Terms of Service and User Agreement

3. Platform Overview and General Terms

8. Privacy and Data Protection

Aascendora is committed to protecting your privacy and handling your personal data in compliance with applicable laws. This is a summary; for full details please see our Privacy Policy (which is incorporated by reference into these Terms). In the event of any inconsistency, the Privacy Policy controls regarding personal data usage.

• Compliance with Laws: We adhere to the Australian Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs), which govern how we collect, use, disclose, and store personal information. For users in the European Economic Area (EEA), we comply with the General Data Protection Regulation (GDPR). For Californian users, we comply with the California Consumer Privacy Act (CCPA). We aim to extend similar high standards of privacy protection to all our users globally.
• Personal Data Collected: When you use Aascendora, we collect certain personal data such as your name, contact information, profile details, and messages exchanged on the Platform. For Professionals, we may collect additional data like your professional credentials, identification documents, or payment account details. For Clients, we might collect information about your case needs (which could indirectly contain sensitive info about things like nationality or immigration status) however, that info typically is shared directly with the Professional and is considered confidential between you and that Professional (with Aascendora as facilitator).
• Use of Data: We use your information for purposes of operating the Platform and providing services to you. This includes:
• Facilitating connections and communication between Clients and Professionals,
• Processing payments and orders,
• Verifying identities and qualifications of Professionals (which might involve using third-party verification services),
• Preventing fraud and ensuring trust and safety (we may use data for security monitoring, compliance checks, etc.),
• Sending notifications and updates regarding orders or platform features,
• Improving our services (through analytics of how users navigate the platform, etc.),
• If you opted in, sending marketing communications (you can opt out anytime).
• No Unauthorized Use or Sale of Data: We do not sell or rent your personal information to third-party marketers. We also do not use your data for any purpose unrelated to the functions of our Platform. For example, we won’t trade your contact info to other companies for profit. Data might be shared with third-party service providers strictly to help us run the Platform (for instance, a cloud storage provider, email service for notifications, payment processors, or identity verification partner). All such providers are bound by contracts to only use the data as we instruct, for the purposes of providing their services to us.
• Secure Communication and Storage: We employ enterprise-grade security measures. This includes encryption of data in transit (e.g., HTTPS on our site) and encryption of sensitive data at rest. We have access controls so that only authorized personnel can access user data, and even then, only what's necessary for their role. If you upload documents (like passports, forms, etc.), they are stored securely and are made available only to the parties authorized (like you and the Professional, and minimal necessary internal access for support purposes if needed). Our systems are regularly tested for vulnerabilities. However, no system can be 100% secure, so we also encourage users to practice good security (keep your credentials safe, etc. as described in Section 1).
• Confidentiality of User Communications: We consider the communications between Clients and Professionals on the Platform to be generally private. Our support team will not monitor or read your messages unless needed for trust & safety (for example, a reported dispute or investigation of fraud) or for compliance with law. By using our platform, you consent that we may access and review communications if we have reason to believe there's a breach of these Terms or law, or upon either party's request in a dispute. We treat such information carefully and it’s only used for resolution or investigative purposes.
• Data Retention: We retain user data as long as needed for our business and legal purposes. For example, we keep order transaction records to comply with financial regulations and to have evidence in case of disputes. If you deactivate your account, we may retain certain data as required (such as invoices or communications) but will handle it according to the Privacy Policy.
• User Rights: Depending on your jurisdiction, you have certain rights regarding your personal data. For example, under GDPR, EU users have rights to access, correct, or delete their data, and to object to or restrict certain processing. Californian users have the right to opt-out of certain sharing of personal info. Aascendora’s Privacy Policy and our support channels allow you to exercise these rights (for instance, contacting us to get a copy of your data or to delete your account data). There are limits – e.g., we might not delete data we are required to keep by law, or we might ask for verification of identity before fulfilling sensitive requests.
• Cookies and Tracking: We use cookies and similar technologies to provide and improve our service (for login sessions, preferences, analytics, etc.). Our Cookie Policy (often included in Privacy Policy) details this. By using the site, you agree to our use of cookies. You can control cookies via your browser settings, but some parts of the site may not function properly without them.
• Third-Party Links: If our Platform contains links to third-party sites (for example, a link to a government visa status checking site, or a blog article), clicking those may lead you off our site. Our privacy commitments don’t extend to external sites, so be sure to review their policies.
• Confidentiality in Services: Professionals are expected (and contractually agree, Section 9.10) to keep Client information confidential. While we enforce this as a term of use, note that the primary confidentiality duty is between you and the Professional. Aascendora facilitates a secure environment, but we cannot absolutely guarantee that every Professional will comply. However, we vet Professionals and any breach of confidentiality you report will be taken extremely seriously and could result in Professional termination and potential legal consequences for them. Always exercise caution in what you share; only provide what’s necessary for the service and ensure you’re comfortable with the Professional’s profile/credentials.

For further details, please read the full Privacy Policy on our website. By using Aascendora, you also agree to the practices described there.

9. User Conduct and Prohibited Use

We strive to maintain a professional, secure, and respectful community on Aascendora. These rules apply to all users (Clients, Professionals, or anyone interacting on the Platform).

