TERMS AND CONDITIONS (“SERVICE PROVIDERS”)
THESE TERMS AND CONDITIONS WILL BE APPLICABLE TO YOUR USE OF AND ACCESS TO THE WEBSITE (AS DEFINED IN PARAGRAPH 1 BELOW). THESE TERMS CONTAIN EXCLUSIONS AND LIMITATIONS OF THE LIABILITY OF GEWC LIMITED AND IMPOSES LEGAL OBLIGATIONS ON YOU. BY ACESSING AND/OR USING THE WEBSITE AND/OR SUBMITTING YOUR PROFILE ONTO THE WEBSITE YOU INDICATE YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE, PLEASE REFRAIN FROM ACCESSING AND/OR USING THE WEBSITE OR ANY SERVICES MADE AVAILABLE ON IT. PLEASE READ THESE TERMS CAREFULLY, ESPECIALLY THE PROVISIONS OF PARAGRAPHS 9, 10 AND 11. IT IS SUGGESTED THAT YOU PRINT A COPY OF THESE TERMS AND KEEP IT FOR YOUR RECORDS.
1.1 When accessing the website www.gilvah.com (the “Website”) and by clicking on the acceptance button or by submitting your profile onto the Website, you enter into a legally binding contract with GEWC Limited upon these terms and conditions (“Terms”). GEWC Limited is a company incorporated under the laws of England and Wales with company number 2002/080618/23 and whose registered office is at Sigma House, Edginswell Park, Oak View Close, Torquay TQ2 7FF (hereinafter referred to as “we” or “us” or “our”).
1.2 On the Website we provide a service allowing consumers to browse the profiles of service providers who provide professional coaching, counseling or other advisory services and consumers are able to book sessions with the service provider of their choice. The service providers will then, by means of the Website, communicate with a consumer using Voice over Internet Protocol in order to provide their professional services to the consumer. Any contract for services (for the provision of services by a service provider to a customer by means of the Website) resulting from a consumer’s engagement with a service provider, will be entered into between the relevant consumer and the relevant service provider and GEWC Limited will not be a party to such contract.
1.3 These Terms apply to all service providers (“Service Providers”, “you” or “your”) using the Website to provide any type of professional service which may include coaching, counseling and/or the provision of financial, medical or other types of advice to users of the Website (“Users”) who request such services from you (the “Services”).
2.1 As stated in BOLD at the top of these Terms and in paragraph 1 above, by using the Website, you agree to be bound by these Terms. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become dissatisfied with us or the Website, please refrain from accessing or visiting the Website for any reason whatsoever and contact us using the contact details provided in paragraph 15 below.
2.2 These Terms may be updated by us at any time in our sole discretion. We may send you notice of changes to the Website or the Terms.
3.1 We hereby grant to you a non-transferable, non-exclusive, revocable and limited license to access and use the Website solely for purposes of providing the Services to Users. We may, from time to time, update or modify the Website at our discretion and such updates and/or modifications are included within the license described above. You may not sublicense or transfer any of the rights granted to you hereunder.
3.2 You agree that you will not directly or indirectly copy or reproduce all or any part of the Website, whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organisation. You further agree to use the Website solely for its intended purposes and shall not use the Website for the benefit of any third party except as specifically contemplated under these Terms or a contract governed by these Terms.
4. PAYMENT AND COMMISSION
4.1 You will receive a billing statement from us at the end of each calendar month which records the number of consultations which you have attended for the past calendar month.
4.2 You agree that, in respect of each consultation which is scheduled between you and a User, GEWC Limited shall be entitled to a commission equal to 10 per cent (10 %) of the amount you receive from a User for the provision of the Services or such other percentage commission as agreed between us in writing (“Commission”). At the end of a calendar month, you will deliver a complete and correct invoice for the consultations carried out by you in the relevant month to GEWC Limited which invoice GEWC Limited undertakes to pay within thirty (30) calendar days of receipt.
4.3 The Commission shall be deducted by GEWC Limited from amounts received from Users as consideration for the provision of the Services by you.
