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Mentor Selector Pty Limited

 

User Terms & Conditions

 

Terms & Conditions

Mentor Selector Pty Limited. (“MentorSelector”, “our”, “us” or “we”) provides an online platform that connects Mentors with individuals seeking mentoring services via video, text chat, messaging, facilitating face to face meetings and other services (collectively, the “Services”) through our website, accessible at www.MentorSelector.com (the “Site”). The Services include the ability for Users and Mentors (each as defined below) to interact via the MentorSelector platform’s interface or other methods as may be made available by MentorSelector from time to time.

 

Please read carefully the following terms and conditions (“User Terms & Condition”) and our Privacy Policy, which may be found at www.MentorSelector.com/privacy. These User Terms & Conditions govern your access to and use of the Site, Services and Collective Content (defined below) and constitute a binding legal agreement between you and MentorSelector.

 

Key Terms

“Content” means text, graphics, images, software, audio, video, information or other materials.

 

“Collective Content” means, collectively, MentorSelector Content and User Content.

 

“Mentor” means a mentoring or educational services provider accessible via the Site or associated Services. For avoidance of doubt, a Mentor may also be a User of the Site.

 

“MentorSelector Content” means Content that MentorSelector makes available through the Site or Services, including any Content licensed from a third party, but excluding User Content.

 

“Mentoring Services” mean any mentoring or educational services a User may receive from a Mentor related to a User’s MentorSelector account or the Services.

 

“Session” means 1 continuous hour dedicated to mentoring the User. For avoidance of doubt, this may be undertaken via face-to-face meeting, via telephone, online chat or video conference.

 

“User” means a person who completes the account registration process to seek and/or schedule Mentoring Services for his or her self. For avoidance of doubt, a User may also be a Mentor on the Site.

 

“User Content” means Content that a Mentor or User posts, uploads, publishes, submits or transmits to be made available through the Site or Services in connection with the Mentoring Services or otherwise, including, but not limited to, Questions and related answers posted by Users and Mentors via the Services.

 

You understand and agree that MentorSelector acts only as an interface to facilitate communications between Users and Mentors and to collect payment from Users on behalf of Mentors. The site and services comprise an online platform which facilitates the connection between Users and Mentors featured on the site and via the services. You understand and agree that MentorSelector is not a party to any agreements entered between Users and Mentors. Mentors are independent contractors, not employees or agents of MentorSelector. MentorSelector has no control over the mentoring services or conduct of Users, Mentors and other Users of the site and services, and disclaims all liability in this regard.

 

Certain areas of the Site (and your access to or use of certain Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these User Terms & Conditions and terms and conditions posted for a specific area of the Site, Services or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Collective Content, as applicable.

 

You acknowledge and agree that, by accessing or using the site or services, by registering as a User and/or Mentor, searching for a Mentor via the site or services, or by posting any content on the site or through the services, you are indicating that you have read and that you understand and agree to be bound by these User Terms & Conditions, whether or not you have registered via the site. If you do not agree to these User Terms & Conditions, then you have no right to access or use the site, services or Collective Content. If you accept or agree to these User Terms & Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these User Terms & Conditions and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

 

How the Site and Services Work

The Site and Services can be used to facilitate the provision of Mentoring Services via our online platform and its videoconferencing, messaging, text chat and document collaboration and can also facilitate face to face meetings and other services. As stated above, MentorSelector makes available a platform with related technology for Users to connect with Mentors online and conduct the Mentoring Services via our online interface or facilitates face to face meetings as requested by Users and/or Mentors. MentorSelector is not a provider of mentoring services. MentorSelector’s role is solely to facilitate the availability of the Site and Services. Similarly, MentorSelector is not a contracting agent or representative of any Mentor or User. Mentors are independent contractors and are not employees or agents of MentorSelector.

 

As part of the Services outlined above, Mentors will register their details in their profile and outline the price they are willing to charge for 6 or 12 Sessions of Mentoring Services – noting 1 session is classified as a 1 hour continuous block of time dedicated to mentoring the User. Should the Mentor or User be unable to participate in a Mentoring Session for a full hour, the Mentor and User may negotiate to make up the remaining time in another session.

 

Mentoring Sessions are dedicated to the User. Mentors are not to provide Mentoring Services to multiple Users at the same time unless consented to by both Mentor and Mentee. Similarly Users are not expected to bring additional people to Mentoring Sessions with the expectation that the Mentor will provide Mentoring Services to multiple people unless consented to by both the Mentor and Mentee.

 

We encourage sessions to be spread out across the year for the benefit of both the Mentor and Mentee acknowledging the benefits of mentorship takes time. However we note that MentorSelector may, at its own discretion, choose to cancel the remaining Mentoring Sessions and refund the pro-rata amounts to the User less an administration cost of fifty Australian dollars (A$50) if all 6 or 12 Sessions have not been completed within 1 year from payment by the User for Mentoring Services, or if the first Mentoring Service is not undertaken within the first 3 months of payment by the User for Mentoring Service unless this is solely a result of the unavailability of the Mentor. The timeframes outlined above may be extended at the consent of MentorSelector, the User and the Mentor.

 

When a User selects a Mentor, the User may request areas that they wish a Mentor to focus on – this is a guide only. The Mentor makes no guarantee that they can or will focus on these areas.

 

MentorSelector makes no guarantees and takes no responsibility for the accuracy or validity of the Mentor’s profile registered on the Site nor the Mentor’s own assertions. The Users are expected to undertake their own checks and investigations and engage Mentors at their own risk.

 

Please note that, as stated above, the site and services are intended to be used to facilitate the connection of Users and Mentors for the provision of mentoring services. MentorSelector cannot and does not control the services performed by Mentors for Users, or the actions of any Mentors, Users or other users of the Site and Services. MentorSelector is not responsible for and disclaims any and all liability related to any and all actions of Mentors, Users, third parties and other Users of the Site and Services. Accordingly, any meetings (virtual or otherwise) between Users, Mentors or any other third parties and any purchases of Mentoring Services provided by Mentors are done at the User’s sole risk.

 

Eligibility; Account Registration and Usage

In order to access certain features of the Site and Services you must register to create an account (“Account”) and become a “User”. To become a User you must be at least 16 years of age and only Users that are at least 16 years of age may purchase the Mentoring Services (defined below). Any purchase of Mentoring Services by anyone under 16 is expressly prohibited and by doing so you represent and warrant that you are 16 or older.

