PLEASE READ OUR TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE OUR SITE.

These terms and conditions regulate the legal relationship between you and us. By using our Website in any way, or by becoming the Member, you agree to be bound by them.

We are: CP Online Media Limited (hereinafter referred as "we" / "us" / "our"), a company incorporated in Scotland under registration number [359317] with its registered office at 9 Hurley Court, 57 Castelbar Road, Ealing, London W52DG, United Kingdom.

You are: visitor to our Website / a Member.

Background

1. We run www.OaBell.com as a premier venue for on-line professional consulting service. www.OaBell.com provides the Expert an infrastructure solely for use as a venue where he may present his expertise and sell advice or services to the interested Clients and provides a platform for the Member to locate an expert and ask for advice or services.

2. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

Following are the terms of use of this Website

1. Definitions

In this agreement words have following meanings unless the context requires otherwise:

"Client(s)" means a Member who has agreed to avail the services of an Expert.

"Content(s)" means the information other material on the Website. It also includes posting of comments about the Content.

"Expert(s)" means a person who has registered with the Website to offer its services to the Clients.

"Member(s)" means any person who has registered to the Website either as a Client or as an Expert.

"Visitor(s)" means a visitor to the website who is neither a Member nor an Expert.

"Website" means www.oabell.com and includes the entire computing hardware and software that is or supports our Website.

2. Your Acceptance

2.1. You now understand and acknowledge that by completing the registration process you are entering into an agreement with us and that you accept these terms and conditions. If you do not agree to any of these terms, please do not use the Website.

2.2. These terms apply (so far as it may be relevant) not only to Members but to all visitors to the Website. If you visit the Website you are deemed to have accepted these terms and conditions.

2.3. These terms do not govern the contractual relationship between us and any business partner, advertiser or affiliate, other than in his/ her capacity as a Website visitor or Member.

3. Change to the terms and conditions

3.1. We reserve the right to:

3.1.1. change these terms or any part of them;

3.1.2. change the appearance and design of the Website, including removing or discontinuing any Content or feature of the Website; or

3.1.3. impose fees, charges or other conditions for use of the Website or parts thereof;

3.2. Although we will use our best efforts to notify you when major changes are made to these terms, this is your responsibility to review the Website frequently to see recent changes. Notice to any such change, amendment, or addition shall be sufficient if a reference to the fact that a change having been made is posted on the Website for a period of at least seven days. You shall be deemed to have consented for such changes after the expiry of seven days from such change on the Website.

4. Undertakings by the Members

4.1. If you happen to be an Expert:

4.1.1. You agree that you are an independent contractor, and nothing in these terms create any partnership, joint venture, agency, franchise, or employment relationship between you and us;

4.1.2. We will provide you with a virtual office and tools that will enable negotiating, communicating and billing the Clients for services provided by you;

4.1.3. We make no representation or warranty whatsoever as to the willingness or ability of Clients to pay you for an advice given by you;

4.1.4. To be an Expert on the Website you require to have at least three years of continuous experience in concerned field in addition to other qualifications as may be set out by us from time to time;

4.1.5. We ask you to verify the details and credit-worthiness of those Clients to whom you give advice or contemplate to give advice;

4.1.6. You will not misrepresent yourself or create a misleading name or listing;

4.1.7. 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 unless you are a licensed professional in the relevant field of expertise and abides by all relevant laws, rules and regulations, without limitation, rules of ethics and professional responsibility;

4.1.8. You will manage third party chat module submitted by you;

4.1.9. We reserve the right to display advertisements with your profile on the Website.

4.2. If you happen to be a Clients:

4.2.1. We can not assure an Expert's willingness or ability to give advice or the advice given will be satisfactory or suitable to your needs;

4.2.2. Your relationship with the Expert is strictly with the Expert at your own risk, if you choose to interact with any mental or medical health professional, physician, attorney or other professional Expert on the Website. We are no way involved with the substance and advice or information given, and we do not validate the information or advice given by such Expert;

