Terms of Use 2020 for Users within an Organization

Summary

This document, together with the Privacy Policy and any other policies or guidelines posted at Mentorly.co (the “Agreement”) is a contract between you (“you”) and MENTORLY (“COMPANY”) concerning the conditions associated with your use of the website Mentorly.co and/or of the services offered within such website (the “Service”). Please read all of the following terms and conditions carefully before using the Service.

The Website is owned and operated by MENTORLY INC. (“Mentorly”), a corporation duly incorporated under the Canada Corporations Act. These Terms constitute a contract between you and MENTORLY that govern your use of the MENTORLY Website.

By using or accessing the Service, you agree to all the terms and conditions stated in this Agreement. If, at any time, you do not or cannot agree to the terms of this Agreement, you must stop accessing or using the Service. If you disagree with the Terms, please cease using and accessing the Website.

Conditions relating to use of the Service

You need a supported Web browser to access the Service. You acknowledge and agree that MENTORLY may cease to support a given Web browser and that your continuous use of the Service will require you to download a supported Web browser. You also acknowledge and agree that the performance of the Service is incumbent on the performance of your computer equipment and your Internet connection.

You are solely responsible for managing your account and password and for keeping your password confidential. If you have forgotten your password, click on the “Reset Password” link and follow the on-screen instructions. You are also solely responsible for restricting access to your account.

You agree that you are responsible for all activities that occur on your account or through the use of your password by yourself or by other persons. If you believe that a third party obtained or guessed your password, use the password regeneration feature of the Service as soon as possible to obtain a new password.

You agree that you are responsible for all activities that occur on your account.

In all circumstances, you agree not to permit any third party to use or access the Service. As a condition to your use of the Service, you agree not to:

a) Impersonate or misrepresent your affiliation with any person or entity; b) Access, tamper with, or use any non-public areas of the Service or MENTORLY’s computer systems; c) Attempt to probe, scan, or test the vulnerability of the Service or any related system or network or breach any security or authentication measures used in connection with the Service and such systems and networks; d) Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service; e) Harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Service; f) Use the Service in an abusive way contrary to its intended use, to its documentation or to MENTORLY’s reasonable instructions; g) Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; h) Infringe third party intellectual property rights when using or accessing the Service.

MENTORLY grants you the personal, non-transferable, non-exclusive, revocable and limited right to access and use the Service for your own personal purposes as an individual consumer.

You agree that MENTORLY may at any time modify the pricing scheme and/or fees attached to the Service and your continuing use or access of the Service shall be deemed to constitute acceptance of such new pricing scheme or fee.

MENTORLY will have the right to investigate and prosecute violations of any of the above, including without limitation possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. MENTORLY may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that, although MENTORLY has no obligation to monitor your access to or use of the Service, it has the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

1. SERVICE

The Platform provides quality access to online mentorship sessions. These mentorship sessions are provided by mentors that are vetted by MENTORLY and your Organization. Upon registration, MENTORLY grants you a non-exclusive, non-transferable, revocable limited license to access and use the Platform.

2. AGE RESTRICTION

Any use of the Platform under the age of fourteen (14) is prohibited. If you are under the age of fourteen (14), you may use MENTORLY only with the involvement of your parent or guardian at all times while accessign the Platform. Make sure you review these Terms with your parent or guardian so that you both understand your rights and responsibilities. A parent or guardian is required to enter the personal information when creating an account as well as providing a payment method.

3. REGISTRATION

To use Mentorly’s services, you will need to create a profile, by signing up with a valid email or social medial account, such as Facebook, LinkedIn or Google. You represent that:

a) You are over the age of eighteen (14), or if you are under that age, that your parent or guardian has entered the personal information on your behalf;

b) You are the rightful owner of the social media account or email. You have not used another person’s account with the intent to impersonate that person. You are responsible for safeguarding the social media account information that you use to access the Service and for any activities or actions under your password even if it’s with a third-party service;

c) You have provided us with accurate, complete, and updated registration information

d) You will not disclose your social media account information to any third party. You must notify us immediately upon becoming aware of any unauthorized usage of your name or social media account information or of any breach of security you are aware of.

