“Expert” means an individual who registers, sets up a profile and provides Services through the website.
“Client” means an individual who registers, sets up a profile and uses the Services through the website.
“Confidential Information” includes trade secrets, information relating to any business (Client, Expert and Guest), any information provided for or resulting from the Services.
“Content” means any and all material, links, words and images the Expert or Client submits or links to the website.
“Guest” means an individual who registers and attends a call with a Client.
“the website” means TradeSecrets.guru
“Services” includes the provision of advice, information, mentoring and other consulting services which may be provided through the website.
“We”, “our” and “us” means TradeSecrets.guru and Trade Secrets International Pty Ltd.
“You” means the Expert, Client or Guest as may be relevant, using our Services and by doing so, agree to these Terms.
SERVICES AND CONDUCT
We are in no way affiliated with any Expert, Client or Guest beyond providing a third party facilitator service to permit Clients to access Experts for the Services. We do not make any representations nor are we involved in, responsible or liable for any Services beyond ensuring that the Client is able to access the Services.
You will at all times act honestly and with integrity in all your dealings in relation to your use of the Services. This includes engaging in and promoting honest and ethical conduct, including the ethical handling of actual or apparent conflicts of interest, and maintaining confidentiality. You will not make promises or commitments that are not intended or unable to be honoured and no false or misleading statements, which includes but is not limited to statements which are misleading by omission.
Call Recording: Any recording of any calls is prohibited without the express permission of all parties involved. Any additional network or other costs for any recording will be borne in full by the person is conducting the recording.
Please note however, that our third party communication service provider records and retains call recordings. All call recording data is stored in a safe, secure environment accessible only by limited staff and employees and in a format which can be proven to be unaltered and authentic in a court of law. These recordings may only be used in the event of legal dispute or if compelled by a regulatory authority to be produced.
We may, from time to time, also use the call recordings for our own research purposes to be able to improve customer experience and to ensure we maintain the quality of the service but at no time will any call recordings be provided to Experts, Clients or Guests or any third party unless required by a court of law or other regulatory requirement. We generally retain all calls recorded for a minimum of 3 months and do not otherwise permit the call recordings to be released.
General: You must register in advance in order to access and use the Services on our website and/or any associated services. You must be 18 years of age or older to use our Services.
By submitting any Content to the website, you represent that you have the ownership rights and title to this information and material, and have the right to present and publish it. You also represent that you are not breaching any regulations, restrictions or third party rights and warrant that you have the necessary licenses, certificates or other regulatory qualifications to represent yourself in the capacity you do on your profile and provide any advice you may be asked to provide. You also agree to ensure that your credentials and profile details and Content are accurate and up-to-date.
We can remove your profile and block your access to the website at any time in our sole discretion, including but not limited to the event that we believe you are breaching these Terms or not using the Services in good faith, for the purposes intended. If we have any reason to believe you are involved in illegal conduct, behaviour, false or misleading activities, immoral violations or any other conduct which may be offensive, we may report you to the relevant authorities.
Payment Terms: Payment for Services is made by using one of our nominated agreed payment methods. Payment is calculated based on call duration and the Expert’s fee basis.
All payments are processed by PayPal. We accept payment in foreign currencies processed at the PayPal exchange rates specified at the time of the transaction.
At all times, Experts and Clients pay their own local network service charges which are subject to local network fees and calculations.
Trade Secrets will not be held responsible for Client non- or partial payment.
All refunds are processed in accordance with our Refund Policy.
Experts: You agree to provide all advice and any Services through our agreed schedule process using our call service. All payments are to be made through the nominated account at the agreed rate provided to Clients. Our fees are automatically deducted and both you and we are paid through this agreed system and format. You will not use or accept any payment outside this agreed system from any Client, Guest or other Expert.
