Terms of Policy

TERMS AND CONDITIONS FOR CUSTOMERS

Consults24 Additional Terms for Customers (United States)

Applicable Terms:

By using Consults24 by Accelx you agree to be bound by our Accelx Terms of Service (“Accelx ToS”), Accelx's general Privacy Policy, the Consults24 Product Policies, and the additional terms below (the “Additional Terms”), all of which together are referred to as the “Terms”. Accelx's provision of the Consults24 service as described in these Terms is a “Service” as defined in the Accelx ToS. By using the Service, you agree to these Terms. It is important for you to read each of these documents, as they form a legal agreement between you and Accelx regarding your use of the Service.

Using the Service. You may use the Service to browse, locate, and/or schedule a Consults24 session. Some Consults24 may be offered by Accelx while others may be made available by third parties (each referred to as a “Provider”).

Important Disclaimers:

Accelx does not participate in the provision of advice or the creation of the content of any consults24 session offered by a third party provider, and does not represent or endorse and will not be responsible for: (a) the reliability or performance of any third party provider; (b) the safety, quality, accuracy, reliability, integrity or legality of any consults24 session offered or provided by a third party provider; or (c) the truth or accuracy of the description of any consults24 session offered or provided by a third party provider, or of any advice, opinion, offer, proposal, statement, data or other information provided by a third party provider displayed, distributed, or purchased through the service.

Accelx disclaims all liability for the actions, errors or omissions of third-party providers.

Verifying Provider details:

Although Accelx may in some instances attempt to verify certain information provided by Providers, Accelx has no obligation to do so and makes no representations regarding the accuracy of such verification. It is your responsibility to verify the identity, qualifications and status of a Provider.

Basic Use Requirements:

To use the Service, you will need a device capable of making a Hangouts call and working Internet access.

Age Restrictions:

In order to use the Service you must be 13 years of age or older. If you are between 13 and 18 years of age, you must have your parent or legal guardian’s permission to use the Service. You must not access the Service or accept these Terms if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service or any Consults24 session under the laws of the country in which you are resident or from which you access or use the Service.

Purchasing a Consults24 session:

In order to schedule certain Consults24, you may be required to provide information about yourself such as your name, address, and billing details to Accelx. Accelx’s privacy policy explains how we treat your personal data and protect your privacy when using the Service. You agree that any such information you provide to Accelx will always be accurate, correct and up to date.

When you schedule a Consults24 session you are committing to purchase that Consults24 session from the Provider, so please review the Consults24 session description carefully before purchasing it. A Provider may change the pricing and availability of a Consults24 session at any time before you purchase it. A Provider may also post rescheduling and cancellation policies in the Consults24 session description that may limit your ability to reschedule or cancel the Consults24 session without penalty.

You can purchase Consults24 using Accelx Wallet. If you do not have a Accelx Wallet Account, you can set one up here, where you can also find more information about Accelx Wallet. You agree to the Wallet Terms of Service when you purchase a Consults24 session using Accelx Wallet. Please ensure that you read those terms carefully before making any purchase.

Accelx may make available to you various payment processing methods in addition to Accelx Wallet to facilitate the purchase of a Consults24 session. You must abide by any relevant terms and conditions or other legal agreement, whether with Accelx or a third party, that governs your use of a given payment processing method. Accelx may add or remove payment processing methods at its sole discretion and without notice to you.

Once your purchase is complete, Accelx or Accelx’s payment processor may charge your credit card or other form of payment that you indicate for any Consults24 session ordered, along with any additional applicable amounts (including any Taxes). “Taxes” means any duties, customs fees, or taxes (other than income tax) associated with the sale of a Consults24 session, including any related penalties or interest. You agree to pay and are solely responsible for all amounts due for your purchase of a Consults24 session, including Taxes.

Compliance with Tax Laws:

You must comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of the Service. The reporting and payment of any such applicable taxes are your responsibility.

Refunds:

The Payment processor’s terms and conditions regarding refunds apply to your purchase of a Consults24 session except that you can also request a full or partial refund from the Provider, and if the refund offered by the Provider is unsatisfactory you can appeal that decision to Accelx under the terms of the 100% Money Back Guarantee. If a refund is granted for a Consults24 session, you may no longer be able to access the recording of that Consults24 session if one was made.

Recorded Consults24:

You may record a Consults24 session if both you and the Provider consent to the recording. Both you and the Provider will receive a copy of the recording after the Consults24 session has finished. Separately Accelx may record a Consults24 session (i) for quality assurance purposes; or (ii) in response to a report of abuse as detailed below under “Misuse of the Service”. More details about recordings are provided in the Recording of Session policy.

