Tiếng Việt
English
Register
The password needs to be at least 12-character long, with at least one uppercase letter, one lowercase letter, one special character, and one number.
or
Already registered?
Forgot Password
CANCELLATION AND REFUND POLICY
Last updated on 15 May 2024
This Cancellation and Refund policy will provide guidance and a legally binding agreement between you, whether personally or on behalf of an entity (“You”, “Users”, “Seller”, “Buyer”, “Businesses”, “Experts”, “Consultant”, “Consultee”, “Trainer”, “Instructor”, “Student”, “Trainee”, “Party”, “Parties”) and Kounselly JSc. (“Company”, “We,” “Us” or “Our”), and between Sellers and Buyers, concerning the dispute resolution and refund policy for transactions made between Sellers and Buyers on our website at https://kounselly.com (“The website”). This Cancellation and Refund policy will govern the following terms and conditions:1. Scope of application
This cancellation and refund policy is applied mainly to buying services on Kounselly’s Consulting marketplace platform.
When buying courses, normally, you can view one or 2 lessons as a demo before placing the order, therefore, courses after purchase are non-refundable. You only be refunded for courses that have technical errors preventing you from learning the course, e.g. courses that are not shown up on your enrolled course page or other technical errors. In this case, we only accept the cancellation and refund if you contact us to report the error within 3 days from your purchasing date. To do this, you can contact us by sending us a support ticket with the subject “course technical error and refund request” through the “Support” link from your user menu on the Logged-in Homepage. After 3 days pass, we will not accept the refund for courses for any reason.
2. General Terms on Customer Right Protection
2.1. General Terms
Kounselly.com respects and diligently complies with the legal regulations regarding the protection of consumers’ rights. Therefore, we request that Sellers, Service Providers, and Instructors on the website provide complete, accurate, honest, and detailed information related to their services and courses. Any fraudulent or deceptive business practices are condemned and must bear full legal responsibility.
We also recommend Buyers always discuss, and ask Sellers about their services for clarification before placing the orders to understand their scope of work and expected service results on delivery. If Sellers send custom offers to Buyers’ request, Sellers are also recommended to communicate well with Buyers to fully understand their requirements as well as explain to Buyers their offers so that both parties understand well what will be done within the service and what will be the expected outcomes on delivery.
We openly disclose the resolution mechanism for disputes arising during transactions on the Kounselly.com website, on the transaction page of the order. When members encounter conflicts or suffer lawful interests, Kounselly.com will be responsible for receiving feedback, addressing related issues, and actively supporting Buyers in protecting their own rights and lawful interests.
Kounselly.com publicly discloses the mechanism and procedures for resolving disputes involving the parties as follows:
(1) Disputes are resolved through dialogue via the chat box, message functionality on the transaction page of the order, or
(2) Disputes are resolved through the mutual cancellation request, or
(3) If a mutual agreement cannot be reached, the resolution will be sought through the arbitration request with Kounselly’s involvement. Kounselly will request evidence from all parties and rely on the stored information and data in Kounselly’s system to resolve the dispute. Kounselly does not accept evidence or information provided outside of its system. Mediation by Kounselly will be conducted on the principles of fairness and transparency for all parties involved. Therefore, Kounselly’s decision is final and binding on all parties concerned. No party will have the right to appeal our decision.
In cases where the fault lies with the Sellers, Kounselly.com requires a full refund of all expenses incurred by the Buyers for using that service or a replacement service of the quality as advertised by the Seller on Kounselly.com if the Buyers agree.
In cases where disputes exceed Kounselly’s authority and ability to resolve, Kounselly.com will seek the intervention of competent legal authorities to ensure the lawful interests of all parties.
