by tfa_admin on 19 Oct 18
Acceptance of Terms
By using the Site, you
agree to be bound by the Terms,
represent that you are over the age of eighteen (18) years and able to form legally binding contracts,
agree and acknowledge that by using the Service you are accepting a benefit that cannot be disgorged,
acknowledge that the service is subject to Australian export laws and agree that you will comply with Australian export laws, and
represent that you are not prohibited from the laws of your country or jurisdiction from using the site or service.
Please note that these Terms provide that if you and TFA are unable to resolve any disputes that arise between you and TFA, the dispute will be resolved by a specific dispute resolution process that may include mediation or arbitration in the jurisdiction of Queensland, Australia. Arbitration is binding and is more informal than a litigating in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitrators can damages and relief that a court can award. You and TFA also agree that any claims or disputes cannot be brought as a class action.
In the Terms, “User,” “you” and “your” refer to the individual or entity that creates a TFA account as a Customer and/or Expert. “TFA,” “we,” “us” and “our” refer to TFA. “Customer” refers to the person who asks a question on the Site. “Expert” refers to the person who answers a question on the Site.
Electronic Communications and Right to Modify Terms
When you visit TFA or send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to provide us with, and maintain in your TFA account profile, your current and active email address.
TFA may modify any of the Terms at any time by posting them on the Site. Changes shall automatically be effective upon posting; provided, however, that material changes to the Terms will be effective as to an existing User upon the earlier of the agreement of the User or thirty (30) days after notice to the existing User, either via email from firstname.lastname@example.org or email@example.com or another @timeforadvice.com email address to your email address on file with TFA or via other means including but not limited to a pop-up or banner, message or other conspicuous notice on the TFA website. If you affirmatively agree to the new terms, your agreement will be effective immediately. You agree to make any and all necessary arrangements so that you (and not your spam filter) receive all emails from these email addresses. Your continued use of the Service will signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Site. The latest Terms will be posted on the Site, and you should always review them prior to using the Site.
TFA Is a Venue; Third-Party Content
The TFA Site is a venue for informational and educational purposes to allow Customers to ask questions and Experts to answer them. Users of the Site, not TFA, provide the content in Posts (defined below). The Experts determine which questions to answer; Experts are not employees or agents of TFA but are independent service providers using the Site to sell their Expert knowledge to Customers and, as such, are along with Customers simply Users of the Site. By using the site you acknowledge that TFA simply provides a portal or means of communication between you and other users and is not liable for any content provided to you by another user. You acknowledge that any general information posted on the site as a blog or other information section is not regarded as advice and cannot be relied upon it holding TFA or its agents liable.
TFA is not involved in the conversations between Customers and Experts and does not refer Customers to or endorse or recommend particular Experts. You understand and acknowledge that TFA cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of Posts. TFA shall not be liable for any acts or omissions of Experts, content in Posts, the ability of Experts to answer questions or the ability of Customers to pay for answers.
We cannot ensure that a Customer or Expert will complete a transaction. Notwithstanding the foregoing, TFA reserves the right, but is not obligated, to refuse to post or to remove any content and/or remove any User’s access to the Site. TFA may in its absolute discretion refer a question and/or an answer to an expert for the purposes of mediation.
EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding medical or mental health issues) should be directed immediately by telephone or in-person to qualified professionals (e.g. in Australia call 000). The Site is not the appropriate venue to deal with such situations. If your question is due to incarceration, detention, pending deportation or other event which impacts on your liberty, then TFA is not the appropriate venue to deal with such situations.
Posts Are Not Private or Confidential; Anonymity
The Site is an Internet-based forum (akin to a modern version of a radio call-in program). Information and materials submitted in the content of your questions, answers, requests for information, responses, profiles, signatures, qualifications, comments, and posts in the Expert Forum and other places where Users communicate on the Site (collectively “Posts”) is not private or confidential, nor is it protected by solicitor-client, doctor-patient, or any other privilege at law and it may be read, collected, and used by others. For example, search engines may index your questions, answers, and other Posts to allow them to appear in search engine results (e.g. if someone does a search on google.com or another search engine, your questions, answers, and other Posts on timeforadvice.com that relate to the search may appear in the search results list). To better protect your privacy, use an anonymous user name and do not include information regarding your identity or contact information in your Posts.
