I want to supply consulting services
These Terms apply to you and us if you want to supply consulting 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).
- means the people who receive advice or services from Professionals through Pearit’s systems.
- means the audio (and usually video) conference we set up for you and the Professional after you have paid the fee.
- Pearit platform
- means the web site and systems at www.pearit.com.au.
- Personal Information
- means information about an individual person as defined in the Privacy Act 1988 (Commonwealth).
- means the people who provide advice or services to Clients through Pearit’s systems.
- means the services set out in the section below “Services we provide”.
- 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, yourself
- 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 Clients to Professionals;
- facilitating conferences between Clients and Professionals using our software;
- collecting fees from Clients and paying the Professionals.
- give advice – that’s what the Professionals do;
- accept liability for the acts and omissions of the Professionals;
- guarantee that Clients will like the advice of the Professionals;
- guarantee the accuracy of the advice of the Professionals.
When a Client agrees to a Consultation with a Professional, a separate contract is formed between the Client and the Professional. We provide for convenience some basic terms for the arrangement between you and the Client. The Client and you can negotiate that contract and if you can’t agree with the Client, then you can cancel the Consultation.
Information about Professionals
Before we accept you as a Professional on the Pearit platform, we will ask you to provide us with information about your experience and qualifications. It is a fundamental term of these Terms that you act in utmost good faith in providing us with this information. You indemnify us against all loss, cost and expense arising out of or in connection with you breaching this obligation.
We may interview you, request further information about you, and attempt to verify your experience and qualifications. You agree that we may ask any person to confirm or provide information about you. You agree to do all things necessary (including sign authorisations and other documents), if requested by us, to permit us to obtain information about your professional experience, qualifications and criminal record.
We may refuse to enter into any agreement with you in our absolute discretion.
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, and you release us accordingly.
You warrant at all times and on an ongoing basis that you have not been charged with or convicted of an offence involving dishonesty in the last 10 years. A breach of this warranty is a material breach of these Terms.
Understanding the arrangements between you and us
In our absolute discretion we may facilitate a Consultation between you and a Client. We are not obliged to provide your contact details to any prospective Clients.
A Consultation will occur after we provide a Client with the details of one or more Professionals, the Client chooses you, and pays for the Consultation. We will use reasonable care to provide Clients with a selection of Professionals who most closely match the criteria they submit through Pearit.
A Client may choose a Professional from the list we provide.
If we provide your contact details to a prospective Client, and the Client pays the fee for a Consultation, you agree to provide the Consultation at the time and date agreed for the relevant fee.
Once the Client selects a Professional and pays the fee, the Client 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 Client. You must and do release us from all liability arising out of or in relation to the Consultation.
Fees and payment
After a Consultation is completed then we will credit you with 80%% of the value of the fee paid by the Client post engagement.
You must provide us with accurate (and keep up to date) your contact and banking details.
If a Client raises a dispute in relation to a Consultation then we may withhold payment with respect to the Consultation. You appoint us as your agent to resolve the dispute. We may refund the fees paid by the Client, and no amount will be payable to you.
If a client cancels a Consultation and pays a cancellation fee then we will pay to you 80%% of the cancellation fee.
Documents and information
We provide a messaging platform that allows you and the Client 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.
- not provide services to a Client outside Pearit. This includes accepting a request from a Client or provide services to a client who has been introduced to you by us, or you or the Client cancelling a Consultation partially or wholly to go outside the Pearit platform.
- 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 Client;
- keep confidential all information provided to you by a Client, except to the extent consented to by the Client.
We need some Personal Information from you so that we can provide you with the Services.
Reviews and feedback
Clients 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 a 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.
If you consider that a rating or review is unfair, not based on objective matters, or is illegal or defamatory then you must contact us without delay at https://pearit.com.au/contact. We will, in our discretion, remove the rating and or review, or let it remain publicly accessible.
We do not require Professionals to have insurance such as professional indemnity insurance except in specific circumstances. If you are required by law or have any other obligation to hold insurance then you agree and warrant that you will do so. Breach of this obligation is a material breach of these Terms.
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,
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 the Client and the Professional. If we have not yet passed on a payment to the Professional then we may withhold passing on payment (in our discretion), pending a resolution of a dispute between the Client 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.
We may provide a Client with a refund after a Consultation in some circumstances, including:
- where the Client has the benefit of a statutory warranty under the Australia Consumer Law;
- we fail to provide a Client 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
You or we may terminate these Terms on seven days written notice.
We may suspend or terminate your participation on the Pearit platform at any time.
We may terminate this Agreement and all pending Consultations for you by notice in writing if you materially breach the terms of this Agreement. Material breach includes actions which result in consultations occurring outside the Pearit platform.
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 Professional, will need to take that up with the Client.