Sage.fm - Terms of Use

Last updated March 24, 2019

About Us

Sage.fm provides an online service that strives to facilitate meaningful interactions between Users (Seekers) and their chosen Experts (Sages). These Sages are individuals who are industry leaders, or experts, in their chosen fields. They provide Users with specialised information, knowledge and guidance across a wide range of subjects and domains.

These Terms of Service refer to the Sage.fm website (the “Site”) and associated mobile applications (collectively, the Sage.fm “Service”).

Agreement

You should read these Terms of Service carefully. In these Terms of Service (the “Terms”) the words, “Sage.fm”, “Company”, “we”, “our” and “us” refer to Sage.fm Pty Ltd (ACN 611 437 088), trading as Sage.fm, and includes its directors, employees and agents; and "you" or "your" means the person who accepts these Terms of Service, by using the Service and associated software, networks and processes, including the purchase of goods or services, through the Service.

These Terms of Service apply to you, the Service user and your usage of the Service and any associated software, networks and processes, including the purchase of Engagements with the Sages.

By browsing the Site, or participating in an Engagement, you agree to these Terms of Service.

Interpretation
1. In these Terms of Service:
  “Agreement” or “Terms of Service” means these Terms of Service, including all the terms of any Order placed by you, the User, through the Site (if applicable).
  
  “Business Page” means an associated group of Sages that are listed on a Business Page profile page on the Website. Sages in a Business Page possess similar or complementary expertise.
  
  “Engagement” means a conversation or related activity that the User pays to have with their chosen Sage.
  
  “Intellectual Property” means all rights in patent, copyright, trade names, trademarks, logos, designs, algorithms, images (including still images, and audio and audio-visual media).
  
  “Material” means any information (including but not limited to data or source codes) or images in any form (whether visible or not) stored on or in use with the Service.
  
  “Sage” means the expert with whom you pay to have a conversation using the Service.
  
  “Sage Service Fee” refers to a percentage of the total purchase price that is payable, as a fee, by the Sage to Sage.fm. This covers costs reasonably incurred by Sage.fm in handling a Sage’s Engagement and providing the Service. The price of the Sage Service Fee can vary between Sages, depending on the Sage’s fee, the volume of calls, and the quantity, if any, of referrals of other Sages to the Service. Sage.fm retains the sole discretion to adjust the Sage Service Fee as it deems fit, provided it does not materially disadvantage the User.
  
  “Seeker” means a person who messages or pays for a conversation with a Sage.
  
  “Seeker Service Fee” refers to a percentage of the total purchase price that is payable, as a fee, by the Seeker to Sage.fm. This covers costs reasonably incurred by Sage.fm in handling a Seeker’s Engagement.
  
  “Site” means the Internet Website located at the URL: https://www.sage.fm This domain is owned and operated by Sage.fm.
  
  “User” refers to any person using the Service, whether they be a Sage (a person using the Service to charge money in return for an engagement with a Seeker); a Seeker (a person who pays money in return for an engagement with a Sage) or a Business Page Administrator (a person who creates and/or manages a Business Page on behalf of that Business Page’s Sages).
2. Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.
Service Use
1. You must ensure that your access to, or use of the Service is not illegal or prohibited by laws that apply to you.
2. You must take your own precautions to ensure that your process for accessing the Service does not expose you to risk of viruses, malicious computer code or other forms of interference, which may damage your computer system. Sage.fm takes no responsibility for any such damage, which may arise in connection with your use of the Service.
3. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
4. You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
5. Sage.fm may stop (temporarily or permanently) providing access to the Service to you, or to guests or members generally, at our discretion and without prior notice to you.
6. We may in our sole discretion terminate your account or restrict your access to the Service. If we do this, you may be prevented from accessing all or parts of the Service, your account details or other content contained in your account. We will not be liable to you or any third party for doing so. We may impose limits or restrictions on the use you may make of the Service. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms, we may withdraw the Service, or change or remove Service functionality at any time without notice to you.
7. The Service may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. Sage.fm will not be responsible for the content or privacy practices associated with linked websites.
8. You agree that you will not engage in any activity that interferes with or disrupts the Service or the servers and networks that host the Service. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Service or the content.

