Terms of Service

These Terms of Service ("Terms") constitute a binding legal agreement between you and Expatax, governing your right to use the websites, applications, and other offerings from Expatax, including the consultancy services provided by Experts and the TAX AI feature (collectively, the "Expatax Platform").

Our Mission

Our mission is to simplify the complex world of taxation and legal advice for the benefit of expats and retirees. Users can avail themselves of TAX AI and our library of content for general consultations, and be connected to a number of Experts in their fields to get personalised advice.

TAX AI Disclaimer

The TAX AI feature is provided for informational purposes only and is not intended to replace professional tax or legal advice. While we strive to provide accurate and up-to-date information through TAX AI, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the information, products, services, or related graphics contained in TAX AI for any purpose. Any reliance you place on such information is strictly at your own risk.

You should consult with qualified tax professionals or legal advisors for professional advice tailored to your individual circumstances. The Company is not a tax advisory firm and use of TAX AI does not create any advisor-client relationship between you and the Company, or between you and any Company employee or representative.

Experts

Matching With Experts

Expatax's Platform can match you with Expert Services by using criteria like the type of consultation you require, areas of expertise, and availability. You may be able to pick between several choices of Expert depending on the type of consultation and Expert availability. Relevance considers factors like expertise, availability, reviews, customer service history, and more.

You acknowledge that the Company has no general obligation to monitor the use of the platform or verify information provided by our Experts. However, we have the right to review, disable access to, remove, or edit Content to: (i) operate, secure and improve the platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members' and Experts' compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement, or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms.

Where we remove or disable Content, we will notify a Member or Expert and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members, Experts or third parties, or (iii) contravene applicable laws. You may appeal such a decision by contacting our customer service.

Consultations

When you book a consultation, you are agreeing to pay all charges for your consultation including the consultation fee, applicable taxes, and any other items identified during checkout (collectively, “Total Price”). A contract for Expert Services ("Consultation") is formed directly between you and the Expert. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Consultation, including any cancellation policy and any other rules or requirements identified during checkout. It is your responsibility to read and understand these rules and requirements prior to booking a consultation.

A Consultation with an Expert is a scheduled appointment to seek advice, guidance, or information. The Expert retains the right to terminate the consultation if you fail to adhere to their terms, conditions, and professional guidelines.

Specialised Services
Specialised Services entitle you to specialised advice or information from an Expert. These include ongoing tax management or other services other than a Consultation. You are responsible for confirming that you meet any prerequisites or requirements specified by the Expert. You are responsible for informing the Expert of any circumstances that may impact your ability to participate in the Consultation.

Cancellations, Issues, Refunds, and Consultation Modifications

Cancellations, Issues, and Refunds

In general, if you cancel a Consultation, the amount refunded to you is determined by the cancellation policy that applies to that Consultation. If something outside your control forces you to cancel a Consultation, you may be eligible for a partial or full refund. If the Expert cancels, you will not be charged for the cancelled Consultation.

Fees

The Company may charge fees (and applicable Taxes) to Experts and Clients for the right to use the Platform. More information about when service fees apply and how they are calculated can be found on our Service Fees page. Except as otherwise provided on the Platform, service fees are non-refundable. The Company reserves the right to change the service fees at any time and will provide Members notice of any fee changes before they become effective. Fee changes will not affect consultations made prior to the effective date of the fee change. If you disagree with a fee change, you may terminate this agreement at any time pursuant to Section 13.2 (not covered here).

Platform Rules

You must adhere to the following rules and must not assist or encourage others to break or circumvent these rules:

• Act with integrity and treat others with respect
  Do not lie, misrepresent something or someone, or pretend to be someone else. Be polite and respectful when you communicate or interact with others.
• Follow our Non-discrimination Policy and do not discriminate against or harass others
• Do not compromise the Platform
  Do not use bots, crawlers, or other automated means to access or collect data or other content from or otherwise interact with the Platform.
• Only use the Platform as authorised by these Terms
• Do not circumvent Fees
  Do not request, make, or accept a consultation or any payment outside of the Platform to avoid paying fees or for any other reason.
• Honour your legal obligations
  Understand and follow the laws that apply to you, including privacy, data protection, and export laws. If you provide us with someone else's personal information, you must do so in compliance with applicable law and authorise us to process that information under our Privacy Policy.
• Do not use the name, logo, branding, or trademarks of the Company or others without permission

Copyright Notifications

If you believe that Content on the Platform infringes copyrights, please notify us in accordance with our Copyright Policy.

Termination, Suspension, and Other Measures

The agreement between you and the Company reflected by these Terms is effective when you access the Platform (for example, to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.

Termination
You may terminate this agreement at any time by contacting us. The Company may terminate this agreement and your account for any reason by giving you 30 days' notice via email or using any other contact information you have provided for your account. The Company may also terminate this agreement immediately and without notice and stop providing access to the Platform if you breach these Terms, violate our Additional Legal Terms or Policies, violate applicable laws, or we reasonably believe termination is necessary to protect the Company, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.

Member Violations

If (i) you breach these Terms, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) the Company believes it is reasonably necessary to protect the Company, its Members, or third parties; the Company may, with or without prior notice:

• Suspend or limit your access to or use of the Platform and/or your account;
• Cancel pending or confirmed consultations; or
• Suspend or revoke any special status associated with your account.

For minor violations or where otherwise appropriate as the Company determines in its sole discretion, you will be given notice of any intended measure by the Company and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service.

Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at the Company's option), indemnify, and hold the Company (including other affiliates and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature), (ii) your improper use of the Company's Platform, (iii) your interaction with any Expert or other Company Service, including without limitation any injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, consultation, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations, or third-party rights such as intellectual property or privacy rights.

Legal Mandates

The Company may take any action it determines is reasonably necessary to comply with applicable law or the order or request of a court, law enforcement, or other administrative agency or governmental body.

Modifications to these Terms

The Company may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Platform and update the "Last Updated" date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Platform will constitute acceptance of the revised Terms.

Member Accounts

You must register an account to access and use many features of the Company's Platform. Registration is only permitted for legal entities, partnerships, and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Company's Platform under the laws of Malta, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify the Company if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

Disclaimer of Warranties

We provide the Company's Platform and all Content "as is" without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Client, Expert, Expert Service, Consultation or third party; (ii) we do not warrant the performance or non-interruption of the Company's Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Experts (if any) will identify past misconduct or prevent future misconduct. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties will be limited to the maximum extent permitted by law.

Limitations on Liability

Neither the Company (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Company's Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Company's Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Company's Platform, or (iv) publishing or booking of a Consultation, including the provision or use of Expert Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not the Company has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

These limitations of liability and damages are fundamental elements of the agreement between you and the Company. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.

Mandatory Arbitration

You and the Company mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement, or interpretation thereof, or any use of the Company's Platform, Expert Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and the Company agree that the arbitrator will decide that issue.

Any dispute, controversy, or claim arising out of or relating to this contract, or the breach, termination, or invalidity thereof, shall be settled by arbitration, by one arbitrator, in accordance with Part IV (Domestic Arbitration) of the Malta Arbitration Act, 1996 and the Short Form Arbitration Rules of the Malta Arbitration Centre as at present in force. The award shall be final and binding and there shall be no appeal. Notices under this provision should be presented to the Malta Arbitration Centre.

Last reviewed on 12 October 2023