You agree to use the Site only in accordance with these Conditions of Use, the Terms and Conditions agreed during Job Mentors account creation, for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit any other person's use and enjoyment of the Site. Prohibited behaviour includes (this list is not exhaustive) harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Site and impersonating another person (for example, by using their login details to access the pages of the Site which are for Job Mentors administrative staff and users only).
If you are under 16 please get a parent's or guardian's permission before creating your Job Mentors account. Users without this consent are not allowed to provide us with personal information and are not therefore legally competent.
1. THE JOB MENTORS PLATFORM.
1.1 Purpose of the Job Mentors Platform.
The Job Mentors Platform allows users (in this case Mentors and Mentees) to initiate contact with each other and allows Mentors to sell and/or display their services as they see fit online. Under this Agreement, Job Mentors provides services to both Mentees and Mentors, including supervising Mentees and Mentors and facilitating the creation of contracts between Mentees and Mentors. Job Mentors will encourage its users to try and settle conflicts among themselves. If for whatever reason the conflict cannot be resolved, users can contact Job Mentors customer support for assistance. Mentees initiate contact with Mentors and request appointments with Mentors. Mentors display their profiles and accept or decline Mentees' requests for an appointment. The Mentee pays the Mentor in connection with the Mentor's delivery of service(s) through the Job Mentors platform. Job Mentors facilitates the collection of payment from Mentees in connection with their receipt of service(s) from Mentors through the Job Mentors platform.
2. JOB MENTORS GENERAL USER POLICIES
2.1 Enforcement of Agreement and Policies
Job Mentors maintains the right, but not the obligation, to suspend or cancel The User’s access to the Job Mentors Platform if it believes that they have violated or acted inconsistently with the letter or spirit of this Agreement or violated Job Mentors or those of another party. Without limiting Job Mentors' other remedies, we may suspend or terminate your account, use self-help in connection with our rights to reclaim any available funds, and refuse to provide any further access to the Job Mentors Platform to you if (a) you breach any terms and conditions of this Agreement or other written policies and procedures posted on the Site; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our Users or for Job Mentors. Once suspended or terminated, you MAY NOT continue to use the Job Mentors Platform under a different account or reregister under a new account. If you attempt to use the Job Mentors Platform under a different account, we reserve the right to reclaim available funds in that account and/or use an available payment method to pay for any amounts outstanding. In addition, violations of this Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. When your User account is cancelled, you may no longer have access to any parts of the Job Mentors Platform, including data, messages, files and other material you keep on Job Mentors.
2.2 General User Obligations.
You will not access (or attempt to access) the Site by any means other than the interface provided, and information from the Site will not be used for any purpose apart from the purpose for which it was originally made available. No activity is permitted which is deemed to interfere with or disrupt the day-to-day functioning of the Site. Users will not upload or attach an invalid, malicious or unknown file. Users will not insert any external links that may be malicious or unknown to them, or used to provide any goods or services other than Services as stipulated in this agreement. You agree not to 'scrape' or disaggregate data from the Site (whether by manual or automated means), for any commercial, marketing, or data compiling or enhancing purpose, or to copy, re-post or re-use data from the Site for any other service. You agree not to use or provide software (except for general purpose web browsers and to email Mentees, or software expressly licensed by us) or services that interact or interoperate with the Site, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use.
2.3 Identity and Account Security.
As a user of Job Mentors, you are responsible for any information you publish at all times at Job Mentors. Job Mentors reserves the right to sanction User information at any time, including but not limited to sanction against third party databases or the verification of one or more official government or legal documents that confirm the User's identity. The User authorizes Job Mentors, directly or through third parties, to make any enquiries deemed necessary to ascertain and certify their identity and confirm their ownership of their email address or financial account, subject to applicable law. Failure on the part of the User to provide information about themselves and their business when requested will be deemed a violation of this Agreement. The User is solely responsible for making certain and maintaining the secrecy and security of the User's Job Mentors account password. The User agrees not to make available this password to anyone.
2.4 Hold on funds.
In cases of non-payment to Mentors or Job Mentors, fraud, abuse or violation of this Agreement, Job Mentors shall revoke all monies due to the party concerned. In other cases such monies may also be held and/or reclaimed.
2.5 Job Mentors Commission
Should Mentors get paid by mentee Job Mentors receives a commission rate of 10% from all transactions.
Transactions at Job Mentors can be made via so-called MentorCredits, the virtual and secure currency at Job Mentors. By using MentorCredits both Mentor and Mentee have no need to share any of their financial information with each other.
