1.  Introduction

This User Agreement, the MentorMeet Privacy Policy and all policies posted on our sites set out the terms on which MentorMeet offers you access to and use of our sites, services, applications and tools (collectively ‘Services’). You agree to comply with all the policies when accessing or using our Services.

 

2.  About MentorMeet

MentorMeet is an online marketplace based around allowing users to offer, sell and buy mentoring & coaching services.

MentorMeet does not have, provide or possess any of the services listed or sold through MentorMeet, and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller. MentorMeet is not a party to the transaction and is not a traditional auctioneer.

While we may provide pricing, listing and other guidance in our Services, such guidance is solely for information, and you may decide to follow it or not. MentorMeet does not verify users’ listings or content. While we may help facilitate the resolution of disputes through various programmes, MentorMeet has no control over, and does not guarantee the existence, quality, legality or safety of services advertised; the truth or accuracy of users’ content, service listings or feedback; the ability of sellers to sell services; the professional calibre of sellers; the ability of buyers to pay for services; or that a buyer or seller will actually complete a transaction.

 

3.  Who we are and how to contact us

We are MentorMeet trading as MentorMeet, a limited company (registration number 14963046). We are based at 50 Princes Street, Ipswich, Suffolk, England, IP1 1RJ. For information on the best way to contact us, see our contact us page.

 

4.  Definitions

Buyers are users who purchase services on MentorMeet

Sellers: are users who offer and/ sell services on the MentorMeet site, including and sometimes known as Mentors or Coaches.

We/Us: MentorMeet

You: the buyer or seller/mentor/coach or anyone using the MentorMeet site.

Dashboard: the dashboard serves as a centralised tool for users to monitor, manage, and conduct business activities within MentorMeet.

Insolvent: means, in relation to either party that it has taken any step or action in connection with:

  • Entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring).
  • Applying to court for, or obtaining a moratorium under, Part A1 of the Insolvency Act 1986.
  • Being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring).
  • Having a receiver appointed to any of its assets.
  • Ceasing to carry on business.
  • If the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction.

Liabilities: means any liabilities, fines, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and any tax liabilities or third party charges such as brokers’ fees) and all interest, penalties and legal costs and all other [reasonable] professional costs and expenses.

Our systems: means our dashboard and the other computer systems that support, operate and comprise MentorMeet.

Permitted recipients: means your and our employees and the entities you and we use in connection with this agreement.

Significant change: means a change to these terms which impacts on the way you do things, either technically or commercially. Examples of significant changes might be our entirely removing a feature from MentorMeet, adding a new feature or a change which means you need to adapt your goods or reprogramme your services to continue using MentorMeet.

Third party claim: means a claim or any kind of action against us made by anyone, including (but not limited to) a customer, any regulator. HMRC, couriers or any third party rights holder, in connection with:

  • Your services, and their supply through MentorMeet.
  • Content you’ve uploaded to or otherwise distributed through our systems, including but not limited to your supplier profile, your product listings, your communications with buyers, advertising, and any omissions or inaccuracies in such content.
  • Things we have or haven’t done in reliance on information you’ve provided (or omitted to provide) to us, including our exercise of rights you’ve granted to us.
  • Things you have or haven’t done including but not limited to any breach of these terms and our policies.

Transfer: means assign, novate, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with.

VAT: means value added tax chargeable under the Value Added Tax Act 1994 of the United Kingdom and legislation supplemental thereto or replacing, modifying or consolidating it and including any similar, substitute, or replacement tax on, inter alia, the supply of goods or services in the United Kingdom.

Your materials: means any content, data or information (including trade marks and branding) you provide to us in connection with you and your services.

