Qualifo Expert Services and Site Agreement

1. Introduction

Qualifo, www.qualifo.com (“Qualifo.com” or “Site”) is a web site that is a marketplace for online professional advisory services. Qualifo.com is owned and operated by Qualifo Limited. (“Qualifo”), an incorporated company registered in the Hong Kong Special Administrative Region.

This Agreement sets and contains all of the terms and conditions between you, an expert in your field (“Expert” or “Expert”, hereafter the term “Expert” means exactly the entity named “Expert”) and Qualifo. By submitting an Expert registration form, a binding agreement will be executed between you and Qualifo. The Expert should therefore read this Agreement carefully. If, however, you (the Expert) do not agree to be bound by this Service Agreement click the "No" button. In such case you will not be able to register as an Expert at Qualifo.


Please note: when you register as an Expert you automatically become a Site Member, therefore the provisions of Qualifo Terms of Services and Member Agreement are an integral part hereof, and are incorporated herein as part of this Agreement.

2. Definition of Service and users identity:

Qualifo.com provides the Expert an infrastructure solely for use as a venue where he may present his expertise and sell advice, products or services to interested Qualifo.com users ("Members" or "Clients", see below for detail). Qualifo will provide Expert with a virtual office and tools that will enable, communicating, selling and billing Site Members for services and products provided by Expert. The specific features and functionality of the Site are to be determined solely by Qualifo and are subject to change or termination without notice. Qualifo makes no representation or warranty whatsoever as to the willingness or ability of Members to pay for an advice given by the Expert.

A Client (“Client” hereafter) in Qualifo is person or entity which the respective user name and password is representing and signed in for participation of consumption of services, products and/or other activities on Qualifo.

An Expert (“Expert” hereafter) is person or entity which the respective user name and password is representing and signed in for provision of services, sales of products/ services on QUALIFO, or other business activities, for, but not limited to financial reward. Successfully registered Experts on Qualifo will automatically become a client as well and are compulsory to accept ALL terms and condition bounding Members, including Clients on Qualifo.com. I.e. Experts can also consume/purchase services/products on the Site from other Experts as well, and are fully bounded by ALL the terms and conditions that are applicable and to be accepted and acknowledged by Clients.

“Members” include ALL registered users and/or entity of Qualifo. I.e. Both Experts and Clients are Members and must be bounded by, agree, and acknowledge ALL PARTS of the Qualifo Terms of Service and Member Agreement and the Qualifo Expert Service and Site Agreement upon registration, and agree to fully acknowledge and accept the current version and later the updated version (if any) of all of the terms and conditions stated upon using any features, service, tools, web platform, software, applications and other functionalities provided by Qualifo and on Qualifo.com.

3. Experts role, identity and relationship with Qualifo

Experts shall understand and agree that Qualifo is only a web-platform provider, where no experts will be directly or indirectly hired by Qualifo and Experts are not engaged in an employee-employer relationship with Qualifo. Hence, Qualifo will not be responsible for keeping any amount of money and other financial record for tax, audit, accounting, and pension fund or other financial obligation for Experts. It is the Expert’s sole responsibility to fulfill tax and other regulation of the country, territories/ states that he/she resides, and are obliged to report and pay to the government of his/her own country, region or territory for taxation and other compulsory financial obligations.

Information provided by Experts, either through one on one chat, email, messaging, items sales or other form of communication with Clients are solely representing opinions and views of individual Experts, and have no relation or representing Qualifo or Qualifo’s view in any manner.



3. Expert Warranties:

By submitting the Expert registration form, the Expert warrants, acknowledges, declares and agrees to the following:

  • A) He/She is at least 18 years of age or a legally organized entity and that he/she is authorized to represent the person or entity that is submitting an expert registration, to sign the registration form on its behalf and bind it;

  • B) He will provide correct representation of skills, degrees, background, award received, qualification and other information as prompted by any form in qualifo.com, and will maintain and update such information during the term of this Agreement to keep it true, accurate, current and complete.

  • C) He will not misrepresent himself or create a misleading name or listings. He will only sign up and set up an account solely representing himself, and will not sign up and display information of other individuals

  • D) He will not provide advice or information which may only be lawfully rendered or provided by a licensed professional unless he or she is a licensed professional in the relevant field of expertise and abides by all relevant laws, rules and regulations, including, without limitation rules of ethics and professional responsibility.

  • E) Experts will not add hyperlink to sites outside qualifo.com in any area of their pages or sections that can be publically viewed by other members of Qualifo within qualifo.com, which include sales of materials or other goods, information, or items, or intentionally link to sites or pages that sell or promote other items or materials, both soft or hard copies, goods or any kind of services. Experts shall never use Qualifo for advertising/ marketing for other sites or third parties or him/herself other than services and goods provided by him/herself within Qualifo, unless obtaining written consent by Qualifo. Qualifo reserves the ultimate right to terminate Experts’ right of using Qualifo.com for any possible reason.

4. Expert’s Conduct:

Experts will be solely and fully liable for all conduct, postings and transmissions that are made under his user name and password. The Expert warrants and declares that while he is using qualifo.com he will act according to the following rules:

  • A) Expert will be solely responsible for the services and products he gives to his Clients and to the verification of their identity and other information delivered to him by members.

