123.EXPERT Platform and Website Terms of Use

Welcome to 123.EXPERT

Please read our terms of use carefully before accessing or using the 123.EXPERT platform.

123.EXPERT is a copyrighted work being a website based platform (the “Platform”) provided, belonging to and maintained by 123.EXPERT PTY LTD (ABN 11 618 768 648, ACN 618 768 648), trading as 123.EXPERT. 123.EXPERT is a web based platform facilitating the locating and engaging of independent self-employed freelance consultants or the sourcing of organisations seeking to engage independent self-employed freelance consultants.

The usage of 123.EXPERT is subject to the following terms of use (the “Terms of Use”) which govern your relationship with 123.EXPERT as well as your access to or usage of the 123.EXPERT platform, associated websites or platforms and the services or products provided via 123.EXPERT. These Terms of Use (together with the documents referred to in it) inform you of the legally binding terms and conditions under which you may make use of the 123.EXPERT, as a guest, registered user or in any other capacity. Use of 123.EXPERT includes browsing, accessing, registering or any other usage of the 123.EXPERT platform.

For the purposes of the 123.EXPERT Terms of Use and the 123.EXPERT Privacy Policy or in any other 123.EXPERT platform new or amended terms and conditions a:

  • The 123.EXPERT platform or 123.EXPERT PTY LTD may be referred to as “Company” or “our” or “we” and “us” and shall be construed accordingly.
  • ‘you’ means (in most cases) an individual accessing or utilising the 123.EXPERT platform.
  • ‘Project’ means a project, work, task, assignment, job, deliverable, requirement for services by a 123.EXPERT Client published to the 123.EXPERT platform by way of posting, uploading or by way of the publishing of the Project by 123.EXPERT staff or associates to the 123.EXPERT platform, for an Expert to complete, satisfy or fulfill in part or in whole.
  • ‘Expert’ refers to a user of the 123.EXPERT platform who is a provider of services which other users of the 123.EXPERT platform may require from time to time. ‘Expert’ does not imply that the user posses any; expertise, experience, skill, ability, competence, qualification or certification of any kind. ‘Experts’ are independent self-employed consultants who hold a current; company, taxation, gst, abn, acn, vat or other government regulated and maintained business or company registration number.

By accessing or using the 123.EXPERT platform, you (on behalf of either yourself or the entity that you represent) are acknowledging that you have read, understand and confirm that you accept these Terms of Use and that you agree to comply with them without limitation or qualification and that you have had sufficient time to do so. You also understand and accept that you are also responsible for ensuring that all organisations or persons who access the 123.EXPERT platform through either your 123.EXPERT account or your Internet account are aware of these Terms of Use as well as other applicable terms and conditions, and that they will comply with them without qualification or limitation.

New features of 123.EXPERT may be subject to additional guidelines, terms, or rules, which will be published on 123.EXPERT in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Use. 123.EXPERT reserves the right to amend these Terms of Use at any time.

You represent and warrant to 123.EXPERT that you:

  • have reached the legal age of consent/majority within the relevant legal jurisdiction in which you intend to both register and use 123.EXPERT.
  • will use 123.EXPERT in a manner entirely consistent and in the spirit of any and all applicable regulations and laws within your legal jurisdiction.
  • have the right, authority and capacity to accept and abide by these Terms of Use (on behalf of either yourself or the legal entity that you represent).
  • have also read, understand and accept the 123.EXPERT Expert Terms and Conditions and the 123.EXPERT Privacy Policy.
YOU UNDERSTAND AND ACCEPT THAT UPON REGISTERING AS A CLIENT AND/OR AN EXPERT AND BY TICKING THE “I HAVE READ AND ACCEPT THE 123.EXPERT TERMS AND CONDITIONS”, CLICKING THE “SUBMIT” BUTTON AND PROCEEDING TO ACCESS AND UTILIZE THE 123.EXPERT, THAT YOU ARE AGREEING TO BE BOUND BY THE 123.EXPERT TERMS OF USE AND THE 123.EXPERT PRIVACY POLICY. YOU ALSO UNDERSTAND AND AGREE TO ACCEPT ANY CHANGES TO ANY OF THE AFOREMENTIONED TERMS AND CONDITIONS THAT MAY HAVE BEEN CREATED OR AMENDED SINCE YOU LAST ACCESSED THE 123.NETWORK PLATFORM.
IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS WITHIN THESE TERMS OF USE, THE 123.EXPERT EXPERT TERMS OF USE AND THE 123.EXPERT PRIVACY POLICY (IN WHOLE OR IN PART), YOU MUST NOT ACCESS, USE, ACCESS, DOWNLOAD, SAVE, STORE, BOOKMARK, ARCHIVE, PRINTOUT, SCREENDUMP OR OTHERWISE RETAIN ANY COMPONENT OR IMAGE OF THE 123.EXPERT PLATFORM.

1. 123.EXPERT PLATFORM ACCOUNT OBLIGATIONS

In order to access and use various functions of the 123.EXPERT platform, you must register an account (“Account”) with the platform as either an expert or a client.

With regard to your account and the information supplied for registration with the 123.EXPERT platform, you represent and warrant that:

  • you are solely responsible for ensuring the information requested and provided in the registration form is accurate, truthful and complete.
  • you will maintain the complete accuracy of such information, and that you will update the requested and supplied information to reflect any changes as soon as is possible.
  • you are solely responsible for, and must maintain, the absolute confidentiality of your Account login or related information and that you are fully responsible and liable for all usage, activity, and consequences that occur through the usage of your 123.EXPERT Account by third parties, regardless of whether the usage is authorised.
  • your 123.EXPERT account will not be shared with other persons or organisations for the purpose of accessing or using the 123.EXPERT platform or for any other use or purpose.
  • you agree to immediately inform 123.EXPERT at security@123.expert of any known or suspected unauthorized usage of your Account or of any other known or suspected breach of security. You understand and accept that 123.EXPERT will not and cannot be held liable for any loss or damage arising from your failure to comply with the aforementioned security requirements.
  • unless otherwise authorised in writing by 123.EXPERT, your registration information and account will not be used by any other party.
  • 123.EXPERT reserves the right to suspend, terminate or delete your account (including posts, blogs or other user content you have uploaded to the 123.EXPERT platform), for any reason, at our sole discretion with or without prior notice to you.
  • 123.EXPERT may delete your Account at any time and for any reason, in our absolute discretion with or without prior notice.
  • if you have previously been deregistered from the 123.EXPERT platform that you will not attempt to re-register with the 123.EXPERT platform.
  • if you, or the organisation or legal entity that you represent, are or intend to become, a competitor of 123.EXPERT, that you will not access or use or utilise the 123.EXPERT platform or download, save, store, bookmark, archive, printout, screendump or otherwise retain any component or image of the 123.expert platform including any of the User Content or Content contained within the platform.
  • you understand and accept that access to the 123.EXPERT platform is permitted on a temporary basis and may be discontinued, withdrawn, suspended and that platform Content or user content may be changed any time with or without notice to you.

