidentiality or non-disclosure agreements), any employer’s policies or codes of conduct, or any similar policies or obligations or you have obtained all necessary consents or waivers (e.g., the consent of your employer, any company or organization for which you have consulted, or any affiliated academic or government organization) to participate as an expert.
- That, your participation as an expert is not in violation of any regulation, policy or law. Neither your use of the website nor anything in this agreement creates any employment, partnership, joint venture, agency, franchise or sales representative relationship between you and taxolawgy.
- That, you do not have any authority to act or enter into any contract (whether oral or written), on behalf of taxolawgy.
- That, you are not eligible for any benefits, worker’s compensation or insurance coverage from taxolawgy or any client based on your participation in the site as an expert.
- That, you shall not identify any client of taxolawgy as your employer.
- That, you are joining this website in your individual capacity and not as a representative or on behalf of any other company or organization (such as past or present employers).
- That, you are free at all times to perform services independent of the website for any person or business, including any of the competitors of taxolawgy; provided, however, that you shall not violate these Expert terms.
- That, taxolawgy in its sole discretion may determine your eligibility for participating in the site as an expert. If you are in any way unsure about your ability to comply with these Expert terms, then you must decline to participate as an Expert.
- That, in providing services to clients, experts are free to retain and use their own employees and contractors and experts have sole control over those individuals, taxolawgy has no role whatsoever in hiring, training, supervising, compensating, disciplining, evaluating or terminating those individuals and no role in deciding their hours or compensation or duties.
- That, by registering as an expert you represent that you have not been convicted of, pleaded guilty to, or admitted committing a felony or any offense involving dishonesty or deception (e.g., theft, fraud etc) and that you have not been sued for theft of corporate assets, fraud, breach of a confidentiality or non-disclosure agreement, breach of fiduciary duty, or any similar action.
- That, you further represent that:
- You are not, and have not been, the target or subject of any regulatory or enforcement proceeding brought by any securities, commodities or other financial regulatory authority, self-regulatory organization or other law enforcement body; and
- You have not been debarred, excluded, suspended or otherwise not permitted to participate in any government or state programs. Should your status change with respect to any of these representations, you shall immediately deactivate your Expert profile o the site.
- That, taxolawgy reserves the right to deactivate your account on the occurrence or suspicion of the same, but shall not be under any obligation to do so and disclaims any liability arising as a result of the same.
CONFLICTS OF INTEREST AND LIMITATIONS REGARDING EXPERT ROLE:
- LEGAL PRIVILEGE: –That, in the event a client initiates a project involving its legal counsel, it is possible that the client may wish to assert a claim of legal privilege concerning the Project. Under these circumstances, Client’s legal counsel may ask you to enter into a separate written engagement agreement with them for your services (an ‘engagement agreement’). Any such engagement agreement shall prevail over any inconsistent terms in these expert terms and respect to your relationship and obligations to such clients with repsect to the project. Such engagement agreement shall not modify your obligations to such clients with respect to the project. Such engagement agreement shall not modify your obligations to taxolawgy or third parties, under these expert terms or otherwise.
- FALSE OR MISLEADING INFORMATION: – That, you agree never to disseminate false or misleading information or inaccurately represent your experience, education, employment or knowledge to us or any clients.
REPORTING PROJECT CONCERNS:
- That, if you become concerned with the nature of any inquiry or project by a client or a client attempts to influence your decisions (e.g what devices or services to use) in any manner, or that a client is marketing products or services to you rather than conducting research, you must discontinue your participation and notify taxolawgy immediately by emailing the same.
- That, to encourage you to err on the side of caution during your participation in the website as an expert, in the event you discontinue a project in order to comply with these expert terms and promptly notify taxolawgy as described above, you may not submit time to the submission logs other than time actually worked on a client project to date.
- That, you agree to co-operate fully in any inquiry conducted by taxolawgy concerning actual, alleged, or potential violations of these expert terms or any applicable law.
EXPERT INFORMATION: –
That, you agree to provide taxolawgy with accurate and complete biographical information (‘Profile’), including your current job status, past work experiences and to promptly update that information as it changes. Taxolawgy reserves the right to verify the information provided by or about you. Taxolawgy or its clients may ask you for other information about yourself, including your ability, availability or suitability to consult on particular topics in general. Such information about you as well as any information on the site’s expert profile and any photographs or images you choose to add to your profile, are your ‘Expert information’. While taxolawgy may revise Expert information on your behalf based upon information provided by you or other available sources, you are solely responsible for maintaining and updating you Expert information and ensuring its accuracy. You agree not to accept any project or consult with any client unless your expert information is accurate, complete and current. You may not put an expert network company as your current employer. You understand that taxolawgy, clients and taxolawgy third party partners are entitled to reply on your expert information.
