Dispute Policy | eXpertLocal

Dispute Resolution Policy

Notice for Refunds & Cancellations

You should read the Terms of Service for details of the availability and policies related to refunds & cancellations. If you have an issue with an Experience and believe you are entitled to a refund you must let eXpertLocal know within 24 hours, as after this time eXpertLocal may not be able to refund your money and you will have to request a refund from the Host directly.

Notice for Complaints

1 PURPOSE & USE OF THIS POLICY

1.1 eXpertLocal Pty Ltd ABN 50 160 223 638 ("we", "us" or "our") has adopted this Dispute Resolution Policy (DRP) to facilitate fast, fair and consistent resolution of Disputes that may arise between Members (Guests and Hosts) of eXpertLocal using the Site to enquire, book, share & review Experiences.

1.2 As the Site is a platform that connects Members, the conduct of Members is not the responsibly or liability of eXpertLocal as per our Terms of Service. However it is in the interest of the entire community to help everybody work out any issues that arise in an amicable and sensible manner.

1.3 This DRP should be considered in conjunction with our Terms of Service and Privacy Policy, and words used in this DRP may obtain their specific meaning from those documents.

1.4 This DRP does not guide you in a dispute that you may have with eXpertLocal and you should refer to the Terms of Service.

2 WHAT IS A DISPUTE AND HOW CAN IT BE RESOLVED

2.1 For the purposes of this DRP it is important to define what is a Dispute and the ways in which there is a Resolution:

(a) Dispute is where a Member believes that another Member:

i Has not satisfactorily provided an Experience;

ii Has not complied with the Terms of Service;

iii Has broken the law or infringed on another Member's legal rights;

iv Has misled the Member;

v Has acted in an improper, unethical or unconscionable manner (including posting content on the Site);and/or

vi Has not fulfilled a promise or commitment made to the Member; and the aggrieved Member would like something to be done about the Dispute.

If you do not want something done about an issue, then you are making a 'complaint' and should be addressed to either the relevant Member or eXpertLocal, as you see fit.

(b) Resolution is where a Dispute is brought to an end by way of:

i Negotiation. An outcome negotiated between the Members to the satisfaction of all parties;

ii Mediation. An outcome mediated by eXpertLocal to facilitate an outcome to the Satisfaction of all parties;

iii Arbitration. An outcome determined in the absolute discretion of eXpertLocal which the parties have no further input or process for further appeal through eXpertLocal; or

iv External Adjudication. At outcome determined by the involvement of external parties such as the police, courts or professional mediators and/or arbitrators.

The above 4 steps are the hierarchy of resolution processes.

3 WHAT TO DO IN THE EVENT OF A DISPUTE

If you receive a complaint or notice of a Dispute from another Member please treat it seriously and ensure you respond promptly.

3.1 We encourage Members to attempt to resolve Disputes through direct contact by phone or email to resolve any issues. To help resolve your Dispute as quickly as possible, the best thing to do is immediately notify the other Member(s) and negotiate as set out in (a) and (b) below. This should resolve things in most cases.

3.2 Our recommended steps for handling a Dispute to reach a Resolution are as follows:

(a) Notice.

Notify the Member of the Dispute in writing through the website so that it can be recorded for official purposes, setting out:

i The nature of the Dispute;

ii If the Dispute relates to an incident, the details of such, including the time, place and any witnesses;

iii What you would like done to resolve the Dispute;

iv Your desired timeframe for a Resolution; and

v The timeframe for a response.

Send eXpertLocal a notice by email to support@expertlocal.com so that we are aware of the Dispute as well and can monitor the situation and help out if need be.

(b) Negotiate.

Attempt to reach a negotiated outcome with the other Member. You may need to make some concessions, and if you are the subject of the complaint, you may need to offer an apology or make some compensation. Think about what you would expect in the same situation.

You should also refer to the Terms of Service and ensure that you are meeting your obligations. If you have breached the Terms of Service you should try to remedy that breach as quickly as possible.

We recommend allowing 7 days to reach a Resolution through Negotiation.

If you cannot reach a Resolution by Negotiation, then you can set out your concern in writing to eXpertLocal. We will ask all Members involved to provide us with written information so that we can review the information properly. We will always take into account all sides of the story before making a proposal for a Resolution.

We may also intervene in any other manner we see fit, such as telephoning or emailing Members in an attempt to resolve the matter.

Any proposal we offer may not necessarily have to be accepted by the Members. However if during this Mediation process we reasonably believe that one party is in breach of the Terms of Service, we may enforce any rights available under the Terms of Service against the offending Member.

You agree that eXpertLocal is not liable for any Resolution it proposes and that it is under no obligation to attempt to mediate if we feel that it will not be of assistance on that the claimed Dispute is not valid.

We recommend allowing 10-14 days for Mediation; however this may also take longer.

(d) Arbitration.

eXpertLocal may be referred a Dispute in which it is very clear which way it should be resolved. eXpertLocal reserves the right to Arbitrate any such dispute and its decision is final.

However there may also be times when Members will agree to ask eXpertLocal to make a decision on a Resolution when they cannot reach a decision themselves.

In doing so the Members agree that while the decision of eXpertLocal is final it is not eXpertLocal's role to enforce Resolutions, although it may do so where possible or necessary.

For Arbitration, the process is the same as Mediation - we will request each Member to provide us with written information so that we can review the information properly. We will then make our decision and inform the parties.

We recommend allowing 14-21 days for Arbitration; however this may also take longer.

(e) External Adjudication.

There are circumstances where it will be necessary to refer a Dispute or problem to external parties.

Where we believe that a Member has broken the law we will refer that matter to the police for investigation.

Where Members are unhappy with the outcome of Negotiation, Mediation or Arbitration, they may have rights that they can pursue in court.

There are professional mediation and arbitration services which may be better suited to particular disputes which we may recommend.

As External Adjudication is outside of the control of eXpertLocal it is not possible for us to provide any guidance on the process or outcomes.

4 DISCLAIMER

4.1 Limitations.

At all times eXpertLocal reserves the right to withdraw its involvement from any Dispute for any reason.

eXpertLocal is not a dispute resolution service and while it will make every effort to assist Members it is under no obligation to act where it feels it is unsafe, unlawful, irresponsible or otherwise inappropriate to intervene.

You must remember that the extent of eXpertLocal's ability to resolve Disputes is to:

(a) Make Refunds in accordance with the Terms of Service;

(b) Remove or alter content that is on the Site;

(d) Suspend or terminate membership of and/or access to the Site.

4.2 Changes & Updates.

(a) We reserve the right to update this DRP from time-to-time as we see best.

(b) Any changes to the DRP shall be effective immediately and without notice.

4.3 Legally Binding.

It is not possible for us to make this DRP legally binding, however it does make it possible for Members to understand how we will work to resolve Disputes so there are no misconceptions about what we will do in the event of a Dispute.

5 CONTACTING US

5.1 You should address all correspondence with regards to Disputes to support@expertlocal.com. If you need to send us information our postal address is:

eXpertLocal Pty Ltd

PO Box 1694

North Sydney NSW 2059

Australia

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