2. 123.EXPERT PLATFORM ACCESS LIMITED LICENSE

  • 2.1 123.EXPERT grants you, subject to these Terms of Use, a limited, non-transferable, temporary, non-exclusive, revocable license to access and utilise the 123.EXPERT platform, its features, Content and user content solely for personal, noncommercial use.

You must not:

  • access or make any use of the 123.EXPERT platform, or the Content, User Content or other information that it contains or links to, other than for personal use.
  • download the 123.EXPERT platform in whole or part or its Content or user content, except as necessary to access or utilise the platform including as required by browser caching technologies.
  • in whole or part; sell, reproduce, license, disseminate, rent, republish, transfer, gift, post, download, display, upload, lease, archive, host, donate, assign, distribute or use any Content, User Content or any other information contained within, transmit in any form or by any means or in any other way commercially exploit the 123.EXPERT platform without prior written consent.
  • remove or modify any copyright notices or watermarks, trademarks, 123.EXPERT branding or other proprietary notices from any material downloaded from the 123.EXPERT platform.
  • frame any part of 123.EXPERT as an enclosed section or frame on any other website or information technology based platform without the prior written consent of 123.EXPERT. Any such consent provided may be withdrawn at any time at the sole discretion of 123.EXPERT.
  • access the 123.EXPERT platform in order to collect, download or verify information for the benefit of another party.
  • utilize or create bots, botnets, framers, spiders, archivers, unauthorised application program interfaces, automated agents, automated site access, unauthorized interfaces or backdoors, crawlers, screen scrapers, harvesting or similar data mining, gathering, assembly, consolidation, indexing, extraction or copying tools or websites for any purpose, including but not limited to, collecting any information relating to any and all users of the 123.EXPERT platform.
  • utilise the 123.EXPERT platform for the sending of unsolicited mass e-mailing or spamming or to disseminate advertising material of any kind.
  • download, copy, screendump, save or archive information about other users of the 123.EXPERT platform including their User Content, personal information, current or previous employment, skills, interests or education.
  • use hyperlinks to any area, section or page of the 123.EXPERT platform for any personal, commercial or academic use.
  • utilise or access the 123.EXPERT platform or facilitate access to others for the purposes of building a similar derivative work, service or product.
  • not use the 123.EXPERT platform for any purpose, or post, or transmit to or via the platform any material, that is objectionable or unlawful, including but not limited to; usage or the posting of Content or user content that is, or may be perceived to be; unsolicited (spam), profane, libelous, harmful, sexist, indecent, obscene, blasphemous, threatening, tortious, scandalous, vulgar, discriminatory, bullying, abusive, inflammatory, distasteful, controversial, offensive, false, contrary to any applicable standards or codes, harassing, sexual in nature, infringes a third-party’s confidentiality, rights or privacy, threatening, pornographic, racist, libellous, defamatory or which could give rise to any civil or criminal proceedings.
  • use any meta-tags or any other “hidden text” indexing tool, for search engine optimization or other purposes, utilizing our name or other identifying codes or descriptions text or trademarks without our prior express written consent.
  • attempt to modify, decipher, decompile, disassemble, tamper with, reverse engineer or hinder any part of the 123.EXPERT platform or of the software, algorithms or other technologies that form part of the 123.EXPERT platform or related systems, software, apps or technologies or allow or permit another person or organisation to do any of the aforementioned acts.
  • take any action that may disrupt or impose a disproportionate, unreasonable or undue burden or load on our servers, network or the servers or other infrastructure of organisations contracted by 123.EXPERT for the hosting or support of the 123.EXPERT platform or by violating the policies, regulations or procedures of the 123.EXPERT platform or related third-party networks.
  • not use or access the 123.EXPERT platform for any purpose or in any which inhibits, or may inhibit, any other users from accessing or using the 123.EXPERT platform.
  • utilise false or stolen identities and names or attempt to impersonate others in any way which may potentially mislead or deceive other users of the 123.EXPERT platform.
  • attempt to access, use or re-register with 123.EXPERT platform if you have previously been deregistered from the 123.EXPERT platform.
  • use the 123.EXPERT platform for any purpose or in any way that is prohibited by these Terms of Use.
  • 2.2 You understand, acknowledge and accept that:
  • 123.EXPERT has no obligation to provide any maintenance or support in relation to the 123.EXPERT platform or any Content or user content within the platform.
  • 123.EXPERT does not provide any warranties or guarantees with regard to the availability, continuance, and accuracy of the 123.EXPERT platform or the Content, User Content or other information that it contains. 123.EXPERT reserves the right to change, withdraw or discontinue any aspect of the platform or Content or user content of the platform at any time with or without notice to you. You agree that 123.EXPERT will not be liable, to you or any third parties, for any changes whatsoever to the structure or status of the 123.EXPERT platform.
  • should 123.EXPERT determine at our absolute discretion that the platform or related technologies, operations, clients or members, may be adversely affected as result of your access or usage of the 123.EXPERT platform, 123.EXPERT reserves the right to suspend or cancel your registration at any time with or without notice to you.
  • updates or additions to the 123.EXPERT platform, or related technologies, shall be subject to these Terms of Use.