  • Qualifo is not involved in any transactions between Expert and Members. Qualifo does not control the accuracy of any postings on the Site or transmissions through it by any member. In addition, Qualifo cannot and will not make any effort to verify the identify of any of its Members nor the accuracy of their information or advice provided;

  • B) Expert agrees that any information or content that he/she posts or transmits through Qualifo.com will not be considered confidential. Expert grants Qualifo an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, publicly perform, create derivative works communicate to the public any such information and content on a world-wide basis;

  • C) Experts will not attempt to provide any service that he is not qualified to provide, even if requested so by a Client.

  • D) Expert will not mislead Clients to believe that he/she can provide a service which is outside his fields of expertise;
  • All interactions between Experts and Clients will be billed through Qualifo.com. Expert agrees to abide by the pricing and commission terms agreed upon with Members while utilizing qualifo.com;

  • E) All transactions of products and services between Expert and Client must be carried out via Qualifo platform. Every person who contacts an Expert via Qualifo (whether by voice, video conferencing, online courses, attending live event, chat, instant messaging, email or other medium) will be considered to be a Client. Any sales of products , materials, or services transaction held privately between Clients and Experts outside Qualifo.com is strictly prohibited, and Qualifo disclaims ALL obligations and responsibilities over any consequential (directly or indirectly) losses or damages caused by such transactions.

  • F) Expert will not take any actions which may undermine, disrupt or manipulate the integrity of the Expert feedback (rating) and/or review system on the Site. Currently only ratings for paid sessions or product purchase of $1.00 and more will count towards the Experts's public ratings and rating average. Qualifo may change the above-mentioned minimum session fee at any time and without warning, and even remove old ratings given for paid sessions with a fee lower than any newly set minimum fee. Qualifo also reserves the right to exclude without explanation any rating that we think may compromise the integrity of the Expert feedback system.

  • G) Experts will not interfere with or disrupt the qualifo.com Site or servers or networks connected to the Site;

  • H) Experts will not attempt to gain unauthorized access to other computer systems or networks connected to the Site, and will not transmit "junk mail" , SPAMS, or any unsolicited mass distribution of email or bulletin board postings, messages, or perform email marketing of any kind, or contact, or send message to Clients who has clarified that he or she are not willing to receive any more message from that particular Expert;

  • I) Expert will not transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind;

  • J) Expert will not disobey or breach this Agreement or any other applicable instructions conveyed by Qualifo or its officers;

    Expert will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;

  • K) Expert will not upload, post, e-mail, transmit or otherwise make available any information or material that infringes a third party right, especially copyright or other intellectual property rights; IT IS THE EXPERT’S OBLIGATION TO ENSURE THAT MATERIALS HE/SHE POST ON QUALIFO.COM IS WORK PRODUCED BY HIMSELF/HERSELF PRIVATELY, OR HE OR SHE MUST BE THE COPYRIGHT OWNER OR HE/SHE HAS THE FULL RIGHT TO SHARE OR POST OR SELL OR RESELL ON BEHALF OF HIS/HER OWN IDENTITY, OR ENTITY THAT HE/SHE BELONGS TO ACCORDING TO INTERNATIONAL COPYRIGHT LAW.

  • L) Expert will not upload, post, e-mail, transmit or otherwise make available any third party advertisements, including banner exchange services;

  • M) Expert will not upload, post, e-mail, transmit or otherwise make available software viruses, Trojan horses, worms or any other malicious application; EXPERTS HEREBY GRANT THE RIGHT TO QUALIFO LIMITED, AND QUALIFO LIMITED RESERVES ALL THE RIGHT TO CLAIM AND RECOVER FOR ANY LOSSES, DAMAGE CAUSED.

  • N) Expert will not impersonate any person or entity, or make any false statement regarding his employment, agency or affiliation with any person or entity;

  • O) Expert will not stalk, threaten or harass Clients or other Experts or invade or attempt to invade their privacy;

  • P) Expert will not upload, post, e-mail, transmit or otherwise make available any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law, or intend to provide services or products that is a criminal offense defined by any applicable law,

  • Q) Expert will not disclose any information that was provided to him by a Client or other Experts without prior written consent from the relevant Client or expert and will use his/her best efforts to guard Clients’ privacy.


    R) Qualifo may review the Expert's personal profile and amend any typing or spelling errors. Qualifo cannot and will not examine the truthfulness, validity or accuracy of the details in the Experts' personal profile or in any of his postings, transmissions, broadcast content, published materials, sales products and other disclosed or displayed material from Experts. However, Qualifo may, in its absolute discretion, remove or refuse to post or transmit any content uploaded by the Expert. Without derogating from the above, Qualifo may remove any content violating this Agreement. The Expert will bear all the risks associated with the uploading and transmitting material utilizing Qualifo.com, including reliance on its accuracy, reliability or legality.


  • S) Expert agrees that any information, contents, items, or materials that he or she posts, upload, transmits or receives through Qualifo.com will not be considered confidential. Member grants Qualifo.com an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, publicly perform, remove, create derivative works, or communicate to the public any such information and content on a world-wide basis. Expert also agree that he/she shall grant the right to the public to embed, share and hyperlink towards demos of items, pages and other publically viewable content into any third party website.

  


5. Private information from clients


During the course of communication between Clients and Experts on Qualifo, there may be situations where Clients have to provide extra personal or private or case-sensitive information to Experts in order to enhance communication effectiveness for a more exhaustive advice or solutions.

