WELCOME TO CONSULTARY.COM

The following terms and conditions (these "Terms of Service"), govern your access to and use of the Consultary website, including any content, functionality and services offered on or through www.consultary.com (the "Site"), by REFVerify Inc, as applicable.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles found on in the table of contents on this page.

ABOUT CONSULTARY

Consultary is the Site available as an online marketplace where Members, both Streamers and Users (as such terms are defined below), can locate and collaborate with each other and take advantage of the following services (collectively, the "Services"):

Service Fees
Consultary charges Streamer’s a service fee based on the total amount you receive for your Services from the Student. Fees due to Consultary are deducted upon transfer of funds to the Streamer's Payment Account. The balance shown on the Streamer's Payment Account is the full balance after all fees have been deducted. Please consult the Site or contact Customer Service for the calculation of applicable fees. Consultary does not charge any fees for the Streamer to register or create a listing for their Services on Consultary. Current Consultary Introductory Service Fee set to 0%, which is subject to change at any giving time with the prior notice to its members.

Connection Services. The Site is also a place where: (1) Members may upload information related to their skill and expertise (2) Members conduct searches and locate, connect with, choose, and engage each other for the purposes of skill and knowledge transfer (3) Members conduct searches and locate, connect with, choose, and engage Streamers directly for Offers, Sessions, Lessons; and (4) Streamers advertise their capabilities, respond to inquiries, and locate, connect with and engage to provide their Services directly to members. In providing the Connection Services, Consultary only provides the platform for Members and Streamers to find and contract with each other as well as to initiate web video sessions. See the Site Policies for further descriptions of Connection Services.

Transaction Services. The Site is also a platform where Consultary provides to Members and Steamers certain collaboration, feedback, and payment tools, dispute resolution process and dispute assistance, and other Services (collectively, "Transaction Services"). Transaction Services does not mean Connection Services. See Payment Account Service Terms and Conditions, and Dispute Resolution Policy for further descriptions of Transaction Services.

For as long as Consultary continues to offer the Services, Consultary shall provide (and seek to update, improve and expand, in similar and different new ways) the Site and the Services which Consultary may update, improve, discontinue and change at any time, at Consultary 's sole discretion.

SITE DEFINITIONS

  • The terms "us" or "we" or "our" refers to REFVerify Inc, the owner of the Website.
  • A "Visitor" is someone who merely browses our Website, but has not registered as Member.
  • A "Member" is an individual that has registered with us to use our Service.
  • Our "Service" represents the collective functionality and features as offered through our site to our Members.
  • A "User" is a collective identifier that refers to either a Visitor or a Member.
  • A “Streamer” is a member of the marketplace that publishes an offer to be ordered by the other members. 
  • Web video sessions and Web conferencing” may be used as an umbrella term for various types of online collaborative services including web seminars ("webinars"), webcasts, and peer-level web meetings. It may also be used in a more narrow sense to refer only to the peer-level web meeting context, in an attempt to disambiguate it from the other types of collaborative sessions.
  • All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content".

MEMBER ELIGIBILITY

This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or the Consultary services. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site. 

Our Services are available only to legal entities and individuals in business who can form legally binding contracts. To register for an Account with Consultary and become a Member, you must accept all of the terms and conditions in, and linked to, the Terms of Service. Consultary reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone.

YOUR ACCOUNT

To become a Member and use the services available from the Site you must register for an "Account". You must provide true, accurate and complete information as prompted by the registration form, and update such information to maintain its truth, accuracy and completeness. You must safeguard the Member ID and password you use to access this Site. We may rely on any use of the Site with your Member ID and password as authorized by you. You must not register for more than one Account.

FEES

You agree to pay all fees applicable to your use of the Consultary Services, and you agree not to circumvent Consultery’s fee structure, all in accordance with the Site Policies, and the Payment Account Service Terms and Conditions.

LEGAL RELATIONSHIPS

Consultary Provides the web platform
Consultary makes the Site available as an online platform where Members locate and connect with each other and take advantage of the Services. Consultary is not involved in the dealing and contracting between Members and Streamers, or in the Streamers ' delivery of Instruction Services to Members. Consultary has no control over and does not guarantee the quality, safety or legality of Instruction Services advertised, the truth or accuracy of listings, the qualifications, background, or abilities of Members, the ability of Streamers to deliver Skill, Knowledge, Lecture, Session Services, the ability of Members to pay for Streamer’s Services, or that a Member or Streamer can or will actually complete a transaction.

Performance of Member Contracts
Upon confirmation of session time and price by Streamer, the Member agrees to purchase, and the Streamer agrees to deliver, the Instruction Services in accordance with the Terms of Service (collectively the "Member Contract"). You agree not to enter into any contractual provisions in conflict with the Terms of Service. The Member and Streamer each covenants and agrees to act with good faith and fair dealing in performance of the Member Contract. Furthermore, the Member and Streamer each acknowledges and agrees that the value, reputation, and goodwill of the Site depend on their performance of the foregoing covenants and agreements. The Member and the Streamer therefore agree that Consultary has the right to take such actions with respect to the Member Contract, including without limitation suspension, termination, or legal actions, as Consultary in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Site.

Taxes, Reporting and Legal Responsibilities
Each Member is solely responsible for satisfying any income tax, VAT, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law, including without limitation those applicable to the purchase and sale of Services from and by independent contractors.

Directory of Streamers
The Site contains a directory of Steamers. The directory is populated with information from third party sources, from Steamers themselves and from other Members. Consultary provides this directory as a convenience and does not confirm or verify the information contained in it.

Third Party Content, Verification and Monitoring
Consultary has no editorial control over content provided by third parties. Consultary is not responsible for and does not monitor content for accuracy or reliability. Any opinions, advice, statements, Services, offers or other information or content express or made available by third parties, including Members, are those of the respective author(s) or distributor(s) and not of Consultary. Consultary neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on this Site by anyone other than authorized Consultary employees acting in their official capacities. Consultary does not confirm or verify if a Streamer claiming to be a professional or claiming to be qualified to provide professional advice or consultation is in fact licensed or otherwise qualified to provide the Services or advice being requested.