ASSIGNMENT, ACCEPTANCE AND SCOPE OF PROJECTS:
That, as an expert only you decide what projects and platform activities you will undertake. You are under no obligation to taxolawgy to accept particular projects and there is no minimum time commitment, unless otherwise agreed in writing. Membership in the site as an expert is non-exclusive and you are free to perform services independent of the site for any person or business including any of the competitiors of taxolawgy; provided however that you shall not violate these expert terms. Taxolawgy makes no representation regarding the frequency, quantity or type of invitations to projects or platform activities you will receive or in which you will be chosen to participate.
COMPENSATION AND DELEGATION OF PROJECTS OR PLATFORM ACTIVITIES:
- Taxolawgy does not introduce clients to experts and does not help experts secure engagements, taxolawgy merely makes the site services available to enable experts find a suitable client or finds an engagement. However, both clients and experts are obligated to use the site to pay and receive payment for their work together if they identified each other through the website.
- That, when a client pays an expert, or when funds related to an engagement are otherwise released to an expert as required by the applicable payment instructions. C.C Avenue will credit taxolawgy who shall hold the payment and then pay out the amount to the expert after deducting a 10% user fee which taxolawgy earns (as the service fee) for creating, hosting, maintaining and providing the website and its services.
- That, unless otherwise agreed in writing or stated in any hire offer, clients are expected to pay your agreed rate only for the time you spend interacting with clients or projects. A client will not pay for the preparation time, wait time or time set aside by you if a project with client does not occur.
- That, all the interactions which take place between you and the client must be set up through the site or its systems. If a client contacts, you without having arranged the project through the website and you consult with the client, you are not eligible for payment from taxolawgy even if the call is a follow up to a recent project that was arranged through taxolawgy.
- That, clients are not authorized to expand the scope of a project once hiring of an expert for that project is completed and accepted, unless they add hours to the project through the site while the project is ongoing and before it closes.
- That, taxolawgy is not responsible for any non-payment by the client for hours you logged as an expert on the site. Also Taxolawgy is not responsible for any non-payment of expense reimbursements by the client and not liable for any continued non-payment of dues by the client.Taxolawgy shall solely be a facilitator and shall not be responsible for payment of any time spent by you on hours not logged in the websites submission log, or for any time spent before being hired by client for any reasons.
- That, you shall not accept any compensation other than that paid out through taxolawgy for your project or platform based activities performed for clients other than expense reimbursements which should be submitted directly to the client off site.
That, if the work is not done within the stipulated period or if there is a delay in the work to be performed by the experts for the clients then depending upon the reasons for the delay or after providing a further grace period to the experts wherever applicable or as the case may be, taxolawgy may provide the amount paid by the clients as refund. Taxolawgy reserves this right to initiate refunds to the clients upon there being a failure to complete the work within the stipulated period and it is agreed that neither taxolawgy nor the client are liable for any loss, cost, expense, claim or damage of any nature from such initiation of refund taking place due to a delay caused by you.
REVIEW AND RATINGS:
That, taxolawgy follows the review and rating system by which upon completion of a task taxolawgy asks the clients to provide their review and give a rating based on their satisfaction level. These ratings and reviews are accessible by any client with access to your profile through the website. That, it is hereby agreed that if there is a negative review or a poor rating neither taxolawgy nor the client are liable to any loss, cost, expense, claim or damage of any nature from such review or rating. If the rating of your profile goes below 3 stars taxolawgy reserves the right to deactivate your expert profile and your ability to be an expert on the site. You release taxolawgy and all persons acting under its permission or authority from any claim, liability or action in law including claims for defamation, copyright infringement or invasion of privacy arising in connection with your expert information and/or Ratings and Reviews.
ANTI-CORRUPTION LAW COMPLIANCE:
That, it is hereby agreed that you are aware of and fully understand all applicable laws and regulations. Hence when performing woek on behalf taxolawgy or its clients you shall not offer, promise or pay any money, gift, or any other thing of value to any person for the purposes of influencing official actions or decisions, while knowing or having reason to know that any portion of this money, gift, thing shall directly or indirectly be given, offered or promised to –
- An employee, officer, or other person acting in an official capacity for any government (or its instrumentalities), government owned/controlled organization, enterprise or entity, or public international organization (e.g., WHO, World bank, united nations.) or;
- Any political party, party official or candidate for political office;
For the purposes of obtaining or retaining business or inducing any person to cease to act in good faith, impartially, or in accordance with a position of trust; or to improperly induce such a person to provide you with information.