9.1 General Conduct Expectations

• Professionalism and Respect: You shall communicate and behave in a courteous, constructive manner. Harassment, hate speech, excessive profanity, or discriminatory remarks will not be tolerated. Treat others as you would want to be treated in a professional setting.
• No Hate or Discrimination: You agree not to discriminate against or harass any other user on the basis of gender, race, ethnicity, nationality, religion, sexual orientation, disability, or any other protected attribute. Engaging in such behavior can result in immediate account removal. We are an inclusive platform connecting people globally, and bigotry has no place here.
• Keep It Legal: You must not use Aascendora for any unlawful purposes or to further illegal activities. This includes (but is not limited to) fraud, money laundering, disseminating malware, trafficking of illegal materials, or violating export/import laws and sanctions. If it’s illegal offline, it’s illegal on Aascendora. Users caught doing illegal activities will be banned and may be reported to law enforcement.
• Platform Integrity,  No Circumvention: As mentioned, do not attempt to circumvent the Platform’s systems, especially payments and communication:
• No Outside Payments: All transactions for services offered through Aascendora should go through our Platform. Users (both Clients and Professionals) are prohibited from suggesting or accepting alternative payment arrangements (such as direct bank transfers, cryptocurrency outside the platform, etc.) for initial contacts made on Aascendora. Our revenue model and the safety escrow depend on on-platform payments. Attempts to skirt this will lead to account action.
• No Sharing Contact for Evasion: Before an Order is placed, exchanging personal contact information (email, phone number, Skype, etc.) is generally discouraged unless it’s necessary to further discuss a project and not for the purpose of moving off-platform. We understand immigration cases can be complex, but initial discussions can and should happen via our messaging. After an Order is confirmed, you might need to share certain info for practical reasons (like a phone call for a consultation), which is acceptable. However, any info sharing purely aimed at leaving the platform is forbidden.
• Stay on Platform for Communication: We strongly encourage keeping communication on Aascendora’s built-in chat or order page. This is for your safety and record-keeping. Going off-platform (e.g., continuing discussion solely via personal email) could reduce our ability to assist if something goes wrong. Plus, it could be seen as intent to circumvent if it happens before an order. So please keep it in-app as much as possible.
• Spam and Solicitation: Do not spam other users with offers, requests, or advertisements. Examples of prohibited behavior:
• Sending mass messages or copy-paste promotions to multiple users, especially if unrelated to their posted needs.
• Soliciting users to join competing platforms or services.
• Continuously pestering someone who has declined or not responded, especially with irrelevant content.
• Posting promotional content in areas not intended for that (like in reviews, forum threads off-topic, etc.).
• Authenticity of Profile: You must create an authentic profile:
• Use either your real name or a business name or professional alias that isn’t deceptive. Do not pretend to be another person or entity.
• Your profile description should be truthful. Misleading information about your credentials, experience, or identity is not allowed. You cannot create a profile for someone else or transfer your profile to someone else to operate.
• You agree not to use another user’s account or share an account between multiple individuals (except in cases of an agency/team account feature explicitly permitted by Aascendora).
• Privacy Respect: You may not publish or post other people's private information without their consent. This includes things like addresses, phone numbers, passport details, etc. If a Client gives you personal data as part of a job, you must use it only for that job and protect it (Professionals, recall confidentiality in Section 4.2 and 9.10). Likewise, if in some context you learn personal info about a Professional, you should not share that publicly. We all must protect each other’s privacy.
• No Phishing or Malware: You must not transmit any malicious code, viruses, or engage in phishing attempts on the Platform. Do not send links or attachments claiming one thing but containing malware. That’s immediate grounds for removal and possibly legal action.
• One Account Rule: Except with explicit permission, users are limited to one active account. Creating multiple accounts to gain advantages (like avoiding bad reviews or getting more visibility) is considered abuse. If you have a genuine need for an extra account (for example, separate accounts for two distinct businesses you operate), seek guidance from Aascendora support first. Otherwise, additional accounts will be flagged and disabled. We tie accounts via various detection means, so it’s likely we will notice.
• Selling or Transferring Accounts: You are not allowed to sell, rent, or transfer your Aascendora account. The credibility in your profile (reviews, verification) is linked to you specifically. Transferring it to another person or entity is deceptive to users and not permitted.
• Bots and Automation: You may not use bots, scrapers, or automated scripts to interact with the Platform’s services in unauthorized ways. For instance, you cannot run a script to scrape user information, or use a bot to auto-send messages or bids. Our site should be accessed with standard browsers or official apps, and through our public API if one exists for approved uses. Any attempt to data-mine or excessively crawl our site without permission can lead to blocks and legal consequences.
• No Platform Abuse: Any other behavior that deliberately undermines the operation of Aascendora or another user’s experience can fall here. This might include things like:
• Attempting to hack or DDoS attack our website.
• Using the platform to distribute unsolicited advertising material (“junk mail”).
• Engaging in conduct that could hurt our reputation or that of our community in general.

9.2 Specific Prohibited Content/Service Types

Aascendora focuses on immigration and related professional services. Certain categories of content or services are not allowed on our platform, either due to legal reasons or to maintain quality and trust:

• Illegal Services or Advice: Obvious, but bears repeating: you cannot offer or seek advice that facilitates wrongdoing. For example, a Professional cannot offer to “provide a fake marriage certificate for visa purposes” and a Client cannot ask for such a thing. Any content encouraging fraud (visa fraud, document forgery, etc.) is banned. If it’s spotted, it will be removed and users involved likely banned.
• Academic Work: Professionals should not offer to write academic papers or assignments on behalf of Clients (like writing an essay for a student visa application’s required study plan in a way that constitutes plagiarism). We do not support academic dishonesty. It’s fine to advise a client on how to improve their own written statements, but not to secretly ghostwrite academic submissions that are supposed to be the client’s work.
• Adult/Obscene Content: The platform is for professional services. You should not share pornography, extremely graphic or violent content, or sexually explicit services through Aascendora. This likely won’t come up often given our niche, but the rule stands. (An example violation: a user posting obscene images in chat or soliciting sexual favors – not acceptable.)
• Hate or Violence: No content that promotes hatred, violence, or extremism. If you see any user spreading extremist ideology or threats, report it.
• Spam Profiles or Listings: Creating nonsense listings or irrelevant content on your profile (like advertising completely unrelated goods or posting random text) is not allowed. It will be removed. All listings should be relevant to legitimate immigration or related services.
• Third-Party Terms Violation: You cannot use Aascendora to do things that violate other companies’ terms of service. For instance, you cannot offer a service that involves creating fake social media accounts (violating those social platforms’ rules), or scraping data from websites in violation of their terms, etc. We respect other services’ policies and you shouldn’t engage our platform in a scheme to break them.
• Surreptitious Activities: No solicitation for activities like hacking, penetration testing without authorization, or any “dark web” stuff using our platform. Also, obviously no trading of illicit goods or services. If any user tries to recruit you for something fishy outside the immigration scope, decline and report.