3. SERVICE CONTRACT TERMS BETWEEN MENTEE AND MENTOR
Unless otherwise agreed to in a writing signed by both Mentee and Mentor, the terms and conditions of the Service Contract are as set forth in Sections 3.1 through 3.6 below ('Standard Terms'). Mentee and Mentor may not agree to any other terms and conditions that affect the rights or responsibilities of Job Mentors.
The Mentor will perform Services in a professional manner and will deliver, in a timely manner, any service or work agreed upon with the Mentee.
3.2 Termination of a Service Agreement
Under Rate Agreements, either party may terminate the Service Agreement at any time for any or no reason. However, the Mentee remains obliged to pay for any time the Mentor has worked prior to termination of agreement.
Under a Brokerage Agreement in which both parties agree on financial remuneration for the mentor, they must stipulate a remuneration compensation model in the event of termination of the agreement prior to stipulation of the original goal. In the case of a brokerage project failing (i.e. goal not reached) which results in acrimony between both parties, Job Mentors reserves the right, but not the obligation, to arbitrate as it sees fit for an agreed period but accepts no liability, financial or otherwise, regarding an unresolved dispute.
3.3 Service Provider Classification
The Mentor acknowledges that Job Mentors does not, in any way, supervise, direct, or control Mentor's work or Services performed in any manner. Job Mentors does not set Mentor's work hours and location of work, nor is Job Mentors involved in determining if the compensation is to be set at an hourly or fixed rate or in setting the particular rate for a service contract. Job Mentors will not provide Mentor with training or any equipment, labour or materials needed for a particular Contract. Mentee and Mentor will be solely responsible for all tax returns and payments required to be filed with or made to any state of the Federal Republic of Germany, or local tax authority, in any nation state, with respect to Mentor's performance of Services. For Contracts classified as independent contractor relationships within Job Mentors, Mentee may not demand an exclusive relationship between Mentee and Mentor. Mentee and Mentor agree to indemnify, deem harmless and defend Job Mentors from any and all claims arising out of or related to their Service Contract, including but not limited to claims that Mentor was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that Mentor was misclassified (including, but not limited to, taxes, penalties, interest and solicitor's fees), any claim that Job Mentors was an employer or joint employer of Mentor.
3.4 Third Party Beneficiary
Job Mentors is hereby named as a third party beneficiary of each Service Contract.
Service Contracts shall be governed by Sections 6 (Confidential Information) and 12 (Definitions) of this Agreement, as applicable either directly or by way of analogy.
3.6 Entire Agreement.
The terms and conditions set forth in this Section 3 and any additional or different terms expressly agreed by Mentee and Mentor shall constitute the entire agreement and understanding of Mentee and Mentor with respect to each Service Contract and shall cancel and supersede any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between them.
4. ACKNOWLEDGMENTS BY USER OF JOB MENTORS' ROLE.
4.1 Service Contracts
The User clearly acknowledges, agrees and understands that: (i) the Job Mentors Platform is merely a platform where Users may act as Mentees or Mentors; (ii) Job Mentors is not a party to any Service Contracts between Mentees and Mentors; (iii) The User recognizes, acknowledges and agrees that the User is not an employee of Job Mentors and that Job Mentors does not, in any way, supervise, direct, or control the User's work or Services; (iv) Job Mentors is not liable for or obliged under or related to Service Contracts or any acts or omissions by Users; (v) Job Mentors has no control over Mentors or over the Services promised or carried out by Mentors; and, (vi) Job Mentors makes no representations as to the reliability, capability, or qualifications of any User acting in the capacity of Mentor or the quality, security or legality of any Services, and Job Mentors disavows any and all liability relating to the aforementioned.
4.2 Proprietary Rights
Job Mentors reserves all Proprietary Rights in and to the Job Mentors Platform. User may not use the Job Mentors Platform except as necessary for the purposes of discharging its obligations under this Agreement and any Service Contract entered into pursuant to this Agreement. Job Mentors reserves the right to withdraw, expand and otherwise change the Job Mentors Platform at any time in Job Mentors as it sees fit. The User is not entitled to create any 'links' to the Job Mentors Platform, or 'frame' or 'mirror' any content contained on, or accessible through, the Job Mentors Platform, on any other server or internet-based device.
4.3 Job Mentors' Compensation
All Job Mentors' Fees are non-refundable, whether or not Service Contracts have been satisfactorily completed.