Unless mutually agreed with prior written consent, Experts should not disclose, partially or fully, One on one expert advisory sessions content with Clients, Clients’ personal/private/case-sensitive/confidential information to anyone in any ways/methods either within or outside Qualifo. Experts’ should spend his/her best effort in protecting such information from being disclosed to an unauthorized third party. Breaching of such agreement by Experts will potentially lead to immediate termination of Qualifo Membership and potential lead to serious legal offense.





6. Experts commissions fees for using qualifo.com:


Note: For typing chat, instant messaging, voice chat, video conferencing Expert advisory, Qualifo will charge Expert a connection fee of US$ 0.05/minute after the free introduction session provided by the Expert ends. ALL COMMISION is of the services on qualifo.com is calculated by first deducting the compulsory US$0.05 connection fee from Client’s paid amount.

Calculation of amount transacted (for both Expert’s charging time and connection fee) will be using a minimum unit of 1 minute, and time less than 1 minute will be calculated as 0 minute. For Experts which minimum charge is applied, the minimum charge amount will be paid by the client instantaneously once the Expert is hired. E.g. 3 minutes 45 seconds will be calculated and billed as 3 minutes.


The table below is the commission charged by Qualifo to Experts activities on qualifo.com

activities

Commission rate

definition

Example

One on one advisory

25%

communication session between Client and Expert through typing chat, voice chat, paid- email answers (no free period), or video conferencing

Expert sets: first 3 minutes free, then $5.05/minute afterwards.

So Expert in a session of 53 minutes will be paying: (53-3) x (5.05-0.05) x 25% = $62.5 to Qualifo as commission

E- learning materials

25%

Sales of any material by Expert on his/her Library/Shop

e.g 1. $15 per item, commission = $15 x 0.25 = $3.



Note that the above prices of commissions are subject to changes without prior notice or warning. Qualifo reserve the right to change any rate of commission of any type of service for any amount at any time. Yet, Qualifo will use reasonable efforts to notify the Experts in advance of any such change via email and/or via messages in Experts’ “my qualifo” and/or posting modification on the Site.

7. Fund reception and withdrawal process:

Experts can request to withdraw fund any time as they wish. However, after registered as an Expert, he or she or the entity which the Expert represents is also instantaneously become a Client of qualifo.com and be bounded by Qualifo Member Agreement . In qualifo.com:

  1. Money earned by Expert through successfully providing satisfied sales and/or services on the Site (hereafter “earned amount”), and external fund outside qualifo.com deposited into the Expert’s account (as a Client) (hereafter “deposit amount”) are treated separately.

  2. Balance = earned amount + deposit amount

  3. Earned amount refers to amount that Expert can request for withdrawal using the various withdraw method available on Qualifo, and it can be spend by Expert for purchasing other services or items from other Expert in Qualifo.

  4. Pending Income (“Pending Income” hereafter) refers to money in an Expert’s Qualifo account that is freshly paid by Client, and yet to be qualified as “dispute-free”, means that the amount of this kind is earned from providing products or services and transactions of these has to pass the 2 weeks clearing period.

For transaction that are dispute-free and complaint free and no request for refund is submitted, after the 2 weeks clearing period, Expert can request for withdraw and money will be sent to Expert either by Cheque or Paypal in the 1st of the coming calendar month.



All pending amount is subject to be withheld if any dispute or complaint is raised by Client who has contributed partially or fully to paying that amount through purchasing product or services from the respective Expert.

Operation process and condition of successful fund transfer:



The Connection Fee and Qualifo commission will be deducted from any Expert Fees or other payment that will be received by Qualifo and credited to the Expert’s account “pending earned amount” section ONLY under these conditions (except a rating of 3 or more star is given, then that particular Pending Income amount will become Earned amount):

  1. No dispute or complaint is raised by any of the Client(s) who paid for the respective one on one Expert session in 72 hours after a session is finished, or 72 hours after the respective Paid-email answer is submitted by Expert.

  2. No complaint or dispute is raised for any purchase of material in Expert’s “library” (a.k.a. expert’s shop) section within 168 hours after the purchase has taken place.

  3. No complaint or dispute is raised for any reason regarding the accuracy, precision, quality and/or relevance of content/product/ material being sold or provided to that being described within 168 hours after the purchase has taken place.



Any complaint or dispute raised by Clients regarding the relevance and quality of material will potentially lead to delay of fund withdrawal and/or transfer process from Expert’s Qualifo account, or delay the process of turning Pending income into Earned income. QUALIFO RESERVES ALL RIGHTS TO GRANT PARTIAL OR FULL REFUND FOR ANY KIND OF TRANSACTION TAKEN PLACE THROUGH USING SERVICES AND/OR FEATURES AND/OR FUNCTIONALITIES OF QUALIFO WEB PLATFORM BACK TO THE ORIGINAL CLIENT (THE PAYER) WHO PAID FOR THAT PARTICULAR PRODUCT OR SERVICE, INCLUDING BUT NOT LIMIT TO CHAT SESSIONS, PAID EMAIL ANSWERS, LIVE EVENT, ONLINE COURSE, LIBRARY MATERIAL PURCHASE AND ALL OTHER PAYING ACTIVITIES, WITH NO NEED FOR EXPLANATION NOR WARNING IN ADVANCE.