3. INTELLECTUAL PROPERTY & COPYRIGHT

  • 3.1 With the exception of user content posted by users,123.EXPERT is the owner or the licensee of all intellectual property rights in our platform and its Content including, but not limited to the; logos, layout, text, algorithms, source code images, graphics, appearance, button icons, masthead, audio and video clips, data compilations, software and the compilation thereof (the “Content”), trade secrets, the look of the 123.EXPERT platform and site and in the Content and other information contained within the platform as well as the material published on it. This Content is protected by copyright laws and treaties around the world with all such rights being reserved by 123.EXPERT. You may only use the 123.EXPERT platforms intellectual property, including any intellectual property contained within any Content or user content within the platform, for its intended purpose.
  • 3.2 All third-party trademarks or other intellectual property not owned by 123.EXPERT contained within the 123.EXPERT platform are the property of their respective owners. You must obtain prior written consent before using any third-party trademarks.
  • 3.3 Except as set forth in the limited license, or as required under any applicable law, neither the copyrighted Content, the Trademarks, nor any other portion of the 123.EXPERT platform may be sold, reproduced, licensed, disseminated, rented, republished, transferred, gifted, posted, downloaded, displayed, uploaded, leased, archived, hosted, donated, assigned, distributed or the Content or other information contained within it transmitted in any form or by any means without the prior written consent of 123.EXPERT. If you breach of these terms of use, your license to access our utilize the 123.EXPERT platform will immediately end and you must, at our option, return or destroy any material that you have obtained from or through your account and subsequent access to and usage of the 123.EXPERT platform.
  • 3.4 We reserve all rights not expressly granted under these Terms of Use. Your access or usage of the 123.EXPERT platform, nor these terms of use, constitutes a transfer or granting to you or to any third-party any title, property right or interest in or to any intellectual property rights, except for the limited license access rights contained within these terms of use.

4. PRIVACY

  • 4.1 By accessing or using the 123.EXPERT platform, you (on behalf of either yourself or the legal entity that you represent) are acknowledging that you have read, understand and accept the 123.EXPERT Privacy Policy which is incorporated by reference into these Terms of Use.

5. USER CONTENT

  • 5.1 “User Content” means any and all content or related information that a user of the 123.EXPERT platform posts, uploads, blogs or in any other way transfers to or through the 123.EXPERT platform.
  • 5.2 Users of the 123.EXPERT platform are solely responsible for any User Content that they post, upload or in any other way share via, or as a result of your access or usage of, the 123.EXPERT platform. You represent and warrant that any User Content used in conjunction with the 123.EXPERT platform does not violate these Terms of Use or the 123.EXPERT Privacy Policy.
  • 5.3 You represent and warrant that any User Content uploaded or posted to 123.EXPERT it is not in any way deceptive, misleading, or materially inaccurate and that all User Content is fully compliant with all applicable laws, regulatory or licensing requirements.
  • 5.4 You represent and warrant that you own or are licensed to use all necessary intellectual rights in your content and that you will indemnify 123.EXPERT against any and all claims by third parties arising from your User Content including any claims brought against us for your User Content breaching any intellectual property rights.
  • 5.5 You understand and accept that Confidential Information means any and all nonpublic domain information you become aware of in any way, or that is received or sent through, or as a result of your access or usage of the 123.EXPERT platform, or through related information exchanges with either 123.EXPERT employees, agents, partners, representatives, contractors, affiliates or other related parties or users of the 123.EXPERT platform including their agents, employees, contractors, relating to the provision or fulfillment of services. This requirement includes all information relating to your access to and usage of 123.EXPERT including, but not limited to; client or experts identities, pricing, procedures and contractual details. Where legal or regulatory action requires you to disclose confidential information to a third-party, you shall advise the confidential informations owner, creator or source of the impending disclosure prior to the disclosure.
  • 5.6 You represent and warrant that your User Content or usage of the 123.EXPERT platform, or any other material or activity connected with the access or usage of 123.EXPERT will not breach, include or display any trademarks, either registered or currently unregistered, or other intellectual property which you do not own or which you are not licensed to use unless you have obtained written consent from the trademark or intellectual property owner. 123.EXPERT may on 7 days prior written notice, request you provide evidence of your compliance with this requirement. You understand and accept that 123.EXPERT will disclose your identity to any third-party who claims that your User Content breaches their right to privacy or their intellectual property rights. Additionally, you must not misappropriate, make use of, or in any way disclose, either intentionally or inadvertently, directly or indirectly, any confidential information, trade secrets, without the owner’s express written authority to do so.
  • 5.7 You represent and warrant that any User Content uploaded or posted to 123.EXPERT, in relation to services being supplied or sought, will be accurate and sufficient to ensure that any parties to the delivery or engagement of services are fully informed as to the services being delivered or required.
  • 5.8 All Content and User Content and on the 123.EXPERT platform is provided in good faith. 123.EXPERT will not be liable or responsible to any third-party for the Content or accuracy of any User Content posted by any user of the 123.EXPERT platform.
  • 5.9 You warrant and represent that any User Content that you post on the 123.EXPERT platform is general information only. Any User Content uploaded, posted or in other ways shared with other EXPERT.123 users is not intended to amount to professional advice on which anyone should or can rely as any Content or User Content provided through the 123.EXPERT platform does not take into account your individual circumstances. Any reliance placed in any content or User Content is entirely at your discretion and risk.
  • 5.10 You represent and warrant that you will not mislead, deceive or misstate any User Content relating to either your availability or ability to deliver services as an independent self-employed consultant or to offer projects to or engage the services of independent self-employed freelance consultants on the 123.EXPERT platform.
  • 5.11 123.EXPERT expressly disclaims any obligation or liability to any user or third-party in connection with verifying or in any other way validating, checking, editing, redacting, correcting, deleting or removing any User Content posted by users of the 123.EXPERT platform, or any failure or refusal on our part to do so.
  • 5.12 You understand and accept your personal identification, or that of a third-party, may occur as a result of a disclosure of your User Content by either yourself, another 123.EXPERT user or by the 123.EXPERT platform.
  • 5.13 You understand and accept that you assume all liability and risks associated with the usage of your 123.EXPERT account and profile, as well as all other User Content or Content, including any reliance on its accuracy, truthfulness, completeness, legality or usefulness by others.
  • 5.14 123.EXPERT has no obligation to backup, archive or in other ways to protect User Content against loss. You are solely responsible for maintaining copies of any valuable User Content posted, uploaded or shared via the 123.EXPERT platform.
  • 5.15 The 123.EXPERT platform is presented on an “as is” basis. 123.EXPERT makes no express or implied representations, warranties or guarantees whatsoever, implied or express in relation to either these Terms of Use or that the 123.EXPERT platform,or content or User Content that it contains, may be regarded as vetted, censored, safe, checked, verified, secure, screened, error-free, free or malware or malicious software, redacted, accurate, reliable, complete, truthful, bug free, valid, legal, relevant or up-to-date, fit for particular purpose or that it will meet your requirements. Through accessing or your usage of the 123.EXPERT platform you unequivocally agree to indemnify us against any claims, damage, liability, damage, loss that may arise in relation to your 123.EXPERT account or its User Content.
  • 5.16 123.EXPERT will not have any liability in relation to, and reserves the right at our sole discretion, to be able to edit, delete, remove, redact, hide from view or suspend Content or User Content at any time with or without prior notice, if 123.EXPERT considers, acting reasonably, that you or any other 123.EXPERT platform users have breached these Terms of Use. 123.EXPERT will also not have any liability with regard to the deletion, corruption, unauthorised modification or dissemination of your User Content which may result from hacking, malware, software vulnerabilities or bugs or for any other reason including human error.
  • 5.17 123.EXPERT reserves the right to keep your posted or uploaded User Content on the 123.EXPERT indefinitely or until you remove your User Content from the 123.EXPERT platform.
  • 5.18 You represent and warrant that you will not use your User Content, or any other Content, on the 123.EXPERT platform for any purpose other than for the Contents or User Contents original intent and reason for being contained within or published upon the 123.EXPERT platform.
  • 5.19 123.EXPERT will only disclose your confidential information or User Content to third parties where:
  • You have supplied 123.EXPERT with express written authority to do so.
  • The information is already in the public domain.
  • Such is required or related to your access or usage of the 123.EXPERT platform.
  • 123.EXPERT is legally required or compelled to do so.

