Terms & Conditions

DEFINITIONS

“Applicable Laws” means all applicable local, national, and international laws and regulations.

“Client” is a group of individuals who engages member Professional Partners to obtain information necessary to address their general queries.

“Desxpert” means a cloud-based website and/or mobile application providing professional services of professionals.

“Desxpert Technology” means the technology and Intellectual Property used in providing the products and services offered by Desxpert, including computer software programs, connectors, websites, networks, and equipment.

“Online Consultation” Consultations to be performed through videotelephony and/or online chat services using cloud-based software platform.

“Intellectual Property” means all trade secrets, Inventions, patents and patent applications, trademarks and service marks (whether registered or unregistered and including any goodwill acquired in such marks), trade names, trade dress, copyrights, moral rights, rights in Inventions, and all other intellectual property and proprietary rights (whether registered or unregistered, any application for the foregoing, and all rights to enforce the foregoing), and all other equivalent rights that may exist anywhere in the world.

“Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. Payment method will include, but is not limited to, debit card, credit card, Gcash, GrabPay, Maya and other e-wallet services.

“Professionals” is a group of registered professionals whose services through Desxpert systems are engaged by the Users.

“Professional Services” means services including professional consulting services, to be performed for User by Desxpert’s registered professionals, as specified in the Desxpert’s Professional Services Terms and Conditions.

“Personal Information” means any information that relates to an identified or identifiable natural person or that reasonably could be used to identify that person, or other data or information defined as personal information under Applicable Law.

“User” means the person who had successfully created a Desxpert user account, or availed of Desxpert’s Services.

“User Data” means (i) any information, including Personal Information, uploaded, provided, or made accessible to Desxpert systems by the User to use the Services.

“VAT” means value-added and indirect tax defined under the National Internal Revenue Code.

The amount earmarked and eventually paid by Desxpert for the professional services rendered does not form part of Desxpert’s gross receipts for VAT purposes. Income of Desxpert website administration shall only be 10% of the total service fees paid.

1. ACCEPTING THE TERMS

1.1 In order to use the Service, you must first agree to the Terms. You may not use the Service if you do not accept the Terms.
1.2 You can accept the Terms by simply using the Service. You understand and agree that Desxpert will treat your use of the Service as acceptable of the terms from that point onwards.
1.3 You may not use the Service and may not accept the Terms if (a) You are not of legal age to form binding contract with Desxpert.

2. WHO CAN USE DESXPERT

We want our Service to be as open and inclusive as possible but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to open a User account.

2.1 You must be at least 18 years of age, or if minor, must be represented by a parent or guardian.
2.2 You must be living or residing in the Philippines as the system will be used within the Philippines only.
2.3 Your user account must not have been terminated for more than three times for violation of the Terms provided herein.

3. USER CONDUCT.

You agree not to use the Service to:
i. obtain or attempt to obtain unauthorized access to the Services or to Desxpert servers, systems, network or data.
ii. Convey threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable actions and/or statements;
iii. impersonate any person or entity; or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Service;
iv. introduce viruses or any other computer code, files, programs or content designed to interrupt, destroy, or limit the functionality of the Services or affect other users;
v. interfere with or disrupt the Services or servers, systems, or networks connected to Desxpert in any way; or,
vi. violate any applicable laws or regulations.

4. USER’S ACCOUNT

The User shall maintain the confidentiality of all usernames, passwords, access, and account information under their control. Except to the extent caused by Desxpert’s breach of the Agreement, including its obligations under the Data Privacy Act, Desxpert is not responsible for unauthorized access to the Account. The User shall contact Desxpert promptly if:
i. User reasonably believes that the Account has been compromised, including any loss, theft, or unauthorized access, use, or disclosure of Account information; or,
i.) User becomes aware of any other breach of security in relation to User’s Account information or Desxpert’s Services that may have occurred or is reasonably likely to occur.

5. YOUR LICENSE TO USE THE SERVICES

Desxpert gives you a personal, royalty-free, non-assignable, non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Desxpert, in the manner permitted by these Terms and the applicable laws.

