Qualifo Terms of Services and Member Agreement
1. Introduction
Welcome to www.qualifo.com (“Qualifo.com” or “Site”), a web site that is a marketplace for online professional expert 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 a user of Qualifo.com services (“Member”) and Qualifo. “Members” in Qualifo includes entities or people who signed up on Qualifo.com and carry a registered user name and password on Qualifo.com. By continuing the registration process or continue using any part of Qualifo.com, and/or submit the Member registration form, a binding agreement will be executed between you and Qualifo. The Member should therefore read this Agreement carefully. If, however, you (the Member) do not agree to be bound by this Agreement, quit the registration process and stop using any features or functionalities provided by Qualifo.com immediately. In such case you will not be able to register as a Member at Qualifo.com.
Unless explicitly stated otherwise, any new features that changes, add onto or enhance the current Service, including the release of new Qualifo properties, shall be subject to this Agreement.
2. Definition of Service and identities of Site Members
Qualifo.com provides a marketplace where Clients (“Clients” hereafter) can acquire knowledge or obtain consultation and other products or services through searching from our list of experts (Experts) who registered as an expert on Qualifo and intend to provide advice, consultation sessions and other products and services, including, but not limited to, selling intellectual materials, hosting Live Events and starting Online Courses.
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 Terms of Service and Member Agreement, Qualifo Expert Service and Site Agreement, and Qualifo Privacy 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.
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 any Expert to give advice, to comment on, to teach, or that the Client shall find the advice, information or teachings given by an Expert satisfactory, or that it will provide an adequate solution to his or her question, or otherwise be suitable to his or her needs. Member is encouraged to verify the skills, degree, experience, and background of those Experts from whom he or she receives or contemplates to receive advice, purchase products and/or services. IF IN DOUBTS REGARDING EXPERIENCES AND CAPABILITY OF AN EXPERT, CLIENTS ARE ENCOURAGED TO SEND MESSAGE TO EXPERTS FOR FURTHER INFORMATION BEFORE COMMITING TO PAY ANY AMOUNT OR PURCHASE ANY ITEMS OR SERVICES PROVIDED BY THE EXPERT.
3. Member Warranties
By submitting the Member registration form, the Member warrants and declares the following:
He or she is at least 18 years of age or a legally organized entity, that he or she is authorized to represent the person or entity that is submitting a Member registration, and that he or she is authorized to sign the registration form on its behalf and bind it;
The information furnished in the registration form is accurate, true and complete, and to maintain and update such information during the term of this Agreement so that it will remain true, accurate, current and complete to the best knowledge of the account holder.
4. Members acquiring services or products of the Education Category
The Education category is one of Qualifo service area allowing professionals and experts in the Education field to provide educational and career advices or services, including but not limited to private tutoring on high school/ primary school/ university subjects, language courses, public examination tutoring and expert advisory and other academically related services or products focusing people of various age groups. Registration of membership as a Client for consumption of such products or services should be done by guardian or parents of the actual participant if the actual participant is younger than 18 years old, and Parents/ guardian should be responsible for the screening process for picking Experts before allowing participants under age 18 to continue consuming/receiving services or products on Qualifo.com. Qualifo will not, and have no obligation to, provide extra protections, guidelines, and/or screening system for teen users under 18 when they acquire information, receive advices, teachings or products, or continue using any features or functionalities on Qualifo.com
5. Member's Conduct
Member will be solely and fully liable for all conduct, postings and transmissions that are made under his or her user name and password. The Member warrants and declares that while he or she is using Qualifo.com he or she will act according to the following rules at all times:
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a) Member will have the sole responsibility to verify the Expert's identity, qualifications, biographic information, licenses held, and other information delivered to him or her by an Expert;
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Qualifo is not involved in any transactions between Clients and Experts. Qualifo does not control the quality, accuracy, precision or relevance of the advice and/other messages, ideas delivered through direct communication and from products and services provided by Experts, whether the Expert is qualified to provide the specific advice or service or deliver the received information, whether the Expert is categorized correctly or in the most appropriate category to provide the advice sought by the Member, the accuracy of any postings on the Site or transmissions through it by Members or Experts. In addition, Qualifo cannot and will not make any effort to verify the identity of any of the Experts without special request( see next section for verification system) ;
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b) Member agrees that any information or content that he or she posts or 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.
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c) Clients will not mislead Expert to believe that he or she will pay for a service or advice but will not act accordingly;
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All interactions between Member and Expert will be billed through Qualifo if the communication between Client and Expert involve any usage of functionalities or features of Qualifo.com that are not stated to be free of charge. Member agrees to abide by the pricing terms agreed upon with an Expert while utilizing Qualifo.com, and will not display or deliver false or misleading information;
d) Members will not display or deliver messages or contain link to websites that contain or promote, any of these types of content: libelous, defamatory, obscene, abusive, violent, bigoted, hate-oriented, illegal, cracking or hacking, or the offer of any illegal good or service, or link to a website(s) that do so;
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e) Member will not take any actions that may undermine, disrupt or manipulate the integrity of the Member feedback (rating) or review system system on the Site. Currently only ratings for paid sessions of $1.00 and more will count towards the Expert'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 Qualifo thinks may compromise the integrity of the member feedback/review system.
- g) Members will not engage in any illegal activity of any type, including but not limited to displaying illegal content or offering any illegal good or service in any method or ways on Qualifo.com.
