Welcome to ExpertGate! We’re excited to have you join our Platform dedicated to making knowledge and expertise accessible to all. Our goal is to empower individuals and organisations by facilitating collaboration between academic and industry professionals.

What do these Terms cover?

These Terms outline how our business functions, the legal requirements we adhere to, and the principles that guide our operations. By using our Platform, you agree to be bound by these Terms, which govern your relationship with ExpertGate. Please take the time to read and understand these Terms. Your use of our Platform signifies your acceptance of these Terms.

Your Service Provider:

These Terms of Service (the “Terms”) constitute a legally binding agreement between ExpertGate, its subsidiaries, and affiliates ("Company," "we," "our," or "us") and you (“you”, “your”, or “user”). The Company is operated under the laws of Australia bearing Australian Business Number (ABN) 54 663 441 870 and having its address at 8 Parramatta Square, Level 48/10 Darcy St NSW 2150, Australia. These Terms will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between us and you for the use of our Website http://www.expertgate.org (“Website”), our Services, and any of our other websites, mobile or digital applications, or any other services we offer from time to time by or in connection therewith (together referred to as the “Platform” or “ExpertGate”).

About ExpertGate:

The following constitutes the “Services”:

ExpertGate is your premier destination for connecting with top academic and industry experts worldwide. Our Platform serves as a trusted hub where professionals collaborate, share insights, and drive impactful projects in diverse fields such as Agriculture, Healthcare, Education, Manufacturing, Environmental, Energy, Mining and Business.

Our Service facilitates project coordination, Consultation Sessions, Courses and research collaboration through a user-friendly interface. With just a tap, engage with Experts across various fields. Security is fundamental; all payments are held in our Platform Secured Payment Account until service completion, ensuring trust and satisfaction. 

Our mission at ExpertGate is simple yet profound: to bridge the gap between academia and industry. We understand that the exchange of knowledge and expertise between these two realms is essential for driving innovation and advancing society as a whole. By facilitating collaboration and communication between academics, researchers, professionals, and organisations, we strive to unlock new possibilities and foster meaningful progress.

Our Mission:

At ExpertGate, we aim to make a difference. We pledge to give 50% of our profits to support educational initiatives in underprivileged communities. This includes developing courses, training teachers, and providing scholarships. By doing this, we hope to improve education, empower communities, and help create a fairer and more prosperous society.

To learn more about our Services and how our Platform operates, please click here.

1.1. Our role under these Terms is limited to administration and managing the Platform, including any Services made available to you on the Platform.

1.2. ACCESSING, BROWSING, OR OTHERWISE USING OUR PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS, SO PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING. 

1.3. By using the Platform and/or Services, you explicitly signify your consent and agreement to be bound by the terms and conditions outlined in these Terms. Further, by accepting these Terms, either by implication or expressly, you also accept and agree to be bound by our other policies (whether explicitly incorporated here by way of a reference or otherwise available on the Platform)  governing the use of our Platform, including but not limited to the Payment and Pricing Policy, Privacy Policy, Course Policy, Consultation Policy, Expert Guide, Customer Guide, and ExpertGate Intellectual Property Policy as amended from time to time. We encourage you to read the policies incorporated by way of reference in conjunction with these Terms to better understand how you can update, manage, export, and delete your information. If you do not agree with anything provided herein, please do not use or access our Platform and/or Services.

1.4. You understand and acknowledge that ExpertGate is a work marketplace where Customers and Experts can connect, advertise, buy, and sell Expert Services online. Subject to the Terms of Service and other policies governing the usage of the Platform, Expertagte provides the Services to Users, including hosting and maintaining the Platform, facilitating the formation of Contracts, and assisting Users in resolving disputes that may arise in connection with those Contracts. When a User enters a Contract, the User agrees to use the Services exclusively to invoice, receive, and pay any amounts owed under the Contract.

1.5. You further agree that ExpertGate connects Customers and Experts, allowing them to find each other, make agreements, exchange services, and handle secure payments. It's important to understand that ExpertGate doesn't directly provide or employ Experts for these services. ExpertGate doesn't check the accuracy or legality of information posted by Customers or Experts (including any postings or ratings). It's entirely up to you to decide if something seems legitimate.

1.6. ExpertGtate simply provides the Platform for Customers and Experts to connect. We are not responsible for the services offered by Users, the quality of work, or the completion of Contracts. ExpertGate also doesn't guarantee the abilities or qualifications of any Users. Any engagement or arrangement between Customers and Experts (referred to as Contracts) is solely between those two parties. We are not involved in these arrangements. Alternatively, ExpertGate acts as a marketplace facilitator. You, as the Customer or Expert, are responsible for evaluating Contracts and Users before moving forward.

1.7. We reserve the unilateral right to change the particulars contained in these Terms from time to time, without notice to you and in our sole discretion. If we make any such revision to these terms and conditions, we will update the effective date above and the revised Terms shall be effective from such date. You are required to frequently check these Terms and their effective date to understand the terms and conditions that apply to your use of our Platform and/or Services. Your continued use of the Platform and/or Services following such modification constitutes your acceptance of the modified Terms, whether or not you have read it.

1.8. Further, we may change, suspend, and/or discontinue the Platform and/or Services at any time, including the availability of any feature, database, or content on the Platform. We may also need to restrict Users’ access to parts and/or all of the Platform without notice in the event of technical disruptions or other similar events and we shall not be liable to the Users in such cases.

In these Terms the following expressions have the following meanings unless otherwise stated:

2.1 “Confidential Information” means any material or information provided to, or created by, a User to evaluate a Contract or the suitability of another User for the Contract, or provided in connection with a Contract, regardless of whether the information is in tangible, electronic, verbal, graphic, visual, or other form. Confidential Information does not include material or information that: (a) is generally known by third parties as a result of no act or omission of Expert or Customer; (b) was lawfully received by User without restriction from a third party having the right to disseminate the information; (c) was already known by User prior to receiving it from the other party and was not received from a third party in breach of that third party’s obligations of confidentiality; or (d) was independently developed by User without use of another person’s Confidential Information.

2.2. “Consultation Session”  refers to a scheduled meeting between an Expert and a Customer wherein the Expert provides professional advice, guidance, or insights based on their specialised knowledge or experience. During a Consultation Session, the Expert addresses the Customer’s specific questions, issues, or objectives within a defined time frame. These sessions are typically conducted via the communication tools available on the ExpertGate Platform and are intended to provide actionable recommendations or solutions tailored to the Customer’s needs.

2.3. “Contract” shall mean a specific work engagement or assignment between a Customer and an Expert on the Platform. Contracts can be structured as Fixed-Price, Hourly, Courses, or Consultation sessions, and are governed by the terms agreed upon by both the Expert and the Customer within the ExpertGate framework.

2.18. “Courses” refers to a structured program, lectures, video lessons, or sessions delivered by an Expert to a Customer with the objective of imparting specific skills, knowledge, or competencies. Courses are designed to educate Customers on particular topics or practices, often following a pre-defined curriculum or agenda. These courses can be conducted individually or in groups and utilise the communication and interactive tools available on the ExpertGate Platform to facilitate learning and engagement. The primary goal is to enhance the Customer’s proficiency and understanding of the subject matter covered.

2.4. “Customer” shall mean an individual, organisation, or entity that utilises the Platform to seek and obtain Services from Experts. For the purpose of these Terms, Customers may include educational institutions such as universities, colleges, high schools, and businesses ranging from government enterprises to small businesses. Additionally, media outlets and individual students pursuing education at any level can also be considered Customers on the Platform.

2.5. “Expert” shall mean an independent contractor/professional registered on the Platform, offering specialised knowledge, skills, and services to Customers. For the purpose of these Terms, an Expert may be an academic specialist, industry professional, or subject matter expert registered on the Platform. 

2.6. “Expert Fee" means (a) for an Hourly Contract, an amount equal to the number of hours recorded by the Expert multiplied by the hourly rate set by the Expert; (b) for a Fixed-Price Contract, the fixed fee agreed between a Customer and an Expert; and (c) any bonuses or other payments made by a Customer.

2.7. “Expert Services” means all services performed for or delivered to Customers by Experts.

2.8. "Fixed-price Contract" means a Contract for which the Customer is charged a fixed fee agreed upon between a Customer and an Expert, prior to the commencement of a Contract, for the completion of all Expert Services contracted by the Customer for such a Contract.

2.9. "Hourly Contract" means a Contract for which a Customer is charged based on the hourly rate set by the Expert.

2.10. “Indemnified Claims” means any and all claims, damages, liabilities, costs, losses, and expenses (including solicitors’ fees) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party.

2.11. “Indemnified Liabilities” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable solicitors’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against you or a third party or other User.

2.12. “Intellectual Property” or “Intellectual Property Rights” means all of the rights with respect to patents, patent applications, patent disclosures, and inventions (whether or not patentable and whether or not reduced to practice) and any reissue, continuation, continuation-in-part, revision, extension or reexamination thereof; marks together with all goodwill associated therewith, including, without limitation, all translations, adaptations, derivatives and combinations of the foregoing, and registrations, applications, and renewals related thereto; copyrights and copyrightable works; mask rights, and proprietary know-how; and all registrations, applications and renewals for any of the foregoing; trade secrets;; and all copies and tangible embodiments of the foregoing (in whatever form or medium). For detailed information on the ownership, use, and protection of Intellectual Property on our Platform, please refer to our Intellectual Property Policy;

2.13. “Manual Payouts Feature” shall mean functionality within the Stripe Connect platform that allows ExpertGate to manually initiate the disbursement of funds to Experts or Customers after specific conditions are met, such as successful completion of services and resolution of any disputes, ensuring controlled and compliant fund transfers.

2.14. “Means of Direct Contact” refers to any information that would allow another person to contact you directly, including, without limitation, phone number, email address, physical address, a link to a contact form or form requesting contact information, any link to an applicant management system or means to submit an Expression of Interest (EOI) or application outside of the platform, or any information that would enable a User to contact you on social media or other websites or platforms or applications that include a communications tool, such as Skype, Slack, WeChat, or Facebook etc. Information is a Means of Direct Contact if it would enable another User to identify any of the information above through other sources, such as going to a website that includes an email address or identifying you through social media.

2.15. “Milestone(s)” denote specific checkpoints or stages of progress that mark significant events or achievements in the completion of the Services outlined in the Contract. These Milestones serve as measurable goals or targets that help track the advancement of the Contract and facilitate effective Contract management and monitoring by both the Expert and the Customer.

2.16. “Payment Instructions” shall have the meaning as ascribed to them in the Payment and Pricing Policy.

2.17. “Platform Secured Account”  shall mean a payment processing account secured by Stripe Connect platform, our payment partner, and managed by ExpertGate. It facilitates the receipt, holding, and disbursement of funds between Customers and Experts, enabling ExpertGate to manage transactions in compliance with applicable laws and agreements between the parties.

2.19. “User(s)” means any individual/entity who accesses or interacts with the Platform whether for personal use, business use, or on behalf of others. For the purposes of these Terms, User includes without limitation Customers, Experts, contractors, employees, and sub-contractors.

We welcome Users to utilise our Services, subject to adherence to these Terms of Service. To ensure clarity, here's who may and may not use our Services:

3.1. Eligible Users:

3.1.1. Customer: Individuals or entities may utilise our Platform and/or Services by streamlining academic or industry project postings. Our curated network of pre-vetted Experts simplifies talent acquisition, allowing for efficient comparison of qualifications and proven academic and/or industry expertise. Customers utilising our Platform and/or Services must:

3.1.1.1. be at least 18 years old and capable of entering into a legally binding agreement;

3.1.1.2. demonstrate the intention and capacity to utilise our Services effectively; 

3.1.1.3. have the authority to enter into agreements and comply with the terms outlined in these Terms on behalf of the entity; and

3.1.1.4. acknowledge that the ultimate decision to accept or reject a Customer lies with the Expert.

3.1.2. Expert: Our Platform and/or Services are specifically designed for  Experts seeking to expand their network and expertise through collaboration with the Customer. Experts utilising our Platform and/or Services must:

3.1.2.1. be at least 18 years old and capable of forming a legally binding agreement;

3.1.2.2. have substantial experience and expertise in their field, typically includes advanced degrees, relevant certifications, and a proven track record of success in academia or industry and is a subject matter expertise in the field(s) they intend to offer Services on the Platform;

3.1.2.3. demonstrate the intention and capacity to utilise our Services effectively; and

3.1.2.4. have the authority to enter into agreements and comply with the terms outlined in this Terms on behalf of the entity.

Our Platform and/or Services empower Customers by streamlining the process of posting academic projects and connecting you with a network of top-tier academic Experts, facilitating informed decision-making. You affirm that you meet the eligibility criteria outlined above and agree to comply with our Terms of Service.

3.2. Prohibited Users:

3.2.1. Individuals under 18 years old: Minors under the age of 18 are not eligible to use our Platform and/or Services. If you are under 18, please refrain from using our Platform and/or Services without appropriate parental or guardian consent.

3.2.2. Individuals barred from using the Services: Users who have been previously suspended or prohibited from accessing our Platform and/or Services by us or any competent authority are not allowed to use our Platform.

3.2.3. Users from Thailand: Users from Thailand are not permitted to use our Platform and/or Services due to specific regulatory requirements and compliance obligations that we are unable to meet within Thailand's jurisdiction.

3.2.4. Users from Sanctioned Territories: You are prohibited from using our Platform and/or Services if you or the business entity you represent is domiciled, registered, or conducts business in any country or territory subject to financial and economic sanctions, trade embargoes, or similar restrictions imposed by the Australian government, including but not limited to Zimbabwe, Libya, Iran, Syria, and Russia. This also applies if you are listed as a prohibited, sanctioned, debarred, or denied party by the Australian Department of Foreign Affairs and Trade (DFAT) or any other relevant Australian government agency. You must obtain any required licence or government authorisation before accessing our Services if you fall under any of these categories.

3.3. Compliance with Laws:

All Users must comply with applicable laws, regulations, and policies when using our Platform and/or Services and not violate any laws or regulations in your jurisdiction.

3.4. International Users:

Our Platform and/or Services are intended for global use except as otherwise explicitly stated in these Terms, but Users must understand and comply with the laws and regulations of their respective countries or regions. We do not guarantee that our Platform complies with local laws outside Australia, and Users are solely responsible for ensuring their compliance with applicable laws.

4.1. Joining ExpertGate: 

To utilise the Service, you must complete the one-time sign-in process with us by setting up a User account (the “Account”). Ensure that you meet the eligibility criteria to use our Platform and Services (see Clause 3 in this Policy) prior to setting up an Account. Providing false information or failing to meet these criteria can result in Account suspension or termination. You can register an Account as an Expert (“Expert Account”) or as a Customer (“Customer Account”). 

4.1.1. Expert Account: This Account is designed for individuals offering their expertise across various fields and disciplines. Experts can provide Expert Services to Customers.

4.1.2. Customer Account: This Account is for individuals or organisations seeking expertise for various needs, including educational institutions, businesses, media outlets, and students.

4.2. Expert Registration:

To create an Expert Account, you must provide accurate, current, and complete information as prompted by the registration form. This includes but is not limited to, a full name, designation/title, email address, password, area of expertise, industry sector, professional profile links (LinkedIn/Work profile/Google Scholar) and attach your CV. You will need to verify your email to complete registration. Once registration is completed, ExpertGate’s Approvals team will check your information and provide approval/rejection based on the information you provided.  Additionally, at times, the team may conduct an interview to verify the information you provided. 

While you are waiting for the Approvals team to verify your information, you can complete setting up your profile (for details on the data we collect please see Privacy Policy (Clause 2). Make sure to complete your profile with accurate information about your professional background, qualifications, and areas of expertise. This helps build trust with potential Customers and increases your chances of securing Contracts.

Experts are responsible for maintaining the confidentiality of their Account credentials and are liable for all activities conducted under their Account. If you have previously registered, you should log in/sign in to your Account using the same credentials provided during the initial registration process. You agree not to provide any false or misleading information about your identity or location, your business, your skills, or the services you provide, and you agree to correct any information that is or becomes false or misleading. 

4.2.1. Complete Onboarding Tasks: Upon registration, complete any required onboarding tasks. This may include reading all the policies (including without limitation Privacy Policy, Payment and Pricing Policy, Project Policy for Experts, Course Policy, Consultation Policy, and Intellectual Property Policy) that govern the use of our Platform to familiarise yourself with the Platform's rules and features. Reading the policies helps you understand how to navigate the Platform and use its tools effectively without causing any kind of infringement.

4.2.2. Complete Expert Profile (100%): Your profile is your professional storefront. Ensure it is 100% complete with detailed information about your expertise including a brief summary about yourself, your work history, your previous projects, media interviews and awards and honours. A comprehensive profile increases your visibility and attractiveness to potential Customers. To understand what information is required to build a complete profile, please refer to the table below: 

Note: Asterisked items make up 50% of a completed profile. You can’t achieve a 100% complete profile if you’re missing any of these items. Any combination of the non-asterisked profile items in the table can be used for the remaining 50% of a complete profile.

4.2.3. Stay Updated with New Categories: 

Regularly update your profile to include new categories and skills. ExpertGate may periodically add new fields to reflect industry trends. Keeping your profile current ensures you appear in relevant searches and can attract a broader range of Contracts. 

4.2.4. Enhance Your Profile: 

At ExpertGate, you can elevate your profiles by consistently delivering exceptional work and your Customers are encouraged to provide honest feedback and reviews for your work in accordance with our Feedback, Reviews, and Rating Policy. This system not only helps Experts to stand out but also fosters trust and reliability within the ExpertGate community, ensuring that top-tier talent is recognised and rewarded. 

4.2.5. Authentic Representations: 

Ensure that your profile and EOIs accurately represent your skills and experience. Honesty is crucial in building trust with Customers. Misrepresenting your abilities can lead to project failure and negative feedback, which can harm your reputation on the Platform. Therefore, when it comes to our Platform, honesty is a key component to success. If we find that the information you provided is not accurate, we may ask you to re-verify your Account information. We may also restrict or permanently suspend your Expert Account if we cannot verify the information you provide.

4.3. Customer Registration: 

To create a Customer Account, you must provide accurate, current, and complete information as prompted by the registration form. This includes but is not limited to, a full name, designation/title, email address, password, and industry sector (for details on the data we collect please see Privacy Policy (Clause 2). You will need to verify your email to complete registration. Make sure to complete your profile with accurate information about your professional background, education, and work experience. This helps build trust with Experts and increases your chances of securing projects with them.

Customers are responsible for maintaining the confidentiality of their Account credentials and are liable for all activities conducted under their Account. If you have previously registered, you should log in/sign in to your Account using the same credentials provided during the initial registration process. 

4.3.1. Complete Onboarding Tasks: Upon registration, complete any required onboarding tasks. This may include reading all the policies (including without limitation Privacy Policy, Payment and Pricing Policy, Project Policy for Experts, Course Policy, Consultation Policy, and Intellectual Property Policy) that govern the use of our Platform to familiarise yourself with the Platform's rules and features. Reading the policies helps you understand how to navigate the Platform and use its tools effectively without causing any kind of infringement.

4.3.2. Complete Customer Profile (100%): Your profile is your professional storefront. Ensure it is 100% complete with detailed information about your role including a brief summary about yourself. To understand what information is required to build a complete profile, please refer to the table below: 

Note: Asterisked items make up 60% of a completed profile. You can’t achieve a 100% complete profile if you’re missing any of these items. Any combination of the non-asterisked profile items in the table can be used for the remaining 40% of a complete profile.

4.4. Account Verification: 

To ensure account security, Users must verify their email address during Account creation and login. A verification link will be sent to the email address provided. Further, Experts will be required to complete KYC (Know Your Customer) verification as mandated by our payment partner Stripe for payments to be released from ExpertGate’s Platform Secured Account to their Account. This verification process involves providing personal identification information to confirm the Expert’s identity, which may include government-issued identification, proof of address, and other relevant documentation. The KYC verification is a crucial step to ensure compliance with financial regulations, prevent fraud, and maintain the security and integrity of transactions on the Platform. Failure to complete the KYC verification may result in delays or inability to receive payments. Payments will be released as per the terms outlined in our Payment and Pricing Policy. Additionally, Users understand and acknowledge that each time they login, they will receive a One-Time Password (OTP) sent to their registered mobile numbers. This OTP serves as an additional layer of security to verify the User's identity and protect against unauthorised access to their Account. Users are required to enter the OTP along with their regular login credentials to complete the login process successfully.

4.5. Account Security and Update:

4.5.1. Users are responsible for safeguarding their Account credentials and preventing unauthorised access to their Account. Any unauthorised use of an Account must be reported to the Company immediately for investigation. 

4.5.2. You acknowledge and agree that we shall not bear any liability or responsibility for the activities or consequences arising from the use or misuse of any information under your Account.

4.6. Account Suspension and/or Deletion:

4.6.1. You agree to: (a) promptly inform us of any unauthorised use of your Account. In the event of a suspected security breach or misuse of your Account, we reserve the right to request a password change or suspend your Account, without incurring any liability to the Company, for a duration deemed appropriate in the circumstances. We disclaim any responsibility for any loss or damage resulting from your non-compliance with this provision.

4.6.2. The User shall be solely responsible for the accuracy and correctness of all such details/information given by the User during Account setup. If we have reason to doubt the correctness of any details/information furnished by you or in case any information furnished by you is found incorrect, false, or misleading, we reserve the right to cancel or suspend the registration of the User permanently or for such period as we deem fit.

4.6.3. You represent that, you are fully responsible and liable for what you do and do not do, including with respect to making payments and entering into the Contract and this Terms of Service. If you violate our  Terms of Service, it may affect your ability to use our Services and your Account may be closed. 

Users agree:

5.1. to fully comply with all applicable laws and any other contractual terms that govern your use of the Platform (and any related interaction or transaction), including those specific laws applicable to you in any of your geographical locations;

5.2. to provide your Account information accurately and failure to maintain such accurate information, including having an invalid or expired payment method, may result in the inability to access and use the Services;

5.3. to maintain the confidentiality of your password and take responsibility for all activities associated with your Account. We retain the right, at our sole discretion, to revoke, reclaim, or modify a username (or first/last name) you choose if we deem, in our judgement, that such username is inappropriate, obscene, or otherwise objectionable;

5.4. to notify us in writing immediately if you become aware of any disclosure of your password. You are responsible for any activity on our Platform arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure;

5.5. to not create an Account on behalf of anyone other than yourself without their permission. Additionally, using a username with the intent to impersonate another person, or using a username Account that is subject to the rights of someone else without proper authorisation, is not allowed;

5.6. to not assign or transfer your Account to any other person or entity;

5.7. to provide proof of identity to access or use the Services in certain cases. Refusal to provide proof of identity may result in denial of access to or use of the Services;

5.8. that we shall not bear any liability or responsibility for the activities or consequences arising from the use or misuse of any information under your Account, including without limitation, situations where you have neglected to update your mobile phone number and/or email address on the Platform;

5.9. that in the event of a suspected security breach or misuse of your Account, we reserve the right to request a password change or suspend your Account, without incurring any liability to the Company, for a duration deemed appropriate in the circumstances. We disclaim any responsibility for any loss or damage resulting from your non-compliance with this provision;

5.10. that we do not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use, or your compliance therewith; and

5.11. to comply with all applicable laws and use the Services only for lawful purposes.

6.1. Users understand and acknowledge that ExpertGate is not responsible for deciding whether to enter into Contracts with other Users and for determining the terms of those Contracts. Users are solely responsible for their decisions. 

6.2. If a Customer and an Expert decide to enter into a Contract, the Contract is a contractual relationship directly between the Customer and the Expert; ExpertGate is not responsible for and is not a party to any Contract and under no circumstances will any such contract create an employment or any service relationship between ExpertGate and any User.

6.3. With respect to any Contract, Customers and Experts may enter into any agreements that they deem appropriate (e.g., confidentiality agreements, invention assignment agreements, assignment of rights, etc.), provided that those agreements do not conflict with, narrow, or expand ExpertGate’s rights and obligations under the Terms of Service, along with other applicable policies incorporated by way of reference herein.

6.4. For disputes arising between Users, they agree to be bound by the Dispute Resolution Policy as outlined in Clause 23 of these Terms.

6.5. Users shall agree to any terms they deem appropriate with respect to confidentiality. If Users do not agree to their own confidentiality terms, Clause 6.6 applies.

6.6. To the extent a User provides Confidential Information to another User, the recipient will take reasonable steps to keep that information confidential. On a User’s written request, the party that received Confidential Information will promptly destroy or return the disclosing party’s Confidential Information and any copies of it contained in or on its premises, systems, or any other equipment otherwise under its control. Users specifically agree that this Clause 6.6 applies to information exchanged for purposes relating to evaluating whether to enter into a Contract, even if such Contract is never agreed to.

6.7. The Customer is solely responsible for and assumes all liability for determining whether Experts should be engaged as independent contractors or employees and engaging them accordingly. Customer warrants that its decisions regarding classification are correct and its manner of engaging Experts complies with applicable laws, regulations, and rules. ExpertGate is not responsible for worker classification as between Customer and Expert, and nothing in these Terms is intended to or should be construed to create a partnership, joint venture, franchisor/franchisee, or employer-employee relationship between ExpertGate and a User.

Users understand and agree to the following terms: 

7.1. In utilising the Platform, you may upload, post, provide, publish, display, link to, or otherwise share information essential for the Services through the Platform (collectively referred to as "User Content"). By doing so, you provide us with a worldwide, royalty-free, transferable licence to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display your User Content or any of its elements within the operational scope of the Platform's functionalities. This includes but is not limited to, promotional and advertising purposes across any media now known or hereafter devised. You acknowledge that any User Content you post may be utilised by us, consistent with our Privacy Policy on the Platform and you shall not be entitled to any payment or other compensation for such use. It’s your responsibility to ensure that your User Content abides by applicable laws and any agreement entered into. We are not responsible for any harm resulting from anyone’s access, use, purchase, or downloading of User Content, or for any harm resulting from third-party websites. You are responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

7.2. User Content must comply with the Content Standards set out in this Clause. User Content must not-

7.2.1. contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

7.2.2. promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

7.2.3. infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

7.2.4. submit work that would go against professional or academic standards or policies – including improperly submitting someone else’s work as your own, or by ghost-writing essays, tests, or certifications.

7.2.5. violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service, or our Privacy Policy. 

7.2.6. be likely to deceive any person.

7.2.7. promote any illegal activity, or advocate, promote, or assist any unlawful act.

7.2.8. cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

7.2.9. impersonate any person, or misrepresent your identity or affiliation with any person or organisation.

7.2.10. involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

7.2.11. give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

7.3. Your contribution to User Content is subject to the understanding that it aligns with applicable laws and regulations and the specific focus of the Company on enhancing Platform efficiency through cutting-edge technologies. Additionally, you are required to ensure that the User Content does not infringe upon the intellectual property rights of any third party. Prior to providing such User Content, you must obtain the necessary permissions, authorisations, or licences for trademarks, copyrightable works, or any other relevant intellectual property owned or controlled by a third party.

7.4. The User acknowledges that we may or may not pre-screen Content. However, we retain the right (but are not obligated) to pre-screen, refuse, or remove any User Content from the Platform at any time, for any reason. This includes, but is not limited to, instances where we receive claims, allegations, or complaints from third parties and/or authorities related to such User Content, or for no reason at all.

7.5. Your User Content must not be misleading or unlawful, and must not violate any of these Terms, applicable laws, and regulations, or infringe or misappropriate any rights of any person or entity. 

7.6. All Users must treat each other with respect and professionalism. Discriminatory, harassing, or abusive behaviour will not be tolerated. Any User Content that violates local, national, or international laws is strictly prohibited. Further, Users shall not share User Content that is defamatory, obscene, pornographic, vulgar, or offensive, or that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual.

7.7. At ExpertGate, we value honest and constructive feedback and suggestions from the Users. Users can rate the Expert Services provided by the Expert and the behaviour of each party. Additionally, Users are encouraged to provide feedback and suggestions. Please read our Feedback, Reviews, and Rating Policy to know more.

8.1. Prior to entering into a Contract, you agree to communicate with other Users exclusively through ExpertGate. Users agree that they shall use ExpertGate as the sole manner to communicate with other Users and they will not provide their Means of Direct Contact to any other User or another person that they identified or were identified by through the Platform.

8.2. Further, users will not use Means of Direct Contact of another User to attempt or to communicate with, solicit, contact, or find the contact information of a User outside of ExpertGate.

8.3. Additionally, Users agree that they will not ask for, provide, or attempt to identify through public means the contact information of another User and will not include any Means of Direct Contact or means by which their contact information could be discovered in any profile, EOI, job posting, invitation, or pre-hire communication through the Platform’s communication services (including in each case in any attached file), except as otherwise provided on the Platform.

9.1. Payment Terms: At ExpertGate, we offer payment services through our payment partner Stripe. To understand all the specific terms related to payments, Payment Instructions, management of funds, release of funds, responsibilities of users, and other pricing terms, please refer to our detailed Payment and Pricing Policy.