 

5.  Use of MentorMeet

  1. Whilst and in connection with using or accessing the services you will not:Upload, list or post content or listings in inappropriate categories or areas on our site.
      1. Circumvent or breach any laws or third-party rights or our systems or policies.
      2. Infringe the copyright, trademark, or other rights of any third parties.
      3. Use our Services if you are under the age of 18 or otherwise unable to form legally binding contracts or are temporarily or indefinitely suspended from using our Services.
      4. Fail to pay for services which are purchased by you, unless you have a valid reason as set out in a MentorMeet policy, the seller has materially changed the service’s description after you ordered, a clear typographical error is made, or you cannot contact the seller.
      5. Fail to deliver services sold by you, unless you have a valid reason as set out in a MentorMeet policy, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer.
      6. Post incorrect, inaccurate, misleading, defamatory, or libellous content.
      7. Manipulate the price of any service or interfere with any other user’s listings.
      8. Transfer your MentorMeet account (including feedback) and user ID to another party without our consent.
      9. Take any action that may undermine the feedback or ratings systems.
      10. Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes to any of our users or employees.
      11. Use the contact details or information of other users for any purpose other than in relation to a specific MentorMeet transaction on the MentorMeet site (which includes using this information to send marketing materials directly to MentorMeet users unless the user has given explicit consent to receiving these materials).
      12. distribute viruses or any other technologies that may harm MentorMeet, or the interests or property of MentorMeet users.
      13. use any robot, spider, scraper or other automated means to access our Services for any purpose.
      14. bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure.
      15. export or re-export any MentorMeet application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions.
      16. infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to MentorMeet.
      17. infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belongs to you.
      18. commercialise any MentorMeet application or any information or software associated with such application.
      19. harvest or otherwise collect information about users, such as email addresses, without their consent; or
      20. circumvent any technical measures we use to provide the Services.
  1. If you are registering with MentorMeet as a business entity or on behalf of a business entity, you represent that you have the authority to legally bind that entity.
  2. You agree that we will commence supplying our Services to you as soon as you accept this User Agreement. You can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
  3. Additionally, we reserve the right to vary or terminate all or part of our Services and/or not provide all or part of our Services to anyone for any reason and/or period of time, at our discretion.

6.  Abuse towards MentorMeet

  1. Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel orders, remove the visibility of listings, delay or remove any special status associated with the account, reduce or eliminate any discounts, and take technical and/ legal steps to keep you from using our Services if:
      1. we believe that you are creating problems or possible legal liabilities for us, our users, suppliers or other third parties;
      2. we think that you are infringing the rights of third parties;
      3. we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
      4. we believe that such restrictions will improve the security of the MentorMeet community or reduce our or another MentorMeet user’s exposure to financial liabilities;
      5. despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
      6. you fail to make, or it is evident that you are unable to make, full payment of any fees due for our Services by your payment due date.
  2. When a buyer or seller issue arises we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do what we deem to be the right thing for both buyers and seller. Except as permitted by any applicable law which you and we can’t agree to exclude, you mustn’t:
      1. Attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of our systems in any form or media or by any means.
      2. Attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of our systems.
      3. Access all or any part of our systems to build a product or service which competes with them.
      4. Allow or assist third parties to access our systems.
      5. Create multiple accounts to evade punishment or avoid restrictions.

 

7.  Fees

  1. You are required to have a valid payment method on file when selling or buying on MentorMeet. If your payment method fails or your account is overdue, we may collect fees owed by charging other payment methods on file and retaining collection agencies or legal counsel.
  2. You authorise MentorMeet to automatically charge your chosen payment method in accordance with this User Agreement and the applicable billing agreement(s) you agree to when setting up or changing your payment method, for future charges and fees incurred in relation to the Services. This includes, but is not limited to, amounts owed for MentorMeet commission and customer reimbursements or refunds. MentorMeet will notify you of these charges. If payments or amounts owed to MentorMeet cannot be completed through the payment method on file for any reason, you are still required to pay MentorMeet for all unpaid amounts and MentorMeet reserves the right to seek reimbursement through other means plus any additional costs incurred by MentorMeet in seeking reimbursement. You can change your payment method by using the dashboard.
  3. We may display third party advertisements (including links and references thereto) or other content in any part of our Services, at our sole discretion.