4.4 The Commission does not include value-added tax (“VAT”) and, if relevant, you agree to pay the applicable VAT to us in addition to the Commission against our invoice.
5. COLLECTION AND PROCESSING OF PERSONAL INFORMATION
6. THE WEBSITE
6.1 The Website and content available through the Website may contain links to other third party websites (“Third Party Websites”), which are completely unrelated to us. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies.
6.2 We do not permit copyright infringing activities and infringement of intellectual property rights on the Website,
and we may, at our sole discretion, remove any infringing material and/or content if properly notified that such material and/or content infringes on another’s intellectual property rights.
7. PROVISION OF THE SERVICES
7.1 You acknowledge and agree that you are solely responsible for the provision of the Services to any of the Users by means of the Website and the consequences of providing such Services.
7.2 You are acknowledge and agree that:
7.2.1 you will have to register a new Skype address for the use of the Website;
7.2.2 you are required to deal with complaints regarding the content of the consultation directly with the User;
7.2.3 you are not allowed to initiate or carry out any video consultations with any Users which you have contacted through the Website;
7.2.4 your profile will be removed from the Website if you do not arrive for two (2) booked consultations with Users without initiating rescheduling at least two (2) days prior to the booked consultation;
7.2.5 you will be solely responsible for all content submitted by you via the Website.
7.2.6 you will charge an adequate fee for your consultations and products
7.3 You expressly agree not to post, email, or otherwise make available material and/or content:
7.3.1 that violates any law;
7.3.2 that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant us all of the license rights granted herein;
7.3.3 that infringes any of the foregoing intellectual property rights of any party, or is material and/or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
7.3.4 that is harmful, abusive, unlawful, threatening, harassing, defamatory, pornographic, libelous, invasive of another’s privacy or other rights, or harms or could harm minors in any way;
7.3.5 that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
7.3.6 that violates any employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.
7.3.7 that includes personal or identifying information about another person without that person’s explicit consent;
7.3.8 that impersonates any person or entity, including, but not limited to, any of our employees, or falsely states or otherwise misrepresents an affiliation with a person or entity;
7.3.9 that is false, deceptive, misleading, deceitful, or misinformative;
7.3.10 that constitutes or contains “pyramid schemes,” “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” or unsolicited advertisements of a commercial nature; or
7.3.11 that includes links to commercial services or Third Party Websites, except as specifically allowed by us;
7.3.12 that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
7.4 We reserve the right to remove any material and/or content without prior notice. We may also terminate your access to the Website, if you are determined to be a repeat infringer by us. A repeat infringer is a person who has been notified of infringing activity more than twice and/or has had a submission removed from the Website more than twice. Further, at our sole discretion, we reserve the right to decide whether any material and/or content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene, libelous, or defamatory material, or excessive length. We may remove such material and/or content and/or terminate your access to the Website for uploading such material in violation of these Terms at any time, without prior notice and in our sole discretion.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 You acknowledge and agree that the Website and other materials on the Website, including without limitation, the text, software, scripts, graphics, photos, interactive features and the like (“Materials”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to us, and are subject to copyright and other intellectual property rights. Materials on the Website are provided to you ‘AS IS’ for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
8.2 We reserve all rights not expressly granted herein to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Materials for the authorised purposes, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein.
8.3 Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited.
8.4 You further agree not to reproduce, duplicate or copy material and/or content from the Website, and agree to abide by any and all copyright notices and other notices displayed on the Website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained on the Website.
9.1 You agree to defend, indemnify us and hold us harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:
9.1.1 your use of and access to the Website;
9.1.2 your violation of any term of these Terms;
9.1.3 your violation of any third party right, including without limitation any copyright, trademark, trade secret or
other property, or privacy right; or
9.1.4 any claim that your use of the Website caused damage to a third party.
9.2 This indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Website.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
11. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment or transfer by you shall be null and void.
If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired.
14. SUCCESSORS AND ASSIGNS
These Terms shall inure to the benefit of and be binding upon each party’s successors and assigns.
15. HOW TO CONTACT US
If you have any questions about these Terms or the Website, please contact firstname.lastname@example.org.