Last updated May 27, 2021
AGREEMENT TO TERMS
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Sell or otherwise transfer your profile.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITE AND CONTENT
We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
These Terms shall be governed by and defined following the laws of Australia. CAREER TECHNOLOGIES PTY LTD and yourself irrevocably consent that the courts of Australia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be one (1). The seat, or legal place, of arbitration shall be Brisbane, Australia. The language of the proceedings shall be English. The governing law of the contract shall be the substantive law of Australia.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
1. OUR SERVICE MENTORPLACE ABN: 48647627414 (“MentorPlace” or “us” or “we” or “our”) provides an online platform that connects Mentors (“Mentor” or “you”) with individuals seeking Mentoring services (“Mentee” or “you”) via videoconferencing. You acknowledge that through this Website and Online Platform, we promote Mentors and their provision of Mentor Sessions. In performing this function, you acknowledge and agree that: we do not guarantee the accuracy or validity of Mentor profiles; Mentor profiles are created by each individual Mentor; Mentees are responsible for confirming the identity of their Mentor; Nothing in these terms constitutes or deems any Mentors as our employees or agents. MentorPlace has no control over the Mentoring services or conduct of Mentees, Mentors and other users of the site and services, and disclaims all liability in this regard. If a Mentoring Session is unable to commence, or is interrupted due to technical issues of the site, MentorPlace does not take responsibility for the Mentoring Session – and the Mentor and Mentee are expected to re-schedule their Mentoring session to another time.
2. ACCOUNT General In order to access the Online Platform as either a Mentor or Mentee, you must register to create an account. To register an account you must: - be at least 18 years old; - have legal capacity to understand and accept these Terms & Conditions; - provide certain personal information, including but not limited to, your full name, address, a valid email address. We maintain the right to reject or ban the registration of accounts at our discretion. MENTOR: By registering an account, you consent to our disclosure of your personal information to potential Mentees and to our marketing of your profile. You are responsible for keeping secure and confidential your account login details. If you register via the website to serve as a Mentor, you represent and warrant to MentorPlace that you (i) have requisite knowledge and experience in the categories and industries you select to provide Mentoring services to Mentees; (ii) will utilise Mentee-paid Mentoring sessions solely to provide Mentoring services only; (iii) your profile you listed at the time of registration to use the website is correct and true and (iv) will not provide Mentoring services to persons under 18. You understand and agree that Mentees will book sessions via the website in accordance to your pre-defined availability. MENTEE: By registering an account, you consent to our disclosure of your personal information to your selected Mentor. You will not share recordings or screenshots of Mentoring sessions you receive, either publicly or privately without prior written permission from MentorPlace.
3. PAYMENT, FEES AND INVOICING The price specified by the Mentor will be inclusive of Goods and Services Tax (GST) (if applicable) and our thirty (30)% fee (Service Fee) for use of the Website and Online Platform. Our Service Fee will include any GST (if applicable). Only the Mentee is contracted to attend Mentor Sessions with the Mentor, no third parties are to attend the Mentor Sessions unless agreed to by the Mentor. We may reject a Mentee’s order at our absolute discretion if we believe, acting reasonably, a Mentor is unable to provide the Mentee with the Mentor Sessions for any reason whatsoever or if there has been an error in the price charged by the Mentor. In the event we reject a Mentee’s order, we will provide the Mentee with credit for the full amount of any payment received. MentorPlace considers any booked Mentor Session to have successfully taken place unless informed within 24hours post the session was to have taken place.