 

8. Purchase Conditions

  1. When buying a service, you agree to comply with that:
    1. you are totally responsible for reading the full listing before purchase.
    2. you enter into a legally binding contract with the seller when you purchase the service.

 

9.  Buyer requested cancellations

  1. Buyers can request to cancel an order on MentorMeet within 14 days of their purchase and the Seller will have 3 days to accept or decline the request. If the Seller declines the cancellation request, or already provided the service, buyers will need to resolve this with the Seller directly. The buyers cancellation request should be submitted at least 5 working days before your subscription is set to renew.

 

10. User Content

  1. When providing us with content for your user profile or otherwise (including causing content to be posted using our services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content (including, without limitation, creating and using derivative works). We may in particular use your content, including any photographs you upload, for marketing and promotional purposes. This includes: displaying it to other MentorMeet users as part of the browsing experience on MentorMeet.
  2. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees.

 

11. Our Content

  1. We may offer catalogue and/or product data (including images, descriptions and specifications) that are provided by third parties (including MentorMeet users). You may use that content solely in your MentorMeet listings during the time your listings are on our site. That permission is subject to modification or revocation at any time at our sole discretion.
  2. We try to offer reliable data but cannot promise that the content provided through the Services will always be available, accurate, complete and up-to-date. You agree that MentorMeet is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not hold or attempt to hold us or our product data providers liable for inaccuracies. You agree to ensure that the content directly associated with your listings is and remains accurate, and that you continue to fully comply with this User Agreement and all MentorMeet policies.
  3. The name “MentorMeet” and other MentorMeet marks, logos, designs and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of MentorMeet in the UK and other countries. They may not be used unless expressly authorised by MentorMeet in writing.

 

12. Data Protection and Privacy

  1. For information regarding the processing of personal data by MentorMeet, including sharing such data with third parties and your rights as a data subject, please see our Privacy Policy.

 

 13. Terms of cancellation for the Seller

  1. The seller must have a Stripe account on file with MentorMeet.
  2. When a transaction is cancelled and you choose to refund the buyer via MentorMeet, you authorise MentorMeet to refund the amount directly to the buyer (in the same or other currency). If the funds minus our commission have already been paid to you, then you shall resolve the refund directly with the buyer to the full amount.

 

14. Correcting mistakes in payments to buyers and Seller

We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method given by the seller/buyer.

 

15. Platform availability

We aim to make the MentorMeet site and dashboard available to buyers and sellers on a 24/7 basis. We reserve the right to take some or all of our systems offline as reasonably required for routine and emergency maintenance or repairs. We’ll give you as much notice of such downtime as is reasonably possible. All communications using the internet may be affected by events outside our reasonable control (see “Impact of events beyond your or our reasonable control (force majeure)”).

 

16. Liability

MentorMeet is not responsible for the quality or outcomes of coaching or mentoring services provided by mentors or coaches. We try to keep MentorMeet and its services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our services.

We (including our affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any personal or business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:

  • your use of or your inability to use our services
  • advice given to you by our suppliers, mentors, coaches, sellers or buyers;
  • pricing, or other guidance provided by MentorMeet;
  • delays or disruptions in our Services;
  • viruses or other malicious software obtained by accessing, or linking to, our Services;
  • glitches, bugs, errors, or inaccuracies of any kind in our Services;
  • damage to your hardware device from the use of any MentorMeet Service;
  • the content, actions, or inactions of third parties, including listings listed using our services or the destruction of allegedly fake listings.
  • a suspension or other action taken with respect to your account or breach of the “Abusing MentorMeet” section;
  • the duration or manner in which your listings appear in search results.
  • your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
  • We do not recommend that mentors/coaches meet their mentees/coachees in person, but should they choose to do so we shall not be liable for any of the above or otherwise that might arise because of or following this.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.

You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any services you list on any of our sites. You warrant that you have purchased your own indemnity insurance.

Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. MentorMeet cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users’ purported identities or the validity of the information which they provide to us or post on our site.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to £100.

Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees, or for any other liability that cannot be limited or excluded by law.

 

17. Compensation

You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of MentorMeet’s Services or your breach of any law or the rights of a third party.

 

18. Legal Disputes

If a dispute arises between you and MentorMeet, we strongly encourage you to first seek a resolution by contacting us. MentorMeet Customer Service is available free of charge for every user to submit complaints and other inquiries. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

 

19. Governing law and jurisdiction

This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

Each of us irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement, its subject matter or formation.

 

20. Confidentiality

Information disclosed in the exchanges between sellers and buyers may be used for the purpose of delivering the ordered work, and both parties should protect anything deemed confidential information from unauthorised use and disclosure. Therefore, sellers and buyers agree to treat any information received in their exchanges as highly sensitive, top secret and classified material. Without derogating from the generality of the above, you specifically agree to:

  • maintain all such information in strict confidence;
  • not disclose the information to any third parties;
  • not use the information for any purpose except for delivering the ordered work; and
  • not to copy or reproduce any of the information without the other party’s permission.

 

21. Additional seller terms

a. Becoming a seller on MentorMeet

  1. How to apply and our agreement with you

You can apply to become a seller on our online marketplace here. During the application process:

  • You and we agree to only use and disclose the other’s confidential information as necessary for making and considering your application and to comply with the restrictions in “how we and you must protect each other’s confidential information”.
  • Insofar as you have access to our systems you agree to comply with all relevant restrictions in your use of our systems.
  • The provisions in clause “Other important terms” shall apply to any disputes concerning your application.

An agreement between you and us governed by all these terms will come into force when we accept your application.

2. The policies which form part of these additional seller terms

The policies set out below, which you and we must comply with, form part of these terms and our agreement with you. (See changes to our terms and policies) for how and when we tell you about changes and how you can end this agreement if you’re not happy with a change. The policies are:

  • Seller services policy: Sets out the general terms of our agreement.
  • Relationship: This sets out our relationship to you.
  • Code of Conduct: This sets out what you can and can’t do when creating your profile and listings and when responding to customer reviews.
  • Prohibited services policy: This explains some services we prohibit selling on our platform.
  • Commission and fees policy: This sets out what fees we charge you and how we calculate the commission due to you. See also clause 5 (Fees and commission on your sales).

 

3. Your warranties about the information you give

You represent and warrant that:

  • The information you provide to us in connection with your application to become a seller on MentorMeet is complete and accurate, and you’ll promptly notify us of any changes to it and keep the supplier profile you create on our dashboard up to date.
  • Any documents you submit to us to support your application or in response to any request from us at any time are either genuine documents or true copies of genuine documents.

4. Our rights to verify the information you give us and your compliance with these terms

We may at our option at any time require you to promptly provide us with reasonable evidence that any information you’ve given us is true and up to date and that such information and your behaviour is in compliance with these terms. Such information includes (but is not limited to) information in connection with your application to become a seller on MentorMeet, in your profile and in the listings for your service offerings.  We can suspend or restrict individual listings until you’ve supplied this evidence and end this agreement if you don’t comply with this requirement.

You permit and instruct us to collect information about you and in connection with your performance of this agreement (including without limitation the services you list on MentorMeet) and disclose it to tax, or other governmental or regulatory authorities as required by law or for compliance with our legal obligations.

5. Seller services policy

You agree to provide mentoring and/ coaching services exclusively through the MentorMeet Platform, as described in the profile, to individuals seeking mentoring/coaching services (the “buyers”).

You will maintain an active and informative profile on the platform, which accurately represents your qualifications, areas of expertise, availability, and pricing.

You shall provide your services in a professional and ethical manner, in compliance with all applicable laws and regulations, including our Code of Conduct.

You agree to offer a 14 day free trial for any new buyers purchasing services from you through the MentorMeet platform.