6. LICENSE TO USE INFORMATION

  • 6.1 You retain all ownership rights in your User Content being any information which you post, upload, blog or in any other way transfer to or through the 123.EXPERT platform. You accept that access to or usage of the 123.EXPERT platform acknowledges that your User Content will be deemed to be non-confidential and non-proprietary by 123.EXPERT and that your access or usage of the 123.EXPERT platform does not constitute confidential information and that you authorise 123.EXPERT to make use of such information by the means including but not limited to those specified in paragraph 6.2 below.
  • 6.2 You grant 123.EXPERT and other users of the 123.EXPERT platform who can view or receive your User Content an irrevocable, perpetual, royalty free, unconditional, non-exclusive, fully paid, worldwide and transferable license and right to use all or part of your User Content in any way whatsoever and for any purpose including making your User Content available to third parties, in any form of media or via any technological means including but not limited to; archiving, backing up, storing, publishing, adapting, reproducing, printing, display, perform, copy, modify, edit, commercializing [including through the creation of derivative works or incorporation into other works including any and all forms of advertising, marketing or media without 123.EXPERT requiring any additional consent from you or the organisation or any legal entity that you may represent, that providing that your intellectual property is utilised by 123.EXPERT in a manner which is consistent with your original User Content.] or to otherwise exploit and utilise. You also grant 123.EXPERT permission (and you represent and warrant that you have the right to grant), to grant sublicense and authorize any other person or organisation to do the same. The generality of the foregoing is not restricted by 123.EXPERT recognizing that User Content may contain references to work or projects or the components or parts thereof owned by third parties.
  • 6.3 With regard to your intellectual property which you include in your User Content, including but not limited to logos, names, designs, sounds, imagery, music, fonts, colors or other distinctive features of any intellectual property including trademarks, by accessing or utilising the 123.EXPERT platform, you consent to us reproducing said intellectual property in the context of services or products offered by the 123.EXPERT platform. This includes the reproduction of your intellectual property in the Content, architecture, software, coding, metadata, search engine optimization or structure of the 123.EXPERT platform, including but not limited to your logo or name appearing in drop-down lists or auto-filled fields or forms.