4.2.3. You will not assign your rights and obligations under these terms, in whole or in part, without our prior written consent. Any purported assignment by you without the appropriate prior written approval will be null and void and of no force or effect;

4.2.4. You should not solely rely on advice provided by any Expert, specially, but not limited to, the medical health professionals or physicians experts on the Website;

4.2.5. You acknowledge that Experts are not our employees or agents and we assume no responsibility for any act or omission of any such Expert. You understand and agree that, although a mental or medical health professional, physician, attorney or other professional Experts may have been accessed through the Website, we cannot predict or assess the competence of, or appropriateness for your needs, of the professional or other Expert.

4.2.6. You also take full responsibility for the decision to access a mental health professional, physician, attorney or other Expert through the Website and to continue to interact with any such Expert, and that our role is strictly limited to providing access to such professionals and other Experts and their services for your consideration;

4.2.7. You should independently verify the qualifications, experience and credentials of any Expert engaged by you.

5. Communication

The consultation session is delivered via VOIP (e.g skype). We also provide messaging system where the Expert and the Client can send private message to each other. Experts can submit third party chat module which we may display on the Experts profile page. We accept Skype Public Chat Widget, Google Talk Widget, Skype Prime Snippets and Shoutbox Chat Module.

6. Price and Payment

6.1. General

6.1.1. The Price for the online consulting session is determined entirely by the Expert;

6.1.2. At the point of payment we will deduct a processing and management fee from the total amount. The rates are shown below.
For currency: USD, AUD, CAD, GBP and EUR
Commission = 14%
Fixed charge = 0.9

For currency: JPY
Commission = 14%
Fixed charge = 100

6.1.3. Inclusion of taxes in the fee is the responsibility of the Expert;

6.1.4. We set the limit of session fee. For currency: USD, AUD, CAD, GBP and EUR
Maximum Fee = 201
Minimum Fee = 2

For currency: JPY
Maximum Fee = 20001
Minimum Fee = 300

6.1.5. All prices must be in one of these currencies: USD, AUD, CAD, EUR, GBP, JPY;

6.1.6. The payments will be made to our PayPal business account. OaBell is not responsible for any problems in financial transactions occurring at PayPal website. Paypal is not linked with OaBell in any way other than as a payment gateway.

6.2. For Experts:

6.2.1. You can make money by a number of methods. This includes but is not limited to selling your expert advise session for a fee. You will have full control on deciding the session duration;

6.2.2. We allow you to submit advertisement from third party advertisement agencies. If you want to include advertisement on your profile, you need to register with the agency and give us the webcode of the advertisement module. If we approve the webcode it will be added to your profile. All the revenue generated from this module belongs to you and management of the advertisement module is your responsibility;

6.2.3. You need to pay transaction fee which PayPal charges, even in case of Clients session fee. Any transaction charges charged by the payment gateway shall be payable by you.

6.3. For Clients:

You are obligated to report to us in case you were billed directly by an Expert. Such report should include a description of service that was rendered by the Expert and the price charged. You also have the responsibility to flag and report to OaBell any suspicious activity including but not limited to inappropriate videos posted by the Expert.

7. Acceptable use Policy

7.1. General

7.1.1. You will not interfere with or disrupt the Website or servers or networks connected to the Website;

7.1.2. You will not attempt to gain unauthorised access to other computer systems or networks connected to the Website, and will not transmit "junk mail", or any unsolicited mass distribution of email or bulletin board postings;

7.1.3. You will not transmit through the Website any unlawful, harassing, libellous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind;

7.1.4. You will not disobey or breach these terms or any other applicable instruction conveyed by us or our officers;

7.1.5. You will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;

7.1.6. You will not upload, post, e-mail, transmit or otherwise make available any information or material that infringes a third party right, especially copyright or other intellectual property rights;

7.1.7. you will not upload, post, e-mail, transmit or otherwise make available software virus, torjan horses, worms or any other malicious application;