QUALIFO HAS NO OBLIGATION TO ALLOW WITHDRAWAL OF ANY AMOUNT DISPLAYED ON ANYONE’S “Pending income” SECTION OF THEIR ACCOUNT, AND QUALIFO RESERVES ALL RIGHTS OF HOLDING THE FULL OR PARTIAL UNCLEARED AMOUNT FOR AN UNLIMITED PERIOD OF TIME FOR ANY REASON WITHOUT PRIOR NOTICE OR WARNING, OR WITHDRAW ANY AMOUNT FROM EXPERT’S EARNED AMOUNT OR EVEN DEPOSIT AMOUNT AS A PARTIAL OR FULL REFUND TO THE RESPECTIVE CLIENT IF COMPLAINT OR DISPUTE HAS BEEN ACCEPTED BY QUALIFO EVEN AFTER THE HOURS CLEARING PERIOD.



If there is any complaint and/or dispute and/or request of refund raised by Client, then Expert’s right of withdraw of that particular transaction amount will be withheld by Qualifo for an unlimited period of time until the respective dispute or complaint is resolved otherwise. Qualifo will spend a reasonable amount of effort in resolving disputes and complaints considering the interest of both the Client and Expert, and Qualifo reserves all rights of making final decisions of resolving disputes, complaints and/or refund request. No further appeal from either Expert or Client will be accepted.


In Qualifo,

All members withdraw should be bearing the transaction cost(s) fully.


Transaction cost(s) refer to amount payable to a third party providing fund transferring services. Transaction cost(s) is/are defined as amount requested for withdrawal less actual amount received by Expert on that particular request. Examples of transaction costs(s) are such as, but not limit to, paypal commission/fee, bank tele-transfer fee, international tele-transfer fee, payment system fee, payment gateway fee, foreign exchange dealers commissions, exchange rate spread and transfer costs, and other costs payable to a third party during the course of money transferring.



  1. Deposit amount is also available for withdrawal if member choose not to spend the residual amount in other Qualifo’s Expert services or products, but Qualifo will charge an amount equivalent to 5% of the total deposit amount requested as administrative fee for any Client or Expert who deposit and then withdraw under the same qualifo account, in order to avoid unnecessary administrative costs or potential money laundering activities.


The Minimum Withdrawal amount each time is US$50.00 or more. No withdraw request will be accepted if the gross amount is US$49.99 or less.


e.g. 1. If an Expert or Client deposit $100 and spend $50 and would like to withdraw $50, the actual amount he received will be $50 x 0.95 = $47.5 less transaction cost. i.e. if he withdraws using check then the actual received amount will be $47.5


But if both earned and deposit amount is positive, deposit amount will be spent FIRST if Expert is going to consume services or products on qualifo.com. Income balance amount will be withdrawn FIRST if a Client or Expert is going to withdraw partially amount in his account.


e.g. if an Expert deposit amount has $30 left and cashable earned amount has $40 left, and would like to withdraw $50, then he has to pay (50-40) x 0.05 = $0.5 admin fee. And he will be left with $0 earned amount and $20 deposit amount.



Activity

Process

One on one Expert advisory

Pending amount will instantaneously be awaited to be Earned income.

E- learning materials (a.k.a. library items)

Uncleared amount of an Expert will be credited once any of his/her library item(s) is/are sold.

But uncleared amount received from the respective item sales will be transferred into earned amount ONLY if no complaint or dispute is raised within 168 hours after the transaction is made regarding any dissatisfaction of the respective item(s)









Qualifo charges no withdrawal fee for Earned income withdrawal (yet international banks or different payment system provider, e.g. paypal, may charge fees for internet international transfer or tele-transfer or overseas transfer or other fund transfer processes, which are fully payable by Experts or Clients themselves, but not Qualifo.

Withdrawal Methods

At the first (1st) day of each calendar month, Qualifo will gather up Experts withdrawal request made before that day and will start paying out using the method requested by each individual Expert. Please allow at least 7 days for processing and handling of fund transfer.


Methods available for receiving fund will be:

  1. Sending cheques payable to the Expert/Client to the Qualifo account holder’s registered address, or

  2. Payment system such as Paypal account of the Expert.

ALL local and/or international tele transfer fee, foreign exchange rate spread, and all other fees charged by the bank or other third party entity whom provide the selected transfer method, are to be paid by the Member.

ALL TYPES OF FUND RECEPTION MUST BE PAYABLE TO PERSON/ ENTITY OR ACCOUNT HOLDER OF THE SAME REGISTERED NAME AS THE ACCOUNT HOLDER ON QUALIFO. QUALIFO RESERVES ALL RIGHTS OF SUSPENDING OR WITHHOLDING WITHDRAW FOR AN UNLIMITED PERIOD OF TIME FOR EXPERTS AND/OR CLIENT AND/OR THE RESPECTIVE ENTITY IF WITHDRAWN FUND RECEIVER IS FOUND TO BE AN UNIDENTICAL ENTITY AS THE RESPECTIVE QUALIFO ACCOUNT HOLDER, until such recipient’s identity is clarified/ proven with sufficient documents and evidence to be the same person operating the respective Qualifo account.

If the total withdrawable amount of an Expert/Client is less than $50, however, Qualifo may hold such payment until the amount due is equal to or exceeds $50. Expert alone is responsible for reporting and paying any applicable tax or tariffs levied on him in connection with fees receivable or received due to his participation in qualifo.com, and report and pay the relevant amount to the government authority he/she is taxed by.