2.2. Sellers’ Responsibilities to Customer Right Protection and Penalty Procedure
2.2.1. Sellers’ Responsibilities
As an Expert/Advisor, Sellers need to ensure that the service content posted on the Kounselly.com Platform accurately reflects the description. Prior to and during the provision of services, Sellers should be prepared to earnestly address any issues the Buyers may have. In case there are disputes, Sellers are responsible for cooperating with the Buyers, Kounselly, and competent Government authorities to resolve the conflict. If the disputes are resolved by Kounselly, Sellers accept Kounselly’s decision as final and binding without any complaints. Under the 100% satisfaction policy for the Buyers, in cases where the fault lies with the Sellers, Sellers need to accept a full refund for all expenses incurred by the Buyers for using that service or provide a replacement service of the quality as advertised by the Seller on Kounselly.com if the Buyers agree.2.2.2. Penalty Procedure for Sellers with order cancellations
In principle, Kounselly does not charge commission/platform fees from Sellers for canceled orders. However, to ensure the overall customer experience with Kounselly in general and with the Seller in particular, Kounselly will apply certain penalties to Sellers with multiple cancellations as stipulated by Kounselly from time to time as follows: – Number of canceled orders allowed: 3 orders in a month or 5 orders in 3 months. The canceled orders counted in this policy will not include those that are unsuccessfully paid by Buyers or rejected by Sellers within the timeframe of 24 hours after payment. – Sellers will get a penalty if they have more than 3 canceled orders in a month or 5 orders in 3 months – Penalty and sanction measures for violations: + For the first violation: a warning will be sent to the Sellers and a 15% maintenance fee will be applied for the canceled orders that exceed the accepted number of canceled orders mentioned above. This fee will be automatically deducted from your account balance, or when you withdraw your balance. If your account do not have enough balance, we will send you a payment request. No payment of this penalty will result in your account being locked until the payment is made. + For the second violation: Besides the 15% maintenance fee and regulations about fee payment applied for the first violation, if Sellers violate the policy for the number of accepted canceled orders for the second time, their account will be downgraded by one level and temporarily locked for a month. + For the third violation: Besides the 15% maintenance fee and regulations about fee payment applied for the first violation, if Sellers violate the policy for the third time, their account will be locked permanently.3. Cancellation Policy
3.1. Cancellation Situations
3.1.1. Buyers’ cancellation
Buyers can cancel service orders in the following scenarios: (1) Pending orders: Orders that have pending status can be canceled by Buyers to place another order. (2) Orders waiting for Sellers’ acceptance: Buyers can contact Sellers through the chat box or the “send message” functionality at the end of the transaction page to discuss the cancellation. If Sellers agree, Sellers can cancel the order by refusing/declining the order. (3) Active and in-progress orders: To cancel these orders, Buyers need to contact Sellers through the chat box, the “send message” functionality at the end of the transaction page to discuss the cancellation, then use the mutual cancellation functionality, or ask Kounselly to resolve the dispute if the mutual cancellation is not accepted or responded within 3 days. However, in this case, whether the cancellation will be accepted or not will depend on the implementation progress of the order. (4) Booking services: In principle, the scheduled appointments are fixed and will not be changed to avoid affecting the schedule of the Sellers. However, Buyers can change the appointment if it does not fit their schedule. But they need to notify at least 60 minutes before the appointment for the Sellers to rearrange, and it must be approved by the Sellers. Otherwise, the order will be canceled on mutual agreement. (5) Dissatisfied orders: The work result delivered does not meet Buyers’ satisfaction since it is not as described/discussed between parties. In this case, Buyers need to provide evidence to prove that their dissatisfaction is reasonable. (6) Over-due orders: Orders that are not delivered even though the deadline has passed can be canceled by the Buyers without the Seller’s consent unless both parties have another agreement on the delivery date. This term also applies to the booked appointments in which Sellers do not show up on time (i.e. over 30 minutes late without prior notice and agreement with the Buyers)3.1.2. Sellers’ cancellation
(1) Orders waiting for Sellers’ acceptance: Sellers are given 24 hours after the orders are paid successfully to decide whether they should accept or deny an order. Therefore, if they find that they can not implement the paid orders, they can cancel Buyers’ orders by declining them within 24 hours. (2) Active and in-progress orders: In case Sellers accepted the order but for some reason, Sellers can not implement or continue to implement the order, Sellers can contact Buyers through the chat box, the “send message” functionality at the end of transaction page, and use “Resolution Center” button to send mutual cancellation or ask Kounselly to resolve the dispute if mutual cancellation is not agreed upon or no response for mutual agreement is received within 3 days. (3) Booking services: In the event the Seller can not attend a scheduled appointment due to an unexpected event, the Seller needs to notify the Buyer at least 60 minutes before the appointment to inform about the cancellation/rescheduling. The Seller can contact the Buyer to discuss this matter through messaging tools (via the chat window or messaging section at the end of the order transaction page). If the Buyer agrees to reschedule the appointment, the order will continue, and both parties will agree on a new appointment time. If the Buyer does not agree to reschedule the appointment, both parties will agree to mutually cancel the order using the “Resolution Center” button.3.1.3. Automatically canceled by the system
