Terms of Service

These terms of Service ("Agreement") sets forth the general terms of Service of your use of the expertpinoy.com website ("Website" or "Service") and any of its related content, functionality and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and this Website operator ("Operator", "we", "us" or "our"). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement.

If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Accounts and membership
You must be at least 13 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Service Usage
Buyers-are users who purchase services on expertpinoy.com.

Custom Offers- are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.

Custom Orders- are requests made by a Buyer to receive a Custom Offer from a Seller.

Service options- are additional services offered on top of the Seller’s Service for an additional price defined by the Seller.

Service Page- is where the Seller can describe their Service and the Service terms, and the Buyer can purchase the their Service and create an order.

Order Page- is where Buyers and Sellers communicate with each other in connection with an ordered Service.

Orders- are the formal agreements between a Buyer and Seller after a purchase was made from the Seller’s Service Page.

Sellers- are users who offer and perform services through Expertpinoy.com

Only registered users may buy and sell on Expertpinoy.com.

In registering for an account, 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.
Expert Service on Expertpinoy.com may be offered at a base starting price of P.250. Some Services are offered at a base price of more than P.250 as determined by the Seller.
Buyers pay Expertpinoy.com in advance to create an order.
Orders are purchased through the Order button found on a Seller’s Service page or through a Custom Offer.
Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.
Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices, or selling their Service in multiples.
Users may not offer or accept payments using any method other than placing an order through Expertpinoy.com.
When purchasing a Service, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Service page.

Expertpinoy.com retains the right to use all published delivered works for Expertpinoy.com marketing and promotion purposes.

User content
We do not own any data, information or material (collectively, "Content") that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

SELLERS
Sellers create Service on Expertpinoy.com to allow Buyers to purchase their services.
Sellers may also offer Custom Offers to Buyers in addition to their Service.
Each Service you sell and successfully complete, accredits your account with a net revenue of 80% of the purchase amount.
Expertpinoy accredits Sellers once an order is completed. 
Sellers may not promote their Service or any Expertpinoy.com content via the Google Ads platform.
The Seller's rating is calculated based on the order reviews posted by Buyers. High ratings allow Sellers to obtain advanced Seller levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
For security concerns, Expertpinoy.com may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple Expertpinoy.com accounts to a single withdrawal provider.
Sellers 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.

Shipping Physical Deliverables
Some of the services on Expertpinoy.com are delivered physically (arts and crafts, collectable items, etc.). For these types of Service, Sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping and for international shipping (anywhere else).

Service that include shipping costs must have physical deliverables sent to Buyers.
Shipping costs added to a Service only pertains to the cost Sellers require to ship physical items to Buyers.
Important: Buyers who purchase Service that require physical delivery, will be asked to provide a shipping address.
Sellers are responsible for all shipping arrangements once the Buyer provides the shipping address.
Expertpinoy.com does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the Order Page when delivering your work.

BUYERS
You may not offer direct payments to Sellers using payment systems outside of the Expertpinoy.com platform.
Expertpinoy.com retains the right to use all publicly published delivered works for Expertpinoy.com marketing and promotional purposes.
Buyers can request a Custom Order which addresses specific Buyer requirements, and receive a Custom Offer from Sellers through the site or through Expertpinoy.com.
You may not offer Sellers to pay, or make payment using any method other than through the Expertpinoy.com site. In case you have been asked to use an alternative payment method, please report it immediately to Support center.

ORDERS
Sellers must deliver completed files and/or proof of work using the Deliver button (located on the Dashboard) according to the service that was purchased and advertised on their Service page.
The Deliver button may not be abused by Sellers to circumvent Order guidelines described in these Terms of Service. Using the “Deliver” button when an Order was not fulfilled may result in a cancellation of that Order after review, affect the Seller’s rating and result in a warning to Seller.
An Order is marked as Complete after it is marked as Delivered and then accepted by a Buyer. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the Order was marked as Delivered.
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails or if you encounter non-permitted usage on the Site, users can contact Expertpinoy.com Support center for assistance. For more information about disputes, Order cancellations and refunds please refer to the Comunity > Help & Support.

Handling Orders
When a Buyer orders a Service, the Seller is notified by email as well as notifications on the site while logged into the account.
Sellers are required to meet the delivery time they specified when creating their Service. Failing to do so will allow the Buyer to cancel the Order when an Order is marked as late and may harm the Seller's status.
Sellers must send completed files and/or proof of work using the Deliver button (located on the Dashboard) to mark the Order as Delivered.
Users are responsible for scanning all transferred files for viruses and malware. Expertpinoy.com will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
Buyers may use the "Request Revisions" feature located on the Dashboard while an Order is marked as Delivered if the delivered materials do not match the Seller's description on their Service page or they do not match the requirements sent to the Seller at the beginning of the order process.

Disputes and Cancellations
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails or if you encounter non-permitted usage on the Site, users can contact Expertpinoy.com Support center for assistance. For more information about disputes, Order cancellations and refunds please refer to the the Comunity > Help & Support.

Ownership
Ownership and limitations: When purchasing a Service on Expertpinoy.com, unless clearly stated otherwise on the Seller's Service page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Seller, and the Seller waives any and all moral rights therein. Accordingly, the Seller expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Service, and the delivery may not be used if payment is cancelled for any reason.

For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Seller agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Buyer. Some Service (including for custom created work) charge additional payments (through Options) for a Commercial Use License. This means that if you purchase the Service for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Service Options and will have broader rights that cover your business use.

Backups
We perform regular backups of the Website and its Content, however, these backups are for our own administrative purposes only and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty.

Links to other resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, the Operator will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.

Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Intellectual property rights
"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of the Operator or third party trademarks.

Limitation of liability
To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to the Operator for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification
You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Philippines without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Philippines. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Philippines, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments
We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will post a notification on the main page of the Website. Continued use of the Website and Services after any such changes shall constitute your consent to such changes. Policy was created with WebsitePolicies.

Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Contacting us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to [email protected]

This document was last updated on November 14, 2020