JINITTO: Terms and Conditions of Use
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY AS THEY GOVERN YOUR ACCESS AND USE OF JINITTO. IF YOU DO NOT UNDERSTAND, ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS YOU ARE NOT AUTHORISED TO ACCESS OR USE JINITTO AND YOU SHOULD EXIT THE PLATFORM AND CANCEL ANY CALL IMMEDIATELY.
Jinitto is NOT to be used in an EMERGENCY situation
IF YOU BELIEVE THAT YOU OR THE PERSON YOU ARE ASSISTING IS IN AN URGENT OR EMERGENCY SITUATION YOU SHOULD IMMEDIATELY DIAL 999 OR SEEK ALTERNATIVE EMERGENCY MEDICAL SERVICES.
- 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 operates as a platform to allow participating professional service providers to provide information and advice to other users. Jinitto does not itself provide information or advice nor does it act as an agent of any provider. We merely provide the Platform for communication and enable payments to be made.
- The Platform is for users in the United Kingdom only. Jinitto makes no representation that the information and/or the services provided via the Platform are applicable to, appropriate for or available outside the United Kingdom. Accessing the Platform from territories where any content and/or services may be illegal is strictly prohibited.
2.1 In addition to the terms defined in Clause 1.1, in these Terms, the following words have the following meanings:
Advisors: the professional service providers operating on the Platform.
Advisor Services: the information and advice given by the Advisor to a Client on the Platform.
Call: a video conferencing or voice call between you and an Advisor arranged and provided through the Platform during which Advisory Services are provided to you.
Client, you: a user purchasing Advisory Services from an Advisor on the Platform;
Fees: the fees due from the Client for the Call [include link to Fee page].
Platform Content: all materials on the Platform, including all information, data, text, images, recordings and software.
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 Jinitto 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 Jinitto account.
3.3 Jinitto reserves the right to terminate your Jinitto 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 Jinitto account on the Platform.
3.3 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 order to ensure you have not fraudulently created your Jinitto account. 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.
3.4 We may also verify your identity with third party providers of online ID verification services. We will ask you to provide us with certain information (generally your name, address and date of birth) which we will need to share with the third party providers in order to verify your identity. If the check conducted by our third party provider results in a “fail”, we will ask you to provide secondary ID information (in hard copy or otherwise) such as Driving Licence, Military ID Card, Police Warrant Card or UK Disabled Driver Card. If you fail to provide us with this secondary ID information, we may be unable to provide access to the Platform to you, we may cancel any Call that you may have booked through the Platform.
- 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 (including but not limited to Advisors) 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 information you provide to an Advisor 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. In particular, if you upload any content or advice given to you by a third party, you must be sure that you have the express right to upload such content or advice, and you agree that you have not amended the content or advice before uploading it to the Platform.
4.3 All communications between you and an Advisor 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.
4.4 You may not make any form of recording of any Advisory Services.
4.5 If we deem in our sole discretion that any content or information you share with the Platform is in breach of this Clause 4, we maintain the right to delete any such content or information and/or to suspend your access to the Platform.
- Choosing and connecting with an Advisor
5.1 The Platform allows you to search for an Advisor based on the category of his or her profession, then based on further subcategories. The Platform allows you 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 you can check their full profile including their qualifications and Fees. In the latter case, the Platform allows you to call directly the Advisor you chose.
5.2 Once you have chosen an Advisor, the Platform will send a request to that Advisor. The Advisor may accept or reject the request at its own discretion. Jinitto does not make any guarantee whatsoever as to the availability of any Advisor at any time. If the Advisor rejects your request, you may choose to connect to another Advisor or retry the same Advisor.
5.3 Jinitto will make all reasonable endeavours to connect you to your chosen 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.
5.5 You agree to (a) provide at your own cost all appropriate materials to access 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.
5.6 Without prejudice to Clause 5.5 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.
5.7 You acknowledge that Jinitto does not guarantee a connection can be made or maintained at any time.
5.8 If you require Advisory Services and Jinitto is inaccessible or there are no Advisors to suit you; or start a connection that fails; or when an Advisor is not available, you understand and agree that it is your sole responsibility to seek appropriate alternative advice from alternative service providers.
5.9 You further agree that from time to time, there may be delays on communications and/or break-up in sound or images through the Platform. Again, we shall have no liability for such delays or break ups.
5.10 If you make a Call immediately, you should select from the Advisors on the Platform that have marked themselves as available for receiving Calls. The statuses you see on the Platform are based on best estimates having reviewed live activity and usage statistics and you accept that the waiting time and all other time estimates do not guarantee provision of the Advisory Services, or that a connection with an Advisor will be made within certain parameters, within a given time period or at all.
6 Availability of the Platform
6.1 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.
6.2 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 and Payment
7.1 The Fee for the Advisor is set out in the Advisor’s profile. The 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. You will be charged for each block of minutes at the start of the next block.
7.2 The first 60 seconds of the Call are free of charge allowing you and the Advisor to make sure the technical quality of the Call is acceptable and that you are happy to talk to the Advisor and that the Advisor is happy to provide Advisory Services to you.