No cancellation request from you will be accepted 28 days after an order being received for your services.

6. Relationship

You are an independent contractor and not an employee, partner, or agent of MentorMeet. You shall be solely responsible for the payment of any taxes or fees related to your income.

 

b. Communications

1. Our communications with each other

When we accept your application to become a seller, we’ll give you an account with access to your dashboard. We’ll generally use the dashboard to tell you about customer orders, questions, cancellations and complaints and also other things about our service, such as changes to these terms and our policies. We may also at times contact you via telephone, email or other methods.

You should use your dashboard to get in touch with us wherever possible, but we may also give you other ways of contacting us. Before contacting us, you may want to look at our Frequently Asked Questions.

 

2. Your communications with buyers

You must always use the dashboard to communicate with buyers who have ordered with you through MentorMeet or enquired about your products through MentorMeet.

If a buyer or potential buyer contacts you about your services through MentorMeet you must not in any way ask or encourage the customer to buy those services (or repeat orders for those or similar services) either directly from you or from another source.

 

22. Your use of our systems

You may only use our dashboard and the other computer systems that support, operate and comprise MentorMeet (our systems) for listing and selling your products and communicating with us and your buyers as envisaged in these terms.

You agree to use all reasonable security practices to prevent unauthorised access or damage to our systems. These practices include but are not limited to:

  • Making sure any devices you use to access our systems have up to date anti-virus protection and not introducing any viruses into our systems.
  • Ensuring that your log-in details and passwords for our systems:
    • are only used by you.
    • are not shared between users; and
    • are changed as and when prompted by our systems OR no less frequently than once every three months.
  • Telling us immediately if you think that log-in details or passwords are being or may be used in an unauthorised way or that the security of our systems has been compromised in any other way.

1. Creating your profile and listing services on mentormeet.com

Once we have created your profile, you can update your listing to sell your services on MentorMeet through your dashboard. You represent and warrant that you’ll:

  • Only list services which comply with all applicable legislation and regulations affecting them and don’t infringe third party rights or other intellectual property rights.
  • Include in your listings, or where appropriate your profile, all the information about you and your services and how you’ll fulfil orders that is needed to comply with consumer protection law. Our customer interface will prompt you to provide this information, but you’re responsible for making sure you comply with the law. For more on these information requirements, please see the Trading Standards’ advice on online selling at businesscompanion.info

You must ensure that your profile and the listings for your services:

  • Comply with our Code of Conduct, which bans things such as obscenity and defamation.
  • Only feature high quality images and descriptions, which you have all the necessary intellectual property and other rights to use in this way on MentorMeet and to license to us as set out in “Our use of your branding and other intellectual property rights”.
  • Are in the English language and be clear and comprehensible.
  • Display real-time information about your availability and services. You must be able to meet reasonably expected demand from buyers, and respond to queries/orders within three working days. You must delist any services that have been discontinued.
  • Don’t include anything which would encourage or allow buyers to contact you other than through the dashboard, such as email, website addresses or other links except for a LinkedIn profile link. We reserve the right to remove such information.
  • Don’t use any search engine optimisation techniques which breach search engines’ guidelines or involve deception, including but not limited to keyword stuffing.

2. Pricing your services (including VAT and packaging and delivery charges)

How you price your services is entirely up to you and you can change the price for your services at any time using the dashboard. Please allow a reasonable time for revised prices to be displayed on MentorMeet. We’ll charge buyers the price shown on MentorMeet at the time they submit their order.

Your prices must be inclusive of the following:

  • Supply VAT.
  • Any taxes, brokers’ fees and other amounts payable in connection with your supply of services to buyers.

 

23. What happens when we invite you to join marketplace promotions

We may invite you to participate in promotions on MentorMeet, for example, by paying us for a more visible listing, or offering discounts. The terms of such promotions will be detailed from time to time in our correspondence with you.

 

24. Dealing with customer orders, refunds and complaints

1. What we do when a customer orders

Buyers ordering services from MentorMeet accept our User agreement and privacy policy which can be accessed from any page on the MentorMeet site.

