Sesami

Terms & Conditions

1. INTRODUCTION

SESAMI is a online platform designed to connect clients to experts.

“Clients” means a user who has purchased a service from an Expert on the Platform

“Expert” means a person over the age of 18, who provides a service on the Platform

 

2. SESAMI TERMS OF USE

2.1  Conditions of use

Use of the Site is primarily for accessing services, voice-call and video-call technology needs you may have. Use of the Site in any other way, including in contravention of any restrictions on use set out in this policy, is not permitted. If you do not agree with the terms of this policy, you may not use the Site.

You agree that you are solely responsible for:

  • all costs and expenses you may incur in relation to your use of the Site; and
  • keeping your password and other account details confidential

If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.

We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at [support@sesami.co] and/or use the website accessibility tools available at [www.sesami.co/contact].

We may prevent or suspend your access to the Site if you do not comply with any part of our terms or any applicable law.

  1. Standards of accuracy, decency and lawfulness:

As a condition of your use of the Site, you agree:

  • not to use the Site for any purpose that is unlawful under any applicable law or prohibited by terms and conditions of use;
  • not to use the Site to commit any act of fraud;
  • not to use the Site to distribute viruses or malware or other similar harmful software code
  • not to use the Site for purposes of promoting unsolicited advertising or sending spam;
  • not to use the Site to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
  • not to use the Site in any manner that disrupts the operation of our Site or business or the website or business of any other entity;
  • not to use the Site in any manner that harms minors;
  • not to promote any unlawful activity;
  • not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
  • not to use the Site to gain unauthorised access to or use of computers, data, systems, accounts or networks;
  • not to attempt to circumvent password or user authentication methods; and
  • to comply with the provisions relating to our intellectual property rights and software.
  • To safeguard information, you receive from service Experts.
  1. Variations to terms and acceptance thereof

SESAMI reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations

  1. Accessing the site

Access to our website is permitted on a temporary basis and we reserve the right to withdraw or amend the service without notice. You are responsible for making all arrangements necessary to access this website. You are also responsible for ensuring that all persons accessing our website through your internet connection are aware of these Terms and Conditions.

  1. Legitimacy of information available on the Site

In some instances Experts are asked to be vetted by SESAMI and this may include validating qualifications, insurance and VAT information, Licensing and membership of accreditation bodies.  SESAMI will include validated information in Expert Profiles but accuracy of all other information will be the responsibility of each Expert and is not guaranteed by SESAMI to be accurate.

 

3. ACCOUNT REGISTRATION

Registration is required by each Client and Expert which enables full accessibility to all areas of the platform.

4. SITE FEATURES:

Access to the Site are controlled by username and password and other social networking API’s.

4.1. Site Features:

4.a.i. Register as a Client;

4.a.ii. Request a session with an Expert;

4.a.iii. Complete or confirm your payment details;

4.a.iv. Send your request; Payment captured/locked at the time of booking

4.a.v. Receive session confirmation by Expert;

4.a.vi. Attend the session at the designated date and time;

4.a.vii. Payment taken/transferred automatically after session completed and invoice emailed directly to users registered email address.

4.2 GUIDELINES FOR USE

SESAMI is not a legal body and is not able to offer legal advice, opinions, recommendations, referrals or counselling. 

4.2.1 Experts providing services must:

  • Comply with applicable law in any country in which it is posted.
  • Adhere to our flagging of non-conforming content

4.2.2 We cannot guarantee the quality or competence of any Expert registered on SESAMI and we are not liable to the actions of any Expert working with you.  Whilst we implement vetting procedures and act as a mediator for any disputes, you accept that SESAMI cannot guarantee the outcome of any services undertaken on this site.

4.3  ADHERANCE TO OUR TERMS & CONDITIONS

Clients and Experts must ensure the site is not used for any purposes which may be indirectly used illegally or used in any way contrary to SESAMI’s Terms and Conditions. This includes responsibility for information sourced through SESAMI being passed on to a Third Party.

Experts of Services must not:

  • contain any material which is obscene or offensive
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right or trade mark of any other person;
  • contain misleading or deceptive statements or omissions or misrepresent Your identity or affiliation with any person;
  • falsely represent your skills, experience or abilities;
  • contain any unsolicited or unauthorised advertising, promotional SESAMI materials, junk mail, spam, chain letters, pyramid schemes or other forms of solicitation or advertisement commercial or otherwise;
  • be made in breach of any legal duty owed to a third party such as a contractual duty or a duty of confidence;
  • be likely to harass any other person;
  • be likely to disrupt our service in any way;
  • give the impression that they emanate from us where this is not the case; and
  • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Unless commonly accepted facts, every piece of information and/or opinion must be evidenced/providence/referenced/backed up.