Links
This Site may contain links to other Web sites or resources and access and use of certain services offered by third parties, including online communication services such as chat, email and calls and your access and use of those Web sites, resources or services, including the online communication services, will be governed by the terms and policies of the Web site or resource or Streamer. These services are owned and operated by the third party Streamers and their licensors. You acknowledge and agree that Consultary is not responsible or liable for: (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such Sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links and these services at your own risk.

No Agency
The Terms of Service and any registration for or subsequent use of this Site will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and Consultary, except and solely to the extent expressly stated.

Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Site) from the Site, any software code that is part of the Site, or any services that are offered on the Site without the prior express written permission of Consultary (aka REFVerify Inc.) and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper operation of the Site or any activities conducted on the Site; or (d) bypass any measures we may use to prevent or restrict access to the Site or any subparts of the Site.

Data
You are responsible for creation, storage, and backup of your business records. The Terms of Service and any registration for or subsequent use of this Site will not be construed as creating any responsibility on Consultary's part to store, backup, retain, or grant access to any information or data for any period.

WARRANTY DISCLAIMER
THE SERVICES PROVIDED BY CONSULTARY OR ANY OF OUR LICENSORS OR INSTRUCTORS ARE PROVIDED "AS IS," AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE BY ANY THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR LICENSORS OR INSTRUCTORS BE LIABLE TO YOU OR ANY OTHER MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, OFFENCE, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED IN THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF SERVICE CHARGES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

RELEASE
If you have a dispute with another Member, you release Consultary (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You hereby waive California Civil Code §1542 (and any analogous law in any other applicable jurisdiction), which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

INDEMNITY
You agree to defend, hold harmless and indemnify Consultary from and against any and all losses, costs, expenses, damages or other liabilities incurred by Consultary from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against Consultary: (a) in connection with your use of the Services including any payment obligations incurred through use of the Services; or (b) resulting from: (i) your use of the Site (ii) your decision to supply credit information via the Site, including personal financial information; (iii) your decision to submit postings and accept offers from other Members; (iv) any breach of contract or other claims made by Members with which you conducted business through the Site; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any Member; (viii) any act or omission of yours with respect to the payment of fees to any Streamer; (ix) your dispute of or failure to pay any invoice or any other payment; and/or (x) your obligations to a Streamer. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.

INTELLECTUAL PROPERTY

License and Site Access
Subject to and conditioned on compliance with the Terms of Service, Consultary grants you a limited license to access and, if you are a Member, to use this Site internally for the purpose of ordering and receiving the Services available and authorized from this Site. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this Site in any way for any public or commercial purpose without prior written consent of Consultary or the rights holder, unless such actions have previously been expressly permitted by Consultary or the rights holder for the content in question. You will not attempt to reverse engineer or attempt to interfere with the operation of any part of this Site unless expressly permitted by law. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by Consultary.

Reservation of Rights; Limited Licenses
Consultary and its licensors retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site. The Consultary logo and name are trademarks of REFVerify Inc, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on the Site may be the trademarks of their respective owners.

Except as expressly stated above, nothing in the Terms of Service confers any license under any of Consultary’s or any third party's intellectual property rights, whether by estoppel, implication or otherwise.

CUSTOMER SUPPORT

Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here or email to support@consultary.com

The last update to our Terms of Service was posted on June 15, 2016.

UPDATED AND COMMUNICATIONS

Unless you otherwise indicate in writing to Customer Service, Consultary will communicate with you by email or by posting communications on this Site. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when Consultary sends it to the email address you have provided to Consultary on this Site, or when Consultary posts such communication on this Site. You must keep your email address updated on this Site, and you must regularly check this Site for postings. If you fail to respond to an email message from Consultary regarding violation, dispute or complaint within two business days, Consultary will have the right to terminate or suspend your Offer, Project or your registration.

All notices to Consultary intended to have a legal effect concerning this Agreement must be in writing and delivered either in person or by a means evidenced by a delivery receipt, to the following address:

REFVerify, Inc.
PO Box 23273

Pleasant Hill, CA 94523

United States Of America

Such notices to Consultary are deemed effective upon receipt.

RESOLUTION OF DISPUTES BETWEEN MEMBER AND CONSULTARY

If a dispute arises between you and Consultary, our goal is to resolve such dispute quickly and cost effectively. Accordingly, you and Consultary agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the Consultary Services (a "Claim") in accordance with this section entitled "Resolution of Disputes between Member and Consultary." Before resorting to these alternatives, you agree to first contact us directly to seek dispute assistance by going to Customer Service.

Law and Forum for Disputes
The Terms of Service are governed in all respects by the laws of United States without giving effect to any principle that may provide for the application of the law of another jurisdiction. You agree that any claim or dispute you may have against Consultary must be resolved by a court located in San Francisco CA, or as described in the Arbitration Option paragraph below. You hereby submit to the personal jurisdiction of the courts located within San Francisco, CA for the purpose of litigating all such claims or disputes. Any cause of action you may have with respect to this Site must be commenced within 30 days after it arises, or the cause of action is barred.

Arbitration Option
For any claim arising between you and Consultary (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $5,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) if an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction.

Improperly Filed Claims
Should you file a claim contrary to this section entitled "Resolution of Disputes Between Member and Consultary," Consultary will be entitled to recover attorneys' fees and costs up to $5,000, provided that Consultary has notified you in accordance with the Terms of Service of the improperly filed claim, and you have failed to promptly withdraw the claim.

TERMINATION AND SUSPENSION

This Agreement shall become effective upon your acceptance or your use of the Site, and shall continue until terminated by Consultary or you as provided for under the terms of this Section.

Unless otherwise agreed to in writing between the parties, either party may terminate the Agreement at any time upon notice to the other party. In such event, (i) Consultary shall continue to perform those Consultary Services necessary to complete any open transaction between you and another Member; and (ii) you shall continue to be obligated to pay Consultary and any Steamers for any Services for which you have engaged from Consultary or such Steamers in order to complete any such transactions.

