These terms and conditions of Use (hereinafter referred as “Terms of Usage”) describe and govern the User’s use of the content and services offered by Set Sprout Solutions Private Limited through www.xpertnow.in (hereinafter referred as “We” “XpertNow” “us” “our” “XpertNow application” “Website/application”).
UPDATION
The Website/application/application may update/amend/modify these Terms of Usage from time to time. The User is responsible to check the Terms of Usage periodically to remain in compliance with these terms.
USER CONSENT
By accessing the Website/application and using it, you (“Member”, “User”, “You”, “Your”) indicate that you understand the terms and unconditionally & expressly consent to the Terms of Usage of this Website/application. If you do not agree with the Terms of Usage, please do not click on the “I AGREE” button. The User is advised to read the Terms of Usage carefully before using or registering on the Website/application or accessing any material, information or services through the Website/application. Your use and continued usage of the Website/application (irrespective of the amendments made from time to time) shall signify your acceptance of the terms of usage and your agreement to be legally bound by the same.
GENERAL DESCRIPTION
The Website/application is an internet-based portal having its existence on World Wide Web, Application and other electronic medium and provides expert assistance in the field of tax, finance & legal, Education & Training, Mental Wellness and Physical Wellness through Chat, Audio call, video call and classroom (hereinafter referred as “Content”). The Website/application is offering “Free Services” and “Paid Services” (Collectively referred as “Services”). Free Services are easily accessible without becoming a member however for accessing the personalised services and/or receive additional Content and get access to Paid Services, you are required to register as a user (either a service provider or a service recipient) on the Website/application. The Website/application enables Users to work together online to provide and receive services on mutually agreed fee based on per minutes usage. We are not a party to any contractual agreements between provider and receiver of services in the online venue, we merely facilitate connections between the users. By registering for Paid Services, a user agrees to:
1. Terms for Service Providers
By registering as a Service Provider on XpertNow, you agree to the following terms:
1.1 Registration and Eligibility
1.1.1 You must be able to form legally binding contracts.
1.1.2 You must provide accurate and complete information during registration.
1.1.3 You must have the necessary qualifications, certifications, or expertise to provide the services you offer.
1.1.4 Your registration and call charges are subject to approval by XpertNow.
1.1.5 You must comply with all applicable laws, including GST registration if required.
1.2 Earnings and Portal Fee
1.2.1 All charges on the platform are inclusive of GST unless explicitly mentioned otherwise.
1.2.2 XpertNow deducts a 50% portal fee (excluding GST) and applicable TDS before remitting payments to service providers.
1.2.3 Service Providers are responsible for complying with applicable GST laws and furnishing necessary GST details to XpertNow when required.
1.2.4 XpertNow will deduct TDS (Tax Deducted at Source) from payments made to Service Providers in accordance with Indian tax laws.
1.3 Service Standards
1.3.1 Service providers agree to deliver services professionally, ethically, and within the agreed timelines.
1.3.2 Service providers must not share misleading or inaccurate information.
1.3.3 Misconduct or misrepresentation can result in account suspension or termination.
1.4 Call Recordings and Confidentiality
1.4.1 All calls will be recorded for quality and dispute resolution purposes.
1.4.2 XpertNow will retain these recordings and ensure their confidentiality.
1.4.3 You must maintain the confidentiality of any client information shared during a consultation.
1.5 Payment Terms
1.5.1 Payments will be processed weekly/monthly (as decided by XpertNow).
1.5.2 Payment is subject to deductions for XpertNow’s Portal fee and applicable GST & other taxes as applicable.
1.5.3 You are responsible for filing and paying applicable taxes on your income.
1.6 Termination
1.6.1 XpertNow reserves the right to terminate your account in cases of:
1.6.2 Misrepresentation of qualifications and other information.
1.6.3 Inappropriate or unethical behaviour.
1.6.4 Breach of these T&Cs.
2. Terms for Service Users
By using the XpertNow platform, you agree to the following terms:
2.1 Registration and Eligibility
2.1.1 You must be able to form legally binding contracts.
2.1.2 You must provide accurate and complete information during registration.
2.1.3 You agree to use the platform solely for lawful purposes.
2.2 Service Charges and Refunds
2.2.1 All charges on the platform are inclusive of GST unless explicitly mentioned otherwise.
2.2.2 You agree to pay the applicable charges before or during the service session.
2.2.3 XpertNow will not be liable for refund requests unless there is a proven technical issue or service breach.
2.2.4 XpertNow will process refunds only in cases of proven technical errors or verified service breaches. Users must raise such disputes within seven (7) days of the service being rendered.