NON-SOLICITATION OF CLIENTS:
That, as a condition to participation in the site as an expert, for clients to whom you are first introduced to through taxolawgy, for a period of one year from the most recent Project completion or introduction to such client, you agree not knowingly solicit projects from or propose or agree to any kind of consulting, advisory(including directorships), or employment or other service arrangement with such client, either directly or indirectly , without the written permission of taxolawgy.
- That, if you represent any information and materials, regardless of format which you submit or upload to a taxolawgy website or provide to a client (collectively, ‘Content’) is your intellectual property or that you have obtained necessary permission from the appropriate authority. You are solely responsible for those content and you agree not to submit any content which is unlawful, threatening, defamatory, profane, deceptive, misleading, infringes on the right of another or otherwise violates these expert terms.
- That, if a client hires you for a project the content you create in connection with that project is solely owned by client and may be used by such client for any purpose permitted under that client’s agreement with taxolawgy.
- That, you further agree and acknowledge that taxolawgy clients may elect to record or transcribe your consultations or other interactions with them, and that any such recordings or transcriptions are owned by taxolawgy clients and may be used for any purpose permitted under that client’s agreement with taxolawgy.
- That, it is agreed certain clients may have a professional, (in addition to the client users) whom you might speak with, chaperoning phone consultations and their presence might be unannounced and may be silent on the phone consultations. By signing these expert terms, you consent to your consultations being chaperoned and recorded at taxolawgy client’s elections.
That, it is agreed the contents which you submit for publication by taxolawgy other than syndicated content shall be owned by taxolawgy and you shall retain no lisence to use such content unless otherwise provided by taxolawgy in terms of such publication.
That, taxolawgy may invite you to participate in a project for which your image, likeness, animation and/or voice may be recorded and/or transcribed in any media (‘Recordings’) by taxolawgy or its agents, such as at a live meeting, webcast, conference call, conference, interview, or other event. You agree, notwithstanding anything else in these Expert terms, that taxolawgy (or if applicable, the client who records their projects as facilitated by taxolawgy) owns such recordings and has the exclusive right to attribute such recordings to you and use, distribute, publish, modify, adapt, print, publicly display in original form or as edited or modified by client or taxolawgy.
That, for content other than project, retained, syndicated content and recordings you grant taxolawgy a perpetual, world-wide, royalty-free, transferable and exclusive license to use, distribute, reproduce, publish, reprint, modify, adapt, sublicense and publicly display such content in whole or in part, in original form or as edited or modified by taxolawgy in all languages and forms for any commercial or non-commercial purpose unless otherwise agreed in writing.
CONTENT RELEASE AND INDEMNIFICATION:
That, it is agreed you shall release taxolawgy and all persons acting under its permission or authority from any claim, liability, or action in law, inclujding any claims for defamation, copyright infringement or invasion of privacy arising in connection with your content. Further you agree to indemnify, defend and hold harmless taxolawgy and its clients from and against any third party claim that your content or the use of your content infringes upon any patent, trademark, copyright, trade secret, or other intellectual property right, including any related liabilities.
- That, you agree and acknowledge that taxolawgy may collect, retain and verify information about you including but not limited to your expert information and contact you by email, telephone, sms, or otherwise to process and administer details of your membership in the site as an expert to provide you with oppurtunities to participate in projects. If you terminate your participation in the site as an expert, taxolawgy will use reasonable efforts to cease email and telephone contact with you but may retain your expert information
- That, it is agreed taxolawgy and third parties acting on behalf of taxolawgy may also use and analyze your information to administer, support, improve, market, promote and develop the business of taxolawgy, its affiliates and their respective business partners at any time.
- That, you agree taxolawgy may disclose your information to clients and non-client third parties for the purpose of promoting taxolawgy business, including without limitation by displaying such information on taxolawgy websites, third party partner websites, print media and other materials collectively, ‘Marketing Materials’. You may opt-out of this promotional use by contacting ____________.
- That, it is agreed taxolawgy may disclose your information in response to any legal process, to protect taxolawgy or a client’s rights, as otherwise required by law, or for the prevention or detection of a crime or fraudulent conduct.
- That, if taxolawgy sells all or part of its company or enters into a partnership with another business entity, you agree that taxolawgy may disclose your information to its new business partners or owners who may then provide you with information about their products and services. Taxolawgy will not sell your information to third party marketers however taxolawgy can share your information with your prior consent.
- That, it is agreed you authorize taxolawgy to make required client disclosures on behalf of and at the direction of clients as and when required. The client disclosure would be minimal.