 

You can register to join the Services as a User directly via the Site or by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to Facebook) via our Site. When you register by logging into an SNS via our Site, we may obtain the Personal Information you have provided to the SNS (such as your “real” name, profile picture, email address, occupation, list of SNS friends and other information you make available via the applicable SNS) from the account you have with such SNS and may use that information to create your account and you will become a User; the information we obtain may depend on the privacy settings you have with the SNS.

 

When you register with MentorSelector and set up your Account, you: (i) agree to provide MentorSelector with accurate and complete information; (ii) agree to promptly update your Account information with any new information that may affect the operation of your Account; and (iii) authorize MentorSelector, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your Account information or the information you provide to us related to any transactions you initiate via the Site and Services. You will not use false identities or impersonate any other person or use a password that you are not authorized to use.

 

You are responsible for safeguarding and maintaining the confidentiality of your login information and corresponding Account information. You agree not to disclose your password to any third party and that you are entirely and solely responsible for any and all activities or actions that occur under your Account, whether or not you have authorized such activities or actions. You will immediately notify MentorSelector of any unauthorized use of your password or Account.

 

You agree that you will not permit, enable, introduce or facilitate (i) persons who do not have an Account to have access to or use the features of the Site and Services only made available to Users; and (ii) other Users to use a specific Mentoring Service through your Account, including at the same time that you are doing so.

 

MentorSelector maintains the right to ban or exclude users at its complete discretion.

 

Privacy

See the MentorSelector Privacy Policy at www.MentorSelector.com/privacy for information and notices concerning MentorSelector’s collection and use of your personal information.

 

Purchasing Mentoring Services

The Mentor has sole discretion on what they charge for 6 and 12 Sessions subject to a floor of fifty Australian dollars (A$50). All prices charged are inclusive of taxes (including 10% Goods & Services Tax (“GST”)), and the MentorSelector commission of 20% of the fee after the GST amount.

 

Please note if the User is located outside of Australia there is no GST deducted, MentorSelector will charge a 20% commission of the full amount listed assuming no GST.

 

Unless you supply MentorSelector (admin@mentorselector.com) with your PayPal account details, a $25 processing fee per session will also be deducted from transfers to you if you reside outside Australia.

 

MentorSelector takes no foreign exchange risk. When the User pays for Mentoring Services upfront, the currency of the User is converted to Australian Dollars. It is then released on a pro-rata basis to the Mentor within 15 business days of when the Mentoring Services are performed by the Mentor at the exchange rate between AUD and the currency of the Mentor at the time of payment by MentorSelector.

 

Both the Mentor and User are invited to provide feedback after each Mentoring Session. The feedback will signal to MentorSelector that a Mentoring Session has been undertaken and completed. Within 15 business days, MentorSelector will process payment to the Mentor (unless there is an objection by the User or the payment details provided by the Mentor are incorrect).

 

Should only the Mentor notify MentorSelector that the Mentoring Session has been undertaken and completed – MentorSelector will email the User within 5 business days for confirmation. If no response is received within 10 business days after the email, MentorSelector will process payment. The User will have no right of refund after payment has been processed.

 

When you choose to purchase Mentoring Services via the Site, you will be required to provide customary billing information such as your name and payment method. You agree to pay MentorSelector for any Mentoring Services upfront and you hereby authorize the collection of such amounts by charging your chosen payment method, either directly by MentorSelector or indirectly, via a third party online payment processor. If you are directed to MentorSelector’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services.

 

You agree to pay the applicable fees and any taxes and other fees that may accrue in relation to use of the Site and Services via your Account, if any. All fees for Mentoring Services are non-refundable, except as expressly provided in these User Terms & Conditions and you agree all sales are final. The selection of and pricing related to Mentoring Services offered via the Site and Services may change at any time, in MentorSelector’s sole discretion.

 

MentorSelector will issue an invoice to the Mentor and Mentee once a Mentoring Session has been completed within a commercially reasonable time after the Mentoring Session is completed. If for some reason there is a discrepancy concerning Mentoring Services charges, please contact us at accounts@MentorSelector.com. MentorSelector may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at MentorSelector’s sole discretion. Notwithstanding the foregoing, MentorSelector is not responsible if your Account is accessed or used by a third party without your permission.

 

Refunds

MentorSelector permits refunds for Mentoring Sessions not performed. However MentorSelector does not allow Mentors to continue Mentoring Users after refunds have been permitted outside of MentorSelector. If MentorSelector suspects or finds that Mentors are continuing to provide mentorship to Users post refund, MentorSelector reserves the right to suspend or ban both Mentor and User from access and use of the Site.

 

If for any reason you are not satisfied with a Mentor after receiving Mentoring Services from such Mentor, please contact us at accounts@MentorSelector.com. All refunds are at MentorSelector’s sole discretion. However as outlined in the Terms & Conditions, MentorSelector does not endorse any Mentor and you are responsible for determining and confirming the identity and suitability of the Mentors interacted with as a result of your use, or use by any third party, of the Site and Services. MentorSelector does not endorse any Mentors. We are not your agent or the agent of any Mentor. We will not be responsible for any damage or harm resulting from your interactions, or those of anyone else, with Mentors or Users.

 

Refunds will be provided on a pro-rata basis on Sessions not undertaken, less fifty Australian dollars (A$50) administration fee and twenty five Australian dollars (A$25) if the refund is made to an overseas account (unless via Paypal). If a User books 12 sessions upfront, however chooses to cancel after 6 sessions, the Mentee will be refunded the difference between the price the Mentor charges for 12 sessions and the price they are willing to charge for 6 sessions less fifty Australian dollars (A$50) administration fee and twenty five Australian dollars (A$25) if the refund is made to an overseas account (unless via Paypal).

 

MentorSelector takes no foreign exchange risk. When the User pays for Mentoring Services upfront, the currency of the User is converted to Australian Dollars. Any refund is at the exchange rate between AUD and the currency of the User at the time of payment by MentorSelector.

 

As outlined above, within 5 business days after a feedback has been received that a Mentoring Service has been performed, MentorSelector will email the User for confirmation that a Mentoring Session has been conducted. If no response is received within 10 business days of the email, MentorSelector will process payment. The User will have no right of refund after payment has been processed.

 

 

Referral Program

The MentorSelector referral program allows Users or Mentors to refer people to become Mentors. Upon successful registration of the Mentor, the referee will be entitled up to a cap of 1,500 Australian dollars (A$1,500) plus 10% GST (if applicable) per Mentor registered, payable based on the mechanism outlined below.

 

MentorSelector charges a 20% commission of Mentor’s fees charged and received. The Mentor’s fee is paid by the Mentee upfront, but released to the Mentor as and when they undertake their mentoring sessions.