9.3 Platform Enforcement Actions

To maintain a safe and trustworthy environment, Aascendora may take various actions when users violate these conduct rules or any other terms:

• Warnings: For minor first-time infractions, we often issue a warning email and notification outlining what rule was violated. This is a second chance to correct behavior. The warning is recorded on your account. Continued violations after warnings will lead to stronger actions.
• Content Removal: If you post content that violates our rules (profile info, messages, listings, etc.), we may remove or edit that content. For example, if you included a personal email in a profile description, we might remove it. If you posted an inappropriate message, we might delete it or censor the offending part. We are not obligated to restore removed content once the issue is resolved, especially if it clearly shouldn’t have been there.
• Account Hold or Restrictions: Aascendora might place your account on a temporary hold or apply partial restrictions if we are investigating an issue or after a serious violation. A hold may mean you cannot send messages or accept new orders for a period, until the matter is resolved. We might also temporarily hide your profile from search results if needed.
• Suspension or Ban: For serious or repeated violations, your account can be suspended (deactivated) or even permanently banned. Suspension means you cannot log in or use the account. Permanent ban is usually accompanied by account closure. If we ban you, you must not create a new account (see one account rule). We reserve the right to terminate accounts at our sole discretion for violations of these Terms.
• Withholding Payouts: If you are a Professional who violated rules, especially involving fraudulent or illegal activity, we may freeze any pending payouts to you (especially if clients are likely to be refunded). Funds may be returned to clients or, if needed, to victims or authorities.
• Legal Action: In cases of egregious misconduct (fraud, harassment, illegal acts), Aascendora may report you to law enforcement and/or pursue legal action for damages to the platform or its users. This is generally a last resort for severe cases.
• Notification of Actions: If we take significant action on your account (like suspension or removal of a listing), we will usually notify you via email with the reason (general category of violation). You will also be informed of any available appeal process (see Section 9.7 below). Minor actions (like removing a piece of content or an automatic warning for, say, using a prohibited word) might just reflect in your account without a formal notice, but major ones we strive to communicate.
• Trust & Safety Team: Aascendora has a Trust & Safety team dedicated to monitoring and enforcing these rules. They review reports submitted by users and have the authority to apply the above actions. Their decisions are based on our policies and the evidence available.

9.4 Reporting Violations

We rely on our community to help maintain these standards. If you encounter content or behavior that you believe violates these Terms or our guidelines:

• Report Mechanism: Use the Platform’s reporting feature (if available) to flag messages, profiles, or listings that are problematic. On user profiles or messages, there may be a “Report” or “Flag” option. Clicking allows you to send a report to our team. You can typically choose a reason (e.g., harassment, spam, inappropriate content).
• Contact Support: If no in-built tool fits, you can always reach out to our support email legal@aascendora.com or use the Contact form, describing the issue. Provide relevant details like usernames, order numbers, and evidence (screenshots, etc.) if possible.
• Confidentiality of Reports: Reports are kept confidential. The user you report will not know you were the one who reported them (at least not from us unless it’s somehow obvious, like only one possible person could have reported). We do not reveal reporters’ identities for their safety.
• No Retaliation: We do not tolerate retaliation against anyone who reports a problem in good faith. If we find a user harassing someone for reporting them or others, that itself is a violation.
• False Reporting: Do not abuse the report function. Submitting false or malicious reports (trying to get a competitor taken down with lies, e.g.) is itself a violation. Our team can usually discern genuine issues from fake ones, and false reporters may face consequences.
• Investigation: Every report will be reviewed by our Trust & Safety team. Not every report will result in action sometimes what’s reported isn’t actually a violation when context is considered. But each will get fair consideration. We may reach out to parties involved for more information during an investigation.
• Outcome: Due to privacy, we might not always update you on the outcome of your report, but know that we take appropriate action as needed. Major decisions (like banning someone) we often won’t publicly announce; you just may notice that the user is no longer active.

9.5 Appeals and Account Reinstatement

We understand that sometimes mistakes happen or context may change. If your account was actioned (e.g., suspended or content removed) and you believe this was in error or unjust, you have the right to appeal:

• Notices and Appeals: If we take significant action on your account (removal, suspension, etc.), we will send you a notice with a reason and instructions for appeal. Follow those instructions usually, it will involve replying to that email or filling out a form providing your reasons why the action should be reconsidered.
• Appeal Process: When you appeal, present any evidence or arguments clearly and calmly. Our internal review team separate from the initial decision-makers will evaluate your case. They may reverse the decision if it was a mistake or if you've resolved the issue (for example, you were suspended for verification failure and you now provided the needed documents).
• Timeframe: Try to appeal promptly (generally within 30 days of the action, or as specified in the notice). After a long period, data might be archived or deleted and reinstating accounts/content becomes more difficult. If you were banned under EU Digital Services Act conditions (if applicable) and you’re an EU user, we will also inform you of any external dispute body you could contact, but for most users our internal process should suffice.
• Final Decision: Our decision on an appeal is usually final. We give good faith consideration to appeals, but we cannot guarantee reinstatement. If we uphold the ban or action, please respect it and do not attempt to circumvent it.
• EU Users: If you are in the EU and the Digital Services Act applies, and you feel our internal complaint handling didn’t resolve the issue, you may seek mediation via a certified dispute body. However, note that their decision isn’t binding and Aascendora might not be forced to comply if we have strong reasons (the specifics of such a scenario would be governed by the DSA; we mention this for transparency).

9.6 Confidentiality (for Professionals and All Users)

This is important enough to reiterate separately (as Fiverr did). Given the sensitive nature of immigration services, a lot of confidential personal information may be exchanged.

• Professional’s Duty of Confidentiality: If you are a Professional, you must treat all information received from a Client as highly confidential. This includes personal details, documents (passports, financial records, etc.), and any communications. You may not disclose such information to anyone except if required to perform the service (e.g., submitting it to a government form) or by law. You also must not use the information for any purpose other than delivering the agreed service. This obligation continues even after the Order is completed or your account is no longer active. Essentially, consider yourself under a non-disclosure agreement regarding client information.
• Client’s Responsibility: Clients should also respect any confidential information of Professionals. While less common (Professionals typically don’t share sensitive info beyond credentials or guidance), if a Professional shares something marked confidential (like a proprietary checklist or template) for your use, you shouldn’t distribute it elsewhere without permission. Also, any advice given to you is personal to your situation; posting it publicly without context could be sensitive or misused.
• Platform Confidentiality: You should not share any confidential communications from Aascendora either (like personal emails from support or any non-public info about our systems). However, our general operations and terms are public by nature.
• Exceptions: If required by law to disclose information (for instance, a court subpoena or regulatory requirement), you may do so, but you should ideally notify the other party (and Aascendora) if lawful to do so, before disclosing. Professionals who are registered migration agents or lawyers might also have professional obligations to maintain client confidentiality; these Terms intend to complement, not override, those stricter obligations.
• Data Security: All users should employ good security practices to maintain confidentiality. For example, if you download a client’s documents, keep them secure and delete them when no longer needed. Use Aascendora’s secure storage features instead of emailing files if possible, as our system is encrypted. Don’t gossip about cases or brag about details that would reveal someone’s identity or personal story without their consent (even if anonymized, be careful).