Misuse of the Service:

There is an option available in the Service to report abuse. A report of abuse may trigger a recording of the Consults24 session in progress regardless of whether you have opted-out of recording for quality assurance purposes.

Access to Data in the Service:

Accelx or its agents may access and review Consults24 session recordings, messages or other private information in the Service for any reason, including to provide customer service and to review claims of abuse. All such information will be handled in accordance with the Accelx Privacy Policy, unless stated otherwise.

TERMS AND CONDITIONS FOR PROVIDERS

Consults24’s Additional Terms for Providers (United States)

Last modified: December 3, 2014 (view archived versions)

Applicable Terms:

Thanks for using Consults24. Consults24 is a service provided by Accelx Inc. (“Accelx” or “we”) located at 1600 Amphitheatre Parkway, Mountain View, California 94043, USA, and is subject to the Accelx Terms of Service (“Accelx ToS”). Consults24 is a “Service” as defined in the Accelx ToS, and these Consults24 Additional Terms for Providers are additional terms which apply to the use of Consults24. Your use of Consults24 is subject to these Consults24 Additional Terms for Providers, Accelx's general Privacy Policy, the Consults24 Product Policies, and the Accelx ToS (which together we refer to as the “Terms”).

To use Consults24, it is necessary that you agree to the Terms. Please read the Terms carefully. If you do not fully accept the Terms, you may not use Consults24.

Please note that these Terms are separate to any additional terms which may be applicable between (a) you and the third-party website through which you are accessing Consults24; and/or (b) you and the Consults24 customer. Such additional terms may include provisions in respect of the ownership or licensing of intellectual property rights. Any and all such terms (including in relation to intellectual property rights) are between you and the third-party website operator and/or the Consults24 customer, and Accelx does not have any responsibility or liability to you in respect of such terms.

Providing Consults24:

The Consults24 listings and information you provide must be accurate, complete, and not misleading. You agree to not misrepresent in any way, whether material or not, any aspect of your identity, background, skills, qualifications, credentials, regulated status, or professional standing when using the Service. You agree to comply with all applicable laws and regulations in the jurisdictions in which you provide or offer to provide a Consults24 session. If your offer or provision of a Consults24 session requires a license or other regulatory approval, you must first obtain that license or approval and remain in good standing before offering or providing the Consults24 session.

You agree to protect the privacy and legal rights of the customers of your Consults24. You are the sole data controller of the personal data you collect in relation with your Consults24 and must comply with any applicable data protection law. If your customers provide you with personal information, you must provide legally adequate privacy notice and protection for those customers. Further, you may only use that information for the limited purposes for which the customer has given you permission to do so.

Accelx has no obligation to display your Consults24 listings or information and reserves the right to display Consults24 listings or information to customers in any manner determined by Accelx, including but not limited to the right to move a listing to a more appropriate category.

Disclosure to Third Parties:

Accelx may disclose to customers or other third parties’ information regarding your aggregate activity on Consults24 (for example, how often and how soon you respond to customer messages on average, the number of repeat customers you have, the average duration of your Consults24 session, number of free/paid sessions conducted, feedback ratings and reviews (both positive and negative) on your performance). Such information may also be available on third-party websites. For further information about the use of your information or data, please refer to Accelx's general Privacy Policy.

Verifying Provider Details:

Accelx may in some instances attempt to verify certain information provided by you, although Accelx has no obligation to do so.

Basic Use Requirements:

To use the Service, you will need a device capable of making a Hangouts call and working Internet access.

Age Restrictions:

You must be 18 years of age or older to provide Consults24. Customers of your Consults24 must be 13 years of age or older (customers between 13 and 18 years of age are told in the Consults24 Additional Terms for Customers that they must have permission from a parent or legal guardian to use the Service). You must not access the Service or accept these Terms if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service or any Consults24 session under the laws of the country in which you are resident or from which you access or use the Service.

Pricing and Payments:

You may choose to provide a Consults24 session for free or for a fee. However, you may not provide Consults24 for a fee to customers within the European Union. All Consults24 which are provided to customers within the European Union must be provided free of charge. To charge a fee for your Consults24 session you must have a valid Accelx Wallet account and agree to the payment terms as specified in the Accelx Wallet Terms of Service. You may not collect fees for a Consults24 session outside of Accelx Wallet except by any other payment processing method which is made available for this purpose by Accelx. You may set the price for your Consults24 session in the currencies permitted by Accelx Wallet, but the price must be presented to the customer inclusive of all applicable taxes (including value added taxes). The price of your Consults24 session may be displayed in your customer’s local currency; however, Accelx is not responsible for the accuracy of currency rates or conversion.

