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Terms and Conditions

Last Update: April 6, 2022

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Welcome, these are the terms of service of saywhatt.com!

 

The following terms of service (these "Terms of Service"), govern your access to and use of the website, including any content, functionality and services, offered on or through www.saywhatt.com (the "Platform") by Saywhatt Online Ltd. with offices at 40 Sderot Chen, Tel Aviv, Israel ("Company", "we" or "us") and you (“you” or “user” means you as a General User of the Platform).

 

PLEASE READ THESE TERMS OF SESSION CAREFULLY BEFORE YOU START TO USE THE PLATFORM. BY USING THE PLATFORM, OPENING AN ACCOUNT OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF SESSION, YOU ACCEPT AND AGREE, ON BEHALF OF YOURSELF, YOUR EMPLOYER OR ANY OTHER ENTITY (AS APPLICABLE), TO BE BOUND BY AND COMPLY WITH THESE TERMS OF SESSION AND COMPANY COMMERCIAL TERMS, ACCESSIBLE THROUGH THIS LINK (“COMMERCIAL TERMS”), WHICH IS INCORPORATED HEREIN BY REFERENCE. YOU FURTHER ACKNOWLEDGE, YOU HAVE READ AND UNDERSTOOD OUR PRIVACY POLICY, ACCESSIBLE THROUGH THIS LINK. IF YOU DO NOT AGREE TO THESE TERMS OF SESSION OR THE PRIVACY POLICY, YOU AGREE NOT TO ACCESS OR USE THE PLATFORM. 

 

This Platform is offered and available to General Users (defined below) who are at least 18 years old and of legal age to form a binding contract. If you are under 18 and at least 13 years old, you are only permitted to use the Platform through an account owned by your parent or legal guardian with their consent. If you are under 13 you are not authorized to use or access the Platform. By using or accessing the Platform, you represent and warrant that you meet all of the above eligibility requirements. If you do not meet all of these requirements, you agree not to access or use the Platform.

 

Our Customer care team may be contacted on a 24/7 basis, if you have any questions regarding the Platform or Terms of Service. Connecting with our Customer care team can be achieved by submitting a request through this link. The original language of these Terms of Service, and all other texts throughout the Platform is English. Company may make one or more translations available for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.

 

Definitions

“Booking means the formal agreement between a User and an Expert after a purchase of booked Session(s) was made from the Expert Page.

"Completed Booking" means a Booking, according to which the Expert started the Session at the agreed time, and either (a) performed its agreed Session for the agreed full length, or (b) the User was absent from the Session, and in the case of (a) or (b), Company's Customer care team was not otherwise informed by the User or the Expert within the 48 hours after the Session was scheduled to end.  

“Expert Page” means the page on the Platform where the Expert can describe the Session and the Session’s terms, and the User can purchase the Session and create a Booking.

 “Experts” means users of the Platform who have successfully completed our approval process, who offer and market consultations in their field of expertise on their Session Page, and who perform the Session for Users through the Platform according to a Booking. 

“General Users” means Users and/or Experts, as applicable, using the Platform.

“Session” means a service of the Expert offered on the Platform.

"Users" means users of the Platform who purchase services from the experts using the platform of the company.

 

Overview 

Only registered General Users may buy and sell on the Platform. Experts must also complete an application and be approved by Company before they can offer and sell their Session.  We may approve or reject an Expert's application in our sole and absolute discretion. Registration and the Expert approval process is free. In registering for an account and applying to become an Expert, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.

Users pay company in advance when scheduling and approving consultation sessions through the Booking process described below. For fees and payments please read the Commercial Terms.  

 

Experts must fulfill their scheduled appointments and may not cancel scheduled appointments without cause. Experts acknowledge that canceling scheduled appointments will affect their reputation and status and can cause the suspension of their expert account.

 

General Users may not offer or accept payments using any method other than placing a Booking through the Platform.

 

Company retains the right to use all published experts’ information and pictures for Company's marketing and promotional purposes. 

 

We care about your privacy. You can read our Privacy Policy through this link.

 

General Users undertake to comply with Company’s Community Standards, which consist of rules and guidelines, applicable to the Company community and marketplace, in addition to these Terms of Service, as may be updated from time to time.

     

EXPERTS

Basics

Experts offer Sessions according to the categories then currently offered on the Platform and approved by the Company to allow Users to purchase their Sessions in the Experts' field of expertise.

 

For each Completed Booking, the Expert will receive a credit to the Expert's account in an amount equal to 80% of the purchase amount.  After a Completed Booking, a User will not be entitled to receive a refund. Experts shall be credited for Completed Bookings within 48 hours after the Session is scheduled to end.