4. MENTORSHIP SESSIONS

To book a mentorship session, mentees are required to select the mentor of their choice and book an available time on their profile. Once mentees have booked a session, their mentors may decline the proposed booking only for valid reasons, such as an unforeseen time conflict or a conflict of interest with the mentee in question.

Mentorship sessions take place on the Platform through video-conference. Neither mentees or mentors are not required to appear via video; however, access to a microphone is required. Although we take reasonable means to vet each mentor, we make no warranties on the verification process of the mentor.

Mentees agree not to sell, share, or distribute any and all advice, tips, works or material received from the Mentors, or any materials resulting from recording the mentorship sessions.

5. FEES AND PAYMENT

MENTORLY and your Organization have established a payment structure, if any, for sessions held between mentees and mentors within said Organization. An example of payment structure may be the charging of a flat fee to mentees that is processed through MENTORLY’s preferred payment processor, Stripe. MENTORLY will clearly communicate the payment terms with all users affiliated with an Organization upon onboarding of said users to the Platform.

MENTORLY shall communicate said charges and all applicable fees at the time of collecting payment. You are responsible for providing MENTORLY valid credit card information. You may modify this information at any time by accessing the payment section of your MENTORLY profile. You must update your credit card information if your credit card information changes.

MENTORLY accepts no liability to complete any transaction, which cannot be cleared by our payment processor, whether because there are no sufficient funds available on your credit card or otherwise. If such situation would occur, you will receive an error message from the Service and the transaction may be denied. Moreover, MENTORLY may suspend your account and contact you so you can provide MENTORLY with valid alternative credit card information. Such suspension shall not relieve you from your obligation to pay any fees owed to MENTORLY. All monies stipulated in this Agreement and in the Service are expressed in US dollars and include all applicable taxes.

6. ADDITIONAL FEES, REFUND AND EXCHANGES

Once a mentorship session has been held, meaning the online meeting through the Platform has taken place between the mentee and the mentor, a refund or credit is only possible if a significant problem was flagged during their session or via their MENTORLY inbox. MENTORLY shall review the problem and determine if a refund will be issued. Refunds can be issued at MENTORLY’s discretion for problems including, but not limited to technical issues or in the case of verbal abuse of any kind.

7. PROHIBITED USAGED

The MENTORLY Website and Platform may be used only for the purposes permitted by these Terms or described on this Website. You may not:

● duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the MENTORLY Website, MENTORLY’s services or any portion thereof for any public or commercial use without our express written permission;

● use any robot, spider, scraper or other automated devices to access the Website or Platform;

● copy or hack our database, Website, Platform, and all related content;

● access and use our Website or Platform in a way that violates any applicable local, national or international law or regulation;

● access and use our Website or Platform in a way that is illegal or fraudulent, or with an illegal or fraudulent objective;

● access or use our Website or Platform to transmit or obtain the transmission of any unsolicited or unauthorized publicity or promotional material or any other similar solicitation form (i.e. spam);

● to knowingly transmit data, send, submit or download any material containing false information, viruses, Trojan horses, malware, or other malicious programs or similar codes designed to cause damage to our Website, Platform, services or material, including our servers;

● delete or change any copyright, trademark, or other proprietary notice or legend displayed on MENTORLY’s Website (or printed pages of the Website).

8. VISITOR-SPECIFIC OBLIGATIONS

The Website and its content may only be used for the purposes set forth in these Terms. You must not use the Website for other purposes. You should not use the Website inappropriately in any way whatsoever. Also, You must not modify the Website and its content and should not try to prevent access to the Site or interfere with its operations.

The visitor agrees, without limitations, not to:

a) use the Website in any manner which could damage, disable, overburden or impair the Website;

b) disrupt the safety or otherwise abuse the Website, or any services, system resources, servers or networks connected to the Website or affiliated or linked sites or accessible through them;

c) disrupt or interfere with the use or enjoyment by others of the Website or affiliated or linked sites;

d) upload, post or otherwise transmit on the Website a virus or other harmful, disruptive or destructive computer program or file;

e) use any robot, spider, another automatic device, or manual process to monitor or copy the pages of the Website or its contents;

f) transmit through the Website emails, chain letters, junk mail or another unsolicited bulk email; and

g) attempt to gain unauthorized access to the Website or portions thereof to which access is limited. In addition, the visitor agrees that it is solely responsible for all actions and communications undertaken or transmitted to or on behalf of, and should comply with all applicable laws regarding its use or activities on the Website.