 

5. FORMING A CONTRACT BY ENGAGING A EXPERT

5.1  Selecting the Service

5.2  Payment

5.3  Communication via SESAMI

5.4  Timescales

5.5  Reviews

Users and Experts are expected to conduct themselves in a professional capacity whilst using the site.  This includes refraining from all defamatory remarks and communicating clearly with SESAMI and other users and giving us fair opportunity to rectify and remedy any concerns and issues which you may raise with us.

 

6. LEARNER PROFILES

6.1  Clients

 If Clients wish to buy a set service or hire an Expert, they will be required to register and create a profile on SESAMI.   Client information including name, age, picture and location will be passed to the Expert who has been booked to enable them to carry out the purchased service.

6.2  Expert listings

Information given on each Experts profile will be searchable on SESAMI as well as other third party sites such as Twitter, YouTube, Instagram, Google+ and Facebook. 

We reserve the right to ask Experts for documents at any time to confirm that a valid account has been registered and that genuine information has been provided to us. This can be done as part of account spot checks or where we feel it is required help reduce the risk of fraudulent activity on our Platform. If the information for name/address verification provided does not match what is registered and held on the account, then you acknowledge that the account will be terminated.

Dormant Accounts: In order to minimize our administration overhead, we reserve the right to terminate dormant accounts.

 

7. PROFESSIONAL STANDARDS / QUALITY

While professional association membership is not a requirement for SESAMI Expert registration, Experts who state membership association may have their status checked with each register.  Other checks may include VAT registration, Companies House information as well as all legal licensing requirement checks.  All Identification will be verified and must be provided upon request.

 

8. WORKING WITH CHILDREN / VUNERABLE ADULTS

SESAMI  has a legal duty when registering Experts on the site, providing services in regulated activity with children or vulnerable adults, to check whether they are on the relevant children’s or adults’ barred list.  This includes checks carried out through the Disclosure and Barring Service (DBS). 

All Experts agree that where required, they will have been vetted in line with the legal requirements as set out herein and will have the requisite background checks (e.g. DBS) in place as well as provide evidence on their profile in the form of a DBS certificate at time of registration, prior to accepting any bookings.  Failure to adhere to this clause may result in SESAMI notifying the relevant government agencies as well as lodging formal legal action against you. 

 

9. SECURITY OF DATA

9.1 Experts agree to ensure the security of their data and the protection of their Clients privacy.

Experts must have security measures in place to prevent any unauthorised or unlawful access, disclosure, loss, destruction or damage to information held. 

9.2 Clients agree to keep data they obtain secure and to be responsible for any data they obtain via SESAMI. This includes being responsible for the data when shared with other third parties. You must ensure that the data will not be used for illegal activities or to cause physical or emotional harm either by yourself or by any third parties.

 

10. SESAMI FEES

SESAMI Charges Experts 9% commission on each completed session booked via the platform.  No further charges are payable by Clients.

 

11. TAXES AND COSTS

Expert responsibilities

It is each Experts responsibility to ensure all taxes and charges are paid in line with their country’s requirements.  This includes:

  1. HMRC Taxes and Charges
  2. All Bank charges including all Foreign exchange charges
  3. Agreed Expense costs
  4. Any other costs as deemed appropriate by SESAMI

 

12. NON COMPLIANCE

SESAMI reserves the right to cancel registration or refuse access to the site. We shall not be liable for any loss or damages whatsoever arising from a Clients inability to access any pages or features on the site.  SESAMI further reserves the right to ban Learners IP address if the user abuses our site features.

 

13. ELIGIBILITY

Appropriate use

  1. Age restrictions

You cannot log into or participate on our website if you’re under the age of 18 without parental consent.

12.2 Accessing restrictions

Experts must be at least 18 years of age or older to use SESAMI. 

One Client may only operate one account. 

You must provide current and accurate information (for example correct name and correct address) upon registration for the Platform.

By agreeing to our terms and using the site you acknowledge that any breach of these terms will result in any accounts involved being banned automatically.

 

14. DISPUTES

Clients and Experts are encouraged to try and resolve any disagreements between themselves. However, should that not be possible SESAMI can provide Dispute resolution.