9.2. Taxes and Benefits: Experts acknowledge and agree that they are solely responsible for: (a) all tax liability associated with payments received from Customers and through ExpertGate; (b) obtaining any necessary liability, health, workers’ compensation, disability, unemployment, or other insurance needed or required by law, as Experts are not covered by or eligible for any insurance from ExpertGate. (c) determining and fulfilling their obligations under applicable laws and regulations with respect to invoicing and reporting, collecting, or remitting any applicable taxes or charges. (d) If outside of Australia, determining if ExpertGate is required by applicable law to withhold any amount of the Expert Fee(s) and notifying ExpertGate of any such requirement, as well as indemnifying ExpertGate for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). Further, in the event of an audit of ExpertGate, Experts agree to promptly cooperate with ExpertGate and provide copies of their tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing Experts are engaging in an independent business as represented to ExpertGate.

9.3. Refunds and Cancellation: Please refer to Clause 13 of our Payment and Pricing Policy to understand how refunds and cancellations are handled. This section provides detailed information on the circumstances under which refunds are issued, the process for requesting a refund, and the conditions for cancelling Contracts, Milestones, or other services.

10.1. Ownership and IP: You retain ownership of any User Content you post on ExpertGate. Our Platform respects the Intellectual Property Rights of our Users and ensures that the User Content you create and share remains your property. We are committed to protecting your rights and expect all Users to respect the Intellectual Property of others. For detailed information on the ownership, use, and protection of Intellectual Property on our Platform, please refer to our Intellectual Property (IP) Policy.

10.2. IP Infringement: We take Intellectual Property Rights seriously at ExpertGate. If you believe that your Intellectual Property Rights have been infringed upon by any User Content or otherwise on our Platform, we encourage you to report such incidents promptly. Protecting the integrity of Intellectual Property is paramount to us, and we have procedures in place to address infringement claims. Please refer to Clause 3 (Intellectual Property Claims and Infringement Reporting Procedures) of our Intellectual Property Policy to know how to report copyright, trademark, and other IP infringements.

11.1. Subject to compliance with these Terms, we may offer to provide the Services, as more comprehensively described on the Platform. These Services, selected by you, are intended solely for your own use and are not to be used or exploited for the benefit of any third party.

11.2. The provision of Services will be carried out on a best-efforts basis. We do not provide any warranties for the continuous availability or the accuracy of any content on our Platform.

11.3. We explicitly disclaim any responsibility for any harm resulting from the use, viewing, or downloading of any content from the Platform. If you choose to access or use any content or our Services, it is your responsibility to take necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. You acknowledge and agree that we shall not be liable for any damages that may arise from your use of the content on the Platform or our Services.

11.4. Prohibited Uses:

11.4.1. While using the Platform and/or Services, users consent to abstain from activities that contravene these Terms, encompassing fraudulent acts, spamming, hacking, and any actions that could disrupt the operations of the Platform and/or Services;

11.4.2. While using the Platform and/or Services users are strictly prohibited from assuming the identity of others, utilising counterfeit accounts, or indulging in any conduct that may falsely represent their identity;

11.4.3. You shall not edit or otherwise modify any material on our Platform unless you own or control the relevant rights in the material;

11.4.4. You are prohibited from probing, scanning, or testing the vulnerability of our Platform and/or Services without our permission;

11.4.5. You are prohibited from using our Platform and/or Services to copy, store, host, transmit, send, use, publish, or distribute any material that consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;

11.4.6. You are prohibited from decrypting or deciphering any communications sent by or to our Platform without our permission;

11.4.7. You shall not conduct any systematic or automated data collection activities, which include without limitation scraping, data mining, data extraction, and data harvesting on or in relation to our Platform and/or Services without our express written consent;

11.4.8. You shall not use our Platform and/or Services except by means of our public interfaces;

11.4.9. You shall not use data collected from our Platform and/or Services for any direct marketing activity, including without limitation email marketing, SMS marketing, telemarketing, and direct mailing;

11.4.10. You must not do anything that interferes with the normal use of our Platform and/or Services;

11.4.11. Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; and

11.4.12. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

Additional activities that are prohibited:

You may not access or use the Platform and/or our Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a User of the Platform and/or Services, you agree not to:

a. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive information.

b. Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Platform and Services and/or the content contained therein.

c. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services. Use any information obtained from the Platform and/or Services in order to harass, abuse, or harm another person.

d. Make improper use of our Platform and/or Services or submit false reports of abuse or misconduct.

e. Use the Platform and/or Services in a manner inconsistent with any applicable laws or regulations.

f. Engage in unauthorised framing of or linking to the Services.

g. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform and/or Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform and/or Services.

h. Attempt to impersonate another user or person or use the username of another user.

i. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').

j. Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.

k. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.

l. Attempt to bypass any measures of the Platform and/or Services designed to prevent or restrict access to the Platform and/or Services, or any portion of the Platform and/or Services.

m. Copy or adapt the Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

n. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website and/or Services.

o. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform and/or Services, or use or launch any unauthorised script or other software.

p. Make any unauthorised use of the Platform and/or Services, including collecting usernames and/or email addresses of Users by electronic or other means to send unsolicited emails, or create Account(s) by automated means or under false pretences.

We reserve the right to terminate User Accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such User Account will be deleted. It's advisable to keep your User Account active by engaging with our Platform regularly to avoid any inconvenience. Except as otherwise required by law, if your Account is closed, you will no longer have access to information or material you kept on the Website and any content stored in your Account may be deleted, for which ExpertGate expressly disclaims liability. ExpertGate may retain some or all of your Account information as permitted or required by law and the Privacy Policy.

By using the Platform, you represent and warrant that: 

13.1. you are doing business under your own name as a self-employed individual/independent contractor or are an employee or agent of an independent business (such as a corporation, limited liability company, or other entity);

13.2. all the information you submit will be true, accurate, current, and complete;

13.3. you will maintain the accuracy of such information and promptly update such information as necessary;

13.4. you have the legal capacity and you agree to comply with these Terms;

13.5. your use of the Platform shall be solely for your own purposes and business purposes;

13.6. if you register on our Platform as the representative of any entity, you represent that you are authorised to act on behalf of such entity and that such entity shall be bound to comply with these Terms upon your acceptance of these Terms;

13.7. you will comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting, and any offering or provision of Expert Services;

13.8. you are not a minor in the jurisdiction in which you reside and you are responsible for adhering to your country's laws when accessing our Platform and utilising our Services, given that the Company is located in Australia;

13.9. you will not access the Platform through automated or non-human means, whether through a bot, script, or otherwise;

13.10. you will not use the Platform for any illegal or unauthorised purpose; and

13.11. your use of the Platform and/or Services will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, licensing, privacy, data protection, the transmission of technical data exported from Australia or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising).

We may provide links to third-party sites on our Platform as a convenience to user(s). You hereby acknowledge that when you access third-party sites, you do so at your own risk.

14.1. You understand that external sites are beyond our control, and we are not accountable for the content, functionality, accuracy, legality, appropriateness, or any other aspect of such external websites or resources. The inclusion of any link does not imply endorsement or sponsorship by us or any association with its operators.

14.2. We may provide access to services from external or third-party service providers, seamlessly integrated into our Platform. Users acknowledge and agree that any issues or non-performance of such services will be addressed on a best-effort basis, subject to the pass-through obligations as agreed with the external/third-party service providers.

14.3. Users are advised to exercise caution when navigating external sites and using integrated services and carefully review the terms and conditions and privacy policies of all off-website pages and other websites that they visit.

14.4. We reserve the right to modify or remove links to third-party sites and services at any time without notice. Continued use of our Platform constitutes acceptance of any modifications to the links provided.

14.5. Users acknowledge that we collaborate with external or third-party service providers to enhance the user experience. Any collaborative efforts aim to improve services but are subject to the terms and conditions agreed upon with the respective service providers.

14.6. Users may be notified when they are leaving our Platform and redirected to access a third-party site or service. Additionally, we are not responsible for any content, advertisements, products, or other materials available on external sites or through integrated services.

15.1. While we do our best to keep the Platform up and running all the time, we can not promise it will always be perfect. Sometimes, there might be interruptions, delays, or errors, or the Platform might not be free of viruses. If there are any problems, we'll try our best to fix them as soon as possible.

15.2. You need the internet to use the Platform, and you'll have to cover the costs for that. We will not be responsible for those costs.

15.3. The Platform might not work with every device or software out there, and sometimes we will need to update it, which might make some parts temporarily unavailable.

15.4. We are not liable for any business losses or other indirect losses you might experience while using the Platform.

15.5. You are responsible for having the proper internet connection and devices to use our Services. If you use wireless devices, you might have to pay extra fees to your mobile network. And while we try to make sure our Services work on most devices, we can not guarantee they will work perfectly on every single one.

We may impose a nominal Platform fee (see Clause 8 of our Payment and Pricing Policy) for accessing and using our Platform. The fee is subject to change at our discretion with the Platform reserving the right to modify existing Services/fees or introduce new Services/fees. In the event of such changes, we may introduce fees for new Services or amend/introduce fees for existing Services. Any modifications to the fees will be communicated through postings on the Platform, and these changes will be effective immediately upon posting. All fees will be quoted in United States Dollars (USD) until otherwise specified by us. Users are solely responsible for ensuring compliance with all applicable laws, including those in Australia, regarding payments.

Please take a moment to review our Privacy Policy which governs not only your visit to the Platform but also details the terms related to the collection of information from you, security measures, access to your data, and the transfer of your information. Rest assured, any personal information or data you share with us while using the Platform is treated with the utmost confidentiality and is strictly handled in accordance with our Privacy Policy, as well as applicable laws and regulations. If you have any objections to the transfer or use of your information, we kindly advise against using the Platform. Your privacy and trust are of utmost importance to us, and we strive to maintain the highest standards of data protection and security.

18.1. Unless both you and ExpertGate expressly agree otherwise in writing, either of us may terminate this Agreement at any time, without explanation, upon written notice to the other. If you properly terminate this Agreement, your right to use the Services is automatically revoked, and your Account will be closed.

18.2. You agree that ExpertGate is not a party to any Contract between Users. Consequently, you understand and acknowledge that termination of your Account does not terminate or otherwise impact any Contract or Project entered into between Users. If you attempt to terminate your Account while having one or more open Contracts, you agree that (a) you thereby instruct ExpertGate to close any open Contracts; (b) you will continue to be bound by these Terms and the other applicable policies until all such Contracts have closed on the Website and your access to the Platform has been terminated; (c) ExpertGate will continue to perform those Services necessary to complete any open transaction between you and another User; and (d) you will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the closure of any open Contracts, whichever is later, to ExpertGate for any Services or such other amounts owed under the Terms (including other Platform policies) and to any Experts for any Expert Services.

18.3. Without limiting ExpertGate’s other rights or remedies, we may revoke or limit access to the Services, deny your registration, or revoke your access to the Platform and refuse to provide any or all Services to you if: (i) you breach any terms and conditions of these Terms or other policies; (ii) we have reasonable reason to believe that you have provided false or misleading information to us; (iii) we conclude that your actions may cause legal liability for you or others, may be contrary to the interests of the Website or the User community, or may involve illicit or illegal activity; or (iv) we are required to by law, legal process, or law enforcement. If your Account is temporarily or permanently closed, you may not use the Platform under the same Account or a different Account or re-register for a new Account without ExpertGate’s prior written consent. If you attempt to use the Platform under a different Account, we reserve the right to reclaim available funds in that Account and/or use an available payment method to pay for any amounts owed by you to the extent permitted by applicable law.

18.4. You acknowledge and agree that the value, reputation, and goodwill of the Platform depend on the transparency of the User’s Account status to all Users, including you and other Users who have entered into Contracts with you. You, therefore, agree that if ExpertGate decides to temporarily or permanently close your Account, ExpertGate has the right (but no obligation) where allowed by law to: (y) notify other Users that have entered into Contracts with you of your closed Account status, and (z) provides those Users with a summary of the reasons for your Account closure. You agree that ExpertGate will have no liability arising from or relating to any notice that it may or may not provide to any User regarding the closed Account status or the reason(s) for the closure.

18.5. Clauses including Indemnity, Disclaimer, and Limitation of Liability shall survive termination of these Terms.

We reserve the right to change, modify, or remove the contents of the Platform and/or Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We cannot guarantee that the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these legal Terms will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.

20.1. THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, AND (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

20.2. You recognise that utilising Services and engaging with third-party services through the Platform involves inherent risks. We cannot ensure specific outcomes from such interactions and usage. Therefore, you assume all associated risks, liabilities, and potential harm that may arise from these interactions. These risks include but are not limited to, misrepresentation of information by third-party services, breaches of warranty or contract, rights violations, and any resulting claims or consequences.

20.3. We do not recommend the use of the Services for hosting personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.

20.4. Pre-Opening Phase and Beta Testing:

During our pre-opening phase, we want to ensure our Users are informed about the unique conditions they may encounter. You acknowledge that:

20.4.1. our Services may experience occasional disruptions or limitations during the pre-opening phase as we work towards full operational readiness;

20.4.2. our Services may encounter technical bugs or issues during this phase. We are committed to promptly addressing and resolving any technical challenges that arise;

20.4.3. certain technical documents related to our Services may still be in development. Please note that documentation may be incomplete or subject to updates as we refine our Services;

20.4.4. users who sign up during the pre-opening phase may be eligible for special discounted rates as a token of our appreciation for their early support;

20.4.5. we encourage Users to share their experiences and provide feedback during this phase. Your insights are invaluable in helping us improve and refine our Services; and

20.4.6. certain Services are currently in BETA and undergoing testing. By using these Services, you acknowledge and agree that they may contain software bugs, experience disruptions, and may not operate as intended or designated. Your use of the Services at this BETA stage signifies your agreement to participate in such BETA testing and contribute to improving our Services.

21.1. We bear no responsibility for any secondary, resultant, or incidental harm that may occur due to the utilisation or inability to utilise the Platform and/or Services. 

21.2. In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Platform and/or Services, even if we have been advised of the possibility of such damages.

21.3. We shall not be liable for:

21.3.1. unsuccessful transactions, delays, or financial losses due to events beyond our control or third-party services;

21.3.2. the Platform not meeting individual requirements, containing defects, or causing damage due to cyber attacks or other breaches beyond our control;

21.3.3. internet transmissions not being entirely private or secure; messages may be read by others; and/or

21.3.4. under various legal theories, we shall not be liable for loss of profits, revenue, goodwill, or any indirect or consequential damages arising from the use of the Platform and/or Services. Users should be aware of potential risks in internet transmissions.

21.4. You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for our Services to you, and such limitations will apply even if we have been advised of the possibility of such liabilities.

21.5. In recognition of the fact that ExpertGate is not a party to any Contract between Users, you hereby release ExpertGate, our affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, employees, and service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User. This release applies to any disputes that exist at the time you enter into the Contract and includes, without limitation, any disputes regarding the performance, functions, and quality of the Expert Services provided to Customers by Experts, as well as requests for refunds based on such disputes. Procedures for handling certain disputes between Users are outlined in Clause 23 (Dispute Resolution and Governing Law) of these Terms.

You are solely and exclusively responsible for your use of the Services:

22.1. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees (each an “Indemnified Party”) for all Indemnified Claims and Indemnified Liabilities, from and against any loss, damage, liability, claim, or demand received or suffered by us, including reasonable solicitors’ fees and expenses, made by any third party due to or arising out of (1) your contributions; (2) your use of the Platform, Services, and/or User Content; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to Intellectual Property Rights; (6) any overt harmful act toward any other user of the Platform with whom you connected via the Platform; (7) any inaccuracies or errors in the results provided by the Platform; (8) any Contract entered into by you or your agents, including, but not limited to, the classification of a Experts as an independent contractor, any employment-related claims; (9) your or your agents’ use of the Services, including any payment obligations or default (described in our Payment and Pricing Policy) incurred through use of the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.

The following constitutes the “Dispute Resolution Policy”:

23.1. You expressly acknowledge and agree that we shall have the right to enforce these Terms against you.

23.2. These Terms shall be construed in accordance with the applicable laws of Sydney, New South Wales, Australia.

23.3. If any dispute or claim arises from or in connection with (i) these Terms, (ii) your access to or use of our Platform and/or Services, the relevant parties shall resolve the dispute through amicable negotiations.

23.4. Dispute Resolution Process:

23.4.1. Initiation of Dispute:

Any User involved in a dispute may initiate the dispute resolution process by submitting a formal dispute request. If the Customer believes that the Expert did not meet the agreed-upon requirements of the Contract they can request a refund.This request must state the reason for the refund request. The Expert will be notified of the refund request via email, notification on their dashboard and on the Platform Messages section. The Expert will need to respond to the refund request, in their dashboard. Experts have an option to either Accept or Dispute the refund request. In the event the Expert clicks on Dispute, the dispute resolution mechanism activates. The Expert shall raise a Ticket through the Platform functionalities. Upon submission, a mediator will be appointed to manage the dispute.

23.4.2. Evidence Submission:

Upon receipt of the dispute request, the mediator will notify all involved parties and set a timeframe for submitting relevant evidence and supporting documentation. This timeframe, typically between 1 to 3 calendar days, will be communicated clearly to all parties involved. In the event, either party fails to submit evidence within the specified timeframe will result in the following actions: (a) the non-compliant party forfeits the right to present additional evidence during the dispute resolution process; (b) the mediator may proceed with the available evidence from the other party and make a decision based on this information; (c) the mediator may rule in favour of the party that adhered to the evidence submission deadline.

23.4.3. Decision:

The mediator will review all submitted evidence thoroughly and may request further information or clarification from the parties as necessary. The decision of the mediator will be based on the evidence provided and an assessment of the merits of each party’s case. The mediator’s decision shall be final and binding on all parties involved in the dispute. All parties must accept the mediator’s decision as the final resolution of the dispute. Any attempts to challenge or undermine the mediator’s decision will be considered a breach of these Terms.

23.5. Users understand and agree that all information exchanged during the dispute resolution process shall be treated as confidential by all the parties involved in the dispute. In exceptional circumstances, such as the discovery of new evidence or a procedural error, the mediator has the discretion to reopen a dispute or reconsider their decision.

24.1. Entire Agreement: This Agreement, along with the other policies, constitutes the sole and exclusive agreement between you and ExpertGate regarding the Services. It supersedes all prior agreements and understandings related to the Services, applicable to actions occurring after the effective date of these Terms.

24.2. Assignment: These Terms along with other policies and any rights or obligations under them may not be transferred or assigned by you unless you comply with the provisions in this Sub-clause. To assign the Terms along with other policies or your Account to a successor after an acquisition of your company or substantially all of your assets, a merger, or another change in the majority ownership of your company, you must provide notice to ExpertGate's Legal Department at: support@expergate.org. Your notice must include: (a) your Account username; (b) your name; (c) your address; (d) your telephone number; (e) your email address; (f) a statement indicating the manner in which your company was acquired; (g) the name and contact information of the acquiring party; and (h) the effective date of such change in ownership. If ExpertGate does not object via email within 5 business days of receiving the notice, then the assignment is permissible, provided that such notice is properly addressed.

24.3. Severability: To the extent that any provision of these Terms is found by any court or competent authority to be invalid, unlawful, or unenforceable in any jurisdiction, that provision shall be deemed not to be a part of these Terms and such finding shall not affect the enforceability of the remainder of these Terms nor shall it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.

24.4. Language and Location: The English language version of the Terms of Service along with other policies will be controlled in all respects and will prevail in case of any inconsistencies with translated versions, if any. The Platform is controlled and operated from our facilities in Australia.

At ExpertGate, our mission is clear: to create a Platform where knowledge and expertise are accessible to all, empowering individuals and organisations to thrive. We believe in bridging gaps and fostering collaboration between academic and industry professionals. Trust is the cornerstone of our operations, and we are committed to transparency in how we manage your information and uphold your privacy rights.

We respect your privacy and care about how your Personal Information is used. This Privacy Policy (the “Policy”) outlines how ExpertGate (“Company” or "us" or "we" or "our") bearing Australian Business Number (ABN) 54 663 441 870 and having its address at 8 Parramatta Square, Level 48/10 Darcy St NSW 2150, Australia and our affiliates collect, use, store, process, transfer, and disclose your information through our Website http://www.expertgate.org (“Website”), our Services, and any of our other websites, mobile or digital applications, or any other services we offer from time to time by or in connection therewith (together “Platform” or “ExpertGate”). By reviewing this Policy, you will gain a comprehensive understanding of your privacy rights and choices. It applies to your interactions with and usage of our Platform, which serves as a bridge between academic and industry experts (“Experts'') across various fields with clients including without limitation, private enterprises, government enterprises, educational institutions, businesses, media outlets, and students (“Customers'') ensuring a seamless experience that prioritises convenience, and customer satisfaction (the “Services''). The Platform enables users to post, publish, offer, search for, and engage with academic and industry expertise and related services. 

Your access to or utilisation of our Platform and/or Services operated by the Company linked to this Policy implies your agreement to be governed by this Policy. By providing us with your Personal Information, you expressly consent to the use and disclosure of your Personal Information as outlined in this Policy. Further, you explicitly agree and acknowledge to read the Privacy Policy in conjunction with other policies governing the usage of our Platform and/or Services, including but not limited to the Terms of Service.

As per the Privacy Act 1988 (Cth), the term “Personal Information” shall mean any Information or an opinion about an identified individual or an individual who is reasonably identifiable: whether the information or opinion is true or not; and whether the information or opinion is recorded in a material form or not. Such information may include data provided by you or collected about you through engagement with our Platform and/or Services. (e.g. device information, IP address).

By utilising the Platform and/or Services or furnishing your Personal Information, you explicitly agree and acknowledge that you accept the terms delineated in this Policy. The terms 'you' or 'your' or user in the context of this Policy collectively pertain to any Customer who accesses or interacts with the Platform, any Expert who accesses or interacts, or any other individual or entity who accesses or interacts with the Platform. 

By visiting the Platform or providing your information, you expressly agree to be bound by this Privacy Policy and to comply with privacy laws in Australia, including but not limited to the Privacy Act 1988 (Cth), the General Data Protection Regulation (GDPR) and other relevant regulations governing data protection and privacy.

IF YOU DO NOT CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION AS SET FORTH IN THIS PRIVACY POLICY, PLEASE REFRAIN FROM ACCESSING AND/OR USING OUR WEBSITE.

1.1. This Policy is inclusive and applies to all users of our Platform and/or Services, irrespective of their browsing intent or the extent of utilising the Services offered on our Platform.

1.2. The applicability of this Policy extends to users regardless of the device type used for accessing our Platform and/or Services, whether it be a laptop/desktop or a mobile/tablet device.

1.3. We do not knowingly collect or solicit Personal Information from anyone under the age of eighteen (18) or knowingly allow such persons to register for and/or utilise the Services. If you are under the age of eighteen (18), please do not attempt to register for the Services or send any information about yourself to us. No one under the age of eighteen (18) may provide any Personal Information to us.

2.1. To utilise the Platform and our Services, you must complete the one-time sign-in process with us by setting up a user account (the “Account”). To create an Account, you must provide accurate, current, and complete information. This may include but is not limited to the following: 

2.1.1. For the Expert:

2.1.1.1. Basic Information: In order to create an Expert profile, you are required to provide basic information such as first name, last name, company name, designation or title, area of expertise, curriculum vitae (CV), and work history/experience. The specific information needed may vary depending on the features/services you use;

2.1.1.2. Contact Information: such as email address and phone number;

2.1.1.3. Transaction Data: including the details of the payment method such as credit card number and bank account information  or financial account information; 

2.1.1.4. Verification Data:  We may collect information relevant to your use of our Platform and Services, such as an email verification link sent at the time of account creation and log-in. Additionally, Experts agree that they will be required to complete KYC (Know Your Customer) verification as mandated by our payment partner Stripe for payments to be released from Platform Secured Account to their connected Account. This verification process involves providing personal identification information to confirm the Expert’s identity, which may include government-issued identification, proof of address, and other relevant documentation. The KYC verification is a crucial step to ensure compliance with financial regulations, prevent fraud, and maintain the security and integrity of transactions on the Platform. Failure to complete the KYC verification may result in delays or inability to receive payments.

2.1.2. For the Customer:

2.1.2.1. Basic Information: You are required to provide basic information such as first name, last name, company/institution name,  designation/title, job title and industry sector. The specific information needed may vary depending on the features/services you use;

2.1.2.2. Contact Information: such as email address and phone number;

2.1.2.3. Verification Data: We may collect information relevant to your use of our Platform and Services, such as a One-Time Password (OTP) sent at the time of account creation, log-in, and/or at the time of making payments. 

2.1.2.4. Verification Data: We may collect information relevant to your use of our Platform and Services, such as an email verification link sent at the time of account creation and log-in.

2.1.2.5. Transaction Data: including the details of the payment method such as credit card number and bank account or financial account  information; 

2.1.2.6. Project and Documentation Details: When you post a Project brief, we'll ask for essential details such as the project category, title, description, and estimated budget. Moreover, you have the option to upload supporting documents or images in formats like PDFs, DOCs, or Excel files to provide comprehensive documentation and clarity for your project.

2.2. Courses/Consultation Session Data: When an Expert creates a course or a session on the Platform, they'll need to provide certain information such as the title, description, schedule, and relevant expertise. Since the sessions or course modules/lectures/modules (as the case may be) are created and scheduled on the Zoom/Microsoft Teams platform, both Experts and Customers understand and agree that they will be subject to the Zoom Privacy Policy/ Microsoft Teams Privacy Policy. Users also acknowledge that Consultants/Instructors may utilise alternate platforms to conduct sessions, and users will be subject to the privacy policies of those respective platforms.  

2.3. Other information: User-generated content, (e.g., community posts, feedback, ratings and job postings), photographs, examples of your work, information on work previously performed via the Service and outside the Service, skills, tests taken, test scores, hourly pay rates and earnings information.

2.4. Sensitive Personal Information / Government Issued Identification Numbers: You may  be required to provide a Social Security Number, Driver’s License, State Identification or Passport Number, VAT Identification Number, Tax Identification Number, Immigration Status, and Citizenship Information.

2.5. Sensory Information: Audio recordings if you call our customer service, video recording (if you provide permission);

2.6. Non-Identifying Information:  We also may collect other information that does not identify you directly, such as zip codes, demographic data, information about your use of the Service, and general project-related data (“Non-Identifying Information”);

2.7. Data from Social Networks: User information from social networking sites, such as  Facebook, and Twitter, including your name, your social network username, location, gender, birth date, email address, profile picture, and public data for contacts, if you connect your Account to such social networks;

2.8. Additional Information: includes without limitation, when you fill in information through our payment partner Stripe or make payments through Stripe, participate in promotions, communicate with the ExpertGate support team and other users, import or manually enter address book contacts, provide your address and/or geolocation or share your experience with us;

2.9. Communication with us: This can include any communication that you send to us, including communications for any inquiries, payments, feedbacks, technical support, etc;

2.10. Device Identification data: This includes information that may assist us in identifying your device, including browser type, and version, your operating system, etc; and

2.11. Other Data: This can include the following, based on your interaction with the Platform and/or Services-

2.11.1. Number of times you access our Platform and/or Services;

2.11.2. The length of time you spent on the Platform;

2.11.3. The period of time from when you became active and have continued to be active on the Platform;

2.11.4. Other similar statistics we may collect with the intention to improve the user experience of the Platform.

2.12. Personal Information collected from Third Parties: In certain specific situations, we will collect Personal Information about you from third parties. The types of Personal Information collected may include:

2.12.1 verification of identity;

2.12.2. verification of nationality and residency status;

2.12.3. criminal history records;

2.12.4. financial information, such as your credit history or information relating to any outstanding liabilities; and

2.12.5. web data tracking information (e.g. heat maps developed through Google Analytics; which track patterns of user interactions with our web pages).

2.13. You agree to provide us with your Personal Information whenever you use our Services by performing any of the following functions:

2.13.1. Accessing our Platform and/or Services by means of any web browser or any device;

2.13.2. Creating an Account and registering for our Services on the Platform;

2.13.3. Inquiring about our Services through our Website;

2.13.4. Initiating and maintaining correspondence with us.

2.14. The Company provides you with the convenience of storing your payment methods on the Platform. By opting for this feature, you consent to the storage of your Personal Information, including your payment method.

2.15. We strive to take extra precautions to ensure that such Personal Information is kept secure and confidential, and we will only retain this data for as long as necessary for the purposes for which we collect it as per the permissible laws of the land.

2.16. By using our Services, you acknowledge that you are bound by the terms and policies of our third-party service providers such as our payment processor Stripe. Adhering to their policies is crucial for safeguarding your data and ensuring compliance with industry standards. We prioritise user privacy and security by relying on trusted third-party service providers, and we encourage users to review and understand the policies of these platforms to protect their interests.

2.17. This Policy will not apply to any unsolicited information provided by you through the Platform or through any other means. This includes but is not limited to, information posted on any public areas of the Website. All such unsolicited information shall be deemed to be non-confidential and we will be free to use and disclose such unsolicited information without limitation.

2.18. We shall not be liable for any loss or damage sustained by you as a result of any disclosure (inadvertent or otherwise) of any Personal Information concerning your payment-related information in the course of any online transactions or payments made for any Services offered through the Platform. For this purpose, we recommend that you go through the terms of services of our payment service provider, Stripe which can be found here http://www.stripe.com .

