JINITTO: Terms and Conditions for Advisors
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY AS THEY GOVERN YOUR ACCESS AND USE OF JINITTO.
- We reserve the right to update these Terms from time to time at our discretion. We may do so for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our Terms then you shall immediately stop accessing and/or using the Platform. Updated Terms will be effective as soon as they are accessible. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.
- The Platform enables Advisors to provide Advisory Services to Clients and to take payment for such Advisory Services. Jinitto does not itself provide Advisory Services, and the Advisor is not and shall not be deemed to be an employer of Jinitto.
2.1 In addition to the terms defined in Clause 1.1, in these Terms, the following words have the following meanings:
Advisor, you: the professional service providers operating on the Platform;
Advisory Services: the information and advice given by the Advisor to a Client on the Platform;
Call: a video conferencing or voice call between a Client and an Advisor arranged and provided through the Platform during which you provide Advisory Services;
Client: a user purchasing Advisory Services from an Advisor on the Platform;
Commission: 20% of the Fees received from a Client;
Fees: the fees due from the Client for the Call;
Platform Content: all materials on the Platform, including all information, data, text, images, recordings and software; and
Registration Form: the registration form completed by the Advisor.
2.2 In these Terms (a) headings are for convenience only and do not affect interpretation; (b) words in the singular include the plural; and (c) including means including but not limited to.
- Registering on the Platform
3.1 To register on the Platform, you must be at least 18 years old, legally resident in the United Kingdom and legally capable of entering into a contract in the United Kingdom. You can either register at the Platform through Facebook, LinkedIn and/or Google and if you do so, you agree that we will receive certain information about you from Facebook, LinkedIn and/or Google as the case may be.
3.2 You can also register directly with the Platform you will create a username and password. You are responsible for keeping your username and password confidential and you are responsible for any activity under your account. Please take precautions to protect your password and contact us immediately by email at at [email protected] if you believe there has been any unauthorised use of your account.
3.3 Jinitto reserves the right to terminate your account if it does not include a valid email address and mobile telephone number (not a landline). Both the email address and mobile telephone number must be stored in the profile for your account on the Platform.
3.4 The Advisor warrants and represents that all information that it has provided to Jinitto, including within the Registration Form is accurate and complete, including information relating to its qualifications and experience. The Advisor shall promptly provide Jinitto on request all documents and materials as evidence in support of such information. In addition, the Advisor shall promptly notify Jinitto of any changes to such information.
3.5 Jinitto may contact you by telephone, post or email to verify your information and we may request further information from you, which you agree to provide in relation to your account. You also agree to provide us, at our request, with details of previous clients or other references so that we can contact them to determine your suitability to provide Advisory Services on the Platform. If you do not provide any such information in the manner requested within seven (7) days of the request, we reserve the right to suspend, discontinue or deny your access to and use of the Platform until such time as the information is provided to Jinitto’s reasonable satisfaction.
- These Terms are personal to the Advisor and the Advisor shall not assign, transfer, charge, sub-contract or deal in any other manner with these Terms or its rights or obligations under these Terms or purport to do any of the same.
- Using the Platform
4.1 When you use the Platform you must comply with all applicable laws. In particular, but without limitation, you agree that you will not, and will not permit anyone else to (a) use the Platform in any unlawful way and/or for any unlawful purpose; (b) post or transmit a message (written, verbal or via video) under a false name or use the network resources of Jinitto to impersonate another person or misrepresent authorisation to act on behalf of others or Jinitto. All messages transmitted via the Platform should correctly identify the sender and you may not attempt to alter the origin of email messages or postings; (c) allow another person or entity to use your account, username or password; (d) distribute chain letters or unsolicited bulk electronic mail (“spamming”) via the Platform, to Jinitto or to any third party allegedly on behalf of Jinitto; (f) attempt to undermine the security or integrity of computing systems or networks of Jinitto, its Platform or any sites or platforms accessed through or via the Platform, and you must not attempt to gain unauthorised access; (g) harvest or collect data about any other individual who uses the Platform; (h) post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, defamatory, derogatory, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate or otherwise interrupt or expropriate the Platform; (i) tamper, hack, spoof, copy, modify or otherwise corrupt the administration, security or proper function of the Platform. You will not use robots or scripts with the Platform; (j) except to the extent permitted by law not capable of exclusion, attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code or information on or received by this Platform. You agree to have anti-virus and/or anti-spyware software running that is set to override the Internet browser’s cookie setting.
4.2 Any content you upload to and/or share with the Platform, including the content of Advisory Services, any content you provide to our forum and any review or other feedback you provide, must not infringe any third party copyright, trade mark rights, rights of privacy or other intellectual property rights.