Without limiting Consultary's other remedies, we may issue a warning, temporarily suspend, indefinitely suspend or terminate your registration, and refuse to provide any or all Services to you if: (a) you breach any terms and conditions of the Terms of Service or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Site; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole discretion that your actions may cause legal liability for you, our Members or for Consultary or are contrary to the interests of the Site or the Consultary user community. Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the Site under the same Account, a different Account or reregister under a new Account.

Without limiting Consultary's other remedies, to the extent you engage in actions or activities which circumvent the Consultary Site or otherwise reduce fees owed Consultary under the Terms of Service, you will pay Consultary for all fees owed to Consultary and reimburse Consultary for all losses and costs (including any and all Consultary employee time) and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees.

When your membership is terminated, you may no longer have access to data, messages, files and other material you keep on the Site. The material may be deleted along with all your previous posts and bids. The provisions entitled "Warranty Disclaimer," "Limitation of Liability," "Release," "Indemnity," "Intellectual Property," "Update and Communications," "Resolution of Disputes between Member and Consultary," "General," "Audit Provisions and Maintaining Records" and "Payment Account Services Terms and Conditions" will survive termination of this Agreement.

NOTIFICATION OF CONSULTARY MEMBERS

You acknowledge and agree that the value, reputation and goodwill of the Site depend on transparency of Member registration status to all Members. You therefore agree as follows: IN THE EVENT CONSULTARY SUSPENDS OR TERMINATES YOUR REGISTRATION, CONSULTARY WILL HAVE THE RIGHT BUT NOT THE OBLIGATION TO (1) NOTIFY OTHER MEMBERS ENGAGED WITH YOU TO INFORM THEM OF YOUR SUSPENDED OR TERMINATED REGISTRATION STATUS AND (2) PROVIDE THEM WITH SUMMARY REASONS FOR THE ACTION.

DISCLOSURES

Consultary, located in United States, is the provider of the electronic commercial service on this Site. Members are notified, via this Site, in advance regarding any applicable service charges. Upon your request, you may have this Agreement sent to you by email. Please feel free to contact Consultary to resolve a complaint regarding any aspect of service relating to this Site by writing to the above address, or contact us at Customer Service via Customer@Consultary.com.

GENERAL

You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of this Site may not be legal for or by certain persons or in certain countries. Consultary will not be considered to have modified or waived any of our rights or remedies under the Terms of Service unless the modification or waiver is in writing and signed by an authorized representative of Consultary. No delay or omission by Consultary in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. If any part of the Terms of Service is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect. You will not transfer, assign or delegate your rights or obligations (including your Account) under the Terms of Service to anyone without the express written permission of Consultary Staff, and any attempt to do so will be null and void. Consultary may assign this Agreement in its discretion.

Except for the payment of fees to Consultary, neither of the parties to this Agreement shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.

The boldface paragraph headings in the Terms of Service are included for ease of reference only and have no binding effect. The Terms of Service and all documents referenced in the Terms of Service (including the Site Policies listed below) comprise the entire agreement between you and Consultary with respect to the use of this Site and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Web site that link to or are linked from this Site.

The Agreement hereby incorporates all terms and conditions, rules, policies, and guidelines on the Site, including:

  • Payment Account Service Terms and Conditions
  • Privacy Policy
  • Copyright Policy
  • Registration Information
  • Safeguarding Your Password
  • Posting Information or Content
  • Streamers and Members Obligations
  • Communication
  • Rating and Feedback System
  • Providing Services
  • Streamer Service Fees
  • Enforcement of Site Policies
  • Dispute Resolution Process
  • Contacting Customer Service

PAYMENT ACCOUNT SERVICE TERMS AND CONDITIONS

Appropriate Use
In addition to the Eligibility requirements described in the Terms of Service, Consultary’s Payment Account Service (the "Payment Account Service") is intended solely for use on Consultary to purchase Consultary Services. You must not establish more than one Payment Account. A Payment Account is mandatory for purchasing Consultary Services which have an offered price, but is otherwise optional.

Payment Accounts
Funds in a Payment Account may be used to pay Streamers and to pay service fees, connect fees, currency exchange fees and wire transfer fees, and any other Services as may be added time to time onto the Site.

A Member may add fund to their Payment Account by any of the methods available on the Site. The Member must reasonably intend that such amounts will be used to pay Consultary or Streamers for Services purchased through the Site.

A Streamer may add to their Payment Account by directing that Member' payments for Services purchased on the Site and received through the Payment Service be added to their Payment Account.

Legal Relationships
Consultary provides the Payment Account Service and requires you to use it to purchase Offers (Lessons, Web Sessions), and to request and make payments to and accept payments of funds from other Members, for the purchase and sale of Offered Services through the Site.

As a Member, you agree not to pay fees for Streamer Services unless the fees are originated from the Consultary Payment Account Service, and as a Member you acknowledge that you are not obligated to pay fees unless the fees are originated from the Consultary Payment Account Service. As a Streamer, you agree to request fees from Members for Session/Lesson also referred as Offer Services only through requests for payment on the Consultary Payment Account Service, and you agree to use this system for all Consultary-originated business, whether first-time, repeat or follow-on. As a Streamer, you agree that a Members is not obligated to pay fees for Session/Lesson also referred as Offer Services unless you originated the request for payment through the Consultary Payment Account Service.

You acknowledge that: (1) Consultary is not a bank and the Payment Account Service is a payment service rather than a banking service; and (2) Consultary is not acting as a trustee or fiduciary with respect to your funds, but is acting only as an agent and custodian. (3) CONSULTARY IS NOT A BANK, AND AMOUNTS TRANSFERRED THROUGH OR STORED IN THE PAYMENT SERVICE ARE NOT INSURED DEPOSITS.

By receiving or sending funds through the Payment Account Service or adding funds to your Payment Account, you authorize Consultary to obtain funds on your behalf and to transfer the funds to the recipient that you designate, subject to the terms and conditions of this Agreement.

Payment Provider
Consultary through its 3rd party partners acts as a payment provider by creating, hosting, maintaining, and providing the Payment Account Service to you via the Internet. Consultary does not have any control over the Streamer Services purchased or sold with the Payment Account Service, nor whether a Member or Streamer you are dealing with will actually complete the transaction. Nothing in the Payment Account Service will be deemed to constitute Consultary your agent with respect to any Streamer Services purchased and sold by Users through the Site, or expand or modify any warranty, liability or indemnity stated in the Terms of Service.