Verification; No Reliance on the Term “Expert”
Every Expert on the Site has had at least one credential relevant to the category in which they are answering questions verified by TFA, unless the Expert is answering questions in a category that is still being tested by TFA in “Beta” (indicated by the “Beta” graphic after the category name on the category’s landing page and/or the URL beginning with www.TFA.com/..). Details regarding the credential(s) verified for each verified Expert can be found by clicking the “What’s This” link next to the “Verified” logo associated with each Expert.
Other information about an Expert, not shown as verified, has been provided by the Expert but has not been verified. While TFA strives to admit only high-quality Experts onto the Site, use of the term “Expert” by TFA and on the Site is only meant to describe Users who answer questions on the Site, and not to guarantee any particular level of expertise of these Experts.
TFA makes efforts to verify, including using a third-party identity verification service where necessary, but cannot warrant or guarantee an Expert’s purported identity as user identification on the Internet is difficult. For these reasons, TFA cannot and does not represent, warrant or guarantee the truthfulness or accuracy of the credentials or identities of and provided by Users including Experts. You acknowledge that TFA will not be liable for any loss or damage caused by your reliance on any information or content contained in Posts.
Information Not Advice; No Client-Professional Relationship
Answers of Experts on the Site are provided by Experts and are to be used by Customers for general information purposes only, not as a substitute for in-person evaluation or specific professional (medical, legal, me veterinary, tax, financial, etc.) advice.
For example, Experts in the Legal category will provide only general information about the law, and will not provide legal advice nor propose a specific course of action for a Customer; by answering questions, Experts do not form attorney-client or doctor-patient relationships with Users of the Site. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. Experts in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions.
No professional-client relationships shall be formed on the Site
Communications on this Site are not confidential and shall not be the subject of any associated privileges. Communications on this Site are limited, as described above, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.
Before you can interact with an Expert, you will be required to agree to a Disclaimer reminding you of these and other important provisions of the Terms.
TFA will take appropriate steps to protect all data transacted on the Site but you acknowledge and accept that online transactions have inherent security risks and TFA is not liable for any disclosure made whether negligent or otherwise.
User Accounts; Restricted Activities; Suspension or Termination of Service
When you register as a User on the Site, you can establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, password and account data. You must not share this information or your account with anyone else, and you will be solely responsible for all acts or omissions that occur under your account. You will immediately notify TFA of any unauthorized use of your password or account. You should only create one account on the Site. If your TFA account has been suspended or terminated, you may not open another account on the Site.
You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active TFA accounts.
Restricted Activities: You agree that any content you provide on the Site and your use of our Site shall not:
be fraudulent, inaccurate or misleading;
infringe any third party’s proprietary rights or rights of publicity or privacy (Note: TFA will remove any material which offends intellectual property rights without further reference to you);
be illegal or violate any federal, state or local law, statute, ordinance, regulation or ethical code;
be competitive with TFA or the Site;
be defamatory, libelous, unlawfully threatening or unlawfully harassing;
be obscene or contain child pornography or harmful to minors, (Note: it is TFA policy to report any obscene or child pornography material to relevant law enforcement authorities and you hereby authorise same, and such authorisation cannot be revoked under any circumstances);
contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or
link directly or indirectly to or include descriptions of goods or services that (aa) are prohibited under the Terms; or (bb) you do not have a right to link to or include.
No transaction violating these Terms, shall be confirmed or upheld, by paying to us a fee. You are not authorised to resell or make any commercial use of our system or the content on the Site without TFA’s prior written consent.