10. User-Generated Content and Intellectual Property

10.1 User-Generated Content (UGC)

“User-Generated Content” refers to any content that users (including you) upload, post, or create on Aascendora. This encompasses a wide range: profile descriptions, service listings, messages, attachments, forum posts, reviews, feedback, photos, etc. Essentially, if it’s not content Aascendora staff created but rather a user did, it’s UGC.

• Responsibility for UGC: You are solely responsible for any content you post on the Platform. Aascendora does not pre-approve or pre-moderate all UGC. We operate as a host, meaning content goes live by user action and we may review if flagged or noticed for issues. We do not guarantee the accuracy, quality, or legality of UGC. By posting content, you affirm that:
• You have the necessary rights or permissions to post that content (e.g., you wrote it, or you have a license, or it’s in the public domain).
• The content does not infringe any third-party’s rights, including intellectual property rights (copyright, trademark, etc.), privacy rights, or publicity rights.
• The content is not defamatory, abusive, or illegal in itself.
• Posting it and using it on our Platform does not violate any agreements you have with third parties (for example, if you have an NDA from somewhere else, you can’t ignore it and post that info here).
• Copyright and IP Policies: If you use someone else’s work in your UGC (like a photo or text), you must have permission (or a valid fair use rationale in jurisdictions that allow it). Aascendora respects intellectual property laws. We have an Intellectual Property Claims Policy for takedown requests (similar to DMCA procedures). If we receive a proper infringement notice about content you posted, we may remove or disable that content and notify you. Repeat infringers will have their accounts terminated. (We define repeat infringer generally as anyone who has multiple strikes of valid IP complaints).
• Grant of License to Aascendora: By posting content on our Platform, you grant Aascendora a worldwide, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with providing and promoting the Platform (and our business), in any media formats. For example, if you write a guide in our forum, we might feature it in a blog with attribution; if you post a profile picture, we may resize or display it as needed across the site; if you leave a review, we might quote it on a landing page. This license is necessary for us to operate (otherwise, we technically couldn’t even show your content on someone else’s screen). This license ends when you remove or delete the content from the Platform, except to the extent that we have already used it in marketing materials or it persists in backups. Also, if your content was shared publicly (like in a forum) and others have copied or re-shared it, we can’t force those copies to be erased if not under our control.
• No Monitoring Duty: As a platform, we generally do not monitor all UGC proactively. We may scan certain things (for example, we might have automated systems to detect known malware in attachments or to detect certain keywords indicating scams). But overall, we rely on community reporting and spot checks. This means you might encounter content that is inaccurate or violates rules before we remove it. Use discretion and common sense: just because something is posted on Aascendora doesn’t mean we endorse it or that it’s correct.
• Removal of UGC: Aascendora reserves the right (but not obligation) to remove UGC that violates these Terms or for any reason at our discretion. We might do so without notice in urgent cases. However, we aim to inform users if their content was removed and why, especially if it’s not obvious.
• No IP Ownership Transfer to Aascendora: Apart from the license above, we do not claim ownership over your UGC. If you posted a document or a photo you created, you still own it (subject to whatever agreements you have otherwise). Our license is just to operate and promote as explained.

10.2 Ownership of Deliverables and Services

The allocation of intellectual property rights between Clients and Professionals for work delivered through the Platform is as follows (unless otherwise explicitly agreed between those parties):

• Clients’ Ownership of Delivered Work: When a Client purchases a custom service from a Professional and the service is fully delivered and paid for, the Client is granted all intellectual property rights in the resulting deliverable by default. This includes (but isn’t limited to) any copyright in documents, reports, forms, or creative works produced specifically for the Client. The Professional also waives any moral rights to the delivered work, to the extent permitted by law, meaning the Client can use or modify the work without needing further permission (again, only as far as law allows waiver of moral rights). In practical terms: if a Professional writes a visa cover letter for the Client, the Client can use that letter however needed for their case and beyond, and the Professional cannot later reuse it or claim infringement if the Client shares it (since it’s essentially the client’s document).
• Pre-Existing Materials: If a delivered work includes pre-existing materials to which the Professional already has rights (for instance, a template or a snippet of text the Professional wrote previously, or a publicly available form), the Professional retains ownership of those underlying materials. However, by including them in the delivered work, the Professional gives the Client a license to use them as part of the delivered work. The Client’s rights are broad enough to use the whole deliverable freely, but they might not, for example, have the right to extract the Professional’s template and sell it to others if that wasn’t the intended use – unless it was entirely custom for them. Essentially, the Client gets what they need for their personal/business use of the service outcome, but the Professional isn’t giving away their entire business methods unless it’s part of the deliverable.
• Third-Party Materials: If the Professional incorporates third-party copyrighted material (like a stock photo or a legal template from someone else) into the deliverable, they must ensure they have the appropriate license to do so, and ideally inform the Client of any usage restrictions. If an additional license is needed for the Client to use that material, the Professional should either obtain it or have the Client obtain it (with clear notice). For example, if a Professional uses proprietary software to fill out forms and that software forbids exporting them, they shouldn’t do that without permission. Generally, though, most deliverables in immigration consulting are either original advice or public domain forms, so issues should be rare.
• Portfolio Use by Professionals: Professionals are allowed to use non-confidential portions of delivered work for their portfolio or marketing, only if the Client has explicitly consented or made the content public. For instance, if a Client leaves a positive review mentioning the outcome, the Professional might reference that. But a Professional should not, say, publish a client’s personal visa documents as a “sample” without permission. By default, everything should be treated as confidential. Some Professionals might ask a Client, “may I use your case as a success story (without revealing personal details)?” that’s between them, and if the Client agrees, that’s fine. Aascendora’s stance is that without consent, keep it private.
• Platform License: As noted, by using the platform, you give us rights to display and promote content. This extends to things like logos or trademarks of yours if you upload them (like if a Professional has a business logo in their profile, we can show it). Aascendora’s trademarks (like our logo, SecurePay™, etc.) remain our property and using the platform doesn’t give you rights to use our marks except as necessary to identify the service (e.g., you can say “I use Aascendora” but you can’t brand yourself as our partner without permission).
• Feedback and Reviews: Any reviews or feedback that users provide on the Platform can be used by Aascendora for marketing or improvement purposes. For example, we might compile reviews to show overall satisfaction metrics or quote a testimonial on our homepage (with attribution like first name or username). By leaving feedback, you give us the right to do so. If you don’t want this, probably don’t leave public feedback or inform us and we’ll consider special cases.
• Aascendora Content: All content that Aascendora itself has created (the Platform design, text we wrote, images we provide, our blog content, etc.) is owned by Aascendora or our licensors. Users should not copy or reuse Aascendora’s content outside the platform without permission. For instance, you can’t scrape our site to create a competing service, or use our images in your own marketing, etc. (See also proprietary restrictions below.)