Interest
You agree that you will not receive interest or other earnings on the Payment Account Service designated to your account.

How to Receive Payment for Services Using the Payment Account Service

To receive payment from a Members, you must use the Payment Account Service and you must follow the instructions and Payment Account Service links on the Site and provide the information requested. As a Streamer, you acknowledge and agree that when you instruct Consultary to transfer funds from a Members using the Payment Account Service, such instruction is a representation that you have completed the applicable Services fully and satisfactorily.

How to Pay for Services Using the Payment Account Service
To pay a Streamer you must use the Payment Account Service and you must follow the instructions and links on the Site and provide the information requested. Unless you have a balance in your Payment Account, Consultary will ask to charge your credit card, bank account
, Venmo, Stripe or PayPal for the necessary amount. By providing us with your credit card or bank account information, you authorize us to charge such credit card or bank account for the amounts stated on the applicable Payment Service web page.

As a Member, you acknowledge and agree that when you instruct Consultary to pay a Streamer using the Payment Account Service, such instruction: (1) is a representation that the Streamer has completed the applicable Services fully and satisfactorily, and (2) constitutes an irrevocable instruction to Consultary to transfer funds to the Streamer. Once Consultary has transferred funds to the Streamer, Consultary may not be entitled to demand return of the funds.

Authorized Payments are Final
Your use of the Payment Account Service constitutes your agreement to transfer funds for any amounts which you authorize us to charge against your Account and, as appropriate, your credit card, debit card, bank account,
Venmo, Stripe or PayPal, or any other payment method available on Consultary.com. Such payments, once authorized, ARE FINAL. No refunds will be given for funded purchases.

Erroneous Transfers
Consultary reserves the right to seek reimbursement from you as a Streamer, and you will reimburse Consultary, if Consultary discovers erroneous or duplicate transactions from any Member. Consultary may obtain such reimbursement by charging the applicable Steamer's Account, deducting amounts from future payments owed to the Streamer, or obtaining reimbursement from such Streamer by any other lawful means. Failure to pay for reimbursements of is cause for termination of Services.

Funds Expiration Policy
Funds in a member account will be valid for as long as the member remains active on Consultary. If the member has not logged into his/her account at least once in the previous 12 months,
the funds on the account will expire. For a member to keep their funds active, they must login at least once every 12 months to their Consultary account. Funds are then valid for another 12 months following the most recent login date.

Currency
The Payment Account Service operates and tied
to USD and therefore Consultary is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than USD, nor is Consultary responsible for currency fluctuations that occur when receiving or sending payment via wire transfer, check or ACH when adding or withdrawing a balance.

Withdrawal of Funds
To withdraw funds from your Payment Account, you must request such funds using any of the withdrawal methods available on the Site. Any such requests shall be subject to the conditions and restrictions contained on the Site and in the Terms of Service. Notwithstanding any other provision of the Terms of Service, if Consultary determines in its sole discretion that a Member has violated the conditions and restrictions of the Site or Terms of Service, Consultary will have the right to refuse to process the withdrawal.

Hold on Account Funds
Consultary reserves the right, at its sole discretion, to place a hold on funds if Consultary suspect funds were used in fraud or criminal activities. Consultary will release a hold as soon as practical.

Disputes Between Members and Streamers
Any disputes in connection with Services provided by Streamers or payments made by Members remain between such Members and Streamers. By using the Payment Account Service, you agree to follow the Dispute Resolution Process. You further acknowledge that Consultary will not be a party to any such dispute. Consultary will attempt to take the actions set forth in the Dispute Resolution Process, but Consultary will not be obligated to take any other action or refrain from taking any other action toward resolving any such dispute. Consultary may, at its sole discretion, withhold or delay payment or continue to hold amounts or make payment or release amounts in the event of dispute between a Member and a Steamer (Member that produce Offers).

Reservation of Rights
Consultary reserves the right to seek reimbursement from any Streamer and Streamer will reimburse Consultary if Consultary discovers erroneous or duplicate transactions for the amount of such transaction from such Streamer. Consultary may obtain such reimbursement by deducting from future payments owed to such Streamer, by reversing any credits to such Streamer’s bank account, or by seeking reimbursement from such Streamer by any other lawful means.

Questions
If you have any questions, suggestions or reports of problems regarding the Payment Service, please contact Customer Service.

PRIVACY POLICY

Please view our Privacy Policy.

COPYRIGHT POLICY

Removal of Material for Which Copyright Infringement is Claimed

Consultary has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with applicable law. If you believe your copyrights are being infringed by a user of the Services available at the domain and sub-domains of www.consultary.com, please notify Customer Service with written notice as detailed within this subsection.

The information requested substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), which provides:
To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a teacher that includes substantially the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the teacher to locate the material.
  • Information reasonably sufficient to permit the teacher to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.

REGISTRATION INFORMATION

You agree to provide true, accurate and complete information as prompted by the Registration form for your Member Account and your Payment Account, and to update this information to maintain its truthfulness, accuracy and completeness. Consultary may suspend or terminate your Member Account or Payment Account if information you provide is not complete or accurate.

SAFEGUARDING YOUR PASSWORD

You agree to safeguard the User ID and password you use to access this Site and to. You authorize us to assume that any person using the Site with your User ID and password either is you or is authorized to act for you. Further, the contents of your Member Account (including feedback), and User ID may not be transferred or sold to another party.