 

As the Mentor is paid, MentorSelector will pay half of its commission (net of any fees, charges and taxes) to you for referring the Mentor to MentorSelector. Fees will be paid on an ongoing basis up to the cap of 1,500 Australian dollars (A$1,500) plus 10% GST (if applicable). If the Mentor decides to withdraw from MentorSelector or has been terminated by MentorSelector, the referral fee will cease to be paid with exception to fees already earned from Mentoring Services provided up until the date of withdrawal or termination.

 

The referral fee will continue to be paid to you until the earlier of 1,500 Australian dollars (A$1,500) in aggregate is paid, five years, or the Mentor chooses to withdraw or is terminated from the program. This may mean that the Mentor may mentor multiple mentees or there may be a period of time before the cap is reached.

 

For avoidance of doubt, referral fees are only paid if MentorSelector receives a commission. If MentorSelector needs to run a sales campaign whereby commission is reduced (e.g. from 20% to 10%) to drive more Mentor/User traffic, the referral fee will be maintained at 50% of MentorSelector’s fee, however on the reduced commission charged. The cap of 1,500 Australian dollars (A$1,500) will remain the same however. This is for the long term benefit of both you and the business, as promotions may improve traffic to the site and improve the chances of a person you have referred being chosen by a User.

 

MentorSelector may terminate, suspend or discontinue to referral program at any time for any reason, in its sole discretion, with or without notice to you.

 

Interaction with Mentors and Use of Mentoring Services

MentorSelector acts as a technology service that facilitates provision of Mentoring Services between Users and Mentors and does not make decisions related to the provision of, or otherwise exercise control or supervision over, Mentoring Services or contents thereof. MentorSelector does not endorse any Mentor and you are responsible for determining and confirming the identity and suitability of the Mentors interacted with as a result of your use, or use by any third party, of the Site and Services. MentorSelector does not endorse any Mentors. We are not your agent or the agent of any Mentor. We will not be responsible for any damage or harm resulting from your interactions, or those of anyone else, with Mentors or Users.

 

By using the Site or Services, you, and any third party that may use the Site and Services under your Account, agree (i) any legal remedy or liability that you or such third party seek to obtain for actions or omissions of Mentors, Users or other third parties will be limited to a claim against the particular Mentor, User or the third parties who caused you, or such third party harm; and (ii) not to attempt to impose liability on, or seek any legal remedy from MentorSelector with respect to such actions or omissions. In addition, MentorSelector is not responsible for the use or exchange of any information or advice (in any format) between Mentors and Users. Further, MentorSelector does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, legality or applicability of anything said or written by Mentors or Users.

 

If you ever believe that another User or Mentor has violated law or is defrauding, threatening or endangering anyone, MentorSelector urges you to immediately contact the police directly for help.

 

Ownership

The Site, Services and Collective Content are protected by copyright, trademark, and other laws of Australia and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of MentorSelector and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Collective Content.

 

MentorSelector Licences

Subject to your compliance with the User Terms & Conditions, MentorSelector grants you a limited, non-exclusive, non-transferable licence: (i) to view, download and print any MentorSelector Content solely for your personal and non-commercial purposes; and (ii) to access, modify, edit and download any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicence the licence rights granted in this section.

 

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, licence, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or Collective Content, except as expressly permitted in these User Terms & Conditions. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MentorSelector or its licensors, except for the licenses and rights expressly granted in these User Terms & Conditions.

 

License granted by User

We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Site or Services, you hereby grant the following license to MentorSelector, which MentorSelector may exercise solely in connection with MentorSelector’s provision of the 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 User Content. MentorSelector does not claim any ownership rights in any User Content and nothing in these User Terms & Conditions will be deemed to restrict any rights that you may have to use and exploit any User Content.

 

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to MentorSelector and to the rights in such User Content, as contemplated under these User Terms & Conditions; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or MentorSelector’s use of the User Content (or any portion thereof) on, through or by means of the Site or Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

Third Party Services

You understand and agree that provision of Mentoring Services may require use of a third party website or service (each a “Third Party Service”). Your use of any Third Party Service is voluntary. You shall be solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software you may decide to use to provide the Mentoring Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to use of any Third Party Service. MentorSelector shall not be responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such Third Party Service.

 

Comments on Mentors and Feedback

Mentor Reviews. In connection with your receipt of Mentoring Services, you have the opportunity to leave feedback and make comments about your experience with the Mentor and/or the Mentoring Services  (“Mentor Reviews”) by filling out the review form made available via the Site. MentorSelector advises you to exercise caution and good judgment when leaving such comments. Once you submit your comments via the Site you will not be able to go back and edit your comments, and such comments will be publicly viewable via the Site. You should also be aware that you can be held legally responsible for damage to someone’s reputation if your comments are deemed to be defamatory. MentorSelector has no obligation to monitor or censor comments that are provided by Users, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these User Terms & Conditions, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. MentorSelector disclaims any and all liability relating to Mentor Reviews. Notwithstanding the foregoing, MentorSelector does reserve the right, in its sole discretion, to remove any Mentor Reviews that it deems to be inconsistent with the online activities that are permitted under these User Terms & Conditions.

 

Feedback. We invite you to provide MentorSelector with feedback, comments and suggestions for improvements to the Site and Services (collectively, “Feedback”). You may submit Feedback by emailing us at admin@MentorSelector.com. You acknowledge and agree that all Mentor Reviews and all Feedback will be the sole and exclusive property of MentorSelector. You hereby assign to MentorSelector and agree to assign to MentorSelector all of your right, title and interest in and to all Mentor Reviews and Feedback, including all intellectual property rights therein. At MentorSelector’s request and expense, you will execute documents and take such further acts as MentorSelector may reasonably request to assist MentorSelector to acquire, perfect and maintain its intellectual property rights and other legal protections for the Mentor Reviews and Feedback.

 

You will not take any actions which may undermine the review system used to solicit feedback and comments from 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.

 

General Prohibitions

You agree not to do any of the following:

 

Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (vii) promotes illegal or harmful activities or substances; or (viii) would cause harms to another User’s or Mentor’s computer if downloaded.