4.3 if you wish to use our forum, please see our forum rules which apply to such use.
- Advisory Services
5.1 The Platform allows Clients to search for an Advisor based on the category of your profession, then based on subcategories. The Platform allows the Client then to choose between being connected to the next available Advisor (if any are available on the selected subcategory), or to choose from the list of available Advisors online, where they can check Advisors’ full profiles including their qualifications and Fees. In the latter case, the Platform allows the Client to call directly the Advisor they chose.
5.2 Once a Client has chosen an Advisor, the Platform will send a request to that Advisor. The Advisor may accept or reject the request at its own discretion.
5.3 Jinitto will make all reasonable endeavours to connect a Client to an Advisor, subject to minimum specification requirements which are determined by Jinitto from time to time, currently the operating systems are either: Android™ 4.4.4 and newer, iOS and iPhone, iPad, iPod Touch with a front facing camera and iOS 7.1 and newer.
5.4 You agree to (a) provide at your own cost all appropriate materials to provide Advisory Services through the Platform, including connection, computer, headset, microphone and appropriate teaching materials and aids; and (b) ensure that your system operates with the latest available version of security software to protect against the transmission of viruses and malware.
5.5 Without prejudice to Clause 5.4 above, to use the Platform you are required to have an active Internet connection with 1mbps of available bandwidth, for the best quality connection we recommend a minimum of 3mbps available bandwidth.
5.6 You acknowledge that Jinitto does not guarantee a connection can be made or maintained at any time. You further agree that from time to time, there may be delays on communications and/or break-up in sound or images on the Platform. We shall have no liability for such delays or break ups.
6 Provision of Advisory Services
6.1 You shall provide the Advisory Services (a) in a professional, courteous and timely manner; (b) with reasonable skill and care and to the best of your ability; and (c) in accordance with all applicable laws, regulations and codes of conduct or other rules of the governing bodies applicable to your profession.
6.2 Without prejudice to the provisions of Clause 6.1, you shall (a) keep the Platform updated with your availability and when possible, mark yourself as available for receiving Calls; and (b) immediately notify a Client, and in any event within the first 60 seconds of a Call, if you are unable to assist the Client for any reason.
6.3 All communications between you and a Client must be fair, honest, truthful and appropriate. In particular, you warrant and represent that your communications shall not include content that (a) is defamatory, obscene or offensive; (b) is in breach of applicable laws; (c) harasses another user; (d) engages in commercial activities not relating to Advisory Services; (e) is inciting hatred of any sort; and/or (f) contains any virus or malicious code.
6.4 The Advisor shall .
7 Availability of the Platform
7.1 We will use reasonable endeavours to maintain and make available to you the Platform available at all times. However, there may be occasions when access to the Platform may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We shall use reasonable endeavours to schedule such maintenance and upgrades outside of normal working hours. However, you agree that we have no liability to you for such interruptions.
7.2 If Jinitto needs to suspend access to the Platform at a time when you have booked a Call it will notify you in advance (unless such suspension is unforeseen purposes, such as for emergency maintenance) and arrange a new call time for you as soon as possible at no additional cost.
- Fees, Commission and Payment
8.1 The Fee for the Advisor shall be set out in the Advisor’s profile. You acknowledge and agree that we shall deduct the Commission from the Fee. The only available Fee options are: (a) a fixed Fee by Call, no matter how long the Call is; (b) a Fee calculated per block of minutes depending on the duration of the Call; or (c) an initial Fee for the Call plus an additional Fee calculated per block of minutes depending on the duration of the Call. The Client shall be charged for each block of minutes at the start of the next block.
8.2 The first 60 seconds of the Call must be free of charge allowing you and the Client to make sure the technical quality of the Call is acceptable, that you are happy to provide Advisory Services to the Client and that the Client is happy to receive Advisory Services from you. The Fee will apply after the first 60 seconds of the call unless the Client, or you, presses the End Call button.
8.3 You agree that a Client may end a Call when it chooses to do so whether you have completed your advice or not. In addition, a Call may be curtailed or Advisory Services suspended if we receive notification at any time there are insufficient funds in a Client’s bank account linked to its registration.
8.4 We shall pay you the Fee less the Commission on or before 24:00 Monday in respect of Fees received during the previous week, provided that you agree that we may amend the time for payment at our sole discretion. You acknowledge and agree that we shall have no liability to pay you any sums unless and until we receive the Fee in respect of the Advisory Services provided by you, and all payments are subject to the dispute provisions set out in Clause 11.
8.6 A Client may give an additional tip to the Advisor. This tip will subject to the same Platform’s commission rate as the main Fee.
