GENERAL TERMS AND CONDITIONS

1.

This Agreement is between BumperBrain Technologies (‘we’ or ‘us’) and you (‘you’ or ‘yourself’). We will provide services to you through this web site subject to the terms of this Agreement.

2.

This Agreement and the use of this web site are governed by English law and you and we hereby submit to the exclusive jurisdiction of the courts of England.

3.

We have a firm commitment to your privacy, as can be seen from our PRIVACY STATEMENT, which sets out our practices about collecting and using data. By giving us data about yourself, you agree we can use your data as set out in our PRIVACY STATEMENT.

4.

We provide a platform to allow you to communicate with other people, but we do not control or monitor any information posted on this website. We are therefore not liable for any loss caused to you, whether direct, indirect, consequential or howsoever and you should not rely on any information on this website to make any decision, without taking specific advice.

5.

We are not responsible if any material on this web site is inappropriate or offensive. We are not responsible for the contents of any sites which are linked to by this web site. We accept no responsibility whatsoever for any content and services offered or for any other information on the web site. Nor are we liable for any alleged defamation from material on the web site.

6.

We are not responsible if your computer becomes infected with a virus or is otherwise compromised as a result of your use of this web site.

7.

You may use files downloaded from this web site for your own purposes, but you may not sell them or share them with any third party.

8.

You agree not to use the web site:

1. to transmit any offensive or inappropriate material;
2. to post any defamatory or libellous comments;
3. to breach any laws or content requirements of any relevant authority;
4. to post any unauthorised advertising, promotion or solicitation;
5. to contact any other member on any matter not related to the business of the web site;
6. to obtain unauthorised access to any other system or network;
7. to compromise the security or integrity of any system or network, by placing any viruses or other similar programmes on the web site.

9.

If you close your account, we will repay all moneys on your account. If your account remains open, we will, if asked, repay you the moneys standing on it, subject to a minimum payment of £10.

10.

You agree not to create more than one account with us, unless you have first received from us written confirmation that you may do so.

11.

We reserve the right to change these terms in future. Your rights and duties will be governed by the terms in force at the time you use the web site.

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TERMS AND CONDITIONS RELATING TO ASKING A QUESTION

12.

We provide a platform to allow your questions to be answered by experts, but we do not check the answers before you receive them. We do not check the experts' skills, nor do we check that they have the qualifications they claim. We are therefore not responsible if the answers are inaccurate and you should not rely on these answers to make any decision, without taking specific advice. We expressly exclude any representation or warranty to the fullest extent possible and are not liable for any loss caused to you, whether direct, indirect, consequential or howsoever.

13.

We have the right to remove any question on the web site, although we do not actively monitor questions.

14.

We do not guarantee that you will get an answer to your question.

15.

We do not guarantee that your question will expire at the date and time that you requested.

16.

We do not charge you directly for the answers you receive; we take a commission from what you pay the expert.

17.

You grant us and our successors a perpetual, worldwide, non-exclusive right and license to use your questions in the BumperBrain Library of Questions (see the help text on the web site).

18.

Copyright in an answer to a question is owned by the expert that provided the answer. You may use an answer for your own purposes but may not re-sell it.

19.

Any answer you receive has a limited shelf life, which will be 6 months unless otherwise stated.

20.

We do not guarantee that an answer you receive to your question will continue to be available on the system beyond the time that you received it. You must therefore make a personal copy of any answer that you wish to refer to again in the future.

21.

We do not guarantee that a document or solution you download will continue to be available beyond the time that you downloaded it. You must therefore make a personal copy of any document or solution that you wish to refer to again in the future.

22.

If there is a dispute between you and an expert, our word is final as to whether the expert is paid.

23.

You confirm that we are entitled to collect payment for answers to your questions, as set out in the help text on the web site. You cannot view an answer until you have paid. If you owe an expert money and you have a credit balance on your account, we are entitled to deduct the amount you owe from that credit balance.

24.

If you are reviewing and choosing between all of the answers submitted to your question, you agree that within 3 months of asking your question you will accept one of the answers submitted. If you do not do so, we reserve the right to split the fee between all of the experts that submitted an answer.

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TERMS AND CONDITIONS RELATING TO BECOMING AN EXPERT

25.

We do not guarantee you will be paid for your answer; for example, another answer may be given sooner or we may not be paid by the inquisitor. You will normally be paid 14 days after we have been paid by the inquisitor, to allow for disputes. In the case of disputes, our word is final as to whether you are paid.

26.

We have the right to remove any answer, document or solution on the web site, although we do not actively monitor answers, documents or solutions.

27.

You accept the rating procedure set out in the web site and agree not to sue for defamation if an unfavourable rating is made about you.

28.

In becoming an expert you agree that we can deduct commission as set out in the web site. You agree to pay commission on any moneys you receive through contacts made because of this web site, whether or not they are made in the normal way through the web site.

29.

We take a commission on payments owed to you; we take no commission if you are not paid. Details of the current commission rates are posted in the "Our Commission Schedule" help page.

30.

We do not guarantee that your answer will expire at the date and time that you requested.

31.

You are liable for any loss caused by a wrong answer, although we exclude liability as against inquisitors.

32.

You own the copyright in any answer you provide to an inquisitor. You grant us and our successors a perpetual, worldwide, non-exclusive right and license to use your answers, documents and solutions in the BumperBrain Library of Questions and the BumperBrain Document Library (see the help text on the web site).

33.

You confirm to us that all answers you provide are correct to the best of your knowledge and belief, and are given in good faith. You also confirm that all answers are not in breach of copyright or other intellectual property rights belonging to any other person. If you do breach this term, you hereby agree to give us an indemnity against any claims made against us by a third party.

34.

We rely on you to give us accurate details of your expertise, skills and qualifications; if you do not do so, we reserve the right to suspend you as an expert and to return payment to the inquisitor.

35.

You are liable to pay any tax due on any payment received by you. You hereby give us an indemnity in case any claim for tax is made against us in respect of a payment made to you.

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TERMS AND CONDITIONS RELATING TO LIVE CONSULTATIONS

36.

We provide a platform to allow you to participate in a live consultation, but we do not control or monitor the live consultation. We are therefore not liable for any loss caused by your participation in a live consultation, whether direct, indirect, consequential or howsoever.

37.

You will use third-party software to participate in a live consultation. We do not support and are not responsible for that software, nor are we liable for any loss or damage caused by it, even if that software is run because of ActiveX controls or other media embedded in this web site.

38.

We are not responsible if either participant fails to join a live consultation at the agreed time, nor are we liable for any loss caused by their failure to join a live consultation.

39.

You agree not to use a live consultation to:

1. transmit any offensive or inappropriate material;
2. make any defamatory or libellous comments;
3. breach any laws or content requirements of any relevant authority;
4. compromise the security or integrity of any system or network;
5. place any viruses or other similar programmes on any computer system.

40.

We have the right to reject any proposed live consultation, although we do not actively monitor the scheduling of live consultations.

41.

We do not guarantee that you will be able to participate in a live consultation.

42.

We do not guarantee that live consultations will be secure, whether or not you have requested a secure live consultation and whether or not the web site says that a live consultation is secure.

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