You agree and warrant that you will:
- Use Professional Conduct: at all times conduct yourself in a professional manner and will not in any way directly or indirectly damage Trade Secrets’ reputation. You agree to respond to all Client contact and queries in a timely manner and ensure you are prompt and available for all appointments arranged and scheduled. The fees you quote for Services on your profile may be changed or altered at any time by you at your discretion
- Not advise outside of Services: not to arrange any advice or provide any Services to any Clients that you have been introduced to through the website, outside of our Terms. Any Client that you have been introduced to through our website remains a Client of the website at all times
- Ensure No Personal Benefit: will manage any Client or Guest relationships where you have or may have the potential to obtain any personal benefit from the relationship in a legal and professional manner
- Manage Disputes: take up any issue, dispute or litigation directly with the Client or Guest and we will in no way be involved. You agree to notify us of all disputes immediately upon becoming aware
- Manage Litigation: take over any litigation that any Client may commence against us which is either directly or indirectly related to your provision of any Services. You agree and undertake to indemnify us and keep us at all times fully indemnified from and against any claims demands costs damages or awards whatsoever arising directly or indirectly as a result of any Content placed by you on our website or any Services provided by you.
You agree at all times to abide by our Refund policy and are responsible for managing all appointment calls and Clients according to this policy.
Calls and Scheduling: You are solely responsible for maintaining the security of your PIN and call details provided. You agree to keep these details confidential and secure and not to disclose them to anyone else.
You are responsible for notifying the Client directly and arranging another scheduled call if you are unable to attend. We are in no way responsible for any missed calls by either the Expert or Client.
Clients and Guests:
Our Role: You agree that we are a third party facilitator only and that any Services you receive is a contract between you and the Expert. We are in no way directly or indirectly responsible for any advice you may receive, any action you take based on this and we make no warranty in relation to any advice or Service.
Disputes: Should you have a dispute with any Expert or their provision of the Services, this is solely between you and the Expert. We are in no way to be involved, either directly or indirectly, in any dispute. Any issues, litigation or dispute will be taken up directly with the Expert. You agree to notify us of any dispute immediately.
Expert Credentials and Advice: You acknowledge that you must make your own investigations in relation to any Expert and that we are not required to check nor do we warrant or guarantee the credentials, experience or the profile of any Expert. You request and rely on any Services solely at your own risk.
You also agree that you rely on and act on any advice, recommendations or any information provided by the Expert at your own risk. The Expert is only providing the information and Services for your consideration but is not responsible for how you may choose to use or rely on the information and Services. The Expert is not responsible for any loss or damage you or your business may incur as a result of the provision of their Services and you need to exercise your own due diligence, judgment, seek further opinions and it is your responsibility to ensure it is appropriate for your particular circumstances.
Calls and Scheduling: You are solely responsible for maintaining the security of your PIN and call details provided. You agree to keep these details confidential and secure and not to disclose them to anyone else.
You will be charged for any call and Services that anyone uses with these details.
You are responsible for notifying the Expert directly and arranging another scheduled call if you are unable to attend. We are in no way responsible for any missed calls by either the Expert or Client.
AGREEMENT FOR REGISTRATION
To be eligible to register and to access and use our website Services, you agree to the following:
You warrant that:
- The information you post or advertise on the website is genuine, true and accurate;
- You will keep your information updated and ensure any Content you include on your profile, links or website complies with applicable laws, codes and regulations; and
- All material and Content you link to from our website is accurate, reliable, up-to-date, lawful, and not misleading or offensive.
You acknowledge and agree:
- We are a facilitator only for the purposes of permitting businesses and individuals use our Services to share information and advice through the website. At no time do we guarantee or endorse any advice, information or otherwise that you may receive at any time;
- We list all profiles and Experts in the same manner, on the same basis and do not promote or recommend any one Expert or business over any other, nor are we affiliated in any manner with any Expert or business. From time to time we may feature or highlight particular Experts but these are based on Client feedback and other factors which are subjective and not due to any business or other affiliation between us and any Expert; and
- Any products or Services that are accessed through our Services are done directly between Client and Expert, and it is a contractual relationship between the Client and Expert. Any disputes, issues, dealings, complaints are to be dealt with directly between the Client and Expert and we are not to be in any way involved.
We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will do our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the website becomes unavailable for any lengthy and unusual time period.
By using this website, you authorize us to use, reuse and to grant others the right to use and re-use your Content and any reproduction or similar in any form of media or technology for any purpose related to the website.
You agree and acknowledge that the website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.
You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.
You may terminate your profile(s) at any time. You are still responsible for your obligations in relation to any outstanding fees, Services or other owed to any individual, including TradeSecrets.guru.
When you delete your profile, all of your content, material and links will be deleted and you will not be able to retrieve these at any time. We may retain your profile data in a securely stored environment for a period of up to 3 months in the event we are required or compelled by any regulatory authority or court to produce it but we will not release it for any other purpose. All information will be automatically destroyed after this period.