Notwithstanding the foregoing, Experts authorize Qualifo to withhold, in its discretion, payments to Expert/Clients of certain amounts paid by Clients by credit card until adequate time has passed to ensure that the payment will not be disputed by the paying Member or charged back by such Client credit card issuer, or, if Qualifo reasonably believes that fraudulent activity may have occurred in connection with payment, until Qualifo is able to verify that no such activity has occurred.

Qualifo’s billing system is not error-free, and Qualifo shall not be liable for any problems, miscalculations or malfunctions in processing Experts’ fees, commissions or other payments due to the Expert. If the Expert thinks that a mistake has occurred he or she must send his/her complaint to cs@qualifo.com within 30 days of discovery of such mistake. If for any reason the Client has not paid the Expert fee or has paid but has later charged back such payment, no Expert Fees will be paid to the Expert for that transaction and if the money has already been sent to the Expert, Expert is required to repay this amount to Qualifo, and Qualifo has the right to deduct this amount from the Expert’s account or from the following payments to be made from Qualifo to Expert.



QUalifo reserves all rights of terminating an expert’s right to publish, post, upload, share, sell, promote or provide goods/services fully or partially in any ways or method through qualifo.com for any reason without prior notice or warning. ANY BREACH OF ANY AGREEMENT AND/OR CODES OF CONDUCTS BETWEEN EXPERTS AND CLIENTS OR BREACH OR QUALIFO USER AGREEMENT WILL LEAD TO IMMEDIATE SUSPENSION OF MEMBERSHIP (TEMPORAILY OR PERMENANTLY) AND RIGHTS FOR ANY ACTIVITIES, AND AMOUNT PAYABLE TO EXPERT ON THAT PARTICULAR SERVICE OR PRODUCT WILL POTENTIALLY BE FULLY REFUND TO THE MEMBER (S) WHO PAID FOR THAT SPECIFIC PRODUCT/SERVICE.

8. User Name and Password:

Expert is responsible for maintaining the confidentiality of the means that was given to him in order to conduct his use of the Site, including password, user name etc, and is fully responsible for all activities that occur under such means, including but not limited to upload, download, publish of any documents or materials and request for fund withdrawal. Expert will immediately notify Qualifo of any unauthorized use of Expert's password, user name or e-mail or any other breach of security. Qualifo encourages Expert to change his password at least once a month, and keep the complexity of the password to a certain security level to avoid random guessing or abusive use from an unauthorized third party.

9. Privacy and uses of cookies:

Expert does not have to furnish completely the information required for registration in qualifo.com. However, without that information Experts will not be able to use qualifo.com's services. Qualifo Limited. is the sole owner of the information collected on this Site. Qualifo will not sell, share, or rent this information to others in ways different from what is disclosed in this Agreement.

In order to use qualifo.com, both Qualifo Clients and Qualifo Experts must first complete the registration form. During registration the Member is requested to furnish contact information, such as name and email address.  This contact information is used to notify Expert about the services on qualifo.com for which he/she might has expressed interest, and is also used as Member’s sign in information. Member is encouraged to provide additional personalized information (such as experience and qualifications) and unique identifiers (such as a screen name), so Qualifo may enhance business opportunities and user experience of Experts in the Site.

The information furnished by the Expert during the registration process will be kept in Qualifo's database. Qualifo will use reasonable means to protect the integrity and safety of the database. However, such means are not fault-proof and Qualifo will therefore not be liable for any direct, indirect, consequential or incidental damage that the Member may sustain due to unauthorized intrusion to the database.



The main purpose of Qualifo is to allow registered Experts to provide Clients with advice, consultation and other products and services that Clients seek. And by filling in the information displayed in the Members’ profile page (excluding private information such as bank account, payment system account number or user name, mailing address, email address and passwords of any kind, which will not be displayed in Expert’s profile), including but not limited to, personal photo, jobs title, experience, certifications, qualifications, service descriptions, nationality, language spoken and personal introduction video, Expert is authorizing Qualifo an unlimited right to display, promote, edit, transmit and spread these information for the purpose of increasing the popularity and public exposure of Expert’s services and products available from Qualifo.com. These information, unlike personal contact information, are to be published and be fully exposed to ALL users, members and non-member visitors of Qualifo.com. If Expert feels that by exposing any of these information, his/her privacy will be threatened or used in any abusive manner by anyone who can potentially gain access to Qualifo.com, he/she should NOT publish/display/expose such information in his profile page.



By utilizing qualifo.com Experts and Clients can negotiate and enter into a contract for advice.  Qualifo does not screen or edit the content of communications between Clients and Experts.  Such communications are personal and private unless both parties agree on additional distribution, for example by posting questions or services on the Online Course section, or share it during the broadcasting period of a Live event. All communications between Experts and Clients are NOT encrypted and thus may be subject to unauthorized interception and monitoring. Qualifo may screen, copy, transmit and review all communications conducted by or through Qualifo.com for technical support, research or other purposes in order to enforce these Terms of Service.

Qualifo uses IP addresses to analyze trends, administer the Site, track Members’ movements on the Site, and gather broad demographic information for aggregate use.  IP addresses are also linked to personally identifiable information in order to enhance the Member's experience when using our Site.  Qualifo may also retain any emails, letters, or other correspondence between Expert and Client to ensure quality control and the best possible service, although it has no obligation to do so.