2.3 Use of Services
2.3.1 You are responsible for the content and purpose of your queries.
2.3.2 You must not use the platform for illegal activities or to seek services that violate laws.
2.3.3 Harassment or abuse of Service Providers or XpertNow staff will result in immediate account suspension.
2.3.4 XpertNow does not guarantee the outcome of services offered by Service Providers, as it merely acts as a marketplace connecting users and providers.
2.4 Call Recordings and Confidentiality
2.4.1 By using the platform, you consent to the recording of all calls for purposes of quality assurance, dispute resolution, and service improvement.
2.4.2 XpertNow will ensure the confidentiality of your personal information and call recordings.
2.4.3 Y Call recordings will be securely stored by XpertNow and accessed only by authorized personnel.
2.5 Limitation of Liability
2.5.1 XpertNow acts as a marketplace connecting users with professionals and does not guarantee the outcome of the services provided.
2.5.2 XpertNow will not be liable for any losses, damages, or disputes arising between Service Providers and Service Users.
2.6 Termination
2.6.1 XpertNow reserves the right to suspend or terminate your account for:
2.6.2 Misuse of the platform.
2.6.3 Breach of these T&Cs.
3. General Terms (Applicable to Both Providers and Users)
3.1 Platform Use
3.1.1 You agree not to misuse, hack, or damage the platform in any way.
3.1.2 XpertNow reserves the right to update or modify the platform at its discretion.
3.1.3 Users may request access, modification, or deletion of their data by contacting XpertNow support.
3.1.4 By using XpertNow, you agree to the data collection practices outlined in the Privacy Policy, which include encryption of sensitive information such as payment details.
3.1.5 XpertNow collects and processes user information solely for service delivery and quality improvement in compliance with the Indian Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
3.2 Information Collection and Use
3.2.1 As part of the onboarding process, you are required to provide the following information:
· Identity Documents: Aadhaar, PAN, and GSTIN (if applicable).
· Qualification Documents: Degrees, certifications, or other professional credentials.
· Profile Picture: A clear photo for public display.
· Professional Profile: Name, expertise, qualifications, and a description of your services.
3.2.2 Use of Information
· Your profile picture and professional profile will be publicly displayed on the XpertNow platform to help clients identify and engage with you.
· Other information (e.g., Aadhaar, PAN, GSTIN, and degree documents) will be used solely for identity verification, regulatory compliance, and internal purposes.
· XpertNow will not share private information with unauthorized third parties.
3.2.3 Public Display of Information
· Your profile picture and professional profile will be visible to all users on the platform.
· Publicly displayed details include your name, qualifications, expertise, and service descriptions.
· By agreeing to these terms, you consent to the public display of this information for the purpose of connecting with potential clients.
3.2.4 Consent for Verification You authorize XpertNow to:
· Verify your identity, qualifications, and GST compliance through authorized agencies.
· Contact government or regulatory authorities for identity confirmation if required by law.
· Your Aadhaar, PAN, GSTIN, and degree details may be cross-verified but will not be misused or disclosed beyond the stated purposes.
3.3 Dispute Resolution
3.3.1 Disputes will be resolved through mediation using call recordings and other evidence.
3.3.2 If arbitration is required, the Arbitration and Conciliation Act, 1996, will apply.
3.3.3 The arbitration decision will be final unless contested in court.
3.4 Modifications to Terms
XpertNow reserves the right to modify these terms at any time. Changes will be communicated via email or platform notifications.
3.5 Governing Law
3.5.1 These Terms and Conditions are governed by the laws of India.
3.5.2 Any disputes will be resolved under the jurisdiction of the courts in Gurugram.
3.5.3 Disputes will first be addressed through arbitration under the Arbitration and Conciliation Act, 1996. The arbitration venue shall be Gurugram.
3.5.4 The Aadhaar Act, 2016.
3.5.5 GST laws, where applicable.
3.5.6 Professional conduct and certification requirements relevant to your field.
3.6 Indemnification
Both Service Providers and Users agree to indemnify XpertNow against any claims, damages, or liabilities arising from their use of the platform.
3.7 Intellectual Property Rights
3.7.1 All content, software, branding, and other materials on XpertNow are the intellectual property of Set Sprout Solutions Private Limited.
3.7.2 Users are prohibited from reproducing or redistributing such content without written consent.
Acknowledgment and Acceptance
By registering or using the XpertNow platform, you acknowledge that you have read, understood, and agree to these Terms and Conditions.