2.19. Access to your Personal Information is limited to our consultants, employees, agents, partners, and third parties, who we reasonably believe will need that information to enable us to provide Services to you. However, we are not responsible for the confidentiality, security, or distribution of your own Personal Information by our partners and third parties (who have their own privacy policies) outside the scope of our agreement with such partners and third parties.

2.20. When you use our Platform, we collect and store your information which is provided by you from time to time. In general, you can browse the Website without telling us who you are or revealing any Personal Information about yourself. Once you give us your Personal Information, you are not anonymous to us. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service, product, or feature on the Platform. 

3.1. We employ various methods to gather information, ensuring a comprehensive understanding of user interactions and preferences. The collection of Personal Information is facilitated through the following processes:

3.1.1. Information you give us: When you provide us with the information referenced in Clause 2 and through the methods outlined in Clause 2.13;

3.1.2. Session Management: We study session metrics to understand how users interact with the Platform. This helps us learn the average time users spend on the Platform and when they prefer to engage. We use tools like Google Analytics (or alternatives) to collect anonymous data, including the number of views, how long users stay, and where they're visiting from. This data allows us to optimise the user experience, making informed enhancements to cater to user preferences and behaviours;

3.1.3. User analytics: We analyse user behaviour and preferences, by collecting and analysing Personal Information and maintaining usage history within the Platform to track and ensure accuracy, promptly identify any unauthorised use of our Platform, and detect fraudulent activities, allowing us to take immediate corrective action.

3.2. In addition to direct user interactions, we leverage cookies and similar technologies to enhance the functionality and user experience on the Platform. These allow us to collect and process additional information for various purposes:

3.2.1 Cookies: We utilise cookies, which are small text files stored on users' devices. These cookies assist in tracking user preferences, optimising Website functionality, and providing a customised experience. Users have the option to manage cookie preferences outlined through their browser settings. Below are the categories of cookies used on our Website, along with a description of what they are used for:

3.2.1.1 Strictly Necessary Cookies: These cookies are needed to run our Website, to keep it secure if you are logged in, and to obey regulations that apply to us. They also help us keep your details safe and private;

3.2.1.2 Functional Cookies: These cookies are used for remembering things such as your region or country, your preferred language, accessibility options like large font or high-contrast pages; 

3.2.1.3 Performance Cookies: These cookies tell us how you and our other users use our Website. We combine all this data together and study it. This helps us to improve the performance of our Services and/or the Website; and

3.2.1.4 Targeting Cookies: These cookies are used to deliver advertisements that are more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of an advertising campaign. They remember that you have visited a website and this information may be shared with other organisations such as advertisers. This means after you have been to the Website you may see some advertisements about our services elsewhere on the internet.

3.2.2. Web Beacons, Pixel Tags, and Trackers: We may employ web Web Beacons, Pixel tags, and tracking URLs which are tiny graphic images and/or small blocks of code placed on Website pages, ads, or emails that allow us to determine whether you performed a specific action. When you access these pages, or when you open an email, you let us know that you have accessed the web page or opened the email. These tools help us measure responses to our communications and improve our web pages and promotions;

3.2.3. Log Files: Our servers automatically collect information sent by users' devices, known as log files. This data may include IP addresses, device information, browser type, and timestamps. Log files are instrumental in analysing trends, administering the Website, and diagnosing technical issues;

3.2.4. Third-Party Analytics: We may integrate third-party analytics services to further understand user behaviour. These services utilise their own tracking technologies to compile reports on Website activity, aiding us in improving our Services;

3.2.5. Third-Party Plugins: The Platform may use social plugins provided and operated by third parties. As a result of this, you may send to the third party the information that you are viewing on a certain part of the ExpertGate Platform. If you are not logged into your Account with the third party, then the third party may not know your identity. If you are logged in to your Account with the third party, then the third party may be able to link information or actions about your interactions with the ExpertGate Platform to your Account with them. Please refer to the third party’s privacy policies to learn more about its data practices;

3.2.6. Location Data: As part of our Services we may also collect precise geolocation data, including GPS signals, device sensors, Wi-Fi access points, and cell tower IDs. We collect this type of data if you grant us access to your location. You can withdraw your consent at any time by disabling the GPS or other location-tracking functions on your device; and

3.2.7. Information from other sources: We may collect Personal Information from other sources, including but not limited to:

3.2.7.1. If a user or any third party submits a complaint about you, we may receive information relating to the specific complaint made in order to understand and, where relevant, address the complaint; and

3.2.7.2. To the extent permitted by applicable law, we may receive additional information about you, such as references, demographic data, and information to help detect fraud and safety issues from (i) third-party service providers, other third parties, and/or partners, or (ii) users and any other individuals, entities, and authorities, and combine it with information we have about you. For example, we may receive background check results or fraud warnings from identity verification service providers for use in our fraud prevention, security investigation, and risk assessment efforts. We may receive information about you and your activities on and off the ExpertGate Platform, including from users of ExpertGate, members of the public, or governmental, public, or tax authorities, or about your experiences and interactions with our partners.

4.1. We shall collect your information only for lawful and legally permissible purposes which are as follows:

4.1.1. User Authentication: We collect your information to help us identify you as and when you access the Platform, when you register an Account with us or log in, or when you utilise our Services. This includes but is not limited to resetting Account passwords or approving special consideration applications;

4.1.2. Transactions and Payments: To facilitate secure and efficient payment processing, as well as handle transactions related to Services on the Platform. Also, Personal information is utilised to enable or authorise payment services, including detecting and preventing money laundering, fraud, abuse, and security incidents, complying with legal obligations, enforcing payment policies, and improving payment services;

4.1.3. Research and development: We will utilise Personal information to deliver the Services and to develop, test, and enhance the quality and usability of both the Website and Services. Our primary approach will involve de-identifying this information before utilisation, and subsequently integrating it with de-identified browser and device data for these purposes;

4.1.4. Communicate with you: We use your Personal Information to communicate with you concerning Services via different channels (e.g., by phone, text message, e-mail, chat) including fulfilling your requests or  providing you with any news or updates related  to ExpertGate;

4.1.5. Fraud Prevention and Credit Risks: We use Personal Information to prevent security incidents, protect against malicious, deceptive, fraudulent or illegal activity, and prosecute those responsible for that activity.;

4.1.6. Troubleshoot Problems: We use your Personal Information to provide functionality, analyse performance, fix errors, and improve the usability and effectiveness of the Website and/or Services;

4.1.7. Compliance with law: To be able to perform any contractual and legal obligation;

4.1.8. Enhancing User Experience: To analyse user behaviour,  and preferences for improving our Services and enhancing user experience, and to provide location-specific services;

4.1.9. Recommendations and Personalizations: We use your Personal Information to recommend features and Services that might be of interest to you, identify your preferences, and personalise your experience with the Platform and/or Services;

4.1.10. Enhanced Advertising and Marketing Efforts: In our efforts to provide, personalise, measure, and enhance our advertising and marketing endeavours, we engage in several key activities. Firstly, we utilise user information to send promotional and marketing messages, tailoring them to suit individual preferences and interests. Additionally, we strive to customise and optimise advertising on various platforms to ensure relevance and effectiveness. Furthermore, we administer referral programs, rewards, surveys, contests, and other promotional activities to engage users and foster community participation. Through the analysis of user characteristics and preferences, we aim to send targeted promotional messages that resonate with each user segment. Finally, we extend invitations to users for events and relevant opportunities, enriching their overall experience with our Platform; and

4.1.11. Providing alerts/notifications: To effectively communicate with you through emails/SMS/notifications through the Website to inform you about any other new Services that we may from time to time develop.

4.2. In the course of operating the ExpertGate Platform and/or Services, we collect and utilise Personal Information in accordance with our Privacy Policy. 

4.3. You consent and recognise that your Personal Information may be disclosed on our Platform authorised by you for the purpose of utilising our Services. Additionally, you agree and acknowledge that we are permitted to communicate with you through messaging, calls, emails, or other means, to facilitate the performance of our Services wherever necessary.

5.1. To facilitate our Services and enhance user experience, we may share Personal Information with the following entities:

5.1.1. Payment Partners: We may share your Personal Information with our trusted financial or payment gateway partner Stripe in the event of a transaction dispute or chargeback, as necessary for resolution;

5.1.2. Third-party Service Providers: We engage the services of third parties to carry out various functions on our behalf such as payment processing, data analysis, postal and email communications, hosting services, customer service, marketing, and assistance. While these third-party service providers have access to the necessary Personal Information to fulfil their functions, they are prohibited from using it for any other purposes. Moreover, they are obligated to process the Personal Information in compliance with applicable laws. Further, we do not own or control these third parties. When you interact with these third parties and choose to use their service, you are providing your information to them. Your use of these services is subject to the privacy policies of those providers including Stripe's Privacy Policy;

5.1.3. Generative AI Partners: To enhance certain features of our Service, we integrate with trusted generative AI service providers. We may share the information you provide while using these features with these providers, along with any additional necessary information. When using your information to power these features, we ensure appropriate data treatments, such as removing Personal Information and using only public data. If a feature involving a generative AI service provider requires identifying information, you can choose not to use that feature or opt out of generative AI features entirely. Our Service includes a two-sided marketplace, meaning platform information pertains to both parties involved in an interaction. For example, a Customer’s review relates to an Expert, a Customer’s project post forms part of an Expert's work history, and Customer spending is part of an Expert's earnings history. Therefore, if a Customer or Expert uses our generative AI features, the platform information associated with their Account, including the information described above, may be used to power those features, with limitations based on the other party’s choices.

5.1.4. Cloud Technology Service Providers: We may disclose Personal Information to third parties located overseas, particularly our cloud technology service providers operating from various global locations. These disclosures are made only after taking all reasonable steps to ensure that the information will be treated at least as required under the Australian Privacy Act, other applicable privacy laws, and our own data security principles;

5.1.5. Affiliates: We may share your information with our affiliates, in which case we will require those affiliates to honour this Privacy Policy. Affiliates may include our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us;

5.1.6. Business Transfers: If we reorganise or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity.  If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party.  You acknowledge that such transfers may occur and that the transferee may decline to honour commitments we made in this Privacy Policy.

5.1.7. Legal Compliance: 

5.1.7.1. We may disclose your information to courts, law enforcement, governmental or public authorities, tax authorities, authorised third parties, or other users, if and to the extent we are required or permitted to do so by law or where disclosure is reasonably necessary to: (i) comply with our legal obligations, (ii) comply with a valid legal request, such as a subpoena or court order, or to respond to claims asserted against ExpertGate, (iii) respond to a valid legal request relating to a criminal investigation to address alleged or suspected illegal activity, or to respond to or address any other activity that may expose us, you, or any other of our users to legal or regulatory liability, (iv) enforce and administer our agreements with users, including our Terms of Service, additional legal terms, and policies, (v) respond to requests for or in connection with current or prospective legal claims or legal proceedings concerning ExpertGate and/or third parties, in accordance with applicable law, or (vi) protect the rights, property or personal safety of ExpertGate, its employees, its user, or users of the public;

5.1.7.2. Where legally required or permissible according to applicable law, we may disclose user information to relevant tax authorities or other governmental agencies, depending on where you are based, for the purpose of the tax authorities’ determination of proper compliance with relevant tax obligations;

5.1.7.3. Where appropriate and/or legally required, we may notify the user about legal requests, unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon or harm to ExpertGate, our users, or expose ExpertGate to a claim of obstruction of justice.

5.1.8 Service Improvement: We may share certain aggregated, anonymised information with third parties (for example, for Google Analytics) in order to assess the Platform usage and information pertaining to the ease of navigation;

5.1.9. Advertisements: We use third-party advertising companies to serve ads when you visit our Website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to the Website and other websites in order to provide personalised advertisements about goods and services of interest to you;

5.1.10. Collaborations: We may share your Personal Information with reputable partners to facilitate joint initiatives, promotions, or integrated services; and

5.1.11. Growth and Expansion: As our Platform evolves and expands, there may be instances where sharing Personal Information with new entities or parties becomes necessary for the enhancement of our Services. Any such sharing will be carried out with the utmost consideration for user privacy and in accordance with relevant legal frameworks.

5.2. We do not ever sell or rent your Personal Information without your express approval. 

5.3. We may also de-identify or aggregate information and convert it into non-personal information so that it can no longer reasonably be used to identify you (“De-Identified Information”). We may use De-Identified Information for any of the purposes described in Clause 4 and Clause 5 of this Policy. We will maintain and use De-Identified Information in de-identified form and will not attempt to re-identify the information, except to confirm our de-identification processes or unless required by law.

5.4. We may share aggregated Non-Identifying Information and we may otherwise disclose Non-Identifying Information or De-Identified Information to third parties.

5.5. We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.

In compliance with applicable laws, we retain your Personal Information for a duration no longer than necessary for the purpose for which it was collected or as mandated by relevant laws. However, certain data may be retained beyond this period if deemed necessary to prevent fraud, mitigate abuse, exercise legal rights, defend against claims, or comply with legal obligations, including law enforcement, employment, tax record-keeping, or other regulatory requirements such as those stipulated under the NSW State Records Act 1998. It takes up to 30 days to delete Personal Information from our systems following a valid request for deletion. However, we may continue to retain your Personal Information for the following purposes, including but not limited to:

6.1. Legitimate Business Interest: We may retain your Personal Information as necessary for our legitimate business interests, such as the prevention of money laundering, fraud detection and prevention, and enhancing safety;

6.2. Legal, Tax, Reporting, and Auditing Obligations: We may retain and use your Personal Information to the extent necessary to comply with our legal, tax, reporting, and auditing obligations;

6.3. Shared Information: Information you have shared with others, such as reviews and forum postings, may continue to be publicly visible on ExpertGate, even after your ExpertGate account is cancelled; and

6.4. Residual Copies: Because we take measures to protect data from accidental or malicious loss and destruction, residual copies of your Personal Information (either in the form of De-Identified Information, Non-Identifying Information, or identified information) may not be removed from our backup systems for a limited period of time. However, users understand and agree that sometimes it will be impractical for user information to be de-identified or treated in this way, and in this case, ExpertGate will continue to use and hold the information in a personally identifiable state. For example, if we need to reply to a user enquiry, we will have to use the contact information provided.

7.1. We prioritise the security of your data, utilising secure cloud servers, where your Personal Information is encrypted at rest, adding an extra layer of protection against unauthorised access. We implement reasonable physical, electronic, and procedural safeguards to ensure the confidentiality and integrity of your information. When information is collected or used by us and stored on third-party service providers (e.g., AWS cloud servers), we take reasonable steps to ensure these third parties use industry-standard security measures that meet the level of information security we owe our users.

7.2. While we take comprehensive measures to safeguard your information, users acknowledge and accept the inherent security implications of data transmission over the Internet and the World Wide Web. Despite our efforts, complete security cannot be guaranteed, and inherent risks persist. Users bear the responsibility of safeguarding login and password records for their Accounts. We remain committed to continually enhancing our security protocols to address emerging threats and maintain the trust of our users.

7.3. ExpertGate may update or modify such security measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Service. ExpertGate will:

7.3.1. Conduct information security risk assessments at least annually and whenever there is a material change in the organisation’s business or technology practices that may impact the privacy, confidentiality, security, integrity or availability of Personal Information. Regularly and periodically train personnel who have access to Personal Information or relevant ExpertGate’s systems.

7.3.2. Maintain secure user authentication protocols, secure access control methods, and firewall protection for ExpertGate’s systems that process Personal Information.

7.3.3. Maintain policies and procedures to detect, monitor, document and respond to actual or reasonably suspected Information security incidents.

7.3.4. Implement and maintain tools that detect, prevent, remove and remedy malicious code designed to perform an unauthorised function on or permit unauthorised access to ExpertGate’s systems.

7.3.5. Implement and maintain up-to-date firewalls.

7.3.6. Implement and use cryptographic modules to protect Personal Information in transit and, when commercially reasonable, at rest.

7.3.7. Maintain reasonable restrictions on physical access to Personal Information and relevant ExpertGate systems.

8.1. In the event of a data breach or security incident, ExpertGate maintains a proactive approach to ensure swift resolution and mitigate potential risks. We have established a comprehensive incident response plan designed to address such occurrences promptly and effectively:

8.1.1. Identification: We promptly identify and acknowledge any signs of a data breach or security incident within our systems or infrastructure;

8.1.2. Containment: Immediate action is taken to contain the impact of the breach, preventing further unauthorised access or damage to data;

8.1.3. Notification: We prioritise transparency by promptly notifying affected parties, including users and relevant stakeholders, about the breach and its potential impact on their data;

8.1.4. Collaboration: ExpertGate collaborates with relevant authorities, such as regulatory bodies and law enforcement agencies, to report the incident and comply with any legal obligations or regulatory requirements; and

8.1.5. Post-Incident Assessment: Following the resolution of the incident, we conduct thorough assessments to evaluate the effectiveness of our response measures and identify areas for improvement.

9.1. User Security Responsibilities: Users agree that without prejudice to ExpertGate’s obligations:

9.1.1. Under Section 7 (ExpertGate’s security measures, controls and assistance) users are solely responsible for their use of the Service, including: 

9.1.1.1. making appropriate use of the Service to ensure a level of security appropriate to the risk in respect of the Personal Information;

9.1.1.2. securing the account authentication credentials, systems and devices the user uses to access the Service;

9.1.1.3. backing up its Personal Information; and

9.1.1.4. ExpertGate has no obligation to protect that Personal Information; it elects to store or transfer outside of the Service.

9.2. Customer’s Security Assessment: User is solely responsible for reviewing ExpertGate’s security processes and evaluating for itself.

10.1. While our primary practice is to store all data on servers located within Australia, it's important to note that certain circumstances may necessitate the transfer of your Personal Information to countries outside your residential country. These transfers may occur for various purposes outlined in this Policy.

10.2. You understand and accept that other countries may have differing (and potentially less stringent) laws relating to the degree of confidentiality afforded to the information it holds and that such information can become subject to the laws and disclosure requirements of such countries, including disclosure to governmental bodies, regulatory agencies, and private persons, as a result of applicable governmental or regulatory inquiry, court order or other similar processes. In addition, a number of countries have agreements with other countries providing for the exchange of information for law enforcement, tax, and other purposes.

10.3. If we transfer your Personal Information to third parties for purposes stated in this Policy, we will use our best endeavours to put in place appropriate controls and safeguards to ensure that your Personal Information is kept accurate, adequately protected, and processed only for specified and reasonable purposes in a manner that is fair, transparent and has a lawful basis, and is stored for no longer than is absolutely necessary.

11.1. We will act as the data controller where we make decisions on how your Personal Information is used in connection with the Platform or our Services. We will act as the data processor where we only use your Personal Information as authorised and instructed by a third party in connection with the website, or our applications or services.

11.2. Where we are acting as the data controller, we are responsible for the obligations of a data controller under data protection laws in connection with the processing of your Personal Information and we use this Privacy Policy to provide you with information about our use of your Personal Information.

11.3. Where we are acting as a data processor, the relevant third party will be acting as a data controller and will be responsible for the obligations of a data controller under data protection laws in connection with the processing of your Personal Information. If you are accessing the Platform, or our Services through a third party, you should contact them with queries regarding the processing of your Personal Information or compliance with data protection law.

12.1. You, as a data subject, may have certain rights to your Personal Information with us, as under:

12.1.1. Information Quality and Your Rights of Access and Correction

12.1.1.1. Quality and correction of Personal Information: We take reasonable steps to ensure that the Personal Information we collect, use, and disclose is accurate, complete, up-to-date, and relevant. You can help us by informing us of any changes to your Personal Information, such as your address and phone number. If you believe that any information we hold about you is inaccurate, please contact us. We will take reasonable steps to correct your information. However, if we are unable to correct your personal information, we will provide you with a written explanation as to why.

12.1.1.2. Right to Access: You have the right to access any of the Personal Information we hold about you at any time. For security purposes, when you request access to your Personal Information, you will need to provide us with enough information to verify your identity. We will generally provide you with access to your personal information, subject to some exceptions permitted by law. If we are unable to provide you with all or any of the information we hold about you, we will inform you why your request has been denied or limited.

12.1.2. In order to review any request in line with your rights, it may be necessary to verify the identity of the person exercising their rights. Should you wish to exercise any of these rights, please contact: support@expertgate.org. 

12.1.2. User’s Rights outside Australia: 

12.1.3.1. If you are a citizen of the European Union, you have additional rights listed in Schedule I. Please refer to Schedule I below for more detailed information on your rights.

12.1.3.2. If you are residing in the United States including states such as  California, Colorado, Connecticut, Delaware, Florida, Iowa, Montana, Nevada, Oregon, Texas, Utah, Vermont, Virginia, or Washington, or are otherwise protected by privacy or consumer health data laws in those jurisdictions, please refer to Schedule - II  that outlines state-specific rights and protections afforded to you.

12.1.3.3. If you are residing in the UK or Switzerland, you have rights listed in Schedule III. Please refer to Schedule III below for more detailed information on your rights.

12.1.4. Please note that these Schedules are supplemental to our Privacy Policy.

13.1. This Platform and/or Services are strictly prohibited for use by individuals under the age of eighteen (18) years old ("Minors"). Accessing or using the Platform and/or Services by Minors constitutes a violation of our Terms of Service and Privacy Policy.

13.2. We do not knowingly solicit, collect, or process any Personal Information from Minors. We implement commercially reasonable age verification measures and data protection practices to prevent such unauthorised collection and usage.

13.3. If you are a parent or legal guardian ("Guardian") and believe your child has provided us with Personal Information, we urge you to promptly contact us at support@expertgate.org. Upon verification of your Guardian status, we will promptly take all necessary steps to remove and delete such information from our records.

User satisfaction is one of the key focus areas and an integral part of our Platform’s founding principles and business policies. We strongly believe that user satisfaction is the most important factor in the growth and development of our business and hence, we have adopted user-centricity as a priority in developing our business processes. The terms below shall constitute our “User Grievance Redressal Policy” which outlines the framework for addressing user grievances:

14.1. Objective: The objective of this Grievance Policy is to provide a framework:

14.1.1. to ensure the provision of timely and effective resolution of issues raised by users; and 

14.1.2. to keep users informed about the manner in which they can reach out to us to resolve their queries and grievances.

14.2. Governing Principles: The policy on grievance redressal is governed by the following principles:

14.2.1. User shall be treated fairly at all times;

14.2.2. Issues raised by users are always attended to with courtesy and on time;

14.2.13. Users are provided with effective and satisfactory resolution within a reasonable time period; and 

14.2.4. Users are fully informed of avenues to escalate their issues/ grievances if they are not fully satisfied with the response to their complaints.

14.3. User Support: Any user can reach out to our Privacy Officer for any and all privacy-related matters and to assist in ensuring our compliance with our privacy obligations. This can be done through electronic mode by way of email communication at support@expertgate.org or by phone at [+61 411 105 535] and the Privacy Offer will respond to your query or complaint as quickly as possible. 

14.4. We will contact you if we require any additional information from you and will notify you in writing (which includes electronic communication via email) of the relevant determination. If you are not satisfied with the determination you can discuss your concerns or complain to the Australian Privacy Commissioner via  http://www.oaic.gov.au .

14.5. Must Know: You must know and understand that:

14.5.1. We DO NOT solicit confidential details like your OTP/CVV/PIN/Card Number/ Bank account details through any means. We never call users/customers with offers, discounts on Services, and offering free gifts.

14.5.2. Scamsters/fraudsters attempt various techniques such as ‘phishing’, to contact, influence, and defraud users . We regularly caution our users against sharing any personal or payment-sensitive information with unknown persons as such sharing leads to unauthorised use and/or fraud and consequent financial loss.

14.5.3. We shall not be liable for any loss, damage, or expense incurred by a user where the user has shared personal and/or payment-sensitive information with scamsters/fraudsters.

14.5.4. Additionally, we also request and encourage our users to report such attempts or incidents to us at support@expertgate.org to enable us to investigate and explore legal recourse.

14.5.5. We rely on payment partners and banks. In certain cases involving payment/refund issues, we might see a delay as that is beyond our control once we pass the investigation to them; however, we try our best not to exceed reasonable timelines.

This Policy may be updated at our sole discretion or due to changes in the law. Such changes, unless otherwise stated, will be effective from the day and date of posting on the Website. We reserve the right to update the Policy without obligation to notify users. It is recommended to regularly review this Policy for any changes, as your continued access and use of the Website and/or Services will be considered your approval and acceptance of all modifications to this Policy. In cases where applicable law mandates, we may notify you of updates through email. If you do not agree with this Policy governing our Website and/or Services, please refrain from using the Website and/or Services provided by us.

Should you need additional information or have any questions or complaints regarding the handling of your Personal Information, please reach out to us in writing at:

Email: support@expertgate.org

Schedule I-  European Union Residents

ExpertGate is committed to ensuring its compliance with the European Union General Data Protection Regulation (‘GDPR’).

Although our Privacy Policy explains how ExpertGate meets all of its obligations for Australian users, ExpertGate also has some users who are habitually located in the European Union (‘EU Residents’) that have additional rights with respect to their Personal Data.

Personal Data is defined as: “Any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier”. This should be considered fundamentally interchangeable with the Australian expression “Personal Information” for the purposes of this Privacy Policy.

Under the GDPR, ExpertGate is primarily a “controller” of Personal Data, as opposed to being a “processor”. As part of its GDPR compliance, ExpertGate provides the Services in a way that ensures: Personal Data (i.e. Personal Information) is processed fairly, lawfully, and in a transparent manner; and collected and processed only for specified and lawful purposes.

We ensure that the Personal Information we collect about you is accurate, complete, and used for its intended purpose. You may access, review, correct, and update your Information or close your account by contacting us by email at the contact details below.

EUROPEAN UNION RESIDENTS

In certain circumstances, you have certain rights regarding your Personal Information. A summary of each right and how you can exercise it is detailed below. To exercise any of these rights, please contact us at support@expertgate.org. Such requests should include information to allow us to verify your identity (e.g. your name, address, email address or other information reasonably required).

Where we receive your request to exercise one of these rights, we will respond without undue delay and within the time required by applicable law. This may be extended in certain circumstances, e.g. where requests are complex or numerous.

We will provide the information free of charge, except where requests are manifestly unfounded or excessive, e.g. because of their repetitive character. In these circumstances, we may charge a reasonable fee or may refuse to act on the request. We will advise you of any fees prior to proceeding with a request. We may ask for additional information to verify your identity before carrying out a request.

HOW CAN YOU EXERCISE RIGHT?

Right to access and/or correct your Personal Information

You have the right to access the Personal Information we hold about you, and to be provided with a copy of the information (in most circumstances). You also have the right to correct any information we may hold about you that is inaccurate.

Right to restrict the use of your Personal Information

You have the right to ask us to restrict the processing of your Personal Information where one of the following applies:

The processing is unlawful, but you want us to restrict the use of the data instead of deleting it;

Where you contest the accuracy of your Personal Information, the restriction will apply until we have verified the accuracy or corrected your Personal Information;

We no longer require the Personal Information for the purposes of the processing, but are required to keep it in connection with a legal claim;

You have exercised your right to object to the processing. The restriction will apply until we have taken steps to verify whether we have compelling legitimate grounds to continue processing.

Right to withdraw consent and request deletion of your Personal Information.

You have the right to ask us to delete your Personal Information in most circumstances. There are also certain exceptions where we may refuse a request for erasure, for example, where the Personal Information is required to comply with a legal obligation or for the establishment, exercise, or defence of legal claims.

You may object to our use of your Personal Information for marketing purposes. Users can opt out of this through the functionality provided in each marketing communication (e.g. by clicking “unsubscribe” at the bottom of an email).

Further, You may also object to the processing of your Personal Information in cases where we have used legitimate interests as the basis for processing. In such cases, we will stop processing your Personal Information until we verify that we have compelling legitimate grounds for processing that outweigh your interests, rights, and freedoms in asking us to stop processing the data, or in limited cases where we need to continue processing the data for the establishment, exercise, or defence of legal claims.

Right to data portability

In most cases, you have the right to receive all Personal Information you have provided to us in a structured, commonly used, and machine-readable format and to transmit this data to another data controller, where technically feasible.

Right to lodge a complaint with a supervisory authority

If you wish to raise a complaint in relation to how we processed your Personal Information, please contact us at support@expertgate.org We take your privacy and data protection very seriously in ExpertGate and we endeavour to address your complaint as expediently and as thoroughly as we can in order to find a satisfactory resolution for you.

Schedule II-  United States Residents

If you reside in California, Colorado, Connecticut, Delaware, Florida, Iowa, Montana, Nevada, Oregon, Texas, Utah, Vermont, Virginia, or Washington, or are otherwise protected by privacy or consumer health data laws in those jurisdictions, this section supplements our main Privacy Policy and outlines specific rights and protections afforded to you.

Your Privacy Rights:

Right to access: You can access the information that has been retained by us by visiting your profile section on the Platform, which would display information supplied by you to us. The information that you shall find in that section would be your Personal Information such as your name, email, contact details, age, etc;

Right to withdraw consent: The consent that you provide for the collection, use, and disclosure of your Personal Information will remain valid until such time it is withdrawn by you in writing. If you withdraw your consent, we will stop processing the relevant Personal Information except to the extent that we have other grounds for processing such Personal Information under applicable laws. We will respond to your request within a reasonable timeframe. You may withdraw your consent at any time by contacting us; and

Right to Opt-Out: You have the right to opt out of certain processing activities, such as the sale of Personal Information or the use of Personal Information for targeted advertising purposes. ExpertGate will respect your preferences and refrain from such activities upon your request.