Qualifo makes use of cookies to store information. A cookie is a piece of data stored on the Expert's hard drive containing information about the Expert.  If the Expert rejects the cookie, he or she may still use Qualifo.com.  The only drawback is that the Expert will have to sign in each time he or she visits the Site.  Cookies can also enable us to track and target the interests of our users to enhance the experience on Qualifo.com.

Expert can select to enable or disable cookies from the settings of internet browser he is using, which exact methods vary from browsers. Expert must note that when cookies are enabled anyone can access his correspondence with Clients if they are using the same computer as he is. If he shares a computer with others he should either disable cookies or enable cookies but sign out of Qualifo when he no longer uses the computer or when someone else is going to use that same computer.

Qualifo may use the information furnished by the Expert, and information that it collects regarding use patterns and transactions that are conducted through Qualifo.com, in order to improve Qualifo.com and to analyze statistical information regarding Qualifo.com, and furnish such statistics to third parties, including advertisers. Information furnished to third parties will not identify the Expert personally.

Qualifo may from time to time send e-mail advertisements to Expert, whether the material is its own or is commercial information furnished by third parties. Expert is given the opportunity to terminate the “automatic message-forward-to-Email feature” from his own My Qualifo section. 

Qualifo may use the details of transactions executed through Qualifo.com for promotional and informational purposes and publish their details on Qualifo.com, provided that such publication will not identify the Expert or Clients in any means other than their Screen Name.

If the Expert elects to use Qualifo's referral service for informing a friend about the Site, Qualifo asks him for the friend's name and email address, Member’s own email and password in order to forward to member’s personal contacts.  Qualifo will automatically send the friend a one-time email inviting them to visit the Site, and will not store member’s personal password after invitations are successfully sent out. Qualifo stores this information for the sole purpose of sending this one-time email. The friend may contact Qualifo at cs@qualifo.com to request the removal of this information from its database.

Currently Qualifo does not share aggregated information with our partners and advertisers, but may do so in the future. Qualifo will use a payment gateway processing company to bill users for use of the Qualifo service. These companies do not retain, share, store or use personally identifiable information for any secondary purpose.

Qualifo reserves the right to partner with another party to provide specific services. When the Expert signs up for these services, Qualifo will share names, or other contact information that is necessary for the third party to provide these services.  These parties are not allowed to use personally identifiable information except for the purpose of providing these services or as otherwise specified in the registration process for such services.

Qualifo may assign, transfer, rent, sell or lease its database, without giving the Expert any prior notice, to any other subsidiary of Qualifo's holding company, Qualifo's subsidiaries and, in case of merger or bankruptcy, to the surviving entity after such merger or bankruptcy or to any third party that will ratify Qualifo's privacy policy. Qualifo may divulge to a third party personally identifiable information and transaction details according to a judicial writ and in any legal proceedings between Qualifo and the Expert.

Qualifo may, according to its absolute discretion, create co-branded web Sites with its partners. In such case the Expert listings may appear in the co-branded Site. The co-branded Sites are maintained on Qualifo servers. Unless Expert agrees otherwise all personally identifiable information is stored solely by Qualifo.  Qualifo does record the partner web Site from which a visitor has linked to Qualifo.  If a visitor registers to become a Client and/or an Expert, Qualifo may track the partner's name, in order to further the relationships Qualifo has with its partners.

If an Expert wishes to alter his personally identifiable information, such as a mailing address, or if an Expert no longer desires Qualifo's service, Qualifo will endeavor to provide a way to correct , update, unsubscribe any of Qualifo's services.  This can usually be done at the "My Qualifo" page, the Expert's personal area within Qualifo, or by emailing our Customer Support at cs@qualifo.com.
 
If the Expert has any questions about Qualifo's privacy statement, the practices of this Site, or your dealings with Qualifo, please contact: cs@qualifo.com.

10. Content:

Qualifo.com may contain content, including financial information, provided by third parties. Such content is provided for informational purposes only and is not intended for trade or investment purposes. Furthermore, Qualifo.com operates as a knowledge, information and advice sharing platform in which Experts will answer questions regarding various topics. Qualifo does not warrant the truthfulness, accuracy, VALIDITY or availability of the content and expert advice and qualifo will therefore not be liable for any damages sustained due to reliance on such information or advice.

11. Links:

Qualifo.com may contain links to web Sites operated by third parties. Qualifo has no control over such Sites and the information provided in them. The Expert acknowledges and agrees that Qualifo is not responsible for the availability of such third party web Sites and will not be responsible or liable for any content, advertising, products, privacy policy or other materials contained therein. The Expert warrants and agrees that Qualifo will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on or through any third party web Sites. Qualifo encourages the Expert to be aware when he leaves Qualifo.com and to read the privacy statements of each and every web Site that collects personally identifiable information.

12. Advertisements:

Qualifo may include in Qualifo.com advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking the advertisements the Expert may be shifted to a web Site of the advertiser or receive other messages, information or offers from the advertiser. The Expert acknowledges and agrees that Qualifo is not liable for the privacy practices of advertisers or the content of their web Sites, information, messages or offers. The Expert is wholly liable for all communications with advertisers and for all transactions subsequently executed.