- H) Member will not to interfere with or disrupt the Qualifo.com servers or networks connected to the Site;
Member will not attempt to gain unauthorized access to other computer systems or networks connected to the Site, and will not transmit “junk mail”, “spam”, or any unauthorized marketing related activities, unsolicited mass distribution of email or bulletin board postings, including but not limited to such actions on Online Course discussions sections or during the broadcast period of Live Events;
- I) Member will not transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, age discrimination or otherwise objectionable material of any kind;
J) Member will not disobey or breach this Agreement or any other applicable instructions conveyed by Qualifo and its officers;Member will not violate any applicable local, state, regional, national or international law, statute, ordinance, rule, regulation or ethical code;
- K) Member will not upload, post, e-mail, transmit or otherwise make available any information or material that infringes upon a third party right or Qualifo’s right, especially intellectual property rights , publicity, privacy or other rights;
L) Member will not upload, post, e-mail, transmit or otherwise make available any third party advertisements, including banner exchange services, unless written consent has been issued accordingly by Qualifo; - M) Member will not upload, post, e-mail, transmit or otherwise make available software viruses, Trojan horses, worms or any other malicious application;
- N) Qualifo enables the transfer of files between Members and Experts. When opening such file attachments received from Experts it is the Member's responsibility to scan them with an anti-virus software application prior to opening them;
Member will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity;
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O) Member will not stalk, threaten or harass Experts or other Members or infringe upon or attempt to infringe upon their privacy;
- P)Member 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;
- Q) Members shall never ask for personal contact information from Experts for making deals of expert consultation sessions, advisory service, trading items/ materials or other communication activities that involve financial transactions outside Qualifo. All transactions between members and Experts shall be made via qualifo.com and Qualifo’s payment solution provider. Qualifo will never, and cannot, guarantee accuracy of payments and/or quality of services or goods provided by any parties. (UNDERTABLE) TRANSACTIONS BETWEEN EXPERTS AND CLIENTS MADE OUTSIDE QUALIFO ARE STRICTLY PROHIBITED.
Qualifo may review the Member's personal profile and amend any typing or spelling errors. Qualifo cannot and will not examine the validity, precision, or accuracy of the details in the Member's personal profile or in any of the Member's postings or transmissions (except in the special situation of an expert’s verification request, for detail please see section below). However, Qualifo may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the Member. Without derogating from the above, Qualifo may remove any content violating this Agreement. The Member will bear all the risks associated with the uploading and transmitting of material while utilizing Qualifo.com, including reliance on its accuracy, reliability or legality. Members (Both Clients and Experts) are obliged to frequently update their profile, personal information and all contact details, and details submitted by Members are the only information Qualifo can use for contacting Members directly. Qualifo will not be responsible for any damages or losses cost by the incompletion or expiration of the provided contact details. Qualifo does not have the obligation to, and will not double-check the submitted contact and communication details with Members prior transmission of important materials, including but not limited to money, data, message, mail and other private/ publically announced information.
6. Verification system
The verification system is for Experts who are willing and capable in providing extra evidence for proofing his/her professional qualification(s), experience, award received and/or other factual substance in signaling his capability of providing advice on the field he/she claim to be expert in.
Unless publically well-known, a separate form will be asked to be filled by Expert and summit supporting documents substantiating the evidence and descriptions he/she is displaying on his/her personal profile. Qualifo will then evaluate case by case using the available information, comparing with general industrial standard, and grant the “Verified” logo accordingly if applicant shows significance capability and competitive advantage on professional field (a.k.a. category) he is serving in.
YET QUALIFO WILL ONLY SPEND REASONABLE AMOUNT OF EFFORT IN PROCESSING VERIFICATION REQUEST, AND QUALIFO HAS NO OBLIGATION, AND BY NO MEANS QUALIFO IS, IN ANY WAY, guaranteeing the actual capability in providing a satisfied service or advice or products that Client are expecting to receive. Also, the verification system Qualifo provides is not error-fee, and is solely based on information submitted by Expert. The verification system of Qualifo is a subjective and qualitative measurement service provided by our in-house consultation team for evaluating an Expert’s capability in providing quality advice or other products/services to Clients, and is provided in a Yes/No basis, i.e. An expert is either “verified” or “unverified”, but no scoring system is involved nor will it be displayed. QUALIFO HAS NO OBLIGATION IN PROVIDING INFORMATION OR DETAILS OF A VERIFICATION PROCESS, AND NO REASON OR EXPLANATION WILL BE PROVIDED TO EXPERTS WHO ARE BEING REJECTED FOR BEING VERIFIED. Rejected Experts can ONLY apply for Verification after the 15th of the consecutive calendar month, PROVIDED THAT one or more piece of new information/evidence/proof of qualification, award, or experience is available for updating the respective Expert’s profile.
OUR VERIFICATION IN NO MEANS IS, AND NEVER WILL BE, A GUARENTEE, NOR A WARRANT OF QUALITY ON PRODUCTS/SERVICES PROVIDED BY THE RESPECTIVE EXPERT. CLIENTS ACQUIRING SERVICES/PRODUCTS FROM A “VERIFIED” EXPERT ARE AGAIN PERFORMING AT THEIR OWN RISK, AND QUALIFO HAS NO OBLIGATION IN BEING RESPONSIBLE IN LOSSES OR DAMAGES CREATED TO MEMBERS BY RELYING ON THE VERIFICATION SYSTEM OR ADVICE OR INFORMATION PROVIDED BY A VERIFIED EXPERT.
7. Member and Qualifo fees
If Members are going to consume products or services on qualifo.com and no sufficient fund is deposited in his/her account for the desired service or products, he/she has to first deposit into his/her qualifo account using the various payment methods supported by Qualifo, including:
Bank transfer, credit cards and Paypal account supported by Paypal.
All payments activities on qualifo.com will be billed according to the available summation of Earned Amount (by Experts) and Deposit amount appeared in Member’s qualifo account.
It is Client’s sole responsibility in ensuring that sufficient fund is available for the consumption of any kind of live communicating sessions, including but not limited to typing chat, voice or video conferencing.
Chat session will be terminated if there is not enough fund for Client to continue the next minute of the live consultation session, according to the predetermined rate set by Expert, and our system will terminate the session immediately after the last paid-minute is over if no sufficient disposable fund is added to Client’s account in order to continue to the next minute. Qualifo will NEVER accept complaint or dispute, nor provide compensation to losses or damages cost by sudden termination of session due to insufficient disposable fund in Member’s account.