10.3 Proprietary Rights and Restrictions

This echoes what was mentioned in Section 9 and 10 but to emphasize:

• The Platform and all non-UGC content within it are owned by Aascendora or licensed to Aascendora. This includes the software code, design elements, layout, our logos, trademarks, the compilation of listings, and such. Aascendora™, SecurePay™, and other marks we use are our trademarks or service marks. Users don’t gain any ownership of these by using the Platform.
• You agree not to copy, distribute, modify, or create derivative works of any part of the Platform or content that is not your own UGC, except as enabled by the Platform’s functionality. For example, you are allowed to download a document delivered to you (that’s your content now), but you are not allowed to, say, download an entire database of professionals from our site by scraping.
• No Reverse Engineering or Hacking: You cannot attempt to reverse engineer our software, decompile our code, or otherwise try to extract source code or know-how. Similarly, you must not attempt to bypass any security measures or access controls on the Platform.
• No Automated Data Collection: As noted, using bots, spiders, or crawlers to collect information or content from Aascendora is forbidden without our express permission (like a public API usage under terms). We want to protect user data and our content.
• No Framing or Duplication: You cannot frame our website within another website, or mirror our site. Also, you should not use our name or trademarks in metatags or ads in deceptive ways (like bidding on “Aascendora” as a keyword to mislead users to a fake site).
• Technological Measures: If the Platform has certain measures (like watermarks on preview of deliverables, or limitations on download), you should not try to circumvent those.
• Reporting Bugs: If you discover a vulnerability or bug that could potentially compromise others or the Platform, please report it responsibly to us (we appreciate it). Don’t exploit it for personal gain or to harm the service.

Any violation of these proprietary restrictions might not only result in account actions but also legal action for infringement or breach of contract.

10.4 Feedback and Suggestions

We welcome user feedback on how to improve Aascendora. If you choose to give us suggestions, ideas, or other feedback:

• License to Feedback: You agree that Aascendora can freely use, modify, and implement any feedback you provide without any restriction or compensation to you. Essentially, if you suggest a new feature or improvement and we use it, we own the resulting implementation and owe you nothing beyond thanks. This is standard to avoid any IP disputes over ideas.
• We often get similar ideas from multiple users, or our team may already be working on something coincidentally. Don’t assume that just because you suggested it, you have rights to it.
• Of course, this doesn’t apply to your own content or services you offer; it’s specifically about suggestions to us regarding our product or service.

11. Disclaimers and Limitations of Liability

(We know this is dense legal language, but it’s important. This section limits Aascendora’s liabilities to you. We do not override any rights you have under law that cannot be excluded – for example, your rights under the Australian Consumer Law as a consumer, if applicable. Read with that understanding.)