13. Modifications and Termination of Qualifo.com:

Qualifo reserves the right to modify or discontinue, temporarily or permanently, the services in Qualifo.com, with or without notice to Expert. Expert agrees that Qualifo shall not be liable to Expert or any third party for any modification or discontinuance to Qualifo.com's services, or for any losses or damages that may result to Expert or his Clients from such discontinuation or interruption of service. 
Qualifo's services depend upon different factors such as: software, hardware and communications networks of Qualifo, its contractors and suppliers. By their nature these are not error-free. Hence, Qualifo cannot guarantee that Qualifo.com will not be interrupted, or that it will be timely, secure or error-free.
Qualifo, in its sole discretion and for any reason, may terminate Expert's participation in Qualifo.com and refuse any and all current or future use by Expert of Qualifo.com.
Expert may terminate this Agreement at any time by sending a signed notice to Qualifo via mail or fax. E-mails request for such termination will not be accepted.  Qualifo shall invalidate Expert's user name and password within thirty (30) days of receiving such notice. Expert may inactivate his own account for any desired period of time from within My Qualifo. 

The following sections are agreements and codes of conducts that govern ALL Qualifo Members, and by registering as a Member on Qualifo, Member hereby agrees, warrant and acknowledge the following terms and conditions fully that EVEN AFTER THE TERMINATION OF MEMBERSHIP (PERMENANTLY OR TEMPORARILY), THE FOLLOWING SECTIONS OF TERMS AND CONDITIONS WILL STILL REMAIN IN FULL FORCE.

14. Modifications and Termination of Qualifo.com:

Qualifo reserves the right to modify or discontinue, temporarily or permanently, the services in Qualifo.com, with or without notice to Expert. Expert agrees that Qualifo shall not be liable to Expert or any third party for any modification or discontinuance to Qualifo.com's services, or for any losses or damages that may result to Expert or his Clients from such discontinuation or interruption of service. 
Qualifo's services depend upon different factors such as: software, hardware and communications networks of Qualifo, its contractors and suppliers. By their nature these are not error-free. Hence, Qualifo cannot guarantee that Qualifo.com will not be interrupted, or that it will be timely, secure or error-free.
Qualifo, in its sole discretion and for any reason, may terminate Expert's participation in Qualifo.com and refuse any and all current or future use by Expert of Qualifo.com.
Expert may terminate this Agreement at any time by sending a signed notice to Qualifo via mail or fax. E-mails request for such termination will not be accepted.  Qualifo shall invalidate Expert's user name and password within thirty (30) days of receiving such notice. Expert may inactivate his own account for any desired period of time from within My Qualifo. 

The following sections are agreements and codes of conducts that govern ALL Qualifo Members, and by registering as a Member on Qualifo, Member hereby agrees, warrant and acknowledge the following terms and conditions fully that EVEN AFTER THE TERMINATION OF MEMBERSHIP (PERMENANTLY OR TEMPORARILY), THE FOLLOWING SECTIONS OF TERMS AND CONDITIONS WILL STILL REMAIN IN FULL FORCE.

 

15. Intellectual Property:

Qualifo is the sole owner of all the intellectual property, and in particular the copyright, trade marks, database and patents, in Qualifo.com and in any software, application, graphics, text and other materials used therein, including the organization of the materials contained therein. 
 
The Expert may not operate robots or spiders to scan Qualifo.com's data base. The Expert may not view Qualifo.com with a graphic user interface different from the one designed by Qualifo.

Qualifo.com contains copyrighted material, trade secrets and proprietary information owned by Qualifo. This Agreement does not grant the Expert any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of Qualifo.com. The Expert may not create derivative software based upon any trade secret, intellectual property or proprietary information of Qualifo. Furthermore, the Expert may not sub-license, assign or transfer, sell or make any other commercial use of his membership in Qualifo.com.
 
The Expert may not adapt or use any trade mark or trade name, domain name similar to or likely to be confused with that of Qualifo's and Qualifo.com, or take any other action which infringes or impairs Qualifo's trade mark rights.
Qualifo shall retain all ownership in and to Qualifo.com and all content displayed on the Qualifo.com webSite including copies of data transferred or received by Expert on the Site.



Experts should be aware and agree that all sorts of teaching materials that are uploaded and shared with members during one on one video conferencing sessions are Expert’s own work or Expert has the respective right to share and use for teaching members, and to distribute that freely to members as materials uploaded for one on one video conferencing sessions will be shared freely and are downloadable freely by the respective member who participate in that session.

16. Copyright Policy:

Qualifo respects the intellectual property of others, and we ask our users to do the same. Qualifo reserves the right of removing or deleting completely/partially any materials or content uploaded by experts for his/her activities on the Site if for any reason Qualifo believes that such content or material is/are not officially authorized for publication or sales under the respective Expert’s account/username and/or the entity he/she is representing, without prior notice or warning. Qualifo will not be responsible for any loss or damages or potential effect created by such action to Experts and activities the Experts have on qualifo.com


Qualifo may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.


For all losses or damages created by the termination or removal of material posted/sold and/or published by Experts due to the Expert’s usage of unauthorized copyright material, Qualifo reserves ALL RIGHTS of re-distributing partial or ALL fund held in Expert’s Qualifo account for the partial or full compensation to clients who are affected by consuming such product or related services containing such material(s).


If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Qualifo's Copyright Agent the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  2. a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

  3. a description of where the material that you claim is infringing is located on the Site, including the URL;

  4. your address, telephone number, and email address;

  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.


Qualifo's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:


By email:  cs@qualifo.com

17. Limited License:

Qualifo grants Expert a nonexclusive, revocable right to use the Site provided that Expert does not copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover any source code.