All payments for transaction and billing for members deposit will be executed in US dollar. Deposit made for all other currencies will be converted into US dollar according to the exchange rate provided by the respective payment system agencies, and amount credited into Member’s Qualifo account will be the net amount Qualifo received after deducting the respective transaction costs, foreign exchange rates differential, commissions and fees due to third party payment systems, credit cards and other means for depositing money into Member’s Qualifo account. All of the above charges and fees are subjected to change by the respective third party payment method provider(s) without prior notice or warning, and it is Member’s obligation to be aware of the above changes and bear the respective costs prior to depositing fund into his/her Qualifo account.
Sending Cash or Checks through mail WILL NOT BE ACCEPTED. QUALIFO WILL NOT BE RESPONSIBLE FOR LOSSES, DAMAGES OR DELAY COST BY SENDING PAYMENT THROUGH MAILING CASH AND CHECKS.
Member is obligated to report to Qualifo in cases when he or she was billed directly by an Expert (i.e. not through Qualifo). Such report should include a description of the service that was rendered by the Expert and the price charged. Private deals or transactions made outside Qualifo between Expert and Client are strictly prohibited.
Time charges for live sessions to Members are based on increments of a minute as measured on Qualifo's servers. Charges to Members are rounded up, and only completion of every whole minute is charged, consumption of live sessions time of less than one minute will be counted as zero minute, unless “minimum charge” is applied stated in the respective Expert’s profile. In such case, client will first be billed once he/she click the “Hire” button, or once the Charging session begins. Qualifo's billing system is not fault-free or flexible; therefore Qualifo shall not be liable for any problems, miscalculations or malfunctions in processing the payments owed by the Member. If the Member thinks that a mistake has occurred he or she may send his or her complaint to cs@qualifo.com
WARNING: 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. Due to the heavy cost of processing fund transferring, Qualifo does not encourage Members to frequently withdraw fund from their Qualifo account. Deposit amount is available for withdrawal, but Qualifo will charge an amount equivalent of 5% of the total amount withdraw requested as administrative fee for any Member who deposit and then withdraw under the same qualifo account, in order to avoid unnecessary transaction costs or potential money laundering activities. Withdrawal of deposit amount are processed with reasonable effort, but normally will take around, but not limited to, 2 weeks, for Member to be able to receive the respective amount due to the complexity and amount of work required for communicating with our payment system provider.
8. Experts’ participation on Online Courses
Online Course section is for Experts who intend to host courses to a group of students on a “post and discuss” manner. Experts are strongly advised to commit sufficient amount of time on participating discussion on courses they host, and are obliged to be online and answer questions asked by member within the particular course section at the period(s) described in the introduction detail of such course. Yet, QUALIFO WILL NOT, AND HAVE NO OBLIGATION TO, ENSURE ANY TIME COMMITMENT OF EXPERTS OF ANY ONLINE COURSE TO COMMIT ANY TYPE OF PARTICIPATION ONLINE FOR ANSWERS, ADVICES OR DISCUSSION IN THE COURSE DISCUSSION PLATFORM, AND DISATISFACTION DUE TO LACK OF ACTUAL PARTICIPATION OF EXPERTS WILL NOT BE QUALIFIED FOR A FULL OR PARTIAL REFUND TO STUDENTS OF THE RESPECTIVE ONLINE COURSE.
9. User Name and Password
Member is responsible for maintaining the confidentiality of the means that were given to him or her in order to use the Site, including password, user name, etc, and is fully responsible for all activities that occur under such means, including but not limited to: publishing, displaying, uploading materials, and fund withdrawal and deposit activities. Member will immediately notify Qualifo of any unauthorized use of Member's password, user name, e-mail, or any other breach of security. Qualifo encourages Members to change his or her password at least once a month.
10. Privacy
Members does not have to furnish the information required for registration to Qualifo.com. However, without that information Member will not be able to use the services of Qualifo.com. 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 Clients and Experts must first complete a registration form. During registration the Member is requested to furnish contact information, such as name and email address. This information may be used to contact the Member about the services on Qualifo.com in which he or she has expressed interest, and is also used as Member's login information. Member may be asked to provide additional personalized information (such as experience and qualifications, areas of interest, profession, education, etc.) and unique identifiers (such as a screen name), so Qualifo may provide a more personalized experience on the Site. In such case the Member may decide whether he or she wishes to provide such information or not.
The information furnished by the Member 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 of the database.
The main purpose of Qualifo is to allow the Member to look for Experts that may give the Client advice or a service that he or she seeks. Qualifo does not screen or edit the content of communications between Experts and Members, but Qualifo may copy, transmit and review communications conducted by or through Qualifo.com for technical support and/or in order to uphold these Terms of service and Member Agreement, and the Qualifo Expert Service and Site agreement. Such communications are personal and private unless both parties agree to additional distribution, for example by posting questions, discussing or acquiring services on the Online Course Section, or sharing it with Expert(s) and other participants during a Live Event session.
E-mail communications between Members and Experts are stored on Qualifo servers for a certain amount of time and available for review by Experts and, if a paid session, by Members. Qualifo uses IP addresses to analyze trends, administer the site, track a Member's movement, and gather broad demographic information for aggregate use. IP addresses are also linked to personally identifiable information in order to improve the Member's experience when using the Site. Qualifo may also retain any emails, letters, or other correspondence between the Member and Qualifo to ensure quality control and the best possible service, although it has no obligation to do so.
11. Disclosure of private and personal information
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. Yet, it is Members’ full obligation to ensure that disclosure or sharing of such information will not lead to damage or losses in any way, in the cases of, including but not limited to, one on one experty session, communication during Live Events broadcasting, and Online Course discussions activities. At any time while disclosing personal/private/sensitive information to parties that are not Qualifo employees/directors/ representatives, Member are doing so at his/her full liability and risk, and Qualifo will not, and has no obligation, in compensating, in any way, for losses or damages costs due to abusive or other unauthorized use of such information by Experts or other third parties. UNDER ALL CIRCUMSTANCES, QUALIFO STAFF, REPRESENTATIVES, EMPLOYEES, AGENCIES AND DIRECTORS WILL NOT REQUEST FOR MEMBERS’ PASSWORD, AND MEMBER SHOULD NOT DISCLOSE HIS/HER PASSWORD(S) TO ANYONE.