Right to correction: You are responsible for maintaining the accuracy of the information you submit to us, including but not limited to your contact information provided as part of Account registration. If you wish to make a request to correct or update any of the Personal Information that we hold about you, you may update your information through a convenient automated data deletion form which is available within your user dashboard. For any necessary updates or corrections to your Personal Information, users can easily modify details using the provided dashboard functionalities.

Right of Access and Portability: In some jurisdictions, applicable law may entitle you to request certain copies of your Personal Information or information about how we handle your Personal Information, request copies of Personal Information that you have provided to us in a structured, commonly used, and machine-readable format, and/or request that we transmit this information to another service provider, where technically feasible.

Right of Erasure: In some jurisdictions, you can request that your Personal Information be deleted.

Appeals Process:

If you disagree with ExpertGate's response to your privacy rights request or believe your rights have not been adequately addressed, you have the right to appeal. You can submit your appeal in writing to our Data Protection Officer at support@expertgate.org with the subject line "Appeal of Privacy Rights Request."

Data Retention and De-Identification:

ExpertGate is committed to retaining Personal Information only for as long as necessary to fulfil the purposes for which it was collected, as outlined in our main Privacy Policy (see Clause 6). We will also take measures to de-identify personal information in accordance with applicable laws and regulations.

Additional Information:

For more detailed information on how ExpertGate handles your Personal Information, including our data collection practices, security measures, and third-party disclosures, please refer to our main Privacy Policy available.

Schedule -III United Kingdom (UK) or Switzerland Residents

You have a number of rights under applicable data protection laws in relation to your Personal Information. Under certain circumstances, you have the right to:

Have access to your Personal Information by submitting a request to us;

Have your Personal Information deleted;

Have your Personal Information corrected if it is wrong;

Have the processing of your Personal Information restricted;

Object to further processing of yourPersonal Information, including to object to marketing from us;

Make a data portability request;

Withdraw any consent you have provided to us;

Restrict any automatic processing of yourPersonal Information; and

Complaint to the appropriate Supervisory Authority.

To exercise any of these rights, please contact us support@expertgate.org.

ExpertGate will allow and assist users that are EU Residents/US Residents/UKResidents/Swiss Residents to exercise these rights unless we have compelling and legitimate legal grounds not to (e.g. a legal obligation under Australian legislation, or if the Personal Information has been fully anonymised).

This Course Policy (the “Policy”) governs the participation in and provision of courses (“Courses”) offered on our website http://www.expertgate.org (the “Platform”). By registering for or offering these Courses, Users agree to comply with the terms and conditions outlined herein. Please note that capitalised terms not defined in this Policy are defined in the Terms of Service. 

The purpose of this Policy is to provide guidelines and procedures for Experts offering Courses on the Platform. This Policy applies to all registered and verified Experts on the Platform who intend to offer Courses. It governs the creation, posting, and management of these Courses, ensuring they are delivered efficiently and effectively to Customers.

About Courses:

Courses are Expert-led sessions designed to provide professional advice and skill enhancement in diverse areas, including but not limited to Agriculture, Healthcare, Education, Manufacturing, Environmental, Energy, Mining and Business. These Courses are conducted by Academic and Industry Experts with extensive knowledge and experience in their respective fields.

It is important to note that only verified Experts are eligible to offer Courses on our Platform. Unverified Experts cannot create or co-instruct Courses. The Expert who creates the Course is referred to as the Organising Instructor. The other Experts who are instructors in the Course are referred to as Co-instructors. There is no limit to the number of Courses an Expert can create or co-Instruct. Experts are encouraged to offer as many Courses as they wish, provided each meets the Platform’s standards and guidelines. 

You understand and agree that the Platform reserves the right to take appropriate action, including but not limited to removal, suspension, or termination of Courses or Expert accounts, in cases where Courses are found to be in violation of Platform policies or detrimental to the Platform's reputation or interests. Expert users are expected to comply with all Platform guidelines and policies to maintain their privileges and access to Platform resources.

The Platform provides a hub for Experts to offer Courses and for Customers to enrol in these Courses. However, the Platform assumes no liability for the content or quality of Courses created and managed by Expert users. Expert users are solely responsible for the accuracy, legality, and compliance of their Courses with applicable laws, regulations, and industry standards. The Platform disclaims any warranties or guarantees regarding the performance, efficacy, or outcomes of Courses offered on the Platform. The views and opinions expressed in the Courses are those of the individual Experts and do not necessarily reflect the views of the Platform.

Please carefully review this Policy before proceeding. By accepting the terms outlined herein, you also accept and agree to be bound by our other Platform policies (including but not limited to the Terms of Service and Privacy Policy) as amended from time to time. If you do not agree with anything provided herein, please do not use or access our Platform and/or Services.

1.1. To set up a Course, the Organising Instructor must log into their user profile (“Dashboard”) and navigate to the Courses page via the “My Services” section. By clicking on the "Post Course" button, they begin the process of entering all necessary Course information. This includes specifying the course category, title, fee, maximum participants, Co-Instructors (if any), and partner organisations. Additionally, the Organising Instructor must provide details regarding the mode of delivery (online or face-to-face), platform ID/email, location, date, and time. The class schedule time(s)  must be set at least 10 calendar days ahead of the date the course is created. The final step involves entering the course overview, outcomes, structure, and recommended resources. If there are no Co-instructors added for the Course, upon reviewing and confirming all information, the Organising Instructor can post the Course. This will appear on their Dashboard with a confirmation message. It will be available on the Platform for Customer registration. If Co-instructors were invited for the Course, the Organising Instructor requires the Co-instructors to either accept or decline the invitation within 12 hours. Once the Organising Instructor receives the responses from the Co-instructors or 12 hours passes, the Organising Instructor can post the Course for Customer registration.

1.2. The Organising Instructor may edit the particulars of their unpublished Courses, located in ‘My Courses’ of their Dashboard. The Organising Instructor can edit and modify the details as required, ensuring accuracy and relevance to the Course's objectives and guidelines. Any updates made by the Organising Instructor to the Course will be sent as a notification to the Co-instructors (if any). Published Courses cannot be edited.

2.1. Invitation to the Co-Instructor: 

The Organising Instructor will have the option to add Co-Instructors when creating a Course as discussed in clause  1.2 of this Policy. Alternatively, the Organising Instructor can navigate to ‘My Courses’  and edit their unpublished Courses. Within the "Course Instructors" section, options for adding or removing co-instructors are available. The Organising Instructor can then search for Co-Instructors from the ExpertGate database. Upon selection, the organising Instructor specifies the Co-Instructor ownership percentage. As the organising instructor by default they are assigned 100% ownership of the earnings. Their earnings % will reduce as they add ‘Co-instructors’. However, as a minimum, the Organising Instructor is required to hold a minimum 20% ownership, with the possibility of 80% share being distributable to Co-instructors. Once the Organising Instructor adds all the Co-instructors they would like to include in the Course, they will be prompted to send the Co-instructor Invitations. 

2.2. Co-Instructor accepting the Invitation: 

Upon receiving a notification on the Dashboard and via email, the invited co-instructor can review all Course details, including schedule and ownership percentage. If interested, the co-instructor can accept the invitation, thereby confirming acceptance. Once accepted, the co-instructor status transitions to "Accepted" on the Platform, and payment benefits are determined based on the ownership percentage allocated. This will result in the Course being visible in the Course section of the Co-instructor’s dashboard and update the status to ‘Accepted’ on the Organising Instructor’s dashboard.

2.3. Co-Instructor declining the invitation: 

Upon receiving a notification on the Dashboard and via email, the invited co-instructor can review all Course details, including schedule and ownership percentage. If the Expert is not interested, they can decline the invitation, thereby declining the offer to join as a Co-Instructor. They will be prompted to state the reason for declining the invitation. The maximum number of Experts permitted to be added as Co-instructors remains unchanged until an invitation is declined. Subsequent adjustments to the maximum number of Experts are contingent upon invitation responses. Upon declining an invitation, the Platform automatically revises the maximum number of Experts allowed, enabling the organising Instructor to extend further invitations if necessary. For instance, if a Course’s Organising instructor has invited 4 Experts to join as Co-instructors, the system will show the quota is filled as the maximum number of Co-instructors has already been sent invitations. Upon the decline from any Co-instructor, the system will allow the Organising Instructor to invite another Co-instructor. Until any declined offer is countered, the system will not allow to invite other Co-instructors. The system sends a notification to the Organising Instructor informing them of the Expert's decision to decline the Co-instructor invitation and includes the reason provided by the Expert. The system updates the status of the Expert's participation in the Course session to "Declined" in the Organising Instructor’s dashboard.

2.4. Co-Instructor does not respond to the invitation: 

The Organising Instructor requires the Experts to either accept or decline the Co-Instructor invitation within 12 hours. If the Organising Instructor does not receive a response from the Co-instructor invitation(s) and 12 hours have passed, the Organising Instructor’s maximum number of Experts permitted to be added as Co-instructors will change. The Organising Instructor can either send Co-instructor invitations to other Experts from the ExpertGate database or they can choose to proceed with the Course as is, and can post the Course for Customer registration.

3.1. Repost or Reopen the Course:

The Organising Instructor can reopen or re-post a completed Course.  To initiate the reopening or re-posting process, the Expert should visit the Contracts section in the Dashboard. From here, selecting the Courses, the Expert can view the completed Courses. Upon reviewing the details of a completed Course they intend to repost, the Organising Instructor will have the option to repost the Course. This action will initiate the creation of a new Course, pre-filling information from the re-opened Course, and streamlining the process for the Organising Instructor.

4.1. Finding a Suitable Course: 

Customers can identify suitable Courses to register for, by utilising the Platform's search filters, which allow searches to be narrowed down by specific fields such as Agriculture, Healthcare, Education, Manufacturing, Environmental, Energy, Mining and Business. Furthermore, Customers can specify their preferences for the availability mode of the Course, and the location and time of the Course. For more precise results, Customers can use the search bar to search with keywords to find Courses that meet their specific requirements. This ensures that Customers can efficiently find Courses that match their needs and preferences.

4.2. Registration: 

To register for a Course, you, the Customer, must log into your account, and select the desired Course from the Courses page or your dashboard landing page. You will be prompted to complete the registration by entering your billing information and confirming payment. Once the registration is successfully completed, it will create a Contract, formalising the agreement between you and the Instructors. The Contract will be displayed on your and the Instructors’ dashboards. The Contract, includes Course details with meeting link which you and the Instructors can access for the scheduled Course. This confirmation will be notified to you and Instructors through email, on the dashboard and Messaging. 

4.3. Course Fees: 

The fee for each Course is clearly displayed during the registration process and may vary depending on the Course category and theme. In order to secure a Course, Customers are required to deposit the Course fee into the Platform Secured Account at the point of registering for the Course in accordance with the Payment and Pricing Policy. 

4.4. Completing the Course: 

After the Course is completed, the Organising Instructor requests the funds to be released. This will result in a notification to the Customer to either 'accept' or 'dispute' the release of funds. The funds deposited in the Platform Secured Account will be released to the Instructors, following the terms outlined in Clause 4.1.1 of the Payment and Pricing Policy. This process ensures that both parties are protected and that the payment is only made once the service has been rendered satisfactorily. Please note that the Customers will not be charged any additional fees beyond the Course cost unless otherwise specified during the registration process. 

5.1. Cancellation by Instructor: 

The Platform recognises the need for flexibility in Course management and allows Instructors to cancel Courses under certain circumstances. An Expert may cancel up to five Courses per month, citing reasons such as low enrollment, technical issues, unavailability, or unforeseen events etc. However, once this limit is reached, the Expert's profile will undergo temporary suspension for 30 calendar days.. During this period, the Expert’s ability to organise or co-instruct Courses will be disabled.  It is important to note that only the Organising Instructor holds the authority to cancel a Course. In the event of cancellation, Customers who have registered for the affected Course will be promptly refunded in accordance with the Platform's Payment and Pricing Policy.

5.2. Cancellation by Customer: 

Customers also have the option to cancel their participation in a Course, subject to certain conditions. The cancellation window remains open until 72 hours before the scheduled start of the Course. Upon initiating cancellation, Customers are required to provide a reason for their decision, selecting from a predefined list of options. A brief explanation may also be provided to further clarify the rationale behind the cancellation. Once the cancellation process is completed, refunds will be processed in adherence to the Platform's Payment and Pricing Policy.

When Customers and Instructors log into their user profiles, they will receive reminder notifications through the Platform's messaging system and their registered emails. As the status of Course enrollment changes, users will be informed of the different stages through notifications. 

6.1. Registration and Enrolment:

Customers will receive a notification confirming their registration for a Course, including details such as date, time, location, and any additional instructions or preparations needed. Instructors will receive notifications when a Customer registers for a Course, including participant details and Course information to facilitate preparation and planning.

6.2. Pre-Course Reminders:

Customers will receive reminder notification at least 24 hours before their Course commencement, detailing the date, time, location, and any preparatory requirements. Instructors will receive reminder notification about their upcoming Courses, including participant lists, Course details, and any specific preparation needs.

6.3. Registration Updates:

Customers will be notified of any updates or changes related to their registration, including modifications to session details or additional instructions. Instructors will receive notifications of changes or updates in Course registrations, including participant modifications or adjustments to Course details.

6.4. Cancellation Notices:

Customers will receive immediate notifications if their registered Course is cancelled, including updated details and alternative arrangements. Instructors will receive notifications about cancellations of Courses they are involved in, and any necessary adjustments.

6.5. Refund Requests:

Customers will receive notifications confirming receipt of their refund request through ExpertGate. These messages will include details about the refund process, estimated timelines, and any required actions or documentation. Instructors will receive notifications if a Course they are involved in results in a refund request, including request details and any required actions.

6.6. Dispute Resolutions:

Customers will be notified about the status of their disputes, including updates on the resolution process, any required actions or additional information, and final decisions. Instructors will receive notifications regarding disputes related to their Courses, including details of the dispute, required actions, and final outcomes.

6.7. Feedback Requests:

Customers will receive notifications requesting feedback on their Course experience. These messages will include instructions for providing feedback, access to surveys or forms, and options for anonymous feedback. Instructors will receive notifications when feedback is submitted by participants, including details on feedback content and any relevant context for review.

6.8. Course Completion Notifications:

Customers will receive notifications confirming the completion of their Course, including instructions on obtaining certificates or acknowledgments of participation and any further steps or benefits. Instructors will receive notifications confirming Course completion, including summaries of participant feedback, completion status, and any required follow-up actions.

7.1. When the Instructor is late: 

Please wait at least 10 minutes. If the Instructor is more than 10 minutes late, the Customer can consider them a no-show and request a refund. However, the Customer cannot request a refund when the Instructor is less than 10 minutes late for the Course session. 

7.2. When Customer is late: 

If the Customer is more than 10 minutes late, the Instructor can give them a no-show. In this case, the Instructor will still get paid even though the Customer didn’t attend the Course session.

7.3. No-Shows:  

If the Instructor does not show up for a Course, the Customer is entitled to a refund. If the Customer doesn’t show up, the Instructor should submit a request for release of funds. If there is a dispute, It will be managed through our Dispute Resolution Process as outlined in Clause 23 of the Terms of Service.

8.1. Harassment: 

Harassment includes any unwelcome behaviour that creates an intimidating, hostile, or offensive environment. This can be verbal, non-verbal, or physical conduct.  Examples may include derogatory comments, inappropriate gestures, or any actions that make the other party feel uncomfortable or threatened.

8.2. Reporting Harassment: 

Reports of harassment can be made by reaching out to our support team via support@expertgate.org. All reports are treated with utmost seriousness and will be promptly investigated.

8.3. Actions Against Harassment: 

Depending on the severity of the behaviour, actions may range from warnings to the suspension or termination of the User's account.

9.1. Feedback and Ratings: 

All feedback provided by Customers and Instructors is private and confidential, ensuring a safe and respectful environment for honest and constructive comments. Customers are encouraged to share their experiences regarding the Course, including the Instructor’s expertise, professionalism, and overall satisfaction. Similarly, Instructors can offer feedback on their interactions with Customers and the overall Course experience. All feedback must be respectful and constructive, focusing on specific aspects of the Course. For detailed guidelines, please review our [Feedback, Review, and Rating Policy]. This policy upholds the integrity and quality of services while ensuring privacy and confidentiality for all feedback.

9.2. Dissatisfaction with the Course:

If you find that the Course didn't meet your expectations in terms of value, you can discuss your concerns directly with the Instructors. Engaging in a mutual discussion allows both parties to address any issues and explore potential solutions collaboratively. ExpertGate provides a fair opportunity for dispute resolution prior to the release of funds. In the event that the Customer or the Expert disagrees with the work performed, the dispute resolution process will apply as outlined in Clause 11 of the Payment Policy.  

9.3. Continuing to Work with the Instructor: 

To continue working with the Experts who instructed the Course, you have a couple of options. You can register for another Course they are offering. All Instructors are listed Experts on ExpertGate so you can find them in the Experts page. You can then arrange one on one consultation sessions. Alternatively, you can post a project and invite them to submit an EOI. From there you can enter into a project contract with them. Once the Contract is created, you'll need to review and accept it to commence working together.

9.4. Continuing to Work on ExpertGate: 

If you found the Course wasn’t suitable for your requirements, you can search for alternative Courses that are better suited. Alternatively, you can  post a project on the Platform and allow Experts to submit EOIs for your review. Additionally, you might consider asking the Expert if they can recommend another Expert for your requirements. 

This Consultation Policy (the “Policy”) governs the participation in and provision of Consultation Session (“Session”) offered on our website http://www.expertgate.org (the “Platform”). By registering for or offering these Sessions, Users agree to comply with the terms and conditions outlined herein. Please note that capitalised terms not defined in this Policy are defined in the Terms of Service. Further, please note that the terms “Expert” and “Consultant” shall be used interchangeably in this Policy wherever the context requires so.

This Policy applies to all users of the Platform, including Customers seeking consultation services and Experts providing these services. It governs all interactions, procedures, and financial transactions related to the booking and execution of Sessions.

About the Session:

Consultation Sessions are led by academic and industry Experts to provide professional advisory services in fields such as Agriculture, Healthcare, Education, Manufacturing, Environmental, Energy, Mining and Business.

You understand that the Platform acts as an intermediary between Customers and Experts, and as such, it is not liable for any direct or indirect damages that may result from the Sessions. The Platform does not endorse the content or outcomes of any Sessions and disclaims any responsibility for the accuracy or quality of the information provided by Experts. Experts are solely responsible for the content and quality of the Sessions they provide, and Customers are responsible for providing accurate information during the booking process and adhering to the terms of the Session. 

Please carefully review this Policy before proceeding. By accepting the terms outlined herein, you also accept and agree to be bound by our other Platform policies (including but not limited to the Terms of Service and Privacy Policy) as amended from time to time. If you do not agree with anything provided herein, please do not use or access our Platform and/or Services.

1.1. To create a Consultation Session, Experts must be logged into their user profile (“Dashboard”). They can create a Session by navigating to the "Consultation Section" under the "Dashboard" on the Platform. Experts have complete control over their service fee, schedule, and availability, allowing Customers to book Sessions that fit both parties' schedules. It is important to note that only verified Experts are eligible to offer Consultation Sessions on our Platform. Unverified Experts cannot create sessions.

1.2. Experts understand that when setting up a Session, they are required to provide detailed information, including the Session title, category, and skillset etc. Experts must set an hourly rate (with a minimum of USD 50), and select their availability by choosing up to twelve time slots per day in their calendar. Experts must also provide a Session summary and upload a consultation banner. 

1.3. Experts understand and agree that they can create up to three categories of  Sessions at any given time, and additional categories of Sessions can only be added by ‘de-activating’ existing ones. The process of de-activating existing session categories is explained in detail in Clause 2.2 of this Policy. All information must be accurate and complete, and Experts should ensure they comply with all Platform guidelines and policies.

2.1. Review and Edit the Session Details: 

Experts can review and edit their Consultation Sessions to ensure all information is accurate and up-to-date. This includes modifying the Session title, category, skills, hourly rate, availability, and summary. Only verified Experts are permitted to make these changes, and each Expert can maintain up to three categories of active Sessions at a time. Experts agree that the Platform may review the modifications made to ensure they meet the Platform's standards and policies.

2.2. Managing Sessions: 

Experts can de-activate a Consultation Session by accessing the Consultation Section within their profile and clicking on the "three dots" adjacent to the existing Session category. By selecting the "Deactivate" option, a confirmation modal will appear, asking the Expert to confirm the change to session status. If the Expert confirms, the Session will be de-activated and the Session will appear as ‘Inactive’ on the Expert’s dashboard. Inactive sessions will no longer be accessible to the Customer for making bookings. On the other hand, Experts can re-activate an inactive Consultation Session by accessing the Consultation Section within their profile and clicking on the "three dots" adjacent to the existing Session category. By selecting the "Reactivate" option, a confirmation modal will appear, asking the Expert to confirm the change to session status. If the Expert confirms, the Session will be reactivated and the session will appear as ‘Active’ on the Expert’s dashboard. Active sessions will be accessible to the Customer for making bookings. 

2.3. Monitoring Sessions: 

Experts can monitor their in-progress, upcoming, cancelled, and completed Sessions through the Dashboard. This feature allows Experts to keep track of their engagements, ensuring they are well-prepared for each Session and can maintain accurate records of their professional activities. In-progress and upcoming Sessions display essential details such as ID, title, date, time, and current status, while completed and cancelled Sessions provide a comprehensive history of past consultations.

3.1. Finding a Suitable Expert: 

Customers can identify suitable Experts to book Consultation Sessions by utilising the Platform's search filters, which allow searches to be narrowed down by specific fields such as Agriculture, Healthcare, Education, Manufacturing, Environmental, Energy, Mining and Business. Furthermore, Customers can specify their preferences for the availability mode of the Session, and the location the Expert is located in. For more precise results, Customers can use the search bar to search with keywords to find Experts that meet their specific requirements. This ensures that Customers can efficiently find Experts who match their needs and preferences.

3.2. Booking a Session: 

Customers registered on ExpertGate can schedule consultations, discussions, or project-specific meetings with Experts. To book a time slot, Customers must log into their accounts, and select their desired Consultation Session from the Expert's profile. After choosing a Session, Customers will select an available time slot from the Expert’s calendar and complete the booking by entering billing information and confirming payment. Once the booking is successfully completed, it will create a Contract, formalising the agreement between the Customer and the Expert. The Contract will be displayed on the Customer’s and Expert’s dashboards. The Contract includes Session details with a meeting link that the Customer and the Expert can access for their scheduled Session. This confirmation will be notified to the Customer and Expert through email, on the dashboard and Messaging. 

3.3. Session Fees: 

The fee for each Session is clearly displayed during the booking process and may vary depending on the Session's category and theme. In order to secure a Session, Customers are required to deposit the Session fee into their Platform Secured Account at the point of booking the session in accordance with the Payment and Pricing Policy. 

3.4. Completing the Session: 

After the session is completed, the Expert requests the funds to be released. This will result in a notification to the Customer to either 'accept' or 'dispute' the release of funds. The funds deposited in the Platform Secured Account will be released to the Expert, following the terms outlined in Clause 4.1.1 of the Payment and Pricing Policy. This process ensures that both parties are protected and that the payment is only made once the service has been rendered satisfactorily. Please note that the Customers will not be charged any additional fees beyond the initial Session cost unless otherwise specified during the booking process. 

4.1. Rescheduling by Expert: 

If an Expert needs to reschedule a Session, they must first contact the Customer via the Platform's messaging system to propose a new date and time that accommodates both parties. The Expert can access the list of scheduled Consultation Sessions by navigating to the "All Contracts > All Consultation > In Progress" tab. Sessions can be rescheduled either from the list of scheduled Sessions or from the Session detail page anytime. By clicking on the "Reschedule" button, the Expert can choose a new date and time, and the system will check availability based on the Expert’s schedule. If the new date and time are available, the system will update the schedule and notify the Customer via email or notification. If the preferred date and time are unavailable, the system will provide alternative options or prompt the Expert to discuss further with the Customer. Upon successful rescheduling, both the Expert and the Customer will receive confirmation of the new appointment details.

4.2. Rescheduling by Customer: 

If a Customer needs to reschedule a Session, they must first contact the Expert via the Platform's messaging system to propose a new date and time that accommodates both parties. The Customer can navigate to "My Contracts>Consultation > In Progress" tab. Sessions that are more than 6 hours away can be rescheduled either from the list of scheduled Sessions or from the consultation detail page. By clicking on the "Reschedule" button, the Customer can select a new date and time . The system will verify the availability based on the Expert's schedule. If the new date and time are available, the schedule will be updated accordingly, and the Expert will be notified. If the preferred date and time are not available, the system will provide alternative options or prompt the Customer to contact the Expert. The rescheduling feature is designed to be accessible and functional across various devices and platforms. Upon successful rescheduling, both parties will receive confirmation of the new appointment details.

You understand and agree that the Platform is not liable for any direct or indirect damages resulting from the rescheduling of Consultation Sessions. The Platform serves as an intermediary and does not endorse the content or outcome of any Session. Experts are responsible for the accuracy and quality of the information provided during Sessions, and Customers are responsible for providing accurate information during the booking process and adhering to the terms of the consultation. 

When Customers and Experts log into their user profiles, they will receive reminder notifications through the platform's messaging system and their registered emails. As the status of consultation session booking changes, users will be informed of the different stages through notifications. 

5.1. Booking Session:

Customers will receive a notification confirming their registration for a session, including details such as date, time, location, and any additional instructions or preparations needed. Experts will receive notifications when a customer books a session, including session information to facilitate preparation and planning.

5.2. Pre-Session Reminders:

Customers will receive reminder notification at least 24 hours before their session, detailing the date, time, location, and any preparatory requirements. Experts will receive reminder notification about their upcoming session, and any specific preparation needs.

5.3. Session Updates:

Customers will be notified of any updates or changes related to their session, including modifications to session details or additional instructions. Experts will receive notifications of changes or updates in session bookings, including customer modifications or adjustments to booking details.

5.4. Cancellation Notices:

Customers will receive immediate notifications if their booked session is cancelled, including updated details and alternative arrangements. Experts will receive notifications about cancellations of booked sessions.

5.5. Refund Requests:

Customers will receive notifications confirming receipt of their refund request through ExpertGate. These messages will include details about the refund process, estimated timelines, and any required actions or documentation. Experts will receive notifications if a booked session they are involved in results in a refund request, including request details and any required actions.

5.6. Dispute Resolutions:

Customers will be notified about the status of their disputes, including updates on the resolution process, any required actions or additional information, and final decisions. Experts will receive notifications regarding disputes related to booked sessions, including details of the dispute, required actions, and final outcomes.

5.7. Feedback Requests:

Customers will receive notifications requesting feedback on their session experience. These messages will include instructions for providing feedback, access to surveys or forms, and options for anonymous feedback. Experts will receive notifications when feedback is submitted by customers, including details on feedback content and any relevant context for review.

5.8. Program Completion Notifications:

Customers will receive notifications confirming the completion of their session. Experts will receive notifications confirming session completion, including customer feedback, completion status, and any required follow-up actions.

6.1. Cancellation by Expert: 

6.1.1. Experts who need to cancel a scheduled Session must follow a specific procedure to ensure transparency and fairness. Experts can cancel the Session through the Platform’s functionality and if a Session is more than 24 hours away, it can be cancelled either from the list of Sessions or from the consultation detail page.

6.1.2. When cancelling a Session, the Expert is required to provide a reason and a brief description for the cancellation, which will be shared with the Customer for their awareness. This information is logged for reference and analysis. Once the cancellation is initiated, the Customer will be notified via email or notification, and the cancelled Session will be removed from both the Expert’s and the Customer’s schedules. The cancellation process is designed to be straightforward and efficient, ensuring that any associated fees or refunds are processed correctly according to our Payment and Pricing Policy. The Expert will receive a confirmation upon the successful cancellation of the Session.

6.1.3. The Cancel Consultation form that Experts must complete includes two fields: 

6.1.3.1 a drop-down list to select the "Reason for Cancellation" and 

6.1.3.2. a text field for a brief description of the cancellation, limited to a maximum of 1000 characters.

6.2. Cancellation by Customer:

6.2.1. Customers can cancel their scheduled Sessions by clicking on the "All Consultations" option and then the “Upcoming" tab to view their scheduled Sessions. If a Session is more than 24 hours away, it can be cancelled either from the list of Sessions or from the consultation detail page.

6.2.2. When cancelling, Customers will be prompted to provide a reason and a brief description for the cancellation, which will be shared with the Expert for their awareness. This information is logged for reference and analysis. Once the cancellation is initiated, the system will notify the Expert via email or notification, and the cancelled Session will be removed from both the Expert's and the Customer’s schedules. The cancellation process ensures that any associated fees or refunds are processed correctly according to our Payment and Pricing Policy.

6.3. Cancellation refunds: 

Refunds are processed in accordance with the cancellation terms as per Clause 13 of the Payment and Pricing Policy. In cases where Stripe, our payment gateway partner, incurs or imposes additional charges on refund transactions, these charges will be borne by the Customer. Customers and Experts are advised to read the Payment and Pricing Policy for more details on refund terms.

