Index:

1. Activities by the Provider
2. PEA Profile
3. Age
4. Fees
5. Disclaimer
6. Your Code of Conduct in the Oracloo platform and with services delivery
6. PEA Username and Password
7. Promotion
8. Legal information

1. Activities by the Provider

Oracloo provides a website and a platform where a PEA may present his or her expertise and sell advice or services to interested Oracloo users (“Clients”). The Provider makes no representation or warranty whatsoever as to the success of a PEA on the Oracloo for the number of clients or amount of business, or the willingness or ability of Clients to pay for any advice given by any PEA (regardless of whether the Provider provides promotional support). As a platform where PEAs can offer services, the Provider is not concerned or part of any transactions between PEAs and Clients. The Provider does not control the accuracy of any postings on the Oracloo or transmissions through it by Clients and it has no responsibility for verifying the identity of any of its Clients. Therefore, the PEA is advised to verify the details and credit-worthiness of those Clients to whom he/she is seeking to offer the consultancy to.

The Provider may review any PEA’s personal profile and amend any typing or spelling errors but it takes no responsibility for examining the truthfulness or accuracy of the details in a PEA’s personal profile, credentials, qualifications, or any PEAs’ postings or transmissions. The PEA can contact anytime the Provider to ask for a review of the profile and he/she edit it anytime. The Provider reserves the right at its absolute discretion to remove or refuse to post or transmit any content uploaded by a PEA and any profile violating the T&C will be removed right away. Each PEA bears all risks associated with the uploading and transmitting material utilizing the Oracloo, including reliance on its accuracy, reliability or legality. The Provider reserves the right to modify or discontinue, temporarily or permanently, the services in the Oracloo, with or without notice to you. You agree that the Provider shall not be liable to you or any third party for any modification or discontinuance to the Oracloo’s services, or for any losses or damages that may result to you or any client that you advise from such discontinuation or interruption of service.

The Oracloo’s services depend on upon different factors such as phone reception, software, hardware and communications networks of the Provider, its contractors, and suppliers. Hence, the Provider cannot guarantee that the Oracloo will not be interrupted, or that it will be timely, secure or error-free.

2. PEA Profile

• By registering as Oracloo PEA you are stating that you are providing and portraying correct and accurate information regarding your abilities, skills, background, and qualification and it is PEA responsibility to maintain and update all such information at all times. It is forbidden by law to offer advice in any jurisdiction where you are not authorized or licensed or in good standing to do so.
• By offering your services on Oracloo you understand and agree that you will not provide any legal or medical advice or other advice or information which may only be lawfully rendered or provided by a licensed professional match on a permanent basis to the profession, such as a lawyer, a doctor, etc… You are also bounded to provide any financial and money advice as well as you won’t be able to sell any other product in the platform including services related to or claiming success with lottery numbers.
• You will not misrepresent yourself or create a misleading listing. The foregoing requirements are ongoing obligations for you to maintain and update on a regular basis.
• You will not diagnose any illness nor prescribe or dispense medicines, and you are bounded to

When prompt with any medical/health question it is your duty to inform and ask the Client to consult a registered and licensed practitioner in its home country – you must, in fact, inform the client that your advice is not a substitute for the advice of a doctor.

Relationships with Clients

Through the Oracloo platform PEAs can offer paid consultancies to clients. Clients, in turn, can either be registered into the platform or just using the services as paid guests. All interactions within the platform are recorded and the Provider may screen, copy, transmit and review all communications conducted. All communications between PEAs and Clients are NOT encrypted and thus may be subject to unauthorized interception and monitoring.

Termination of Account by PEA

You can terminate within this T&C your contract with Oracloo anytime by removing your profile and it will take up to sixty (60) days for Oracloo to remove your public information. Notwithstanding termination, all obligations of PEA under this T&C relating to any activity prior to the termination date shall remain in full force and effect.

PEA User name and Password

By registering at Oracloo you state that you have read, understood and agreed to this Terms and Conditions. As part of the process, you will be required to create a user name and select a password of your choice. We recommend choosing a password that is not linked to any other account that you have online and by all means, it is your job to maintain the information on your account and password secured. If your information is stolen and you lost you will need to notify Oracloo right away. By signing it at Oracloo you understand that you are solely responsible for all the activities that happen under your profile and that what you stated is true and you are not misrepresenting yourself and/or using someone’s else identity. By registering as PEA any information or content that you post or transmit through the Oracloo is not to be considered as confidential and it will be of public domain. By posting the content you also grant the Provider an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, process, control, publicly perform and create derivative works, of your content on a global basis.

The Provider will not be liable for any loss that you incur as a result of any breach of your account, either with or without your knowledge, but you may be held responsible and liable for any losses incurred by the Provider due to someone else’s use of your account or password.