Unless mutually agreed with prior written consent, Experts should not disclose, partially or fully, One on one live chat 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.
12. Participation in the Affiliate Scheme, sharing Qualifo’s income through inviting people to join Qualifo
Upon providing us your Log-in details (including passwords) of the email or other networking services you have an account with, you hereby agree and has understood all of the terms and conditions listed in this section and you fully understand that you are participating in this Affiliate Scheme (“the Scheme” hereafter) for inviting people to join and acquire service or products on Qualifo in return of earning Referral Commission. Please do not provide us with your password of the network or email service if you do NOT agree with ALL of the terms stated in this section.
Please be noticed that unless you provide us with ALL of your log in information (including username/ Log-in email and passwords) of your networking or email service provider, we would otherwise NOT be able to send out invitations to your contacts inside the email or network services you have an account with.
By providing us your password and log-in information of Email, social networking services or other network service you hereby grant us a non-recoverable right to gain access to your email account(s), social networking account or other networking services that you provide the username, email or the required log-in information/ identification and the respective password for us to collect contact information of people or entities you have in such service, for the purpose of promoting Qualifo’s service and inviting people to become a Qualifo member.
We will send out invitation to contacts we collect from you of the various networking services you provide us with Log-in information and password on behalf of you. We will not store or share the log in information and password you entered. Yet we cannot guarantee that our system is absolutely error free, and if you think that disclosure of password, log in information or contacts in your email or other networking service account will lead to possible loss of private information, any possible unwanted consequences or violating privacy or other rights of any other third party, please do not enter the log in detail of any of the available network service that you have an account with. We will not be able to gain access to any of your networking service account without your password and other log-in information. You can avoid participating in this invitation step simply by clicking the “Back” button of your browser, or click “Skip this step” at the invitation page and proceed further with your other activities on Qualifo.
You totally agree and understand that although you are potentially eligible to receive funds through referring people to acquire products or service on Qualifo, YOU ARE NOT ENGAGING IN ANY EMPLOYEE-EMPLOYER relationship with Qualifo or Qualifo Limited.
We may terminate your participation in the Scheme if we determine (in our sole discretion) that you are unsuitable for the Scheme, or you have violated any of our:
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Qualifo member agreement,
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Qualifo Expert Service and Site Agreement
12.1 Referring New members to Qualifo
At the invitation email or message we sent out to contacts we gathered from the E-mail or networking service you provided, we will include a link for sign up as a member of Qualifo. If any individual or entity click onto that link and successfully become a member of Qualifo, he/she will also be counted as your referral member.
People referred by you using methods other than the specific URL we provided to you will NOT be counted as your referral members, and money spent by such group of people on Qualifo will NOT contribute to your referral commissions.
12.2 Referral Commissions and payout structure
At the moment, there are two ways to receive a Referral Commission:
1. Refer a new member to Qualifo, by having people to click on the link at the invitation message we sent to your contacts and register as a member of Qualifo, and such member has successfully:
a) Hire an expert for an email answer , which means paying US$ 1.0 or more, without asking for reduction in price lower than US$1.0 nor granted a refund, partial or fully, that makes the transaction total be lower than US$1.0), or
b) Participate in a paying Live chat session (solely participating in Free Periods does not count), or
c) Buy E-learning materials on Qualifo from our Experts,
Only referring members to send questions to Experts without having him/her hiring an Expert will NOT get you any Referral Commissions
2. Continue to earn Referral Commissions based on our Payout structure below from money spent by your previously registered referral member in the next 183 days following the initial registration date, which the date of the initial new member registration (sign up) be treated as day one,
unless this Scheme is terminitated.
12.3 Conditions of Referral Commission payout
You will receive a Referral Commission, (exclusive of any deposits or bonuses paid, upon registration or after) by every new user of our Site who, having used the specific url in the invitation message we provided on behalf of you, to the new user referred by you, hire an Expert AND pays the Expert fees (exclusive of any deposits or bonuses paid), or purchase materials from other Experts on Qualifo.
If the Scheme is discontinued or the payout structure has been updated or changed, your Referral Commission accumulated before such change is announced to be in effect will be calculated using the before-changed method at the last day before the new change(s) is/are taken into effect.
Under the following circumstances you will not be regarded as referring a new member to Qualifo and no additional Referral Commission will be paid to you:
1. A Client you referred has spent money on Qualifo but has already registered more than 183 days ago
2. A Client referred by you through the URL of your invitation, sign up on Qualifo but has not spent any money on Qualifo.
Payout structure: You can earn US$5 for every US$40 spent on Qualifo by people you invited to become a Qualifo member. Remainder of less than US$40 will not contribute to your referral commission.
i.e. You will earn US$15 if the total spending of your referrals is US$159.
12.4. Clearing period
In Qualifo, Expert will receive payment 2 weeks after Clients pay for the respective product or services provided by such Expert if no dispute or refund request has been submitted by Client regarding such transaction. This period of fund being held by us temporarily is called a “2 week clearing period” (the “clearing period” hereafter). After Client pays an Expert, fund will be held by us for 2 weeks the minimum and if any dispute has been submitted from the Client side, fund will be held possibly longer than 2 weeks until investigation, conclusion and the respective response action has been completed by Qualifo (in our sole discretion).
Therefore, the actual Referral Commission payable to you in one calendar month will be finalize and confirmed at the 14th of the next consecutive month. And we will pay you through Paypal on the next day of such consecutive month (the 15th), to the Paypal account last submitted by you at the 14th (fourteenth) of each calendar month.
At the moment Paypal is the only option to receive your Referral Commissions. If you refuse to use Paypal as the sole medium for receiving your Referral Commissions, please do not join the Scheme. Paypal will charge a low percentage of the money transacted as handling fee from any individual or entity receiving fund through Paypal, and such handling fee is to be fully paid by you, not Qualifo. We will pay you your Referral Commissions in US dollars, and other possible transaction fees including but not limited to: bank withdrawal fees, foreign currencies exchange rate differential, international transfer fees charged by banks and other financial institutions are also to be paid by you fully but not Qualifo.