POSTING INFORMATION OR CONTENT

You agree to provide true, accurate and complete information whenever you post any information or content on the Site (including but not limited to posting your general profile or teaching profile and providing feedback). You agree to update such information whenever it changes. You agree to use good judgment when posting information, remarks or other content regarding other Users, Members, Streamers, Consultary or any other third party. You understand that you may be held legally responsible for damages suffered by other Users, Members, Streamers, Consultary or any third party as a result of legally actionable or defamatory comments, remarks or other information or content which you post to the Consultary Site. Consultary is not legally responsible for any remarks, information or other content posted or made available on its Site by any User or third party, even if such information or content is defamatory or otherwise legally actionable. Consultary is not responsible for and does not monitor or censor content for accuracy or reliability. Consultary reserves the right to remove or restrict access to any information, content or project posted or made available on the Site in its sole discretion, or if ordered to do so by a court, or if Consultary considers such information or content to be in violation of the Terms of Service. You agree NOT to do any of the following on the Site:

  • Use Consultary to transmit any content or conduct any transaction that would violate any applicable law or regulation in any country.
  • Post any listings that are fake, posted without the intention to award or complete the lessons or posted only to receive pricing information.
  • Use Consultary to transmit any content that oversteps a third party's intellectual property rights, license rights, the terms and conditions of use of such third party's Web site or copyrighted materials or such third party's rights of publicity or privacy.
  • Use Consultary to transmit any content related to or containing any adult or sexually explicit material.
  • Use Consultary in any manner related to bulk email or spam, including but not limited to bulk email hosting, scripts, active code, programs, proxies, lists and relay servers.
  • Post advertisements, solicitations or offers of full-time employment.
  • Post false or misleading information about a product, service or service request.
  • Post logos, seals or slogans from third parties on the Site unless such material is provided by Consultary or a Consultary partner, or you have received express written permission from Consultary to display such third-party logo, seal or slogan.
  • Post or transmit any content that is profane, vulgar, racist, offensive, threatening, harmful, abusive, defamatory or disparaging.
  • Post or transmit unprofessional or offensive comments about a User, Member, and Streamer, Consultary or any third party.
  • Use Consultary to transmit any content that violates, or has the potential to violate, the integrity of academic and professional applications, tests and work; for example by passing off the skills, ideas or words of another as one's own; using another's production or content without crediting the source; presenting as new and original, ideas or products derived from an existing source; presenting fabricated facts, persons or sources as real.
  • Suggest or solicit another User to contact you directly in order to buy or sell Services outside of the Consultary.
  • Access, tamper with or use non-public or non-authorized areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
  • Tamper with postings of other Users, Members or Consultary.
  • Solicit or gather any User's or Member's information available from the Site, such as other Usernames and email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, junk mail, spam or chain letters.
  • Do anything which would create or impose an unreasonable or disproportionately large burden or load on the Site.
  • Use robots, spiders, scrapers or other automated means to access information in our Site for any purpose without express written permission from Consultary.
  • Post or introduce software on the Site that: (i) is designed to disrupt, disable, harm or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of this Site or any other software, firmware, hardware, computer system or network (sometimes referred to as "viruses" or "worms"); (ii) would disable or impair this Site or any other software, firmware, hardware, computer systems or networks in any way where such disablement or impairment is caused by the elapsing of a period of time, exceeding an authorized number of copies, advancement to a particular date or other numeral (sometimes referred to as "time bombs," "time locks" or "drop dead" devices); (iii) would permit you or any other person to access this Site or any other software, firmware, hardware, computer systems or networks to cause such disablement or impairment or transmit information (sometimes referred to as "traps," "access codes," or "trap door" devices, or "spyware"); or (iv) which contains any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such programs to cease functioning or to damage or corrupt data, storage media, programs, equipment or communications or otherwise interfere with operations.
  • Frame or link to the Site except as permitted in writing by Consultary.
  • Impersonate or misrepresent your affiliation with any person or entity.
  • Repeat any action after you receive warning or request to desist from Consultary, whether or not that action is explicitly prohibited in the policies stated on the Site.
  • Fail to respond to an email from Consultary regarding violation, dispute or complaint within two business days.
  • Use the Site if you are not able to form legally binding contracts, are under age or are temporarily or indefinitely suspended from our Site.
  • Take any action that may undermine the feedback or ratings systems (such as importing or exporting feedback information off the Site, or using feedback as an extortion mechanism).
  • Copy, modify or distribute content from the Site, except for your own information and use, without the prior express written permission from Consultary.
  • Violate any other policies stated on the Site.

Violation of these rules may result in suspension or termination of your Account, in addition to all other remedies available to Consultary or other Users or Members. If you are aware of a potential violation, please contact Customer Service. In order to operate the Site, Consultary must have certain rights. Consequently, when you post information, text, files, links, attachments, software or other materials to publicly visible areas of the Site, you are granting, or warranting that the owner of such Content has expressly granted a worldwide, royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, transmit, distribute, perform, display and delete such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media or technology now known or later developed.

STREAMER AND MEMBER OBLIGATIONS

You agree to: (a) abide by the Terms of Service and the processes and procedures described throughout the Site; (b) be financially responsible for your use of Consultary and your funds or delivery of Services; and (c) perform your obligations and complete the transaction as specified by the most recent agreed upon terms by the Steamer and Member, unless such transaction is prohibited by law or by the Terms of Service. Upon acceptance of Offer terms, you agree to purchase the Services by transfer of a sufficient fund balance if you are a Member, or provide the Services if you are a Streamer, in accordance with the terms agreed to by the parties.

IN SUMMARY

  • Most of the services offered by members of website are not controlled by the hosted platform on the price or schedule.
  • Only registered users may buy, offer and sell web sessions on Consultary. Registration is free.
  • Buyers pay Consultary in advance to create an order. 
  • Orders are purchased through the “Order Now” button found on a seller’s profile page. 
  • For fees and payments please read the Fee Article.
  • Sellers, Streamers gain account rate status (Feedback Level) based on their performance and reputation. Reputation levels provide streamers with benefits, including better representation during search inquiries, provides reassurance, trustworthiness during order process by the other members, buyers on the marketplace.
  • Streamers must fulfill their orders, and may not cancel orders on a regular basis or without a cause. Cancelling orders will affect sellers’ reputation on consultary.com platform. 
  • Streamers may not offer or accept payments using any method other than placing an order through Consultary.com. 
  • Buyers are granted all rights for the Web Session, unless otherwise specified by the Streamer. Note: Members, Streamers of consultary.com may refuse to offer services to certain individuals, members of Consultary.com. 
  • Consultary retains the right to use all published materials, images on Consultary market place for promotion purposes. 
  • We care about your privacy. The Privacy Policy is a part of these Terms of Service.

