The Yessettle Mediator and lawyer Terms and Conditions (this "Agreement") are applicable to you, an expert in your field (“Expert”) who access and/or use the platform for providing on-line advice, professional consulting or Mediation services ("Mediator and legal experts Platform") available at www.yessettle.com powered by yessettle.
You are considered to be an "Expert" if you have a recognized degree or qualification in the category you are registered for which no degree is mandatory, and register to be an Expert with the explicit purpose of providing your expertise to the users of the Yessettle Platform.. Your Registration Form is subject to approval of Yessettle once the same is accepted, your profile will be activated by Yessettle
Rejection of a profile may occur due to incomplete forms, or due to any other reason that may not have been specifically mentioned here and in no way implies a rejection of the expert and his or her qualifications.
Anyone who has registered themselves on the Yessettle platform with the purpose of taking advice or services from an expert will be deemed as a member or user of Yessettle. Such members or users may or may not have made a payment on the platform, and may use the platform to avail of free consultation and mediation, if the same has so been provided by the expert. Therefore a user or member may or may not be a paid member of Yessettle.
This Agreement applies with respect to you or any Expert’s access and/or use of the Expert Platform regardless of where such Expert Platform is made available.
In addition to the Expert Platform being available at the Sites, the Expert Platform, or a portion thereof, may also be made available via third party websites. If you or any Expert has accessed the Expert Platform, or any portion thereof, via a website owned, operated, managed, maintained or controlled by a third party, your or any Expert’s use of such website may be subject to terms and conditions imposed by such third party as well. Yessettle is not and shall not be responsible or liable for any terms, conditions, policies, acts, omissions etc. of any such third parties.
YOU AGREE THAT BY USING THE EXPERT PLATFORM YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.
This Agreement sets forth and contains the terms and conditions between you i.e. the Expert and Yessettle. By using any portion of the Sites you agree to be bound by this Agreement. It is advisable that you should read this Agreement carefully. In the event, IF YOU DO NOT AGREE TO BE BOUND BY ANY CLAUSE OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY CEASE FROM USING ANY PORTION OF THE SITES. In such a case, you will not be able to register as an Expert or otherwise access and/or use the Expert Platform.
Yessettle reserves the right and may modify this Agreement or any part hereof at any time as may be required for the provision of services on the Sites, for complying with the legal and regulatory framework and for other legitimate business purposes. Yessettle will expend reasonable efforts to inform you of any material change to this Agreement. That said, you as well as every Expert is encouraged to check the terms of this Agreement frequently. It is made expressly clear that by continuing to use the Expert Platform and/or the Sites (including maintaining your account) after any modifications have been made to this Agreement , would indicate your and/or the Expert’s consent to be bound by such modified agreement.
Yessettle.com provides a platform where an mediator and legal Expert may present his or her expertise and sell advice or services to interested Yessettle users. The Expert Platform allows Members to locate an Expert and ask questions or request advice and/or services from such an Expert via the Yessettle platform. Yessettle, via the Expert Platform, enables a Member to communicate with the Expert. Payments if made via the payment gateway on the Yessettle platform can be used for one or more Experts, at the complete discretion of the Member. The Member is not restricted in any way from using the services of one particular expert at any point and time.
The Expert warrants that whenever it provides Expert services to any Member of Yessettle, it shall do so after exercising reasonable standard of care or standard of care mandated by his or her profession, whichever is higher.
The Expert agrees that the Expert:
The Expert acknowledges that Yessettle merely provides a platform wherein the Meditator and Legal Experts can meet the Members and user, i.e. customers and therefore agrees that the Sites are being provided for use as is, and therefore, the expert will not have any plea, claim, or demand vis a vis Yessettle. Further, the use of Yessettle by the Expert is voluntary and completely at the Expert’s sole and entire risk, without any warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility etc.
Yessettle enables the transfer of files between Members and Experts. When opening such file attachments received from Members it is the Expert’s responsibility to scan them with an anti-virus software application prior to opening them.
Without derogating from the above or any other term of this Agreement, Yessettle may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the Expert and/or remove any content violating this Agreement. The decision taken by Yessettle shall be final in this regard. The Expert will bear all the risks associated with the uploading and transmitting of material while utilizing a Yessettle services, including reliance on its accuracy, reliability or legality.