12.5. Payout method and eligibility of withdrawal.
Participant of our Scheme must be able to accept payment through Paypal, as we will send through Paypal the accumulated Referral Commission to you for the previous month at the 15th (fifteen) of each calendar month, if and ONLY if the accumulated confirmed Referral Commission is at or more than US$ 50.00 at the previous calendar month. Any amount less than fifty US dollars will be brought forward to the next month until the $50 mark is reached, then you will be eligible to receive your Referral Commissions at the 15th of the calendar month that follows. You cannot deposit money into your Qualifo account and make the total amount match or exceed $50 in attempting to be eligible for withdrawal.
It is your sole responsibility to ensure that you have given us the correct Paypal address that you can actually receive money and withdraw money from. Qualifo has no responsibilities or obligation to ensure that the given Paypal address is fully functioning and up to date.
We will put a reasonable amount of effort to ensure that our payout system and commission calculating system is up-to-date and accurate, yet we cannot guarantee that our system is 100% error-free, and we will not be responsible for, nor will Qualifo compensate any damages or losses caused by or derived from miscalculation of your Referral Commission, commission rate or delay of payment transfer. If you believe that there is/are problem(s) of miscalculation of Referral Commission or any problem regarding the transfer of Referral Commission into your Paypal account, please email us at cs@qualifo.com and we will investigate and if the mistake is made by Qualifo, we will pay you back the unpaid amount you suppose to have received at the day of written consent is sent, as soon as possible.
12.6 Temporary hold on account and funds
In our sole discretion, we reserve the right to place a temporary hold on your account and any funds inside if we have reason to believe that the funds (partially or fully) were earned under suspicious circumstances or that the funds were derived from a suspect Client or Expert account, or funds in your account involve transactions that breach our Qualifo Terms of Services and Member Agreement or Qualifo Expert Services and Site Agreement, money laundering activities or transaction of any kind of illegal activities defined by any applicable law. For any suspicious circumstances regarding the way that Referral Commissions are earned, we will continue to investigate the situation until we have adequate resolution, as determined by us, and which may require the involvement of certain third parties, including any applicable credit card company. We will make every commercially reasonable effort not to exceed sixty days hold on your account as we investigate.
In addition, we reserve the right to remove "earned" funds from your account to compensate for, including but not limited to: fraud, returns, approved refund request by Clients, or any uncollected revenue.
12.7 Term of the Agreement
The term of this Agreement will begin upon your acceptance of these terms and will end when terminated by either party. You are eligible to earn Referral Commissions only for referrals that occur during the term, and Referral Commissions earned through the date of termination will remain payable only if payment of such transaction is confirmed. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
12.8 Relationship of Parties
Upon joining this Scheme, you and Qualifo are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this section and also this Agreement.
13. Cookies
Qualifo makes use of cookies to store information. A cookie is a piece of data stored on the Member's hard drive containing information about the Member. For instance, by accepting a cookie by Qualifo.com, the Member will not have to enter his or her login information (his or her email and password) every time he or she logs into his or her account, thereby saving time while on Qualifo.com. If the Member rejects the cookie, he or she may still use Qualifo.com; Member will simply have to login each time he or she visits the Site. Cookies can also be used to enable Qualifo to track and target the interests of the Member in order to enhance his or her experience on Qualifo.com. Of course, if the Member shares his or her computer with others, others may be able, with certain browsers or under certain circumstances, to read the Member's communications with Experts and Qualifo.com.
Qualifo may use the information furnished by the Member, as well as information that it collects regarding use patterns and transactions that are conducted through Qualifo.com, in order to improve Qualifo.com, to analyze statistical information regarding Qualifo.com, and to furnish such statistics to third parties, including advertisers. Information furnished to third parties will not identify the Member personally.
Qualifo may from time to time send e-mail advertisements to Members, whether the material is its own or is commercial information furnished by third parties.
Ratings, reviews and feedbacks provided by Members on Qualifo.com are public and are identified by the Member's Screen Name. If the Member elects to use Qualifo's referral service for informing a friend about the Site, Qualifo asks the Member for the friend's name and email address. Qualifo will automatically send the friend an email inviting them to visit the Site. Qualifo stores this information for the sole purpose of sending this email.
Qualifo reserves the right to partner with another party to provide specific services. When the Member 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 Member any prior notice, to any other subsidiary of Qualifo's holding company, Qualifo's subsidiaries and, in any 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, demands of governmental authorities, and in any legal proceedings between Qualifo and the Member. In addition, Qualifo may disclose personally identifiable information to the Expert or to public authorities to deal with emergency situations or situations where the Member's safety may be in jeopardy.
Qualifo may, in its discretion, create co-branded web sites with its partners. In such case the Member listings may appear in the co-branded site. Unless Member agrees otherwise, all personally identifiable information is stored solely by Qualifo. Qualifo does record an affiliate web site from which a visitor has linked to Qualifo. If a visitor registers to become an Expert and/or a Member, Qualifo may track the partner's name in order to further the relationships Qualifo has with its affiliates.
If a Member wishes to update his or her personally identifiable information, such as a mailing address, or if a Member no longer desires Qualifo's service, Qualifo will endeavor to provide a way to correct, update or opt-out of any of Qualifo's services. This can usually be done by emailing our Customer Support at cs@qualifo.com.
14. Content
Qualifo.com may contain content, including financial and health information, provided by third parties. Such contents are provided for informational purposes only and is not intended for trade or investment purposes, nor can health related information be a substitute of health or medical advices provided by professionally qualified physicians. Qualifo does not warrant the validity, accuracy, or availability of the content, products, services and Experts’ advice and Qualifo will not be liable for any damages or losses sustained due to reliance on such information or advice.
The information furnished by Experts is intended for general reference purpose only. The consultation with Experts via Qualifo.com cannot and does not replace a meeting with a professional. Member is encouraged to verify the information furnished by Experts. Any information on Qualifo.com and information furnished by Experts, and products and services listed or sold or provided by Experts is not intended to offer a solution for a specific problem and must be considered as general in nature. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE MEMBER'S FULL AND SOLE RISK AND LIABILITY.