4. REVIEWS After each Mentor Session the Mentee and Mentor will be invited to complete a feedback form. The feedback form provides you with an opportunity to review your experience with the Mentor Session(s). Once submitted, you will not be able to edit your comments and such comments will be reviewed by MentorPlace, but subsequently made available to your Mentee/Mentor and may be made public via the website so please exercise care when completing this form. You acknowledge and agree that all Mentee/Mentor reviews and all feedback will be the sole and exclusive property of MentorPlace. MentorPlace will review any submitted reviews or feedback prior to publishing, and reserves the right to edit or delete any containing unsavoury or abusive content, or otherwise deemed contrary to these Terms. Any concerns or disputes regarding submitted reviews or feedback can be raised via [email protected]
You accept and submit to the rating system that a Mentee or Mentor can provide a rating based on their experience post a session with the respective individual. Should a Mentee or Mentor fall below the minimum rating threshold of three out of five (3/5) stars. A minimum number of five (5) ratings are required for a user to ascertain an average overall rating, to make visible their rating score, and subsequently determine their account status if falling below the outlined threshold. Concerns or disputes regarding the rating system or consequences resulting from falling below the minimum rating threshold of three out of five (3/5) stars, can be raised to [email protected]
You will not take any actions which may undermine the review system used to solicit feedback and comments from website users, including, without limitation, leaving negative comments if a Mentor fails to perform some action that is outside the scope of the Mentoring services, or for another untruthful or malicious reason. If you decide to provide feedback, comments and suggestions for improvements to the Site or Services, you may do so by emailing us at [email protected]
You acknowledge and agree that if you submit any feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the feedback for any purpose.
5. REFERRAL PROGRAM Referring Users are eligible to receive a 15% Referral Discount on their next booking, for each new user who creates their own account resulting from the Referring User’s Referral Link, and only after MentorPlace records payment receipt for the new user’s first booked session. New users resulting from Referring User’s Referral Links, are eligible to receive a 15% discount on their first booking with a Mentor. MentorPlace retains the right to change the Referral Discount amount at any time.
6. WARRANTIES AND OUR LIABILITY We do not make any warranties or guarantees as to the Mentors who are registered on our Online Platform including without limitation, any guarantee the Mentor Sessions will be of a particular quality or standard. You may be entitled to certain guarantees under the Australian Consumer Law, which may be enforced against Mentors. Whilst MentorPlace performs cursory checks on Mentors with each application, MentorPlace cannot and does not accept liability for any misrepresentations, or future misconduct by Mentors. We do not make any warranties or guarantees regarding the qualifications or certifications of Mentors as displayed on their profile. We do not make any warranties or guarantees regarding the quality of advice or views of Mentors given during Mentor Sessions.
7. MENTOR OBLIGATIONS AND WARRANTIES In conducting the Mentor Sessions, you must: - abide by clause 9; - attend the Mentor Sessions as and when booked based on your listed availability with the Mentee; - provide the Mentee with at least 1hour notice prior to a scheduled Mentor Session if you will be unable to attend; - provide the Mentor Sessions with due care, skill and diligence; and act in a proper and professional manner. You represent and warrant in relation to your profile you register, that: - you warrant that any information you provide is accurate and current; - the information is not false, misleading or defamatory; - the information does not contain any obscene or discriminatory language; and you are the sole author of the information on your profile. We reserve the right to edit or remove any information on your profile, or published materials from the Platform.
8. MENTEE’S OBLIGATIONS AND WARRANTIES You must: - abide by clause 9; - attend the Mentor Sessions as and when agreed with the Mentor; and provide the Mentor with at least 1 hour notice prior to a scheduled Mentor Session if you will be unable to attend, but with the understanding that any notice inside 24hours incurs a 50% late notice fee, and only the remaining 50% of the paid sum will be credited to your account.
9. UNACCEPTABLE CONDUCT You must not engage in the following unacceptable conduct when providing or attending Mentor Sessions: - attending a Mentor Session more than 10 minutes late or failing to attend at all without reasonable prior notice; - engage in conduct that risks the health and safety of the Mentor/Mentee; - assault, harass, bully or threaten the Mentor/ Mentee; - use abusive or offensive language; and/or attend a Mentor Session when intoxicated or impacted by drugs.