18. Disclaimer of warranty and Limitation of Liability:

THE EXPERT ACKNOWLEDGES AND AGREES THAT Qualifo.com IS BEING PROVIDED FOR USE AS IS, AND THEREFORE HE WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND VIS-A-VIS Qualifo IN RESPECT TO QUALIFO'S PROPERTIES, ABILITIES, LIMITATIONS OR COMPATIBILITY WITH THE EXPERT'S NEEDS. THE USE OF Qualifo.com IS ACCORDINGLY BEING MADE AT THE EXPERT'S SOLE AND ENTIRE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.

QUALIFO EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY ITS MEMBERS. IF AN EXPERT DECIDES TO PROVIDE HIS SERVICES FOLLOWING THE USE OF Qualifo.com, HE MUST EXERCISE A REASONABLE STANDARD OF CARE, AT LEAST THE SAME AS HE WOULD IN A SIMILAR TRANSACTION NOT CONDUCTED THROUGH THE INTERNET. THE EXPERT SHALL NOT HAVE ANY PLEA, CLAIM OR DEMAND VIS-A-VIS Qualifo, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT OF ANY SERVICES HE/SHE DECIDED TO PROVIDE FURTHER TO THE USE OF Qualifo.com. Qualifo WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES ACQUIRED THROUGH Qualifo.com. THE SALES OR PURCHASE OF SERVICES/PRODUCTS IS ACCORDINGLY EFFECTED AT THE EXPERT'S SOLE AND ENTIRE RISK.

UNDER NO CIRCUMSTANCES WILL Qualifo, IT'S AFFILIATES, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS AND SUB-CONTRACTORS BE LIABLE TO EXPERT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM ANY PROVISION OF THIS AGREEMENT. Qualifo AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS AND SUB-CONTRACTORS' AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING IN CONNECTION WITH, OR WITH RESPECT TO, THIS AGREEMENT, WILL NOT EXCEED THE TOTAL Qualifo COMMISSION (AS DEFINED ABOVE) EARNED BY Qualifo AND ARE DIRECTLY ATTRIBUTED TO THE EXPERT'S UTILIZATION OF THE SITE IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE. Expert acknowledges and agrees that Qualifo disclaims any liability with respect to any claim, suit or action brought by a Member in connection with the provision of any services by Expert through the Service and Expert agrees to indemnify and hold harmless Qualifo in connection with any such claim, and any damages or expenses arising therefrom.
Qualifo will not be liable for enforcing any agreement that was made between an Expert and a Client, including Expert fee agreement. Expert will be the solely responsible for any agreement made with a Client.

IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH Qualifo.com, THE EXPERT HEREBY RELEASES Qualifo AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS AND SUB-CONTRACTORS FROM ALL MANNER OF ACTIONS, CLAIMS, PLEAS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES, WHICH EXPERT MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.

19. Indemnification:

Expert will indemnify, defend and hold harmless Qualifo, and its employees, representatives, agents and Affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against Qualifo or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by Expert according to this Agreement; (b) Expert's provision of services or products to any third party, regardless of whether or not they are Members of the Qualifo service; or (c) any materials that Expert has posted to Qualifo.com and/or any content on Expert's profile page or otherwise provided to Members. Expert represents and warrants that it maintains and will continue to maintain adequate insurance if such insurance is required by any applicable laws or regulations which apply to the provision of services by Expert.

20. Notice:

Any notice or other communication to be given hereunder will be in writing and, unless otherwise provided, given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. The date of receipt shall be deemed the date on which such notice is given.

21. No Assignment:

Expert shall not assign this Agreement or assign, pledge or mortgage any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of Qualifo. Any purported transfer, assignment or delegation by Expert without the appropriate prior written approval will be null and void and of no force or effect.

22. Modifications to this Agreement:

Qualifo may change this Agreement by posting modifications on the Site. Unless otherwise specified by Qualifo, all modifications shall be effective upon posting.  Therefore, Expert is encouraged to check the terms of this Agreement frequently. By using the service or Site after the changes become effective, Expert agrees to be bound by such changes to the Agreement.  If Expert does not agree to the changes, Expert may terminate access to the Site and participation in Qualifo's services.

23. Miscellaneous:

Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the Hong Kong Special Administrative Region (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur exclusively in courts of Hong Kong Special Administrative Region, China.



Expert agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or the Site must be filed within one (2) years after such claim or cause of action arose or be forever barred, according to the Law of the Hong Kong Special Administrative Region, CAP 347, Section 6, heading number 1, “Where under section 3 of the Civil Liability (Contribution) Ordinance (Cap 377) any person becomes entitled to a right to recover contribution in respect of any damage from any other person, no action to recover contribution by virtue of that right shall (subject to sections 22 and 26 of Cap 347) be brought after the end of the period of 2 years from the date on which that right accrued.”

  This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Qualifo and Expert with respect to the subject matter hereof, and Expert has not relied upon any promises or representations by Qualifo with respect to the subject matter except as set forth herein.

 
No waiver, concession, extension, representation or any alteration or addition to these Agreement or pursuant hereto will be effective unless made expressly and in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in representing the summary of the respective section hereof. If any provision of this Agreement is held by a court of the Hong Kong Special Administrative Region to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining section of this Agreement will remain in full force and effect.
 

24. Violation:

The Expert may report any violation of this Agreement to cs@qualifo.com

 

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