MENTORLY reserves the right to refuse the service to some users and/or customers and to close accounts and cancel orders at their discretion.

9. SOCIAL MEDIA

The following conditions apply when you access a social media page, an account, a website, a network or any application contained on social media which was designed and managed by MENTORLY.

By using social media pages and by submitting a comment, a photo, video, or other item, you (and your parent / legal guardian if you have not reached the age of eighteen (14)) agree to be bound and abide by these Terms, MENTORLY’s privacy policy and the terms of use of third-party social media providers.

Certain comments and other elements on social media pages might not represent the views and general policy of MENTORLY.

Thus, you agree not to post or submit information, publications, links or other items of all kinds on social media pages that fall into the categories described below:

  • Defamatory; abusive; counterfeit; obscene; misleading; illegal; which otherwise violates the rights (including those relating to privacy) of others; all content including advertising; promotional materials or any form of unwanted solicitations to other users, individuals or entities; all content whose origin or source is falsified; any financial or personal information, about yourself or another person; and any information that Mentorly would consider contrary to the Terms of the Website.

Any information, message, link or element we consider as belonging to one of the above categories will be deleted immediately, without liability to MENTORLY. Moreover, MENTORLY assumes no responsibility for filtering messages posted on social media.

10. TECHNICAL PROBLEMS

To report any technical problem with your mentorship session or for support, please contact info@mentorly.co or the intercom bot on the homepage of the Platform.

11. INFORMATION GATHERING

We obtain and verify information for the purpose of identifying all of our customers who make an order on the Platform. By agreeing to these Terms, you authorize us to make inquiries we consider necessary to validate the information you provide us. We can do it directly for example, by asking you additional information or requiring you to take steps to confirm ownership of your Payment methods or email address.

If you are not over the age of eighteen (14), your parent or guardian must use the Website on your behalf, because you should not use the Website by yourself or provide personal information to us. MENTORLY does not knowingly collect any information from children.

By accepting these Terms, you also consent to having read and accepted our Privacy Policy.

12. INTELLECTUAL PROPERTY

MENTORLY’s Platform, marketing content, as well as all intellectual property relating to them are our property, that of our affiliates or third parties. All rights, titles, and interest in the Platform remain our property and/or the property of such third parties. The name MENTORLY and other names and property notices of goods and/or services from MENTORLY on the Platform are trademarks or our exclusive proprietary brands or belonging to third parties. Other names of products, services and companies appearing on the Platform may be trademarks of their respective owners.

All information provided on the Platform belongs to MENTORLY and is protected by applicable law. Unless otherwise indicated, the information may not be copied, displayed, distributed, downloaded, licensed, modified, published, reproduced, reused, sold, transmitted or used for purposes of derivative works, public or commercial usage without the express written permission of MENTORLY. This information is protected under Canadian copyright and trademarks legislation. You can use the information solely for your personal non-commercial use, provided that you reference Our copyright notices and attributions trademarks. These conditions give you a restriction to consult, display on your computer, download and print text and images from this Website, and only for non-commercial, personal and educational purposes, provided that the content of the Platform is not subject to modification.

This permission belongs only to you; it can not be assigned or transferred to another person, or be licensed. The images and text on the Platform that are downloaded, copied, saved or printed are still subject to these Terms. You must ensure that all notices of copyright and trademarks are always included. For more information on permission to use, reproduce or republish any information presented on the Website, please contact us at info@mentorly.co.

Any unauthorized downloading, copying or unauthorized modification of trademarks or data contained on the Platform may violate federal laws or any other law relating to trademarks or copyright and could expose the user to lawsuits.

13. TERMINATION

You may cancel your individual account at any time by contacting info@mentorly.co. MENTORLY also reserves the right to suspend or end the Service at any time at its discretion and without notice. For example, MENTORLY may suspend or terminate your use of the Service if you are not complying with the present Agreement, or use the Service in a manner that would cause MENTORLY legal liability, disrupt the Service or disrupt others’ use of the Service. MENTORLY also reserves the right to terminate and delete your account if you haven’t accessed the Service for 12 consecutive months.

