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The Mentor List is a web service built on a marketplace platform. The general terms of our marketplace below apply also to the use of The Mentor List Marketplace.
The Mentor List Pty Limited User Terms & Conditions
Terms & Conditions
The Mentor List Pty Limited. (“The Mentor List”, “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.Mentorlist.com (the “Site”). The Services include the ability for Users and Mentors (each as defined below) to interact via the The Mentor List platform’s interface or other methods as may be made available by The Mentor List from time to time.
- “Content” means text, graphics, images, software, audio, video, information or other materials.
- “Collective Content” means, collectively, The Mentor List 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.
- “The Mentor List Content” means Content that The Mentor List 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 The Mentor List 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 The Mentor List 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 The Mentor List is not a party to any agreements entered between Users and Mentors. Mentors are independent contractors, not employees or agents of The Mentor List. The Mentor List 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. The Mentor List does not verify the identity of Users nor Mentors. Further, The Mentor List is does not verify the accuracy or correctness of a Mentor’s profile listed on the Site.
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, The Mentor List makes available a platform with related technology for Users to connect with Mentors online and conduct the Mentoring Services via our online interface. The Mentor List is not a provider of mentoring services. The Mentor List’s role is solely to facilitate the availability of the Site and Services. Similarly, The Mentor List is not a contracting agent or representative of any Mentor or User. Mentors are independent contractors and are not employees or agents of The Mentor List.
As part of the Services outlined above, Mentors will register their details in their profile and outline the price they are willing to charge per session – noting 1 session is classified as a 1 hour 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 multiple sessions with multiple mentors for best results. However when pre-purchasing multiple sessions with a single Mentor The Mentor List may, at its own discretion, choose to cancel the remaining any Mentoring Sessions and refund the pro-rata amounts to the User less an administration cost of fifty dollars (AUD$15) if all 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 The Mentor List, 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.
The Mentor List 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. The Mentor List 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. The Mentor List 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 18 years of age and only Users that are at least 18 years of age may purchase the Mentoring Services (defined below). Any purchase of Mentoring Services by anyone under 18 is expressly prohibited and by doing so you represent and warrant that you are 18 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 The Mentor List and set up your Account, you: (i) agree to provide The Mentor List 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 The Mentor List, 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 The Mentor List 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.
The Mentor List maintains the right to ban or exclude users at its complete discretion.
Purchasing Mentoring Services
When is the service fee charged?
To help operate and grow The Mentor List marketplace, a service fee is charged. The service fee is a fixed fee of 15% of the assigned task price, which is the amount of the offer accepted by the Mentee. Once a session has been completed the fee will be deducted from the session payment before it is paid into the Mentor’s account.
The total fee amount charged will always be clearly displayed to a Mentee when making an offer and the service fee will only be payable to the Mentor whose offer is accepted and assigned to complete it.
Please note the following:
• Minimum service fee is $15.00
• The Mentor List Marketplace currency is Australian dollar (AUD)
• All service fees are subject to GST, which are included within the 15% service fee.
• A service fee is charged for all payments made through The Mentor List platform.
• If a cancellation occurs, the task service fee may still be charged.
The Mentor has sole discretion on what they charge each session subject to a floor of fifteen dollars (AUD$15). All prices charged are inclusive of taxes (including 10% Goods & Services Tax (“GST”)), and The Mentor List commission of 15% of the fee after the GST amount. The Mentor List may increase the charge of the Mentor if the charge is below the floor specified.
Please note if the User is located outside of Australia there is no GST deducted, The Mentor List will charge a 15% commission of the full amount listed assuming no GST.
The Mentor List takes no foreign exchange risk.
Both the Mentor and User are invited to provide feedback after each Mentoring Session. The feedback will signal to The Mentor List that a Mentoring Session has been undertaken and completed. Within 15 business days, The Mentor List 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 The Mentor List that the Mentoring Session has been undertaken and completed – The Mentor List will email the User within 5 business days for confirmation. If no response is received within 10 business days after the email, The Mentor List will process payment. The User will have no right of refund after payment has been processed.
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 The Mentor List’s sole discretion.