5. PAYMENT METHODS
5.1 Formal Invoices and Taxes
Job Mentors shall have no responsibility for determining the necessity of or for issuing any formal invoices, or for determining, remitting, or withholding any taxes applicable to Mentor Fees. Instead, mentor shall be solely responsible for determining whether it is required by applicable law to issue any formal invoices for the Mentor Fees and for issuing any invoices so required. Mentor shall also be solely responsible for: (a) determining whether Mentor or Job Mentors is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the Mentor Fees, and remitting any such taxes or charges to the appropriate authorities on behalf of itself or Job Mentors, as appropriate; and (b) determining whether Job Mentors is required by applicable law to withhold any amount of the Mentor Fees, notifying Job Mentors of any such requirement and indemnifying Job Mentors (either by permitting Job Mentors to offset the relevant amount against a future payment of Mentor Fees or by refunding to Job Mentors the relevant amount, at Job Mentors' sole discretion) for any requirement to pay any withholding amount to the appropriate authorities. Job Mentors shall have the right, but not the obligation, to audit and monitor Mentor's compliance with applicable tax laws as required by this Section 5.1. Further, in the event of an audit of Job Mentors, Mentor agrees to promptly cooperate with Job Mentors and provide copies of Mentor's tax returns, and other documents as may be reasonably requested for purposes of such audit.
5.2 Payment Methods (Just in case it should be needed by collaboration of mentors and mentees)
Mentor and Mentee hereby authorise Job Mentors to run credit card authorisations on all credit cards provided by Mentor and Mentee, to store credit card details as their method of payment for Services, and to charge their credit card (or any other form of payment authorized by Job Mentors or mutually agreed to between Mentor and Mentee and Job Mentors).
6. CONFIDENTIAL INFORMATION
To the extent a Mentee or Mentor provides confidential Information to the other, the recipient is obliged to protect the confidentiality of the information with the same degree of care as they would use to protect their own confidential information, but in no event with less than due care, and will not: (i) disclose confidential information to anyone except, in the case of Job Mentors, to any Mentee or Mentor involved in a Contract; and (ii) use the confidential information, except as necessary for the performance of Services for the Service Contract in question (including, without limitation, the storage or transmission of confidential information on or through Job Mentors Platform for use by the Mentor).
If and when confidential information is no longer needed for the carrying out of Services for the Contract in question, or at the Mentee's or Mentor's written request (which may be made at any time at Mentee's or Mentor's sole discretion), Mentee or Mentor (as the case may be) shall promptly destroy or return all Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control.
Without limiting Section 6.1 (Confidentiality), the Mentee, Mentor and Job Mentors will not publish, or cause to be published, any confidential information or Work Product, except as may be necessary for performance of Services for a Contract..
7. WARRANTY DISCLAIMER
JOB MENTORS MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SERVICES, JOB MENTORS PLATFORM, ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8. LIMITATION OF LIABILITY
IN NO EVENT WILL JOB MENTORS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR INDIRECT COSTS OR DAMAGES, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION OR PROFIT.
9.1 Proprietary Rights
Each Mentor and Mentee shall indemnify, defend and hold harmless Job Mentors from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable solicitors' fees and all related costs and expenses) arising from or relating to any claim, judgment, or adjudication that any Work Product, Services or action or omission by Mentor or Mentee infringes Proprietary Rights or other rights of any third party.
10.1 Entire Agreement
This Agreement sets forth the entire agreement and understanding of the parties relating to its subject matter and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between them.
10.2 Side Agreements
The terms and conditions of this Agreement, however, will govern and supersede any term or condition in a side agreement that purports to expand Job Mentors' obligations or restrict Job Mentors' rights under this Agreement.
10.3 Choice of Law
This Agreement and any controversy, dispute or claim arising out of or relating to this Agreement, including by not limited to a Service Contract, ('Claims') shall be governed by and construed in accordance with the laws of the Federal State of Saarland.
10.4 Dispute Resolution; Arbitration; Personal Jurisdiction and Venue
Job Mentors, Mentors and Mentees hereby agree that any Claims shall first be settled through negotiation. If a Claim (other than a Claim for injunctive or other equitable relief) remains unresolved by these means, either party will have the right to demand binding non-appearance based arbitration by a third party service mutually agreed upon by the parties. A final judgment will be made by the arbitrator, which must be adhered to by both parties and by Job Mentors, as applicable. You agree that any Claim you may have against Job Mentors, if not resolved as set forth above, must be resolved by the Saarland state courts. You hereby irrevocably consent to the personal jurisdiction and venue of these courts.
10.5 Prevailing Language
The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.