Aapi Camber of Ecommerce (“ACE”) mission is to improve lives through learning and collaboration. We enable anyone anywhere to share their knowledge and experience through consultation appointments, promote their provide mentoring and consultation based on their personal learnings and experience, create and share educational content experts (“Expert”, “expert”) and to access that educational content and/or to book consultations with experts to learn members/customers (“Member”, “Members”, “member”, “members”). We consider our marketplace model the best way to offer valuable learning, development, and collaboration opportunity to our users. We need rules to keep our platform and services safe for you, us, and our member and expert community. These Terms apply to all your activities on the ACE website, the ACE mobile applications, and other related services (“Services”).
If you live in the United States or Canada, by agreeing to these Terms, you agree to resolve disputes with ACE through binding arbitration (with very limited exceptions, not in court), and you waive certain rights to participate in class actions, as detailed in the Dispute Resolution section.
Table of Contents
1. General Terms
3. Content Enrolment and Access
4. Payments, Credits, and Refunds
5. Content and Behaviour Rules
6. ACE’s Rights to Content You Post
7. Using ACE at Your Own Risk
8. ACE’s Rights
9. Miscellaneous Legal Terms
10. Dispute Resolution
11. Updating These Terms
12. Mobile Applications
13. How to Contact Us
1. General Terms
1.1 Terms and Conditions of Membership
Our aim is to ensure that you have a positive and enjoyable learning and collaboration experience throughout your time in membership with the Aapi Chamber of Ecommerce (“ACE”).
We also hope you will benefit fully from all available services and opportunities offered through ACE, and these can be found listed on aceaapi.com.
The following terms and conditions therefore are intended to be as simple as possible.
- You represent and warrant that you are at least eighteen years of age and that you possess the legal right and the ability to enter into agreements pertaining to Terms & Conditions, to register on ACE under your own name and to use ACE in accordance with the Terms & Conditions and abide by the obligations hereunder.
- Anyone can become ACE Expert and Member anywhere in the world through website, mobile applications, and via visiting an authorised ACE POD
- This is not an exhaustive list and information is stated for illustrative purposes; any mentors, coaches, lawyers, health professionals e.g. phycologists, doctors, freelancers, business consultants, management consultants, financial advisors, ecommerce entrepreneurs, tutors, instructors, technology professionals, IT experts, and/or anyone registering as expert to help share their personal knowledge and experience using ACE to provide online consultations and education content (collectively “experts”, “service providers”), affiliates and third-party providers (collectively “affiliates”) would serve you to the best of their ability under the following general terms and conditions
- Membership is voluntary basis and is for a minimum period of 12 months and payment is to be made 7 days after a Member and Expert joins or at the time of their renewal date. The Voluntary Chamber Membership fee is non-refundable, Membership is non-transferable. Voluntary Membership fees will be increased each year at minimum of RPI.
- ACE regularly communicates with Members and Experts by email, post and telephone. This is an integral part of the Membership and, by entering Membership, you agree to be contacted by ACE in respect of core activity relating to your membership type and its services.
- From time to time Members and Experts, may be contacted by ACE’s carefully selected partners in order to make them aware of certain membership benefits. Members can select their communication preferences under their account and profile settings on ACE mobile apps and website.
- We maintain a database of all our members and experts. Parts of the information provided by you/your business are viewable by other Members and Experts on ACE which may also include a hyper link to your own site and the details. As a Member and Expert you can upload and control your own profile from the website and mobile apps dashboard. Information you provide in respect of your news, offers and events might, from time to time, be showcased further across ACE channels (including social media and other publications).
- Members and Experts are entitled and encouraged to take advantage of the various opportunities the ACE offers (in line with their selected membership package) but there is never any obligation or pressure to use any of the services provided by ACE its partners or offers provided by experts to members and/or members for members. Any agreements between the Experts and Member and ACE partners are strictly between the two parties and are not the responsibility of ACE.
- ACE Membership benefits are subject to change without notice.
- Membership entitles the Member and Expert to one standard separate profile entry in the ACE system.
- ACE features contact information, including details of the principal contact, held by us. This information must only be used for individual contact with another registered member and/or expert to introduce an opportunity or service and the member and expert would need to opt into any distribution channels. The information must not be used to compile your own database listing, in breach of GDPR laws.
- It is an expressed term of the membership agreement that the member will inform ACE about any changes likely to affect their membership.
- By applying to join, you are entering into a legal agreement to join ACE. You may cancel the agreement by giving ACE a written notice within 14 days of the date of the agreement.
- The Membership is subject to approval, in line with ACE policies, and ACE reserves a right to refuse Membership without disclosing any reason. ACE reserves the right to suspend, withdraw, resign or cancel a membership at any time and for any reason.
- ACE shall have no liability for any losses suffered by a Member and Expert as a result of using services offered by a fellow Member and Expert. ACE shall have no responsibility for advice given or services provided by Expert, Member, its third-party service providers even though such providers may have been introduced to the Member and Expert by ACE.
- ACE shall not be liable to the Member and Expert in respect of any Force Majeure Event which gives rise to a failure in either party performing any obligation under these Terms and Conditions (other than any obligation to make a payment). Should either ACE or Member or Expert become aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure to delay either ACE or the Member or Expert performing any obligation under these Terms and Conditions must (a) promptly notify the other; and (b) inform the other of the period for which it is estimated that such failures or delay will continue. Furthermore, either ACE or the Member or the Expert whose performance of its obligations within these Terms and Conditions is affected by a Force Majeure Event must takes reasonable steps to mitigate the effects of a Force Majeure Event. A Force Majeure Event is defined as an event or series of related events, that is outside the reasonable control of either ACE or the Expert or the Member (including failures of the internet or any public communications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, fires, floods, riots, terrorist attacks and wars).
- ACE is no way, directly or indirectly responsible for the consultation, assistance, education content, promotional content, and any nature of content, advice, guidance, provided by expert and/or member/customer. We are a technology company enabling ecommerce entrepreneurs, professionals, and service providers to access and collaborate the learning and development demand through our platform. ACE has no control over the services provided by the expert and/or member/customer listed on our platform as they are independent of ACE and not our employees. ACE will not be responsible in case of any issues/discrepancies with the content and services provided by experts.