STREAMER BASIC RULES

  • Each order you sell and successfully complete, accredits your account with a net revenue of 90% of the purchase amount. 
  • Consultary accredits sellers once an order is completed. See our "Orders" section below for a definition of a completed order.
  • Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete. 
  • Withdrawals from your account may become disabled upon review of our Safety team. This may be done for security concerns in order to prevent fraudulent transactions, reported poor performance or violations to our Terms of Service from buyers to our Customer Support team, or if another Consultary profile is associated to the same withdrawal providers. Enabling withdrawals will be evaluated by our Safety team following a review of your account.
  • If an order is cancelled (for any reason), the funds paid will be refunded to the buyer’s shopping balance.
  • Streamers, sellers may withdraw their revenues using one of Consultary’s withdrawal options. Currently we are supporting Venmo, Stripe or PayPal
  • The streamer's rating is calculated based on the order reviews posted by buyers. High ratings allow sellers to obtain certificate of trust from consultary.com

PROHIBITED TO BE PUBLISHED ON CONSULTARY.COM

  • Copyright and Trademark Infringement reported through our Intellectual Property Claims Policy. 
  • Adult oriented services, Pornographic, Inappropriate/Obscene. 
  • Spam, Nonsense, or Violent Offers. 
  • Offers misleading to buyers, including violations of third party terms of service. 
  • Reselling of regulated goods. 
  • Offers that are removed for violations mentioned above, may result in the removal of the seller’s (streamer’s) account permanently. 
  • Offers that are removed for violations are not eligible to be restored or edited.
  • Offers may be removed from our Search feature due to poor performance and/or user misconduct. 
  • URLs in your Offer text that redirect to third party websites are subject to approval and may be considered inappropriate to use on Consultary.
  • All offers are required to have an appropriate offer image related to the service offered. An option to upload six additional offer images are available to all sellers
  • Offer may contain an approved Offer Video link referring to another site like Youtube.com
  • Statements on the Offer Page that challenge or by-pass these Terms of Service is prohibited.

COMMUNICATION

Consultary encourages open, complete and professional communication between Members and Streamers. Members and Streamers can use internal messenger, chat, to clarify lesson or course descriptions, scope or any specific requirements. Open communication helps Streamers to develop relevant curriculum and Members to make informed decisions. You are required to use Consultary to manage learning sessions and to maintain an electronic record of all written communication including clarifications and agreements around lesson, skill scope, deliverables, milestones, timeframes, price, feedback, and requests for revisions, acceptance of deliverables and completion of milestones. Also, transcribe relevant messages, or in-person conversations between the Member and the Streamer to maintain a record of what is agreed. In the event of a dispute, all written communication on Consultary will serve as the record for resolution of the dispute. A communication that is not referenced on Consultary cannot be submitted as evidence in non-judicial dispute resolution after a dispute is reported.

  • Please note: Consultary provides profile CONTACT INFORMATION section for you to enter your email address, telephone number and instant message IDs. You may not enter your contact information in other sections of your profile or Consultary outside of the CONTACT INFORMATION section.

RATING AND FEEDBACK SYSTEM

You acknowledge and agree that the Site will contain public feedback from Users with whom you have transacted. You acknowledge that feedback results for you may consist of comments and ratings left by other Users and that Consultary may calculate a composite feedback number based on these individual ratings. Streamers agree to be rated by Members along several criteria, as determined by Consultary. Consultary provides its feedback and rating system as a means through which Users can express their opinions publicly, and Consultary does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability unless a User brings the posting to Consultary's attention. You may be held legally responsible for damages suffered by other Consultary Users or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory. Consultary is not legally responsible for any feedback or comments posted or made available on this Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable. You agree to report violations or abuses of our rating and feedback system immediately by contacting Customer Service, and agree not to take any actions that undermine the integrity of the feedback system, including but not limited to the following:

  • Leaving fake feedback for yourself or another User or Member such as using a secondary Username or other Consultary members to artificially raise the level of your own feedback or create negative feedback for another User or Member.
  • Feedback threats such as demanding another User or Member to perform a task by threatening to leave negative feedback or withholding deliverables or funds until another User or Member agrees to leave positive feedback or no feedback.
  • Feedback solicitation such as offering to sell or buy Services in exchange for good feedback, trading feedback undeservedly or buying feedback.

In order to protect the integrity of the feedback system and protect Users from abuse, Consultary will consider removing feedback under the following scenarios:

  • Feedback or information posted seeks to elicit or solicit any User's contact information, such as other Users' email addresses, for any non- Consultary related commercial or business purposes, or to transmit any unsolicited advertising, "junk mail," "spam," or "chain letters."
  • Feedback or information posted contains language that is profane, vulgar, and racist or contains adult material. Insulting or inflammatory feedback is strongly discouraged and will be removed.
  • Feedback or information posted is shown to have been left by any User who is in violation of Consultary's Eligibility requirements, or by or for a User who has conducted any fraudulent transaction.
  • Feedback or information posted is not directly related to transactions conducted through Consultary.
  • Feedback or information posted makes any reference to actions taken or purported to be taken by Consultary or any law enforcement organization.
  • When Consultary is provided with a ruling or settlement agreement from a valid and certified dispute resolution service, or is provided with a court order finding that the disputed feedback is slanderous, libelous, defamatory or otherwise illegal.
  • The User who left feedback provided Consultary with false contact information during the transaction period (as verified by Consultary) and cannot be contacted by Consultary.
  • The User who left feedback is participating in a Consultary transaction with the intent of leaving feedback as part of a campaign to harass Consultary member(s) (as verified by Consultary).
  • Negative feedback that was intended for another User only when the User responsible for the mistaken feedback contacts Consultary and places the same feedback for the appropriate User. This does not apply to feedback that was mistakenly marked negative instead of positive or vice versa, in which case the User can contact Customer Service to file a feedback review request.

PROVIDING SERVICES

If you wish to provide Services through Consultary, you must complete the Streamer registration process. You agree to provide true, accurate, complete information and to update such information to maintain its truthfulness, accuracy and completeness. From time to time, your Member Account may be subject to verification as well as editorial and feedback reviews. Consultary can suspend or terminate your Member Account upon the discovery that any information you provided or posted is not complete or accurate, or as a result of other violations of the Terms of Service.