Orders will be canceled by the system in the following situations: (1) Pending orders are not completed with payment within 24 hours. (2) Orders have been paid but receive no response (either accept or deny) from the Sellers within 24 hours from the time the orders are paid successfully. (3) When either party’s account is banned, the order will also be canceled automatically by our system.3.1.4. Forcefully Cancellation by the admin
In some cases, if we find your orders have problems, including without limitations, spam orders, made by an agent, suspicious orders, making use of our promotion and special offers, payment errors, our system errors, orders that violate our policies and applicable law, and regulations (please refer to our Terms of Service and Operating policy), we will forcefully cancel your order and you will be refunded if there are successfully payments.3.1.5. Cancellation under our decision as a mediator and arbitrator.
a. Our decision is final
Orders will be canceled under our decision when one party sends an arbitration request to us through the “Resolution Center” for our support in resolving your dispute as the last resort. In this case, it is up to us, in the exercise of our discretion, to make the decision based on the evidence provided by both parties and the records in our system. You agree and accept that our decision will be final and binding for both parties to comply with. No party has the right to appeal against our decision.b. Situations in which Buyers can request an arbitration:
(1) The sellers’ delivered work is not as the service description or Buyers’ request description or what the two parties discussed with each other before placing the order and Buyers can provide evidence to prove this. (2) Buyers request modification but Sellers do not deliver the modified work within the committed and agreed timeframe or 3 days from the date Buyers send the request if both parties have no other agreement. (3) Buyers send the request for mutual cancellation, but Sellers do not respond within 3 days from the date Buyers send the request.c. Situations in which Sellers can request arbitration:
(1) In case the Seller sends a request for mutual cancellation, but the Buyer does not agree or respond in 3 days, the Seller can submit an arbitration request to us, explaining your reasons. (2) If the Seller sends a request for extending delivery time to the Buyer, but the Buyer declines or does not respond within 3 days from the date the request is sent, the Seller can send us an arbitration request to support in resolving the dispute. But in this case, the Seller needs to provide us with reasonable reasons, such as: – The Buyer sent the modification request less than 3 days before the delivery deadline and the Seller can explain and prove that he/she needs more time to complete the modification as per the Buyer’s request. – Technical errors from our system – The Seller is sick and has a doctor’s confirmation. – The Seller’s parents/ parents-in-law, spouse, or children are sick and need his/her care. In this case, we also need a doctor’s confirmation. – The Seller has a funeral to attend from one of the following: his/her grandparents, parents, parents-in-law, spouse, children, sisters/brothers, spouse’s sisters/brothers – Force majeure circumstances such as natural disasters, fire, pandemics, and war.3.2. Cancellation Process
3.2.1. Cancellation of unpaid orders
For orders that do not complete the payment successfully, the Buyer can access the transaction page of the order or “My Shopping” page to cancel it by clicking the “Cancel” button, or the order will be automatically canceled within 24 hours if the buyer does not make the payment.3.2.2. Cancellation of Paid orders that are waiting for Sellers’ reponse
Sellers can cancel the orders in two ways: – Sellers refuse the order by clicking the “Refuse” button on the transaction page of the order within 24 hours. – Sellers do not respond to the order within 24 hours and the system will automatically cancel the order.3.2.3. Mutual Cancellation
The mutual cancellation process is implemented as follows: Step 1: Parties who want to cancel the active and in-progress orders use the “Resolution Center” button at the end of the transaction page to open cancellation options. Step 2: Choose the “Mutual cancellation” option and describe your reasons, then send the cancellation request to the other party. Step 3: Wait for the other party’s response within 3 days. if the request is accepted, your order will be canceled by the system. If the request is not accepted or no response is received after 3 days, you can ask Kounselly to resolve the dispute through the “Arbitration request” option.3.2.4. Cancellation through Arbitration process
The process to resolve a dispute via arbitration is as follows:Step 1: Send Arbitration Request
Either party sends an arbitration request to us via the “Resolution Center” button at the end of the transaction page of the order. In this step, you need to explain the reason why you request arbitration and provide us with all the evidence to prove your stand. How can you do so? (1) Click the button “Resolution Center” (2) Choose “Arbitration Request” (3) Send us your reasons in the message box on the popup window appeared after you choose “arbitration request” option and attach additional information/evidence with the message. Evidence that we accept are:- Photos of your chat/message
- Photos of your transaction page
- Your delivered files/photos
- Photos of the service or request page
- The recording of your online meeting for 1-1 consulting sessions
- Anything else that can be checked on our system to prove your positions.