- All the materials and information on ACE are provided for informational purposes only and may not reflect current legal developments or variances in the law of different jurisdictions. The materials and information on ACE do not necessarily reflect the opinions of the experts of their respective professional regulating bodies, firms, their partners, clients, or affiliates. The information on ACE is not guaranteed to be correct, complete, or up to date. The mere receipt of an e-mail from, chat, video call, or a 'post' on ACE does not create an expert-client relationship. The applicable expert is solely responsible for providing its services to you, and you agree that ACE shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services (including, without limitation, claims based on malpractice). You agree that any claim arising out of your relationship with an expert shall be brought solely against such expert because ACE is doing nothing more than aggregating all kind education and consultation demand generated on the website for the experts to enable their respective services, neither ACE nor any of its entities, licensors or affiliates shall be included within any such claim.
- You represent and warrant that you are at least eighteen years of age and that you possess the legal right and the ability to enter into agreements pertaining to Terms & Conditions, to register on ACE under your own name and to use ACE in accordance with the Terms & Conditions and abide by the obligations hereunder.
- You are solely responsible for maintaining the confidentiality of your password and for all activities carried out under your ACE account. You agree to prohibit anyone else from using your password and immediately notify ACE of any unauthorized use of your password or other security concerns.
- No party has the power or authority as agent, employee or in any other capacity to represent, act for, bind or otherwise create or assume any obligation on behalf of the other party for any purpose whatsoever.
- Your affirmative act of using this Website and/or registering for the Website or the services constitutes your electronic signature to these Terms & Conditions and your consent to enter into agreements with us electronically.
- The Website may only be used in good faith and may not be used to transmit or otherwise make available any information that is false or that you do not have a right to make available under any law or under contractual relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), to threaten, abuse, harass, or invade the rights of any person or entity, to infringe on any person or entity's intellectual property rights, or in any other way that could reasonably be deemed unethical, illegal, or offensive.
- You may not misidentify yourself or impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity (e.g., pretend to be a different person or from a different company or organization).
- Unless you have our prior written consent, you will not post advertisements or promotional materials, solicit participants and/or visitors of the Website, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website or its Services, use of the Website or it Services, or access to the Website or its Services.
- You are prohibited from using any type of computer 'worm,' 'virus' or any other device that is intended or is likely to disrupt, overload, or otherwise impair the workings of any part of the ACE Website and mobile apps. If you do engage in such conduct, the resulting damage will be hard to quantify as a fixed amount and thus you hereby agree to pay us liquidated damages in the amount of USD 1,00,000 for each day that the Website is damaged until the Website is completely repaired and further unquantified damages which will occur due to your act will be accessed and you shall be liable to pay the same. This amount is derived by estimating the value of (1) the loss of good will caused by an inoperable Website and mobile apps, (2) the time and money it will take to repair the Website and mobile apps to address the concerns of visitors. We are required to use reasonable efforts to repair the Website and mobile apps as quickly as possible. This clause will not prohibit us from seeking additional compensation if your conduct injures us in a way not expressly contemplated herein.
- You are not permitted to collect or store personal data about other users. You are not permitted to access the Website for the purpose of data mining or extracting content from the Website beyond your personal end use.
- You are permitted to use ACE Website and mobile apps to find expert and book consultation with them using ACE, to perform services for you related to your needs and to obtain general information related to ecommerce learning and development (each, a 'Permissible Use'). You are not permitted to use the ACE Website and mobile apps for any other reason other than a Permissible Use as described above. Impermissible Uses shall include, but are not limited to, using the Website and mobile apps to order to solicit, hire, engage or otherwise work with the employees or affiliates of ACE, to interfere or attempt to interfere in the relationship between ACE and such employees, affiliates, experts, members, or for any other purpose other than described herein (each, an 'Impermissible Use'). If you do engage in such conduct, the resulting damage will be hard to quantify as a fixed amount and thus you hereby agree to pay us liquidated damages in the amount of USD. 50,000 for each Impermissible Use, and further unquantified damages which will occur due to your act will be accessed and you shall be liable to pay the same. You further agree that this liquidated damages provision reasonably approximates actual costs, losses, and expenses which would be incurred by ACE due to any such Impermissible Use. You also agree that nothing in this section is intended to limit ACE’s right to obtain injunctive and other relief as may be appropriate.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through ACE Website and mobile apps. You agree to not harm minors in any way.
- In the event you submit information through ACE, you agree to provide true, accurate, current and complete information and agree to promptly update the information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, and/or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your participation in ACE and/or refuse any and all current or future use of ACE or its services (or any portion thereof).
- You understand and agree that all information, statistical data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted by you and other users of our service, are the sole responsibility of the person from which such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email or otherwise transmit via ACE. We do not control all of the Content posted via ACE and, as such, do not guarantee the accuracy, integrity or quality of such Content. You understand that by using ACE, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via ACE.
- You acknowledge that we may or may not pre-screen Content, but that our designees and we shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or move any Content that is available via ACE. Without limiting the foregoing, our designees and we shall have the right (but not the obligation) to remove any Content that violates this agreement or is otherwise objectionable.
- ACE (the owners and the employee staff) and third- party professionals who offer services through ACE accept no responsibility for any medical, legal or financial events or outcomes related to services achieved through the use of ACE.
- ACE does not guarantee that an online consultation, over-phone consultation or in-person / video consultation is the appropriate way to resolve/ solution for your specific needs and/or learning and development requirements.
In addition, you understand that the specific method, features, and services offered on ACE may be altered, improved, removed or adapted at any time by us in its sole discretion and without any notice. If you do not agree with any of these terms, refrain using ACE website and mobile applications.
1.2 Independence of Experts
The opinions, statements, answers (collectively “consultation”) provided by the experts via www.aceaapi.com and/or supporting mobile apps are solely the individual and independent opinions and statements of such individuals and do not reflect the opinions of AAPI Technologies Private Limited and its entities, its affiliates or any other organizations or institutions to which such experts or such specialist or professional is affiliated or provides services. ACE does not recommend or endorse any specific experts, content, products, procedures, opinions, or other information that may be mentioned on ACE or by a member or expert of ACE. ACE is a technology platform to allow any individual and/or professionals to list themselves as expert or member in order to have an access to demand in addition to their causal offline work.
The inclusion of professionals and specialists on ACE or in any professional directory on ACE does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein. Such information is provided on an 'as-is' basis and ACE disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.
