Terms & Conditions
For Clients

Last updated: 25th February 2021

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These Terms apply to you and us if you want to hire someone to give you advice or services over Pearit at www.pearit.com.au. The Terms set out our agreement with you and are a binding contract. To make this contract easier to read, there are some defined words and phrases.

If you agree to these Terms then you are entering into a contract with Rosace Pty Ltd ABN 45 647 271 869, trading as Pearit. You may not access our services unless you agree to these Terms.

Australian Consumer Law
means Schedule 2 to the Competition and Consumer Act 2010 (Commonwealth).
Conference
means the audio (and usually video) conference we set up for you and the Professional after you have paid the fee.
Personal Information
means information about an individual person as defined in the Privacy Act 1988 (Commonwealth).
Professionals
means the people who provide advice or services to Clients through Pearit’s systems.
Services
means the services set out in the section below “Services we provide”.
Terms
means these terms and conditions.
we, us, our
means Rosace Pty Ltd ABN 45 647 271 869 of suite 1403/1 York Street, Sydney, New South Wales, 2000, Australia.
you, your
means the person reading and agreeing to these terms, or if you are agreeing to these terms on behalf of someone, that other person (including a company).

Services we provide

We are an introduction platform. We provide only these services:

  • introducing you to Professionals;
  • facilitating conferences between you and Professionals using our software;
  • collecting fees from you and paying the Professionals.

We don’t:

  • give advice – that’s what the Professionals do;
  • accept liability for the acts and omissions of the Professionals;
  • guarantee that you will like the advice of the Professionals;
  • guarantee the accuracy of the advice of the Professionals.

When you agree to a Consultation with a Professional, a separate contract is formed between you and the Professional. You can negotiate that contract and if you can’t agree, then you can cancel the Consultation.

Understanding the arrangements between you and us

A Consultation can only occur after we provide you with the details of one or more Professionals, you choose one, and pay for the Consultation. We will use reasonable care to provide you with a selection of Professionals who most closely match the criteria you submit through Pearit.

You may choose a Professional from the list we provide. Once you select a Professional and pay the fee, you become a client of the Professional for the purposes of the Consultation. If there is a problem with the content of the Consultation then that is matter between you and the Professional. You must and do release us from all liability arising out of or in relation to the Consultation.

The quality of the matching of you with a Professional depends upon the information provided to us by Professionals and you. We interview Professionals and attempt to verify experience and qualifications, but we do not warrant or guarantee that what the Professionals have told us is accurate. You agree that we are not liable to you for any loss, claim or expense that arises out of inaccurate information provided to us by any person.

Documents and information

We provide a messaging platform that allows you and the Professional to exchange documents and information. We have implemented that platform taking measures to ensure it is secure, but we do not warrant that it cannot be subject to an information security breach. You agree that we are not liable to you for any loss, claim or expense that arises out of a messaging platform security breach.

Your obligations

You must:

  • not during a Consultation or in communications with us speak or act in a manner that is lewd, profane, insulting, sexual, pornographic, illegal, or defamatory;
  • release us from any liability or claim arising out of the content of the Consultation;
  • indemnify us for any cost, loss or expense we incur arising out of or in connection with any court proceedings or claim you make against a Professional.

Privacy

We need some Personal Information from you so that we can provide you with the Services.

We are not going to share your Personal Information with anyone except the Professional you choose to retain, our credit card facility provider, and in the limited circumstances as set out in our Privacy Policy at https://pearit.com.au/privacy. You must read that Privacy Policy before consenting to give us Personal Information. We may change our Privacy Policy from time to time and will notify you before we make any changes.

Fees and payment

You will be required to pay for a consultation with a Professional before we set up an audio (and video) conference on Pearit. The fee is shown on the web page before you pay. We do not have to provide you with the Services until you pay the fee.

The fee must be paid in Australian dollars, and includes Australian Goods and Services Tax.

Cancellation

You may cancel a Conference for which you have paid, but we apply fees in some circumstances. If you cancel with at least 48 hours’ notice, we will not charge you a fee. If you cancel with less than 48 hours but more than 24 hours’ notice then we will charge you one-half of the original fee. If you cancel with less than 24 hours’ notice then we will charge you the full fee.

We charge these fees because: a contract has been made to provide the Services; generally the Professional has put time aside and made scheduling arrangements; and, we have set up the Conference. These fees are what we believe is a genuine pre-estimate of costs generally for cancellations close to the time of the Conference.

If you cancel, and under the Terms we can charge a fee, but you feel that is unfair for a reason such as not being able to agree on reasonable terms with a Professional, then you may contact us and we will consider a reasonable request for a fee-free cancellation.

Reviews and feedback

You can provide a rating and review of a Professional after a Conference. There are rules around ratings and reviews. A general summary of these is that your review must be honest, objectively correspond with what actually happened during the Conference, not be rude or insulting, and not expose you or us to any legal liability. We may remove any review in our absolute discretion.

Insurance

We do not require Professionals to have insurance such as professional indemnity insurance. If this is important to you or you require the Professional to have insurance then you must discuss this with the Professional via Pearit’s message function. prior to the Consultation. If you cannot agree on this issue then you may wish to cancel the Consultation.

Warranties

Except as required by law (such as the Australian Consumer Law), we expressly exclude any warranties as to the Services, the Consultation or its content.

Australian Consumer Law

As set out elsewhere in these Terms, we do not provide the content of the Consultation. The Consultation is provided by the Professional. We provide the Services as defined above in these Terms.

Despite anything else in these Terms, where you are entitled to a statutory guarantee under sections 60 to 62 of the Australian Consumer Law, then to the extent that we fail to comply with such guarantee, our liability for such a failure is limited to, at our option:

  • (a) supplying the services again; or
  • (b) payment of the cost of having the services supplied again,
unless it is not fair or reasonable for us to rely on this term of the Terms.

Just to be clear: if there is a breach of the statutory guarantee by the Professional then that is a breach of the arrangement between you (as client) and the Professional. If we have not yet passed on your payment to the Professional then we may withhold passing on payment (in our discretion), pending a resolution of a dispute between you and the Professional.

Limitation of liability

To the extent permitted by law, we are not liable to you in contract (including under an indemnity), tort, breach of statutory duty or otherwise in respect of any loss, damage or expense arising out of or in connection with the Services, the Consultation, or the relationship between the parties, that is:

  • an indirect or consequential loss, even if we have been advised of, know of, or should have known of the possibility of such loss, damage or expense; or
  • for any lost profits, loss of expectation, not achieving a saving, lost revenue, lost data, damage to any goods, or losses arising from business interruption or loss of goodwill.

Refunds

We will provide you with a refund after a Consultation in some circumstances, including:

  • where you have the benefit of a statutory warranty under the Australia Consumer Law;
  • we fail to provide you with the Services;
  • where we agree to provide a refund for a cancellation;
  • technical problems resulting in the Consultation not occurring;
  • the Professional:
    • was unqualified or misrepresented his or her qualifications or experience,
    • failed to provide the Consultation,
    • did not provide the Consultation in the manner agreed,
    • was affected by a substance or behaved in a manner materially not appropriate for a professional consultant.

Term and termination

These Terms terminate when the Services have been fully provided to you, or you cancel a Consultation and anything arising from that cancellation has been finalised.

Disputes

If you have a problem with Pearit or a Professional, then you should visit https://pearit.com.au/contact and submit a ticket. We will take reasonable steps to resolve the problem, but we are not an arbitration or mediation service. If the problem is with the content of a Consultation then you, as the client, will need to take that up with the Professional.