• “As Is” Basis: Aascendora provides the Platform and its services on an “as is” and “as available” basis to the fullest extent permitted by law. This means that we do not guarantee that the Platform will be 100% error-free, uninterrupted, or will meet all your expectations. You use our Platform at your own risk.
• No Warranty: To the extent allowed by applicable law, we disclaim all warranties, whether express, implied, or statutory, including any warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade. We specifically do not make promises that:
• The Platform will always be available or secure, or that it will operate without delays or imperfections (there might be downtime or bugs).
• Any information (including listings or advice provided by users) on the Platform will be accurate or reliable. (Professionals strive to give good info, but Aascendora doesn’t guarantee their accuracy or success.)
• The quality of any services obtained through the Platform will meet your expectations (that’s between Client and Professional; we facilitate but do not ensure outcome).
• Any legal or immigration outcomes (like visa approvals) will occur due to using the Platform. Those decisions are beyond our control.
• Professional Services Disclaimer: Aascendora is not a law firm or registered migration agency, and using our Platform does not create a lawyer-client or agent-client relationship with Aascendora. Any legal or immigration advice is provided solely by the independent Professional to the Client, and that Professional is solely responsible for such advice. We make reasonable efforts to verify credentials of Professionals, but we do not guarantee their qualifications, expertise, or that their advice is correct. Clients should exercise due diligence in selecting and following advice. If a Professional’s advice turns out to be wrong or ineffective, that is something you may pursue with the Professional (potentially via malpractice channels if extreme), but Aascendora is not responsible for it (we didn’t give the advice, we just provided the meeting place).
• Third-Party Services: Our Platform might integrate or link to third-party services (for example, payment gateways, identity verification services, government websites for filing forms, etc.). We do not control those services and thus make no warranty regarding those. Your use of third-party services may be governed by their own terms. We aren’t liable if a third-party service fails or causes you harm, though we’ll try to assist in resolving issues that affect Platform use (like a payment not going through).
• Due Care and Skill (Australia specific): We acknowledge that certain consumer protection laws (like the Australian Consumer Law) may imply guarantees that services will be provided with due care and skill and within a reasonable time. Nothing in this Agreement excludes those non-excludable guarantees. Therefore, our disclaimers are subject to those guarantees. Specifically, we state that we will provide our services with reasonable care and skill; however, if we have done so and yet something still goes wrong, the remaining disclaimers and limitations apply.
• Limitation of Liability: To the maximum extent permitted by law, Aascendora (and its affiliates, officers, employees, and agents) will not be liable for:
• Indirect or Consequential Losses: Any indirect, incidental, special, consequential, or punitive damages. This includes, for example, damages for lost profits, lost business opportunities, loss of data, personal injury, or emotional distress arising out of or related to our Platform or these Terms, even if we’ve been advised of the possibility of such damages.
• Direct Damages Cap: If, notwithstanding the other provisions, Aascendora is found liable to you for any claim arising from the use of the Platform or the Terms (whether in contract, tort, negligence, strict liability, or otherwise), our liability shall be limited to the total amount of fees you paid to us in the six (6) months prior to the event giving rise to the liability, or AUD $100, whichever is greater. (If you are a Client who hasn’t paid any fees directly but only service price, then maybe $0 platform fees, we’d likely use $100 as a floor.)
• Provided We Acted Diligently: Aascendora will not be liable for any loss or damage provided that we have acted with reasonable professional diligence in providing our services. In other words, we’re not liable if we didn’t breach our duty of care. For instance, if a security breach occurs despite us following best practices, we aren’t liable for that breach caused by a rogue actor. Or if a Professional misbehaves and we had verified them and had no reason to suspect issues, we aren’t liable for their misconduct.
• No Liability for User Disputes: If you have a dispute with one or more users (Client or Professional), you release Aascendora from all claims, demands, and damages arising out of or connected with such dispute. We may assist in resolving disputes as a mediator, but ultimately the contract is between you two, and we can’t be held accountable for one party’s failure. For example, if a Professional gives bad advice and you lose money, your claim is against the Professional, not Aascendora.
• Australian Consumer Law: Under ACL, certain services come with non-excludable guarantees (e.g. that services are provided with due care and skill). To the extent we breach such a guarantee and you are entitled to a remedy, our liability is limited (at our option) to either re-supplying the services to you or paying the cost of having the services re-supplied (this is the typical ACL remedy limitation for services that are not for personal/domestic use and cost above a threshold). We do not exclude liability for major failures or for personal injury caused by our negligence or willful misconduct.
• No Liability for Force Majeure: We won’t be liable for any failure or delay in our performance due to causes beyond our reasonable control, such as acts of God, war, acts of government, pandemic, cyber attacks, labor disputes, power failures, or Internet disturbances. If such events occur, we will do our best to resume service as soon as feasible.
• Understanding of Risk: By using the Platform, you acknowledge that there are risks in interacting online and contracting services to be rendered. We do not control what users do or say, and there’s a risk that someone may act dishonestly or unsatisfactorily. We mitigate risk with verification, escrow, and reviews, but cannot eliminate it. Please use common sense and caution in dealings. Except as explicitly promised in these Terms, you bear the risks associated with using an online marketplace.

The limitations above apply to the fullest extent permitted by law, and they apply jointly and severally to our parent, subsidiaries, affiliates, as well as our and their officers, directors, agents, joint venturers, employees, and suppliers. If some jurisdictions do not allow certain disclaimers or limitations, in those jurisdictions our liability will be limited to the maximum extent allowed.

12. Account Suspension, Termination, and Cancellation

(This section explains what happens if you or we terminate your account, and the surviving obligations.)

• Aascendora Termination Rights: We reserve the right to suspend or terminate your account at any time for violations of these Terms or any reason at our discretion (especially for misconduct, fraud, or inactivity). Suspension could be temporary (as mentioned in 9.5) or permanent (termination). If your account is terminated by us:
• You will be notified that your account access is removed. You will no longer be able to log in or use the Platform under that account.
• Any active Orders may be cancelled (with appropriate refunds to the Client and non-payment to the Professional, unless the Professional has already delivered substantially what was promised, in which case we may decide on fair compensation).
• Any funds in your account balance may be held for a period (to settle any potential disputes or chargebacks) and then released to you if appropriate (except if the termination was due to fraud or illegal activity, in which case funds may be handled per legal guidelines).
• Content you have posted may be removed or anonymized, at our discretion, except to the extent we are required to keep it (like accounting records or evidence for disputes).
• You are prohibited from creating a new account. If we find new accounts linked to you, they may be terminated as well.
• User Initiated Deactivation: You have the right to deactivate or delete your account at any time (via account settings or by requesting support).
• If you deactivate, your profile will no longer be visible. However, any pending Orders should either be completed or canceled before you deactivate, as deactivation in the middle of an Order can be complicated. Ideally, finish all transactions first.
• Even after deactivation, certain information is retained by us for legal and operational reasons (as noted, e.g., invoice records or messages that the other party received – we won’t erase messages from someone else’s inbox that you sent). Your reviews given will remain (attributed to an anonymous or deactivated user).
• If you wish to return, you might be able to reactivate by contacting us, unless the account was fully deleted.
• Permanent deletion may be requested, in which case we’ll remove personal data to the extent possible, but again, not things we must keep by law or that are needed to maintain integrity (like we won’t delete your name off contracts you were involved in that other party might need).
• Effect on Contracts: Any Orders that were completed prior to termination remain subject to the terms of the Order. Terminating the account doesn’t undo past transactions. The Professional is still bound to deliver any ongoing commitments unless those are canceled. Clients still have rights to use delivered work. The Terms regarding disputes and ownership etc. continue to apply post-termination for those transactions.
• Surviving Terms: Certain provisions of these Terms survive termination of your account. Basically, any section which by its nature should survive (like IP rights granted, confidentiality, disclaimers, limitation of liability, dispute resolution agreements, and indemnification) will survive. Also, any obligations to pay fees or refunds survive until fulfilled.
• Account Holds for Investigation: Sometimes, we might put a temporary hold on an account while investigating some issue (complaint of fraud, etc.). That is not a final termination, and we will inform you if we need info from you. During such hold, you might not withdraw funds or interact until cleared.
• Community and Data: If your account is terminated or deactivated, note that some contributions (like forum posts) might remain visible under a generic user label (we usually anonymize users to something like “FormerUser123”). We may or may not remove those, depending on if they are useful to others. But all personal attribution is removed.

13. Dispute Resolution and Governing Law

(This section covers how disputes between you and Aascendora (not user-to-user disputes, but user vs. platform) are handled, and what law governs the Terms.)