You agree that you understand experts who participate in ACE are not employed by or agents of ACE. Although ACE does require experts to provide basic information about themselves to ACE and although ACE does rely upon and pass on this information to Members for their use, ACE does not separately verify this information and makes no representations as to the qualifications of any experts. No listing of any expert on this Website and platform, and no information of any kind or answers provided by any experts, constitutes an endorsement, recommendation, or referral of any expert.
In connection with their participation ACE, experts do make certain representations and warranties regarding the information they provide about the jurisdictions in which they are licensed to practice their profession and in good standing. Nevertheless, you are encouraged to investigate or perform your own due diligence concerning the experts and their qualifications.
No representation is made that the quality of the professional services to be performed is greater than the quality of professional services performed by other experts. We urge all potential clients to make their own independent investigation and evaluation before any expert is being considered.
1.3 Member and Expert Profile at ACE
Your ACE profile is created to store record of your consultations and your personal query / problem information online, including history, etc.
Any information provided as part of a web, over-phone or an in-person / video consultation becomes part of your ACE record. You agree to provide accurate information to help us serve you best to our knowledge, to periodically review such information and to update such information as and when necessary.
ACE reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the ACE service according to its internal record retention and/or destruction policies.
You might be contacted via email to review the information provided by you for ACE record or for Online Consultations. Please make sure you provide a valid email-id and you update it as and when needed.
1.4 Supplementary Communication
ACE after your consent may send you newsletters and other information regarding common related topics or preventive care messages containing specific services’ related information, links to other related Websites and specific questions related to your ACE record. Additionally, ACE makes available self-care informational services that provide general, and specific services’ information.
These communications and resources are not comprehensive and do not include complete potential information pertaining to the subject matter. These are solely meant for general, educational and informational purposes and should not be relied upon as a substitute for user-specific query / problem evaluation or construed, directly or indirectly as the practice of that particular service or dispensing of that particular service by ACE.
The information contained in these communications and resources is compiled from a variety of sources and may or may not be authored by ACE. ACE makes no warranty with respect to the content of these materials or the information contained therein.
We are not responsible for anything outside of ACE. Now or in the future, the content and services may link you to other web Websites or information, software, data, or other contents, on or off the Internet. These other websites or and contents are not ACE, and the information there is outside of our control. We do not control, endorse, or review the content of these Websites, and we are not responsible for such content.
1.5 Protection of Proprietary Information
You agree that the services, which include all software and information, both electronic and printed media, contain trade secrets and other proprietary intellectual property and are the proprietary property of ACE. They are protected by trademark laws and other proprietary rights and laws, and they may only be used or accessed as specifically provided for, in this Agreement.
You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse-engineer, reverse-assemble, or otherwise attempt to discover any programming code or any source code used in or with the services. You will not otherwise attempt to transfer any right in the services (which includes its software, design and content), create derivative works based on it or in any manner commercially exploit the services in whole or in part. You agree that violations by you, any other person or entity, of these trade secrets and / or other intellectual property protections or the terms of this Agreement will be led to prosecution under the respective jurisdiction laws and bylaws. The final choice of whether the member or expert or consumer is in violation of any of these policies is at the sole discretion of ACE.
Only for the duration of being logged into the member or expert’s valid ACE account, the member and expert are hereby granted a revocable, non-exclusive, non- transferable license to use the services for personal, non-commercial purposes; subject to terms and qualifications of Agreements of ACE.
With the exception of your case records, ACE retains all rights, titles and interests pertaining to ACE, the ACE services and any content, products, documentation, software or other materials on the ACE Website and mobile apps along with any trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing.
Contact us if you believe information on our Website and mobile apps infringes your copyright. If you believe any materials accessible on or from ACE infringe your copyright, you may request removal of those materials.
No part of the materials including graphics or logos, available in this Website or mobile apps may be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, without specific permission.
Your license to access and use the Website and mobile apps and its services are subject to the following additional restrictions and prohibitions on use. You may not (1) copy, print (except for the express limited purpose permitted), republish, display, transmit, distribute, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Website and mobile apps, or any information or materials retrieved therefrom; (2) use the Website or mobile apps or any other materials from the Website and mobile apps to develop, or as a component of, an information storage and retrieval system, database, infobase, or similar information resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (3) create compilations or derivative works of the Website or any other materials from the Website and mobile apps; (4) use the Website and mobile apps or any other materials from the Website and mobile apps in any manner that may infringe any intellectual property right, or proprietary right of ACE or any third parties; (5) remove, change, or obscure any proprietary notice or Terms & Conditions contained in ACE; (6) make any portion of the ACE available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future, without our express written consent; (7) remove, disable, defeat or change any functionality or appearance of ACE; (8) decompile, disassemble or reverse engineer any website software or mobile apps software or use any network monitoring or discovery software to determine the Website and mobile apps architecture; (9) use any automatic or manual process to harvest information from the Website and mobile apps; (10) use the Website and mobile apps for the purpose of gathering information for or transmitting (a) unsolicited commercial email or SMS; (b) email or SMS that makes use of our name or trademarks, including in connection with invalid or forged headers, invalid or non-existent domain names, or other means of deceptive addressing; and (c) unsolicited telephone calls or facsimile transmissions; (11) use the Website and mobile apps in a manner that violates any state or federal law regulating commercial email, facsimile transmissions or telephone solicitations; and (12) export or re- export the Website and mobile apps or any portion thereof, or any software available on or through ACE, in violation of the export control laws and regulations of the United Kingdom, European Union, United States, Pakistan, and any other countries.
1.6 Etiquette and Privacy
The resources of ACE should not be used to impersonate another person or misrepresent authorization to act on behalf of others or ACE. All messages transmitted via ACE should correctly identify the sender. The Member or Expert should never alter the attribution of origin in electronic mail messages or while posting any information.
ACE has zero-tolerance for unsolicited bulk email, bulk SMS, unsolicited posting to news groups, marketing gimmicks/spam/scams in community resources, or other illegal activities. The Member and Expert shall not infringe upon the rights of others, spam, propagate computer worms or viruses, use a false identity, attempt to gain unauthorized entry to any website or network, infringe trademarks, or other intellectual property rights. The Member and Expert further agrees to comply with export laws concerning the transmission of technical data and other regulated materials via the World Wide Web.
The Member and Expert agrees to indemnify and hold ACE harmless for any and all acts found or suspected to be in violation hereof. The Member and Expert’s account will be terminated for any of the above infractions.
The Member and Expert shall not attempt to undermine the security or integrity of computing systems or networks of ACE, its partners, or those accessed through or with their product, and must not attempt to gain unauthorized access.