Use of Data

The Provider may disclose your information if (a) is necessary in order to comply with a legal process  or other legal requirements,  (b) would potentially mitigate the Provider’s liability in an actual or potential lawsuit, (c) is necessary or appropriate to protect the Provider’s rights or property, or the rights or property of any person or entity, (d) is necessary or appropriate to enforce this T&C or (e) is required or necessary to deter illegal behavior (including, but not limited to, fraud).

The Provider may use the details of operations and transaction happened through the Oracloo for promotional and informational purposes and publish their details on the Oracloo.

International Users

The Provider makes no claim that the content of the Oracloo is appropriate or may be downloaded outside of the United Kingdom (UK). If you access the Oracloo from a location outside the UK, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content.

Third-party websites

The Oracloo may contain links operated by third parties and it no control over that; by using the platform you acknowledge and agree that the Provider is not responsible for the availability of such third party.

3. Age

By using Oracloo and its services you agree that you are at least 18 years of age, and legally able to enter into a contract. In addition, by registering as a PEA and/or using the Oracloo, you also are agreeing to the terms of the Oracloo privacy policy When you register as a PEA you automatically become an Oracloo customer, therefore the provisions of the Customer T&C are an integral part hereof, and are incorporated herein as part of this T&C.

4. Fees

The Provider will make sufficient efforts to process each Clients’ chosen payment method for the amount agreed upon between the Clients and PEA within 45 days working days from the execution date of each transaction. The Oracloo’s commission fees (the “Commission”) and the Oracloo connection fees (“Connection Fees”) will be as follows:

The Oracloo Commission and Connection Fees are applied on a per-session basis after the Clients has been invoiced and paid the final session fee. Commission and Connection Fees are calculated as for the individual contract signed with each PEA.

The Provider will via PayPal or other payments method upon received a receipt. The PEA is solely responsible for reporting and paying any applicable tax or tariffs in connection with fees receivable or received due to your participation in the Oracloo.

Please note that the Provider may withhold, in its discretion, amounts paid by Clients by credit card until adequate time has passed to ensure that the payment will not be disputed by the paying Clients or charged back by such Clients’ credit card issuer, or, if the Provider reasonably believes that fraudulent activity may have occurred in connection with payment, until the Provider is able to verify that no such activity has occurred. If for any reason the Clients has not paid the PEA Fee or has paid but has later charged back such payment, no PEA Fees will be paid to you for that transaction and if the payment has already been made to you, you are required to repay this amount immediately to the Provider, and the Provider has the right to deduct this amount from your account or from future payments. In the event a payment has been made by the Provider, but has not been processed by you, the Provider may cancel that form of payment (e.g., the check).

The Oracloo’s billing system is by all means not error-free, and the Provider shall not be liable for any problems, miscalculations or malfunctions in processing PEA Fees or other payments due to you. If you think that a mistake has occurred you must send your complaint to the Oracloo’s customer services on info@oracloo.com no later than 45 days of discovery of such mistake.

5. Disclaimer

Your use of Oracloo is made at your sole and entire risk and if you decide to provide your services through the use of Oracloo, you must put in place a due diligence process that shows a reasonable standard of care, at least the same as a professional PEA would in a similar transaction not conducted through the internet, or the standard of care mandated by your profession, whichever is higher. The sale or purchase of services is accordingly at your sole and entire risk. You shall not have any plea, claim or demand against the Provider, its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents in respect of any services you provide in connection with the use of  Oracloo.

Under no circumstances will the Provider, its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents be liable to any PEA for any indirect, incidental, consequential, special, punitive or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage). You acknowledge and agree that the Provider disclaims any liability with respect to any claim, suit or action brought by a client in connection with the provision of any services by you (including, without limitation, representations by you as to your qualifications and advice) through Oracloo.

You further acknowledge and agree that you will solely be responsible and liable for any damages to any client to whom you provide services and where that Client suffers damages arising from or connected to such services. In the event of a dispute regarding any transaction conducted through Oracloo, you hereby release the Provider and its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and lawyer’s fees, which you may have against one or more of the above.