We do not allow minors to participate in the use of our service and we will not knowingly collect personal information from children under eighteen years of age. TFA will immediately delete any information if TFA becomes aware that a child under the age of eighteen (18) has submitted personal information to us.
You are prohibited from soliciting Users of this Site, including Experts, for any purpose (including inviting other Users to contact you off of the Site or inviting Users to participate in a website that competes with TFA or the Site or charges money to receive answers or to communicate with purported experts or specialists).
Suspension or Termination of Service: You may terminate your service and account at your sole discretion and at any time by written notice via e-mail to firstname.lastname@example.org. Terminations typically will be effective within 7 business days after our receipt of your termination notice, at which time your account will be closed and you will no longer enjoy access to your former account. Any fees accrued as of the effective date of termination will be payable according to the Terms.
At any time, without notice, for any or no reason, TFA reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the Service, and to restrict, suspend and terminate Users’ accounts.
Charges, Rating the Expert, Refund and Cancellation Policy
TFA’s platform allows Customers to post questions to Experts in subject-matter categories, facilitates communication with Experts via chat, emails and online message boards, and enables delivery of answers to your questions, among other services (“Site Access Benefits”). Customers on the Site may be presented with one or two payment models: (1) pay-per-question model, and (2) subscription model.
Pay-Per-Question. With the pay-per-question model, you select the price that you are willing to pay for the Site Access Benefits related to a single question. Once you have selected the price and paid the amount, your question may be posted on TFA.
Subscription. Subscriptions allow Customers to receive Site Access Benefits for multiple questions on the Site for a monthly or other-period recurring fee. The fee is automatically charged to the Subscription Customer’s payment source provided on the Site and placed in the Customer Payment Pool (account of all Subscription Customers’ payments). At the end of each payment period, any portion of the TFA Subscription fee remaining in the Customer Payment Pool will be paid to TFA as compensation for the Site Access Benefits to which you were entitled during the payment period.
Rating the Expert. Experts typically respond to Customers’ questions quickly. If the Expert requests further information before answering your question, you may wish to take advantage of the opportunity to provide more information to the Expert to allow the Expert to help you better.
Once the Expert answers your question, you will be asked to rate the Expert. If you provide a rating of 1-2, you will be asked to provide the Expert with feedback about why you are unsatisfied, so the Expert may try to help you better. By providing a rating of 3, 4 or 5, you are instructing and authorizing that a portion of your payment (for Pay-Per-Question Customers) or an amount from the Customer Payment Pool (for Subscription Customers) be paid to the Expert instead of to TFA. By providing a 3, 4 or 5 rating more than once per question-and-answer, you are authorizing TFA to charge your payment source (for example, the credit card or PayPal account you provided to TFA) multiple times and instructing and authorizing that a portion of each of your payments be paid to the Expert instead of to TFA. For example, if you rate two answers, your payment source will be charged twice the price.
TFA does not guarantee that you will receive a response from an Expert, or that you will be satisfied with your communication with an Expert. For Pay-Per-Question Customers, in the rare instance that no Expert responds at all to your question or you do not accept an answer or request a refund within thirty (30) days, you agree that your payment may be retained by TFA in consideration for the Site Access Benefits received; and in the event that no Expert responds to your question, TFA will provide you with copies of or access to other previously asked questions and answers on TFA in a category related to your question.
Subscriptions – Additional Terms. TFA Subscriptions are intended and authorized only for personal, non-transferrable, not-for-resale use only. Excessive use by any particular Customer may impair TFA’s ability to offer TFA Subscriptions at reasonable prices to other customers and/or indicate non-personal, transferred or resale use. Notwithstanding any other terms, TFA reserves the right to cancel your TFA Subscription in its entirety at any time and for any reason, including but not limited to your excessive use (as determined by TFA in its sole discretion). In the event that TFA cancels a TFA Subscription, it will refund the current period’s fee.