Guidelines for Creating an Offers
You agree to utilize the following Offer creation guidelines:

  • Write a specific, detailed course outline with clear scope, deliverables and lessons.
  • Set expectations that you can meet or exceed.

When submitting your Offer you agree to:

  • Not submit courses or lessons that are made with the intent to commit fraud. Doing so will result in immediate termination of your membership.
  • Not offer your Services in exchange for good feedback or for free.
  • Respond promptly, within one business day, to private messages from the Members.
  • Respond promptly, within one business day, to any inquiry from Customer Service.

Violation of these guidelines may result in suspension or termination of the Offer, Project, and Session or of your Account. If you are aware of a potential violation, please contact Customer Service.

Guidelines for Providing your Services
You agree to utilize the following service provider guidelines:

  • Once you have received a request on your published offer, use Consultary to manage the request and to maintain an electronic record of all written communication between you and the Member around scope, deliverables, time frames, price, feedback, revisions, schedule changes, vacation, availability, delays, acceptance of deliverables and completion of sessions. Also, record relevant outside emails, instant messages, in-person conversations between you and the Buyer on to maintain a record of what is agreed. In the event of a dispute, all written communication on Consultary will serve as the statement of record.
  • Inform the Member of your availability and committed response time. You must keep your available schedule up to date.
  • Inform the Member if a committed deliverable will be missed, offering an explanation and proposing a revised date.
  • Inform the Member, buyer if you will be unavailable for more than one business day.
  • If you are unable to complete a session, alert Customer Service so that Consultary is aware of the situation and can offer assistance to the Member.
  • Respond promptly, within 1 business day, to all session-related communication, whether from the Member, buyer or from Consultary.
  • Utilize Consultary's Payment Service to maintain the privacy of your personal financial Account details; leverage Consultary’s anti-fraud measures; maintain a record of all invoices and payments; add the project, feedback and transaction amount to your profile; and, in the event of a problem, have access to Consultary's Dispute Resolution process.
  • Report any rating system violation by contacting Customer Service.
  • After the session is completed, leave objective, balanced feedback. 

Violation of these guidelines may result in suspension or termination of your Account. If you are aware of a potential violation, please contact Customer Service.

STEAMER’S FEES

Service Fees
Consultary charges Streamer’s a service fee based on the total amount you receive for your Services from the Student. Fees due to Consultary are deducted upon transfer of funds to the Streamer's Payment Account. The balance shown on the Streamer's Payment Account is the full balance after all fees have been deducted. Please consult the Site or contact Customer Service for the calculation of applicable fees. Consultary does not charge any fees for the Streamer to register or create a listing for their Services on Consultary.

Period of Exclusivity
IF YOU ARE A MEMBER, YOU AGREE THAT FOR A PERIOD OF ONE YEAR AFTER ACCEPTANCE OF STREAMING SERVICES FOUND ON CONSULTARY, IF YOU SOLICIT OR PURCHASE ANY SERVICES FROM THE SAME STREAMER YOU WILL DO SO EXCLUSIVELY ON THE SITE, WHETHER SUCH SERVICES ARE RELATED TO THE PREVIOUS SERVICES, OR FOR NEW UNRELATED SERVICES.

IF YOU ARE A STREAMER, YOU AGREE THAT FOR A PERIOD OF ONE YEAR AFTER ACCEPTANCE OF YOUR STREAMER SERVICES, IF YOU PROPOSE OR PROVIDE ANY SERVICES TO THE SAME STUDENT YOU WILL DO SO EXCLUSIVELY ON THE SITE, WHETHER SUCH SERVICES ARE RELATED TO THE PREVIOUS SERVICES, OR FOR NEW UNRELATED SERVICES.

Avoidance of Service Fees
You agree not to engage in any action or activity meant to circumvent the service fees. Prohibited practices include (but are not limited to) the following:

  • Failing to report final service prices through the Consultary Payment Service.
  • Suggesting or soliciting Members to hire you outside the Consultary system.
  • Reporting on the Site a service price different than that agreed between Member and Streamer.

TRANSACTION FEES

Venmo 

Stripe 

PayPal

OFFER PACKAGE

Offer Package Expiration Policy
Offer packages on Consultary are valid for six (6) months. A reminder will be sent to the Streamer when the expiration date of their package is one month away. An additional reminder will be sent one week before the expiration date with Offer description about to expire. 

Offer Package Refund Policy
If a student or teacher finds it necessary to cancel an offer package which has already been partially fulfilled (for example, 3 sessions have been taught in a 10 session package), we encourage the two parties to reach an agreement on how to divide the remaining funds. However, in the event that Consultary is asked to mediate, then we will use the following guidelines.

  • If the Streamer was responsible for the cancellation, then the Streamer will receive funds for each session they have taught in the package at a rate of the entire cost of the package evenly divided by the number of sessions in the package, with the remaining funds going back to the member. 
  • If the Member was responsible for the cancellation, then the Streamer will receive funds for each session they have taught in the package at their regular rate for individual sessions up to the total price of the package, with any remaining funds going back to the Member that ordered offered sessions.

In the event that there is a dispute as to who cancelled a package and the Member and Streamer cannot reach a compromise, then Consultary will mediate the dispute. Consultary’s decision on the dispute is final. Please note that in the case of a dispute, it is up to the Streamer and the Member to provide proof to Consultary to support their positions.

ENFORCEMENT OF TERMS OF SERVICE

We may suspend or cancel your Member Account and/or Payment Account if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Service, or violated our rights or those of another party. Without limiting Consultary's other remedies, we will suspend or terminate your Member Account and/or Payment Account and refuse to provide any Services to you if: (a) you breach any terms and conditions of the Terms of Service and the other written policies and procedures posted on the Site; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our Users or for Consultary. Once suspended or terminated, you may not continue to use the Consultary service under a different Account or re-register under a new Account. In addition, violations of the Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. If a User or Member engages in actions or activities which circumvent the Site or otherwise reduces service fees owed Consultary under the Terms of Service, that User or Member will be liable to Consultary for the service fees due, and may be subject to additional sanctions including, but not limited to, suspension or termination of Consultary membership. Consultary reserves the right to terminate any User or project for any reason, at its sole discretion and to refuse to provide registration and membership to you in the future. We will notify you if we cancel your membership, unless in our judgment giving notice would cause a risk of further violation or damages. However, we will notify you that your Account will be canceled if the law requires such notification. When your membership is canceled, you may no longer have access to data, messages, files and other material you keep on the Site.