15. 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 Member 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 Member 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 Member to be aware when he or she leaves Qualifo.com and to read the privacy statements of each and every web site that collects personally identifiable information.
16. 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 on the advertisements, the Member may be shifted to a web site of the advertiser or receive other messages, information or offers from the advertiser.
The Member 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 Member is wholly liable for all communications with advertisers and for all actions and transactions subsequently executed.
17. 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 Member. Member agrees that Qualifo shall not be liable to Member or any third party for any modification or discontinuance of Qualifo.com's services, or for any losses or damages that may result to Member from such discontinuation or interruption of service.
Qualifo's services depend on various factors such as software, hardware and communications networks of Qualifo, its contractors and suppliers. Hence, Qualifo cannot guarantee that Qualifo.com's service will be uninterrupted or that it will be timely, secure or error-free.
Qualifo, in its sole discretion and for any reason, may terminate Member's participation in Qualifo.com and refuse any and all current or future use by Member of Qualifo.com.
18. Intellectual Property
Member shall acknowledge, agree and warrant fully all the terms and conditions described in this section (section 18 and section 18) will remain full force not only during the validity period of his/her membership on Qualifo, but also after the termination (either temporarily or permanently) of his/her membership and/or activities on Qualifo.
Qualifo is the sole owner of all the intellectual property, and in particular the copyright, trademarks, database and patents, in Qualifo.com and in any software, applications, graphics, text and other materials used therein, including the organization and selection of the materials contained therein.
Qualifo.com contains copyrighted material, trade secrets and proprietary information owned by Qualifo. This Agreement does not grant the Member 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 Member may not create derivative software based upon any trade secret, intellectual property or proprietary information of Qualifo. Furthermore, the Member may not sub-license, assign, transfer, sell or make any other commercial use of his or her membership in Qualifo.com.
Members hereby acknowledge, agree and warrant that materials supplied by experts including, but not limited to, supplementary files/data for download during a live event, Online Courses material and sold Library items are for the Client’s personal use only, and copyrights of such materials are fully owned by the respective Expert(s), and Clients do NOT have any of the intellectual property right of such material(s), and is strictly prohibited from reproducing, displaying, editing, copying, transmitting, sharing, publicly performing or creating derivative works communicate to the public with any such information.
The Member may not adapt or use any trademark 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 that infringes upon or impairs Qualifo's trademark rights.
Qualifo shall retain all ownership in and to Qualifo.com and all content displayed on the Qualifo.com including copies of data transferred or received by Member through the Site.
19. Copyright Policy:
Qualifo respects the intellectual property of others, and we ask our users to do the same.
Qualifo may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others. Qualifo reserves all rights to remove materials, data, product and copies of any material which is suspected to have infringe upon a third party (or parties) property right, and Qualifo reserves all rights of utilizing available fund from the respective Member’s account to compensate the losses or damages costs to the original copyright owner(s) of that particular item/material. Qualifo reserves all rights of utilizing the Member’s fund to refund partially or fully to the purchaser of such material and terminate the sales/ service activities if any Expert infringes upon the intellectual property right of a third party (or parties).
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:
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an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
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a detail 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;
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a description of where the material that you claim is infringing is located on the site, including the URL;
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your contact details, including address, telephone number, and email address;
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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
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a statement by you, 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.
20. Limited License
Qualifo grants Member a nonexclusive, revocable right to use the Site provided that Member does not copy, modify, create a derivative work of, reverse engineer or otherwise attempt to discover any source code thereof, or breach this Agreement.
21. Disclaimer of Warranty and Limitation of Liability
THE MEMBER ACKNOWLEDGES AND AGREES THAT Qualifo.COM IS PROVIDED “AS IS”, AND THEREFORE HE/SHE WILL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS Qualifo IN RESPECT TO Qualifo.COM'S PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE MEMBER'S NEEDS. THE USE OF Qualifo.COM IS AT THE MEMBER'S SOLE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
Qualifo EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY EXPERTS. IF A MEMBER DECIDES TO RELAY INFORMATION PROVIDED BY AN EXPERT FOLLOWING THE USE OF Qualifo.COM, HE/SHE MUST EXERCISE A HIGH STANDARD OF CARE. THE MEMBER SHALL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS Qualifo, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT TO ANY SERVICE, INFORMATION, CONTENTS OF PRODUCTS, OR ADVICE HE DECIDES TO RECEIVE AND/OR RELAY FURTHER. Qualifo WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES ACQUIRED THROUGH Qualifo.COM. THE SALES OR PURCHASE OF SERVICES AND PRODUCTS IS EFECTED AT THE MEMBER'S SOLE RISK.
UNDER NO CIRCUMSTANCES WILL Qualifo, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS AND SUB-CONTRACTORS BE LIABLE TO ANY MEMBER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM ANY PROVISION OF THIS AGREEMENT. Qualifo, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS AND SUB-CONTRACTORS' AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY MEMBER (OR CLIENT) TO EXPERT THROUGH Qualifo.COM IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. MEMBER ACKNOWLEDGES AND AGREES THAT Qualifo DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY AN EXPERT IN CONNECTION WITH PAYMENT FOR HIS SERVICES BY THE MEMBER AND MEMBER AGREES TO INDEMNIFY AND HOLD Qualifo HARMLESS IN CONNECTION WITH ANY SUCH CLAIM.
Qualifo WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN AN EXPERT AND A MEMBER, INCLUDING A MEMBER FEE AGREEMENT. MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH AN EXPERT.
IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH Qualifo.COM, THE MEMBER HEREBY RELIEVES Qualifo, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS AND SUB-CONTRACTORS FROM ALL MANNER OF ACTIONS, CLAIMS 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 MEMBER MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.