 

Please note that the pilot version of the Platform does not permit Experts to access an account page to see their credits.

 

Company transfers payments to Experts at the end of each week for the completed Booked Sessions of that week. Sessions are considered completed if there is no feedback from the user, about the session not being performed as scheduled and as agreed, 48 hours after the session is scheduled to end.  

 

For more information about receiving payments, fees and taxes see the Commercial Terms.

 

Experts may not promote their Sessions or any other Company content via the Google Ads platform.

 

The Expert's rating is calculated based on the reviews sent by Users. High ratings may allow Experts to obtain an elevated Expert status. Very low ratings (as determined by Company's then current policies) may lead to the suspension of the Expert’s account.

 

Company may temporarily postpone an Expert’s payment to prevent fraudulent or unlawful activity. This may come as a result of security concerns, improper behavior reported by other General Users, or associating multiple Company accounts to a single withdrawal provider.

 

Experts are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services. Experts and Users acknowledge and agree that Company acts solely as a technology platform provider and shall not be liable for any direct or indirect damages or losses. Experts and Users hereby agree that they are directly and solely liable to one another for any damages or losses caused to each other, arising out of or related to any breach of these Terms of Service.  For more detail on the limitations on our liability, please see the section entitled "Limitation on Liability" below.

 

Sessions

  • Experts are allowed to post a select amount of Sessions, following the company's session guidelines for session conduct and lengths, only in their field(s) of expertise approved by Company. 

  • Sessions and/or General Users may be removed by Company (at its sole discretion) from the Platform for violations of these Terms of Service and/or the Company's Community Standards, which may include (without limitation) the following violations and/or materials:

    • Illegal or Fraudulent services

    • Offering and/or marketing an Expert’s services outside of the Platform

    • Offering and/or marketing services or products of other people and/or entities that are not Experts

    • Copyright, trademark or other intellectual property infringement

    • Violation of a third party's terms of service

    • Adult oriented services, Pornographic, Inappropriate/Obscene

    • Violent, deceptive Sessions, distributing SPAM;

    • Sessions that are misleading to Users

    • Reselling regulated goods

    • Performing homework or other academic services for Users

    • Very low quality of Sessions

    • Promoting Sessions through any activity prohibited under applicable laws, regulations, and/or third party terms of service, and/or any marketing activity that adversely impacts Company's relationships with our General Users or partners.

  • Sessions that are removed for any of the above violations may result in the suspension of the Expert’s account.

  • Sessions that are removed for violations are not eligible to be restored or edited.

  • Sessions may be removed resulting from failing to meet Company's minimum standards of performance and/or General User misconduct.

  • Statements on the Expert Page that violate or attempt to circumvent these Terms of Service are not permitted.


 

USERSֵ

Purchasing

  • Please refer to the Commercial Terms for making payments through the Platform and to become familiar with fees and taxes.

  • You may not offer Experts to pay, or pay for Sessions using any method other than through the Platform. If you have been asked to use an alternative payment method, you should report it promptly to customer care through this link. 

 

BOOKINGS

Basics

  • Once booking of the Session is confirmed, your Booking will be created and you will be sent a link to such scheduled Session. 

  • Experts must perform the Session according to the Terms of Service and the commonly used practices and standards.        

 

Handling Bookings

  • When a User orders a Session (indicating that User has booked a session), the Expert is notified by email.

  • Experts are required to start each Session at the agreed start time and to conduct each Session for the full period set out in the Booking. Failing to do so will allow the User to cancel the Booking (through the Platform). Late or incomplete sessions may result in the suspension of the Expert’s account.

  • While on the Session, both sides can chat and upload files to send one another. 

  • General Users are responsible for having sufficient anti-virus scanning software to protect their devices against all viruses and malware that may exist in files transferred via the Platform. Company will not be liable or responsible for any damages or losses which may result from usage of the Platform, including but not limited to any content or files transferred between General Users.

 

Reviews

  • After a Session ends, a follow-up email will be sent from the Platform to the User for a review. 

  • Reviews provided by Users are an important part of Company’s rating mechanism and reflect the user experience with the Experts and their Session. We recommend that Users communicate to the Expert any issues or concerns during the Session with respect to the Expert's Session.

  • Users' reviews will remain on the Platform unless they include violations of our Terms of Service and/or our community standards (as we determine in our sole and absolute discretion).  

  • All reviews must come from actual purchases of Sessions executed by Users solely through the Platform. If any purchases of Sessions and/or reviews are found to have been artificially created to affect the Expert's status, the offending General User's account(s) will be suspended or canceled, in our sole and absolute discretion.