A Mentor may offer a free session (e.g. a free introductory session) – however this offer of a free session does not extend to The Mentor List’s services. The Mentor List will still be entitled to its fee for the provision of the services.
The Mentor List 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@Www.mentorlist.com. The Mentor List 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 The Mentor List’s sole discretion. Notwithstanding the foregoing, The Mentor List is not responsible if your Account is accessed or used by a third party without your permission.
The Mentor List permits refunds for Mentoring Sessions not performed. However The Mentor List does not allow Mentors to continue Mentoring Users after refunds have been permitted outside of The Mentor List. If The Mentor List suspects or finds that Mentors are continuing to provide mentorship to Users post refund, The Mentor List 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 email@example.com. All refunds are at The Mentor List’s sole discretion. However as outlined in the Terms & Conditions, The Mentor List 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. The Mentor List 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.
The Mentor List will be entitled to its fee regardless of any assertions, claims, guarantees (eg. Satisfaction guaranteed, money back guarantee) or similar made by Mentors. Any such claim, guarantee or assertion made by Mentors does not extend to The Mentor List’s fee. Nor will The Mentor List be liable for any mentoring fees paid to Mentors who do not live up to or meet the expectations of the User or the guarantee, assertion or claim stipulated by the Mentor.
Refunds will be provided on a pro-rata basis on Sessions not undertaken, less fifteen dollars (AUD$15) administration fee per session.
The Mentor List takes no foreign exchange risk.
As outlined above, within 5 business days after a feedback has been received that a Mentoring Service has been performed, The Mentor List 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, The Mentor List will process payment. The User will have no right of refund after payment has been processed.
Interaction with Mentors and Use of Mentoring Services
The Mentor List 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. The Mentor List 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. The Mentor List 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 The Mentor List with respect to such actions or omissions. In addition, The Mentor List is not responsible for the use or exchange of any information or advice (in any format) between Mentors and Users. Further, The Mentor List 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, The Mentor List urges you to immediately contact the police directly for help.
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 The Mentor List 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.
The Mentor List Licences
Subject to your compliance with the User Terms & Conditions, The Mentor List grants you a limited, non-exclusive, non-transferable licence: (i) to view, download and print any The Mentor List 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 The Mentor List 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 The Mentor List, which The Mentor List may exercise solely in connection with The Mentor List’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. The Mentor List 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 The Mentor List 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 The Mentor List’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. The Mentor List 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 a rating and comment. The Mentor List 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. The Mentor List 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. The Mentor List disclaims any and all liability relating to Mentor Reviews. Notwithstanding the foregoing, The Mentor List 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 The Mentor List with feedback, comments and suggestions for improvements to the Site and Services (collectively, “Feedback”). You may submit Feedback via the contact us tab or by simply emailing us at firstname.lastname@example.org. You acknowledge and agree that all Mentor Reviews and all Feedback will be the sole and exclusive property of The Mentor List. You hereby assign to The Mentor List and agree to assign to The Mentor List all of your right, title and interest in and to all Mentor Reviews and Feedback, including all intellectual property rights therein. At The Mentor List’s request and expense, you will execute documents and take such further acts as The Mentor List may reasonably request to assist The Mentor List 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.
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, The Mentor List’s name, any The Mentor List trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without The Mentor List’s express written consent;
- Access, tamper with, or use non-public areas of the Site, The Mentor List’s computer systems, or the technical delivery systems of The Mentor List’s providers;
- Attempt to probe, scan, or test the vulnerability of any The Mentor List system or network or breach any security or authentication measures; Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by The Mentor List or any of The Mentor List’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 The Mentor List or other generally available third party web browsers;
- Send any unsolicited or unauthorised 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 The Mentor List trademark, logo, URL or product name without The Mentor List’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.
The Mentor List will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law regardless of jurisdiction. The Mentor List may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms & Conditions. You acknowledge that The Mentor List 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. The Mentor List reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that The Mentor List, at its sole discretion, considers to be in violation of these User Terms & Conditions or otherwise harmful to the Site or Services.