7.1. When Expert is late: 

Please wait at least 10 minutes. If the Expert is more than 10 minutes late, the Customer can consider them a no-show and request a refund. However, the Customer cannot request a refund when the Expert is less than 10 minutes late for the Session. 

7.2. When Customer is late: 

If the Customer is more than 10 minutes late, the Expert can give them a no-show. In this case, the Expert will still get paid even though the Customer didn’t attend the Session.

7.3. No-Shows: 

If the Expert does not show up for a scheduled Session, the Customer is entitled to a refund. If the Customer doesn’t show up, the Expert should submit a request for release of funds. If there is a dispute, It will be managed through our Dispute Resolution Process as outlined in Clause 23 of the Terms of Service.

8.1. Harassment: 

Harassment includes any unwelcome behaviour that creates an intimidating, hostile, or offensive environment. This can be verbal, non-verbal, or physical conduct.  Examples may include derogatory comments, inappropriate gestures, or any actions that make the other party feel uncomfortable or threatened.

8.2. Reporting Harassment: 

`Reports of harassment can be made by reaching out to our support team via support@expertgate.org. All reports are treated with utmost seriousness and will be promptly investigated.

8.3. Actions Against Harassment: 

Depending on the severity of the behaviour, actions may range from warnings to the suspension or termination of the User's account.

9.1. Feedback and Recommendations: 

Customers are encouraged to leave feedback and recommendations regarding their consultation experience with the Expert. This feedback is vital for maintaining the quality and integrity of Services offered on the Platform. Customers can provide feedback on the Expert's expertise, professionalism, communication, and overall satisfaction with the Session. All feedback must be respectful and constructive. The Platform reserves the right to review and moderate feedback from Customers to ensure they adhere to the terms outlined in our Feedback, Review, and Rating Policy.

9.2. Dissatisfaction with the Session: 

If you find that the Session didn't meet your expectations in terms of value, you can discuss your concerns directly with the Expert. Engaging in a mutual discussion allows both parties to address any issues and explore potential solutions collaboratively. ExpertGate provides a fair opportunity for dispute resolution prior to the release of funds. In the event that the Customer or the Expert disagrees with the work performed, the dispute resolution process will apply as outlined in Clause 11 of the Payment and Pricing Policy.  

9.3. Continuing to Work with the Expert: 

To continue working with the Expert, you have a couple of options. The Expert may offer Courses on ExpertGate. If so, you can find the relevant Courses and can then register for that Course. Alternatively, you can post a project and invite them to submit an EOI. From there you can enter into a project contract with them. Once the Contract is created, you'll need to review and accept it to commence working together.

9.4. Continuing to Work on ExpertGate:

If the Expert you had a Session with wasn’t suitable for your requirements, you have several options. Firstly, you can post a project on the Platform and allow Experts to submit EOIs for your review. Additionally, you might consider asking the Expert if they can recommend another Expert for your requirements. 

9.5. Handling Larger Projects: 

If an Expert doesn't have time to take on larger projects for the Customers they got from Sessions, they can assist them in finding someone suitable. This can be done by referring Experts on the Platform who would be a great fit for the Customer. Additionally, the Expert can direct Customers towards the Sessions that might best meet their needs, such as encouraging them to post a Project on the Platform.

Transparency, reliability, and security are paramount at ExpertGate (the “ExpertGate” or “we” or “us” or “our”). We understand the significance of trust in collaborative endeavours, which is why we've implemented a robust payment and pricing policy to safeguard the interests of our users. Our payment and pricing policy is crafted to provide clarity and confidence, ensuring that transactions are conducted smoothly and fairly.

This Payment and Pricing Policy (the “Policy”) governs the fees charged by ExpertGate for the use of our website www.expertgate.org (the “Website”) and related Services (together “Platform”). It governs the terms and conditions for payments made and received through our Platform. It outlines provisions including but not limited to payment terms, service fees, communication, invoicing, dispute resolution, and payment services. Please note that capitalised terms not defined in this Policy are defined in the Terms of Service.

Whether you are new to our Platform or a seasoned user, we encourage you to familiarise yourself with the terms presented here. Your use of our Platform and Services signifies your acceptance of all the terms and conditions outlined in this Policy.

Please carefully review this Policy and Payment Instructions before proceeding. By accepting the terms outlined herein, you also accept and agree to be bound by our other Platform policies (including but not limited to the Terms of Service and Privacy Policy) as amended from time to time. If you do not agree with anything provided herein, please do not use or access our Platform and/or Services.

We reserve the right to modify this Policy without prior notice, with any revisions taking effect when posted on our Platform unless otherwise stated. Please check our Platform regularly for updates to this Policy. Any changes to the Policy will become effective immediately upon being posted on the ExpertGate Platform unless otherwise specified. The version of the Policy in effect at the time any Fixed-Price Contract, Hourly Contract, Course, or Consultation session is entered into will govern that Contract or session as the case may be. Your continued use of our Platform and Services following any modifications constitutes your acceptance of the revised terms and this Policy.

1.1. Funds deposited into the Platform Secured Account by the Customer will solely be used and released in accordance with this Policy and the specific instructions provided for the Contract ("Payment Instructions"). ExpertGate is considered to have fulfilled its obligations if it complies with the terms outlined in this Policy and the applicable Payment Instructions. Further, ExpertGate is obligated solely to execute the duties explicitly stipulated in this Policy and any pertinent Payment Instructions. Release of funds from  Platform Secured Account will be conducted based on user authorisation, in compliance with this Policy, the relevant Payment Instructions, or as mandated by applicable law. Upon successful and undisputed delivery of services by Expert, ExpertGate will manually initiate the payout to the Expert's connected account via Manual Payouts Feature. This procedure ensures that funds are disbursed by us only when both Customer and Expert have expressed satisfaction. Please note that the Payment Instructions are outlined in various sections throughout this Policy. This clause alone does not constitute the full set of Payment Instructions.

1.2. You understand and acknowledge that while we manually initiate a payout to you using Manual Payouts Feature in accordance with Clause 4 of this Policy, we are also required to disburse funds by adhering to the time frame (“Holding Period”) specified by Stripe for different jurisdictions. Failure to comply with the Holding Period could result in legal implications for the users. For more information on these Holding Period(s), please refer to the Manual Payouts Feature guide here. 

1.3. Further, it is the responsibility of both the Customer and the Expert to ensure that work completed is delivered, reviewed, and completed in a timely manner, aligning with Clause 4 of this Policy. In the event, there is no timely action on your behalf, we may release the payment to the Customer or Expert, as applicable, in accordance with Clause 4 and the applicable Holding Period, and we shall not be responsible for any loss, or inconvenience that may arise as a result of adhering to these requirements.

1.4. Customer and ExpertGate mutually acknowledge and agree that any instruction provided to us for the release of funds is irrevocable unless explicitly stated otherwise in this Policy or Payment Instructions. Upon the Customer's instruction to release payment to the Expert, it is deemed as authorisation to transfer the funds held in the Platform Secured Account to the Expert’s connected account. By providing this instruction, the Customer represents that they have received, inspected, and accepted the relevant work submitted by the Expert.

1.5. Customer understands and agrees that once ExpertGate or its subsidiaries or affiliates have charged the Customer's payment method in accordance with Clause 8.2 (Platform Fee for Customers), the charge is non-refundable. The only circumstance under which an instruction to ExpertGate may be revoked is if both Customer and Expert jointly submit any additional or supplemental Payment Instructions in writing, signed by both parties, to ExpertGate at support@expergate.org, requesting specific action regarding the funds held in Platform Secured Account, and ExpertGate agrees to such additional or supplemental Payment Instructions.

2.1. By selecting the option to deposit funds to a Platform Secured Account or to accept a Fixed-Price or Hourly Contract, Course, or Consultation sessions, the Customer and the Expert are deemed to have electronically executed these Payment Instructions as of the date the Expert accepts the engagement. This electronic execution is pursuant to the Electronic Transactions Act 1999 (Cth) of Australia. By proceeding, both Customer and Expert agree to conduct their transactions electronically and confirm that they can receive, download, and print these Payment Instructions. 

2.2. The users also agree that any required written communications may be provided electronically, such as via email or Tickets. Any communication sent to ExpertGate by postal mail or a similar service will be considered timely if received by ExpertGate within the applicable deadline.

2.3. All communications to a user required by these Payment Instructions will be made via email sent by ExpertGate to the user’s registered email address. Users are solely responsible for maintaining a current, active email address registered with ExpertGate, for checking their registered email address, and for responding to communications sent by ExpertGate to the user’s registered email address.

3.1. When a Customer and an Expert agree to a Fixed-Price or Hourly Contract, Course, or Consultation Session and both parties select "Agree" on the relevant pages to accept the Terms of Service (including this Policy and Payment Instructions), this Policy and Payment Instructions become a binding agreement between the Customer, the Expert, and ExpertGate (collectively, the "Parties"). Any changes, additions, or deletions to these instructions must be executed (via digital signature or another mutually agreed method) by the Customer and the Expert, and agreed upon by ExpertGate in writing. ExpertGate reserves the right to reject any supplemental or additional Payment Instructions.

3.2. By sending a Contract/session offer to an Expert or accepting a Contract/session offer from a Customer, the Customer agrees to deposit funds for the first Milestone, or if there are no Milestones, the full amount of the Contract or session. Additional Milestones can be funded by the Customer by selecting the option to add or activate a Milestone on the Platform. Funds deposited by the Customer are held in the Platform Secured Account until they are released to the Expert's account or refunded to the Customer's account. We will release funds in accordance with Clause 4 of this Policy.

4.1. ExpertGate operates on a structured timeline for the release of funds, ensuring transparency and accountability in all financial transactions conducted on our Platform. Pursuant to the Holding Period (see Clause 1.2), the release of funds is subject to predetermined timelines and conditions, as detailed below:

4.1.1. Fixed Price Contract:

4.1.1.1 After an Expert completes a Milestone/Project/Course/Consultation Session and submits it for approval, the Customer has a period of 14 days to review the work or service delivered. This allows the Customer to ensure that the Expert has met the agreed-upon requirements. Once this review period ends, and if there are no objections from the Customer, the funds held in the Platform Secured Account will be released to the Expert's account.

4.1.1.2. In the event that a Milestone/Project/Course/Consultation Session is not acted upon for 85 days, the Platform will cancel the Milestone/Project/Course/Consultation Session, and the funds held in the Platform Secured Account will be refunded to the Customer. Please note that for Fixed-Price Contracts, if no Activity occurs for a period of 75 consecutive calendar days, it shall be considered a Dormant Contract and shall be governed in accordance with Clause 6 of this Policy.

4.1.2. Hourly Contracts:

4.1.2.1. Weekly billing periods for Hourly Contracts commence on Monday at 00:00 midnight AEST (Australian Eastern Standard Time) and conclude on Sunday at 23:59 AEST. Customers have until Tuesday of each week to review the hours logged by the Expert in the preceding week. This provides Customers with an opportunity to verify the accuracy of the billed hours before funds are disbursed.

4.1.2.2. If no disputes are raised by the Customer within the 2-day review period (Monday and Tuesday), the funds for the billed hours will be released to the Expert's account after 5 days, on Wednesday. Please note that funds earned during a given week become available to the Expert 10 days after the end of the weekly billing period, typically on the following Wednesday.

4.1.2.3. If a dispute arises regarding the billed hours, the transaction will be temporarily paused, and the dispute must be resolved according to Clause 11.1.2 of this Policy. 

4.1.2.4. Customers have the option to provide additional compensation to Experts through bonuses, tips, expenses, or other miscellaneous payments via the Platform. To facilitate such payments to an Expert, the Customer must provide the required information. By initiating such a payment to an Expert, the Customer unequivocally directs ExpertGate to release funds in accordance with the terms outlined in this Policy.

4.2. Experts can request the disbursement of their available funds at any time. If an Expert does not request a disbursement, ExpertGate will automatically release the available funds within 30 days after the funds are added to the Expert’s Account, provided the account balance meets the account threshold of USD 1,000 (“Automatic Release Threshold”) and maintains a minimum balance of USD 50 (“Minimum Withdrawal Threshold”) after disbursement. If the account balance is below the Minimum Withdrawal Threshold, the Expert cannot withdraw the funds and automatic disbursement is paused. For balances between USD 50 and USD 999, the Expert can only withdraw funds manually. When the balance exceeds the Automatic Release Threshold of USD 1,000, automatic disbursement will occur provided that a Minimum Withdrawal Threshold is maintained after such automatic disbursement.  For Experts who cannot withdraw funds due to economic sanctions or payment partner restrictions, ExpertGate will suspend automatic disbursement. The funds will be held in a secure account until the Expert can withdraw the funds or ExpertGate is legally required to transfer the funds to a legal authority, after which the Expert can recover the funds from that authority.

4.3. Users agree and acknowledge that all funds released pursuant to these Payment Instructions in this Clause are subject to applicable fees as described in Clause 8 of this Policy.

5.1. Users acknowledge and agree that ExpertGate does not operate as a financial institution. Instead, ExpertGate in collaboration with its payment partner Stripe, utilising the Stripe Connect platform and Manual Payouts Feature facilitates the secure delivery, holding, and receipt of payments for Contracts/sessions between Experts and Customers. It's important to note that these services are intended for professional use only, and users are expected to utilise them exclusively for business purposes. Any use of these services for consumer, personal, family, or household purposes is strictly prohibited.

5.2. The funds are held in the Platform Secured Account which is secured by Stripe, our trusted payment partner, and managed by ExpertGate. Further, ExpertGate ensures that all funds held in  the Platform Secured Account are kept separate from our operational accounts and those of our affiliates for added security and transparency.

5.3. In the event of bankruptcy or any other unforeseen circumstance, ExpertGate pledges not to use the funds belonging to the user to satisfy the debts of ExpertGate or its affiliates. 

6.1. If funds are deposited by the Customer into Platform Secured Account for a Fixed-Price Contract and such Fixed-Price Contract has experienced no Activity for 75 consecutive calendar days after the last Milestone date specified in the Contract (“Dormant Period”), then such Contract, including any active Milestone, is automatically closed. Subsequently, the funds held in the Platform Secured Account for the Contract are promptly returned to the Customer (“Dormant Contract”). 

6.2. For the purpose of this Clause, "Activity" encompasses any alterations to the Contract, including but not limited to Milestone updates, funding, release requests, or actions conducted under Clause 11 (Payment Disputes) of this Policy.

6.3. Upon identification of the Dormant Contract, the following shall be enforced:

6.3.1. ExpertGate will notify the Customer once the Fixed-Price Contract transitions into a dormant state.

6.3.2. In the event that the Customer fails to initiate any action within 7 calendar days subsequent to the Dormant Period and notification, ExpertGate will then inform the Expert of the dormant status of the Fixed-Price Contract (“Expert Notice”).

6.3.3. If the Expert opts to submit a release request (in accordance with Clause 4) within 7 calendar days following receipt of the Expert Notice, and the Customer remains inactive for 7 calendar days from the date of the release request, both the Expert and the Customer hereby authorise and irrevocably instruct ExpertGate to promptly release to the Expert the funds associated with the Milestone referenced in the release request.

6.3.4. In the absence of action from both the Expert and the Customer for 7 calendar days after receipt of the Expert Notice of Dormant Contract, both parties hereby authorise and irrevocably instruct ExpertGate to immediately release the funds to the Customer’s connected account.

Users acknowledge and accept their respective responsibilities regarding tax liability and invoicing on the ExpertGate Platform:

7.1. Tax Liability and Invoicing: 

ExpertGate is responsible for raising invoices for all transactions conducted on the Platform. These invoices serve as clear documentation of the Services rendered, fees charged, and any applicable taxes or deductions for both Experts and Customers.

7.2. User’s Tax Responsibilities: 

User acknowledges that they are solely responsible for all tax liabilities associated with payments received from each other through ExpertGate. This includes determining and fulfilling their tax obligations under applicable laws and regulations, including reporting and remitting any applicable taxes or charges.

7.3. Cooperation in Tax Matters: 

In the event of an audit or inquiry related to tax matters, both the Expert and the Customer agree to promptly cooperate with ExpertGate. This includes without limitation providing any necessary documentation or information requested for audit purposes to ensure compliance with tax laws and regulations.

7.4. Insurance and Liability: 

The Expert and the Customer are responsible for obtaining any required liability, health, workers’ compensation, disability, unemployment, or other insurance as mandated by law. ExpertGate does not provide insurance coverage for either party.

7.5. Payment for Taxes: 

Users are responsible for paying all taxes arising from any transactions conducted on the ExpertGate Platform. Taxes must be paid without any offset or deduction from the fees paid to ExpertGate.

8.1. For Experts:

8.1.1. As an Expert utilising the Services provided by ExpertGate, you acknowledge and agree to pay a Platform Fee as outlined in this Clause. It is your responsibility to review and understand the terms and conditions regarding the Platform Fee as stipulated in this Clause. 

8.1.2. We will charge you a service fee based on the total fees invoiced by you to your Customer (less any refunds or reversals) (the “ Platform Fee”) for the duration of your relationship with your Customer. The Platform Fee is a flat 10% of the total fees you have invoiced to your Customer.

8.1.3. For illustrative purposes, here is how the Platform Fee will be charged for Experts for Fixed-Price/Hourly/Consultation/Course engagements on ExpertGate:

8.1.4. Upon receipt of payment from a Customer for a Contract or when funds related to a Contract are otherwise released to you in accordance with the applicable Payment Instructions, ExpertGate will credit your connected account with the full amount paid or released by the Customer. Subsequently, ExpertGate will deduct the Platform Fee from your connected account and disburse it to ExpertGate.

8.1.5. By utilising our Platform, you provide irrevocable authorisation and instruction to ExpertGate to deduct the Platform Fee from your connected account and remit it to ExpertGate on your behalf.

8.1.6. It's important to note that if you choose to withdraw funds in a currency other than USD, ExpertGate and its payment partner (or an affiliate) may impose a foreign currency conversion charge. Please be aware that the foreign currency conversion rate applied may differ from the rates in effect on the date of the payment. You may have the option to obtain a better rate from your bank or financial institution.

8.2. For Customers:

For the Customer who initiates the Contract for the first time on our Platform, there will be a Contract Initiation Fee charged to the Customer. However,  for Milestone-based Contracts, the Contract Initiation Fee will only be charged once at the start of the Contract, regardless of the number of Milestones created. For illustrative purposes, here is how the Platform Fee will be charged for Customers for Fixed-Price/Hourly/Consultation/Course engagements on ExpertGate:

8.2.1. For First-time Contract Initiation (Fixed/ Hourly/ Consultation/ Course):

8.2.2. For Milestone-based Contract (Fixed-Price Contract)-:

For Milestone-based Contracts, there will be no Contract Initiation Fee charged for subsequent Milestones raised after the first one. The Contract Initiation Fee is only applied once, at the start of the Contract when the first Milestone is raised. For subsequent milestones of the same Contract, the following table of fees and charges will apply-

Users understand and agree that in adherence to relevant laws, ExpertGate may be obligated to either collect or remit certain taxes or levies, including income tax or GST (referred to as VAT or local sales taxes in certain jurisdictions). The requirements and rates for such tax collection and withholding may be subject to change based on alterations in local regulations. Any amounts ExpertGate is obligated or permitted to collect or withhold for the settlement of such taxes shall be collected or withheld in addition to the fees owed to ExpertGate.

9.1. Users must utilise Services offered on ExpertGate by furnishing account details for at least one valid payment method. Users are required to provide accurate and complete details of their payment cards or bank accounts. It is the user's responsibility to ensure the correctness of the information provided, and any costs, expenses, losses, or damages resulting from the submission of incorrect details are solely the user's responsibility.

9.2. By operating as a Customer or Expert on ExpertGate, users grant authorisation to us to conduct debit/credit card authorisations provided by them. This includes storing debit/credit card and banking information for payment processing, consistent with our Privacy Policy. 

9.3. Users agree to provide a backup payment method in case their primary payment method fails. Users authorise us to charge their backup payment method for any outstanding amounts in such a case. 

9.4. Furthermore, users acknowledge and agree that, in compliance with our Privacy Policy, we use Stripe as a provider of payment gateway services on the Platform. Users acknowledge that any payment made or transferred on or through the Platform shall also be subject to the terms and conditions of Stripe which can be found here https://stripe.com/au/legal/ssa . Please note that we utilise Manual Payouts Feature for disbursing funds and the payments are managed by Stripe on behalf of ExpertGate.

9.5. Additionally, Experts agree that in order for payments to be released from Platform Secured Account to their connected accounts, they will be required to complete KYC (Know Your Customer) verification as mandated by Stripe (https://support.stripe.com/topics/verification ). This verification process involves providing personal identification information to confirm the user's identity, which may include government-issued identification, proof of address, and other relevant documentation. The KYC verification is a crucial step to ensure compliance with financial regulations, prevent fraud, and maintain the security and integrity of transactions on the Platform. Failure to complete the KYC verification may result in delays or inability to receive payments.

9.6. By furnishing payment method details or authorising payments via the Platform, users affirm that they are legally entitled to provide such information and make payments using the designated payment method(s). Moreover, users assert that they are authorised to use the payment method(s) on behalf of the entity or individual that owns it and that such actions comply with the terms and conditions governing the use of the payment method(s) and applicable laws.

9.7. We disclaim any responsibility and liability for any loss or damage incurred by users during the utilisation of available payment methods on the Platform. This includes but is not limited to, instances such as:

9.7.1. Lack of authorisation for a transaction;

9.7.2. Exceeding the mutually agreed preset limit between the user and the respective bank;

9.7.3. Payment issues arising from the transaction; and/or

9.7.4. Transaction being declined due to any other reasons.

9.8. Users acknowledge, understand, and agree that the payment facility provided by us constitutes neither a banking nor financial service. Instead, we function as a facilitator, offering an electronic, automated online payment, and remittance facility for transactions through the existing authorised banking infrastructure and credit card payment gateway networks. It is imperative to clarify that, in providing the payment facility, we assume neither the role of a trustee nor engage in a fiduciary capacity concerning the transaction, thereby absolving ourselves from such responsibilities.

9.9. By utilising our Services, users expressly authorise us to electronically collect, process, facilitate, and remit payments, including the charges, fees, or taxes through electronic means. 

9.10. By accepting these Terms, users acknowledge that the Platform operates as a medium, with no control or liability for the Services listed on our Platform and paid for through our payment facility. The Platform does not guarantee the identity of any user and does not ensure the completion of transactions between parties.

9.11. The Website and/or Services operate in United States Dollars (USD). If a user’s payment method is denominated in a currency other than USD and requires currency to make or receive payments in USD, the Platform will display foreign currency conversion rates that ExpertGate and its affiliates currently make available to convert supported foreign currencies to USD. These foreign currency conversion rates adjust regularly based on market conditions. Users hereby understand and agree that due to the international nature of transactions, a double conversion charge will be applied: once at the time of payment and again at the time of withdrawal.

9.12. Users understand that the user’s payment method provider may also charge fees directly to the payment method even when no currency conversion is involved, and any fees assessed by the user's provider will be the responsibility of the user. The user’s authorisation of a payment using a foreign currency conversion rate is at the user’s sole risk. ExpertGate and its affiliates are not responsible for currency fluctuations that occur when billing or crediting a payment method denominated in a currency other than USD or for currency fluctuations that occur when receiving or sending payments to and from the Platform Secured Account.

10.1. We are committed to providing a secure and reliable Platform for all users. In the event that a user disputes a charge on their credit card or other payment method and requests the issuing bank to reverse the transaction (the “Chargeback”), we along with our payment partner will cooperate fully to resolve the billing discrepancies with the issuing bank and provide all necessary documentation to validate the transaction.

10.2. Users agree that if a Chargeback is initiated and determined to be unjustified or fraudulent, we reserve the right to impose a Chargeback fee to cover administrative costs incurred. Users will be liable to pay within seven (7) days following the date of our written request:

10.2.1. An amount equal to the amount of the Chargeback;

10.2.2. All third-party expenses incurred by us in relation to the Chargeback, including charges made by our or your bank or payment processor or card issuer;

10.2.3. An administration fee in addition to taxes; and

10.2.4. All our reasonable costs, losses, and expenses incurred in recovering the amounts, including without limitation legal fees and debt collection fees.

10.3. For the avoidance of doubt, if the user fails to recognise or fail to remember the source of an entry on their card statement or other financial statements, and makes a Chargeback as a result, this will constitute an unjustified Chargeback.

10.4. If the user owes us any amount under or relating to these terms, we may suspend or withdraw the provision of Services to them.

10.5. We may at any time set off any amount that the user owes to us against any amount that we owe to them by sending them written notice of the set-off.

11.1. ExpertGate provides a fair opportunity for dispute resolution prior to the release of funds. Dispute Resolution is governed in accordance with the Dispute Resolution Policy outlined in Clause 23 of the Terms of Service. In the event that either the Customer or the Expert disagrees with the work performed or payment received, the following Dispute Resolution Mechanism applies: 

11.1.1. For Fixed Price Contract:

11.1.1.1. If the Customer believes that a Milestone/Project/Course/Consultation Session does not meet the agreed-upon requirements and requests a refund, the Expert will have 10 days to approve the refund request. If the Expert does not respond to the refund request within 10 days, the funds will automatically be refunded to the Customer.

11.1.1.2. Upon the initiation of a refund request by the Customer, the Expert reserves the right to dispute the request within the Platform, providing an opportunity to present their perspective and address any discrepancies. 

11.1.1.3. Any dispute raised by either party must be resolved within 10 days. This timeline ensures that disputes are addressed promptly and efficiently, minimising Contract delays and maintaining trust between both parties.

11.1.1.4. Customers must request refunds within 14 days of the Milestone submission.

11.1.2. For Hourly Contract:

11.1.2.1. Customers have the right to dispute the hours billed by the Expert for the previous week's work on their Contract if they believe the billed hours are inaccurate or not reflective of the work performed.

11.1.2.2. If a dispute is raised, the Contract will be temporarily paused, and the weekly billing limit on the Contract will be set to zero. This precautionary measure prevents further billing until the dispute is resolved.

11.1.2.3. All disputes regarding hourly billing must be resolved within 10 days. This timeframe aims to minimise disruption to the Contract's progress, ensuring that any discrepancies in billed hours are promptly addressed and resolved.

11.2. Users understand and acknowledge that the above-mentioned Dispute Resolution Mechanism is applicable to ongoing Contracts with funds held in the Platform Secured Account. Experts are entitled to initiate a dispute solely if the Customer requests a refund. The dispute option will become available to the Expert in such instances. The Expert may only file a dispute after accessing the specific Contract for which the Customer has requested a refund. In all other circumstances, the funds will remain in the Platform Secured Account, and the Expert's only recourse will be to submit for the release of the funds. For Contracts that are not ongoing or have been closed, any disputes related to these Contracts shall be governed in accordance with the Dispute Resolution Policy outlined in Clause 23 of the Terms of Service.

12.1. In the event the user identifies any irregularities, such as double charges or incorrect payments, within their payment history, they are suggested to take immediate action to rectify the situation by raising a support ticket (the “Ticket”) through the designated channel provided by ExpertGate. This Ticket serves as the official notification of the discrepancy and initiates the resolution process. As such, all Tickets related to incorrect or double charges will be handled with the highest priority by our internal support team. 

12.2. Upon receipt of the Ticket, ExpertGate's internal support team will conduct a thorough investigation into the reported discrepancy. This investigation may involve reviewing transaction records, consulting with relevant parties, and utilising other resources to ascertain the root cause of the discrepancy. Once the discrepancy has been identified and verified, ExpertGate will proceed to adjust the billing accordingly. This adjustment will be carried out manually from Stripe, ensuring that the corrected amount accurately reflects the services provided.

13.1. Users are encouraged to collaboratively reach a mutual agreement in instances where refunds or cancellations are deemed necessary. Should there be an absence of funds in the Platform Secured Account, both the Customer and the Expert possess the capability to terminate the Contract by selecting the option to close the Contract. However, if funds are held in a Platform Secured Account, the initiation of refunds and cancellations must be executed by either the Customer or the Expert, adhering to the prescribed steps outlined in this Clause.

13.2. If the user wishes to cancel a Contract or individual Milestone,  they must initiate the cancellation process through the ExpertGate Platform. The cancellation option is available within the Contract or Milestone details. Once initiated, the cancellation request is sent to the other party for approval or dispute. If the cancellation request is disputed, then the Dispute Resolution Mechanism as per clause 11 of this Policy applies.

13.3. Funds held in the Platform Secured Account for the cancelled Contract or Milestone remain in the Platform Secured Account until the refund request is processed. ExpertGate ensures that the funded amount stays securely in the Platform Secured Account until the resolution of the cancellation and refund process.

13.4. Users agree and understand that depending on the fee schedule, refunds may incur processing fees. Additionally, Stripe's processing fees from the original transaction will not be returned. Further, users acknowledge that additional fees may apply in certain regions and for specific payment types.

13.5. If the user initiates a cancellation request, the other party must either approve or dispute the cancellation within the specified timeframe. Failure to take action within the designated period results in the automatic release of funds from the Platform Secured Account as per ExpertGate's policies.