ACE reserves the right to terminate any account which does not follow our Terms and Conditions.
1.7 Electronic Payment
ACE may from time to time contract with third party payment service providers including banks to open bank account under applicable laws, to facilitate the payment between members and experts i.e. buyers and sellers and for collection of ACE platform fees and other charges. These third-party payment service providers may include third party banking or credit card payment gateways, payment aggregators, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the banks and payment gateways for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.
You agree, understand and confirm that the bank / debit / credit card / mobile wallet payments details provided by you for availing services of ACE will be correct and accurate. These details are entered by you directly at the third-party payment service provider webpage and ACE does not have any access whatsoever to your payment details.
Your use of these Third Party Payment service providers is subject to their Terms & Conditions. You understand that ACE is not responsible or liable for the behavior, features, or content of any Third Party Payment service provider.
ACE cannot assist with a stop payment request for any payment scheduled using a Payment Account credit/debit card and mobile wallet payments. In any such case, you must immediately and directly contact your credit/debit card and/or mobile wallet company/bank.
1.8 Payment, Cancellation and Refund
Payment Policy All fee has to be paid upfront before availing any paid service at ACE.
Cancellation Policy In the event of cancellation of any paid consultation for which payment has been successfully made and a confirmation number has been generated, and the consultation has not been concluded due to any avoidable / unavoidable reason(s) we must be notified of the same in writing – by an email at firstname.lastname@example.org.
Cancellation charges will be effective from the date we receive your email. Cancellation can be requested no later than 24 hours before final delivery time / Appointment time.
Our Customer Service team will contact you within 7 business days and in cases where the expert has not delivered the booked and/or re-scheduled consultation, we will return your money within 15 business days from the day the request for Cancellation was received.
Please note that there will be a nominal deduction (10%) in the amount refunded, payable towards online payment processing. The refund will be processed directly in your Bank / Credit Card / Mobile wallet account that was used to make the payment.
Refund Policy In the event your request for consultation is accepted but post-payment due to unexpected and extenuating circumstances, your request for consultation is rejected or cancelled; You will be given an option of opting for another request for consultation OR you can contact us at email@example.com to request for refund. The refund will be credited to your account within 15 working days.
In case your credit card/debit card/mobile wallet payment account has been accidentally over-charged, please notify ACE of the same at the earliest. ACE will refund the outstanding amount to your Payment Account within 15 working days. In the reverse scenario, if the transaction amount during payment of the fee happens to be less than the actual fee amount, ACE will debit the outstanding amount from your Payment Account and notify you of the same.
It is mandatory for the users to maintain unique Transaction ID numbers, which would be provided at the time of placing a request. This number would be required to address any problems, if any.
In the majority of cases, there is NO other situation under which ACE will provide a refund, except for the condition expressly mentioned above under Refund Policy. In exceptional circumstances, the ACE team will work with you to reach a mutually acceptable solution. ACE intends to be objective, fair and reasonable in resolving such situations in order to maintain a positive and harmonious relationship with Members and Experts. The maximum refund amount claimable from ACE cannot exceed the amount paid by the user at ACE for availing the Expert’s service(s).
No refund in any case whatsoever can be claimed from ACE for the amount paid to the Expert and/or Member directly by the Member and/or Expert.
Please note that there will be a nominal deduction (10%) in the amount refunded, payable towards online payment processing. The refund will be processed directly in your Bank / Credit Card / Mobile wallet account that was used to make the payment.
1.9 Suspension Due to Non-Compliance with Agreement
ACE will make all possible efforts to provide you the best services for your payment. However, ACE shall not incur any liability and shall declare any service guarantee void in event of one or more of the following circumstances:
- If you have not provided accurate details including contact information (Member’s and Expert’s email and/or phone number), username and Payment account information.
- If the transaction for payment does not go through with your bank or payment provider due to (including but not limited) insufficient funds, fraudulent access, failure of processing the request by our Affiliate merchants or your bank.
- If circumstances beyond the control of ACE (such as, but not limited to, fire, flood, or interference from external forces) prevent proper execution of the transaction.
- If you do not respond to requests of more information (if needed) by the Experts to make a consultation. Expert and/or we would intimate you the needful via email and/or phone and/or SMS and/or as a message in your ACE account.
- If the user is in breach of any of the Terms and Conditions of this Agreement and/or the Terms and Conditions of the usage of ACE.
You acknowledge that your use of the ACE platform and any relates services are solely at your own risk, and that you assume full responsibility for all risks associated therewith. To the extent that any of the content included on ACE is provided by third party content providers or other users, we have no editorial control or responsibility of such content appearing on ACE. All information, products or services contained on or provided through ACE are provided 'as is', without any warranty of any kind, express or implied, to the fullest extent permissible under applicable law. ACE and its Affiliates hereby disclaim all representations and warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, appropriateness, title, non-infringement and freedom from virus strains.
Third-party content may appear on ACE or may be accessible via links from ACE.. We shall not be responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations, or any other form of content contained in any third-party content appearing on ACE. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by us nor does it reflect our beliefs.
ACE may contain 'hyperlinks' to website and content neither owned nor controlled by us and we are not responsible for, and, unless otherwise noted specifically, make no representations or endorsements with respect to these websites and content authors/owner or with respect to any service or product associated with these websites and content authors/owners. By including these hyperlinks, we do not mean to state or imply that we sponsor, are affiliated with, or are legally authorized to use any trade name, registered trademark, service mark, logo, legal or official seal, or copyrighted symbol that may be reflected in the hyperlinks.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through ACE, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on ACE.
Without limiting the foregoing, ACE and its affiliates make no warranty as to the reliability, accuracy, timelines, usefulness, adequacy, completeness or suitability of the ACE products and services provided hereunder. ACE makes no representations or warranties about the satisfaction of government regulations.
ACE will take all necessary precautions to protect itself against failure of our hardware and our software. The Member and Expert acknowledges and agrees that temporary interruptions in service may occur, and that ACE shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the services. ACE makes no warranty that the services will meet your requirements, or that the service(s) will be uninterrupted, timely, secure, or error free. The Member and Expert acknowledges and agrees that in the event of failure, restoration of service may take several days.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, ACE (or any part of it) with or without notice. In the event of a modification or discontinuance, all information submitted by you and others may be lost. You agree to keep a permanent record of all information provided to us, and you agree that all information submitted to us is at your sole risk. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted by ACE including without limitation messages and other communications. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
We do not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not warrant or represent that the information available on or through ACE will be correct, accurate, timely, or otherwise reliable. We may (but are not obligated to) make improvements and/or changes to its features, functionality or content of ACE at any time. In no event shall we be liable for any such errors or defects.