Experts are ineligible to participate in the TFA Subscription as are their immediate family members (spouse, parent, child, sibling and spouse or “step” of each) and those living in the same households (persons, whether related or not, who lived in the same residence as an Expert for at least three (3) months during the twelve (12)-month period preceding the start of the TFA Subscription).
If you agree to a subscription offer and then later agree to a different subscription offer, then the terms of the later selected offer will apply and your earlier subscription will be cancelled.
Refunds, Cancellations, Abuse and Special Programs. TFA takes customer satisfaction seriously. For Pay-Per-Question Customers, if you do not provide a star rating of 3, 4 or 5, and are not satisfied with your experience on TFA for any reason, then as your sole remedy and within thirty (30) days of when you paid to ask your question on TFA, you may request a refund by emailing email@example.com. Please check your My Questions page before requesting a refund to make sure you have viewed the most up-to-date responses to your question. If you have provided a star rating of 3, 4 or 5 or more than thirty (30) days have elapsed since your payment, you will not be entitled to a refund.
For Subscription Customers, you may cancel your subscription at any time and request a refund of that period’s fee minus any monies already paid to Professionals by contacting Customer Service 24 hours a day, 7 days a week at firstname.lastname@example.org.
To cancel a subscription, you may contact Customer Service 24 hours a day, 7 days a week at email@example.com, or log into your TFA account and follow the instructions.
If TFA believes, in its sole discretion, that any funds were earned under suspicious circumstances or that funds were derived from a suspect account, TFA will continue to investigate the situation until an adequate resolution has been reached, as determined by us, and which may require the involvement of certain third parties, including any applicable credit card company or online payment company. TFA will make commercially reasonable efforts not to exceed a ninety-day (90) hold on your account as we and/or a third-party investigate.
TFA maintains the right to initiate special incentive pricing, membership, and other programs. These may be limited, at TFA’s sole discretion, to defined and limited Users or non-Users. Any promotional monies or credits placed into Customer accounts by TFA for use towards answers on the Site remain the property of TFA (they never become the property of Users and never become refundable to the User), and unless otherwise stated on the Site or in an email to a User, will be usable only for thirty (30) days.
Receipt of Special Offers and Other Communications
Users are responsible for their acts and omissions and content placed on the Site. Because the TFA Site is a venue, in the event that you have a dispute with one or more Users, you release TFA (and our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors and assigns) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Proprietary Rights of Content
You acknowledge that TFA and its licensors and suppliers own the rights to the TFA website and the content displayed on the Site other than Posts. You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the TFA website, or assist any other person or entity in doing so. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by TFA, TFA Users, or TFA Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third-party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
You agree that Posts on the Site, materials, ideas, comments and testimonials you submit on the Site or other venues, including but not limited to the TFA blogs, the TFA social media venues including but not limited to;
or to the Site administrator or any employee, officer or agent of TFA (“User Content”), will not be considered confidential and may be used by TFA, in its sole discretion, without any obligation to compensate for use of or to return any submitted materials. You agree that TFA owns, and has the right to register in its name, trademarks and service marks for any category names that you create on TFA, so do not use a category name that you want to reserve for your own benefit. TFA may use other trademarks or service marks in lieu of the category names that you create.
You grant to TFA a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works thereof, that you have in your Posts and User Content, in any media now known or not currently known, with respect to any such Posts and other User Content.
No Endorsement of Non-TFA Entity; No Relationship with Users
TFA may endeavour to offer to its Users products and services offered by non-TFA entities. Placement of information, logos, links or names of such non-TFA entities on the Site does not constitute an endorsement or warranty of these entities, their products or services. You take full responsibility for a decision to visit or patronize any such entity and hold TFA harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and TFA or between any User (including Customers and Experts) and TFA by formation of this Agreement (or any of the Related Agreements) or by your participation on the Site.
This includes press releases and other information about TFA. Third-party press about TFA or the Site should not be relied upon as being provided or endorsed by TFA.