• Governing Law: This Agreement is governed by the laws of the Commonwealth of Australia, and specifically, for any local matters, the laws of the State of Queensland, Australia, without regard to its conflict of law principles. This means that if there is a dispute that goes to court, the law that will be applied is Australian law (and QLD statutes if relevant).
• Jurisdiction: You agree that any legal action or proceeding relating to these Terms or your use of the Platform that is not subject to arbitration (as discussed below) will be brought exclusively in the courts of Queensland, Australia (specifically, likely the state courts in Brisbane or the federal courts in Brisbane). You consent to the personal jurisdiction of such courts and waive any claim that such forum is inconvenient.
• Negotiation First: If you have any dispute with Aascendora, you agree to first contact us and attempt to resolve it informally. Most disputes can be resolved through our support team. You can email legal@aascendora.com outlining your issue, and we’ll try to resolve it amicably.
• Arbitration (if applicable): If a dispute between you and Aascendora cannot be resolved by negotiation within a reasonable period (say 30 days), we may propose to you that the dispute be resolved by binding arbitration. Arbitration is a private dispute resolution process outside of courts. However, since Aascendora is Australian-based, we will handle this in accordance with Australian arbitration rules. By using our platform, you and Aascendora both have the option to agree to arbitration for a given dispute, but we do not automatically force arbitration unless both sides agree (except if you are a U.S. resident, see below).
• If arbitration is agreed, it would likely be conducted in Brisbane under the rules of an Australian arbitration body, such as the Australian Centre for International Commercial Arbitration (ACICA), by a single arbitrator. The language of arbitration will be English. Each party will bear its own costs, and the arbitrator can award fees/costs at their discretion.
• The arbitration decision will be final and enforceable in any court of competent jurisdiction.
• Litigation: If we don’t go to arbitration, then you or we can bring a lawsuit in court. As said, that’s QLD courts for most cases. If you sue us, it must be in QLD. If we sue you, it would generally be in QLD unless we mutually agree otherwise or as required by law (for example, if you have violated IP rights, we might sue in a jurisdiction to stop that infringement).
• Exception, Local Laws: If you reside in a country where applicable consumer laws require a different dispute resolution mechanism or venue and those laws cannot be waived by contract, then those requirements may apply to you. For example, if some EU law or other gives consumers the right to litigate in their home country for certain types of claims, that might override. But generally, by agreeing to these Terms, you’re agreeing to the Aus/QLD forum.
• Waiver of Class Actions: To the extent permitted by law, you and Aascendora agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. This means:
• You cannot bring a lawsuit against Aascendora as part of a class action or collective action, nor can you join a class action.
• An arbitrator or court cannot combine multiple individuals’ claims or preside over any representative or class proceeding without both you and us agreeing.
• If this class action waiver is found unenforceable (e.g., in some jurisdictions they might not enforce it for certain claims), then the entirety of any agreement to arbitrate may be deemed void for that dispute (meaning the dispute might then proceed in court but on an individual basis).
• The intention is that disputes are handled one-on-one.
• Small Claims Option: If you have a claim that falls within the jurisdiction of a small claims court (generally low monetary value claims), you may choose to pursue it in such a court in your area if permitted, rather than through arbitration or the formal QLD courts, as long as it remains an individual case and not a collective one. (For example, if you’re owed $200 and small claims court is easier, that’s fine as long as it’s just you.)
• U.S. Residents (if applicable): If you are using the Platform from the United States, please note these Terms are intended to be governed by Australian law as above. Typically, U.S. courts will respect a choice of law clause especially in international contracts. By agreeing, you’re also agreeing that any action against us will be in Australia, not in U.S. courts. This is a deterrent to forum-shopping. We do not have a U.S. entity at this time (Aascendora Inc. etc.), so presumably any claim must come to Australia. If you feel something really compels a U.S. jurisdiction (maybe a federal law claim), talk to us; we might still insist on an Aussie forum.
• Prevailing Party: In any litigation or arbitration between you and Aascendora, the prevailing party will be entitled to recover its reasonable attorneys’ fees and costs from the other party, except as prohibited by law. This means if you sue us and lose, you might have to pay our legal fees, and vice versa.
• Time Limits: You agree that any claim you might have against Aascendora must be filed within one (1) year after such claim arose, otherwise it is permanently barred. (This does not apply to IP claims by Aascendora or collection of fees, etc., but for user claims against us, we want to avoid extremely old claims.

14. Indemnification

You agree to indemnify, defend and hold harmless Aascendora Pty Ltd and its affiliates, and their respective directors, officers, employees, and agents (collectively, the “Aascendora Parties”) from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) that arise out of or relate to:

• Your use of the Platform or services obtained through the Platform (for example, if you as a Client misuse a document and it causes legal trouble, or you as a Professional give advice that causes a lawsuit and someone drags us into it, you indemnify us).
• Your breach of these Terms or of any law or rights of any third party. If you violate someone’s rights and they sue us because of something you did on our Platform, you will cover our costs.
• Your content: any claim that content you posted infringes someone’s IP or defames someone, etc.
• Your interactions: any dispute or claim by a third party arising from your interactions with another user (e.g., a Client’s family member sues claiming the Professional’s advice hurt them; or a Professional’s assistant sues claiming they should have been paid via the platform weird examples, but you get it).

This indemnity obligation includes paying for our legal defense of such claims (at our request), including attorneys’ fees, as well as any damages, losses or costs we incur. We’ll try to notify you of any such claim promptly. We have the right to assume the defense of any matter (at our own expense) and you’ll cooperate with us in defending it. You agree not to settle any indemnified claim without our prior written consent (because we may not want a settlement that imposes liability or admission on us, for instance).

The indemnification obligation survives any termination of your account or these Terms.