- That, it is further agreed the expert information may be transferred to any other office of taxolawgy. You may request a full list of all subsidiaries and affiliates of taxolawgy Inc.
CONFIDENTIALITY AND USE OF TAXOLAWGY AND CLIENT INFORMATION:
(A). That, during the course of participation in the site as an expert you shall not disclose any confidential information which includes: –
- Material, non-public information, including information related to company, security, industry, legislation;
- Any proprietary information including trade secrets, copyrighted information, business information belonging to past or present employers, companies for whom you have consulted or any third party;
- Any information that you have a duty or have agreed to keep confidential (e.g., by contract, fiduciary duty etc.);
- Information that was disclosed to you or to which you were permitted access under the assumption or expectation that you keep it confidential;
- Information you believe may be confidential.
- Additionally, you will not disclose any information that you are otherwise prohibited from disclosing under the applicable law or which might result in your breach of any regulatory, legal, ethical, or professional standard or rule.
(B) That, while you are an expert and thereafter, you agree not to disclose or to attempt to use or personally benefit from any restricted information that is disclosed to or known by you because of your participation in the site as an expert until such time as the restricted information has become publicly available through no action of your own, except to the extent required by law or expressly permitted by taxolawgy for the purpose of facilitating a particular project. The following should be considered as strictly confidential:
- The identity of clients
- Information about projects
- Information about any actual or potential business, investment or trading decisions or transaction of clients.
- Any other non-public or proprietary information of taxolawgy or its clients,
(C) That, upon request by taxolawgy or the applicable client, you agree to return or destroy all restricted information in your possession.
(D) That, some projects or platform activities are collaborative and involve working with other experts. You owe the same duty of non-disclosure to such other experts as you would to any client under these expert terms.
- That, you are responsible for providing your or your organization’s payment details on your taxolawgy account page and keeping such information up-to-date. If you are employed, you must follow your employer’s policies that may relate to payment by taxolawgy.
- That, as a condition to payment, you may be required to provide certain confirmations related to the project for taxolawgy and/or the client with whom you consulted including additional identifying information.
- That, the payment shall be made based on the rates as quoted by you upon the successful completion of work.
- That, in the event a client disputes your request for payment on the project activity, taxolawgy may withhold payment until such dispute is resolved.
- That, it is also agreed in the event of such a payment dispute, taxolawgy has the sole and final authority to resolve such dispute in reasonable discretion and you agree to be bound thereby.
- That, it is agreed if you violate the expert terms as mentioned in this agreement you shall have no right to any payment and in cases where you have received the payments from clients despite violating the expert terms taxolawgy reserves this right to recover such payments in full.
- That, you agree to all the fees imposed on you by the banks or other financial institutions to process any payment from taxolawgy are your sole responsibility including processing and foreign transaction fees.
THAT, any controversy or claim arising out of or relating to this Agreement or TAXOLAWGY services shall be settled by binding Arbitration in accordance with laws of India. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. You and taxolawgy are agreeing to give up any rights to litigate claims in a court or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to a court, may also be unavailable or may be limited in arbitration.
Right to injunction/ limitation on liability:
That, in the event that you breach, or threaten to breach any of the obligations contained in this agreement, you acknowledge that taxolawgy and/or clients remedies at law will be inadequate and that client and/or taxolawgy will be entitled to an injunction to prevent your prospective or continuing breach and to maintain the status quo pending arbitration provided as above. In no event shall taxolawgy be liable to you or any other party for any damages resulting from relating to your participation as an expert, the performance of any services by you as an Expert, or the business operations of taxolawgy, including including without limitation for any incidental, consequential, punitive or special damages regardless of the theory of liability and even if taxolawgy was informed of the possibility of such damages. You are solely responsible for your actions and omissions.
The invalidity or unenforceability of any provision of these expert terms shall not for those reasons alone affect the validity or enforceability of any other provision of these expert terms.
THIRD PARTY RIGHT:
That, a person who is not a party to these expert terms has no rights under this agreement to enforce any term.
That, subject to your obligation to complete projects for which you are engaged you have the right to withdraw from the website as an expert at any time upon notice to taxolawgy. Taxolawgy may suspend, limit or cancel your access to the site at any time for any reason without notice because: –
- We believe you have violated these expert terms.
- We believe you have violated our rights/ third party rights.
- We are unable to verify or authenticate information you provided to us.
- We believe your actions may create liabilities for you, us or a third party.
By signing up as an expert on the site, you agree to these expert terms and you acknowledge that you are making express representation to taxolawgy and clients that, you will abide by all of your obligations and responsibilities as set forth in these expert terms.