7.3 You understand and accept that you will be charged the Fee from the 61st second of the Call. Please do ensure that you press the End Call button if you do not wish to be charged a Fee. You accept that the End Call button provided by Jinitto on the Platform is clearly-placed, appropriately-signposted and understood by you to be used to end the Call.
7.4 You may end a Call when you choose to do so, but we recommend that you ask the Advisor if they have completed their advice before you do so. We are in no way liable if you choose to end the Call prematurely.
7.5 All Fees incurred on your account are your sole responsibility and MUST be pre-authorised prior to a Call and paid in full without set-off or withholding any sums immediately after the Call.
7.6 Calls may be curtailed or Advisory Services suspended if we receive notification at any time there are insufficient funds in your account linked to the Platform. Furthermore, you agree that any Fees not paid on the date incurred shall immediately become overdue and bear daily interest at the rate of 8% per annum above the Bank of England’s base rate, and that costs of collection, including any Court costs and reasonable legal costs shall be added as principal amounts to such balance.
7.7 You expressly hereby authorise Jinitto to pre-authorise or charge any debit and/or credit card linked to the Platform with any applicable Fee. You accept that any failure of pre-authorisation or authorisation processes is likely to result in the Advisory Services not being provided. You understand that the Advisory Services may not be provided or Calls cancelled if your billing information is inaccurate, invalid, or without funds.
7.8 If you are satisfied with the Advisory Service from an Advisor, you may give an additional tip to the Advisor. In addition, you will be invited to rate the Advisory Services through a star system and/or provide feedback. All ratings and feedback must be honest and truthful and comply with the provisions of Clause 4. If you are dissatisfied with the Advisory Services, please raise a dispute in accordance with Clause 10.
7.9 The Fee does NOT include or cover any other fees outside of the Call with an Advisor, and Jinitto does not accept payment by insurers on your behalf at this time, unless expressly provided for in writing by Jinitto at its sole discretion.
8.1 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.
8.2 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.
8.3 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
9.1 We warrant that we have developed and make available the Platform with reasonable skill and care and that it is of satisfactory quality and fit for purpose. Furthermore, we have used commercially available anti-virus software on the Platform.
9.2 Except as set out in Clause 9.1, and to the extent permitted by law, no other warranties, representations or conditions are made or given in relation to the Platform. In particular: (a) we do not make any representation or give any warranties regarding the Advisory Services and/or the Advisors’ training, qualifications or skill, although we do, make appropriate checks to ensure certain aspects of the Advisor validity, such as their registration and/or certifications and/or accreditations and/or diplomas; (b) we do not make any no representation or warranty as to the content of any response from any Advisor; Advisors are independent contractors and not employees of Jinitto and any views expressed or advice provided by Advisors are not endorsed by Jinitto; (c) we do not guarantee that a video/chat/picture message call is the best course of accessing advice or indeed the appropriate course for addressing your particular issue. Furthermore, Jinitto is not a substitute for your primary provider; and (d) we do not warrant the availability of any Advisor at any time.
9.3 You accept and agree that the Advisory Service reflects the information you give the Advisor. It is entirely your responsibility honestly to present information when questioned in as much detail as possible. The accuracy of the information is paramount. Accordingly, you warrant without exception that any information you provide is honest, legitimate and an accurate representation of your situation or issue you need advice on as you see it.
9.4 Our maximum liability to you in respect of any failure by an Advisor to provide the Advisory Services as requested is to raise a dispute, and if we agree to do so following a review of the dispute, to provide you with a refund for the Advisory Services. We are not liable for any further costs incurred by you in obtaining replacement advice, losses incurred in relying on the Advisory Services and/or disappointment or inconvenience caused by the Advisor’s acts or omissions.
9.5 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.
10.1 In the event of any complaint or dispute against an Advisor 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. If you fail to contact us within 5 working days of the Call, we shall have no obligation to review your dispute.
10.2 If you use chargeback services available via your payment card provider in an attempt to self-issue refunds and Jinitto is successful is disputing any chargeback with your provider, you will pay Jinitto’s reasonably-incurred fees and costs in relation to administration and legal work in disputing your claim. You agree to pay such fees to us in cleared funds no more than 30 days from the dispute being successfully decided in Jinitto’s favour.
10.3 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 pay the Fee due to you in relation to the disputed Advisory Services.
- Intellectual Property Rights
11.1 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
12.1 We reserve the right to suspend or terminate an 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 complaints or disputes are raised in relation to your activities on the Platform.
12.2 Following termination by us of your account you must cease to use the Platform and you must not re-register on the Platform under any other name.
12.3 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.
13.2 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.
13.3 Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
13.4 We may assign or otherwise transfer our rights and obligations in terms of these Terms to third parties.
13.5 If you have any complaint or wish to raise a dispute under these Terms or otherwise in relation to the Platform Content please follow this link http://ec.europa.eu/odr.
- Governing Law & Jurisdiction
14.1 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