15. Miscellaneous (General Provisions)

15.1 Changes to Terms

• Updates: Aascendora may modify or update these Terms of Service from time to time. When we do, we will post the revised Terms on the Platform and update the "Last Updated" date at the top. If changes are significant, we will provide a more prominent notice (e.g., email notification or a pop-up on site).
• Acceptance of Changes: By continuing to use the Platform after the new Terms become effective, you are agreeing to the revised Terms. If you do not agree with the updates, you must stop using Aascendora and, if necessary, deactivate your account.
• Material Changes: What constitutes a "material" change is at our discretion, but typically policy additions about new features, changes in dispute resolution, etc., would be flagged to you.
• Regulatory Changes: Sometimes we might have to update Terms quickly to comply with new laws or regulations. We may not always have the luxury of long notice in those cases, but we’ll do our best to inform users.
• No Oral Modifications: Any changes to these Terms must be made in writing by us (i.e., via an updated posting). You cannot alter the Terms with oral statements or by writing something on an Order page, etc. (except the specifics of an Order’s scope between Client & Professional, which is separate).

15.2 Entire Agreement

These Terms (including referenced policies like the Privacy Policy, and any guidelines on the Platform) constitute the entire agreement between you and Aascendora regarding the use of our Platform. They supersede any prior agreements, understandings, or arrangements (whether oral or written) regarding the same subject matter. This means if you had any email exchanges or proposals about terms with us, this document overrides them unless we specifically provided a written exception.

15.3 No Waiver

If we fail to enforce any part of these Terms or delay in doing so, it does not mean we waive our right to enforce that or any other part in the future. For example, if you violate a rule and we don’t immediately act, it doesn’t mean the rule is waived or we can’t act later. Any waiver of any term must be in a written notice from us to be effective.

15.4 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions of the Terms will remain in full force and effect. In other words, the invalid part will be cut out or narrowed, and the rest stays. For example, if the class action waiver is not allowed in your locale for a certain type of claim, it doesn’t nullify the whole Terms – just that part is adjusted for that case.

15.5 Assignment

Aascendora may assign or transfer its rights and obligations under these Terms to another party (for example, if we undergo a merger, acquisition, or sale of assets) without needing your consent. We will notify users if such an assignment occurs if it affects the service. You, however, may not assign or transfer your account or any rights/obligations under these Terms without our prior written consent. Any attempt by you to assign without consent is void. These Terms will bind and benefit any permitted successors or assigns.

15.6 Relationship of Parties

Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchisee relationship between you and Aascendora. You and Aascendora are independent contractors with respect to each other. Likewise, Clients and Professionals are independent contracting parties; a Professional is not an employee of the Client or of Aascendora. You have no authority to bind Aascendora, and vice versa, in any way.

15.7 Notices

• To Users: We may provide notices to you under these Terms by email to the address associated with your account, through private messaging on the Platform, or by posting to the Aascendora website (for general notices). You are responsible for keeping your email updated and for checking our website and your account for notices. Official legal notices might also be sent to any mailing address you provided, if we deem necessary.
• To Aascendora: You may give notice to Aascendora by emailing legal@aascendora.com or registered mail to our Head Office: 

Aascendora Pty Ltd

133 Grey Street, South Brisbane, Queensland 4101 Australia

Please also send a copy to any specific contact we provide for certain types of issues (e.g., copyright agent email for DMCA notices, if available in our IP policy).

Notice will be deemed given: (a) if by email, when the email is sent (provided no bounce or error is received); (b) if by post, when received by us; (c) if by posting on site, immediately upon posting.

15.8 Language and Translation

The official language of these Terms is English. Any translations provided are for convenience. In the event of any inconsistency or ambiguity between the English version and a translated version, the English version prevails. If you are a consumer in a non-English-speaking country, any mandatory provisions of law about language will apply, but generally, we work in English. We encourage you to consult a translator if needed to understand these Terms fully.

15.9 Headings and Interpretation

Headings and section titles in this Agreement are for convenience only and do not affect the interpretation of any provision. In these Terms, the words “including” or “for example” mean “including, but not limited to.” Any reference to “days” means calendar days unless specified as “business days.” Words importing the singular include the plural and vice versa.

15.10 Electronic Acceptance

You agree that by clicking “Join” or “I Agree” or similar, or by actually using the Platform, you are entering into a legally binding contract with Aascendora equivalent to a signed, written contract. The date of your acceptance will be recorded by our systems.

16. Intellectual Property

Aascendora's platform, technology, software features, system architecture, brand assets, documentation, and business processes are protected under Australian and international intellectual property laws, patent no. 2025905092, including the Patents Act 1990 (Cth) and the Copyright Act 1968 (Cth).

All proprietary workflows, SecurePay™ mechanisms, onboarding systems, integrations, interface elements, and related technical or functional assets are the exclusive and registered property of Aascendora Pty Ltd.

No user, Professional, affiliate, vendor, developer, or any third party is permitted to:

• Copy, reproduce, share, or disclose Aascendora’s proprietary systems;
• Reverse engineer, clone, simulate, or replicate any part of the Aascendora platform;
• Reuse, license, commercialize, or derive competing services from Aascendora’s technologies or platform structures;
• Transfer confidential system structure or internal knowledge obtained through platform access to any external party.

Any unauthorized use, production, distribution, or commercialization of Aascendora’s protected systems, tools, or information will be treated as a breach of applicable intellectual property laws.

Violators are subject to immediate legal enforcement, including injunctive relief, statutory penalties, and compensatory damages.

Users uploading or sharing content via the platform retain ownership of their materials but grant Aascendora a limited, non-exclusive, royalty-free license to use, host, reproduce, and display such content solely for operational purposes within the platform.

All parties, including internal contractors, vendors, integration partners, and platform users, are strictly bound by these protections and must refrain from any act that compromises Aascendora’s proprietary systems or content. Aascendora's platform, technology, software features, system architecture, and branding are protected by intellectual property rights, including Australian and international patent laws. All proprietary workflows, SecurePay™ mechanisms, onboarding systems, and associated visual or functional components are the exclusive property of Aascendora Pty Ltd.

No user, Professional, or third party may copy, replicate, reverse engineer, license, or create derivative products based on the Aascendora platform, its tools, or any service workflows offered within. Any unauthorized production or commercialization based on Aascendora’s system is strictly prohibited and may constitute a breach of the Patents Act 1990 (Cth), the Copyright Act 1968 (Cth), and international intellectual property treaties.

Violators will be subject to legal action, including injunctive relief and monetary damages under applicable law. All content, code, and materials provided by Aascendora are protected by intellectual property laws. Users retain rights to their own uploaded content, but grant Aascendora a license to use such content to operate the platform.