22. Interactions with Mental Health/Health/Financial Professionals and other Experts
If a Member chooses to interact with a mental or health professional (the term “mental health professional” includes, but is not limited to, psychiatrists, psychologists, therapists, counselors and social workers, medical doctors or financial professionals), or financial planning or investment expert on the Site, the Member relationship (as with all other Experts) is strictly with the respective Expert and Qualifo is not involved in any way with the substance of that relationship or the advice or information given therein.
Member understands that it is his or her responsibility to check the certification and/or licensing and/or professional qualifications of the mental health or financial professional and other Experts with the applicable state licensing Board, regional, state, national or international professional authorities.
For certificates images and other documents and information displayed in Expert’s profile, IT IS THE MEMBER’S RESPONSIBILITY TO VERIFY THE AUTHENTICITY, VALIDITY, ACCURACY, TRUSTWORTHINESS AND RELIABILITY OF SUCH CONTENT DISPLAYED, AND QUALIFO HAVE NO OBLIGATION, AND WILL NOT CHECK AUTHENTICITY AND WILL NOT PROVIDE OTHER QUALITATIVE OR QUANTITATIVE SCREENING OF SUCH DISPLAYED MATERIAL.
Member acknowledges that neither the mental health professionals, financial professionals on the Site nor other Experts are employees or agents of Qualifo and Qualifo assumes no responsibility for any act or omission of any Expert. Member understands and agrees that, although a mental health professional or other Expert may have been accessed through the Site, Qualifo cannot predict or assess the competence of, or appropriateness for Member's needs. Member also understands that Member takes full responsibility for the decision to access a mental health professional, financial professional or other Expert through the Site and to continue to interact with the respective Expert, and that the role of Qualifo is strictly limited to providing access to experts and professionals and other Experts and their products and services for Member's consideration.
Member hereby releases and agrees to hold harmless Qualifo, its directors, officers, employees, agents, successors, experts, consultants, and assigns from any and all causes of action and claims of any nature resulting from the acts of mental health professionals or other Experts accessed through the Site.
The content on the Site is provided for general information purposes only and is not intended in any way to be a substitute for physical face-to-face professional advice from an authoritative entity.
Opinions of the mental health professionals and other Experts are solely their opinions, and not those of Qualifo. Qualifo does not assume any liability or responsibility for the accuracy of the content on the Site, including the biographical information of the mental health professionals, financial professionals or other Experts, and their services and products. Qualifo does not assume any liability or responsibility for damage or injury to persons or property arising from the use of any information or advice given by an Expert.
23. Disputes, complaints and requests for refund.
There is a clearing period for Members that have just completed a transaction to file a dispute, complaint or request of refund regarding the dissatisfaction of service or product they received from Experts on qualifo.com. Clearing period of specific service and products are defined as follow:
One on one Live consultation (including typing chat, voice chat, video conferencing and paid-email reply): 72 hours after the respective transaction is finished, and 72 hours after the respective paid email/paid message is sent to the “Email consultation” section of Member’s My Qualifo’s message section.
E- Learning material sales: within 168 hours after the particular item is purchased and available for Member for download.
Before the end of the 72 (168 hours for library item) hours is reached, fund received by Experts through the provision of the respective service or product will be withheld by Qualifo and be classified as “Pending Income” in Expert’s account.
After the 72 (168 hours for library items) hours with no complaint or dispute raised, the respective amount will then be cleared and awaited to be credited into Expert’s account. Qualifo has no obligation in processing nor to accepting disputes of any kind after the Clearing Period of any kind of purchase of products or services is over.
By not summiting a complaint or dispute or refund request before the clearing period ends, Client acknowledge and accept the quality of services or product he/she has purchase to an extend that no refund (either partially or fully) is required, and disclaim the right(s) of raising a dispute for any kind of refund or compensation. AND
By summiting a rating of 3 stars or more, Client agrees that the delivered product or service has met a satisfactory standard, and agree to disclaim and forgo ALL rights of raising any dispute or request for refund of any amount. Amount with respect to the service/product rated 3 or more stars will automatically and instantaneously be cleared, and will be awaited to be transfer into Expert’s account, and further dispute or refund request or appeals of any kind will NOT be accepted.
Qualifo will accept refund request ONLY when the provided goods or services is/are objectively and seriously flawed, and Expert fails to provide a LARGE PORTION of described materials and services when the products/services are delivered, AND the provided goods/services has NO POSSIBILITY to be a reasonable substitute of the original described version. And only under the following circumstances that Qualifo will handle disputes or refund request:
1. One on one Live consultation: No dispute or refund request will be accepted for voice, typing chat or video conferencing, as Clients can always end the respective session any time during the chat for any reason, and charges will be stopped immediately.
For paid-email answers, only blank or OBVIOUSLY UNRELATED answers will be qualified for a refund request. TOO-SHORT, incomplete, confusing, abstract, abstruse and/or abbreviated answers are NOT qualified for a refund request.
4. Library Item: Item(s) are unavailable for download, or visual/multimedia item is significantly flawed that it is unable to be downloaded, viewed or opened properly (it is Member’s responsibility to ensure that he/she has the required video player or other viewing software before purchasing any kind of Library Items), or audio part of a video item is lost or significantly damaged. QUALIFO WILL NOT GRANT REFUND TO BUYERS WHO BOUGHT A POORLY PRODUCED BUT PLAYABLE/VIEWABLE/ READABLE PRODUCT.
IT IS BUYERS’ (I.E. CLIENTS’) OBLIGATION TO JUDGE THE VALIDITY, ACCURACY AND TRUSTWORTHINESS OF ANY PRODUCT/SERVICES SOLD/PROMOTED BY EXPERTS USING AVAILABLE INFORMATION INCLUDING BUT NOT LIMITED TO EXPERT’S PROFILE, Qualifications, especially sample video preview (if available) to get an idea of what he or she is paying for. QUALIFO DOES NOT HAVE THE OBLIGATION TO, AND WILL NOT DOUBLE CHECK THE QUALITY OF PRODUCTS AND VALIDITY, ACCURACY AND TRUSTWORTHINESS OF CONTENT AND INFORMATION DELIVERED BY PRODUCTS THAT ARE PROVIDED BY EXPERTS ON QUALIFO.COM.