 

You also agree not to:

  • Use, display, mirror or frame the Site, or any individual element within the Site or Services, MentorSelector’s name, any MentorSelector trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without MentorSelector’s express written consent;
  • Access, tamper with, or use non-public areas of the Site, MentorSelector’s computer systems, or the technical delivery systems of MentorSelector’s providers;
  • Attempt to probe, scan, or test the vulnerability of any MentorSelector system or network or breach any security or authentication measures; Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by MentorSelector or any of MentorSelector’s providers or any other third party (including another user) to protect the Site, Services or Collective Content;
  • Attempt to access or search the Site, Services or Collective Content or download Collective Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by MentorSelector or other generally available third party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a MentorSelector trademark, logo, URL or product name without MentorSelector’s express written consent;
  • Use the Site, Services or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these User Terms & Conditions;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Services;
  • Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

 

MentorSelector will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law regardless of jurisdiction. MentorSelector may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms & Conditions. You acknowledge that MentorSelector has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these User Terms & Conditions, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. MentorSelector reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that MentorSelector, at its sole discretion, considers to be in violation of these User Terms & Conditions or otherwise harmful to the Site or Services.

 

Links

The Site or Services may contain links to third-party websites or resources. You acknowledge and agree that MentorSelector is not responsible nor liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MentorSelector of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.

 

Attachments

Your use of the Site or Services may involve the exchange of file attachments between you and MentorSelector or a Mentor. MentorSelector is not responsible nor liable for the content of such attachments. You acknowledge sole responsibility for and assume all risk arising from your downloading any such attachments.

 

Modification

MentorSelector reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these User Terms & Conditions, at any time and without prior notice. If we modify these User Terms & Conditions we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these User Terms & Conditions. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified User Terms & Conditions. If the modified User Terms & Conditions are not acceptable to you, your only recourse is to cease using the Site and Services.

 

Termination and Account Cancellation

If you breach any of these User Terms & Conditions, MentorSelector will have the right to suspend or disable your Account or terminate these User Terms & Conditions, at its sole discretion and without prior notice to you. MentorSelector reserves the right to revoke your access to and use of the Site, Services and Collective Content at any time, with or without cause. In the event MentorSelector terminates these User 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 admin@MentorSelector.com

 

Disclaimers

The Site and Services are provided “as is”, “where is”, “as available”, “with all faults” and, to the fullest extent permitted by law, without warranty of any kind. MentorSelector and its licensors disclaim all warranties with respect to the Site and Services including the implied warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties regarding quiet enjoyment, quality of information, quality of advice, security, reliability, timeliness, availability of backed-up data and performance of the Site and Services. MentorSelector does not warrant that the Site and Services will meet your requirements, or that the operation of the Site and Services will be uninterrupted or error-free, or that defects in the Site and Services will be corrected, or that encryption algorithms, associated keys and other security measures will be secure or effective. You acknowledge and agree that MentorSelector 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, MentorSelector 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 MentorSelector or through the site, services or collective content, will create any warranty not expressly made herein. You acknowledge and agree that MentorSelector does not have an obligation to conduct reference checks on or to interview or screen any user of the Site or Services, including, but not limited to, Mentors – it is the responsibility of the User to verify the Mentor’s references. MentorSelector may conduct such reference checks or interviews in its sole discretion. You are solely responsible for all of your communications and interactions with Mentors and other Users of the Site and Services and with other persons with whom you communicate or interact as a result of your use of the Site or Services, including without limitation, any interaction with Mentors or Users via the Services or otherwise. You understand that MentorSelector does not screen or inquire into the background of Mentors, Users or other Users of the Site or Services, nor does MentorSelector make any attempt to verify the statements of Mentors, Users and other Users of the Site or Services. MentorSelector makes no representations or warranties as to the conduct of Mentors, Users or other Users of the Site or Services or their compatibility with any current or future users of the Site or Services. You agree to take reasonable precautions in all communications and interactions with other Users of the Site and Services and with other persons with whom you communicate or interact as a result of your use of the Site or Services. If you have concerns about the identity of a User or Mentor, please contact admin@MentorSelector.com.

 

For avoidance of doubt, if a mentoring session is unable to commence, or is interrupted due to technical issues of the site, MentorSelector does not take responsibility for the mentoring session – and the Mentor and User are expected to re-schedule their mentoring session to another time.

 

Indemnity

You agree to defend, indemnify, and hold MentorSelector, 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 Site, Services or Collective Content, or your violation of these User Terms & Conditions.

 

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Services and Collective Content remains with you. Neither MentorSelector nor any other person or entity involved in creating, producing, or delivering the Site, Services or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, damages resulting from use of the Mentoring Services, including, without limitation, if you choose to meet with a Mentor in person, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these User Terms & Conditions or from the use of or inability to use the Site Services or Collective Content or from any communications, interactions or meetings with Mentors, Users or other Users of the Site or Services or other persons with whom you communicate or interact as a result of your use of the Site or Service whether based on warranty, contract, tort (including negligence), product liability or any other legal theory and whether or not MentorSelector has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will MentorSelector’s aggregate liability arising out of or in connection with these User Terms & Conditions or from the use of or inability to use the Site, Services, Mentoring Services or Collective Content exceed the amounts you have paid to MentorSelector for use of the Site Services, Mentoring Services or Collective Content, if you have made any payments to MentorSelector or fifty Australian dollars (A$50) (whichever is greater), if you have not made any payments to MentorSelector, as applicable, the limitations of damages set forth above are fundamental elements of the basis of the bargain between MentorSelector and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

 

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of MentorSelector used herein are trademarks or registered trademarks of MentorSelector. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

 

Controlling Law and Jurisdiction

These User Terms & Conditions and any action related thereto will be governed by the laws of the State of New South Wales (“NSW”) without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in NSW and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

 

Entire Agreement

These User Terms & Conditions constitute the entire and exclusive understanding and agreement between MentorSelector and you regarding the Site, Services, and Collective Content, and these User Terms & Conditions supersede and replace any and all prior oral or written understandings or agreements between MentorSelector and you regarding the Site, Services, and Collective Content.

 

Assignment

You may not assign or transfer these User Terms & Conditions, by operation of law or otherwise, without MentorSelector’s prior written consent. Any attempt by you to assign or transfer these User Terms & Conditions, without such consent, will be null and of no effect. MentorSelector may assign or transfer these User Terms & Conditions, at its sole discretion, without restriction. Subject to the foregoing, these User Terms & Conditions will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these User Terms & Conditions, will be in writing and given: (i) by MentorSelector via email (in each case to the address that you provide); or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

 

Dispute Resolution

You and MentorSelector agree that any dispute, claim or controversy arising out of or relating to these User Terms & Conditions or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and MentorSelector are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and MentorSelector otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these User Terms & Conditions.