Step 2: Status check and additional evidence provision
Frequently check your order/transaction page, since we may ask for additional evidence or another party may upload counter-evidence and you need to provide additional evidence to prove your stand. To provide additional evidence, you can use the “send message” and “send file” functions at the end of your disputing transaction/order page. Either party is given 3 days to provide additional evidence or counter-evidence. After this period, we will base on the given evidence to resolve the case. If any party fails to give evidence within this period, that party must admit our decision which is made based on available and given evidence without complaints.Step 3: Processing and decision
After sending us all the evidence, the involved parties should wait for our processing, and our decision notification sent to your email after 5 working days from the date we receive all evidence from both parties.- If our decision is in favor of the Buyer, the money will be refunded.
- If our decision is in favor of the Seller, unless the Seller requests a cancellation, the order will be continued.
- Always discuss and exchange information with Sellers/Buyers through our integrated system to have evidence when needed. Kounselly will not solve disputes if the evidence is outside of our system (except the recording of your online meeting for 1-1 consulting sessions).
- Always ask carefully about the service, ask for examples of the service output, and make the request in detail as much as possible. This is to ensure both parties understand thoroughly about the service or the request before placing the order. If the Sellers’ service is not what you require, you should ask for a custom offer. Be sure to read the information provided and explained in the custom offer carefully and ask for clarification if necessary.
3.2.5. Cancellation for overdue or undelivered orders
This process applies to orders that are not delivered even though the deadline has passed, orders with modification requests that are not resent within the timeframe committed or within 3 business working days if no deadline commitment is discussed, and no show-up booking appointments (i.e. over 30 minutes late without prior notice or agreement between parties). – In this case, Buyers go to the transaction page of the order and click on the “Cancel” button. – In case the “Cancel” button does not show up, Buyers can open the “Resolution Center” and choose the “Mutual cancellation” option if both parties mutually agree to cancel the order, or the “Arbitration Request” option if the mutual cancellation agreement can not be reached.4. Refund Policy
4.1. Conditions for Buyers to get a refund under Service Quality Standard
The following situations are considered “Refundable Cases” according to our Refund Policy to ensure Experience Quality Standards for Buyers.
(1) Pending orders: The buyer has placed an order but changes their mind and does not complete the payment. Within 24 hours, the order will be automatically canceled by the system, or the buyer can cancel the order themselves to get a refund.
(2) Paid orders: The Buyer has made the payment, but the Seller rejects the order or does not confirm the order within 24 hours – which is the timeframe for the Seller to confirm whether they accept the order or not.
(3) Mutual cancellation: Both the Buyer and the Seller mutually agree to cancel the order that has been confirmed by the Seller.
(4) Undelivered orders: If the seller fails to deliver the work (via file) on time as committed, the buyer has the right to cancel the order at their discretion, request cancellation through a mutually agreed-upon cancellation request, or Kounselly’s mediation. In any case, whether the seller agrees or not, the buyer will still prevail and be refunded, unless both parties have agreed to an extension of the delivery deadline or the seller provides evidence demonstrating that the failure to complete on time is due to the buyer’s fault or force majeure circumstances.