6. Your Code of Conduct in the Oracloo platform and with services delivery

You will be solely and fully liable for all conduct, services, advice, postings and transmissions that are made under your user name and password. You represent, warrant and declare that while you are using the Oracloo as a PEA, you will act according to the following rules:

• You will be solely responsible for the services provided to Clients and to the verification of Clients’ identity and other information delivered to you by Clients;
• By all means, you will never attempt to provide any service that you are not qualified to provide, even if requested to do so by a Clients. You will never respond to questions that are not within your fields of expertise and you will not mislead Clients to believe that you can provide a service outside your field(s) of expertise;
• All interactions between PEAs and Clients will be billed through the Oracloo regardless if the interaction is online or offline and by singing this T&C you are approving the pricing terms agreed upon with Clients while utilizing the Oracloo;
• All contact between PEAs, consumers and any other users who are introduced to the Oracloo platform must be conducted only through the Oracloo platform. Exchange of personal contact information is strictly prohibited. Any exchange of contact information or communication outside of the Oracloo platform, whether via personal email, phone, in person or any other means, is strictly prohibited and is a violation of this T&C. In the event the Provider suspects or determines any such unauthorized contact, it reserves the right to withhold your payments, levy fines, and/or suspend or terminate service in its sole and absolute discretion;
• We take ratings very seriously and you will not take any actions which may undermine, disrupt or manipulate the integrity of the Clients feedback (rating) system on the Oracloo. The Provider has the right to exclude without further explanation any rating that could compromise the integrity of the Clients feedback system;
• You agree that you will not use any device, software or routine to interfere with or disrupt the Oracloo or servers or networks connected to the Oracloo or disrupt any other person’s use of the Oracloo and that you will not attempt to gain unauthorized access to other computer systems or networks connected to Oracloo, whether by hacking, password “mining” or any other method of gaining access;
• You will not transmit “junk mail”, or any unsolicited mass distribution of e-mail or any other posting;
• You will not transmit through via Oracloo unprofessional, vulgar, obscene, racist, harmful, racist, defamatory or otherwise objectionable material of any kind;
• You will not violate, or aid or abet the violation of, any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;
• You will never, post, e-mail, transmit or otherwise make available: (a) any information or material that infringes a third party right, especially copyright or other intellectual property rights; (b) any third party advertisements, including banner exchange services; (c) software viruses, Trojan horses, worms or any other malicious application or (d) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law;
• You will not impersonate any person or entity, or make any false statement regarding your employment, agency or affiliation with any person or entity;
• You will not stalk, threaten or harass Clients or other PEAs or invade or attempt to invade their privacy;
• You will not engage in conduct that is harmful, unethical, fraudulent, deceptive or offensive;
• You will not disclose any information that was provided to you by a Clients and will use your best efforts to guard Clients’s privacy;
• You agree to comply with all applicable laws regarding the use of this Oracloo. You may not use this Oracloo to solicit the performance of any illegal activity or other activity which infringes the rights of the Provider or others;
• You may not operate robots or spiders to scan the Oracloo’s database;
• You may use “deep linking” only to your personal Web page within the Oracloo but not to any other part thereof.

7. Promotion

The Provider may include in the Oracloo advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the PEA may be shifted to an Oracloo of the advertiser or receive other messages, information or offers from the advertiser. You acknowledge and agree that the Provider is not liable for the privacy practices of advertisers or the content of their Oracloo, information, messages or offers. You are wholly liable for all communications with advertisers and for all transactions subsequently executed.

Oracloo IP

The Oracloo contains copyrighted material, trade secrets and proprietary information owned by the Provider, in particular, the copyright, database, trademarks, and patents. These can include graphics, design, software, texts, etc… By becoming a PEA you do not grant any rights to patents, copyrights, trade names, logo, trade secrets, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of the Oracloo. You may not create derivative software based upon any trade secret, intellectual property or proprietary information of the Oracloo. You do not have the right to use the Oracloo logo.

You may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of the Provider or the Oracloo, or take any other action which infringes or impairs the Provider’s trademark rights.

Indemnification

You agree to indemnify, defend and hold harmless the Provider, its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable lawyers’ fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against the Provider or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or T&C to be performed by you according to this T&C; (b) your provision of services to any third party, regardless of whether or not they are Clients of the Oracloo; or (c) any materials that you post to the Oracloo and/or any content on your Oracloo or otherwise provided to Clients. You represent and warrant that you maintain and will continue to maintain adequate insurance if such insurance is required by any applicable laws or regulations which apply to your provision of services, including, without limitation, professional liability insurance applicable to the legal and medical professions.

8. Legal information

This T&C shall be interpreted only in accordance with the laws of England – United Kingdom (excluding any rules governing the choice of laws) and any legal proceeding arising out this T&C will occur exclusively in courts of England, UK. You are prohibited from providing services to Clients who live in a country which is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States. Such countries include, without limitation, Cuba, Iran, Libya, North Korea, Syria and Sudan. In the event of any conflict between this T&C and the Clients T&C, this T&C shall take precedence. No waiver, concession, extension, representation or any alteration or addition to this T&C or pursuant hereto will be effective unless made expressly and in writing and the Provider reserves the right to change anytime these T&C and by doing that voiding any precedent T&C. We recommend PEA and clients to check these pages often. Please report any violation of use to info@oracloo.com

2 September 2016

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