WE MAY TERMINATE YOUR PROFILE AT ANY TIME: We have the right to terminate your profile and use of our Services for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.
If we have reasonable grounds to suspect the information or any Content you provide on our website is untrue, inaccurate or incomplete, or that you have breached any Terms, if your Content is offensive, or for any other reason including if, in our opinion, you have breached the purpose of our website, at our sole discretion we have the right to immediately withdraw your profile and information links and terminate your account. We also may terminate your use of the website and Services if we receive complaints, you do not make payments, or do not deliver Services as required and agreed. We may also deny the use of our website and Services to you in the future.
Upon such termination, regardless of the reasons, your right to use the website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account, profile and all related information and files. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
We may, but are not obligated to, remove any Content that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or violates a third party’s intellectual property or these Terms.
MODIFICATION OF WEBSITE AND CONTENT
We reserve the right at any time and from time to time to remove, delete, alter or amend any Content or the website. In particular, if we believe the Content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice.
We shall not be liable to you or any third party for any modification when it is required.
CONFIDENTIALITY AND CONFLICTS OF INTEREST
You agree not to disclose any Confidential Information to any person except your employees that have signed a written confidentiality agreement with similar or more restrictive obligations as set out in this clause. In addition, you have made them aware of the duty of confidentiality and to only disclose Confidential Information necessary for authorised use and for the sole purpose of assisting you in your business as agreed prior between Client, Expert and Guest.
You undertake to ensure that other persons do not gain access to the Confidential Information other than as permitted under this clause. You may only disclose the Confidential Information (to the extent reasonably necessary) to your legal advisors in relation to your rights and obligations under these terms or where such disclosure is required by regulation or law provided you have first notified the relevant parties affected.
All Clients, Guests and Experts have a duty to advise of any apparent, actual and potential conflicts of interest that may arise and any potential effect on the provision of the Services prior to, or at any time during the provision of the Services. You must fully disclose any apparent, actual and potential conflict of interest to all parties immediately upon becoming aware. At such time all parties involved may decide to cease or continue the provision of Services with each party paying all outstanding fees due up to and including this time. Experts may suggest alternative providers of the Services if they feel it appropriate to do so.
You acknowledge that due to the unique nature of the Services and confidential information, any breach by you under the terms of the confidentiality or conflicts requirements under this clause would result in irreparable harm to us and our service providers for which there may be no adequate remedy. Any breach or suspected breach by you, your employees, partners or as a result of your actions entitles the affected party to injunctive relief, other equitable relief and whatever remedies available at law.
You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of the Services or our website. You acknowledge and agree that we are third party facilitator only and are not in any way responsible for the conduct of any Client, Guest or Expert. We are in no way to be held liable, directly or indirectly for any loss or damage that may result from any reliance on any advice, information or Services.
Our liability to you will not exceed the amount actually paid by you or to you for the last invoice of Services rendered.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.
All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of Trade Secrets International Pty Ltd.
All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or any of our Experts.
You are solely responsible for obtaining written permission before reusing any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
The Services Clients receive is a contract between the Client and Expert. Trade Secrets is a third party facilitator and cannot mediate, arbitrate or otherwise be involved in assessing the validity of a claim.
If at any point of a call an Expert is unhappy with the conduct of a Client or feels they are unable to assist further, they should explain this and politely end the call. Further private or public feedback may be left through our system.
If a Client is unsatisfied with Services, it is their responsibility to openly and immediately discuss any concerns with the Expert and if the problem persists, to politely end the call. Private or public feedback may be left through our system.
If the Client wishes to complain further after the call, they should approach the Expert through onsite messaging. Experts are expected to reply promptly and with courtesy to their customers and demonstrate, where possible, how the feedback will help them improve.
Feedback, wherever it is provided, must be factual, constructive and respectful.
If the Client still feels unsatisfied, they must act according to our refund policy below.
If, after exhausting all avenues in the refund policy, the Client is still unsatisfied, they may escalate to their financial institution, such as their card issuer.
The information provided by Experts is a non-tangible good that cannot be returned, even though the Client may have benefitted from substantial parts of a call.