Mentorly reserves the right to temporarily or permanently discontinue the Service at any time. MENTORLY will deploy commercially reasonable efforts to notify you of such discontinuation. If you breach this Agreement, MENTORLY will have the right to terminate this Agreement immediately, without notice, and to deactivate your account.

14. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, MENTORLY MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SERVICE, INCLUDING THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE PROVIDED BY THIRD PARTIES, THAT THE SERVICE WILL BE UNINTERRUPTED, WITHOUT PROBLEMS OR ERROR FREE, OR THAT ALL ERRORS IN THE SERVICE WILL BE CORRECTED. MENTORLY PROVIDES THE SERVICE “AS IS” AND “AS AVAILABLE”.

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, COMPANY’ WARRANTIES AND REMEDIES (IF ANY) EXPRESSLY SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTE, CUSTOM, ORAL OR WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL MENTORLY AND ITS SUPPLIERS OR LICENSORS HAVE ANY LIABILITY, WHETHER BASED IN CONTRACT, DELICT OR TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SERVICE, WHETHER FORESEEABLE OR NOT, AND EVEN IF MENTORLY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT COMPANY IS FOUND LIABLE TO PAY YOU ANY DAMAGES, MENTORLY’S TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED $100. THE ABOVE LIMITATIONS OF LIABILITY WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL ITS ESSENTIAL PURPOSE.

15. PROPRIETARY RIGHTS

All right, title, and interest in and to the Service are and will remain the exclusive property of MENTORLY and its licensors. The Service is protected by copyright, trademark, and other domestic and foreign laws concerning intellectual property. Except as expressly permitted in this Agreement, you may not reproduce, modify, or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use or commercially exploit the Service.

16. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless MENTORLY, its officers, directors, affiliates, employees and agents, 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 Service.

17. AMENDMENTS

MENTORLY may amend this Agreement or any section of this Agreement, in whole or in part, at any time. Each such amendment (i) will be communicated to you at least 30 days before its coming into force; (ii) set out the new section only, or an amended section along with the section as it read formerly; (iii) set out the date the amendment comes into force; and (iv) if the amendment entails an increase in your obligations or a reduction in MENTORLY’s obligations, give you the right to refuse any amendment and terminate this Agreement without cost, penalty or cancellation indemnity by sending MENTORLY a notice to that effect no later than 30 days after the amendment comes into force. In order to send such a notice, click on the “I Do Not Agree” when the amendment is communicated to you. Refusing an amendment entails the termination of this Agreement, the automatic deactivation of your account and denial of access to the Service.

18. ANTI-SPAM LAW

MENTORLY complies with the requirements of the Canadian Anti-Spam Law (CASL). To unsubscribe from our mailing list for electronic communications simply contact Us at info@mentorly.co

19. GENERAL PROVISIONS

This Agreement shall be governed by and construed by the laws of the Province of Quebec, Canada and the laws of Canada applicable to contracts between Quebec residents and to be performed in Quebec. Parties hereby irrevocably submit and attorn to the jurisdiction of the Courts of the district of Montreal, Province of Québec.

This Agreement is the entire and exclusive agreement between MENTORLY and you regarding the Service, and this Agreement supersedes and replaces any prior agreements between MENTORLY and you regarding the Service.

You shall not assign or otherwise transfer this Agreement or any of its rights or obligations hereunder to any third party without the prior written consent of MENTORLY which consent is within MENTORLY’s sole discretion. No assignment or delegation by you shall relieve or release you from any of its obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by each of the Parties and their respective successors and assigns. MENTORLY shall be allowed to assign this Agreement to any third party without requiring your consent. Nothing in this Agreement shall constitute a partnership or joint venture between you and MENTORLY.

If a particular provision of this Agreement is held to be invalid by a court of competent jurisdiction, the provision shall be deemed severed from this Agreement and shall not affect the validity of this Agreement as a whole.

The Parties have expressly requested that this Agreement be drawn up in English and that all modifications thereof can be made in this language.

20. CONTACT

If you have questions regarding our Platform or these terms, please contact us at info@mentorly.co