1.11 Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF ACE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ON ACE IS PROVIDED SOLELY ON AN 'AS-IS/AS-AVAILABLE' BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AS TO THE RESULTS YOU MAY ACHIEVE ON ACCOUNT YOUR USE OF THE WEBSITE, AS TO THE RESULTS YOU MAY ACHIEVE ON ACCOUNT OF ANY RELATIONSHIP YOU ELECT TO CREATE WITH Expert / Member / PROFESSIONAL, AND NON-INFRINGEMENT. NEITHER ACE NOR ANY OF ITS LICENSORS OR AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES REGARDING ANY Expert / Member / / PROFESSIONAL, INCLUDING, WITHOUT LIMITATION, ANY Expert / Member / PROFESSIONAL’s ABILITY TO OBTAIN A FAVORABLE RESULT FOR YOU.
WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR SERVICES AND WE DO NOT GUARANTY IN ANY SERVICES OR GOODS ASSOCIATED WITH ACE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY SERVICE OR GOOD WILL CONTINUE TO BE AVAILABLE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM ACE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
1.12 Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE ACE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM ACE; (iii) INVALID DESTINATIONS, TRANSMISSION ERRORS, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ACE; (v) YOUR FAILURE TO RECEIVE ANY THIRD PARTY SERVICES OR PRODUCTS REQUESTED THROUGH ACE OR (vi) ANY OTHER MATTER RELATING TO ACE. IN NO EVENT ARE WE LIABLE TO YOU FOR AN AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU TO US FOR THE SERVICES IN QUESTION, IF ANY.
1.13 Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THE SECTIONS ABOVE MAY NOT APPLY TO YOU.
You shall defend, indemnify, save and hold ACE, its affiliates harmless from all demands, liabilities, claims and expenses, including Lawyer's fees, fees of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation, infringement by you or someone else using the service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided.
When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your agreement and may result in deactivation of your service(s) with immediate effect.
Under no circumstances, including negligence, shall ACE including (it’s Affiliates) or anyone else involved in creating, producing or distributing ACE services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use ACE services, or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to ACE records, programs or services. This paragraph shall apply to all content and functionality of ACE services.
Notwithstanding the above, the Member and Expert’s exclusive remedies for all damages, losses and causes of actions whether in contract, including negligence or otherwise, shall not exceed the aggregate amount, which the Consumer paid directly to ACE for the service in question. Such limitations shall apply to ACE total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
In no event shall ACE nor any of its affiliates be liable for any direct damages in excess of the purchase price for the product. In addition, to the maximum extent permitted by law, in no event shall ACE nor any of its affiliates be liable for any special, punitive, indirect, incidental or consequential damages, including but not limited to personal injury, wrongful death, loss of use, loss of profits, interruption of service or loss of data, whether in any action in warranty, contract, tort (including, but not limited to negligence or fundamental breach), or otherwise arising out of or in any way connected with the use of, or the inability to use, ACE or any service offered through ACE or any material or information contained in, accessed through, or products purchased on ACE, even if an authorized representative of ACE is advised of the likelihood or possibility of the same. To the extent certain jurisdictions restrict any of the above limitations of liability; such limitations shall not apply in such jurisdictions to the extent of such restrictions.
1.15 Third Party Protection
The indemnification and disclaimers provisions set forth above are for the benefit of ACE and its affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you, the Member and Expert on their own behalf.
1.16 Right to Operational Functionality
ACE reserves complete and sole discretion with respect to the operation of our services. We may, among other things withdraw, suspend or discontinue any functionality or feature of our services.
By using AACE, you do not acquire any rights to ACE other than the limited license to use ACE that can be terminated in accordance with this section. You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or use of the ACE, and remove and discard any content within ACE, for any reason, including, without limitation, non-payment, for lack of use, or if we believe that you have violated or acted inconsistently with the letter or spirit of this agreement. We may also in our sole discretion and at any time discontinue providing ACE, or any part thereof, with or without notice. You agree that any termination of your access to ACE under any provision of this agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related content information and files in your account and/or bar any further access to such files or ACE. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to ACE
1.17 Right to Modify Terms and Conditions
You agree and confirm that the Terms of service may be amended from time to time without notice and take responsibility to update yourself periodically with the latest version available on ACE. Any such revision or change will be binding and effective immediately on release of the revised Agreement or change to the service(s) on our ACE. Unless we notify otherwise, these terms incorporate and supersede any other terms associated with the services.
ACE has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions stated herein, without prior notice or warning.
ACE may freely transfer, assign or delegate all or any part of this Terms & Conditions, and any rights and duties hereunder. This Terms & Conditions will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.
ACE may provide notice to you- the Member and Expert, by e-mail to the e-mail address provided by you during registration, by a general notice on ACE. You may give notice to ACE at any time via email to firstname.lastname@example.org.
We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on ACE regarding any change of ownership so that you have the opportunity to discontinue your use of the ACE or cancel your registration if you do not wish to continue to use ACE and the services under the new ownership. You may not assign, transfer or sublicense these Terms & Conditions to anyone else and any attempt to do so in violation of this section shall be null and void.
1.20 Waiver and Severability of Terms
Our failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of the agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the agreement shall remain in full force and effect.
1.21 Expert / Member Ethics Notice
If you are an Expert and/or Member, participating in any aspect of ACE you acknowledge that rules of professional conduct apply to all aspects of your participation and that you will abide by such rules. The rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of your respective profession, and misrepresentations of fact. We disclaim all responsibility for your compliance with these rules.
The section titles in this agreement are for convenience only and have no legal or contractual effect.
ACE does its best to protect your privacy with respect to information not otherwise disclosed by you in questions submitted to ACE.
In connection with the submission of Free Questions and Paid Consultations, we only require, and we encourage you to only provide, the minimum amount of personal identifying information necessary to process a question. Some of your personal information provided to ACE, including phone number, is concealed from all other Experts and Members of ACE and is never published as part of the ACE public database. Only the ACE administrators have access, for purposes of ACE administration only, to this information. ACE will not disclose this information to third parties without your permission, except in the following circumstances: (i) to protect ourselves from liability, or (ii) to respond to legal process or to otherwise comply with the law. With respect to certain information supplied by you, as explained further below, there will be a need for disclosure to Expert when you have booked a paid consultation.