(5) No show-up for booking services: The Seller fails to conduct the scheduled appointment or arrives more than 30 minutes late without prior notice or agreement with the Buyer, causing the Buyer to leave the online meeting. In this case, the Buyer has the right to cancel the appointment at their discretion, submit a mutual cancellation request, or request arbitration resolution from Kounselly. This situation will be handled similarly to the case where the seller fails to deliver the work as committed on time.
(6) Dissatisfied Orders: If the Seller significantly changes the content of the service after the Buyer has bought the service, or if the outcome of the delivered work differs from the service description or Buyer’s requirements, or from what both parties had discussed and agreed upon when placing the order (unless these differences have been agreed upon by both parties during the execution process). In this case, the Buyer may request for Kounselly’s mediation in resolving the issue if a mutual agreement to cancel the order cannot be reached. To receive Kounselly’s support, the Buyer needs to provide Kounselly with valid evidence recognized and accepted by Kounselly according to Kounselly’s refund policy.
(7) Orders that are canceled through Kounselly’s arbitration: If one of the two parties proposes mutual cancellation but the other party does not respond within 3 days, the proposing party has the right to cancel this proposal and submit an arbitration request to Kounselly. Kounselly will rely on the evidence and reasons provided by both parties to handle the matter fairly and transparently. In cases where the cancellation results in the order not being fulfilled and no costs are incurred for the seller, the money will be refunded to the buyer.
(8) Orders with modification request: If the buyer requests modifications but the seller fails to implement them and fails to resend the revised version within the committed timeframe, Buyers can cancel the order. In cases where there is no commitment regarding the revision timeframe, the revised version must be resent within a maximum of 3 business days, unless otherwise agreed upon by both parties.
(9) Orders with delivery date extension request: If the seller proposes to extend the delivery deadline but the buyer does not approve, then after 3 days, the buyer can submit an arbitration request to Kounselly. The original commitment deadline will serve as the basis for dispute resolution (except in cases where the buyer requests modifications or the seller provides valid, legitimate reasons for extending the delivery deadline).
4.2. How long will the order be refunded? And in which method?
The refund will be sent immediately into your Kounselly account balance right after the cancellation is made. If you want to withdraw the money into your personal bank account, you should make a withdrawal request through your “My payment” page, “Withdraw money” tab. An email will be sent to you to confirm the withdrawal. You need to confirm the withdrawal through this email. Kounselly will process your withdrawal request in 3 – 5 working days from the date you confirm your withdrawal request via email. Our payout date is the 30th of the month when your withdrawal request is approved at the latest.
4.3. In which case Buyers will not get the refund?
Buyers will not get the refund and must accept for the order to continue and to be delivered by Sellers if the decision from arbitration resolution is in favor of Sellers, specifically in the following situations:
(1) Buyers send arbitration requests, but Buyers can not provide us with acceptable evidence or Sellers can provide acceptable counter-evidence to support their position, and/or Buyers fail to provide additional evidence as per our request or to support their stand against Sellers’ evidence.
(2) Buyers asked for modifications and Sellers made reasonable requests for extended delivery time but Buyers refused. If Sellers send us an arbitration request and can provide evidence to prove their reasonable request (solely decided based on our opinion for the reasonability), the order will be continued with extended delivery time and you will not get the refund.
5. Term and modification
This cancellation and refund policy shall remain in full force and effect while you use the Site. We reserve the right to change or modify this policy at any time or for any reason at our sole discretion without notice. We may, but have no obligations to, inform or update you about the changes. Please, therefore, revisit this Cancellation and Refund Policy regularly to stay informed about our cancellation and refund policy.
The date at the top of this Cancellation and Refund Policy indicates when it was last updated.
6. Contact us
If you have any questions about our Cancellation and Refund Policy, please contact us via our “Contact Us” form.
© 2023 Kounselly JSc.
English 
Vietnamese 