The Site or Services may contain links to third-party websites or resources. You acknowledge and agree that The Mentor List 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 The Mentor List 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.
Your use of the Site or Services may involve the exchange of file attachments between you and The Mentor List or a Mentor. The Mentor List 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.
The Mentor List 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, The Mentor List 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. The Mentor List 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 The Mentor List 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 email@example.com
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. The Mentor List 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. The Mentor List 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 The Mentor List 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, The Mentor List 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 The Mentor List or through the site, services or collective content, will create any warranty not expressly made herein. You acknowledge and agree that The Mentor List 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. The Mentor List 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 The Mentor List does not screen or inquire into the background of Mentors, Users or other Users of the Site or Services, nor does The Mentor List make any attempt to verify the statements of Mentors, Users and other Users of the Site or Services. The Mentor List 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 firstname.lastname@example.org.
For avoidance of doubt, if a mentoring session is unable to commence, or is interrupted due to technical issues of the site, The Mentor List does not take responsibility for the mentoring session – and the Mentor and User are expected to re-schedule their mentoring session to another time.
You agree to defend, indemnify, and hold The Mentor List, 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 The Mentor List 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 The Mentor List 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 The Mentor List’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 The Mentor List for use of the Site Services, Mentoring Services or Collective Content, if you have made any payments to The Mentor List or fifty dollars (AUD$15) (whichever is greater), if you have not made any payments to The Mentor List, as applicable, the limitations of damages set forth above are fundamental elements of the basis of the bargain between The Mentor List 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 The Mentor List used herein are trademarks or registered trademarks of The Mentor List. 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.
These User Terms & Conditions constitute the entire and exclusive understanding and agreement between The Mentor List 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 The Mentor List and you regarding the Site, Services, and Collective Content.
You may not assign or transfer these User Terms & Conditions, by operation of law or otherwise, without The Mentor List’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. The Mentor List 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.
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 The Mentor List 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.
You and The Mentor List 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 The Mentor List 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 The Mentor List 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.
The failure of The Mentor List 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 The Mentor List. 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 The Mentor List
If you have any questions about these Mentee Terms & Conditions, please contact The Mentor List at email@example.com.
You have come through to this page from a website which is operated by The Mentor List Pty Limited.
In this policy, “us”, “we” or “our” means The Mentor List Pty Limited and its related bodies corporate.
This policy sets out:
- what is considered personal information;
- what personal information we collect and hold;
- how we collect, hold, use or disclose personal information;
- the purposes for which we collect personal information;
- what happens if we are not able to collect personal information;
- how to seek access to and correct your personal information;
- whether we disclose personal information outside Australia; and
- how to contact us.
We may, from time to time, review and update this policy, including taking account of new or amended laws, new technology and/or changes to our operations. All personal information held by us will be governed by the most recently updated policy. Your privacy matters to us, so whether you are new to The Mentor List or are a long time user, please take the time to get to know our practices and consult this policy regularly for changes.
WHAT IS PERSONAL INFORMATION
When used in this policy, the term “personal information” has the meaning given to it in the Act. In general terms, it is any information that can be used to personally identify you. This may include (but is not limited to) your name, age, gender, postcode and contact details (including phone numbers and email addresses) and possibly financial information, including your credit card, direct debit, PayPal or Pin.net.au account information. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.
WHAT PERSONAL INFORMATION DO WE COLLECT AND HOLD
We may collect personal information including but not limited to:
- Personal details: Name, email address, phone number, street address
- Account details: username, password (stored in encrypted format)
- Professional experience and work history
- The description text that the user may write about him/herself
- The offers and requests the user has posted to the service
- The given and received feedback and badges
- Statistical data about service usage, e.g. number times the user has logged in
- Details of the products and services you have purchased from us or which you have enquired about, together with any additional information necessary to deliver those products and services and to respond to your enquiries;
- Any additional information relating to you that you provide to us directly through our website or indirectly through use of our website or online presence through our representatives or otherwise;
- Information you provide to us through our website, customer surveys or information collected by our representatives from time to time.
