TERMS AND CONDITIONS FOR EXPERTS
Last Updated: 1st September, 2017
These terms and conditions (“Terms”) are specifically for every individual who has been registered as an “Expert” on the Get Me Experts platform (“the GME”) and/or is using the GME services. These Terms are in addition to the generic terms and conditions listed on the websites which are common to all users of the GME. By registering on the GME, you are certifying that you have read, understood and accepted to be bound by these Terms. Any violation of these Terms will result in the Expert’s account being temporarily/permanently blocked on the GME. These Terms are constantly updated by us, so please apprise yourself often of the latest updates.
The GME is a tech-platform to find, connect and engage with some of the world’s finest independent professionals quickly and easily offering support, advise and analysis to individuals and high caliber businesses worldwide (the “Clients”). the GME provides Experts a platform to participate in different types of projects in various fields for the Clients, which includes but not limited to promoting expertise on social media, giving audio/video advice on the GME, getting involved in transparent and open dealings, maintaining the Client’s confidentiality for data\information\transactions, invoicing through the online platform. Additionally, the Experts may receive rewards for referring friends to the platform, participating in online discussions and webinars with other experts and Clients and continue learning though the GME.
Expert Representations and Conditions
By registering as an Expert, you acknowledge and agree to, and represent and covenant the following:
1. You must provide complete and accurate information while registering on the GME. You agree not to accept any Project or consult with any Client unless your Expert information is accurate, complete, and current. You are bound to go through the reference checks and background checks to be carried out as per the requirements of the GME. Any misrepresentation of information or hiding of material information or impersonation would result in your account being blocked on the GME.
2. During your participation in the GME as an Expert, you agree to act in a professional and workman-like manner, to the best of your ability, and in accordance with these Terms, applicable law and any obligations you may have that limit or restrict the scope of your participation in the GME as an Expert.
3. You are solely responsible for your content posted on the GME and you agree not to submit Content that is unlawful, threatening, defamatory, profane, deceptive, misleading, infringes on the rights of another, or otherwise violates these Terms. the GME reserves the right to refuse to accept, post, display or transmit any content in its sole discretion.
4. You have to keep all the Client’s data, information, transaction (including trade secrets) strictly confidential. Also, for Intellectual Property dealings, the identity of Clients must be kept confidential.
5. You agree to be paid only after timely and agreed service level delivery.
6. You will be responsible for all the infrastructure required to perform your services including but not limited to computer equipment, internet connection, a home or other office and will not be in anyway economically dependent on the GME.
7. You are not prohibited, limited or restricted from participating in the GME 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.
8. Your participation as an Expert is not in violation of any regulation, policy or law. Neither your use of the GME nor anything in these Terms creates an employment, partnership, joint venture, agency, franchise, or sales representative relationship between you and the GME.
9. You are not eligible for any benefits, worker’s compensation or insurance coverage from the GME or any Client based on your participation in the GME as an Expert.
10. You are joining the GME in your individual capacity and not as a representative or on behalf of any other company or organization (such as the past or present employers).
11. The GME, in its sole discretion, may determine your eligibility for participating in the platform as an Expert. If you are in any way unsure about your ability to comply with these Terms, then you must decline to participate as an Expert.
12. If you come across any suspicious activity, content or behavior on the GME by a Client or another user, you must report it to the GME immediately so that necessary actions can be taken – this is both your duty and obligation.