Whether other information submitted to ACE by you, such as the contents of the Question itself, will be publicly disclosed will vary as between Free Questions and Paid Consultations:
1.23 Ownership of Content
By uploading and/or posting any type of free content, information, and question to ACE, you understand and agree that your content, question and any answer provided by Expert / Member will become part of the ACE public database and the sole property of ACE.
Thus, as to all free content, information, and questions and any answers, you agree that, without any compensation to you, ACE will own all rights to the upload and submitted content, questions and answers (including any intellectual property and moral rights) and will have the sole unrestricted right to use, reproduce, edit, modify, sell, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the submitted content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in the content.
1.24.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
1.24.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.
1.24.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
1.24.4 We may assign any or all of our rights and obligations to others at any time.
1.24.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
1.24.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
1.24.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.
1.24.8 For Members and Experts - Please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction expect that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you have any complaint or wish to raise a dispute under these Terms and Conditions or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr.
1.24.9 For business users only - If you are a business user, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English Law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
1.24.10 The following are trade marks of AAPI TECHNOLOGIES LTD. You are not permitted to use them without our approval, unless they are part of material our Site explicitly states you are permitted to use.
- UK00003645810, trade marked in United Kingdom
- 07393028, trade marked in Pakistan
1.24.11 Except as stated under the Mobile Application section, a person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
1.24.12 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at email@example.com or by post to:
20-22 Wenlock Road
London, England N1 7GU
1.25 Entire Agreement
The Terms & Conditions shall commence upon the date you use ACE in any form. This Terms & Conditions and the licenses granted hereunder shall be terminated without notice in the event you (or any authorized person using your account) fail to comply with the Terms and Conditions of this Terms & Conditions or the rules for use of the ACE service promulgated by ACE from time to time. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. Upon any termination, you will destroy all copies of ACE materials in your possession and cease any access to or use of ACE. Upon this suspension or termination we may delete information, files, and other previously available content to you including but not limited to information provided by you. ACE shall not be liable to you or any third party for any termination of your access to ACE and/or the services.
The provisions of this Terms & Conditions are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such a provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.
The failure of ACE to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
I, the Member/Expert
Understand the risks and benefits of the online consultation
Acknowledge and agree to assume the risk of the above-mentioned limitations pursuant to the use of ACE. I further understand and agree that no warranty or guarantee has been made to me concerning any consultation on particular problem, result, solution of my query / problem.
I understand that the laws that protect privacy and the confidentiality of personal and / or Professional Services’ information also apply to ACE, and that my information will be only used as defined by the ACE’s Terms & Conditions and Privacy Statement.
I understand that the consultation through ACE may involve electronic communication of my personal information to other Experts who may be located in other areas, including out of state.
Notwithstanding User’s registration with National Do Not Call Registry (In Fully or Partly blocked category under National Customer Preference Register set up under Telecom Regulatory Authority), Member and Expert hereby expresses his interest and accord its willful consent to receive communication (including commercial communication) in relation to company name. Member and Expert further confirms that any communication, as mentioned herein above, shall not be construed as Unsolicited Commercial Communication under the TRAI guidelines and User has specifically opted to receive communication in this regard on the telephone number provided by the Member and Expert.
You need an account for most activities on our platform. Keep your password somewhere safe, because you’re responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting our Support Team. You must have reached the age of consent for online services in your country to use ACE.
You need an account for most activities on our platform, including to purchase and access content or to submit content for publication or to book consultation with an Expert. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.
You may not share your account login credentials with anyone else. You are responsible for what happens with your account and ACE will not intervene in disputes between Member or Expert who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our Support Team. We may request some information from you to confirm that you are indeed the owner of your account.
Members and Experts must be at least 18 years of age to create an account on ACE and use the Services. If you are younger than 18 but above the required age for consent to use online services where you live (for example, 13 in the US or 16 in Ireland), you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you access content that is appropriate for you. If you are below this age of consent to use online services, you may not create an ACE account. If we discover that you have created an account that violates these rules, we will terminate your account. Under our Expert Terms, you may be requested to verify your identity before you are authorized to submit content for publication on ACE.
3. Content Enrollment and Membership Access
When you enroll in a course or other content, you get a license from us to view it via the ACE Services and no other use. Don’t try to transfer or resell content in any way. We generally grant you a membership access license, except when we must disable the content because of legal or policy reasons.
Under our Expert Terms, when Experts publish content on ACE, they grant ACE a license to offer a license to the content to Members. This means that we have the right to sublicense the content to enrolled Members. As a Member, when you enroll in a course or other content, whether it’s free or paid content, you are getting a license from ACE to view the content via the ACE platform and Services, and ACE is the licensor of record. Content is licensed, and not sold, to you. This license does not give you any right to resell the content in any manner (including by sharing account information with a purchaser or illegally downloading the content and sharing it on torrent sites).
In legal, more complete terms, ACE grants you (as a Member) a limited, non-exclusive, non-transferable license to access and view the content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with the particular content or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless we give you explicit permission to do so in a written agreement signed by an ACE authorized representative. This also applies to content you can access via any of our APIs.
We generally give a membership access license to our Members with valid membership subscription when they enroll in a course or other content. However, we reserve the right to revoke any license to access and use any content at any point in time in the event where we decide or are obligated to disable access to the content due to legal or policy reasons, for example, if the course or other content you enrolled in is the object of a copyright complaint, or if we determine it violates our Trust & Safety Guidelines. This lifetime access license does not apply to any add-on features and services associated with the course or other content you enroll in. For example, Experts may decide at any time to no longer provide teaching assistance or Q&A services in association with the content. To be clear, the membership access is to the course content but not to the Expert.
Experts may not grant licenses to their content to Members directly, and any such direct license shall be null and void and a violation of these Terms.
4. Payments, Credits, and Refunds
When you make a payment, you agree to use a valid payment method. If you aren’t happy with your content, ACE offers a 14-day refund or credit for most content purchases.
The prices of content and consultation appointments with Experts on ACE are determined based on the terms of the Expert Terms and our Promotions Policy. In some instances, the price of content and consultation appointments offered on the ACE website may not be exactly the same as the price offered on our mobile applications, due to mobile platform providers’ pricing systems and their policies around implementing sales and promotions.