Registration
1. To access certain parts of this Service, you must register as a member by providing us with certain Registration Data as requested. You may not use one email address to register for multiple accounts.
2. If you are under the age of 16 years, you may not create an account or register as a member. If you are 16 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a “Minor”) to create an account, you agree to:
  - exercise supervision over the Minor's use of our Service and account;
  - assume all risks associated with the Minor's use of our Service and their account, including the transmission of content or information to and from third parties via the Internet;
  - ensure that the content and information that the Minor may encounter on our Service are suitable for the Minor;
  - assume liabilities resulting from the Minor's use of our Service and their account;
  - ensure the accuracy and truthfulness of all information submitted by the Minor; and
  - provide the consents contained in these Terms on behalf of the Minor.
  - We may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our website and your account on this basis.
3. In the event that you provide Registration Data to us, you represent and warrant to us that the Registration Data provided is true, complete, accurate and up to date, and you undertake to maintain the truthfulness, completeness and accuracy of your Registration Data as necessary and/or as required by us.
4. If you do provide us with Registration Data:
  - you may receive emails from us confirming the details of your registration and any purchases from the Service made by you, and providing you with necessary information relating to your access and use of the Service and any purchases from the Service made by you;
  - from time to time we may email you with messages about our Service or third party products and services we believe may be of interest to you, such as new products, features, special offers and updated information. The emails may contain code that enables our database to track your usage of the emails, including whether the email was opened and/or what links (if any) were clicked. We may combine that information with other information we have about you and may use that information to improve your site experience and/or provide customized email communications to you;
  - we agree that we will use your Registration Data and any other personal information in accordance with our Privacy Policy, which you can view at sage.fm/privacy.
Legal Capacity
1. You must be 16 or over to register as a User of the Service.
2. Any Engagement and/or purchase made by you using this Service is an acknowledgement by you that you meet the specified age requirement, you accept these Terms of Service and agree that you have entered into a legal contract with Sage.fm in relation to these Terms of Service.
3. Sage.fm reserves the right to take legal action and seek compensation for any loss or damage it may suffer as a result of a transaction entered into by a Minor, from the parent or guardian of a Minor who is responsible for an Engagement.

Pricing
1. All prices listed on the Service are in Australian Dollars unless otherwise specified. Prices might otherwise be listed in British Pounds, Euros, US Dollars or any other nominated currency, as deemed necessary by Sage.fm from time to time.
2. All prices listed on the Service include GST unless otherwise specified.
3. All prices displayed on the Service are subject to change without notice. Prices for an Engagement are fixed once your Engagement has been confirmed. Subsequent price changes, whether denoting an increase or a decrease, will not be retroactively applied to confirmed Engagements.
4. Promotional discount codes may be given at the sole discretion of Sage.fm on Terms of Service notified at the time of the relevant offer.
5. If a discount code is entered at the checkout, it has the effect of applying a discount equally across the entire Engagement, including associated Service Fee.
6. Sage.fm reserves the right to refuse a User from having an Engagement.

Engagements
1. You may request to have an Engagement by registering with Sage.fm and providing us with your payment details.
2. Listings for Engagements with Sages on the Service do not constitute an offer to purchase the Engagement, but rather, an invitation to request an Engagement. By requesting to Engage with a Sage, you make an offer to us to have an Engagement based on these Terms of Service that the Sage may accept.
3. Sage.fm is an online business and will primarily communicate with Users via email. It is the User’s responsibility to ensure the correct contact details are entered and that the nominated email address is regularly checked for correspondence.
4. Each Engagement (once confirmed) represents a separate agreement.
5. Sage.fm reserves the right to not accept any Engagements.
6. Sage.fm, at its sole discretion, may cancel your Engagement at any time prior to its commencement.
7. In the event of a cancelled Engagement, funds paid in relation to that Engagement will be refunded as soon as is reasonably practicable. You will be provided with email acknowledgement of the cancellation and refund.
8. Notwithstanding anything to the contrary, while Sage.fm employs a variety of technological measures to ensure that Engagements take place free from interference, connectivity issues can affect any online platform. Sage.fm accepts no responsibility for Engagements that are declined or not accepted due to disruptions with Internet connections. If an Engagement is unable to take place due to bandwidth or connectivity issues, the User will not be charged. However, both Users and Sages will still be liable to pay if successful Engagements are disrupted or cut short due to connectivity issues.

Payment
1. Engagements with a Sage can only proceed once a User has entered payment details. Sage.fm will only process payments once a payment method, such as a credit card, has been verified.
2. Payment for Engagements will be processed immediately upon completion of an Engagement. Payment processing services for Sages and/or Associations on Sage.fm are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms of Service or continuing to operate as a Sage or Association administrator on Sage.fm, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Sage.fm enabling payment processing services through Stripe, you agree to provide Sage.fm accurate and complete information about you and your business, and you authorize Sage.fm to share it and transaction information related to your use of the payment processing services provided by Stripe.
3. Stripe can take up to three days before payment is deposited into a User’s account.
4. You acknowledge that Sage.fm may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
5. If your nominated payment method triggers Sage.fm’s internal suspect transaction protocols, Sage.fm may contact you to confirm additional details, or rescind the transaction. In this case, until your request for an Engagement has passed our security protocols, it will not be fulfilled. If you do not provide the requested information within seven (7) days, your request for Engagement will be cancelled and your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.