14.1. If a Customer is in "default," meaning the Customer fails to pay the Expert Fees or any other amounts when due, ExpertGate will be entitled to the remedies described in this Clause in addition to such other remedies that may be available under applicable law or in such written agreement. For the avoidance of doubt, the Customer will be deemed to be in default on the earliest occurrence of any of the following:

14.1.1. Customer fails to pay the Expert fees when due;

14.1.2. For Hourly Contracts only, Customer fails to pay a balance that is due or to bring, within a reasonable period of time but no more than 30 days after the accrual of the charge, an account current after a credit or debit card is declined or expires;

14.1.3. Customer fails to pay an invoice issued to the Customer by ExpertGate within the time period agreed or, if no period is agreed, within 30 days;

14.1.4. Customer initiates a Chargeback with a bank or other financial institution resulting in a charge made by ExpertGate for Expert fees or such other amount due being reversed to the Customer; or

14.1.5. Customer takes other actions or fails to take any action that results in a negative or past-due balance on the Customer’s connected account.

14.1.6. In the event of default, ExpertGate may, without notice, temporarily or permanently close the Customer’s connected account and revoke the Customer’s access to the Services, including the ability to process further payments, enter into Contracts, or obtain additional Expert Services from other users through the Platform. However, the Customer will remain responsible for any amounts that accrue on any open Contracts at the time of account limitation due to default. Without limiting other available remedies, the Customer must pay ExpertGate upon demand any amounts owed, plus a late payment penalty of 2% of the Expert's service fees for each day the payment is overdue. The Customer is also responsible for attorneys’ fees and other collection costs to the extent permitted by law.

14.1.7. At its discretion and to the extent permitted by applicable law, ExpertGate and its affiliates may, without notice, charge all or a portion of any amount owed to any payment method on file for the Customer’s account; offset amounts due against other amounts received from the Customer or held for the Customer by ExpertGate or its affiliates; report to credit agencies and law enforcement authorities; and cooperate with these agencies in any investigation or prosecution.

14.1.8. Users understand and agree that ExpertGate does not guarantee that the Customer can or will pay Expert fees and is not liable for and may reverse Expert fees if the Customer defaults or initiates a Chargeback with their financial institution. Experts may use the dispute process as described in the applicable Payment Instructions to recover funds from the Customer in case of default or may pursue other remedies against the Customer. If ExpertGate recovers funds from a defaulting Customer or one who initiated a Chargeback, ExpertGate will disburse any portion attributable to Expert fees to the applicable Expert to the extent not already paid by the Customer or credited by ExpertGate.

User acknowledges and agrees that ExpertGate solely facilitates interactions between Customers and Experts without making direct introductions. The Platform serves as a medium for Experts to showcase their services and for Customers to explore them. Consequently, ExpertGate does not impose any charges when an Expert connects with a Customer or identifies a Contract. Furthermore, there are no fees for posting or accessing feedback, including aggregated feedback, ratings, and reviews provided by users of the Platform (“User Feedback”).

ExpertGate is committed to making a positive impact on society. To this end, we pledge to allocate fifty per cent (50%) of our profits to support educational initiatives in underprivileged communities. These initiatives include, but are not limited to, the development of educational courses, the training of teachers, and the provision of scholarships to deserving students. By investing in these areas, ExpertGate aims to improve educational opportunities, empower individuals within these communities, and contribute to the creation of a more equitable and prosperous society. This commitment reflects our dedication to social responsibility and our belief in the transformative power of education.

If you have any questions, or concerns, or require assistance regarding payments on ExpertGate, please do not hesitate to contact us. Our team is dedicated to providing support and ensuring a seamless experience for all users.

Contact Information for Payment Inquiries:

Payment Support Email: support@expertgate.org  

Support Hours:

Our customer support team is available to assist you during the following hours:

Monday to Friday: 9:00 AM to 5:00 PM (AEST)

Saturday and Sunday: Closed

Response Time:

We strive to respond to all inquiries within 72 hours during business days. Inquiries received over the weekend or on public holidays will be addressed on the next business day.

Welcome to ExpertGate! Beware Infringers, unauthorised use of Intellectual Property will not be tolerated and will be met with stringent measures. Protecting Intellectual Property is essential to our mission. This Policy ensures that all Intellectual Property created and used within our Platform is properly managed and safeguarded.

This Intellectual Property Policy (the “Policy”) governs the ownership, use, and protection of Intellectual Property on the Website http://www.expertgate.org (the “Website”) and relating to our Services (together “Platform”) operated by ExpertGate (“ExpertGate” or “Company” or “we” or “our” or “us”). It outlines the framework for identifying, managing, and protecting the Intellectual Property assets within our Platform, ensuring a fair and secure environment for all users. Please note that capitalised terms not defined in this Policy are defined in the Terms of Service.

Users understand that this Policy applies to all parties interacting with ExpertGate, including but not limited to Customers, Experts, contractors, employees, sub-contractors, and any other users of the Platform and/or Services, regardless of whether they utilise our Services or merely access the Platform.

PRIOR TO ENGAGING WITH OUR WEBSITE AND/OR SERVICES, PLEASE THOROUGHLY REVIEW THIS POLICY. BY ACCESSING, NAVIGATING, OR OTHERWISE UTILISING OUR WEBSITE AND/OR SERVICES, YOU ASSERT YOUR COMMITMENT TO ADHERE TO THE TERMS SET FORTH HEREIN ALONG WITH OUR OTHER PLATFORM POLICIES INCLUDING BUT NOT LIMITED TO TERMS OF SERVICE AND PRIVACY POLICY. SHOULD ANY PORTION OF THIS POLICY BE INCONGRUENT WITH YOUR VIEWS, WE REQUEST THAT YOU REFRAIN FROM ENGAGING WITH OUR WEBSITE AND SERVICES.

1.1. Company’s Intellectual Property:

1.1.1. All rights, title, and interest in and to the Platform, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates, and widgets, literary work, source, and object code, computer code (including HTML), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Website, or Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customised URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to the Company.

1.1.2. Users acknowledge that no ownership of the Platform and its contents is being transferred. All rights, Intellectual Property, and interests in the Platform remain the exclusive property of the Company, its affiliates, or its licensors.

1.1.3. Subject to the provisions of this Policy, we grant users a limited, non-exclusive, non-transferable licence to access and use our Website and/or Services strictly for its intended purposes. This licence explicitly does not confer any ownership rights to users, and any unauthorised use constitutes a material breach of this Policy.

1.1.4. All copyright and other intellectual property rights in the material on our Platform are reserved.

1.1.5. We respect the intellectual property rights of others, and users are expected to do the same. Uploading, posting, or otherwise transmitting any content that infringes on the Company's or any third party’s intellectual property rights is strictly prohibited. We reserve the right to promptly remove any infringing content.

1.1.6. Users shall not reproduce, modify, create derivative works, distribute, licence, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Website and/or Services except as expressly permitted by the Company.

1.1.7. The Policy does not convey any right or interest in or to the Company’s Intellectual Property (or any part thereof), except only for the limited licence expressly granted above. Nothing in the Policy constitutes an assignment or waiver of the Company’s Intellectual Property rights under any law.

1.2. User’s Intellectual Property:

1.2.1. In the course of engaging with our Platform, users (Experts and Customers) may exchange confidential information, or intellectual property, including but not limited to ideas, concepts, designs, and solutions ("Exchanged IP"). While serves as a platform for connecting Experts and Customers, and does not claim ownership of Exchanged IP. The ownership of Exchanged IP shall be governed solely by the terms of the agreement entered into between the Expert and the Customer and therefore, we disclaim any responsibility or liability for the ownership, usage rights, or any other aspects related to Exchanged IP.

2.1. User Content: 

2.1.1. Users may generate and submit content, including comments, reviews, posts, and other contributions, to the Platform ("User Content"). Subject to the grant of rights in Clause 2.3 and Clause 2.4, users retain ownership of their respective User Content.

2.1.2. Users retain all rights, title, and interest in and to their respective User Content and we will not claim ownership of User Content except as expressly provided in this Policy.

2.1.3. By providing us with User Content, you grant us a worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Content. To the extent that any User Content includes the personal information of the user or third party, it will be handled in accordance with our Privacy Policy.

2.1.4. Users acknowledge and agree that:

2.1.4.1. if users elect to upload any information or User Content to the Platform they:

2.1.4.1.1. represent and warrant that they either have the rights to that information or User Content or have the necessary permission to upload, post, transmit or otherwise make available that information or User Content via the Platform; 

2.1.4.1.2. are solely responsible for that information or User Content and that we will not be liable for any loss, expenses, liabilities, costs, or damages that are caused by the information they provide on the Platform; and 

2.1.4.1.3. have procured all necessary rights from third parties, which are from time to time required in order for us to be able to provide the Website or the Services to them. 

2.1.5. For the avoidance of doubt, and in accordance with all applicable privacy laws, it is the users’ responsibility to ensure that they have received prior consent from the user or other third party required for them to provide to us their information for use under this Policy. 

2.1.6. You agree that we may refer to them, and their business name, publish their logo and/or trademark and make reference to them as our Expert or Customer as the case may be, in any communications or publications for the purposes of marketing or promoting our business provided that any proposed communication or reference is approved in writing in advance by them.

2.1.7. Users may use the Company’s Intellectual Property provided they adhere to the terms outlined in this Policy or as otherwise permitted by law. Users’ use should accurately represent their association with ExpertGate and its services without misleading others about any sponsorship, affiliation, or endorsement.

2.1.8. When referring to ExpertGate, maintain consistency by using the name "ExpertGate" in its exact format, without any alterations or variations. Please note that ExpertGate shall not be responsible for any losses incurred if your use of ExpertGate Intellectual Property misleads others about any sponsorship or affiliation with us or leads to any confusion.

2.2. Copyrighted Works: 

2.2.1. Users are prohibited from using screenshots or videos of navigation on the ExpertGate Platform or other works copyrighted by ExpertGate without obtaining written permission. Rights to screenshots of user profiles, communications, and work products on ExpertGate may need to be obtained from the respective users. Users may not use such screenshots for any purpose without prior written authorisation. ExpertGate cannot grant permission to use screenshots that include third-party content.

2.2.2. Additionally, users must refrain from using any ExpertGate branding elements such as logo in contexts such as official letterheads, business cards, or signature blocks, as part of their business or domain name, or within user IDs on ExpertGate or social media platforms. Additionally, users may not use ExpertGate marks in association with third-party trademarks in a manner that could cause confusion about ownership, imply representation or endorsement by ExpertGate, or extend usage beyond their relationship with ExpertGate. Even if permission is granted to use an ExpertGate logo mark, modifications or combinations with other entities' marks are strictly prohibited, ensuring compliance with ExpertGate's branding standards and preserving the integrity of its identity.

3.1. Copyright Infringement Claims

ExpertGate's Platform thrives on User Content. We may or may not conduct pre-screening of User Content for potential copyright or other rights infringements. However, if you suspect that any uploaded content infringes upon your copyright or related exclusive rights, please follow the process outlined below. ExpertGate diligently investigates reported violations and takes appropriate action, including removal or disabling of content found to be in violation of third-party rights.

3.1.1. Users agree not to upload or transmit any communications or User Content that infringes or violates the rights of any party while using the Platform. We do not permit infringing materials to remain on the Platform and encourage users to promptly notify us if they believe any materials on the Platform, including advertisements or linked User Content, infringe third-party copyrights.

3.1.2. If you believe any communications or User Content on ExpertGate violates your copyright, please send us a copyright infringement notice (“Copyright Infringement Notice”) under the Australian Copyright Act, 1968 (Cth) (“Copyright Act”) containing the following information:

3.1.2.1. Identification of your copyrighted work and a description of what is protected under the copyright(s) you are referring to.

3.1.2.2. Your copyright certificate(s)/designation(s) and the type, e.g., registered or unregistered.

3.1.2.3. Proof of your copyright ownership, such as the registration number or a copy of the registration certificate.

3.1.2.4. A short description of how our user(s) allegedly infringe(s) your copyright(s).

3.1.2.5. Clear reference to the materials you allege are infringing and which you are requesting to be removed, for example, the specific URL or link to the content in question.

3.1.2.6. Your complete name, address, email address, and telephone number.

3.1.2.7. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.

3.1.2.8. A statement made  that the information provided in the notice is accurate and that you are the copyright owner or the owner of an exclusive right that is being infringed, or are authorised to make the complaint on behalf of the copyright owner or the owner of an exclusive right that is being infringed. As a part of the reporting process, you must complete a Commonwealth statutory declaration form, which can be accessed here.

3.1.2.9. Your electronic or physical signature.

3.1.3. Upon receipt of a proper Copyright Infringement Notice of claimed infringement under the Copyright Act, we will respond promptly to remove or disable access to the allegedly infringing material. We will follow the procedures specified in the Copyright Act to resolve the claim between the notifying party and the alleged infringer responsible for the content.

3.1.4. To report copyright infringement issues and send a Copyright Infringement Notice, please reach out to us at legal@expertgate.org.

3.1.5. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing. If we remove or disable access, we will attempt to contact the poster of the allegedly infringing material so that the poster may provide a counter notification (the “Counter-Notice”) as described in Clause 3.1.6 (Counter-Notice Procedure).

3.2. Counter Notice Procedure:

3.2.1. If you believe that your content was removed or disabled due to a mistake or misidentification, you may file a Counter-Notice. According to the Copyright Act, a valid Counter-Notice must include the following information:

3.2.1.1. The specific content that was removed or to which access was disabled, including the location where the material appeared before it was removed or disabled.

3.2.1.2. Include a statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

3.2.1.3. Provide your name, address, and telephone number.

3.2.1.4. State that you consent to the jurisdiction of the Federal Court of Australia, and that you will accept service of process from the person who provided the original notification of infringement.

3.2.1.5. Your physical or electronic signature.

3.2.1.6. Submit your Counter-Notice to us at legal@expertgate.org. Once we receive a valid Counter-Notice, we will forward it to the party who submitted the original infringement notice. If the original complainant does not file an action seeking a court order against you within 10-14 business days, we may restore the removed content.

3.3. Trademark and Other Intellectual Property Infringement Claims

3.3.1. For claims of trademark infringement or other intellectual property infringement on ExpertGate, please send us an infringement notice (“Infringement Notice”) and provide us with the following detailed information to ensure a thorough review and response:

3.3.1.1. Clearly identify the location of the allegedly infringing content, including the specific URL or link where the work is located.

3.3.1.2. Provide comprehensive information about your trademark or other intellectual property rights, including:

3.3.1.1.1. The trademarked word(s) or symbol(s).

3.3.1.1.2. The trademark registration number(s).

3.3.1.1.3. A direct link to the trademark record(s), if available.

3.3.1.3. Include documentation or evidence that substantiates your ownership of the intellectual property in question. This can be registration certificates, documentation of first use, or other relevant proof.

3.3.1.4. Provide your full contact information, including your name, physical address, email address, and telephone number.

3.3.1.5. Specify your relationship to the trademark holder. Indicate whether you are the trademark holder or an authorised representative of the holder.

3.3.1.6. A statement asserting that you have a good faith belief that the use of the material in the manner complained of is not authorised by the intellectual property owner, its agent, or the law.

3.3.1.7. A declaration made that the information provided in the notice is accurate and that you are the intellectual property owner or authorised to act on behalf of the owner. As a part of the reporting process, you must complete a Commonwealth statutory declaration form, which can be accessed here.

3.3.1.8. Your physical or electronic signature.

3.3.2. To report intellectual property infringement claims, please send an Infringement Notice to legal@expertgate.org.

In accordance with our Policy, we reserve the right to disable or terminate the accounts of users who are found to be repeat infringers under appropriate circumstances.

Welcome to ExpertGate! We are excited to have you join our community where your expertise meets opportunity and innovation flourishes. Together, we drive progress and create a more equitable and prosperous society.

This Project Policy for Experts (the “Policy”) is designed to provide you with all the information and tools you need to make the most of your experience with ExpertGate (“ExpertGate” or "Platform," or "we," or "our," or "us"). Whether you are just getting started or are a seasoned Expert, the Policy offers detailed guidance on finding and securing projects, starting your work, ensuring timely payments, resolving payment issues, managing your Account, and maintaining trust and safety within our community. Please note that capitalised terms not defined in this Policy are defined in the Terms of Service.

WHY EXPERTGATE IS RIGHT FOR YOU?

Great Work is Rewarded:  At ExpertGate, we celebrate your hard work by offering opportunities to collaborate with industry professionals across various fields Our Platform allows you to earn significant income and contribute to projects across diverse fields such as Agriculture, Healthcare, Education, Manufacturing, Environmental, Energy, Mining and Business. Each successful project enhances your professional network, opening doors to new and exciting opportunities to contribute to around the world.

ExpertGate’s Technology Simplifies Your Work: Our state-of-the-art Platform is designed to make your professional journey smooth and efficient. Setting up your profile, finding Customers, and managing projects is a breeze with ExpertGate. Our user-friendly interface allows you to easily navigate through project postings, submit Expressions of Interests (EOIs), and maintain seamless communication with Customers. Additionally, our secure payment system ensures that you receive your earnings quickly and reliably, so you can focus on delivering top-quality work without any hassle.

A Community Committed to Your Success: At ExpertGate, your success is our mission. As you complete projects and garner positive reviews, we support your growth by connecting you with more opportunities. Our Platform fosters a collaborative and supportive community, offering resources and guidance to help you excel. Whether you seek to enhance your skills or seek advice from fellow experts, ExpertGate provides a nurturing environment for continuous professional development and business expansion.

Secure Payments: Financial security is integral to the ExpertGate experience. Our robust payment mechanisms ensure that you are compensated for the work you deliver as promised. Payments are held in Platform Secured Account until the successful completion of Services, providing you with peace of mind. Whether you are working on Fixed-price Contracts or Hourly Contracts, our payment protection guarantees fair remuneration, allowing you to focus on what you do best—delivering exceptional work.

Commitment to Social Responsibility: ExpertGate is committed to making a positive impact on society. To this end, we pledge to allocate fifty per cent (50%) of our profits to support educational initiatives in underprivileged communities. These initiatives include, but are not limited to, the development of educational courses, the training of teachers, and the provision of scholarships to deserving students. By investing in these areas, ExpertGate aims to improve educational opportunities, empower individuals within these communities, and contribute to the creation of a more equitable and prosperous society. This commitment reflects our dedication to social responsibility and our belief in the transformative power of education.

1.1. Find and Search Projects: 

Start by looking for projects on ExpertGate, which offers a wide range of opportunities in different fields. Use the search tools available on the Platform to narrow down your search and get relevant search results that suit your skills and interests, making it easier to find the right fit for you.

1.2. Direct Offer:

Occasionally, Customers may offer you work directly, without the need for an EOI or interview. When this happens, respond quickly to show your interest and secure the project before someone else does. 

1.3. Submit an Expression of Interest (EOI):

Submit your EOI for projects you are interested in. Make sure to highlight your relevant skills and experience, and explain how you can meet the Customer’s needs. You might also suggest a follow-up conversation via chat or video call to discuss details further. Please note that the contents of the EOI shall be in accordance with Clause 7 (User Content Guidelines) of our Terms of Service.

1.4. Invitation Received:

Once you receive an invitation and send in your EOI, it becomes active when the Customer replies. This opens a message room where you can have detailed conversations about the project.

1.5. Interview and Negotiate:

When a Customer invites you to an interview, it is a good sign they are interested in hiring you. Use this time to discuss the project in detail, negotiate payment and deadlines, and make sure both you and the Customer have a clear understanding of what is expected.

1.6. Change EOI Terms:

Before you enter into a Contract for a project, you have the chance to change the terms of your EOI. This means you can adjust your rates, the timeline, or any other details to better match what the Customer wants and what the project requires. Additionally, inform the Customer of any changes to ensure clarity and avoid misunderstandings.

1.7. Withdraw an EOI:

If you decide a project is not right for you, or if you take on other work, you can withdraw your EOI anytime before a contract is offered. There is no penalty for changing your mind at this stage.

1.8. Propose Milestones:

For Fixed-price Contracts, it is helpful to break the work into Milestones. This means dividing the project into smaller parts, each with its own deadline and payment. Including these Milestones in your EOI helps manage the work more effectively and ensures you get paid as you complete each part.

1.9. Entering into a Contract with the Customer:

1.9.1. Once the Customer has finalised they would like to proceed with you after meeting with you and negotiating the terms and conditions and you have accepted their offer, your project becomes an active Contract.

1.9.2. You can always discuss and decide the pace and methodology that you would like to follow for the said project, including setting specific Milestones, etc, with respective Customers. These details might also be helpful for determining the mode of payment i.e. hourly or fixed price.

1.9.3. The active Contracts will reflect in your dashboard and you can keep track of the same while keeping in constant touch with the Customer.

Subject to the payment terms outlined in our Payment and Pricing Policy, you understand and acknowledge the following-

2.1. Completing a Contract:

2.1.1. Once you have delivered the final Contract or completed the required hours for your Customer, your Contract is considered complete. It's a good practice to send an email or message notifying your Customers of the completion and availability for any questions or concerns they may have.

2.1.2. If your Contract remains open, it indicates that your Customer might still be reviewing your work. You typically receive final feedback after the project is closed. You can politely request your Customer to close the Contract once they have reviewed and finalised payment for the work.

2.2. Fixed-price Contracts: 

For Fixed-price Contracts, Customers must fund Milestones upfront into Platform Secured Account. This ensures that funds are held securely until you deliver the agreed-upon work. Once the Customer approves the Milestone, payments are promptly released to you, safeguarding your earnings.

2.3. Hourly Contracts: 

When working on Hourly Contracts, our hourly payment protection guarantees that you are compensated for every hour logged using ExpertGate's time-tracking tools. This feature ensures transparency and fairness, as Customers can review work-in-progress snapshots and verify billed hours.

2.4. Customer Feedback: 

2.4.1. Feedback from Customers is crucial for getting new Contracts and enhancing your professional standing. At ExpertGate, we've streamlined the process to ensure both you and your Customers can easily provide feedback at the end of each Contract.

2.4.2. Your feedback history is prominently displayed on your profile and across all your Contracts on ExpertGate. This transparency helps potential Customers assess your reliability, expertise, and overall performance.

2.4.3. Positive reviews not only boost your reputation but also validate your experience and skills in your field. Sharing these reviews on social media platforms enhances your credibility and attracts new Customers.

2.4.4. Reviewing Customer feedback provides valuable insights into your strengths and areas for improvement. This reflection is essential for personal growth, refining your skills, and better meeting Customer expectations.

2.4.5. By actively engaging with feedback, you strengthen your professional image and position yourself for continued success and growth in your career.

3.1. Payment Disputes and Dispute Resolution:

3.1.1. Any dispute pertaining to the payments on the Platform shall be governed in accordance with our Payment and Pricing Policy.

3.1.2. Occasionally, disputes over payments may arise during your work with Customers on ExpertGate. Customers have the option to dispute hours invoiced for the previous week if they disagree with them. 

3.1.3. Firstly, if a Customer disputes your hourly billing, we temporarily pause the Contract and set the weekly limit to zero. This action ensures that no further hours are billed until the dispute is resolved. All disputes regarding hourly billing must be resolved within 10 days. Please refer to Clause 11 of our Payment and Pricing Policy to understand how payment-related disputes are handled on the Platform.

3.2. Unresponsive Customers:

3.2.1 There may be instances where a Customer becomes unresponsive due to various reasons such as workload, technical issues, or personal emergencies. If you encounter prolonged unresponsiveness from a Customer, consider pausing work on the project until communication is restored.

3.2.2. For Fixed-price Contracts, it is advisable to complete and submit your final Milestone before ending the Contract. If the Customer fails to respond to your submission within 14 days, funds in Platform Secured Account will be automatically released. In cases where the Customer disputes your submission despite meeting agreed terms, you have the option to file a dispute for resolution. Please refer to Clause 4 (Release of funds) of our Payment and Pricing Policy to understand how and when payments are released from the Platform Secured Account.

3.2.3. For Hourly Contracts, please refer to our Payment and Pricing Policy (Clause 4.1.2) which outlines the structured timeline for the release of funds, even if Customers are not responsive ensuring transparency and accountability in all financial transactions conducted on our Platform. You understand that our Payment and Pricing Policy shall govern all payment-related issues, discrepancies, and disputes.

3.3. Troubleshooting and Additional Assistance:

For further assistance on specific payment issues or troubleshooting related to your Expert Account or payment transactions, ExpertGate provides resources and support to address concerns promptly. Whether it is updating payment methods, resolving delays, or navigating unique circumstances, you are required to raise a Ticket through the designated channel provided by ExpertGate or as otherwise provided in Clause 12 of the Payment and Pricing Policy. This Ticket serves as the official notification of the discrepancy and initiates the resolution process.

4.1. Trust and Safety:

Trust is essential for success on ExpertGate, ensuring that all interactions are conducted honestly and securely, free from fraud and scams. Our team diligently upholds these standards by establishing clear guidelines and swiftly addressing any actions or individuals that threaten the integrity of our Platform or harm you.

4.2. Non-discrimination, Inclusion, and Respect :

4.2.1. ExpertGate is dedicated to promoting a culture of nondiscrimination, inclusion, and respect across our Platform. Our mission is centred on creating economic opportunities that are equally accessible to you. Therefore, we prohibit any form of unlawful discrimination or harassment based on nationality, race, ethnicity, sex, gender, gender identity, sexual orientation, disability, veteran status, marital status, or other protected characteristics.

4.2.2. We uphold the principles of respect and inclusivity within our community. You are expected to foster an environment where everyone feels valued and accepted. We do not tolerate language or behaviour that is illegal, threatening, prejudiced, hateful, discriminatory, or harassing.

4.2.3. Furthermore, we do not engage in unlawful discrimination against any individual. Qualified Experts are welcomed without bias, and opportunities on our Platform are facilitated to minimise potential unlawful biases. It is mandatory for all Experts to comply with laws concerning discrimination and harassment at all times. 

4.2.4. You retain the freedom to make lawful decisions regarding whom you choose to work with and which projects to pursue or accept. 

4.3. Security of Your Personal Information:

Please take a moment to review our Privacy Policy which governs not only your visit to the Platform but also details the terms related to the collection of information from you, security measures, access to your data, and the transfer of your information. Rest assured, any personal information or data you share with us while using the Platform is treated with the utmost confidentiality and is strictly handled in accordance with our Privacy Policy, as well as applicable laws and regulations. If you have any objections to the transfer or use of your information, we kindly advise against using the Platform. Your privacy and trust are of utmost importance to us, and we strive to maintain the highest standards of data protection and security.

How you choose to offer and manage your expertise is entirely at your discretion. However, incorporating these proven practices from successful Experts can significantly enhance your experience on the Platform:

5.1. Communicate Early, Communicate Often:

Proactively reaching out to Customers helps alleviate concerns and fosters trust. Regular communication ensures everyone stays informed and aligned throughout the project.

5.2. When in Doubt, Ask:

Clearing up uncertainties promptly saves time and prevents misunderstandings. Asking questions demonstrates your commitment to delivering high-quality work.

5.3. Set Clear Expectations:

Transparency is key to successful collaborations. Providing honest updates and promptly addressing issues contribute to a smooth workflow.

5.4. Respect Deadlines:

Timely delivery is essential to Customer satisfaction. Informing Customers in advance if you anticipate any delays allows for proper planning and maintains professionalism.

5.5. Be a Pleasure to Work With:

Building positive relationships enhances project outcomes. Listening attentively and responding positively to Customer feedback cultivates a productive and enjoyable working environment.

5.6. Under-promise, Over-deliver:

Setting realistic expectations and delivering superior results exceed Customer expectations. Consistently providing added value demonstrates your dedication and reliability.

Incorporating these practices into your work approach can lead to mutually beneficial partnerships and sustained success on the Platform.

Welcome to ExpertGate! Your premier destination for connecting with top academic and industry Experts worldwide. At ExpertGate, we are dedicated to making knowledge and expertise accessible to all, empowering individuals and organisations to thrive. We bridge gaps and foster collaboration between you, and academic and industry professionals.

This Project Policy for Customers (the “Policy”) is designed to provide you with all the information and tools you need to make the most of your experience with ExpertGate (“ExpertGate” or "Platform," or "we," or "our," or "us"). This Policy offers detailed guidance on creating and developing a project, finding the right Experts for the right price, safely and securely paying them, resolving payment issues, managing your Account, and maintaining trust and safety within our community.

Our aim is to support you at every stage of your journey, ensuring that you have a smooth, productive, and rewarding experience on ExpertGate. Whether you need to know how to start a project and engage the Experts of the industry, navigate the Platform efficiently, or handle any challenges that arise, this Policy is your go-to resource. Please note that capitalised terms not defined in this Guide are defined in the Terms of Service.

WHY ExpertGate?

Talentpool: At ExpertGate, you can access top academic and industry Experts effortlessly. Explore our adept talent pool and collaborate with specialists of diverse backgrounds such as Agriculture, Healthcare, Education, Manufacturing, Environmental, Energy, Mining and Business. 

Simple User Interface: You have an opportunity to use our Platform with an easy-to-understand User Interface to find, and interact with the Experts smoothly and pay them effortlessly and securely. 

Customised Solutions: You can receive tailored advice and solutions that address your unique challenges and goals - finding the right level of support for projects of any size, from short-term consultations to ongoing partnerships.