13. While we make our best efforts to bring you the best Client opportunities possible, the GME 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.
the GME’s Role
GME is not a party to the dealings between any Client and the Expert, including but not limited to introducing Client to Experts and vice versa, posting project requirement, screening or selecting Experts, contracting with Experts. The GME makes the platform available to enable Experts to identify and determine the suitability of Clients for themselves and to enable Clients to identify and determine the suitability of Experts for themselves. The GME does not, in any way, supervise, direct, or control any Expert or Expert’s work. In providing the services to Clients, Experts are free to retain and use their own employees and contractors, and Experts have sole control over those individuals GME makes no representations about, and does not guarantee the quality, safety, or legality of, the Expert Services; the truth or accuracy of any Expert’s listings on the GME; the qualifications, background, or identities of Users; the ability of Experts to deliver the Expert Services; the ability of Clients to pay for the Expert Services; or that a Client or Expert can or will actually complete a transaction. ALL EXPERT SERVICES, AND ALL INFORMATION, DATA AND ACTIVITY RELATED THERETO, ARE PROVIDED “AS IS,” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Any feedback or review or rating provided by the GME is based solely on data that Experts or Clients voluntarily submit to the GME and does not constitute and will not be construed as an introduction, endorsement, or recommendation by the GME. The GME provides such information solely for the benefit of the users and disclaims any warranties related to such information, including any truth, accuracy, completeness or currency thereof.
Acceptance and Scope of Project
As an Expert, it’s your sole responsibility to decide what kind of projects and platform activities you will undertake. You are not obliged to the GME to accept particular projects. Membership in the GME as an Expert is non-exclusive, and you are free to perform services independent of the GME for any person or business, including any of the GME’s competitors; provided, however, that you shall not violate these Terms.
The GME simply makes the platform available to Experts to find suitable projects and thus does not charge any fee for it. However, the Client and the Expert are obligated to use the GME online invoicing platform, to pay and receive payment for their work together if they identified each other through the GME. When a Client pays an Expert, as required by the applicable payment instructions, Client ( User) will credit the GME who will hold the payment and then pay out the amount to the Expert at the end of the month, less a pre-agreed percentage commission fee as per subscription plan that the GME earns (the “Service Fee”) for creating, hosting, maintaining, and providing the GME Services. If no paid subscription plan is chosen, then the commission fee is 15%. All the Clients or Experts are solely responsible for all tax returns filings and payments required to be made to any federal, state, or local tax authority in any nation with respect to the Expert’s performance, and Client’s acceptance, of Expert services.
You are responsible for providing your payment details and keeping the information updated. Unless otherwise agreed in writing or stated in any project offer, the Clients are expected to pay your agreed rate only for the time you spend interacting with Clients on projects arranged solely through the GME. A Client will not pay you for preparation time, wait time, or time set aside if a project with the Client does not occur. You may not assign projects or delegate any portion of your work to others (including without limitation to any other employees of your firm) without written consent of the Client.
The GME is not responsible for any non-payment or any continued non-payment of dues, expense reimbursements by the Client. You will not accept any compensation other than that paid out through the GME for your projects performed for Clients. In case you are guilty of violations of any of the Terms, the GME has the authority to fully recover any payments already done to you. You may be required to provide additional information (including your Social Security number or equivalent Tax Identification number) about yourself as part of GME’s security procedures. You agree that all fees imposed on you by any banking institution to process any payment from the GME are your sole responsibility including processing and foreign transaction fees.
Feedback: Review and Rating
On completion of the project, we ask the Client to give feedback comprising review and ratings of the experience with regard to the project on the GME. The feedback is publicly available on the GME. In case you receive a negative feedback from the Client, neither the GME nor the Client is liable for any loss, cost, expense, claim or damage, of any nature, from such review or rating from such feedback. The GME reserves the right to deactivate the profiles of low performing experts. You release GME, and any and all persons acting under its permission or authority from any claim, liability, or action in law, including any claims for defamation, copyright infringement, or invasion of privacy, arising in connection with the Expert feedback.
Non-Solicitation of Clients
During, and for a period of one year after the termination of, your relationship with the GME, you also agree not to knowingly solicit for employment any employee of the GME or any Clients to whom you were first introduced due to your Expert status on GME.