THE EXPERT SHALL NOT DISOBEY OR COMMIT A BREACH OF THIS AGREEMENT OR ANY OTHER AGREEMENTS OR INSTRUCTIONS CONVEYED BY YESSETTLE. FAILURE TO COMPLY OR A BREACH OF THE ABOVE, WILL ENTITLE YESSETTLE, WITHOUT INTIMATING THE EXPERT, TO IMMEDIATELY BLACKLIST THE EXPERT ON ITS ROLLS, SUSPEND THE EXPERT’S ACCOUNT ON THE SITES AND THEREFORE, RESTRICT TRAFFIC TO IT, WITHOLD OUTSTANDING PAYMENTS DUE TO THE EXPERT AND EVEN, PERMANENTLY EJECT THE EXPERT FROM THE EXPERT PLATFORM.
The Mediator acknowledges that in order to have a presence on the Expert Platform as an Expert, he or she must be a registered and approved expert on the Yessettle platform The approval is done annually by Yessettle before it can access the Sites and provide online advice or professional consultancy services. Mediators also acknowledge that Yessettle merely provides the Platform where Members or users may elect to contact Mediator and Yessettle promotes the Mediator profiles though various digital and mobile properties owned by Yessettle but Yessettle cannot and does not guarantee that mere signing up and making the payment to Yessettle will result in Transactions.
The Mediator also acknowledges that any payment made to Yessettle is for the opportunity to have a presence on the Expert Platform, unless otherwise specified. The Expert also agrees that in the event a Member does contact the Expert through Yessettle’s Mediator Platform, for every call, web session, chat session etc., Yessettle is entitled to a certain percentage of the billing, which depends on the plan the Expert has chosen at the time of choosing a plan. Therefore, before Yessettle makes the payment to the Mediator, Yessettle shall be entitled to deduct the amounts which have accrued to it and the remainder shall be transferred to the Expert, as agreed by the Expert at the time of registration.
With respect to the pay out cycle, the Mediator agrees that for any payment from Yessettle, a minimum of Rs. 1000 should be payable to the Mediator, in which case, such payment shall be made on a month to month basis. In the event, at the end of the month the amount outstanding to the Mediator has not reached Rs. 1000, then the Mediator shall not be entitled to the payment in that month, and the same shall be carried forward to the next month’s calculations.
Yessettle s billing system is not error-free, and Yessettle shall not be liable for any problems, miscalculations or malfunctions in processing Mediator Fees or other payments due to the Mediator If the Expert thinks that a mistake has occurred he or she must send his/her complaint to Yessettle within 30 days of discovery of such mistake. If for any reason the Member has not paid the Mediator Fee or has paid but has later charged back such payment, no Fees will be paid to the Expert for that transaction and if the money has already been sent to the Mediator. Mediator is required to repay this amount to Yessettle, and Yessettle has the right to deduct this amount from the Expert's account or from the following payments to be made from Yessettle to Mediator. Any Mediator advice that is disputed, and remains unresolved, will be withheld for a reasonable amount of time till the problem is resolved. Yessettle will have the final say with regards to disputes in this regard.
When you, create and open an account with Yessettle you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name or password. You may not use the account, username or password of someone else at any time. You will immediately notify Yessettle of any unauthorized use of your password, user name, e-mail or any other breach of security. Yessettle encourages Mediator to change their password at least once a month. Yessettle will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. You may be held liable for any losses incurred by Yessettle due to someone else’s use of your account or password.
MEDIATOR AND LEGAL EXPERT ACKNOWLEDGES AND AGREES THAT THE SITES AND EXPERT PLATFORM ARE PROVIDED ON A "AS IS" BASIS, AND THEREFORE MEMBER WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST YESSETTLE, ITS AFFILIATES, OR ANY OF THE FOREGOING'S OFFICERS, PARTNERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES, AGENTS ETC. WITH RESPECT TO THE SITES, THE EXPERT PLATFORM OR ANY MEMBER. THE USE OF THE SITES AND THE PLATFORM IS AT THE MEDIATOR AND LEGAL EXPERT’S SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, AND YESSETTLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY AND ACCURACY.