When a buyer orders one of your services from MentorMeet, we, acting as your agent in your name and on your behalf, will:

  • Send the customer an order acknowledgement email in our standard format.
  • Promptly inform you of the customer order via email, and on the dashboard.
  • Send the customer an order acceptance email in our standard format and so form a direct contract for you to supply your services to the customer. The contract is between you and the customer, unless you tell us that you can’t fulfil an order within 3 working days.
  • If you tell us that you can’t fulfil an order, send the customer an order rejection email in our standard format.
  • Take payment for customer orders for your services when we confirm acceptance of an order in your name and on your behalf.

Our order acceptance email will include all the information about the ordered service which you’ve included in your product listing.

 

2. What you must do when you receive a system notification about an order

When we tell you about an order you must:

  • Using the dashboard, tell us as soon as possible, and in any event within 3 working days if you won’t be able to supply the services.
  • In all other cases, subject to the dashboard confirming that an order has been made, supply the service to the buyer, commencing with an initial introductory session for the buyer or some other form of contact that the buyer is agreeable to as satisfactory within the 14 day trial period.

 

3. Dealing with customer questions about orders

You must deal promptly and professionally with any customer questions about orders (using the dashboard).

 

4. Dealing with customer cancellations

We’ll tell you if a buyer contacts us to cancel an order. When we do so, or when a buyer contacts you directly to cancel an order, you must inform us and honour any further commitments you’ve made in your service listing or other marketing or advertising. You must promptly tell us of any refunds due to buyers who have cancelled and these will be dealt with as described in “How buyers are refunded”.

 

5. How you must handle customer complaints

We’ll tell you if a customer complains to us about you or your service, including any complaints that services have not been delivered or that cancelled orders have not been refunded and provide you with all relevant details about the complaint.

You must deal with complaints we tell you about, and any complaints you receive directly from buyers, in a way that complies with consumer law see the Trading Standards advice on online selling at www.businesscompanion.info and honour any additional commitments or guarantees you’ve made in your product listing or other marketing or advertising.

We may offer assistance to sellers and buyers to help them resolve disputes arising out of the supply or non-supply of services through MentorMeet. You agree to co-operate fully in this process, and you’ll engage in mediation to resolve any dispute with buyers as set out in our standard terms for buyers.

All of your communications with buyers about complaints should be made through our dashboard.

If, in relation to any dispute with a customer, you don’t engage in dispute resolution, as required by these terms and in good faith, then we may refund and/or compensate the customer on your behalf. We can also do this if you don’t abide by any commitment you’ve made during dispute resolution, any settlement reached through mediation or any ruling made by a court or other competent authority. Refunds will be handled as set out in “How buyers are refunded”. You must reimburse us for payments made in compensation, see “When you must pay our invoices”.

(See also “Claims and actions against us in connection with you or your products”).

 

25. How customer reviews are collected and displayed

We and you agree to use our best efforts to make sure that customer reviews on MentorMeet are from buyers who have bought services and tried them and who are not connected with the relevant supplier or in any way encouraged or incentivised to post a favourable review.

You may use the dashboard to invite buyers to whom your services have been delivered to review your services and to remind them of this invitation up to one time.

Buyers submitting a review do so in a prescribed format which may involve a free text box. Our software may block language in customer reviews which is not permitted under our Code of Conduct but we don’t guarantee that it will do so. You’re responsible for checking reviews for compliance with our Code of Conduct and telling us if you consider that a review breaches it. If we agree, we’ll remove the review from the site and inform the customer we’ve done so.

You may respond to reviews using the customer interface, provided your response complies with our Code of Conduct. We’ll publish your response below the review unless we reasonably think that it doesn’t comply with our Code of Conduct (we may remove responses on this basis at any time after they have been published).