 

General

The failure of MentorSelector to enforce any right or provision of these User Terms & Conditions will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MentorSelector. Except as expressly set forth in these User Terms & Conditions, the exercise by either party of any of its remedies under these User Terms & Conditions will be without prejudice to its other remedies under these User Terms & Conditions or otherwise. If for any reason a court of competent jurisdiction finds any provision of these User Terms & Conditions invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these User Terms & Conditions will remain in full force and effect.

 

Contacting MentorSelector

If you have any questions about these Mentee Terms & Conditions, please contact MentorSelector at admin@MentorSelector.com.

 

Mentor Terms & Conditions

Mentor Selector Pty Limited. (“MentorSelector”, “our”, “us” or “we”) provides an online platform that connects Mentors with individuals seeking mentoring services via video, text chat, messaging, facilitating face-to-face meetings and other services (collectively, the “Services”) through our website, accessible at www.MentorSelector.com (the “Site”). The Services include the ability for Users and Mentors (each as defined below) to interact via the MentorSelector platform’s interface or other methods as may be made available by MentorSelector from time to time.

 

Please read carefully the following terms and conditions (“Mentor Terms & Condition”) and our Privacy Policy, which may be found at www.MentorSelector.com/privacy. These Mentor Terms & Conditions govern your access to and use of the Site, Services and Collective Content (defined below) and constitute a binding legal agreement between you and MentorSelector.

 

Key Service-related Terms

“Content” means text, graphics, images, software, audio, video, information or other materials.

 

“Collective Content” means, collectively, MentorSelector Content and User Content.

 

“Mentor” means a mentoring or educational services provider accessible via the Services. For avoidance of doubt, a Mentor may also be a User of the Site.

 

“MentorSelector Content” means Content that MentorSelector makes available through the Site or Services, including any Content licensed from a third party, but excluding User Content.

 

“Mentoring Services” mean any mentoring or educational services a User may receive from a tutor related to a User’s MentorSelector account or the Services.

 

“Session” means a 1 hour block dedicated to mentoring the User. For avoidance of doubt, this may be undertaken via face-to-face meeting, telephone, online chat or video conference.

 

“User” means a person who completes the account registration process to seek and/or schedule Mentoring Services for his or her self. For avoidance of doubt, a User may also be a Mentor on the Site.

 

“User Content” means Content that a Mentor or User posts, uploads, publishes, submits or transmits to be made available through the Site or Services in connection with the Mentoring Services or otherwise, including, but not limited to, Questions and related answers posted by Users and Mentors via the Services.

 

As a Mentor, your use of the Services is governed by the policies, terms and conditions below. THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM WHICH FACILITATES THE CONNECTION BETWEEN USERS AND MENTORS FEATURED ON THE SITE AND VIA THE SERVICES. YOU UNDERSTAND AND AGREE THAT MENTORSELECTOR IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS AND MENTORS. MENTORSELECTOR HAS NO CONTROL OVER THE MENTORING SERVICES OR THE CONDUCT OF USERS, MENTORS AND OTHER USERS OF THE SITE AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

 

Certain areas of the Site (and your access to or use of certain Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Mentor Terms & Conditions and terms and conditions posted for a specific area of the Site, Services or Collective Content, the former terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Collective Content, as applicable.

 

 

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES, OR YOUR MENTORSELECTOR ACCOUNT, OR BY POSTING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES IN CONNECTION WITH YOUR MENTORING SERVICES OR OTHERWISE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE MENTOR TERMS & CONDITIONS, WHETHER OR NOT YOU HAVE REGISTERED VIA THE SITE. IF YOU DO NOT AGREE TO THESE MENTOR TERMS & CONDITIONS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR COLLECTIVE CONTENT. If you accept or agree to these Mentor Terms & Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Mentor Terms & Conditions and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

 

How the Site and Services Work

The Site and Services can be used to facilitate the provision of Mentoring Services via our online platform and its video conferencing, messaging, and text chat and facilitation of face-to-face meetings.

 

MentorSelector is not a provider of mentoring services. MentorSelector’s role is solely to facilitate the availability of the Site and Services. Similarly, MentorSelector is not a contracting agent or representative of any Mentor or User. Mentors are independent contractors and are not employees or agents of MentorSelector.

 

You are an independent contractor and nothing in this Mentor Terms & Conditions will be construed as establishing an employment or agency relationship between you and MentorSelector. You have no authority to bind MentorSelector by contract or otherwise. You will determine, in your sole discretion, the manner and means by which you provide Mentoring Services in connection with this Mentor Terms & Conditions or as related to the Services or Site, subject to the requirement that you will at all times comply with applicable law. You will not be entitled to any benefits paid or made available by MentorSelector to its employees, including, without limitation, any vacation, sick leave or similar pay or benefit, or to participate in any plans, arrangements or distributions made by MentorSelector pertaining to any bonus, stock option, profit sharing, insurance or similar benefits.

 

As part of the Services outlined above, Mentors will register their details in their profile and outline the price they are willing to charge for 6 or 12 Sessions of Mentoring Services – noting 1 session is classified as a 1 hour continuous block of time dedicated to mentoring the User. Should the Mentor or User be unable to participate in a Mentoring Session for a full hour, the Mentor and User may negotiate to make up the remaining time in another session.

 

Mentoring Sessions are dedicated to the User. Mentors are not to provide Mentoring Services to multiple Users at the same time unless consented to by both Mentor and Mentee. Similarly Users are not expected to bring additional people to Mentoring Sessions with the expectation that the Mentor will provide Mentoring Services to multiple people unless consented to by both the Mentor and Mentee.

 

We encourage sessions to be spread out across the year for the benefit of both the Mentor and Mentee acknowledging the benefits of mentorship takes time. However we note that MentorSelector may, at its own discretion, choose to cancel the remaining Mentoring Sessions and refund the pro-rata amounts to the User less an administration cost of fifty Australian dollars (A$50) if all 6 or 12 Sessions have not been completed within 1 year from payment by the User for Mentoring Services, or if the first Mentoring Service is not undertaken within the first 3 months of payment by the User for Mentoring Service unless this is solely a result of the unavailability of the Mentor. The timeframes outlined above may be extended at the consent of MentorSelector, the User and the Mentor.

 

When a User selects a Mentor, the User may request areas that they wish a Mentor to focus on – this is a guide only. The Mentor makes no guarantee that they can or will focus on these areas.