- If you register to use the Services as a Mentor, our third party service providers will collect certain information, such as, but not limited to, your name, email address and banking account details, from you to enable us to make payments to you in connection with your activities on the Site and Services.
We may also collect anonymous data (which is not personal information) relating to your activity on our websites (including IP addresses) via cookies, or we may collect information from you in response to a survey. We generally use this information to report statistics, analyse trends, administer our services, diagnose problems and target and improve the quality of our products and services. To the extent this information does not constitute personal information because it does not identify you or anyone else, the Australian Privacy Principles do not apply and we may use this information for any purpose and by any means whatsoever.
HOW WE COLLECT PERSONAL INFORMATION
We collect your personal information directly from you unless it is unreasonable or impractical to do so.
We do this in ways including:
• through your access and use of our website, apps or sending messages to us;
• through someone else who has provided us with your information (e.g. gift coupons);
• during conversations between you and our representatives; and
• when you complete an application or purchase order.
We may also collect personal information from third parties including:
• third party companies such as credit reporting agencies, law enforcement agencies and other government entities;
• mailing lists;
• recruitment agencies;
• contractors and business partners.
WHY DO WE COLLECT, HOLD, USE AND DISCLOSE PERSONAL INFORMATION
The primary purpose for which we collect information about you is to enable us to perform our business activities and functions and to provide best possible quality of customer service. We collect, hold, use and disclose your personal information for the following purposes:
- to provide products and services to you;
- to provide you with news, information or advice about our existing and new products, events, services and Mentors;
- to communicate with you including by email, mail or telephone;
- to manage and enhance our products and services;
- to personalise and customise your experience;
- to provide you with access to protected areas of our websites;
- to conduct competitions or promotions on behalf of The Mentor List and selected third parties;
- to verify your identity;
- to provide business data to third parties;
- to conduct business processing functions for operation of our websites or our business;
- for our administrative, marketing (including direct marketing), promotional, planning, product/service development, quality control and research purposes, or those of our contractors or external service providers;
- to provide your updated personal information to us, our contractors or external service providers;
- If you register to use the Services as a Mentor, the information you provide in your profile (excluding billing information including billing address and credit card details, and personal contact details such as address and phone number) that you provide (or other profile picture provided by you), and current online/office status may be publicly viewable via the Site. We make this information available so that users and The Mentor List visitors can find Mentors who meet their mentoring needs. In addition, if you chose to make any User Content available via the website, we will share such User Content in accordance with the selections you make via the website.
- If you decide to use The Mentor List to connect and/or video conference or text chat with a Mentor/Mentee online, you may share your Personal Information with the Mentor/Mentee with whom you connect and/or videoconference or text chat. If you interact with a Mentor/Mentee via the website (e.g., to schedule a Mentoring Session), we will share your username, as provided to the site, (or the name of the Mentor/Mentee, as applicable) with the applicable Mentor/Mentee in order to facilitate the scheduling or communication request. Additionally, if you chose to make any User Content available via the Services, we will share such User Content in accordance with the selections you make via the Services (including with Mentors/Mentees, as applicable). Any information you provide before participating in a Mentoring Session (e.g., information on what you’d like to cover in such Mentoring Session) may be shared with the applicable Mentor/Mentee via the Services in connection with your first name. We recommend that you guard your sensitive information.
- to investigate any complaints about or made by you, or if we have reason to suspect that you are in breach of any of our terms and conditions or that you are or have been otherwise engaged in any unlawful activity; and/or
- as required or permitted by any law (including the Privacy Act).
WHAT HAPPENS IF WE CAN’T COLLECT YOUR PERSONAL INFORMATION
If you do not provide us with the personal information described in this policy, some or all of the following may happen:
- we may not be able to provide you with the products or services you requested, either to the same standard, or at all (for example, if you do not register as a member of a website, you will not be able to access features or services that are reserved for members only);
- we may not be able to provide you with information about products, services and Mentors that you may want, including information about discounts sales or special promotions; or
- we may be unable to tailor the content of our websites to your preferences and your experience of our websites may not be as enjoyable or useful.
- As a Mentor, we may not be able to disclose your profile to any Mentee.