7. ACCEPTABLE USE POLICY

  • 7.1 You must not compromise or damage the 123.EXPERT platform by infecting, or potentially infecting, the 123.EXPERT platform with any form of malicious software including but not limited to: viruses, trojans, phishing tools, rootkits, botnets, logic bombs or worms or your uploading or introducing of any files, Content or User Content to the 123.EXPERT platform containing vulnerabilities which in turn may allow or cause the 123.EXPERT platform to be compromised by malicious software or third parties. The relevant authorities will be immediately notified of any such breach and will be provided with the identity of those responsible.
  • 7.2 You must not attempt to access the 123.EXPERT platform, or the servers and networks on which it is hosted, illegally by way of hacking, password mining, utilising backdoors or exploiting known vulnerabilities in the platform or components of the platform. The relevant authorities will be immediately notified of any such breach.
  • 7.3 You must not attempt to gain unauthorised access to the 123.EXPERT platform by gaining unauthorised access to any third-party platforms or websites to which 123.EXPERT is connected or relies. The relevant authorities will be immediately notified of any such breach and will be provided with the identity of those responsible.
  • 7.4 You understand and accept that Confidential Information means any and all nonpublic domain information you become aware of in any way, or that is received or sent through, or as a result of your access or usage of the 123.EXPERT platform, or through related information exchanges with either 123.EXPERT employees, agents, partners, representatives, contractors, affiliates or other related parties or users of the 123.EXPERT platform including their agents, employees, contractors, relating to the provision or fulfillment of services. This requirement includes all information relating to your access to and usage of 123.EXPERT including, but not limited to; client or expert identities, pricing, procedures and contractual details. Where legal or regulatory action requires you to disclose confidential information to a third-party, you shall advise the confidential informations owner, creator or source of the impending disclosure prior to the disclosure.
  • 7.5 You understand and accept that 123.EXPERT will only disclose your confidential information or User Content to third parties where:
    • You have supplied 123.EXPERT with express written authority to do so.
    • The information is already in the public domain.
    • Such is required or related to your access or usage of the 123.EXPERT platform.
    • 123.EXPERT is legally required or compelled to do so.
  • 7.6 You must not use the 123.EXPERT platform for any purpose, or pos or transmit to or via the platform any material, that is objectionable or unlawful, including but not limited to; usage or the posting of User Content that is, or may be perceived to be; unsolicited (spam), profane, libelous, harmful, sexist, indecent, obscene, blasphemous, threatening, tortious, scandalous, vulgar, discriminatory, bullying, abusive, inflammatory, distasteful, controversial, offensive, false, contrary to any applicable standards or codes, harassing, sexual in nature, infringes a third-party’s confidentiality, rights or privacy, threatening, pornographic, racist, libellous, defamatory or which could give rise to civil or criminal proceedings.
  • 7.7 You represent and warrant that your User Content or usage of the 123.EXPERT platform, or any other material or activity connected with the access or usage of 123.EXPERT will not breach, include or display any trademarks, either registered or currently unregistered, or other intellectual property which you do not own or which you are not licensed to use unless you have obtained written consent from the trademark or intellectual property owner. 123.EXPERT may on 7 days prior written notice, request you provide evidence of your compliance with this requirement. You understand and accept that 123.EXPERT will disclose your identity to any third-party who claims that your User Content breaches their right to privacy or their intellectual property rights. Additionally, you must not misappropriate, make use of, or in any way disclose, either intentionally or inadvertently, directly or indirectly, any confidential information, trade secrets, without the owner’s express written authority to do so.
  • 7.8 You must not use the 123.EXPERT platform as a means of breaching, intentionally or inadvertently, any privacy, non-disclosure, secrecy, commercial-in-confidence, licensing or any other obligations that you may owe to any third-party.
  • 7.9 You must not utilise false or stolen identities and names or attempt to impersonate others in any way which may potentially mislead or deceive other users of the 123.EXPERT platform.
  • 7.10 You must not utilize or create bots, botnets, spiders, framers, archivers, unauthorised application program interfaces, automated agents, automated site access, unauthorized interfaces or backdoors, crawlers, screen scrapers, or similar data gathering, consolidation, indexing, extraction, copying tools or websites for any purpose, including but not limited to, collecting any information relating to any and all users of the 123.EXPERT platform.
  • 7.11 You must not utilise the 123.EXPERT platform for the sending of unsolicited mass messaging or emailing (spamming) or to disseminate advertising material of any kind.
  • 7.12 You must not abuse, threaten, bully, offend, harass, defame, stalk or interfere with any users of the 123.EXPERT platform.
  • 7.13 You must not, in whole or part; sell, reproduce, license, disseminate, rent, republish, transfer, gift, post, download, display, upload, lease, archive, host, donate, assign, distribute or use information, Content or User Content contained within, transmit in any form or by any means, or in any other way commercially exploit the 123.EXPERT platform without prior written consent.
  • 7.14 You must not remove or modify any copyright notices or watermarks, trademarks, 123.EXPERT branding or other proprietary notices from any material downloaded from the 123.EXPERT platform.
  • 7.15 You must not publish, copy frame or in any other way reproduce information, Content or User Content, in whole or part, from the 123.EXPERT platform with individuals, organisations, websites or other online platforms, who are not also currently registered users of the 123.EXPERT platform, except as is explicitly permitted by these Terms of Use.
  • 7.16 You must only use information, Content or User Content relating to other users of the 123.EXPERT platform for the purpose that the user intended or permits.
  • 7.17 You must not utilize or create bots, botnets, spiders, archivers, unauthorised application program interfaces, automated agents, automated site access, unauthorized interfaces or backdoors, crawlers, screen scrapers, harvesting or similar data mining, gathering, assembly, consolidation, indexing, extraction or copying tools or websites for any purpose, including but not limited to, collecting any information relating to any and all users of the 123.EXPERT platform.
  • 7.18 You must not take any action that may disrupt or impose a disproportionate, unreasonable or undue burden or load on our servers, network or the servers or other infrastructure of organisations contracted by 123.EXPERT for the hosting or support of the 123.EXPERT platform or by violating the policies, regulations or procedures of the 123.EXPERT platform or related third-party networks.
  • 7.19 You must not attempt to modify, decipher, decompile, disassemble, tamper with, reverse engineer or hinder any part of the 123.EXPERT platform or of the software, algorithms or other technologies that form part of the 123.EXPERT platform or related systems, software, apps or technologies or allow or permit another person or organisation to do any of the aforementioned acts.
  • 7.20 You must use 123.EXPERT in a manner entirely consistent and in the spirit of any and all applicable regulations and laws within your legal jurisdiction.
  • 7.21 123.EXPERT welcomes all feedback and enquiries. However, it is our current policy to decline all unsolicited ideas or suggestions. Any such correspondence received will be treated as non-confidential and non-proprietary. You hereby assign 123.EXPERT all rights to any such feedback or suggestions and to utilise the information supplied in any way or form or to share the information with anyone or any third-party for any purpose.

8. INDEMNIFICATION

  • 8.1 Usage of the 123.EXPERT platform, its technologies or associated technologies is entirely at your own risk. You unequivocally agree to indemnify 123.EXPERT, its directors, employees, agents, and contractors harmless in relation to any damages, costs, claims, expenses, losses, legal fees incurred and resulting from your access or usage of the 123.EXPERT platform or through any third-party demand or claim.
  • 8.2 You indemnify 123.EXPERT for any damages, loss, costs, expense, legal fees that 123.EXPERT may incur as either a direct or indirect result of your access or usage of the 123.PLATFORM involving utilizing bots, botnets, spiders, framers, archivers, unauthorised application program interfaces, automated agents, automated site access, unauthorized interfaces, backdoors, crawlers, screen scrapers, harvesting or similar data mining, gathering, assembly, consolidation, indexing, extraction or copying tools or websites, viruses, trojans, phishing tools, rootkits, botnets, logic bombs or worms or your uploading or introducing of any files, Content or User Content to the 123.EXPERT platform containing vulnerabilities which in turn may allow or cause the 123.EXPERT platform to be compromised by malicious software or third parties.
  • 8.3 You indemnify 123.EXPERT for any damages, loss, costs, expense, legal fees that 123.EXPERT may incur as either a direct or indirect result of any action that may disrupt or impose a disproportionate, unreasonable or undue burden or load on our servers, network or the servers or other infrastructure of organisations contracted by 123.EXPERT for the hosting or support of the 123.EXPERT platform or by violating the policies, regulations or procedures of the 123.EXPERT platform or related third-party networks.
  • 8.4 You indemnify 123.EXPERT for any damages, loss, costs, expense, legal fees that 123.EXPERT may incur as either a direct or indirect result of you breaching any applicable law, regulation, license, these Terms of Use or your User Content. This indemnity will survive the suspension, termination, deactivation, deletion or your cancellation of any account that you may have on the 123.EXPERT platform.