 

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE CONNECTION OF USERS AND MENTORS FOR THE PROVISION OF MENTORING SERVICES. MENTORSELECTOR CANNOT AND DOES NOT CONTROL THE SERVICES PERFORMED BY MENTORS FOR USERS, OR THE ACTIONS OF ANY MENTORS, USERS OR OTHER USERS OF THE SITE AND SERVICES. MENTORSELECTOR IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL ACTIONS OF MENTORS, USERS, THIRD PARTIES AND OTHER USERS OF THE SITE AND SERVICES. ACCORDINGLY, ANY MEETINGS (VIRTUAL OR OTHERWISE) BETWEEN USERS, MENTORS OR ANY OTHER THIRD PARTIES AND ANY PURCHASES OF MENTORING SERVICES PROVIDED BY MENTORS ARE DONE AT THE PARTIES’ SOLE RISK.

 

Eligibility; Account Registration and Usage

To become a Mentor, provide Mentoring Services, and to be eligible to receive payment for the Mentoring Services you provide, you must register and create an “Account” and be 18 or older. By registering as a Mentor, you represent and warrant you are 18 or older.

 

You can register to join the Service as a Mentor by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited, to Facebook) via our Site. When you register by logging into an SNS via our Site, we will obtain the Personal Information you have provided to the SNS (such as your “real” name, profile picture, email address, list of SNS friends and other information you make available via the applicable SNS) from the account you have with such SNS and use that information to create your account and you will become a User; the information we obtain may depend on the privacy settings you have with the SNS.

 

When you register with MentorSelector and set up your Account, you: (i) agree to provide MentorSelector with accurate and complete information; (ii) agree to promptly update your Account information with any new information that may affect the operation of your Account; and (iii) authorize MentorSelector, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your Account information or the information you provide to us related to any transactions you initiate via the Site and Services. You will not use false identities or impersonate any other person or use a username or password that you are not authorized to use.

 

You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding Account information. You agree not to disclose your password to any third party and that you are entirely and solely responsible for any and all activities or actions that occur under your Account, whether or not you have authorized such activities or actions. You will immediately notify MentorSelector of any unauthorized use of your username, password or Account.

 

You agree that you will not permit, enable, introduce or facilitate (i) persons who do not have an Account to have access to the features of the Site and Services only made available to registered Mentors and (ii) other persons to participate in providing Mentoring Services from your Account.

                       

Privacy       

See the MentorSelector Privacy Policy at mentorselector.com/privacy for information and notices concerning MentorSelector’s collection and use of your personal information.

 

Representations and Warranties

If you register via the Site and Services to serve as a Mentor, you represent and warrant to MentorSelector that you (i) have requisite knowledge in the categories and industries you select to provide Mentoring Services in such subjects to Users; (ii) will utilize User-paid Mentoring Sessions solely to provide Mentoring Services only; (iii) your profile you listed at the time of registration to use the Site and Services is correct and true and (iv) will not provide Mentoring Services to persons under 16. You understand and agree that Users will contact you via the Site and Services and request that you provide Mentoring Services. You have no obligation to provide any Mentoring Services, and any Mentoring Services you may choose to provide are in your sole discretion. If you choose not to provide Mentoring Services, please contact us at Admin@mentorselector.com

 

Interactions with Users and Provision of Mentoring Services

As a Mentor you acknowledge and agree to the following:

  1. (a) MentorSelector acts as a technology service that facilitates the provision of Mentoring Services between Mentors and Users and does not make editorial or managerial decisions concerning, or otherwise exercise control or supervision over, a Mentor’s Mentoring Services, nor will MentorSelector be held responsible for any Mentor’s failure to comply with laws or regulations. Without limiting the terms of the “Limitation of Liability” section below, MentorSelector is not responsible for the use or exchange of any information, files or goods between Mentors and Users. Further, MentorSelector does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Mentors or Users, including, without limitation, the Mentoring Services provided or other information made available through the Site and Services.
  2. (b) You are solely responsible for your interactions with Users. You understand that MentorSelector does not in any way screen Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site or providing Mentoring Services and disclosing personal information to Users. You agree to take reasonable precautions in all interactions with Users. Without limiting the terms of the “Limitation of Liability” section below, your use of the Site and Services and provision of Mentoring Services is at your sole risk and discretion.
  3. (c) MentorSelector reserves the right to contact Mentors and Users, in compliance with applicable law, in order to evaluate compliance with the rules and policies set forth in this Agreement. If you ever believe that a User or another Mentor has violated the law or is defrauding, threatening or endangering anyone, MentorSelector urges you to immediately contact the police directly for help.
  4. (d) You will comply with all applicable local, state, national and foreign laws, treaties and regulations in connection with your provision of Mentoring Services.
  5. (e) You are solely responsible for the content of the communications, assistance and direction that you provide as part of the Mentoring Services.
  6. (f) You are solely responsible for all equipment necessary to access and use the Site and Services and to provide Mentoring Services.
  7. (g) You will not record or otherwise store any Mentoring Service sessions that you provide through the Site or Services.
  8. (h) You will not use the Site or Services or provide Mentoring Services in any manner that harasses a User or another Mentor or could interfere with any other party’s use or enjoyment of the Site, Services or Mentoring Services. You will respect the privacy of others and not use the Site, Services or Mentoring Services for unwelcome, rude or abusive communications or in any other manner as determined by MentorSelector in its sole discretion.
  9. (i) You may not use the Site or Services to contact a User to meet in person. You may not provide Mentoring Services to a User outside of the Site or Services.

 

Payments

The Mentor has sole discretion on what they charge for 6 and 12 Sessions subject to a floor of fifty Australian dollars (A$50). All prices charged are inclusive of taxes (including 10% Goods & Services Tax (“GST”)), and the MentorSelector commission of 20% of the fee after the GST amount.

 

Please note even if the User is located outside Australia, the price listed still stands (with or without GST).

 

Only upon completion of a Mentoring Session will the Mentor be eligible for payment of the pro-rata share of the price they have listed, less taxes, fees, charges and MentorSelector’s commission. The Mentor acknowledges that should Mentoring Sessions not be undertaken, the User has the right to seek and be paid a refund for the Mentoring Sessions not undertaken.

 

You acknowledge and agree that MentorSelector reserves the right, in its sole discretion, to prospectively modify its commision on payments to Mentors at any time. If we modify the commission for Mentor Payments, we will post the modified commission on the Site with thirty (30) days advance notice of the modification effective date or otherwise provide you with notice of the modification. By continuing to provide Mentoring Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified MentorSelector commission amount. If the modified Mentor commission rates are not acceptable to you, your only recourse is to cease providing mentoring services via the Site and Services.

 

MentorSelector takes no foreign exchange risk. When the User pays for Mentoring Services upfront, the currency of the User is converted to Australian Dollars. It is then released on a pro-rata basis to the Mentor within 15 business days of when the Mentoring Services are performed by the Mentor at the exchange rate between AUD and the currency of the Mentor at the time of payment by MentorSelector.