Cost-Effective: Access high-level expertise without the overhead costs of full-time staff or long-term contracts.

Trust and Transparency: We believe in transparency in conducting our business and processing your information. We are committed to your privacy and protecting your rights. The payment information you submit to us will be kept confidential and will never be shared or otherwise used improperly. You can be assured that you will only pay for the Project/Course/Consultation Session that you assent to.

Platform with social awareness: We are a community that is set to make a difference. We pledge to give 50% of our profits to support educational initiatives in underprivileged communities. This includes developing courses, training teachers, and providing scholarships. By doing this, we hope to improve education, empower communities, and help create a fairer and more prosperous society.

WHO can use ExpertGate?

Whether you are an educational institution, private enterprise, government enterprise individual,  that utilises the Platform to seek and obtain services from Experts, you will always be greeted with enthusiasm at ExpertGate. Educational institutions such as universities, colleges, high schools, and businesses ranging from government enterprises to small businesses, and media outlets and individual students pursuing education at any level, are all received with open arms to take advantage of the Services we offer.

1.1. Furnishing the details:

1.1.1. While posting projects be sure to be as clear and detailed as possible. Your project description should accompany examples if possible. While categorising the project on our Platform, be accurate in picking the title, categories and sub-categories, wherever necessary. You must mention all the specific skill sets that you are looking for in the Experts. You must, without fail, mention whether you are looking for any certain experience level and estimated budget. Please view the example of a project post to get an idea of the depth of information you should provide in a project post.

1.1.2. You are encouraged to add and upload images, videos, Excel sheets, PDFs or any such other media that you think might be helpful in understanding your project and clarifying your ideas. The description may also contain links to your or any other website.

1.2. Setting the price:

1.2.1. Fixed Price Contracts: You can opt to post a project with a fixed price i.e. Fixed-price Contract. You have the option either to pay the Experts upfront after the completion of the Contract or you can pay on completion of each Milestone set up by you. Please read our Terms of Service and Payment and Pricing Policy before going ahead with setting the price.

1.2.2. Hourly Contracts: When you only want to pay for the hours that the Expert worked on, you can go for the Hourly Contracts, as clearly defined in Clause 2 of the Terms of Service. You may also choose this option when you want the flexibility in the project. When you are not sure of the chosen Expert and may want to work with them on a trial basis, the pay-per-hour option will certainly suit you well. 

1.2.3. You can definitely change the payment option after discussing with the concerned Expert. ExpertGate makes it a point that you have flexibility in that sense. Whichever mode of payment you opt for, the payment terms will apply accordingly as outlined in our Payment and Pricing Policy.

1.2.4. You must give an estimated budget for your project.  Whether it is a fixed price or hourly price, you must set a ballpark figure while budgeting the project and write it clearly in the description. You can set certain parameters while fixing the price, such as experience level, skill sets etc. You will be able to negotiate certain terms of the payment with Expert when both parties agree for the project.

2.1. Searching and reviewing: 

2.1.1. Once your Contract is online, you may receive Expressions of Interests (EOIs) from the Experts registered with us and then you can browse through their profile to see whether they will be suitable for your project. The EOIs you receive will have a detailed account of the experience and the level of expertise of the Experts. On the other hand, you can look for Experts on our Platform by simply searching via our search tool. 

2.1.2. If you have not started/posted any Contracts yet, but you are looking for an Expert to work with you, you can simply go through the profiles of the Experts and search for the right Expert that may match your expectations and initiate a dialogue with them. You can set filters for skills, experience level, price or any other suitable category for more tailored search. ExpertGate will generate a list of Experts that may match with your project requirements.

2.2. Evaluating the Expert:

2.2.1. Once you go through the EOIs sent by Experts and browse through their portfolios, earlier work, and ratings and reviews received by them, you will be able to shortlist a number of Experts easily. You can approach such a handful of Experts by contacting them through the Platform and invite them for a meeting.  

2.2.2. You may set up a meeting or use such other methods to get to know the Expert and discuss the Contract and their EOI, if any. Please note that all the communication with the Experts needs to be via ExpertGate itself. The Platform has provided you with all the necessary tools and features for effective communication, circumventing the Platform is strictly prohibited. 

2.2.3. You may also negotiate the details regarding payment for the Contract and finalise if you are sure about the Expert.

2.2.4. If for any reason you cannot finalise the Expert, you can always turn to such another Expert on your shortlist.

2.3. Entering into a Contract with the Expert:

2.3.1. Now that you have finalised the Expert after meeting with them and negotiating the terms and conditions and the Expert has accepted your offer, your project becomes an active Contract.

2.3.2. You can always discuss and decide the pace and methodology that you would like to follow for the said project, including setting specific Milestones, etc, with respective Experts. These details might also be helpful for determining the mode of payment i.e. hourly or fixed price.

2.3.3. The active Contracts will reflect in your dashboard and you can keep track of the same while keeping in constant touch with the Expert.

3.1. Assessment of the work: 

After the project has been finally submitted by the Expert, be sure to go through it in detail, ask questions, and suggest changes, if required. When you are fully satisfied with the work and certain, please close the project and pay the Experts for their job well done!

3.2. Payment: 

Subject to the payment terms outlined in our Payment and Pricing Policy, you understand and acknowledge the following :

3.2.1. Once you have thoroughly reviewed the work, there comes another important step - approval of the Milestone or the work submitted, thereby paying the Expert for their work!

3.2.2. Fixed Price Contracts: For Fixed-price Contracts, you must fund Milestones or the entire Contract as the case may be into Platform Secured Account (see Clause 3 of Payment and Pricing Policy). This ensures that funds are held securely until Experts deliver the agreed-upon work. Once you approve the Milestone or the work submitted, payments are promptly released to the Experts, ensuring that you have safely paid for the work you are satisfied with.

3.2.3. Hourly Contracts: For Hourly Contracts, our hourly payment protection guarantees that you are paying for only those hours that have been worked on. ExpertGate's time-tracking tools ensure transparency and fairness, as you can review work-in-progress snapshots and verify billed hours.

3.3. Feedback and Reviews: 

3.3.1. Please remember that honest feedback will take you a long way and it can be a value addition for the Experts as well. 

3.3.2. You should be brief and honest while writing a review for the Expert. This will allow for the desired transparency of performance.

3.3.3. You must be polite and professional when leaving a review. Your adherence to Clause 7 (User Content Guidelines) of our Terms of Service and Feedback, Review, and Rating Policy is much appreciated.

3.3.4. The ratings and reviews that you leave are crucial for the Experts as that will enhance their profiles and their reach will increase as well. This will also help the other Customers in their endeavours and assist them in vying for the right Experts.

3.3.5. The Experts can reply to your feedback and reviews. However, the responses can be negative or positive. By all means, it remains your responsibility to keep things professional and civil.

4.1. Payment Disputes and Dispute Resolution:

4.1.1. Any dispute pertaining to the payments on the Platform shall be governed in accordance with our Payment and Pricing Policy.

4.1.2. Occasionally, disputes over payments may arise during your work with Experts on ExpertGate. Customers have the option to dispute hours invoiced for the previous week if they disagree with them (see Clause 4 of our Payment and Pricing Policy). 

4.1.3. Firstly, if you dispute the hourly billing, we temporarily pause the Contract and set the weekly limit to zero. This action ensures that no further hours are billed until the dispute is resolved. All disputes regarding hourly billing must be resolved within 10 days. Please refer to Clause 11 of our Payment and Pricing Policy to understand how payment-related disputes are handled on the Platform.

4.2. Refunds:

4.2.1. There may be instances where you are unable to respond to the Expert due to various reasons such as workload, technical issues, or personal emergencies. In that case, you should convey such a situation to them and put their minds at rest. If there is prolonged unresponsiveness, the project might be paused until further communication.

4.2.2. For Fixed-price Contracts, if you fail to respond to your submission within 14 days, funds in Platform Secured Account will be automatically released.

4.2.3. For Hourly Contracts, please refer to our Payment and Pricing Policy (Clause 4.1.2) which outlines the structured timeline for the release of funds, ensuring transparency and accountability in all financial transactions conducted on our Platform. 

4.2.4. If you believe that a Milestone/Project does not meet the agreed-upon requirements, you can request a refund. The Expert will have 10 days to approve the refund request. If the Expert does not respond to the refund request within 10 days, the funds will automatically be refunded to the Customer. Please refer to Clauses 11 and 13 of our Payment and Pricing Policy to understand the terms of payment disputes and refunds.

You understand that our Payment and Pricing Policy shall govern all payment-related issues, discrepancies, and disputes.

4.3. Troubleshooting and Additional Assistance:

For further assistance on specific payment issues or troubleshooting related to your Customer Account or payment transactions, ExpertGate provides resources and support to address concerns promptly. Whether it is updating payment methods, resolving delays, or navigating unique circumstances, you are required to raise a Ticket through the designated channel provided by ExpertGate or as otherwise provided in Clause 12 of the Payment and Pricing Policy. This Ticket serves as the official notification of the discrepancy and initiates the resolution process.

5.1. Trust and Safety:

Trust is essential for success on ExpertGate, ensuring that all interactions are conducted honestly and securely, free from fraud and scams. Our team diligently upholds these standards by establishing clear guidelines and swiftly addressing any actions or individuals that threaten the integrity of our Platform or harm you.

5.2. Non-discrimination, Inclusion, and Respect :

5.2.1. ExpertGate is dedicated to promoting a culture of nondiscrimination, inclusion, and respect across our Platform. Our mission is centred on creating economic opportunities that are equally accessible to you. Therefore, we prohibit any form of unlawful discrimination or harassment based on nationality, race, ethnicity, sex, gender, gender identity, sexual orientation, disability, veteran status, marital status, or other protected characteristics.

5.2.2. We uphold the principles of respect and inclusivity within our community. You are expected to foster an environment where everyone feels valued and accepted. We do not tolerate language or behaviour that is illegal, threatening, prejudiced, hateful, discriminatory, or harassing.

5.2.3. Furthermore, we do not engage in unlawful discrimination against any individual. Customers are welcomed without bias, and opportunities on our Platform are facilitated to minimise potential unlawful biases. It is mandatory for all Customers to comply with laws concerning discrimination and harassment at all times. 

5.2.4. You retain the freedom to make lawful decisions regarding whom you choose to work with and which projects to pursue or accept. 

5.3. Security of Your Personal Information:

Please take a moment to review our Privacy Policy which governs not only your visit to the Platform but also details the terms related to the collection of information from you, security measures, access to your data, and the transfer of your information. Rest assured, any personal information or data you share with us while using the Platform is treated with the utmost confidentiality and is strictly handled in accordance with our Privacy Policy, as well as applicable laws and regulations. If you have any objections to the transfer or use of your information, we kindly advise against using the Platform. Your privacy and trust are of utmost importance to us, and we strive to maintain the highest standards of data protection and security.

5.4. Commitment to Social Responsibility:

ExpertGate is committed to making a positive impact on society. To this end, we pledge to allocate fifty per cent (50%) of our profits to support educational initiatives in underprivileged communities. These initiatives include, but are not limited to, the development of educational courses, the training of teachers, and the provision of scholarships to deserving students. By investing in these areas, ExpertGate aims to improve educational opportunities, empower individuals within these communities, and contribute to the creation of a more equitable and prosperous society. This commitment reflects our dedication to social responsibility and our belief in the transformative power of education.

How you choose to offer and manage your Contacts is entirely at your discretion. However, incorporating these proven practices from experienced Customers can significantly enhance your experience on the Platform:

6.1. Communicate Early, Communicate Often:

Proactively reaching out to Experts helps alleviate concerns and fosters trust. Regular communication ensures everyone stays informed and aligned throughout the project. Clearing up uncertainties promptly saves time and prevents misunderstandings

6.2. Give more information that you think is required:

This could help eliminate any confusion or doubts an Expert might have about the scope of your project, ensuring everything runs smoothly.

6.3. Set Clear Expectations:

Transparency is key to successful collaborations. Give realistic deadlines and Milestones. When there is any issue, providing honest feedback and notes will contribute to a smooth workflow.

6.4. Proper Budgeting is a key:

Be pragmatic in setting up a budget for your Contract. Make sure that you are neither under-paying nor overpaying. The Experts shall deliver the quality work you desire, ensuring you reward the work.

6.5. Honour the deadlines and dates :

If you have committed to reviewing and providing feedback to Experts on a specific day, ensure you adhere to that schedule. This allows them to plan accordingly and complete the remainder of your project.

6.6. Be a Pleasure to Work With:

Building positive relationships enhances project outcomes. Take into account the suggestions made by your Expert regarding your project. You hired them for their expertise and professionalism in this field, and their insights can be valuable. Be polite and honest while leaving ratings and reviews.

Incorporating these practices into your work approach can lead to mutually beneficial partnerships and sustained success on the Platform.

Welcome to ExpertGate! We are excited to have you join our community where your expertise meets opportunity and innovation flourishes. Together, we drive progress and create a more equitable and prosperous society.

This Research Policy for Experts (the “Policy”) is designed to provide you with all the information and tools you need to make the most of your experience with ExpertGate (“ExpertGate” or "Platform," or "we," or "our," or "us"). Whether you are just getting started or are a seasoned Expert, the Policy offers detailed guidance on finding and securing projects, starting your work, ensuring timely payments, resolving payment issues, managing your Account, and maintaining trust and safety within our community. Please note that capitalised terms not defined in this Policy are defined in the Terms of Service.

This Policy further outlines the ethical principles, legal compliance requirements, and best practices for undertaking research activities and projects on the ExpertGate platform. It aims to ensure that all research activities and projects undertaken by Experts and Customers together adhere to Australian laws and regulations while maintaining the highest standards of integrity and transparency.

For the purposes of this Policy, Experts must meet necessary qualifications and ethical standards to be engaged by Customers, and they are expected to adhere to ExpertGate's policies, including requirements around ethical conduct, privacy protection, intellectual property rights, and prohibitions on research misconduct.

WHY EXPERTGATE IS RIGHT FOR YOU?

Great Work is Rewarded:  At ExpertGate, we celebrate your hard work by offering opportunities to collaborate with industry professionals across various fields Our Platform allows you to earn significant income and contribute to projects across diverse fields such as Agriculture, Healthcare, Education, Manufacturing, Environmental, Energy, Mining and Business. Each successful project enhances your professional network, opening doors to new and exciting opportunities to contribute to around the world.

ExpertGate’s Technology Simplifies Your Work: Our state-of-the-art Platform is designed to make your professional journey smooth and efficient. Setting up your profile, finding Customers, and managing projects is a breeze with ExpertGate. Our user-friendly interface allows you to easily navigate through project postings, submit Expressions of Interests (EOIs), and maintain seamless communication with Customers. Additionally, our secure payment system ensures that you receive your earnings quickly and reliably, so you can focus on delivering top-quality work without any hassle.

A Community Committed to Your Success: At ExpertGate, your success is our mission. As you complete projects and garner positive reviews, we support your growth by connecting you with more opportunities. Our Platform fosters a collaborative and supportive community, offering resources and guidance to help you excel. Whether you seek to enhance your skills or seek advice from fellow experts, ExpertGate provides a nurturing environment for continuous professional development and business expansion.

Secure Payments: Financial security is integral to the ExpertGate experience. Our robust payment mechanisms ensure that you are compensated for the work you deliver as promised. Payments are held in Platform Secured Account until the successful completion of Services, providing you with peace of mind. Whether you are working on Fixed-price Contracts or Hourly Contracts, our payment protection guarantees fair remuneration, allowing you to focus on what you do best—delivering exceptional work.

Commitment to Social Responsibility: ExpertGate is committed to making a positive impact on society. To this end, we pledge to allocate fifty per cent (50%) of our profits to support educational initiatives in underprivileged communities. These initiatives include, but are not limited to, the development of educational courses, the training of teachers, and the provision of scholarships to deserving students. By investing in these areas, ExpertGate aims to improve educational opportunities, empower individuals within these communities, and contribute to the creation of a more equitable and prosperous society. This commitment reflects our dedication to social responsibility and our belief in the transformative power of education.

1.1. Find and Search Projects: 

Start by looking for projects on ExpertGate, which offers a wide range of opportunities in different fields. Use the search tools available on the Platform to narrow down your search and get relevant search results that suit your skills and interests, making it easier to find the right fit for you.

1.2. Direct Offer:

Occasionally, Customers may offer you work directly, without the need for an EOI or interview. When this happens, respond quickly to show your interest and secure the project before someone else does. 

1.3. Submit an Expression of Interest (EOI):

Submit your EOI for projects you are interested in. Make sure to highlight your relevant skills and experience, and explain how you can meet the Customer’s needs. You might also suggest a follow-up conversation via chat or video call to discuss details further. Please note that the contents of the EOI shall be in accordance with Clause 7 (User Content Guidelines) of our Terms of Service.

1.4. Invitation Received:

Once you receive an invitation and send in your EOI, it becomes active when the Customer replies. This opens a message room where you can have detailed conversations about the project.

1.5. Interview and Negotiate:

When a Customer invites you to an interview, it is a good sign they are interested in hiring you. Use this time to discuss the project in detail, negotiate payment and deadlines, and make sure both you and the Customer have a clear understanding of what is expected.

1.6. Change EOI Terms:

Before you enter into a Contract for a project, you have the chance to change the terms of your EOI. This means you can adjust your rates, the timeline, or any other details to better match what the Customer wants and what the project requires. Additionally, inform the Customer of any changes to ensure clarity and avoid misunderstandings.

1.7. Withdraw an EOI:

If you decide a project is not right for you, or if you take on other work, you can withdraw your EOI anytime before a contract is offered. There is no penalty for changing your mind at this stage.

1.8. Propose Milestones:

For Fixed-price Contracts, it is helpful to break the work into Milestones. This means dividing the project into smaller parts, each with its own deadline and payment. Including these Milestones in your EOI helps manage the work more effectively and ensures you get paid as you complete each part.

1.9. Entering into a Contract with the Customer:

1.9.1. Once the Customer has finalised they would like to proceed with you after meeting with you and negotiating the terms and conditions and you have accepted their offer, your project becomes an active Contract.

1.9.2. You can always discuss and decide the pace and methodology that you would like to follow for the said project, including setting specific Milestones, etc, with respective Customers. These details might also be helpful for determining the mode of payment i.e. hourly or fixed price.

1.9.3. The active Contracts will reflect in your dashboard and you can keep track of the same while keeping in constant touch with the Customer.

While working on the project or the research work, please ensure that you comply with the following-

2.1. Adhere to Ethical Standards:

Experts must ensure that the research work submitted by them adheres to ethical guidelines as outlined in the National Statement on Ethical Conduct in Human Research. This includes:

2.1.1. that Expert has obtained informed consent from all participants involved in their research work. Expert may provide documentation demonstrating that participants were informed about the research purpose, potential risks, and their rights, including the right to withdraw without penalty; and

2.1.2. Experts must have taken measures to ensure that the rights, dignity, and welfare of participants were respected throughout the research process. 

For the avoidance of doubt, a participant, in the context of research, refers to an individual or group that takes part in Expert’s research study or project. Participants provide data or insights that contribute to Expert’s research findings. They may be involved in various ways, such as providing information through surveys, interviews, or experiments.

2.2. Data Integrity and Methodological Rigour:

Experts must maintain high standards of accuracy, reliability, and validity in the data presented. This involves:

2.2.1. ensuring that the research findings are based on sound methodologies. Experts must conduct appropriate statistical analyses and ensure that the research work and project aligns with the objectives specified by the Customer.

2.2.2. providing clear evidence that all claims made in the research are substantiated by the data. Keep accurate records of research data and methodologies in compliance with the Australian Code for the Responsible Conduct of Research.

2.3. Data Management and Privacy:

Compliance with data protection laws, such as the Privacy Act 1988 and Australian Privacy Principles is crucial. Expert must ensure that personal data is collected, stored, and used ethically and securely.

2.4. Intellectual Property Compliance:

Expert should ensure that the research complies with the Copyright Act 1968 (Cth) and  proper attribution is given for any third-party content used in the research. Also, Expert should verify that all sources are cited correctly and that permissions are obtained for any copyrighted materials. Additionally, clarify any agreements regarding data ownership and sharing with the Customer. To further understand ownership and intellectual property rights concerning your research and project submissions, please read our Intellectual Property Policy.

2.5. Avoidance of Research Misconduct:

Be vigilant against any form of research misconduct, such as plagiarism, fabrication, or falsification of data. If any issues arise, be prepared to address them according to the procedures outlined in the Australian Code for the Responsible Conduct of Research. This includes:

2.5.1. maintain transparency in your research practices and be open to scrutiny from the Customer or other stakeholders.

2.5.2. keep thorough documentation of all research processes to support the integrity of your work.

Once you have completed the work or project, deliver it to the Customer for their review and be prepared to answer any clarifying questions the Customer may have regarding the submitted work. Please make sure that you should adhere to ethical standards in compiling your findings, including proper attribution, avoiding duplicate publication, and disclosing conflicts of interest.

Subject to the payment terms outlined in our Payment and Pricing Policy, you understand and acknowledge the following-

3.1. Completing a Contract:

3.1.1. Once you have delivered the final Contract or completed the required hours for your Customer, your Contract is considered complete. It is a good practice to send an email or message notifying your Customers of the completion and availability for any questions or concerns they may have.

3.1.2. If your Contract remains open, it indicates that your Customer might still be reviewing your work. You typically receive final feedback after the project is closed. You can politely request your Customer to close the Contract once they have reviewed and finalised payment for the work.

3.2. Fixed-price Contracts: 

For Fixed-price Contracts, Customers must fund Milestones upfront into Platform Secured Account. This ensures that funds are held securely until you deliver the agreed-upon work. Once the Customer approves the Milestone, payments are promptly released to you, safeguarding your earnings.

3.3. Hourly Contracts: 

When working on Hourly Contracts, our hourly payment protection guarantees that you are compensated for every hour logged using ExpertGate's time-tracking tools. This feature ensures transparency and fairness, as Customers can review work-in-progress snapshots and verify billed hours.

3.4. Customer Feedback: 

3.4.1. Feedback from Customers is crucial for getting new Contracts and enhancing your professional standing. At ExpertGate, we have streamlined the process to ensure both you and your Customers can easily provide feedback at the end of each Contract.

3.4.2. Your feedback history is prominently displayed on your profile and across all your Contracts on ExpertGate. This transparency helps potential Customers assess your reliability, expertise, and overall performance.

3.4.3. Positive reviews not only boost your reputation but also validate your experience and skills in your field. Sharing these reviews on social media platforms enhances your credibility and attracts new Customers.

3.4.4. Reviewing Customer feedback provides valuable insights into your strengths and areas for improvement. This reflection is essential for personal growth, refining your skills, and better meeting Customer expectations.

3.4.5. By actively engaging with feedback, you strengthen your professional image and position yourself for continued success and growth in your career.

4.1. Payment Disputes and Dispute Resolution:

4.1.1. Any dispute pertaining to the payments on the Platform shall be governed in accordance with our Payment and Pricing Policy.

4.1.2. Occasionally, disputes over payments may arise during your work with Customers on ExpertGate. Customers have the option to dispute hours invoiced for the previous week if they disagree with them. 

4.1.3. Firstly, if a Customer disputes your hourly billing, we temporarily pause the Contract and set the weekly limit to zero. This action ensures that no further hours are billed until the dispute is resolved. All disputes regarding hourly billing must be resolved within 10 days. Please refer to Clause 11 of our Payment and Pricing Policy to understand how payment-related disputes are handled on the Platform.

4.2. Unresponsive Customers:

4.2.1. There may be instances where a Customer becomes unresponsive due to various reasons such as workload, technical issues, or personal emergencies. If you encounter prolonged unresponsiveness from a Customer, consider pausing work on the project until communication is restored.

4.2.2. For Fixed-price Contracts, it is advisable to complete and submit your final Milestone before ending the Contract. If the Customer fails to respond to your submission within 14 days, funds in Platform Secured Account will be automatically released. In cases where the Customer disputes your submission despite meeting agreed terms, you have the option to file a dispute for resolution. Please refer to Clause 4 (Release of funds) of our Payment and Pricing Policy to understand how and when payments are released from the Platform Secured Account.

4.2.3. For Hourly Contracts, please refer to our Payment and Pricing Policy (Clause 4.1.2) which outlines the structured timeline for the release of funds, even if Customers are not responsive ensuring transparency and accountability in all financial transactions conducted on our Platform. You understand that our Payment and Pricing Policy shall govern all payment-related issues, discrepancies, and disputes.

4.3. Troubleshooting and Additional Assistance:

For further assistance on specific payment issues or troubleshooting related to your Expert Account or payment transactions, ExpertGate provides resources and support to address concerns promptly. Whether it is updating payment methods, resolving delays, or navigating unique circumstances, you are required to raise a Ticket through the designated channel provided by ExpertGate or as otherwise provided in Clause 12 of the Payment and Pricing Policy. This Ticket serves as the official notification of the discrepancy and initiates the resolution process.

5.1. Trust and Safety:

5.1.1. Trust is essential for success on ExpertGate, ensuring that all interactions are conducted honestly and securely, free from fraud and scams. Our team diligently upholds these standards by establishing clear guidelines and swiftly addressing any actions or individuals that threaten the integrity of our Platform or harm you.

5.1.2. Experts must implement safety measures to protect themselves, particularly in sensitive or high-risk research areas. This includes conducting risk assessments and establishing protocols for handling emergencies, as outlined in the Work Health and Safety Act 2011. For example, if an Expert is conducting field research in a remote location, they should conduct a thorough risk assessment to identify potential hazards, such as extreme weather conditions or wildlife encounters. They should establish emergency protocols, including access to first aid and evacuation plans, and ensure that all team members are trained in these procedures. Additionally, if the research involves handling hazardous materials, the Expert must use appropriate personal protective equipment (PPE) like gloves and masks to mitigate health risks. Regular safety audits of equipment and research environments are also essential to maintain compliance with safety regulations, as outlined in the Work Health and Safety Act 2011. By taking these steps, Experts can create a safer research environment and ensure their well-being while conducting high-risk research activities.

5.2. Non-discrimination, Inclusion, and Respect :

5.2.1. ExpertGate is dedicated to promoting a culture of nondiscrimination, inclusion, and respect across our Platform. Our mission is centred on creating economic opportunities that are equally accessible to you. Therefore, we prohibit any form of unlawful discrimination or harassment based on nationality, race, ethnicity, sex, gender, gender identity, sexual orientation, disability, veteran status, marital status, or other protected characteristics. Experts must ensure that their research practices do not discriminate against any individuals based on above mentioned characteristics, in accordance with the Equal Opportunity Act 2010.

5.2.2. We uphold the principles of respect and inclusivity within our community. You are expected to foster an environment where everyone feels valued and accepted. We do not tolerate language or behaviour that is illegal, threatening, prejudiced, hateful, discriminatory, or harassing.

5.2.3. Furthermore, we do not engage in unlawful discrimination against any individual. Qualified Experts are welcomed without bias, and opportunities on our Platform are facilitated to minimise potential unlawful biases. It is mandatory for all Experts to comply with laws concerning discrimination and harassment at all times. 

5.2.4. You retain the freedom to make lawful decisions regarding whom you choose to work with and which projects to pursue or accept. 

5.3. Security of Your Personal Information:

Please take a moment to review our Privacy Policy which governs not only your visit to the Platform but also details the terms related to the collection of information from you, security measures, access to your data, and the transfer of your information. Rest assured, any personal information or data you share with us while using the Platform is treated with the utmost confidentiality and is strictly handled in accordance with our Privacy Policy, as well as applicable laws and regulations. If you have any objections to the transfer or use of your information, we kindly advise against using the Platform. Your privacy and trust are of utmost importance to us, and we strive to maintain the highest standards of data protection and security.

How you choose to offer and manage your expertise is entirely at your discretion. However, incorporating these proven practices from successful Experts can significantly enhance your experience on the Platform:

6.1. Communicate Early, Communicate Often:

Proactively reaching out to Customers helps alleviate concerns and fosters trust. Regular communication ensures everyone stays informed and aligned throughout the project.

6.2. When in Doubt, Ask:

Clearing up uncertainties promptly saves time and prevents misunderstandings. Asking questions demonstrates your commitment to delivering high-quality work.

6.3. Set Clear Expectations:

Transparency is key to successful collaborations. Providing honest updates and promptly addressing issues contribute to a smooth workflow.

6.4. Respect Deadlines:

Timely delivery is essential to Customer satisfaction. Informing Customers in advance if you anticipate any delays allows for proper planning and maintains professionalism.

6.5. Be a Pleasure to Work With:

Building positive relationships enhances project outcomes. Listening attentively and responding positively to Customer feedback cultivates a productive and enjoyable working environment.

6.6. Under-promise, Over-deliver:

Setting realistic expectations and delivering superior results exceed Customer expectations. Consistently providing added value demonstrates your dedication and reliability.

Incorporating these practices into your work approach can lead to mutually beneficial partnerships and sustained success on the Platform.

Welcome to ExpertGate! Your premier destination for connecting with top academic and industry Experts worldwide. At ExpertGate, we are dedicated to making knowledge and expertise accessible to all, empowering individuals and organisations to thrive. We bridge gaps and foster collaboration between you, and academic and industry professionals.