THE EXPERT SHALL NOT HAVE ANY PLEA, CLAIM OR DEMAND AGAINST YESSETTLE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT OF ANY SERVICES EXPERT DECIDES TO PROVIDE IN CONNECTION WITH THE USE OF THE SITES. YESSETTLE WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES ACQUIRED THROUGH THE SITES AND/OR YESSETTLE. THE SALE OR PURCHASE OF SERVICES IS ACCORDINGLY EFFECTED AT THE EXPERT'S SOLE AND ENTIRE RISK. UNDER NO CIRCUMSTANCES WILL YESSETTLE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS,PARTNERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY EXPERT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING FROM THE SERVICES OR ANY PROVISION OF THIS AGREEMENT.
MEDITOR AND LEGAL EXPERT ACKNOWLEDGES AND AGREES THAT YESSETTLE DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY A MEMBER AND USERS IN CONNECTION WITH PROVISION OF ANY SERVICES BY SAID EXPERT (INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS BY THE EXPERT AS TO EXPERT’S QUALIFICATIONS AND ADVICE PROVIDED BY THE EXPERT) THROUGH THE YESSETTLE SERVICE AND EXPERT AGREES TO INDEMNIFY AND HOLD YESSETTLE HARMLESS IN CONNECTION WITH ANY SUCH CLAIM AND ANY DAMAGES OR EXPENSES ARISING THEREFROM.
Yessettle does not assume, and will not be liable for:
(1) The accuracy or availability of the Sites or the Expert Platform; or
(2) Any damages or injury arising from or related to the Sites, the Expert Platform and/or any opinion, response, advice, prediction, recommendation, information, representation and/or other service provided or not provided by any Expert.
This section (disclaimer of warranty) shall survive termination or expiration of this Agreement.
Yessettle will not be liable for enforcing any agreement that was made between an Mediator and legal Expert and a Member /User, including a Member fee agreement. Expert will be solely responsible for any agreement made with a Member. It is expressly reiterated that Yessettle merely brings both the Member and the Expert on a common platform in order to increase the accessibility of the various Experts to the various Members and has no role in actual dispensation of advice.
In the event of a dispute regarding any Transaction conducted via the Expert Platform or the Sites, the Expert hereby relieves Yessettle its affiliates, their respective officers, directors, shareholders, employees, sub-contractors and agents from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys' fees, which Expert may have against one or more Members.
EXPERT EXPRESSLY UNDERSTANDS AND AGREES THAT YESSETTLE, ITS AFFILIATES, AND ANY OF THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AGENTS ETC. SHALL NOT BE LIABLE TO ANY EXPERT OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE). EXPERT FURTHER EXPRESSLY UNDERSTANDS AND AGREES THAT YESSETTLE DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY AN EXPERT IN CONNECTION WITH PAYMENT FOR SERVICES BY THE MEMBER AND EXPERT AGREES TO INDEMNIFY, DEFEND AND HOLD YESSETTLE HARMLESS IN CONNECTION WITH ANY SUCH CLAIM. THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, IN TORT OR OTHERWISE AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY OR NEGLIGENCE.
In the event applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law, and the maximum liability to Yessettle will be capped at $10 or Rs.500 whichever is higher. This section (limitation of liability) shall survive termination or expiration of this Agreement.
The Sites may contain links or other content related to web sites, products and/or services offered by third parties. Yessettle has no control over any such links, content, web sites, products or services or any information provided or transmitted via such links, web sites, products or services, or otherwise provided by any such third party. The Expert acknowledges and agrees that Yessettle is not responsible for the availability of such third party links, content, web sites, products or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. The Expert warrants and agrees that Yessettle will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, web site, content, product and/or service. Yessettle encourages the Expert to, at a minimum, be aware when he or she leaves a Site and to review the privacy practices related to third party sites.
Yessettle may include on the Sites advertisements on its own behalf or paid advertisements on behalf of third parties. By clicking on the advertisements, the Expert may be redirected to a web site of the advertiser or receive other messages, information or offers from the advertiser.
The Expert acknowledges and agrees that Yessettle is not liable or responsible for the content, products or services of such advertisers or the web sites, links, information, messages, offers or privacy practices of such advertisers. The Expert is wholly liable for all communications and transactions with advertisers.