Apart from an initial invitation to review your services submitted through the dashboard and up to one reminder you mustn’t directly or indirectly contact buyers (whether through the dashboard or using any other contact details you have for buyers) either to encourage them to submit any review or a favourable review or to change or withdraw a review.

 

26. Commission and fees policy

1. What we pay you for services sold on MentorMeet

We’ll transfer you the sums received by us from buyers for your services less:

  • Our commission of Twenty percent (20%).
  • Any fees or other sums we’ve invoiced you for and which are unpaid at the time we pay you, whether or not the due date for payment has arrived (see “When you must pay our invoices”).
  • Any sums owed to us in connection with any “third party claim” under “Compensation for claims against us” which are unpaid at the time we pay you.

We charge buyers in pounds sterling and account to you in pounds sterling.

Our commission is calculated as twenty percent (20%) of the total price paid by the buyer for the service (including any optional).

You must account to HMRC for any VAT due on UK sales of your services on MentorMeet (or any relevant authority in relation to the country you are domiciled in) and fully comply with your tax obligations in connection with the use of our services and the offer and sale of your services on MentorMeet including the collection, reporting, filing and payment of any and all applicable taxes (such as VAT, taxes and duties) and other governmental assessments.

2. When we transfer money to you

Within fifteen days of the end of each month we’ll credit such sums for services rendered ‘complete’ on the dashboard to your provided Stripe account via the dashboard.

3. When you must pay our invoices

You must pay any invoices we submit to you within five days of receipt.

4. Interest on late payments

If either of us fails to make a payment due to the other under these terms by the due date, then, without limiting the other party’s remedies, the defaulting party shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.

5.How buyers are refunded

If you instruct us to refund a buyer on your behalf, we’ll do so provided we can deduct such sums from money due from us to you. We are not obliged to refund more than the sums collected from the customer at checkout. If we can’t deduct such sums from money due from us to you, we may either require you to refund buyers directly or choose to refund buyers ourselves and you must pay us the sums we refund in this way. See “When you must pay our invoices”.

6. Our and your rights of set-off

Save as expressly provided in these terms you and we shall each pay all amounts due under this agreement in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

7. Orders from outside Great Britain

MentorMeet only displays information to buyers in the English language, only accepts payment in pounds sterling and makes this clear to buyers. MentorMeet also has a co.uk web address. Despite our taking these steps, buyers from outside Great Britain may succeed in ordering your services from MentorMeet. Buyers from outside Great Britain may have rights under their local laws which apply as well as or instead of their rights under English, Welsh and Scottish law and our standard terms for consumers. If you don’t wish to accept such orders, it is your responsibility to reject them as indicated in “What you must do when we tell you about an order”.

 

27. Using each other’s branding and other intellectual property rights

1. Your use of our branding

You may publicise your listings on MentorMeet outside MentorMeet, for example, on social media. In doing so you must take care not to in any way suggest that you or your listings are endorsed, controlled, or created by MentorMeet. You can share the URL for your listings and seller page and state that your services can be bought on MentorMeet. However, you can’t use the MentorMeet stylised name or logos either on their own or in combination with another word or use the MentorMeet name in your social media profile name or photo. You also can’t create content with the same look or feel as that of MentorMeet.

 

2. Our use of your branding and other intellectual property rights

You grant us a non-exclusive, worldwide, royalty-free licence to host, reproduce, display and publish any content, data or information (including trademarks and branding) you provide to us in connection with you and your services (your materials) for the purposes of listing and selling your products on MentorMeet [and through the sales channels and operating, improving and marketing MentorMeet in any media.

(Claims and actions against us in connection with you or your products) sets out what happens if someone claims that our use of your materials (as set out above) infringes their intellectual property or other rights.

As soon as commercially reasonably practical after this agreement ends, we’ll stop all use of your materials on MentorMeet. However, we reserve the right to continue using your materials for the purposes and period set out in “Your obligations after this agreement ends” and “Our obligations after this agreement ends”.

Except as stated above, we won’t acquire any rights to your materials and any goodwill generated by our use of your materials on MentorMeet or through our marketing activities will accrue to you.