- You are solely responsible for all income tax, national insurance contributions and any other taxes arising out of the payment of sums due to you under these Terms. If for any reason Jinitto becomes liable to pay any such liabilities, the Advisor shall reimburse Jinitto in an amount equal to all amounts assessed to be payable by Jinitto.
9.1 You may link to our website home page provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site on any website that is not owned by you. We reserve the right to withdraw linking permission at any time.
9.2 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
9.3 Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. Jinitto has no control over the contents of such sites or resources. Jinitto does not endorse the promotions, products or services of any third parties, nor does it warrant or validate the accuracy of any third party advertisements, promotions, communications or other materials. Jinitto does not assume any responsibility or liability for the accuracy of information contained on any third party web sites.
- Disclaimer – Your attention is particularly drawn to these provisions
10.1 We warrant that we have developed and make available the Platform with reasonable skill and care.
10.2 Except as set out in Clause 10.1, and to the extent permitted by law, no other warranties, representations or conditions are made or given in relation to the Platform. In particular we give no warranty express or implied that (a) the Advisor will receive any introduction to a Client; (b) any introduction will lead to any further engagement by a Client to provide Advisory Services. We shall not be liable for any costs, claims, losses, expenses or damages incurred by the Advisor as a result of any act or omission of a Client or a potential Client; and/or (c) the Platform will provide an uninterrupted service or be error free or virus free.
- We exclude any and all liability to the Advisor, whether for breach of contract, tort (including negligence) or otherwise for (a) loss of profit, sales or business; (b) loss or corruption of data or information; (c) business interruption; (d) loss of business opportunity or anticipated saving; and/or (e) any indirect or consequential or incidental loss incurred by the Advisor even if we have been advised of the possibility of such losses. You agree that the provisions of this Clause 10.3 are severable. If, notwithstanding any other provision of these Terms, we are held liable to you, our maximum liability for any claim or series of claims based on the same events, is £100.
- The Advisor shall indemnify and keep indemnified Jinitto from and against all costs, claims, losses, damages, expenses and liabilities that Jinitto may suffer or incur from or in relation to (a) any claim from a Client in respect of the Advisor and/or the Advisory Services whether through the Platform or otherwise; (b) any claim from any third party in relation to the Advisory Services provided by the Advisor or any materials provided by the Advisor to carry out the Advisory Services; (c) any breach of applicable laws or regulations by the Advisor when carrying out the Advisory Services.
10.5 Nothing in these Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded by English law.
11.1 In the event of any complaint or dispute you may have in relation to Client’s actions you should first Contact Us via email on [email protected] and fully inform us of the issues surrounding your dispute in an open and engaged manner. You must contact us within 5 working days of the Call to which the dispute relates. You agree that a Client may also raise a dispute against you.
11.2 We shall review any dispute raised with reasonable skill and care and you agree to assist us to do so. You agree to comply with our decision relating to a dispute, and where appropriate refund to us all sums paid by us to you in relation to the disputed Advisory Services.
- Intellectual Property Rights
12.1 The copyright in all Platform Content is owned by or licensed to Jinitto. All rights are reserved. You can view, print or download extracts of the Content for your own use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Platform Content without our permission.
- Termination or Suspension
13.1 We reserve the right to suspend or terminate a Jinitto account at any time and for any reason without liability, including in accordance with the provisions of these Terms and (a) if any information that you provide to us is not true or we cannot verify or authenticate any such information; (b) you are convicted of a criminal offence or act in any way that may bring Jinitto into disrepute; (c) after a one (1) month continuous period of inactivity; and/or (d) if we receive frequent complaints or disputes are frequently raised in relation to your activities on the Platform.
13.2 Following termination by us of your Jinitto account you must cease to use the Platform and you must not re-register on the Platform under any other name.
13.3 You may terminate your Jinitto account on notice to us, and provided there are no outstanding sums due or payable, we shall delete the account within 10 days of receipt of such a notice.
14.2 If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
14.3 Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
14.4 We may assign or otherwise transfer our rights and obligations in terms of these Terms to third parties.
- Governing Law & Jurisdiction
15.1 These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.
- Additional Terms for Users who download the App from the Apple iTunes App Store
We both acknowledge that these Terms are concluded between you and us only, and not with Apple, and therefore, we, not Apple, are solely responsible for the App and the content thereof.
The licence granted to you for the App is limited to a non- transferable licence to use the App on an iPhone, iPad or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms and Conditions.
We, not Apple, are solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms. We both acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
We both acknowledge that we, not Apple, are responsible for addressing any claims by you or any third-party relating to the App or your use or possession of the App, including, but not limited to (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
We both acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third-party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
We both acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
Last updated: 16 October 2017