  • Comments given by Users are publicly displayed on an Expert’s Page.

  • Withholding the provision of a Booked Session, deliverables, data or information required to complete the Session for purposes of obtaining a positive review or payment of additional services is prohibited.

  • Users may leave reviews on Bookings after a Booking is complete. 

  • Once Users have completed their reviews, all posted reviews are made public.

 

Disputes and Cancellations

We encourage our Users and Experts to try to settle conflicts between themselves. If for any reason this fails or if you encounter violations of these Terms of Service or our community standards, General Users can contact our customer care department for assistance through this link.  For more information about dispute, cancellations and/or refunds, please see the Commercial Terms. 

 

General User Conduct 

This section describes the expected conduct of General Users while communicating with each other on the Platform. To report a violation of our Terms of Service and/or our community standards, General User misconduct, or if you have any inquiries regarding your account, please contact our customer care team through this link.

 

General Rules

  • We protect the privacy of General Users as described in our Privacy Policy, but some of the Expert's and User's personal information and other data is public and can be seen on the Platform. For instance: (a) Expert’s full name, age, location, personal/professional experience, education, Expert’s service categories and sub categories, Expert’s introduction of its service; and (b) User’s full name, age and location. Requesting or providing email addresses, usernames, telephone numbers or any other personal contact details to communicate outside of the Platform in order to circumvent or abuse the Platform's services, including its messaging system is prohibited.

  • Any necessary communication of personally identifiable information required to provide or receive a Session may be made when booking a session.

  • Company does not provide any guarantee of the level of Session offered to Users.

  • Company does not provide protection for General Users who interact outside of the Platform.

  • Abusive, rude or inappropriate language or messages are unacceptable and may result in the suspension or cancelation of your account.

  • General Users are not permitted to discriminate against any other General User based on gender, race, age, religious affiliation, sexual orientation or otherwise and any such discrimination may result in the suspension or cancellation of your account.

  • General Users are not permitted to submit offers or to solicit persons and/or commercial entities introduced through the Platform to contract, engage with, or pay them outside of the Platform, or to market, offer, promote or sell any other goods or services other than Sessions on the Platform. Such prohibited uses may result in immediate suspension or removal by Company (at its sole discretion) of Sessions and/or General Users from the Platform.

 

Bookings

  • General Users who intentionally defame a competing Expert by ordering from competing Experts may have their reviews removed by the Company.

  • General Users shall refrain from soliciting other General Users to attempt to remove or modify reviews or cancel sessions in violation of our Booking cancellation or review policies.

 

Sessions

  • Experts warrant that any content included in their Sessions shall be original work conceived by the Experts or that Experts have all necessary consents and/or licenses that might be required for such Sessions under applicable law, and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. 

  • The consultation and advice given by Experts during Sessions will be considered as the Experts’ opinion only. Experts will not make, or allow their employees, representatives or agents to make (and should never be understood by any User as Experts making) any commitments, representations or warranties by on behalf of Company. A breach of this clause may result in immediate suspension or removal by Company (at its sole discretion) of Sessions and/or Experts from the Platform.

  • Company will respond to clear and complete notices of alleged copyright or trademark infringement through this link. 

 

Reporting Breaches of these Terms

If you come across any content that may violate our Terms of Service and/or our community standards, you are requested to report it to us. To protect individual privacy, the results of the investigation will not be shared. Please review our Privacy Policy for more information.

 

Warnings

We may send General Users a warning notice for violations of our Terms of Service and/or our community standards or any other General User misconduct reported to us. A warning will be sent to the General User's email address. Warnings do not limit account activity, but can lead to your account losing Expert statuses or becoming suspended or canceled depending on the severity of the violation.

 

Prohibited Activities

Adult Sessions & Pornography - Company does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Communication - Communication on the Platform and in Sessions should be polite, reasonable, and professional. Company condemns harassment, bullying, and hate speech towards others. 

Spam - Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to adversely affect another member’s account or online environment is prohibited. General Users must respect the privacy of other General Users by not contacting them with offers, or other communication that is not directly related to their Sessions or Bookings.

Privacy - You may not publish or post other people's private and confidential information. Any exchange of personally identifiable information required for the completion of a Session must be provided on the Expert’s page and in the booking form when booking a session. Experts shall not use information other than public domain that they receive from the User for any purpose other than for the delivery of the Session to the User. Any General Users who perform or receive services outside of the Platform and Sessions will not be protected by our Terms of Service.

Genuine Company Profile - You may not misrepresent or create a false identity on the Platform, or create a profile for anyone other than yourself (a genuine person), or use or attempt to use another General User’s account or data; Your profile information, including your description, skills, and geographic location may be kept anonymous but must be accurate and complete and may not mislead other General Users, or be illegal, offensive or otherwise harmful. Company reserves the right to require General Users to go through a verification process in order to use the Platform.