We occasionally run promotions and sales for our content and consultation appointments, during which certain content is available at discounted prices or free of cost for a set period of time. The price applicable to the content and consultation appointments will be the price at the time you complete your purchase of the content (at checkout). Any price offered for particular content may also be different when you are logged into your account from the price available to members who aren’t registered or logged in, because some of our promotions are available only to new members.
If you are logged into your account as ACE Expert, the listed currency you see is based on our platform default currency i.e. USD. As an Expert you can chose your default currency for your consultation listings and courses between USD and PKR. We do not enable users to see pricing in other currencies.
If you are a Member and/or Expert located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added at checkout.
When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the content you are enrolling in, you agree to pay us the corresponding fees within fourteen (14) days of notification from us. We reserve the right to disable access to any content for which we have not received adequate payment.
At our discretion we may provide free access to both Members and Experts as well.
4.3 Refunds and Refund Credits
If the content you purchased and/or a book consultation with an expert is not what you were expecting, you can request, within 14 days of your purchase of the content or within 2 days of your booked consultation, that ACE apply a refund to your account. This refund option does not apply to Subscription Plan purchases, which are covered in Section 8.4 below. We reserve the right to apply your refund as a refund credit or a refund to your original payment method, at our discretion, depending on capabilities of our payment service providers, the platform from which you purchased your content (website, mobile app), and other factors. No refund is due to you if you request it after the 14-day guarantee time limit has passed. However, if the content you previously purchased is disabled for legal or policy reasons, you are entitled to a refund beyond this 14-day limit. ACE also reserves the right to refund Members beyond the 14-day limit in cases of suspected or confirmed account fraud.
Refund credits may expire if not used within the specified period and have no cash value, in each case unless otherwise required by applicable law.
At our discretion, if we believe you are abusing our refund policy, such as if you’ve consumed a significant portion of the content that you want to refund or if you’ve previously refunded the content, or if we determine that your consultation appointment with Expert was fulfilled as expected, we reserve the right to deny your refund, restrict you from other future refunds, ban your account, and/or restrict all future use of the Services. If we ban your account or disable your access to the content due to your violation of these Terms or our Trust & Safety Guidelines, you will not be eligible to receive a refund. Additional information on our refund policy is available here.
4.4 Gift and Promotional Codes
ACE or our partners may offer gift and promotional codes to Members. Certain codes may be redeemed for gift or promotional credits applied to your ACE account, which then may be used to purchase eligible content on our platform, subject to the terms included with your codes. Other codes may be directly redeemable for specific content. Gift and promotional credits can’t be used for purchases in our mobile applications.
These codes and credits, as well as any promotional value linked to them, may expire if not used within the period specified in your ACE account. Gift and promotional codes offered by ACE may not be refunded for cash, unless otherwise specified in the terms included with your codes or as required by applicable law. Gift and promotional codes offered by a partner are subject to that partner’s refund policies. If you have multiple saved credit amounts, ACE may determine which of your credits to apply to your purchase. Check out our Support Page and any terms included with your codes for more details.
5. Content and Behavior Rules
You can only use ACE for lawful purposes. You’re responsible for all the content that you post on our platform. You should keep the reviews, questions, posts, courses and other content you upload in line with our Trust & Safety Guidelines and the law, and respect the intellectual property rights of others. We can ban your account for repeated or major offenses. If you think someone is infringing your copyright on our platform, let us know.
You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
If you are a Member, the Services enable you to ask questions to the Experts of courses or other content you are enrolled in or for your book consultation appointments, and to post reviews of content and consultation. For certain content, the Expert may invite you to submit content as “homework” or tests. Don’t post or submit anything that is not yours.
If you are an Expert, you can submit content for publication on the platform and you can also communicate with the Members who have enrolled in your courses or other content or book consultation appointments or responded to your posts. In all cases, you must abide by the law and respect the rights of others: you cannot post any course, question, answer, review or other content that violates applicable local or national laws or regulations of your country. You are solely responsible for any courses, content, and actions you post or take via the platform and Services and their consequences. Make sure you understand all the copyright restrictions set forth in the Expert Terms before you submit any content for publication on ACE.
If we are put on notice that your course or content violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), if we discover that your content or behavior violates our Trust & Safety Guidelines, or if we believe your content or behavior is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your content from our platform. ACE complies with copyright laws. Check out our Intellectual Property Policy for more details.
ACE has discretion in enforcing these Terms and our Trust & Safety Guidelines. We may restrict or terminate your permission to use our platform and Services or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms, if you fail to pay any fees when due, for fraudulent chargeback requests, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, if we suspect that you engage in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any such termination we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.
If a user has published content that infringes your copyright or trademark rights, please let us know. Our Expert Terms require our Experts to follow the law and respect the intellectual property rights of others. For more details on how to file a copyright or trademark infringement claim with us, see our Intellectual Property Policy.
6. ACE’s Rights to Content You Post
You retain ownership of content you post to our platform, including your courses. We’re allowed to share your content to anyone through any media, including promoting it via advertising on other websites.
The content you post as a Member or Expert (including courses) remains yours. By posting courses and other content, you allow ACE to reuse and share it but you do not lose any ownership rights you may have over your content. If you are an Expert, be sure to understand the content licensing terms that are detailed in the Expert Terms.
When you post content, comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize ACE to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit.
In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with ACE for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.
7. Using ACE at Your Own Risk
Anyone can use ACE to create and publish content and Experts and we enable Experts and Members to interact for teaching and learning. Like other platforms where people can post content and interact, some things can go wrong, and you use ACE at your own risk.
Our platform model means we do not review or edit the content for legal issues, and we are not in a position to determine the legality of content. We do not exercise any editorial control over the content that is available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the content. If you access content, you rely on any information provided by an Expert at your own risk.
By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. ACE has no responsibility to keep such content from you and no liability for your access or enrollment in any course or other content, to the extent permissible under applicable law. This also applies to any content relating to health, wellness, and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of content, and by accessing such content you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after your access to the content.
When you interact directly with a Member or an Expert, you must be careful about the types of personal information that you share. While we restrict the types of information Experts may request from Members, we do not control what Members and Experts do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.
We do not hire or employ Experts nor are we responsible or liable for any interactions involved between Experts and Members. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of Experts or Members.
When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.
8. ACE’s Rights
We own the ACE platform and Services, including the website, present or future apps and services, and things like our logos, API, code, and content created by our employees. You can’t tamper with those or use them without authorization.