You may be charged a fee to use the Service, as specified in Consults24 Fees (which may be revised by Accelx from time to time).

You are also responsible for determining if a Consults24 session is taxable and the applicable tax rate for Accelx Wallet to collect for each taxing jurisdiction where Consults24 are sold. You are responsible for remitting taxes due on a Consults24 session to the appropriate tax authority. Where either Accelx or its payment processor is required by applicable (local) legislation to determine, apply, and pay the applicable taxes on payments made or received by any one of them, Accelx or the payment processor (and not you) will be responsible for applying, collecting, and remitting the taxes to the appropriate taxing authority. If Accelx collects and remits value added taxes on consumer payments (where required of Accelx by applicable local law) and this remittance fulfils the applicable requirements for value added taxes on those consumer payments, such taxes will not be passed on to you by Accelx. Where Accelx is required to collect and remit taxes as described in this section, you and Accelx will recognize a supply from you to Accelx for tax purposes, and you will comply with the relevant tax obligations arising from this additional supply. Accelx will deduct an amount equal to such taxes from the price you’ve set for your Consults24 session in addition to the applicable Consults24 transaction fee, if any. The remainder (sales price less Consults24 transaction fee and amount equal to any taxes paid by Accelx on your behalf) will be remitted to you. You are responsible for providing any applicable tax residency certificates to Accelx. If Accelx or its service provider does not receive such documentation, Accelx will deduct taxes at the applicable tax rate.

Other Payment Processing Methods:

Accelx may make available to your various payment processing methods in addition to Accelx Wallet to facilitate the collection of fees for Consults24. You must abide by any relevant terms and conditions or other legal agreement, whether with Accelx or a third party, that governs your use of a given payment processing method. Accelx may add or remove payment processing methods at its sole discretion and without notice to you.

Cancellation Policy:

You may be required to choose a cancellation policy for your Consults24 session from the options provided, as described in the Cancellation Policy.

Special Refund Requirements:

The Accelx Wallet (or payment processor’s) terms and conditions regarding refunds will apply except that you authorize Accelx to give your customer a full refund of the Consults24 session fee on your behalf in the event that you cancel the Consults24 session, or under the terms of the 100% Money Back Guarantee.

Recorded Consults24:

Unless otherwise stated in the Recording of Session policy, you may record a Consults24 session if both you and your customer consent to the recording. Both you and your customer will receive a copy of the recording after the Consults24 session has finished. Separately, unless otherwise stated in the Recording of Session policy, Accelx may record a Consults24 session: (i) for quality assurance purposes; or (ii) in response to a report of abuse as detailed below under “Misuse of the Service”. You expressly authorize the use of your image for the purposes set out above. In addition, both you and your customer will have access to the chat transcript after the Consults24 session has finished. More details about recordings are provided in the Recording of Session policy.

Misuse of the Service:

Please ensure that you use the Service in accordance with the Consults24 Product Policies. There is an option available in the Service to report abuse. A report of abuse may trigger a recording of the Consults24 session in progress and/or access to the chat history by Accelx as required in order to investigate the reported abuse. More details about recordings are provided in the Recording of Session policy.

Access to Data in the Service:

Accelx or its agents may access and review Consults24 session recordings, messages, chat transcripts, or other private information in the Service to provide customer service, review claims of abuse, and for other reasons in accordance with Accelx’s general Privacy Policy, unless stated otherwise.

Indemnification:

You are solely responsible for, and Accelx has no responsibility to you or to any third party for any Consults24 you offer or provide. To the maximum extent permitted by law, you agree to hold harmless and indemnify Accelx and its affiliates, officers, agents, and employees from any claim, suit, or action arising from or related to your use of the Service; taxes related to the Consults24 you provide; or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees, unless you can demonstrate that you are not at fault and have not breached any provisions of these Terms or that you are not responsible as a result of strict liability provisions under applicable law.

About these Terms:

We may modify these Terms to, for example, reflect changes to the law or changes to our services. You should look at the Terms regularly. We’ll post notice of modifications to these Consults24 Additional Terms for Providers on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms, you should discontinue your use of Consults24.