Non refundable processing fees and handling costs
You acknowledge and agree that any Service Fees paid by you for an Engagement purchased through Sage.fm are non-refundable and under no circumstances will Sage.fm refund (or be required to refund), these fees.
Dispute Resolution
1. You acknowledge that if you have a complaint about the performance of the Agreement or the services provided hereunder, you will contact us.
2. If the complaint is with regard to another User’s poor conduct, we will resolve the issue at our discretion, including by removing the other User from the Site.
3. If the complaint is with regard to a technical issue that substantially affected an Engagement, such as a Sage’s poor Internet connection, and we took reasonable steps to prevent such a technical issue from affecting the Engagement, we will accommodate the rescheduling of that Engagement or, at our discretion, will issue a refund for the Engagement.
4. If the complaint is with regard to our own performance of the Agreement, such as regarding a technical issue caused by us on the Site, we will use best endeavours to resolve the issue with you, which may include, at our sole discretion, issuing a refund for the Engagement.
5. Nothing in these Terms of Service excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.
6. If, following an Engagement, you feel the Sage:
  - was not of acceptable quality;
  - was not fit for its purpose; or
  - did not match its descriptions,
  You may have rights under the Australian Consumer Law to have another Engagement or have the price you paid for the Engagement refunded.
7. Refunds sought under the Australian Consumer Law may take up to 10 business days to be processed.
8. Other than for reasons described in this clause, all payments for Engagements are final and no exchange or refund will be given.

Intellectual Property
1. You acknowledge that all Intellectual Property in any Material on the Service is the property of Sage.fm, or a third party and remains the property of its respective owners. Unless expressly authorised under this Agreement or otherwise, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material. These intellectual property rights are protected by Australian and international laws and nothing in this Agreement gives you a right to use any of them.
2. You may view the Service and its contents for personal and non-commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of the Service or commercialise any information obtained from any part of the Service without the prior written consent Sage.fm or, in the case of third party Material, from the owner of the copyright in that Material.
3. You may not modify or copy the layout or appearance of the Service nor any computer software or code contained in the Service, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Service.

Linking to the Site
1. You may link to the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
2. You must not establish a link from any website that is not owned by you.
3. This Site must not be framed on any other Website. We reserve the right to withdraw linking permission without notice.

Indemnity
1. To the fullest extent permitted by law, you waive, release, discharge and relinquish any and all claims that you have now or may have against Sage.fm which are connected with, arise out of, relate to or are incidental to the use of the Service.
2. You agree to indemnify and to keep indemnified Sage.fm and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by Sage.fm arising out of or in connection with your use of the Service, any breach by you of this Agreement or the use of Sage.fm outside these specifications or other warnings or instructions (including labels) on the Service, accompanying the Engagements or otherwise notified to you from time to time.

Liability
1. You acknowledge that once Sage.fm has processed the order and relayed it to the Sage, Sage.fm has fulfilled its obligations to process your purchase. Any disputes regarding refunds, the products, services, content, actions, failure to act by any Sage or third party in connection with the Sage.fm website, other than a breach of this Agreement, are to the extent permitted by law, between you and the Sage.
2. To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of Sage.fm (in negligence or otherwise) is limited (at the option of Sage.fm) to these Terms of Service. You agree that Sage.fm shall not be held liable for any indirect or consequential loss.

Privacy
1. We gather personal information about our customers for the purposes of:
  - marketing, supplying or delivering our service to you; and
  - expanding our business.
2. Sage.fm is committed to protecting your privacy and personal information because of our legal and ethical commitment to comply with relevant law and more importantly, because we know that you care how information about you may be used and shared.
3. Further details about our practices relating to the collection, use, disclosure and storage of your personal information are available here: sage.fm/privacy

General
1. Sage.fm reserves the right to make changes to these Terms of Service without notice.
2. Any provision of this Agreement that is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
3. A failure or delay by Sage.fm to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by Sage.fm does not preclude its future ability to exercise that or any other power or right.
4. This Agreement is governed by, and must be construed according to, the law of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts in that State.

If you have any questions, please contact us.

Sage.fm Terms of Service

Last updated March 24, 2019

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