7.1.8. You will not impersonate any person or entity, or make any false statement regarding his employment, agency or affiliation with any person or entity;

7.1.9. You will not take any action which may undermine, disrupt or manipulate the integrity of the Member's feedback(rating) system on the Website;

7.1.10. You will not stalk, threaten or harass other Members or invade or attempt to invade their privacy;

7.1.11. You agree that any information or Content you post or transmit through the Website will not be considered confidential. You grant us an unlimited, irrevocable, royalty free license to use, reproduce, display, edit, copy, transmit, publicly perform, create derivative works communicate to public any such information and content on a world wide basis;

7.1.12. You will not upload, post e-mail, transmit or otherwise make available any information or material which may constitute or encourage conduct that is criminal offence or civil wrong or otherwise violates any applicable law.

7.2. For Expert

7.2.1. You will be solely responsible for the service you give to the Client and verification and handling of their identity and other information delivered to you by the Clients;

7.2.2. We are not involved in any transactions between you and the Client. We have no control over the accuracy of any posting on the Website or transmission through it by Clients. In addition we will make no effort to verify the identity of any of the Clients;

7.2.3. You will not mislead Clients to believe that you can provide a service which is outside your field of expertise;

7.2.4. All interaction with Client and you will be billed through us regardless whether the interaction is online or offline;

7.2.5. Exchange of contact information between you and Client is strictly prohibited (or any other information which permits you and Client to make contact other than via the platform provided by us), and constitutes the material breach of these terms. All communication between you and Client must be carried out via platform provided by us. Every person who contacts you via us (whether by voice, chat, email or other medium) will be considered to be a Client;

7.2.6. You will not disclose any information that was provided to you by a Client and you will use your best efforts to guard Clients privacy.

7.3. For Clients

7.3.1. You will have the sole responsibility to verify the Expert's identity, qualifications, credentials, biographic information, license held, and other information delivered to you by an Expert;

7.3.2. We enable the transfer of files between you and an Expert. When opening such file attachments received from Expert, it is your responsibility to scan them with an anti-virus software application prior to opening them.

8. Cookies and third party website link

8.1. We make use of cookies to store information. A cookie is a piece of data stored on your hard drive containing information about you. For instance, by accepting a cookie by us, you will not have to enter your login information (email and password) every time you log into your account, thereby saving time while on the Website. If you reject the cookie, you can still use the Website; you will simply have to login every time you visit the Website. Cookies can also be used to enable us to track and target your interest in order to enhance your experience on the Website. If you share your computer with others, others may be able, with certain browsers or under certain circumstances, to read your communication with Experts and us.

8.2. The Website can contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or appropriateness of any Content, advertising, products, services, or information located on or through any other Websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such Content. All trademarks, service marks, and logos used on the Website are the trademarks, service marks, or logos of their respective owners;

9. Information you give us

You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with our services.

10. Return Policy

After the consultation has taken place, the Client must authorise the release of fund to the Expert by clicking the fund release link on the Website. If there is any complaint, the Client must send their complaint to our customer service (customercare@oabell.com) within 60 hours from the day the consultation took place. When complaint is received, we will contact the Expert to ask for explanation about the complaints. We will ultimately decide if there should be a refund to the Client. In the case where the Client forgot to release fund to the Expert after the consultation, we may, at our sole discretion, release the fund automatically to the Expert after 60 hours. Any complaint received from the Client after 60, will have no effect and no refund will be given in this regard.

11. Disclaimers

11.1. We give no warranty, express or implied, as to the truth of any information given on the Website;

11.2. Much of the material provided on the Website is submitted (and thereby published) by Members. We are under no obligation to vet, check or approve any such material. We disclaim all responsibility for such material;

11.3. we take no responsibility for the wrongful use of any information published on the Website by any person;

11.4. In no event shall We or any Content suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use of the website or the Content available from this Website;

11.5. These disclaimers form an essential part of these terms. Each sub paragraph in these terms is independent and severable from each other paragraph and enforceable accordingly. If any restriction is unenforceable for any reason but would be enforceable if part of the wording were deleted, it will apply with such minimal deletions as may be necessary to make it valid and enforceable.