For cases that match the above criterion and/or are eligible for a refund, A HANDLING FEE OF 15% OF THE REFUND AMOUNT WILL BE CHARGED BY QUALIFO, PAYABLE BY CLIENT, DEDUCTED BEFORE BEING CREDITED BACK TO THE CLIENT’S ACCOUNT.
Qualifo and its technical team will spend a reasonable amount of effort to screen for virus, bugs, worms, Trojan horse, spywares and other harmful material on Qualifo servers and database regularly, and files uploaded by members will be scanned by a reasonably up-to-date anti-virus software. Yet, QUalifo’s operation systems, tools, applications and software are not fault-free and Qualifo will not guarantee safety of any material downloaded from Qualifo.com or any material transmitted between members, from Qualifo, and/or Qualifo employees, affiliates, directors, representatives, partners, holding company, agencies and/or other Qualifo-business-related entity. Qualifo has no obligation, and will not, compensate for damages, losses or any other consequential impact, directly or indirectly, cost by transmission of infected or faulty files, documents, data, software and other materials.
HOWEVER, ACTUAL DISPUTES ARE CASE SPECIFIC, AND ABOVE SCENARIOS ARE ONLY FOR REFERENCE PURPOSE. QUALIFO RESERVES ALL RIGHTS OF MAKING THE FINAL DECISION(S) OF HOW MUCH TO COMPENSATE OR REFUND TO CLIENTS, AND COMPENSATION OR REFUND WILL ONLY BE LIMITED TO BE, BUT NOT NECESSARY TO BE, THE FULL AMOUNT PAID BY CLIENT.
MEMBERS HEREBY GRANTS THE RIGHT TO, AND ACKNOWLEDGE QUALIFO IN MAKING ALL FINAL DECISIONS ON DISPUTES AND/OR COMPLAINTS REGARDING PARTIAL OR/AND FULL REFUND, NO FURTHER APPEALS WILL BE PROCESSED OR ACCEPTED AFTER DECESIONS FROM QUALIFO IS MADE.
24. PRICE CHANGE
All commissions charged by Qualifo on products and services provided by Experts are to be paid by Experts and will be charged automatically before such amount is credited to Experts’ account. Yet, Experts reserves all rights to amend any price of products/services he or she is providing on Qualifo, at any time, and by confirming in purchasing any product or service on Qualifo, Clients will be charged according to the price displayed at the page of purchase confirmation. No compensation will be given to the original payer if any of his/her service/product purchased (including but not limited to pre-paid rights to attend Live Events and Online Courses) has changed in price after confirmation of purchase is made.
Due to the subjective nature of evaluating a validity and accuracy of the actual delivered product/service compared with that described, QUALIFO RESERVES ALL RIGHTS OF MAKING FINAL JUDGEMENT AND DECISIONS OF HANDLING ALL REFUND REQUEST REGARDING ACTIVITIES AND TRANSACTIONS TAKE PLACE ON OR VIA QUALIFO.COM, AND QUALIFO RESERVES ALL RIGHTS OF FINALIZING THE AMOUNT REFUNDED TO THE ORIGINAL PAYING MEMBER. NO APPEALS OR FURTHER COMPLAINT WILL BE ACCEPTED NOR WILL IT BE HANDLED AFTER QUALIFO’S FINAL DECISION HAS BEEN MADE, AND/OR SUCH COMPENSATION ACTION HAS TAKEN PLACE. During the period of investigation, Qualifo may ask the Expert and/or Client(s) involved for further information or evidence for facilitating the process of investigation, and failing to provide such material or evidence within seven (7) days after such request is sent from Qualifo to Client or/and Expert will possibly lead to end of investigation and closing of case, and will potentially benefit the opposite party.
25. Feedback system
Our feedback system is for Clients who have purchase services/products from an Expert to signal and comment in the quality of services/products he/she received. After a transaction is over, Client can leave feedback any time regarding the service or product he/she received from the respective expert within 60 days after the transaction is over, and by not leaving feedback or ratings within 60 days, Client automatically disclaim the right of leaving any feedback, comment or rating for that particular transaction, and record or such transaction will then NOT be listed in the Review/feedback section of the Expert’s profile.
Content and ratings displayed in the Review/feedback sections of Expert’s profile are fully contributed by Members, and Qualifo has no control over the reliability, accuracy, validity or truthfulness of such rating/feedback/review/comment, and by no means is Qualifo recommending members to rely on such comments or ratings submitted by Members. When reading about feedbacks or comments or all other content submitted by Members on Qualifo.com, Members should be meticulous and always acquire information with scrutiny. Leave a message to expert or ask a question before committing into any transaction if necessary.
26. Indemnification
Member shall 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 Member according to this Agreement; (b) Member's refusal to pay for services or goods provided by any Expert; or (c) any materials that Member had posted to Qualifo.com or transmitted through it, and/or any content on Member's Web site or otherwise provided by Member.
27. Notice
Any notice or other communication to be given hereunder will be in writing and 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.
28. No Assignment
Member shall not assign his or her rights and obligations according to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of Qualifo. Any purported assignment by Member without the appropriate prior written approval will be null and void and of no force or effect.
29. Modifications to this Agreement
Qualifo may change this Agreement or any part hereof at any time according to its absolute discretion and without any prior notice. Therefore, Member is encouraged to check the terms of this Agreement frequently. By using the service or Site after the changes, Member agrees to be bound by such changes to this Agreement.
30. 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 government of Hong Kong Special Administrative Region (excluding any rules governing choice of laws), and any legal proceeding arising out this Agreement will occur exclusively in the courts located in Hong Kong. This Agreement will be binding 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 Member with respect to the subject matter hereof, and Member has not relied upon any promises or representations by Qualifo with respect to the subject matter except as set forth herein.
No amendment to this Agreement will be effective unless made in writing by Qualifo Limited. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
31. Violation of Agreement
The Member may report any violation of this Agreement to cs@qualifo.com.