9. THIRD-PARTY LINKS

  • 9.1 Links to third-party platforms or websites. Users of the 123.EXPERT platform have the ability to include hyperlinks in their User Content whilst they are solely responsible for all User Content that they post, upload or in any other way share via, or as a result of your access or usage of the 123.EXPERT platform (as per Section 5: User Content). The 123.EXPERT platform may contain links to third-party websites or platforms. These links are provided by 123.EXPERT or users of the 123.EXPERT platform purely as a convenience to you and in no way represent an endorsement or sponsorship by 123.EXPERT. You understand and agree that 123.EXPERT does not have any influence or control over third-party websites and is therefore unable to accept any liability, without limitation, in connection with the content of other users or your access or usage or; the information, services, products offered, terms and conditions or privacy policies by the pages and websites hyperlinked by the page links, or to other sites accessed through the third-party site. You understand and agree that you access or use all other sites or pages at your own risk and that 123.EXPERT is not under any obligation to involve itself in disputes between users of the 123.EXPERT platform.
  • 9.2 The 123.EXPERT platform is presented on an “as is” basis. 123.EXPERT makes no express or implied representations, warranties or guarantees whatsoever, implied or express in relation to either these Terms of Use or that the 123.EXPERT platform, or the Content or User Content that it contains, may be regarded as vetted, censored, safe, checked, verified, secure, screened, error-free, free or malware or malicious software, redacted, accurate, reliable, complete, truthful, bug free, valid, legal, relevant or up-to-date, fit for particular purpose or that it will meet your requirements. Through accessing or your usage of the 123.EXPERT platform you unequivocally agree to indemnify us against any claims, damage, liability, damage, loss that may arise in relation to your 123.EXPERT account or your User Content.
  • 9.3 Links to the 123.EXPERT platform from third-party sites. You may not link to, access or utilise the 123.EXPERT platform in connection with any bots, botnets, spiders, framers, archivers, unauthorised application program interfaces, automated agents, automated site access, unauthorized interfaces, backdoors, crawlers, screen scrapers, harvesting or similar data mining, gathering, assembly, consolidation, indexing, extraction or copying tools. If you breach this term of use, you agree that you will indemnify 123.EXPERT for any damages, loss, costs, expense, legal fees that 123.EXPERT may incur as either a direct or indirect result of any action that may disrupt or impose a disproportionate, unreasonable or undue burden or load on our servers, network or the servers or other infrastructure of organisations contracted by 123.EXPERT for the hosting or support of the 123.EXPERT platform or by violating the policies, regulations or procedures of the 123.EXPERT platform or related third-party networks.
  • 9.4 You must not frame any part of 123.EXPERT as an enclosed section or frame on any other website or information technology based platform without the prior written consent of 123.EXPERT. Any such consent provided may be withdrawn at any time at the sole discretion of 123.EXPERT.
  • 9.5 Websites, platforms, databases, frames or pages from where the 123.EXPERT is linked must not contain User Content that is, or can be perceived to be; a commercial competitor, profane, libelous, harmful, sexist, indecent, obscene, blasphemous, threatening, tortious, scandalous, vulgar, discriminatory, bullying, abusive, inflammatory, distasteful, controversial, offensive, false, contrary to any applicable standards or codes, harassing, sexual in nature, infringes a third-party’s confidentiality, rights or privacy, threatening, pornographic, racist, libellous, defamatory or which could give rise to civil or criminal proceedings. Further, any pages from where the 123.EXPERT platform is linked must not portray the 123.EXPERT platform in a negative, offensive, offensive or misleading light.

10. DISCLAIMERS

  • 10.1 The 123.EXPERT platform is presented on an “as is” basis. 123.EXPERT makes no express or implied representations, warranties or guarantees whatsoever, implied or express, in relation to either these Terms of Use or the 123.EXPERT platform, or that the platforms content, may be regarded as vetted, censored, safe, checked, verified, secure, screened, error-free, free or malware or malicious software, redacted, accurate, reliable, complete, truthful, bug free, valid, legal, relevant or up-to-date, fit for particular purpose or that it will meet your requirements. Through accessing or your usage of the 123.EXPERT platform you unequivocally agree to indemnify 123.EXPERT against claims for any damage, liability or loss that may arise in relation to your 123.EXPERT account or your User Content.
  • 10.2 Further to section 10.1, 123.EXPERT does not warrant or guarantee that emails, files or other data connected with the 123.EXPERT platform do not contain any forms of malicious software (malware) including but not limited to: bots, botnets, spiders, framers, archivers, unauthorised application program interfaces, automated agents, automated site access, unauthorized interfaces, backdoors, crawlers, screen scrapers, harvesting or similar data mining, gathering, assembly, consolidation, indexing, extraction or copying tools, viruses, trojans, phishing tools, rootkits, logic bombs or worms. By accessing or using the 123.EXPERT platform you accept that the detection, removal or filtering of any form of malware from any data or file received via the 123.EXPERT platform is your sole responsibility.
  • 10.3 Further to section 10.1, 123.EXPERT does not correct, edit, check, vet, verify or review any User Content in any way. This includes not evaluating or considering the suitability and appropriateness of self-employed independent freelance consultants for any and every project, or other work requirement posted on the 123.EXPERT platform by clients or by 123.EXPERT. No express or implied representations are made by the 123.EXPERT platform with regard to the suitability of any self-employed independent freelance consultant for any project or other 123.EXPERT client work requirement.
  • 10.4 123.EXPERT is not a party to any contracts between users of the 123.EXPERT platform, being the independent self-employed consultants and the clients who engage them. Notwithstanding any provision within these Terms of Use, under no circumstances will 123.EXPERT or its employees, officers, successors, assigns, agents, representatives, associates, partners be liable to you, or to any third parties, for any indirect, incidental, exemplary, punitive, special or consequential damages, including, but not limited to and without limitation, loss of profits, expense, business interruption, loss of expected savings, loss on income, loss of User Content or data, loss of goodwill, contracts arising or in any way connected with any matter set out herein these terms of use, regardless of whether such claim is based upon contract, costs incurred whilst procuring substitute services, negligence, tort or otherwise based. This indemnity will survive the suspension, termination, cancellation, deactivation or deletion of any account that you may have on the 123.EXPERT platform.
  • 10.5 123.EXPERT excludes all terms, warranties or representations, to the extent permitted by any applicable law or regulation, not expressly contained within these terms and conditions. In the event that 123.EXPERT is not able to legally exclude liability, the maximum aggregate liability of 123.EXPERT to you, whether in equity, contract, tort or statute shall not exceed $100.
  • 10.6 Unless prohibited by regulation, statute or law 123.EXPERT excludes any future regulation, statute or law which operates to vary a power, right, remedy or obligation in connection with these terms of use or of the 123.EXPERT Privacy Policy.