Information Control and Storage
We do not control the information provided by Users, which you may find to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. There are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and that TFA is not responsible for the acts or omissions of Users on the Site.
The amount of storage space per User is currently limited. You agree that TFA is not responsible or liable for the deletion or failure to store content and/or other information.
Exclusion of Warranties
TFA will not be liable for any loss or damage, under any circumstances, caused by use of the site, or from a user’s reliance of information obtained through the site, whether directly or from third parties (e.g. experts). TFA does not endorse any linked site and is not liable for any loss or damage caused by following a link or a user reliance on any product or services obtained from a third party. User’s use the site and any third party or linked content at their own risk.
TFA does not warrant any advice or information, oral, written or otherwise, obtained by you through the TFA services.
Services provided by TFA are done so on a “AS IS” basis with no express or implied warranties of any kind, including but not limited to:
merchantability or fitness for a particular purpose the quality of any information supplied through use of the services wether written oral or otherwise;
the service delivery of the site and services including the provision of uninterrupted or error fee access online or defects to the site or services including that the service is free from viruses or other components which may be harmful to users generally;
The correctness, accuracy, timeliness, reliability or otherwise of information received or delivered through the use of the service either directly or through third parties;
Limitation of Liabilities
TFA, its shareholders, subsidiaries, corporate officers, directors, employees, agents, venture partners, third party consultants, successors or assignees with under no circumstances, or in any event, be liable for damages of any kind whether consequential, punitive, exemplary, indirect or otherwise, arising out of the use of the site or services.
The waiver of all liability is a fundamental term of service between you and TFA.
Should a court of competent jurisdiction decree that this clause is limited or of no effect, than damages are limited to the amount of fees paid by you to TFA in the 12 months immediately preceeding the incident which gives rise to the liability created. You and TFA agree that any cause of action arising out of or related to this Service must commence within six (6) months after the cause of action arose; otherwise, such cause of action is permanently barred.
You hold TFA, its shareholders, subsidiaries, corporate officers, directors, employees, agents, venture partners, third party consultants, successors or assignees harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys’ fees, asserted by any third-party that are in any way due to or arising out of your use of or conduct on the Site.
Jurisdiction and Dispute Resolution
The Terms shall be governed by, and construed in accordance with the laws of the State of Queensland, Australia.
All dispute between users and TFA shall be determined by, and in accordance with, the Commercial Arbitration Act 1990 Qld.
Users and TFA each agree to waive the right to a trial and waiving the right to participate in a class action involving all disputes, claims and controversies, of any sort or nature, between us, arising out of the use of the Site (“Dispute”).
You and TFA agree that any Dispute shall be resolved solely pursuant to the following procedure:
Notice shall be send to the other party sufficiently detailing the facts of the dispute, the basis in law of the dispute and the damages claimed. This notice shall be delivered in writing to firstname.lastname@example.org or if instigated by TFA to the users email address on record with TFA. Such notice shall be headed “Notice of Dispute”.
The parties (users and TFA) shall allow 28 days from the date of transmission of the Notice of Dispute for the other party to respond.
If the Dispute remains unresolved for sixty (60) days from the date of Notice of Dispute, the parties agree that a request for mediation will be made by the instigating party (i.e. the party serving the Notice of Dispute) and that the costs of such mediation will be equalled shared by each party.
If the dispute is not resolved by mediation the parties will submit the matter for arbitration under the Commercial Arbitration Act, in which case the Dispute shall be resolved by binding arbitration. The cost of any arbitration shall be born equally by the parties unless otherwise ordered by the arbitrator(s), and the decision of the arbitrator(s) shall be binding and enforceable in any court of competent jurisdiction.
In the event waivers in this document are found to be unenforceable, and a party wishes to litigate to resolve a dispute, step (4) of the Dispute resolution process, requiring arbitration, shall be voided in its entirety, and the parties may file a complaint in a court of competent jurisdiction. This Dispute Resolution section shall survive termination of this Agreement and the termination of your relationship with TFA.