This Research Policy for Customers (the “Policy”) is designed to provide you with all the information and tools you need to make the most of your experience with ExpertGate (“ExpertGate” or "Platform," or "we," or "our," or "us"). This Policy offers detailed guidance on creating and developing a project, finding the right Experts for the right price, safely and securely paying them, resolving payment issues, managing your Account, and maintaining trust and safety within our community. 

This Policy further outlines the ethical principles, legal compliance requirements, and best practices for undertaking research activities and projects on the ExpertGate platform. It aims to ensure that all research activities and projects undertaken by Experts and Customers together adhere to Australian laws and regulations while maintaining the highest standards of integrity and transparency.

Our aim is to support you at every stage of your journey, ensuring that you have a smooth, productive, and rewarding experience on ExpertGate. Whether you need to know how to start a research project and engage the Experts of the industry, navigate the Platform efficiently, or handle any challenges that arise, this Policy is your go-to resource. Please note that capitalised terms not defined in this Policy are defined in the Terms of Service.

WHY ExpertGate?

Talentpool: At ExpertGate, you can access top academic and industry Experts effortlessly. Explore our adept talent pool and collaborate with specialists of diverse backgrounds such as Agriculture, Healthcare, Education, Manufacturing, Environmental, Energy, Mining and Business. 

Simple User Interface: You have an opportunity to use our Platform with an easy-to-understand User Interface to find, and interact with the Experts smoothly and pay them effortlessly and securely. 

Customised Research Solutions: You can receive tailored advice and solutions that address your unique research challenges and goals - finding the right level of support for research activities and projects of any size, from short-term consultations to ongoing partnerships.

Cost-Effective: Access high-level expertise without the overhead costs of full-time staff or long-term contracts.

Trust and Transparency: We believe in transparency in conducting our business and processing your information. We are committed to your privacy and protecting your rights. The payment information you submit to us will be kept confidential and will never be shared or otherwise used improperly. You can be assured that you will only pay for the Project/Course/Consultation Session that you assent to.

Commitment to Ethical Research: ExpertGate is dedicated to promoting ethical research practices. We ensure that all research activities and projects on our Platform adhere to Australian laws including but not limited to National Statement on Ethical Conduct in Human Research (NHMRC).

Platform with social awareness: We are a community that is set to make a difference. We pledge to give 50% of our profits to support educational initiatives in underprivileged communities. This includes developing courses, training teachers, and providing scholarships. By doing this, we hope to improve education, empower communities, and help create a fairer and more prosperous society.

WHO can use ExpertGate?

Whether you are an educational institution, private enterprise, government enterprise individual,  that utilises the Platform to seek and obtain services from Experts, you will always be greeted with enthusiasm at ExpertGate. Educational institutions such as universities, colleges, high schools, and businesses ranging from government enterprises to small businesses, and media outlets and individual students pursuing education at any level, are all received with open arms to take advantage of the Services we offer.

1.1. Furnishing the details:

1.1.1. While posting projects be sure to be as clear and detailed as possible. Your project description should accompany examples if possible. While categorising the project on our Platform, be accurate in picking the title, categories and sub-categories, wherever necessary. You must mention all the specific skill sets that you are looking for in the Experts. You must, without fail, mention whether you are looking for any certain experience level and estimated budget. Please view the example of a project post to get an idea of the depth of information you should provide in a project post.

1.1.2. You are encouraged to add and upload images, videos, Excel sheets, PDFs or any such other media that you think might be helpful in understanding your project and clarifying your ideas. The description may also contain links to your or any other website.

1.2. Setting the price:

1.2.1. Fixed Price Contracts: You can opt to post a project with a fixed price i.e. Fixed-price Contract. You have the option either to pay the Experts upfront after the completion of the Contract or you can pay on completion of each Milestone set up by you. Please read our Terms of Service and Payment and Pricing Policy before going ahead with setting the price.

1.2.2. Hourly Contracts: When you only want to pay for the hours that the Expert worked on, you can go for the Hourly Contracts, as clearly defined in Clause 2 of the Terms of Service. You may also choose this option when you want the flexibility in the project. When you are not sure of the chosen Expert and may want to work with them on a trial basis, the pay-per-hour option will certainly suit you well. 

1.2.3. You can definitely change the payment option after discussing with the concerned Expert. ExpertGate makes it a point that you have flexibility in that sense. Whichever mode of payment you opt for, the payment terms will apply accordingly as outlined in our Payment and Pricing Policy.

1.2.4. You must give an estimated budget for your project.  Whether it is a fixed price or hourly price, you must set a ballpark figure while budgeting the project and write it clearly in the description. You can set certain parameters while fixing the price, such as experience level, skill sets etc. You will be able to negotiate certain terms of the payment with Expert when both parties agree for the project.

2.1. Searching and reviewing: 

`2.1.1. Once your Contract is online, you may receive Expressions of Interests (EOIs) from the Experts registered with us and then you can browse through their profile to see whether they will be suitable for your project. The EOIs you receive will have a detailed account of the experience and the level of expertise of the Experts. On the other hand, you can look for Experts on our Platform by simply searching via our search tool. 

2.1.2. If you have not started/posted any Contracts yet, but you are looking for an Expert to work with you, you can simply go through the profiles of the Experts and search for the right Expert that may match your expectations and initiate a dialogue with them. You can set filters for skills, experience level, price or any other suitable category for more tailored search. ExpertGate will generate a list of Experts that may match with your project requirements.

2.2. Evaluating the Expert:

2.2.1. Once you go through the EOIs sent by Experts and browse through their portfolios, earlier work, and ratings and reviews received by them, you will be able to shortlist a number of Experts easily. You can approach such a handful of Experts by contacting them through the Platform and invite them for a meeting.  

2.2.2. You may set up a meeting or use such other methods to get to know the Expert and discuss the Contract and their EOI, if any. Please note that all the communication with the Experts needs to be via ExpertGate itself. The Platform has provided you with all the necessary tools and features for effective communication, circumventing the Platform is strictly prohibited. 

2.2.3. You may also negotiate the details regarding payment for the Contract and finalise if you are sure about the Expert.

2.2.4. If for any reason you cannot finalise the Expert, you can always turn to such another Expert on your shortlist.

2.3. Entering into a Contract with the Expert:

2.3.1. Now that you have finalised the Expert after meeting with them and negotiating the terms and conditions and the Expert has accepted your offer, your project becomes an active Contract.

2.3.2. You can always discuss and decide the pace and methodology that you would like to follow for the said project, including setting specific Milestones, etc, with respective Experts. These details might also be helpful for determining the mode of payment i.e. hourly or fixed price.

2.3.3. The active Contracts will reflect in your dashboard and you can keep track of the same while keeping in constant touch with the Expert.

3.1. Assessment of the work: 

After the project or research work has been finally submitted by the Expert, be sure to go through it in detail, ask questions, ensure compliance with ethical standards, legal requirements, and quality expectations and suggest changes, if required. When assessing the work, consider the following:

3.1.1. Ethical Compliance: Ensure that the research work adheres to ethical guidelines as outlined in the National Statement on Ethical Conduct in Human Research. This includes verifying that:

3.1.1.1. informed consent was obtained from all participants involved in the research. Customers should ensure that the Expert has provided adequate information about the research purpose, potential risks, and participant rights, including the right to withdraw at any time without penalty; and

3.1.1.2. whether the rights, dignity, and welfare of participants were respected throughout the research process. 

For the avoidance of doubt, a participant, in the context of research, refers to an individual or group that takes part in a study or research project. Participants provide data or insights that contribute to the research findings. They may be involved in various ways, such as providing information through surveys, interviews, or experiments.

3.1.2. Evaluation of Data Integrity: Customers should carefully review the data presented in the research submission for accuracy, reliability, and validity. This involves:

3.1.2.1. confirming that the research findings are based on sound methodologies. Customers should check that appropriate statistical analyses were conducted and that the research design aligns with the stated objectives.

3.1.2.2. ensuring that all claims made in the research are substantiated by the data provided. Experts should maintain accurate records of research data and methodologies in line with the Australian Code for the Responsible Conduct of Research, 2018.

3.1.3. Intellectual Property Considerations: Customers should confirm that the research complies with the Copyright Act 1968 (Cth) and  proper attribution is given for any third-party content used in the research. Also, customers should verify that all sources are cited correctly and that permissions are obtained for any copyrighted materials.

3.1.4. Research Misconduct Vigilance: Be vigilant for any signs of research misconduct, such as plagiarism, fabrication, or falsification of data. If any issues are suspected, Customers should report them according to the procedures outlined in the Australian Code for the Responsible Conduct of Research.

When you are fully satisfied with the work and certain, please close the project and pay the Experts for their job well done!

3.2. Payment: 

Subject to the payment terms outlined in our Payment and Pricing Policy, you understand and acknowledge the following :

3.2.1. Once you have thoroughly reviewed the work, there comes another important step - approval of the Milestone or the work submitted, thereby paying the Expert for their work!

3.2.2. Fixed Price Contracts: For Fixed-price Contracts, you must fund Milestones or the entire Contract as the case may be into Platform Secured Account (see Clause 3 of Payment and Pricing Policy). This ensures that funds are held securely until Experts deliver the agreed-upon work. Once you approve the Milestone or the work submitted, payments are promptly released to the Experts, ensuring that you have safely paid for the work you are satisfied with.

3.2.3. Hourly Contracts: For Hourly Contracts, our hourly payment protection guarantees that you are paying for only those hours that have been worked on. ExpertGate's time-tracking tools ensure transparency and fairness, as you can review work-in-progress snapshots and verify billed hours.

3.3. Feedback and Reviews: 

3.3.1. Please remember that honest feedback will take you a long way and it can be a value addition for the Experts as well. 

3.3.2. You should be brief and honest while writing a review for the Expert. This will allow for the desired transparency of performance.

3.3.3. You must be polite and professional when leaving a review. Your adherence to Clause 7 (User Content Guidelines) of our Terms of Service and Feedback, Review, and Rating Policy is much appreciated.

3.3.4. The ratings and reviews that you leave are crucial for the Experts as that will enhance their profiles and their reach will increase as well. This will also help the other Customers in their endeavours and assist them in vying for the right Experts.

3.3.5. The Experts can reply to your feedback and reviews. However, the responses can be negative or positive. By all means, it remains your responsibility to keep things professional and civil.

4.1. Payment Disputes and Dispute Resolution:

4.1.1. Any dispute pertaining to the payments on the Platform shall be governed in accordance with our Payment and Pricing Policy.

4.1.2. Occasionally, disputes over payments may arise during your work with Experts on ExpertGate. Customers have the option to dispute hours invoiced for the previous week if they disagree with them (see Clause 4 of our Payment and Pricing Policy). 

4.1.3. Firstly, if you dispute the hourly billing, we temporarily pause the Contract and set the weekly limit to zero. This action ensures that no further hours are billed until the dispute is resolved. All disputes regarding hourly billing must be resolved within 10 days. Please refer to Clause 11 of our Payment and Pricing Policy to understand how payment-related disputes are handled on the Platform.

4.2. Refunds:

4.2.1. There may be instances where you are unable to respond to the Expert due to various reasons such as workload, technical issues, or personal emergencies. In that case, you should convey such a situation to them and put their minds at rest. If there is prolonged unresponsiveness, the project might be paused until further communication.

4.2.2. For Fixed-price Contracts, if you fail to respond to your submission within 14 days, funds in Platform Secured Account will be automatically released.

4.2.3. For Hourly Contracts, please refer to our Payment and Pricing Policy (Clause 4.1.2) which outlines the structured timeline for the release of funds, ensuring transparency and accountability in all financial transactions conducted on our Platform. 

4.2.4. If you believe that a Milestone/Project does not meet the agreed-upon requirements, you can request a refund. The Expert will have 10 days to approve the refund request. If the Expert does not respond to the refund request within 10 days, the funds will automatically be refunded to the Customer. Please refer to Clauses 11 and 13 of our Payment and Pricing Policy to understand the terms of payment disputes and refunds.

You understand that our Payment and Pricing Policy shall govern all payment-related issues, discrepancies, and disputes.

4.3. Troubleshooting and Additional Assistance:

For further assistance on specific payment issues or troubleshooting related to your Customer Account or payment transactions, ExpertGate provides resources and support to address concerns promptly. Whether it is updating payment methods, resolving delays, or navigating unique circumstances, you are required to raise a Ticket through the designated channel provided by ExpertGate or as otherwise provided in Clause 12 of the Payment and Pricing Policy. This Ticket serves as the official notification of the discrepancy and initiates the resolution process.

5.1. Trust and Safety:

Trust is essential for success on ExpertGate, ensuring that all interactions are conducted honestly and securely, free from fraud and scams. Our team diligently upholds these standards by establishing clear guidelines and swiftly addressing any actions or individuals that threaten the integrity of our Platform or harm you.

5.2. Non-discrimination, Inclusion, and Respect :

5.2.1. ExpertGate is dedicated to promoting a culture of nondiscrimination, inclusion, and respect across our Platform. Our mission is centred on creating economic opportunities that are equally accessible to you. Therefore, we prohibit any form of unlawful discrimination or harassment based on nationality, race, ethnicity, sex, gender, gender identity, sexual orientation, disability, veteran status, marital status, or other protected characteristics.

5.2.2. We uphold the principles of respect and inclusivity within our community. You are expected to foster an environment where everyone feels valued and accepted. We do not tolerate language or behaviour that is illegal, threatening, prejudiced, hateful, discriminatory, or harassing.

5.2.3. Furthermore, we do not engage in unlawful discrimination against any individual. Customers are welcomed without bias, and opportunities on our Platform are facilitated to minimise potential unlawful biases. It is mandatory for all Customers to comply with laws concerning discrimination and harassment at all times. 

5.2.4. You retain the freedom to make lawful decisions regarding whom you choose to work with and which projects to pursue or accept. 

5.3. Security of Your Personal Information:

Please take a moment to review our Privacy Policy which governs not only your visit to the Platform but also details the terms related to the collection of information from you, security measures, access to your data, and the transfer of your information. Rest assured, any personal information or data you share with us while using the Platform is treated with the utmost confidentiality and is strictly handled in accordance with our Privacy Policy, as well as applicable laws and regulations. If you have any objections to the transfer or use of your information, we kindly advise against using the Platform. Your privacy and trust are of utmost importance to us, and we strive to maintain the highest standards of data protection and security.

5.4. Commitment to Social Responsibility:

ExpertGate is committed to making a positive impact on society. To this end, we pledge to allocate fifty per cent (50%) of our profits to support educational initiatives in underprivileged communities. These initiatives include, but are not limited to, the development of educational courses, the training of teachers, and the provision of scholarships to deserving students. By investing in these areas, ExpertGate aims to improve educational opportunities, empower individuals within these communities, and contribute to the creation of a more equitable and prosperous society. This commitment reflects our dedication to social responsibility and our belief in the transformative power of education.

How you choose to offer and manage your Contacts is entirely at your discretion. However, incorporating these proven practices from experienced Customers can significantly enhance your experience on the Platform:

6.1. Communicate Early, Communicate Often:

Proactively reaching out to Experts helps alleviate concerns and fosters trust. Regular communication ensures everyone stays informed and aligned throughout the project. Clearing up uncertainties promptly saves time and prevents misunderstandings

6.2. Give more information that you think is required:

This could help eliminate any confusion or doubts an Expert might have about the scope of your project, ensuring everything runs smoothly.

6.3. Set Clear Expectations:

Transparency is key to successful collaborations. Give realistic deadlines and Milestones. When there is any issue, providing honest feedback and notes will contribute to a smooth workflow.

6.4. Proper Budgeting is a key:

Be pragmatic in setting up a budget for your Contract. Make sure that you are neither under-paying nor overpaying. The Experts shall deliver the quality work you desire, ensuring you reward the work.

6.5. Honour the deadlines and dates :

If you have committed to reviewing and providing feedback to Experts on a specific day, ensure you adhere to that schedule. This allows them to plan accordingly and complete the remainder of your project.

6.6. Be a Pleasure to Work With:

Building positive relationships enhances project outcomes. Take into account the suggestions made by your Expert regarding your project. You hired them for their expertise and professionalism in this field, and their insights can be valuable. Be polite and honest while leaving ratings and reviews.

Incorporating these practices into your work approach can lead to mutually beneficial partnerships and sustained success on the Platform.

This Software Licence Agreement (the “Agreement”) is a legal agreement between you and ExpertGate, its subsidiaries, and affiliates ("Company," "we," "our," or "us"). This Agreement outlines the framework for installing, using, copying, or distributing all or any portion of the ExpertGate software (“Software”), you accept and agree to be bound by all of the terms and conditions of this Agreement. Please note that capitalised terms not defined in this Agreement are defined in the Terms of Service.

ExpertGate agrees to licence the Software to you only if you accept all the terms contained in this Agreement. By installing, using, copying, or distributing all or any portion of the Software, you accept and agree to be bound by all of the terms and conditions of this Agreement. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.

For the avoidance of doubt, this Agreement applies to all parties interacting with ExpertGate, including but not limited to Customers, Experts, contractors, employees, sub-contractors, and any other users of the Platform and/or Services, regardless of whether they utilise our Services or merely access the Platform.  Further, by accepting the terms outlined in this Agreement, either by implication or expressly, you also accept and agree to be bound by our other policies (whether explicitly incorporated here by way of a reference or otherwise available on the Platform)  governing the use of our Platform, including but not limited to the Terms of Service and Privacy Policy. 

PRIOR TO ENGAGING WITH OUR PLATFORM AND/OR SERVICES, PLEASE THOROUGHLY REVIEW THIS AGREEMENT. BY ACCESSING, NAVIGATING, OR OTHERWISE UTILISING OUR PLATFORM AND/OR SERVICES, YOU ASSERT YOUR COMMITMENT TO ADHERE TO THE TERMS SET FORTH HEREIN ALONG WITH OUR OTHER PLATFORM POLICIES INCLUDING BUT NOT LIMITED TO TERMS OF SERVICE AND PRIVACY AGREEMENT. SHOULD ANY PORTION OF THIS AGREEMENT BE INCONGRUENT WITH YOUR VIEWS, WE REQUEST THAT YOU REFRAIN FROM ENGAGING WITH OUR PLATFORM AND SERVICES. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR USE THE PLATFORM.

1.1. In this Agreement the following expressions have the following meanings unless otherwise stated: 

1.1.1. “Intellectual Property Rights” shall have the meaning as ascribed to it in the Terms of Service and the Intellectual Property Policy;

1.1.2. “Privacy Laws” means the Privacy Act 1988 (Cth), Privacy and Data Protection Act 2014 (Vic) and the General Data Protection Regulation (EU 2016/679) (as applicable). For the avoidance of doubt, if you are accessing our Platform outside of Australia, you agree to access it in compliance with your own jurisdictional privacy laws that are applicable; 

1.1.3. “Privacy Policy” means our privacy policy available at https://beta.expertgate.org/policy-library#privacy_policy ; and

1.1.4. “Terms of Service” means our Terms of Service available at https://beta.expertgate.org/policy-library#terms_of_service that regulates the use of the Platform. 

1.2. Interpretation: Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified. 

Subject to your compliance with the terms and conditions of this Agreement, ExpertGate grants you a revocable, non-exclusive, non-transferable, limited right to access, install and use the available version of the Software on wireless electronic devices owned or controlled by you. This licence allows for both personal and internal business use, depending on your purpose to use the Software. This Licence is granted for your use solely in connection with work you perform on or through our Software.

3.1. Pursuant to Clause 11 of the Terms of Service, you agree not to: 

3.1.1. modify the Software or merge any aspect of the Software with another program other than as  expressly provided under this Agreement; 

3.1.2. encumber, transfer, sub-licence, sell, rent, lease, assign, distribute, transmit, host, outsource,  disclose or otherwise commercially exploit the Software or make the Software available to any  third party (including, but not limited to, providing Platform login details or passwords, or  otherwise provide access to or features of the Platform, to an unauthorised third party) or any party outside of Australia; 

3.1.3. publish, redistribute, sublicense or sell the Software or any information or material associated with the Software;

3.1.4. attempt to decipher, decompile, disassemble or reverse engineer or otherwise attempt to derive source code from the Software;

3.1.5. copy or use the Software for any purpose other than as permitted in this Agreement; 

3.1.6. engage in unlawful behaviour, including unauthorised access to or use of data, services,  systems or networks, including any attempt to probe, scan or test the vulnerability of a  system or network or to breach security or authentication measures;

3.1.7. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by ExpertGate or any other third party (including another user) to protect the Software;

3.1.8. remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols  or labels in the Software; 

3.1.9. make derivative works of, disassemble, reverse compile any part of the Platform (except to the extent applicable laws specifically prohibit such restriction for interoperability purposes, in which case you agree to first contact us and provide us with an opportunity to create such changes as are needed for interoperability purposes). You may  not release the results of any performance or functional evaluation of any of the Software to  any third party without our prior written approval for each such release, unless otherwise  agreed by us, in our sole discretion;

3.1.10. perform, nor release the results of any testing of the Software to any third party without the prior written consent of ExpertGate;

3.1.11. engage in any unauthorised resale or commercial use of the Software;

3.1.12. use any data mining, robots, or similar data gathering and extraction tools on the Software;

3.1.13. use the Software in a manner that could damage, disable, overburden, or impair our services or interfere with any other party's use and enjoyment of the Platform; and/or

3.1.14. advocate, encourage, or assist any third party in doing any of the foregoing.

3.2. Any breach of this clause constitutes a breach of this Agreement and we may, at our absolute discretion, terminate or suspend your access to, and/or use of, the Platform. We reserve the right to investigate and take strict actions against such violations as permitted by the law.

4.1. In accordance with our Intellectual Property Policy, you acknowledge that all rights, title, Intellectual Property and interests in the Platform remain the exclusive property of the Company, its affiliates, or its licensors. The Software is only being licensed to you and no ownership is transferred to you. Your rights to use the Platform shall be limited to those expressly granted in this Agreement. All rights not expressly granted to you are reserved to ExpertGate or its licensors or third-party providers.

4.2. You understand and acknowledge Software is licensed, not sold, to you for use pursuant to the terms of this Agreement. All rights not expressly granted to you are reserved to ExpertGate or its licensors or third-party providers. You acknowledge that ExpertGate or its licensors or third-party providers own all rights, title, and interest, including without limitation all Intellectual Property Rights, in and to the Software, portions thereof, or any information or material provided through or in conjunction with the Software. Your rights to use the Software are limited to those expressly granted in this Clause. All rights not expressly granted to you are reserved by ExpertGate, its licensors, or third-party providers.

4.3. For the avoidance of doubt, please read the Intellectual Property Policy carefully. Expertgate assumes no liability for any consequences arising from your failure to read the Intellectual Property Policy thoroughly. 

5.1. This Agreement shall remain in full force and effect while you install, use, copy or distribute the Platform. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES AND/OR PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

5.2. In addition to terminating or suspending your access, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

5.3. This Agreement terminates immediately and without notice from ExpertGate if you fail to comply with any of its provisions. Upon termination, you shall immediately discontinue use of and destroy the Platform and all copies or portions thereof.

5.4. The provisions of Indemnification, Disclaimer of Warranties, and Limitation of Liability will survive any termination of this Agreement. The termination of this Agreement does not limit ExpertGate’s other rights it may have by law.

6.1. THE PLATFORM AND OUR SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM'S CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND ITS SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, AND (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

6.2. The Platform allows you to interact with other users. You recognise that in that case the Platform only acts as the introducer or the facilitator. ExpertGate shall not be held accountable for any such other user, in case of loss of profit, goodwill, data or any other damage.   

6.3. Except as provided in this Agreement, no further warranty, condition, undertaking, or term, express or implied, statutory or otherwise as to the condition, quality, performance, or fitness for the purpose of the services provided in accordance with this Agreement is given by us, other than as required by law. All implied warranties are hereby excluded.

6.4. The computer programs are inherently complex, and the Platform may not be free of errors. The Platform is provided with all faults and the entire risk as to satisfactory quality, performance, accuracy and effort is with you. Expertgate disclaims any warranties regarding the security, reliability, timeliness and performance of the Platform. you understand and agree that you download and use the Platform at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download or use of the Platform.

6.5. To the maximum extent allowed by law, ExpertGate disclaims any liability for unauthorised access to or misappropriation of your personal information or private communications by third parties.

6.6. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In jurisdictions which do not allow the exclusion of implied warranties, any implied warranties are limited in duration to ninety (90) days from the date of delivery of the Software or to the minimum prescribed by law. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

6.7. This provision shall survive the termination of this Agreement, but this shall not imply or create any continued right to use the Software after termination of this Agreement.

7.1. We bear no responsibility for any secondary, resultant, or incidental harm that may occur due to the utilisation or inability to utilise the Platform and/or Services. 

7.2. In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Platform and/or Services, even if we have been advised of the possibility of such damages.

7.3. We shall not be liable for: 

7.3.1. unsuccessful transactions, delays, or financial losses due to events beyond our control or third-party services;

7.3.2. the Platform not meeting individual requirements, containing defects, or causing damage due to cyber attacks or other breaches beyond our control;

7.3.3. internet transmissions not being entirely private or secure; messages may be read by others; and/or

7.3.4. under various legal theories, we shall not be liable for loss of profits, revenue, goodwill, or any indirect or consequential damages arising from the use of the Platform and/or Services. Users should be aware of potential risks in internet transmissions.

7.4. You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for our Services to you, and such limitations will apply even if we have been advised of the possibility of such liabilities.

7.5. You recognise that utilising Services and engaging with third-party services through the Platform involves inherent risks. We cannot ensure specific outcomes from such interactions and usage. Therefore, you assume all associated risks, liabilities, and potential harm that may arise from these interactions. These risks include but are not limited to, misrepresentation of information by third-party services, breaches of warranty or contract, rights violations, and any resulting claims or consequences.

7.6. IN NO EVENT SHALL THE LIABILITY OF EXPERTGATE EXCEED THE TOTAL AMOUNT PAID BY THE USER IN THE SIX (06) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY UNDER THIS AGREEMENT. THIS LIMITATION SHALL NOT APPLY TO ANY LOSS THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. THE SAID LIMITATION SHALL SERVE AS THE SOLE AND EXCLUSIVE REMEDY FOR MONETARY DAMAGES ARISING FROM ANY BREACH OR DEFAULT UNDER THIS AGREEMENT BY EXPERTGATE.

8.1. You are responsible for complying with trade regulations and both foreign and domestic laws. You acknowledge that the Software or its underlying technology may not be downloaded to, or exported or re-exported:

8.1.1. into (or to a resident or national of) any country or territory subject to financial and economic sanctions, trade embargoes, or similar restrictions imposed by the Australian government, including but not limited to Zimbabwe, Libya, Iran, Syria, and Russia; and

8.1.2. to anyone listed as a prohibited, sanctioned, debarred, or denied party by the Australian Department of Foreign Affairs and Trade (DFAT) or any other relevant Australian government agency.

8.2. You must obtain any required licence or government authorization before accessing our Services if you fall under any of these categories. It is your responsibility to ensure compliance with all applicable Australian export control laws and regulations.

Please take a moment to review our Privacy Policy which governs not only your visit to the Platform but also details the terms related to the collection of information from you, security measures, access to your data, and the transfer of your information. Rest assured, any personal information or data you share with us while using the Software is treated with the utmost confidentiality and is strictly handled in accordance with our Privacy Policy, as well as applicable laws and regulations. If you have any objections to the transfer or use of your information, we kindly advise against using the Software. Your privacy and trust are of utmost importance to us, and we strive to maintain the highest standards of data protection and security.

ExpertGate reserves the right to modify or change this Agreement from time to time without notice to you. The latest version will be available on the Platform. Your election to continue use of the Software, after the date of posting of these modifications to the Agreement or to the Software constitutes acceptance of those modifications. If you do not agree with the modifications, do not use the Software.

You are solely and exclusively responsible for your use of the Services:

11.1. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand received or suffered by us, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of (1) your contributions; (2) your use of the Software, Services, App, and/or the Content; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; (6) any overt harmful act toward any other user of the Platform with whom you connected via the Platform; or (7) any inaccuracies or errors in the results provided by the Platform. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.

You expressly acknowledge and agree that we shall have the right to enforce these Terms against you, which shall be construed in accordance with the applicable laws of Sydney, New South Wales, Australia. Any disputes arising out of this Agreement shall be governed in accordance with the Dispute Resolution Policy (see Clause 23 of  Terms of Service).

13.1. Severability: If any provision of this Agreement or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.

13.2. Assignment: You may not assign this Agreement or sublicense, assign, transfer or delegate any right or duty hereunder, without the prior written consent of ExpertGate, at our sole discretion. Notwithstanding the foregoing, ExpertGate may assign or transfer this Agreement or any rights granted hereunder without your prior consent. This Agreement is binding on and will insure to the benefit of the parties' successors and permitted assigns.

13.3. Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be enforceable against the parties actually executing such counterparts, and all of which together shall constitute one instrument. The parties may enter into this Agreement by accepting any such counterpart.

13.4. Entire Agreement: This Agreement, along with the other policies, constitutes the sole and exclusive agreement between you and ExpertGate regarding the Services. It supersedes all prior agreements and understandings related to the Services, applicable to actions occurring after the effective date of these Terms.