10. REFUNDS AND TERMINATION If a Mentor acts in contravention of clause 9, the Mentee is entitled to end the session and contact with the offending Mentor, and request a refund or credit equal to the full session fee, by contacting [email protected]
, and providing proof of misconduct. If a Mentee acts in contravention of clause 9, is entitled to end the session and contact with the offending Mentee, and will retain the full session fee normally payable. In this circumstance the Mentee will forfeit any paid sums from sessions whereby they have acted in contravention with clause 9. Any disputes or proof of misconduct should be sent to [email protected]
In the event MentorPlace has already processed payment to a Mentor who is subsequently proved to have acted in contravention with clause 9, MentorPlace has the right to withhold payment from future bookings equal to the sum paid. MentorPlace will use reasonable efforts to process any refund or crediting within thirty (30) days from receipt of a valid request.
11. COMPLAINTS AND DISPUTES We will use reasonable efforts to assist both parties to resolve the complaint. If the complaint or dispute is not resolved within thirty (30) days from the provision of the Mentor Session or the alleged conduct, we will at our discretion, determine how the fees paid by the Mentee should be dealt with.
12. WEBSITE AND PLATFORM Ownership The material on the Website and Platform is our copyright and is owned by us. We reserve all Intellectual Property Rights in the Website, Platform and material contained in it. You may view, download, and print pages from the Website or Platform for your own personal and non-commercial use, provided you do not remove any copyright and trade mark notices contained on the material. You must not: upload, repost or republish material from the Website or Platform (including to any other site on the World Wide Web); “frame” the material on the Website or Platform with other material on any other World Wide Web site. sell, rent or sub-license material from the Website or Platform; show any material from the Website or Platform in public; reproduce, duplicate, copy or otherwise exploit material on the Website or Platform for a commercial purpose; edit or otherwise modify any material on the Website or Platform; or redistribute material from the Website or Platform. We may, in our sole discretion, permit Mentees/Mentors to post, upload, publish, submit or transmit content. By making available any content on or through the website, you hereby grant the following license to MentorPlace, which MentorPlace may exercise solely in connection with MentorPlace’s provision of it’s services: a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense to other users of the services (including Mentors, as applicable), to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such content. DEFINITIONS Intellectual Property means all copyright, trade marks, designs, confidential information, patents, inventions and discoveries; and Intellectual Property Rights means all rights in the Intellectual Property, including current and future, registered and unregistered rights conferred by statute, common law or equity. Mentor Session means a thirty (30) minute meeting between a Mentor and Mentee where the Mentor provides Mentoring or advice. Should the Mentor or Mentee be unable to participate in a Mentoring Session for a full thirty (30) minutes, the Mentor and Mentee may negotiate to make up the remaining time in another session.
Severability: If any provision of these Terms at any time is or becomes void, voidable or unenforceable, the remaining provisions will continue to have full force and effect. Waiver: Unless expressed in writing to you by us, any failure or delay by us in exercising any right, power or privilege available to us will not operate as a waiver of that power or right. Governing Law: these Terms will be construed in accordance with the laws in force in the State of Queensland, and we both agree to submit to the non-exclusive jurisdiction of the courts of Queensland. If you breach any of these Terms & Conditions, MentorPlace will have the right to suspend or disable your Account or terminate these Terms & Conditions, at its sole discretion and without prior notice to you. MentorPlace reserves the right to revoke your access to and use of the website, services and content at any time, with or without cause. In the event MentorPlace terminates these Terms & Conditions for your breach, you will remain liable for all amounts due hereunder. You may cancel your account at any time by sending an email to [email protected]
You acknowledge and agree that MentorPlace does not operate or control the internet and that (1) viruses, worms, Trojan horses, and other undesirable data, or software, or (2) unauthorized users (e.g. hackers) may attempt to obtain access to and damage your data, websites, computers, or networks, MentorPlace shall not be responsible for such activities. You are solely responsible for the security and integrity of your data and systems, no advice or information, whether oral or written, obtained from MentorPlace or through the site, services or content, will create any warranty not expressly made herein. You agree to defend, indemnify, and hold MentorPlace, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the website, services or content, or your violation of these Terms & Conditions.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
CAREER TECHNOLOGIES PTY LTD
6 Wyclif Avenue, Springwood
Brisbane, Queensland 4127
Phone: 0418 185 474