12. Account Termination policy

12.1. You understand and agree that we retain the right, at our sole discretion, to terminate any and all part of the services provides to you, without refunding to you any fees paid, under appropriate circumstances and without prior notice to you, terminate your access to and use of the Website if, you are determined to be a repeat infringer. Cause for such termination shall include, but not be limited to:

12.1.1. breaches or violations of these terms and conditions or other instructions as may be issued by us;

12.1.2. requests by law enforcement or other government or regulatory authorities;

12.1.3. violators of third party copyrights or other intellectual property, such as, but not limited to, pornography, obscene or defamatory material, hate or inciting violence or;

12.1.4. found manipulating viewing results.

12.2. If we determine that you have failed to comply with any of these terms, we shall, if and when we deem it appropriate:

12.2.1. facilitate criminal prosecution against you by referring your illegal activity to the appropriate legal authorities, and

12.2.2. bring a civil action against you, when you will be liable to us for any direct, indirect, special, incidental, or consequential damages incurred by us as a result of your illegal or other prohibited activity.

13. Trademark and Intellectual Property

13.1. Title, ownership rights, and intellectual property rights in all Content and material that is part of, contained in, or accessed through the Website or services, and provided by either us or any other Content provider shall remain the sole property of us or such Content provider, as the case may be. You acknowledge and agree that certain celebrity, products, services or business names contained in the Website may represent protected trademarks and service marks. Such Content and materials are protected by the copyrights, trademark, service mark and patent laws and treaties of all countries;

13.2. We respect the intellectual property of others, and you are also bound to do the same. We may, in appropriate circumstances and at our discretion, terminate the account or access of the Website and our services to any Member who infringes the intellectual property rights of others.

14. System Security

14.1. You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of the Website;

14.2. You agree that you will, in no way, modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the Website, or any software used on the Website, and that you will not permit any other person to do so;

14.3. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution;

14.4. Examples of violations are:

14.4.1. accessing data unlawfully or without consent;

14.4.2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;

14.4.3. taking any action in order to obtain services to which you are not entitled.

15. Indemnity

You agree to defend, indemnify and hold harmless us, our parent corporation, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising directly or indirectly from:

15.1. your failure to comply with the law of any country;

15.2. the posting by you of any Content on the Website;

15.3. your violation of any third party right, including without limitation any copyright, property, or privacy right;

15.4. the posting by any third party with or without your knowledge of any material on your website;

15.5. any use of the Website for a purpose forbidden by these terms;

15.6. your violation of any of these terms;

15.7. any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.

16. Limitation of Liability

16.1. In no event shall we, our officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:

16.1.1. errors, mistakes, or inaccuracies of content,

16.1.2. any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,

16.1.3. any interruption or cessation of transmission to or from our site,

16.1.4. any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party, and/or

16.1.5. any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any Content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

16.2. You specifically acknowledge that we shall not be liable for the Content that may be defamatory, offensive, or illegal conduct of any Member or third party and that the risk of harm or damage from the foregoing rests entirely with you.

16.3. You further agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period.

17. Contractual Limitation

Where we provide service without specific charge, then it is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such service.

18. Notice

Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail, return receipt requested, or electronic mail. The date of sending shall be deemed the date on which such notice is given.

19. Severability

If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

20. Dispute Resolution

In the event of a dispute arising out of or in connection with the terms of this Agreement between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

21. Relationship of parties

Nothing in this agreement shall create a partnership, joint venture or agency or the relationship of employer and employee.

22. Governing law

These terms shall be governed by and construed in accordance with the law of England and the parties agree to the exclusive jurisdiction of English courts.



"I have read and understood these terms and conditions, and I agree to abide by them. If I am under the age of 18 years, I confirm that I have brought the terms and conditions to the notice of my parent or guardian, and that person have agreed that I may join."