Yessettle reserves the right to modify or discontinue, temporarily or permanently, any service in or on the Sites, with or without notice to the Expert. The Expert agrees that Yessettle shall not be liable to Expert or to any third party for any modification or discontinuance of any service offered by Yessettle , or for any losses or damages that may result to the Expert or any third party from such discontinuation or interruption of service. Yessettle 's services depend on various factors such as software, hardware and communications networks of Yessettle, its contractors and suppliers. Yessettle does not guarantee that Yessettle's service will be uninterrupted or that it will be timely, secure or error-free.
Yessettle, in its sole discretion and for any breach of this Agreement, may terminate Expert’s participation in the services and refuse any and all current or future use by Expert of the Sites. In such a situation, the Expert will also forfeit all monies due from Yessettle. However, in the event the Expert has not breached this Agreement, but the service in or on the Sites is modified or discontinued permanently without any fault of the Expert, the Expert shall be entitled to a pro rate reimbursement of its payment.
The Sites and the Expert Platform contain copyrighted material, trade secrets and proprietary information owned by Yessettle or its licensors. This Agreement does not grant to the Expert any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of the Sites or Expert Platform; or any material or information appearing on the Sites or Expert Platform; or any services offered by Yessettle . The Expert may not create any derivative work or technology based upon any trade secret, intellectual property, confidential or proprietary information of Yessettle or its licensors. Furthermore, the Expert may not sub-license, assign, transfer, sell or make any other commercial use of his or her membership in the Sites or Expert Platform.
The Expert may not adapt or use any trademark, service mark, trade name, logo or domain name similar to or likely to be confused with those of Yessettle or its licensors, or take any other action that infringes upon or impairs Yessettle 's trademark or other intellectual property rights
Yessettle or its suppliers are the sole owners of all intellectual property, and in particular the copyright, trademarks, database and patents, in the Sites, Expert Platform and in any software, application, graphics, text and other materials used therein, including the organization and selection of the materials contained therein. In addition, except as otherwise expressly set forth or provided in this Agreement, Yessettle or its suppliers shall retain all ownership rights in and to all content displayed on the Sites and Expert Platform including copies of data transferred or received by Expert through the Sites and Expert Platform. This section shall survive expiration or termination of this Agreement.
Expert will indemnify, defend and hold harmless Yessettle, and its employees, representatives, agents and Affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against Yessettle or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by Expert according to this Agreement; (b) Expert's provision of services to any third party, regardless of whether or not they are Members of Yessettle; or (c) any materials that Expert has posted to Yessettle and its Sites and/or any content on Expert's Web site or otherwise provided to Members. Expert represents and warrants that it maintains and will continue to maintain adequate insurance if such insurance is required by any applicable laws or regulations which apply to the provision of services by Expert, including, without limitation, professional liability insurance applicable to the legal and medical professions
Yessettle may disclose Expert information including personal information if Yessettle reasonably believes that disclosure
(i) Is necessary in order to comply with a legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirement of any governmental authority,
(ii) Would potentially mitigate Yessettle’s liability in an actual or potential lawsuit,
(iii) Is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity,
(iv) To enforce this Agreement (including, but not limited to ensuring payment of fees by Experts), or
(v) As may be required or necessary to deter illegal behavior (including, but not limited to, fraud).
Yessettle grants Mediator and Legal Experts a limited, nonexclusive, revocable right to use the Sites provided that Expert does not copy, modify, create a derivative work of, reverse engineer or otherwise attempt to discover any source code thereof, and provided further that you remain fully compliant with all terms and conditions of this Agreement and all other policies referenced herein or otherwise made available on the Sites.
You shall not assign your rights or obligations pursuant to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of Yessettle Any purported assignment without the prior written approval of Yessettle will be null and void and of no force or effect.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the India (excluding any rules governing choice of laws), and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in New Delhi, India. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Yessettle and the Expert with respect to the subject matter hereof, and the Expert has not relied upon any promises or representations by Yessettle with respect to the subject matter except as set forth herein. Persons and entities who live in a territory that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the India are not permitted to use or access the Expert Platform or the Sites.
No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.