11. LIMITATION OF LIABILITY

  • 11.1 To the extent permitted by any applicable law or regulation, under no circumstances will 123.EXPERT or its employees, officers, successors, assigns, agents, representatives, associates, partners be liable to you, or your organisation, or to any third parties, for any indirect, incidental, exemplary, punitive, special or consequential damages, including, but not limited to and without limitation, loss of profits, expense, business interruption, loss of expected savings, loss on income, loss of User Content or data, loss of goodwill, contracts arising or in any way connected with any matter set out herein these terms of use, regardless of whether such claim is based upon contracts, costs related to procuring substitute services, negligence, tort or otherwise based. This indemnity will survive the suspension, termination, cancellation, deactivation or deletion of any account that you may have on the 123.EXPERT platform.
  • 11.2 The 123.EXPERT platform is presented on an “as is” basis. 123.EXPERT makes no express or implied representations, warranties or guarantees whatsoever, implied or express in relation to either these Terms of Use or that the 123.EXPERT platform, Content or User Content that it contains, may be regarded as vetted, censored, safe, checked, verified, secure, screened, error-free, free or malware or malicious software, redacted, accurate, reliable, complete, truthful, bug free, valid, legal, relevant or up-to-date, fit for particular purpose or that it will meet your requirements. Through accessing or your usage of the 123.EXPERT platform you are solely responsible for any damage, liability, claims or loss that may arise in relation to your access or usage of the 123.EXPERT platform, your 123.EXPERT account or its contents.
  • 11.3 Users of the 123.EXPERT platform have the ability to include hyperlinks in their User Content whilst they are solely responsible for all User Content that they post, upload or in any other way share via, or as a result of your access or usage of, the 123.EXPERT platform (as per Section 5: User Content). The 123.EXPERT platform may contain links to third-party websites or platforms. These links are provided by 123.EXPERT or users of the 123.EXPERT platform purely as a convenience to you and in no way represent an endorsement or sponsorship by 123.EXPERT. You understand and agree that 123.EXPERT does not have any influence or control over third-party websites and is therefore unable to accept any liability, without limitation, in connection with the User Content of others users or your access or usage or; the information, services, products offered, terms and conditions or privacy policies by the pages and websites hyperlinked by the page links, or to other sites access through the third-party site. You understand and agree that you access or use all other sites or pages at your own risk and that 123.EXPERT is not under any obligation to involve itself in disputes between users of the 123.EXPERT platform nor will 123.EXPERT be liable for any damage or loss which may result from your accessing or usage of third-party websites linked to the from the 123.EXPERT platform.
  • 11.4 123.EXPERT does not warrant or guarantee that emails, files or other data connected with the 123.EXPERT platform do not contain any forms of malicious software (malware) including but not limited to: bots, botnets, spiders, framers, archivers, unauthorised application program interfaces, automated agents, automated site access, unauthorized interfaces, backdoors, crawlers, screen scrapers, harvesting or similar data mining, gathering, assembly, consolidation, indexing, extraction or copying tools, viruses, trojans, phishing tools, rootkits, logic bombs or worms. By accessing or using the 123.EXPERT platform you accept that the detection, removal or filtering of any form of malware from any data or file received via the 123.EXPERT platform is your sole responsibility. 123.EXPERT not be liable for any damage or loss which may result from any malicious software, individuals or organisations which you may be exposed to, or affected by, as a result of accessing or using the 123.EXPERT platform or of any third-party websites linked to or from the 123.PLATFORM.
  • 11.5 123.EXPERT will not be liable to you for any default resulting from any act of God, war, terrorist attack, industrial action or any other event beyond our control.
  • 11.6 123.EXPERT excludes all terms, warranties or representations, to the extent permitted by any applicable law or regulation, not expressly contained within these terms and conditions. In the event that 123.EXPERT is not able to legally exclude liability, the maximum aggregate liability of 123.EXPERT to you, whether in equity, contract, tort or statute shall not exceed $100.

12. TERM AND TERMINATION

  • 12.1 Your access or usage of the 123.PLATFORM constitutes your unconditional acceptance of these Terms of Use, the term of which commences upon your accessing or usage of the 123.EXPERT platform. IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS WITHIN THESE TERMS OF USE OR THE 123.EXPERT PRIVACY POLICY (IN WHOLE OR IN PART), YOU MUST NOT ACCESS, USE, ACCESS, DOWNLOAD, SAVE, STORE, BOOKMARK, ARCHIVE, PRINTOUT, SCREENDUMP OR OTHERWISE RETAIN ANY COMPONENT OR IMAGE OF THE 123.EXPERT PLATFORM.
  • 12.2 123.EXPERT reserves the right to suspend, terminate or delete your account (including posts, blogs or other User Content you have uploaded to the 123.EXPERT platform), for any reason, at our sole discretion with or without prior notice. The validity of existing contracts between yourself and other users of the 123.EXPERT platform will not be affected by the suspension, termination or deletion of your account as 123.EXPERT is in no way party to those contracts. Existing contracts between yourself and 123.EXPERT are also unaffected including you not being relieved of any fees or charges which were due and payable to 123.EXPERT prior to or at the time of the suspension, termination or deletion of your account. 123.EXPERT will not be liable for any damage or loss which may result from your account, or your User Content, being suspended, terminated or deleted on or from the 123.EXPERT platform without prior notice or notice to you.
  • 12.3 You indemnify 123.EXPERT for any damages, loss, costs, expense, legal fees that 123.EXPERT may incur as either a direct or indirect result of you breaching any applicable law, regulation, license, these Terms of Use or your User Content. This indemnity will survive the suspension, termination, deactivation, deletion or your cancellation of any account that you may have on the 123.EXPERT platform.
  • 12.4 if you, or the organisation or legal entity that you represent, are, or intend to become, a competitor of 123.EXPERT, that you will not access or use or utilise the 123.EXPERT platform or download, save, store, bookmark, archive, printout, screendump or otherwise retain any component or image of the 123.expert platform including any of the User Content or Content contained within the platform.