REFUNDS AND DISPUTE RESOLUTION PROCESS

Refunds
A Student may request funds be refunded to their Payment Account if the terms of their Agreement with the Streamer were not met. The Streamer may agree to the refund in which case funds will be immediately returned to the Member's Payment Account. If the Streamer disagrees that the terms of the Agreement were not met, then the disagreement is automatically raised to be a Dispute, to await judgment from Consultary. Funds for the payment of the Offer in question will be held until the resolution of the Dispute.

How to Avoid Disputes
Disputes often arise due to miscommunication and can often be resolved amicably between the parties. Consultary recommends the following steps to avoid disputes:

  • Answer clarifying questions from Streamer or Member in a timely fashion.
  • Evaluate Streamers against criteria important to you, such as a Streamer's experience, education, portfolio, certifications, references, feedback from prior orders, location, communication style and cost.
  • Check and ask for the Member’s and Steamer's time availability and standard response times.
  • Maintain open lines of communication. Be clear about your expectations and check in frequently with the other party. Do not leave anything to assumptions.
  • Once you have agreed to terms, use Consultary to maintain an electronic record of all written communication between the Streamer and Member around scope, deliverables, time frames, price, feedback, revisions, schedule changes, vacations, availability, delays, and lesson completion. In the event of a dispute, all written communication on Consultary will serve as the statement of record.
  • Document any changes in agreed upon terms in writing.
  • Utilize Consultary's Payment Account Service to maintain the privacy of your personal financial details; leverage Consultary's anti-fraud measures; maintain a record of all payments; and, in the event of a problem, have access to Consultary's Dispute Judgment process.

What if I Have a Dispute?
In the event that you have a dispute with another User, the Dispute Resolution Process consists of two phases:

  • Member Resolution – The Member and Streamer will communicate and reach agreement on whether a funds refund to the Member Payment Account is acceptable.
  • Consultary Dispute Judgment – If the Member and Streamer cannot agree, then the dispute is brought to the attention of Consultary. Consultary will review all submitted materials pertaining to the Dispute and make a final ruling.

Key Dates
For all disputes you must be aware of the following key dates:

"Session Date" means the date on which the agreed upon Session between the Streamer and Member occurred or was scheduled to occur.

"Dispute Initiation Limitations Date" means the date seven (7) days following the Session Date. A Member does not have a right to initiate a dispute after the Dispute Initiation Limitations Date. The time that the Dispute Initiation Limitations Date expires is exactly 168 hours (or seven full days) after the end or scheduled end of the Session in dispute. If no dispute has been initiated by the Member before the Dispute Initiation Limitations Date, then the Session will be considered fully valid and the Streamer will receive their payment. No further disputes will be heard in this case and the Member does not have the right to ask for Consultary Dispute Judgment.

"Contest Dispute Limitations Date" means the date fourteen (14) days following the Dispute Initiation Limitations Date. A Streamer may contest the dispute before the Contest Dispute Limitations Date. The time that the Contest Dispute Limitations Date expires is exactly 336 hours (or fourteen full days) after the Dispute Initiation Limitations Date. If the Streamer fails to respond to a dispute before the Contest Dispute Limitations Date, then the dispute will be considered fully valid and the ITC will be returned to the Member's Payment Account. No further disputes will be heard in this case and the Streamer does not have the right to ask for Consultary Dispute Judgment

Consultary Dispute Judgement
Dispute Judgment. In the case where a Member has initiated a dispute and the Streamer has contested the dispute in a timely fashion, Consultary will review materials on Consultary.com regarding the session in question to help render its judgment. Consultary may, at is sole discretion, ask the Member and the Streamer to provide any additional materials regarding the dispute. Consultary will make a
ruling within 30 business days of the Contest Dispute Limitations Date and authorize release of funds to the Streamer's Payment account if it finds in favor of the Streamer, or return funds to the account of the Member if it finds in favor of the Member. Consultary will be a neutral third party and will have no further obligations. No Consultary employee is authorized to make any recommendation or guaranty regarding the dispute.

In the event Consultary contacts the Streamer and Member to schedule a call to re-establish communication, Streamer and Member will have (3) business days following contact from Consultary to agree to a conference call during Consultary's normal business hours. In the event both parties fail to agree and participate in such a call within (3) business days, Consultary will promptly schedule a required call during Consultary's normal business hours within (3) more business days. In the event one party participates in such call ("Participating Party") and the other does not ("Non-Participating Party"), then: (1) Non-Participating Party will be deemed to have agreed to the Release sought by the Participating Party; (2) Non-Participating Party will be deemed to have authorized Consultary to, and Consultary will, make the Release sought by the Participating Party; and (3) Consultary will have the right to terminate or suspend the Non-Participating Party's Member Account.

Noncompliance and Abuse
Improperly Filed Claims.
 All claims between you and the Opposing Party must be resolved in accordance with the terms on this page. All claims filed or brought contrary to these terms shall be considered improperly filed. Should you file a claim contrary to these terms, the Opposing Party may recover attorneys' fees and costs up to $1,200, provided that the Opposing Party has notified you in writing of the improperly filed claim, and you fail to promptly withdraw the claim.

Abuse. If you initiate an excessive number of disputes, Consultary reserves the right to terminate this Agreement immediately upon giving notice to you. However, any disputes that existed prior to termination will be subject to these terms.

Feedback dispute. If you are involved in a dispute involving feedback, please refer to the Rating and Feedback System section in the Site Policies to find out in what circumstances Consultary will consider removing feedback.

CONTACTING CUSTOMER SERVICE

If you wish to report a violation of Site Policies, have any questions or need assistance, please contact Consultary Customer Service as follows:

Online Support: https://consultary.com/support/

Email: customer@consultary.com