All right, title, and interest in and to the ACE platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by Experts and Members) are and will remain the exclusive property of ACE and its licensors. Our platforms and services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing gives you a right to use the ACE name or any of the ACE trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding ACE or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
You may not do any of the following while accessing or using the ACE platform and Services:
- access, tamper with, or use non-public areas of the platform (including content storage), ACE’s computer systems, or the technical delivery systems of ACE’s service providers.
- disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
- copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the ACE platform or Services.
- access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
- in any way use the Services to send altered,
deceptive, or false source-identifying information (such as sending email
communications falsely appearing as ACE); or interfere with, or disrupt,
(or attempt to do so), the access of any user, host, or network,
including, without limitation, sending a virus, overloading, flooding,
spamming, or mail-bombing the platforms or services, or in any other
manner interfering with or creating an undue burden on the Services.
Miscellaneous Legal Terms
These Terms are like any other contract, and they have boring but important legal terms that protect us from the countless things that could happen and that clarify the legal relationship between us and you.
9.1 Binding Agreement
You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with ACE. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.
If you are an Expert accepting these Terms and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us (which include, if you are an Expert, the Expert Terms and the Promotions Policy).
If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.
The following sections shall survive the expiration or termination of these Terms: Sections 2 (Content Enrollment and Access), 5 (ACE’s Rights to Content You Post), 6 (Using ACE at Your Own Risk), 7 (ACE’s Rights), 8.5 (Subscription Disclaimers), 9 (Miscellaneous Legal Terms), and 10 (Dispute Resolution).
It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our Experts is making misleading statements in their content. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will ACE or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.
We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
9.3 Limitation of Liability
There are risks inherent to using our Services, for example, if you access health and wellness content like yoga, and you injure yourself. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.
If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless ACE, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
9.5 Governing Law and Jurisdiction
When these Terms mention “ACE,” they’re referring to the Aapi Technologies Private Limited entity that you’re contracting with. If you’re a Member and/or Expert, your contracting entity and governing law will generally be determined based on your location.
If you’re a Member and/or Expert located in Pakistan, you’re contracting with Aapi Technology Private Limited and these Terms are governed by the laws of Pakistan, without reference to its choice or conflicts of law principles, and you consent to the exclusive jurisdiction and venue of the courts in Lahore, Punjab, Pakistan.
If you’re a Member located in a geographical region other than United Kingdom, or if you’re accessing our Services as an Expert, you’re contracting with Aapi Technologies Private Limited, and these Terms are governed by the English laws of the United Kingdom without reference to its choice or conflicts of law principles. In cases where the “Dispute Resolution” section below doesn’t apply to you, you consent to the exclusive jurisdiction and venue of courts in London, United Kingdom.
9.6 Legal Actions and Notices
No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued, except where this limitation cannot be imposed by law.
Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to firstname.lastname@example.org).
9.7 Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
9.8 No Assignment
You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.
9.9 Sanctions and Export Laws
You warrant that you (as an individual or as a representative of any entity on whose behalf you use the Services) aren’t located in, or a resident of, any country that is subject to applicable U.S. trade sanctions or embargoes (such as Cuba, Iran, North Korea, Sudan, Syria, or the Crimea region of Ukraine). You also warrant that you aren’t a person or entity who is named on any U.S. government specially designated national or denied-party list.
If you become subject to such a restriction during the term of any agreement with ACE, you will notify us within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to ACE).
You may not access, use, export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any United States and other applicable country export control and trade sanctions laws, rules and regulations. You agree not to upload any content or technology (including information on encryption) whose export is specifically controlled under such laws.
10. Dispute Resolution
If there’s a dispute, our Support Team is happy to help resolve the issue. If that doesn’t work and you live in the United States or Canada, your options are to go to small claims court or bring a claim in binding arbitration; you may not bring that claim in another court or participate in a non-individual class action claim against us.
This Dispute Resolution section applies only if you live in the United States or Canada. Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our Support Team.
10.1 Small Claims
Either of us can bring a claim in small claims court in (a) San Francisco, California, (b) the county where you live, or (c) another place we both agree on, as long as it qualifies to be brought in that court.
10.2 Going to Arbitration
If we can’t resolve our dispute amicably, you and ACE agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
10.3 The Arbitration Process
Any disputes that involve a claim of less than $10,000 USD must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (b) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise); and (c) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction. Disputes that involve a claim of more than $10,000 USD must be resolved per the AAA’s rules about whether the arbitration hearing has to be in-person.
10.4 No Class Actions
We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.
Notwithstanding the “Updating these Terms” section below, if ACE changes this "Dispute Resolution" section after the date you last indicated acceptance to these Terms, you may reject any such change by providing ACE written notice of such rejection by mail or hand delivery to ACE Attn: Legal, 20-22 Wenlock Road, London, N17GU, United Kingdom, or by email from the email address associated with your Account to email@example.com, within 30 days of the date such change became effective, as indicated by the "last updated on" language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and ACE in accordance with the provisions of this "Dispute Resolution" section as of the date you last indicated acceptance to these Terms.
11. Updating These Terms
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and ACE reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our ervices after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
12. Mobile Application
13.1 If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this license.
12.2 You will not:
(a) reverse engineer, decompile or otherwise try to discover the source code of the software/application unless you have first written to us requesting interoperability information and we have failed to provide you with that information or if we have failed to offer to provide you with interoperability information on reasonable conditions;
(b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application;
(c) breach any applicable laws, rules or regulations in connection with your access or use of the application;
(d) remove, alter or obscure any proprietary notice (including any notice of copyright or trade mark) posted by us or the licensors of the application;
(e) use the application for Site for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
(f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
(g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
(h) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or
(i) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.
12.3 The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an App Distributor) to access the Services:
(a) The licence granted to you for our mobile application is limited to a non-transferable licence to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service;
(b) We are responsible for providing any maintenance and support services with respect to the mobile application as specified in these Terms and Conditions or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
(c) In the event of any failure of the mobile application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
(d) You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
(e) You must comply with applicable third party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in breach of their wireless data service agreement when using the mobile application; and
(f) You acknowledge and agree that the App Distributors are third party beneficiaries of these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.
13. How to Contact Us
The best way to get in touch with us is to contact our Support Team. We would love to hear your questions, concerns, and feedback about ACE.
Thanks for sharing knowledge and learning with us!