 

Both the Mentor and User are invited to provide feedback after each Mentoring Session. The feedback will signal to MentorSelector that a Mentoring Session has been undertaken and completed. Within 15 business days, MentorSelector will process payment to the Mentor (unless there is an objection by the User or the payment details provided by the Mentor are incorrect).

 

Should only the Mentor notify MentorSelector that the Mentoring Session has been undertaken and completed – MentorSelector will email the User within 5 business days for confirmation. If no response is received within 10 business days after the email, MentorSelector will process payment.

 

MentorSelector will issue an invoice to the Mentor and Mentee once a Mentoring Session has been completed within a commercially reasonable time after the Mentoring Session is completed. If for some reason there is a discrepancy concerning Mentoring Services charges, please contact us at accounts@MentorSelector.com. MentorSelector may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at MentorSelector’s sole discretion. Notwithstanding the foregoing, MentorSelector is not responsible if your Account is accessed or used by a third party without your permission.

 

MentorSelector will provide a payment summary within a commercially reasonable time after the Financial Year ending 30 June.

 

Refunds

Please note that if a Mentor payment sent by MentorSelector to you in accordance with these Mentor Terms & Conditions is later invalidated or reversed for any reason (e.g. a User requests a refund), you will be liable to MentorSelector for the full amount of such Mentor Payment that MentorSelector sent to you and any fees related thereto. This means that you will be responsible for reimbursing MentorSelector in the event of a chargeback, reversal of payment or other claim by a User in this regard.

 

MentorSelector permits refunds for Mentoring Sessions not performed. However MentorSelector does not allow Mentors to continue Mentoring Users after refunds have been permitted outside of MentorSelector. If MentorSelector suspects or finds that Mentors are continuing to provide mentorship to Users post refund, MentorSelector reserves the right to suspend or ban both Mentor and User from access and use of the Site.

 

If for any reason a User is not satisfied with a Mentor after receiving Mentoring Services from such Mentor, please contact us at accounts@MentorSelector.com. All refunds are at MentorSelector’s sole discretion.

 

Refunds will be provided on a pro-rata basis on Sessions not undertaken.

 

Referral Program

The MentorSelector referral program allows Users or Mentors to refer people to become Mentors. Upon successful registration of the Mentor, the referee will be entitled up to a cap of 1,500 Australian dollars (A$1,500) plus 10% GST (if applicable) per Mentor registered, payable based on the mechanism outlined below.

 

MentorSelector charges a 20% commission of Mentor’s fees charged and received. The Mentor’s fee is paid by the Mentee upfront, but released to the Mentor as and when they undertake their mentoring sessions.

 

As the Mentor is paid, MentorSelector will pay half of its commission (net of any fees, charges and taxes) to you for referring the Mentor to MentorSelector. Fees will be paid on an ongoing basis up to the cap of 1,500 Australian dollars (A$1,500) plus 10% GST (if applicable). If the Mentor decides to withdraw from MentorSelector or has been terminated by MentorSelector, the referral fee will cease to be paid with exception to fees already earned from Mentoring Services provided up until the date of withdrawal or termination.

 

The referral fee will continue to be paid to you until the earlier of 1,500 Australian dollars (A$1,500) in aggregate is paid, five years, or the Mentor chooses to withdraw or is terminated from the program. This may mean that the Mentor may mentor multiple mentees or there may be a period of time before the cap is reached.

 

For avoidance of doubt, referral fees are only paid if MentorSelector receives a commission. If MentorSelector needs to run a sales campaign whereby commission is reduced (e.g. from 20% to 10%) to drive more Mentor/User traffic, the referral fee will be maintained at 50% of MentorSelector’s fee, however on the reduced commission charged. The cap of 1,500 Australian dollars (A$1,500) will remain the same however. This is for the long term benefit of both you and the business, as promotions may improve traffic to the site and improve the chances of a person you have referred being chosen by a User.

 

MentorSelector may terminate, suspend or discontinue to referral program at any time for any reason, in its sole discretion, with or without notice to you.

 

No Endorsement

MentorSelector does not endorse any User and you are responsible for determining and confirming the identity and suitability of the Users interacted with as a result of your use, or use by any third party, of the Site and Services. We are not your agent or the agent of any User. We will not be responsible for any damage or harm resulting from your interactions, or those of anyone else, with Mentors or Users. By using the Site or Services, you, and any third party that may use the Site and Services under your Account, agree (i) any legal remedy or liability that you or such third party seek to obtain for actions or omissions of Mentors, Users or other third parties will be limited to a claim against the particular Mentor, User or the third parties who caused you, or such third party, harm; and (ii) not to attempt to impose liability on, or seek any legal remedy from MentorSelector with respect to such actions or omissions.

 

Ownership

The Site, Services and Collective Content are protected by copyright, trademark, and other laws of Australia and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of MentorSelector and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Collective Content.

 

MentorSelector Licenses

Subject to your compliance with the terms and conditions of these Mentor Terms & Conditions, MentorSelector grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any MentorSelector Content solely for your personal and non-commercial purposes; and (ii) to access, modify, edit and download any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

 

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or Collective Content, except as expressly permitted in these Mentor Terms & Conditions. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MentorSelector or its licensors, except for the licenses and rights expressly granted in these Mentor Terms & Conditions.

 

License granted by Mentor

We may, in our sole discretion, permit users of the Services to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Site or Services, you hereby grant the following license to MentorSelector, which MentorSelector may exercise solely in connection with the Services, including promotion of the Services, directly or directly by intermediaries: a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense to other users of the Services (including Users, as applicable), to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content. MentorSelector does not claim any ownership rights in any User Content and nothing in these Mentor Terms & Conditions will be deemed to restrict any rights that you may have to use and exploit any User Content.

 

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to MentorSelector and to the rights in such User Content, as contemplated under these Mentor Terms & Conditions; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or MentorSelector’s use of the User Content (or any portion thereof) on, through or by means of the Site or Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

Feedback

If you decide to provide feedback, comments and suggestions for improvements to the Site or Services (“Feedback”), you may do so by emailing us at admin@mentorselector.com. 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.

 

General Prohibitions

You agree not to do any of the following:

Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.