HOW DO WE DISCLOSE YOUR PERSONAL INFORMATION
We may disclose your personal information to:
- If you are a Mentor, to potential Mentees;
- our employees, related bodies corporate, contractors or external service providers for the operation of our websites or our business, fulfilling requests by you, and otherwise provide products and services to you, including without limitation, web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, photographic analysers, data entry service providers, electronic network administrators, debt collectors, and professional advisers such as accountants, solicitors, business advisors and consultants;
- our existing or potential agents, business partners or joint venture entities or partners;
- our sponsors, or promoters of any competition that we conduct or promote via our services;
- specific third parties authorised by you to receive information held by us;
- the police, any relevant authority or enforcement body, or your Internet Service Provider or network administrator in our sole discretion, for example, if we have reason to suspect that you have committed a breach of any of our terms and conditions, or have otherwise been engaged in any unlawful activity, to protect the property and rights of The Mentor List or a third party, or if we reasonably believe that disclosure is necessary;
- as required or permitted by any law (including the Privacy Act).
INVITE NEW MEMBERS
If you choose to refer a friend to use The Mentor List website and associated services, we may collect the email address of such friend for the purpose of sending a one-time email invitation to use the Site and Services. We will not use the email address for any other purposes. Your friend may request that we delete his or her email address from our records by contacting us at firstname.lastname@example.org
DIRECT MARKETING MATERIALS
We may send you direct marketing communications and information about products and services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS or email, in accordance with applicable marketing laws, such as the Spam Act 2004 (Cth). If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so.
In addition, at any time, you may opt-out of receiving marketing communications from us by contacting us (details below). We will then ensure that your name is removed from our mailing list. We do not provide your personal information to other organisations for the purposes of direct marketing unless expressly authorised by you.
If you receive communications from us that you believe have been sent to you other than in accordance with this policy, or in breach of any law, please contact us using the details provided below.
ACCESSING, CORRECTING OR DELETING YOUR PERSONAL INFORMATION
You may request access to any personal information we hold about you at any time by contacting us (details below). Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you. We will not charge for simply making a request and will not charge for making any corrections to your personal information. If you make an access request, we will ask you to verify your identity. There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others, or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.
If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it.
Members of our websites will generally be able to access and update their membership details online. We request that you keep your information as current as possible so that we may continue to improve our service to you.
If you completely delete all such information, then your Account may become deactivated. If you would like us to delete your Account in our system, please contact us at email@example.com with a request that we delete your Personal Information from our database. We will use commercially reasonable efforts to honour your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.
The Mentor List reserves the right to amend or delete any user’s details and/or records if deemed necessary.
HOW YOU CAN COMPLAIN ABOUT A BREACH OF PRIVACY
We will treat your requests or complaints confidentially. Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in a timely and appropriate manner.
Please contact our Privacy Officer at:
The Mentor List Pty Ltd
Post: Level 2, 287 Collins Street
Melbourne VIC 3000
DISCLOSURE OF PERSONAL INFORMATION OUTSIDE AUSTRALIA
Instances where we may disclose your personal information to entities located outside of Australia include, but are not limited to, the following:
- Mentees and/or Mentors located globally;
- our related bodies corporate located globally;
- our data hosting and Cloud-based IT service providers;
- other external service providers located, amongst other places, in the U.S.; and
- other third parties operating in jurisdictions including, but not limited to, China, India, South East Asia, New Zealand, Hong Kong and the United States where you have authorised us to do so.
We will take all reasonable steps to protect the personal information that we hold from misuse, loss, or unauthorised access, including by means of firewalls, password access, secure servers and encryption of credit card transactions. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site, you can contact us at admin@The Mentor List.com.
If you suspect any misuse or loss of, or unauthorised access to, your personal information, please let us know immediately.
OUR POLICY TOWARD CHILDREN
The services of The Mentor List are not directed to persons under 16. We do not knowingly collect personal information from children under 16. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at firstname.lastname@example.org. If we become aware that a child under 16 has provided us with Personal Information, we will delete such information from our files.
Our website may contain links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website. Third party websites are responsible for informing you about their own privacy practices.