14.1 SESAMI dispute resolution process is as follows:

  1. Expert and Client directly

A Dispute can be raised by the Client if they do not believe that the Expert has fulfilled their contract. This may include poor quality of work or where all parts of the work have not been completed.

  1. Either Expert or Client to SESAMI

If a resolution cannot be mutually agreed between both parties within seven (7) days, including if either party are uncontactable during this period, SESAMI retains the rights to assess session viability within 3days of session date.

  1. SESAMI decision

In the event of having to make a resolution decision, SESAMI will use only the communication in the User Dashboard as sole evidence, and consider:

a)     if both parties are acting in good faith and have tried to resolve the issue between themselves before contacting us, including at least a second attempt made between both parties to complete or rectify the problem;

b)    for Disputes concerning the quality of the work delivered: SESAMI will consider whether the Expert has met general quality standards

d) if the Client and Expert have complied with these terms and conditions.

In the event of having to make a resolution decision on behalf of the parties, SESAMI will email the decision to both parties within 3 (3) days of the Dispute being raised. The disputed funds shall be dealt with in accordance with the resolution decision. Our involvement with the Dispute ends once the resolution in relation to the Dispute has been sent.

e)  In the case a dispute is raised by an Expert, SESAMI will investigate the dispute and verify further action with 7 working days.

14.2 External Arbitration

Under the terms of the Consumer Contracts Regulations Act 2015 and the Arbitration Act of 1996, if a Client and or Expert are not happy with the SESAMI final decision on a dispute, each party may refer to an external arbitrator at their sole discretion.        

   

15. REFUNDS

15.1 Multiple refunds attributed to a Client may lead to temporary and/ or permanent restrictions on their account depending upon the severity and upon the reasons.  Where the Expert is at fault for the refund (for example, due to no response, poor quality of work or they have cancelled the Job), it may negatively impact their Expert status and rankings;

15.2 SESAMI will process approved (or non-actioned) refund requests back to the Clients SESAMI Account subject to a review of the refund reason and circumstances to ensure that both parties have complied with these terms and conditions, within three (3) business days and that the purpose of the refund is not to avoid any of the parties’ obligations under these terms and conditions.

15.3 If SESAMI reasonably believes that the parties have not complied with these terms and conditions or are seeking to avoid any such obligations SESAMI shall not be obliged to make the refund.

 

16. INDEMNITY

To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this Website. In particular, we do not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. You must take Your own precautions in this respect.

We shall not be liable, under these Terms and Conditions for any indirect, special, incidental or consequential damages or otherwise, even if advised of the possibility of such damages.

We shall not be liable for any loss caused as a result of Your actions or inactions based on the Materials available on this Website. However, in accordance with these Terms and Conditions, nothing shall affect Your statutory rights, and nothing in these Terms and Conditions shall exclude our liability for:

  • death or personal injury arising through negligence
  • fraudulent misrepresentation; and/or
  • anything else that cannot be excluded or limited by us under English Law.

You agree to compensate us and our respective directors, officers, employees, and applicable third parties in full from and against all third party claims, liabilities, losses and expenses (including reasonable legal fees) suffered by such persons arising out of, or related to or which may arise from Your Content and/or any breach by You of any term of these Terms and Conditions. 

 

17. CONFIDENTIALITY

Each party undertakes that it shall keep any information that it has or acquires that is confidential in nature concerning the other party including, without limitation, its business, affairs, Client, suppliers, plans or strategy and that it shall not use or disclose the other party's Confidential Information to any person, except as permitted by clauses following:

A party may:

  1. disclose any Confidential Information to any of its employees, officers, representatives or advisers (Representatives) who need to know the relevant Confidential Information for the purposes of the performance of any obligations under this agreement, provided that such party must ensure that each of its Representative to whom Confidential Information is disclosed is aware of its confidential nature and agrees to comply with this clause as if it were a party;
  2. disclose any Confidential Information as may be required by law, any court, any governmental, regulatory or supervisory authority (including, without limitation, any securities exchange) or any other authority of competent jurisdiction to be disclosed; and
  3. uses Confidential Information only to perform any obligations under this agreement.

This clause [18] will bind the parties during the term of this agreement and for a period of two years following termination of this agreement.

 

18. GOVERNING LAW & JURISDICTION

The validity, construction and performance of this Agreement, and any claim, dispute or matter arising under or in connection with it or its enforceability, will be governed by and construed in accordance with the law of England. Each party irrevocably submits to the jurisdiction of the courts of England over any claim, dispute or matter arising under or in connection with this Agreement or its enforceability or the legal relationships established by this Agreement.