Intellectual Property Rights
the GME claims no ownership or control over any content including any text, data, information, and files that you submit, share, displayon or through the GME services.Additionally, by displaying the content on the GME you represent that you own all the intellectual property rights to the content or you have obtained any necessary permissions or licenses to such content in order for such content to be transferred and/or licensed in accordance with these Terms. By submitting, posting or displaying content on or through the GME services which are intended for the public, you grant the GME a worldwide, non-exclusive, royalty free license to reproduce, adapt, modify, publish and distribute such content on the GME for the purpose of distributing, displaying and promoting the GME services.
If a Client selects you for a Project, content you create in connection with that Project (“Project Content”) is solely owned by the Client (e.g., as a “work for hire”) and may be used by such Client for any purpose permitted under that Client’s agreement with the GME, which may include reproduction, disclosure, transmission, publication, broadcast, and posting, unless otherwise agreed in writing by the GME and the Client, and you hereby assign to the Client all right, title and interest in and to the Project Content.
The GME 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 The GME or its agents, such as at a live meeting, webcast, conference call, conference, interview, or another event. You agree, notwithstanding anything else in these Terms, that The GME (or if applicable, the Client who records their projects as facilitated by The GME) owns such Recordings and has the exclusive right to attribute such Recordings to you and to use, distribute, reproduce, publish, reprint, modify, adapt, sublicense, and publicly display such Recordings, in whole or in part, in original form or as edited or modified by The GME or such Client, in all languages and forms, for any commercial or non-commercial purpose unless otherwise agreed in writing. You additionally release the GME, and any and all persons acting under its permission or authority from any claim, liability, or action in law, including 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 the GME 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, costs and expenses.
As you discharge your responsibilities as an Expert on the platform, you may be given access to any information including but not limited to material, non-material information, proprietary information including trade secrets, copyrighted information, business information, and any other information which you must keep confidential. Additionally, you will not disclose any information that you are otherwise prohibited from disclosing under the applicable law. If you are required by law to disclose any confidential information, you must promptly notify the GME.
Limitation of Liability
the GME is not liable, and you agree not to hold it responsible, for any damages or losses arising out of or in connection with your use of the GME. In no event shall the GME be liable to you or any other party for any damages resulting from or relating to your participation as an Expert, the performance of any services by you as an Expert, or the business operations of the GME, including without limitation for any incidental, consequential, punitive, or special damages and even if the GME was informed of the possibility of such damages.
These Terms are governed by the Laws of India without regard to any conflicts of law provisions. Any dispute, controversy or claim arising or relating to these Terms. shall be exclusively and finally determined under the rules of “The Arbitration & Conciliation (Amendment) Act 2015” in effect from time to time. The venue for all arbitrations shall be India unless otherwise agreed by the parties in writing. The language to be used in the arbitral proceeding will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Each party is responsible for its own legal fees, and the arbitrator may not include the payment of attorneys’ fees or expenses as a part of any award. You and GME are agreeing to give up any rights to litigate claims in a court or before a jury or to participate in a class action or representative action with respect to a claim.
The invalidity or unenforceability of any provision of these Terms shall not for those reasons alone affect the validity or enforceability of any other provision of theseTerms.
The provisions of sections of these Terms entitled Non-Solicitation of Clients, Intellectual Property Rights, Confidentiality, Limitation of Liability (and any other provisions that, by their nature, should survive) shall survive any termination or expiration of these Terms.
Subject to your obligation to complete Projects for which you are engaged, you have the right to withdraw from the GME as an Expert at any time upon sixty days notice to the GME. the GME may suspend, limit, or cancel your access to the platform at any time for any reason without notice, including because: (i) we believe you have violated these Terms; (ii) we believe you have violated our rights or the rights of any third party; (iii) we are unable to verify or authenticate information you have provided to us; or (iv) we believe your actions may create liabilities for you, us or a third party.
By registering as an Expert on the GME, you agree and accept the terms and also declare that you will abide by all the obligations and responsibilities towards the GME and the Client as set forth in these Terms.