Intellectual Property Claims - Company will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party terms of service. 

Fraud / Unlawful Use - You may not use the Platform for any unlawful purposes or to conduct illegal activities.

Multiple Accounts - To prevent fraud and abuse, General Users are limited to one active account. Any additional account determined to be created to circumvent or avoid compliance with these Terms of Service, or otherwise to promote competitive advantages, or mislead other General Users will be disabled. Multiple account creation may result in the suspension or cancellation of all related accounts. 

Targeted Abuse - We do not permit any targeted abuse or harassment on the Platform. This includes creating new multiple accounts to harass General Users through our message or ordering system.

Buying or Selling Accounts - You may not buy or sell Company’s accounts.

 

Proprietary Rights; License Restrictions

The Platform, including its general layout, look and feel, design, information, content and other materials available thereon, is exclusively owned by the Company and protected by copyright, trademark, and other intellectual property laws. General Users have no right, and expressly agree not to do the following with respect to the Platform, or any part or extension of it: (i) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) remove any copyright notice, identification or any other proprietary notices; (iv) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Platform; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt the Platform, or the computer systems or networks connected to the Platform; (vi) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Platform; (vii) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Platform to monitor, extract, copy or collect information or data from or through the Platform, or engage in any manual process to do the same, (viii) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, (ix) use the Platform in any manner that could damage, disable, overburden or impair the Platform, or interfere with any other users’ enjoyment of the Platform or (x) access or use the Platform in any way not expressly permitted by these Terms of Service. General Users also agree not to permit or authorize anyone else to do any of the foregoing.

 

Except for the limited right to use the Platform in accordance with these Terms of Service, Company owns all right, title and interest in and to the Platform (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Platform and its content (other than user generated content) including, without limitation, the exclusive right to create derivative works.

 

Feedback 

To the extent that you provide Company with any comments, suggestions or other feedback regarding the Platform, as well as other Company products or services ( collectively, “Feedback”), you will be deemed to have granted Company an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in such Feedback. Company may or may not implement any Feedback it may receive from General Users.

 

Confidentiality

Experts acknowledge that Users may need to disclose certain confidential information to Experts to be used by them for the purpose of delivering the Sessions, and agree to protect such confidential information from unauthorized use and disclosure. Therefore, Experts agree to treat any information received from Users as highly sensitive, confidential material. In addition, Experts specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except to deliver the booked sessions; and (iv) not to copy or reproduce any of the information without the User’s permission. Company shall not be responsible for any confidentiality breach by Experts, and Experts expressly agree to take responsibility and be liable for their breaches of confidentiality.  

 

Suspension or Disablement of Accounts

  • Company reserves the right to suspend or permanently disable General User accounts if you breach these Terms of Service and/or our community standards or make any illegal or inappropriate use of the Platform, or services.

  • General Users with disabled accounts will not be able to sell or buy on the Platform.

  • General Users who have breached our Terms of Service and/or our community standards and had their account suspended or disabled may contact our customer care team for more information regarding the breach and status of the account.

  • General Users must be able to verify their account ownership through customer care by providing information that proves ownership of that account.

  • Disputes should be handled by contacting Company’s customer care.

  • Company may make changes to these Terms of Service from time to time, in which case Company will make a new copy of the terms of service available on this page.

  • You acknowledge and agree that if you use the Platform after the date on which the Terms of Service have changed, Company will treat your use as acceptance of the updated Terms of Service.

 

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SESSIONS OR ITEMS OBTAINED THROUGH THE SITE OR THE PLATFORM IS AT YOUR OWN RISK. THE SITE AND THE PLATFORM, THEIR CONTENT AND ANY SESSIONS OR ITEMS OBTAINED THROUGH THE SITE AND/OR THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE AND/OR THE PLATFORM.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Machine Translation

Certain user-generated content on the Platform has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Such translations are provided as a service to General Users of the Platform, and are provided "as is". No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of such translations made from English into any other language. Some user-generated content (such as images, videos, etc.) may not be accurately translated or translated at all due to the limitations of the translation software.

 

The official text is the English version of the Platform. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated content, please refer to the English version of the content which is the official version.

 

Limitation on Liability

IN NO EVENT WILL COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, THE PLATFORM, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SITE OR THE PLATFORM, OR SUCH OTHER WEBSITES OR ANY SESSIONS OR ITEMS OBTAINED THROUGH THE SITE OR THE PLATFORM, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Company, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.

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