You also agree not to:

  1. Use, display, mirror or frame the Site, or any individual element within the Site or Services, MentorSelector’s name, any MentorSelector trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without MentorSelector’s express written consent;
  2. Access, tamper with, or use non-public areas of the Site, MentorSelector’s computer systems, or the technical delivery systems of MentorSelector’s providers;
  3. Attempt to probe, scan, or test the vulnerability of any MentorSelector system or network or breach any security or authentication measures; Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by MentorSelector or any of MentorSelector’s providers or any other third party (including another user) to protect the Site, Services or Collective Content;
  4. Attempt to access or search the Site, Services or Collective Content or download Collective Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by MentorSelector or other generally available third party web browsers;
  5. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  6. Use any meta tags or other hidden text or metadata utilizing a MentorSelector trademark, logo URL or product name without MentorSelector’s express written consent;
  7. Use the Site, Services or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Mentor Terms & Conditions;
  8. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
  9. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content;
  10. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Services;
  11. Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
  12. Impersonate or misrepresent your affiliation with any person or entity;
  13. Violate any applicable law or regulation; or
  14. Encourage or enable any other individual to do any of the foregoing.

MentorSelector will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. MentorSelector may involve and cooperate with law enforcement authorities in prosecuting users who violate these Mentor Terms & Conditions. You acknowledge that MentorSelector has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Mentor Terms & Conditions, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. MentorSelector reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that MentorSelector, at its sole discretion, considers to be in violation of these Mentor Terms & Conditions or otherwise harmful to the Site or Services including the reputation of MentorSelector or if the Collective Content appears to be illegitimate.

 

Links

The Site or Services may contain links to third-party websites or resources. You acknowledge and agree that MentorSelector is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MentorSelector of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.

 

Modification

MentorSelector reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Mentor Terms & Conditions, at any time and without prior notice. If we modify these Mentor Terms & Conditions we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms & Conditions. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Mentor Terms & Conditions. If the modified Mentor Terms & Conditions are not acceptable to you, your only recourse is to cease using the Site and Services.

 

Termination and Account Cancellation

If you breach any of these Mentor Terms & Conditions, MentorSelector will have the right to suspend or disable your Account or terminate these Mentor Terms & Conditions, at its sole discretion and without prior notice to you. MentorSelector reserves the right to revoke your access to and use of the Site, Services and Collective Content at any time, with or without cause. In the event MentorSelector terminates these Mentor 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 admin@mentorselector.com.

 

Disclaimers

THE SITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. MENTORSELECTOR AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, QUALITY OF INFORMATION, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY OF BACKED-UP DATA AND PERFORMANCE OF THE SITE AND SERVICES. MENTORSELECTOR DOES NOT WARRANT THAT THE SITE, SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE AND SERVICES WILL BE CORRECTED, OR THAT ENCRYPTION ALGORITHMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE. MENTORSELECTOR DOES NOT WARRANT THAT PROVISION OF MENTORING SERVICES WILL PRODUCE ANY LEVEL OF PROFIT OR BUSINESS FOR YOU OR LEAD TO ECONOMIC BENEFIT.

YOU ACKNOWLEDGE AND AGREE THAT MENTORSELECTOR DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (I) VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA, OR SOFTWARE, OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEBSITES, COMPUTERS, OR NETWORKS. MENTORSELECTOR 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 MENTORSELECTOR OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH MENTORS, USERS AND OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERACTION WITH MENTORS OR USERS VIA THE SERVICES OR OTHERWISE. YOU UNDERSTAND THAT MENTORSELECTOR DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MENTORS, USERS OR OTHER USERS OF THE SITE OR SERVICES, NOR DOES MENTORSELECTOR MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF MENTORS, USERS AND OTHER USERS OF THE SITE OR SERVICES. MENTORSELECTOR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MENTORS, USERS OR OTHER USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OR USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES.

 

For avoidance of doubt, if a mentoring session is unable to commence, or is interrupted due to technical issues of the site, MentorSelector does not take responsibility for the mentoring session – and the Mentor and User are expected to re-schedule their mentoring session to another time.

 

Indemnity

You agree to defend, indemnify, and hold MentorSelector, 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 Site, Services or Collective Content, your provision of any Mentoring Services, or your violation of these Mentor Terms & Conditions.

 

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER MENTORSELECTOR NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE MENTOR TERMS & CONDITIONS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH MENTORS, USERS OR OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MENTORSELECTOR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL MENTORSELECTOR’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE MENTOR TERMS & CONDITIONS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT EXCEED THE MENTOR PAYMENT AMOUNTS MENTORSELECTOR HAS PAID TO YOU IN CONNECTION WITH YOUR PROVISION OF MENTORING SERVICES VIA THE SITE AND SERVICES OR FIFTY AUSTRALIAN DOLLARS (A$50) (WHICHEVER IS GREATER), IF YOU HAVE NOT RECEIVED ANY MENTOR PAYMENTS FROM MENTORSELECTOR, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MENTORSELECTOR AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of MentorSelector used herein are trademarks or registered trademarks of MentorSelector. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

 

Controlling Law and Jurisdiction

These Mentor Terms & Conditions and any action related thereto will be governed by the laws of the State of New South Wales (NSW) without regard to its conflicts of law provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in NSW and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

 

Entire Agreement

These Mentor Terms & Conditions constitute the entire and exclusive understanding and agreement between MentorSelector and you regarding the Site, Services and Collective Content, and these Mentor Terms & Conditions supersede and replace any and all prior oral or written understandings or agreements between MentorSelector and you regarding the Site, Services and Collective Content.

 

Assignment

You may not assign or transfer these Mentor Terms & Conditions, by operation of law or otherwise, without MentorSelector’s prior written consent. Any attempt by you to assign or transfer these Mentor Terms & Conditions, without such consent, will be null and of no effect. MentorSelector may assign or transfer these Mentor Terms & Conditions, at its sole discretion, without restriction. Subject to the foregoing, these Mentor Terms & Conditions will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Mentor Terms & Conditions, will be in writing and given: (i) by MentorSelector via email (in each case to the address that you provide); or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

 

Dispute Resolution

You and MentorSelector agree that any dispute, claim or controversy arising out of or relating to these Mentor Terms & Conditions or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and MentorSelector are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and MentorSelector otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Mentor Terms & Conditions.

 

General

The failure of MentorSelector to enforce any right or provision of these Mentor Terms & Conditions will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MentorSelector. Except as expressly set forth in these Mentor Terms & Conditions, the exercise by either party of any of its remedies under these Mentor Terms & Conditions will be without prejudice to its other remedies under these Mentor Terms & Conditions or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Mentor Terms & Conditions invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Mentor Terms & Conditions will remain in full force and effect.

 

Contacting MentorSelector

If you have any questions about these Mentor Terms & Conditions, please contact MentorSelector at admin@mentorselector.com.