6. PROPRIETARY RIGHTS

The Services are protected by applicable laws. The intellectual property shall belong to the Project Owner. Desxpert retains and owns all right, title, and interest in the Services, the Desxpert Technology, User Data, and all enhancements or improvements to, or derivative works of, the foregoing. Nothing in the Terms gives you a right to use the Desxpert name or any or Desxpert trademarks, logos, domain names and other distinctive brand features. All right, title, and interest in and to the Services (including the Content of Users) are and will remain the exclusive property of Desxpert and its licensors. Any feedback, comments, or suggestions you may provide regarding Desxpert, or the Services is entirely voluntary and will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

7. TERM AND TERMINATION CLAUSE

The term of the Agreement (the “Term”) begins immediately upon registration with the system.
On becoming aware of any potential violation of these Terms, Desxpert reserves the right (but shall have no obligation) to decide whether the content complies with the content requirements set out in these Terms and Conditions and may remove such Content and/or terminate a User’s access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.

8. THIRD-PARTY CONTENT CLAUSE

The Services may contain links to third-party websites, products, or services, which may be posted by our affiliates, our partners, or other users (Third-party content). Third party content is not under our control, and we are not responsible for any of their websites, products, or services. Your use of Third-party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.

9. LIMITS ON LIABILITY

We work hard to provide the best service we can and to specify clear guidelines for everyone who uses them. Our services, however, are provided “as is”, and we make no guarantees that they will always be secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not control or direct what Professionals, Clients and Users do, or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).
We cannot predict when issues might arise with our Services. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstances will we be liable to you for any lost profits, revenues, information, or data, or consequential, or special, indirect, exemplary, punitive or incidental damages arising out of or related to these Terms or Desxpert services, even if we have been advised for the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or Desxpert services will not exceed the amount you have paid us.

10. WARRANTY DISCLAIMER CLAUSE

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, WHILE DESXPERT ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT (A) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY ACCURATE.

11. NO PROFESSIONAL-CLIENT RELATIONSHIP

In agreeing to use the services under this agreement, it is understood that the Professionals are independent from Desxpert, its officers, stockholders, directors. Desxpert is not liable for any information provided by the Professional and that the User shall use reasonable means to ascertain the skills and qualifications of the Professionals. Nothing contained in this Agreement shall be construed to (1) give either party the power to direct and control the day-to-day activities of the other; (2) constitute the parties as joint venturers, co-owners or otherwise; or (3) allow the Professionals to create or assume any obligation on behalf of Desxpert, or vice versa, for any purpose. The Professional is not an employee of Desxpert and is not entitled to any employee benefits. Each party shall be responsible for paying all income taxes and other taxes due to each of them.

12. GOVERNING LAWS; JURISDICTION AND VENUE

We want you to enjoy our Services at Desxpert, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing us at inquiry@desxpert.com.

Any claims arising out of or relating to these Terms or the Services will be governed by the laws of the Philippines, without regard to any laws, treaties, or conflicts of laws principles that would apply the law of any other jurisdiction. All disputes related to these Terms or the Services will be brought solely in the courts of San Pedro City located in the Province of Laguna, Philippines; and you consent to personal jurisdiction in these courts.

13. PAYMENT DETAILS

Your User Account will continue and will automatically renew until terminated. To use the service, you must have internet access and provide us with one or more Payment Methods.

Payment method will include, but is not limited to, debit card, credit card, Gcash, GrabPay, Maya or any other e-wallet payments.

User shall pay all fees specified before availing of the professional services. User will be invoiced based on the schedule of fees provided. (i) Fees are quoted and payable in Philippine currency; and (ii) payment obligations are non-cancelable and fees paid are non-refundable.

User is responsible for any applicable value-added, or similar taxes payable with respect to User’s availed Services assessable by any local or national jurisdiction. The amount earmarked and eventually paid by Desxpert for the professional services does not form part of Desxpert’s gross receipts for VAT purposes. Income of Desxpert website administration shall only be 10% of the total professional fees paid.

The Professionals agree that they shall pay the website administration fee above mentioned. The net professional fee shall be deposited to their nominated bank or e-wallet account.

In addition to the professional fee, a convenience fee per transaction, which is payable to a third-party provider, Paymongo, will be due to the User. The fee paid to Paymongo does not form part of Desxpert’s gross receipts. To view Paymongo pricing, please click here.

Breakdown of fees shall be shown in the payment page and the continued use of Desxpert Services signifies consent on the part of the User.

14. CONTACT US

Desxpert welcomes comments, questions, concerns or suggestions. You can contact us or get support by sending an email to inquiry@desxpert.com.

The company responsible for the Services is called Cogito Solutions, Inc. and is located in San Pedro City, Philippines.