13. GENERAL

  • 13.1 Waiver: Should 123.EXPERT delay, or fail to, enforce a power, right or remedy, 123.EXPERT has not waived said power, right or remedy.
  • 13.2 Views and Values: The views and values expressed by users of the 123.EXPERT platform do not necessarily reflect the views or values of 123.EXPERT.
  • 13.3 123.EXPERT platform changes: you understand and accept that access to the 123.EXPERT platform is permitted on a temporary basis and may be discontinued, withdrawn, suspended or platform Content or User Content changed at any time with our without notice to you.
  • 13.4 Any changes to or deviations from these terms and conditions by anyone who accesses or uses the 123.EXPERT platform, shall not be valid unless prior written acceptance and authorisation is obtained by 123.EXPERT.
  • 13.5 Notices from 123.EXPERT: You consent to receiving all terms, conditions, warranties, disclosure, notices and agreements and any other communications in an electronic form from the 123.EXPERT platform. Any notices sent to the most recent email address you have supplied to 123.EXPERT as part of your User Content or account constitutes effective notice immediately upon being sent.
  • 13.6 Notices to 123.EXPERT: You agree that all notices sent to 123.EXPERT will be in written hard copy format and will be sent via mail or courier service which requires a signature upon delivery. All such notices will be posted to our correspondence address being:
    123.EXPERT
    Post Office Box 7074
    Melbourne, Victoria
    AUSTRALIA 3004
  • 13.7 Entire Agreement: These Terms of Use and the 123.EXPERT Privacy Policy constitutes the entire agreement between 123.EXPERT and all users of the 123.EXPERT platform in relation to its subject matter. By entering into an agreement with 123.EXPERT you acknowledge that you have not relied on any other representations, either written, verbal or implied, other than the terms contained within this Terms of Use.
  • 13.8 Assignment: These Terms of Use may not be transferred to any third-party by any means of transfer including but not limited to the delegation, assignment or subcontracting without the prior written consent of 123.EXPERT. 123.EXPERT may transfer or assign these Terms of Use to any third-party, with or without notice to you.
  • 13.9 Trademarks: the 123.EXPERT logo is the trademark of 123.EXPERT. Except as set forth in the limited license, or as required under any applicable law, neither the copyrighted Content or User Content, the Trademarks, nor any other portion of the 123.EXPERT platform may be sold, reproduced, licensed, disseminated, rented, republished, transferred, gifted, posted, downloaded, displayed, uploaded, leased, archived, hosted, donated, assigned, distributed or the information contained within it transmitted in any form or by any means without the prior written consent of 123.EXPERT. If you breach of these terms of use, your license to access our utilize the 123.EXPERT. platform will immediately end and you must, at our option, return or destroy any material that you have obtained from or through your account and subsequent access to and usage of the 123.EXPERT platform
  • 13.10 third-party Trademarks: All third-party trademarks or other intellectual property not owned by 123.EXPERT that are contained within the 123.EXPERT platform are the property of their respective owners. You must obtain prior written consent before using any third-party trademarks.
  • 13.11 Relationship: Both 123.EXPERTs clients who require the completion of work and the independent self-employed consultants who complete or offer to complete the work are clients and customers of 123.EXPERT and are not in any capacity employees, partners agents of 123.EXPERT nor do you enjoy any other type of relationship with 123.EXPERT for which fiduciary duties may be present or implied.
  • 13.12 Governing Law and Jurisdiction: These Terms and Conditions are governed by the laws of Australia. The courts in the Australian state of Victoria shall have the exclusive jurisdiction for any disputes which arise in relation to these Terms of Use.
  • 13.13 Unenforceable Terms: Should any term contained within this Terms of Use, or the 123.EXPERT Privacy Policy, be declared to be illegal or unenforceable by any court, the affected term or terms will not form part of the agreement between you and 123.EXPERT in that jurisdiction only, however, the remaining terms in this Terms of Use will be unaffected and unimpaired and remain enforceable with any unenforceable or invalid term deemed to be modified to the extent that it is enforceable to the maximum extent permitted by the jurisdiction.
  • 13.14 YOU UNDERSTAND AND ACCEPT THAT UPON REGISTERING AS A CLIENT AND/OR AN EXPERT AND BY TICKING THE “I HAVE READ AND ACCEPT THE 123.EXPERT TERMS AND CONDITIONS”, CLICKING THE “SUBMIT” BUTTON AND PROCEEDING TO ACCESS AND UTILIZE THE 123.EXPERT, THAT YOU ARE AGREEING TO BE BOUND BY THE 123.EXPERT TERMS OF USE AND THE 123.EXPERT PRIVACY POLICY. YOU ALSO UNDERSTAND AND AGREE TO ACCEPT ANY CHANGES TO ANY OF THE AFOREMENTIONED TERMS AND CONDITIONS THAT MAY HAVE BEEN CREATED OR AMENDED SINCE YOU LAST ACCESSED THE 123.NETWORK PLATFORM.
  • 13.15 Contact details:

EMail: info@123.expert
Fax: 03 5348 4976

123.EXPERT
15 William Street
Level 19
MELBOURNE VIC AUSTRALIA 3000

Find 123.EXPERT HQ on Google Maps

123.EXPERT
97 South 2nd Street
SAN JOSE CA USA 95113

POSTAL ADDRESS:
123.EXPERT
P.O. Box 7074
MELBOURNE VIC AUSTRALIA 3004

© 2018 123.EXPERT PTY LTD ABN 11 618 768 648 ACN 618 768 648

Thank you for visiting or using the 123.EXPERT platform.