Trade Secrets provides opportunity to assess an Expert prior to commitment through their profile, credentials, feedback received, and through messaging, where questions can be asked prior to commitment. A call can be ended at any time. Clients have substantial control over call length, which runs at the expense of the Expert (their time and network charges), as well as Trade Secrets’ running costs. Trade Secrets cannot arbitrate.
In the event of a refund claim, the Client acknowledges the above but remains unsatisfied.
With these dynamics in mind, our refund policy is designed to hedge between the various needs of everyone involved.
Types of refund
One of two types of refund are provided, depending on the stage the call reached when the Client ended the call:
1. No-quibble, first 10 minutes of expert fees. If a Client is unsatisfied with the Services provided by the Expert, they are entitled to a refund of all fees paid up to a maximum of the first 10 minutes of a call. If the call continues beyond 10 minutes, it is understood by the Client that they have chosen to continue the call at their own expense, now including the first 10 minutes, and at this stage no full refund is available. The Client must complete refund request form A in 'Payments' tab if they wish to request this type of refund. The Expert agrees to refund all fees paid relating to this appointment and these may be recovered automatically or by invoice. Calls involving redials are treated as consecutive parts of the same call and partial minutes will be rounded up.
2. 50% refund of the last 15 minutes of fees at the Expert’s discretion. This refund option is available in special circumstances only and excludes the first 10 minutes. Clients are expected to politely end the call within 10 minutes if they are unhappy with the Service, and claim a refund under (1) above if they wish. If a Client becomes unhappy later in the call, they should politely and immediately end the call to avoid further charge. This second type of refund is therefore reserved only for unusual cases that could not have reasonably met these conditions. In this instance, the client must complete refund request form B in 'Payments' tab. The Client will receive a complaints form in their Trade Secrets inbox which they will need to complete and attach to a message to the Expert through the onsite messaging. The Client details on the form their reason for requesting a refund, and why they could not have reasonably have ended the call sooner. The Expert’s decision is final. If agreed, the Expert will sign and date the form and send it back to the Client to also sign and date before sending it back to Trade Secrets and the Expert through the online messaging. The refund is limited to a maximum of 50% of fees paid over the last 15 minutes of the call. Any redials are included in the same calculation.
Audio quality. Refunds are not available for audio quality. By using the Services, Clients, Experts and Guests accept that neither we, nor our third party telecommunications provider, can reasonably trace or control the multitude of service providers, cable conditions, atmospheric disturbances, caller’s own devices and network connections, and so on, involved in connecting calls.
We therefore provide the following. Trade Secrets and Experts agree to provide 1 minute free of Expert call fees at the beginning of a Client’s first call and any subsequent redials. It is a Client’s responsibility to end the call immediately if audio quality is poor or deteriorates. Another free minute begins upon redialing to allow time to assess whether the problem has cleared. We advise a maximum of two redials and if the problem persists, the Client should end the call and reschedule. All callers should make it clear if they experience audio problems so that an informed decision can be made by the Client about whether to continue.
We welcome feedback on audio quality. At our discretion, and without accepting responsibility or liability, we may from time to time share information in our help files, for example, where a routine pattern of poor audio quality is emerging in a particular country’s telecommunications.
Refund requests must be made within 72 hours (3 days). No refunds are available after this time.
Experts agree to keep earnings received from their Services in their PayPal account for 72 hours (3 days) to expedite any refunds their Clients may request.
No refunds are provided by Trade Secrets, Clients, Experts or Guests for network charges.
Calls are independently timed by our third party telecommunications provider. Their records are treated as definitive.
Clients and Experts must comply with our refund policy and our reasonable requests to facilitate any third party dispute resolution, such as maintaining clear and prompt communications throughout, and providing information deemed necessary. Trade Secrets may listen to recordings of calls.
In the event of a refund as stated in this policy, or if a financial institution or payment provider requires Trade Secrets to refund or finds in favour of a Client in the event of a chargeback, Experts agree that they will refund their portion of all Services fees earned from the transaction. Experts also agree to absorb at their own cost any transaction fees or currency conversion costs as may occur from time to time in relation to refunding their portion of fees earned, and they acknowledge that these are not controlled by Trade Secrets.
These Terms are governed by the laws of Queensland Australia which are in force from time to time and both you and we agree to submit to the non-exclusive jurisdiction of the Courts of Queensland Australia for determining any dispute concerning these Terms.
Trade Secrets International Pty Ltd, 15 Malinya Drive, Buddina, QLD, Australia.