 

28. Suspension of listings, ending this agreement and disputes

1. When we’ll suspend your listings or end this agreement

We can suspend or restrict any individual listing you make on MentorMeet if we become aware, or have reason to believe, that what you’ve told us about your services or said about yourself in the listing for it is not true, or up to date, or that the service, or the listing doesn’t comply with these terms, including our policies (see “The policies which form part of these terms”) or is otherwise unlawful.

We can end this agreement and your rights to use MentorMeet for any of the following reasons:

  • You’ve not complied with these terms, including the policies referred to in them and your non-compliance is more than trivial or is repeated.
  • You’ve not paid one of our invoices by the due date (see “When you must pay our invoices”).
  • You’ve become insolvent or you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business or your financial position deteriorates to such an extent that we think your ability to fulfil your obligations under this agreement is at risk.
  • We reasonably consider that our continuing to provide services to you could expose MentorMeet to disrepute, contempt, scandal or ridicule, or would tend to shock, insult or offend the public or reflect unfavourably on MentorMeet’s reputation or the other sellers selling on MentorMeet.
  • We decide to stop providing MentorMeet or to stop selling your type of services on MentorMeet.
  • We reasonably determine, or receive information or notice from HMRC, that you are not meeting your tax obligations.

We will aim to give you some notice that we are ending this agreement unless:

  • Our legal, tax or regulatory obligations require us to end this agreement without such notice.
  • It’s imperative for us to end this agreement either immediately or on shorter notice. For example, we may end this agreement with immediate effect if you become insolvent or we discover that your services are unsafe or counterfeit or present a danger to minors, or if we reasonably suspect you of fraud or of using MentorMeet to spam others.
  • We have determined that you have broken this agreement.

If we are suspending or restricting an individual listing or ending this agreement, we’ll normally give you a written statement of the specific facts or circumstances which led to our decision and which of these terms we consider you’ve broken. If we’re acting in response to a notification from someone else, we’ll also share the contents of that notification with you. However, we won’t give you such a statement if:

  • We’re subject to a legal, tax or regulatory obligation not to provide the specific facts or circumstances or to set out our reasons.
  • We’re ending this agreement because you’ve repeatedly broken it.

We’ll send our statement to you via email or another durable medium. Where we are suspending or restricting an individual listing, we’ll send the statement before or at the time of the suspension or restriction. If we’re ending this agreement, we’ll send the statement at the same time that we give notice that we are ending this agreement.

See also “Your obligations after this agreement ends” and “Our obligations after this agreement ends”.

 

2. How to complain if you’re not happy with our services including any decisions we’ve taken

If you want to complain about our services or the way we’ve treated you, including because you disagree with us refunding or compensating a customer, restricting or suspending a listing for your service or ending this agreement, please contact us using the messaging function within your dashboard.

You and we agree to try our best to resolve all complaints. If we can’t resolve your complaint, either of us can request mediation (see “You or we can request mediation of disputes”). In addition, we are both able to bring legal action at any time (see “Governing law and jurisdiction”).

 

3. You or we can request mediation of disputes

Either you or we can request that any dispute between us be referred to an independent mediator. Any such requests should be submitted through the dashboard. Both you and we must act in good faith when considering any requests for mediation and engaging in any mediation.

We may refuse mediation of a dispute which has previously been mediated if the mediator determined you weren’t acting in good faith in that mediation. We may also refuse mediation of any dispute connected to other disputes in which a mediator has repeatedly found in our favour.

We’ll bear a reasonable proportion of the total costs of any mediation, taking into account all relevant elements of the dispute, as determined by the mediator.

 

4. How you can end this agreement

You can end this agreement with immediate effect by giving us notice, using the dashboard, for any of the following reasons:

  • We’ve not complied with these terms, including the policies referred to in them and our non-compliance is more than trivial or is repeated and (if our non-compliance is remediable) we’ve not remedied it within 30 days of you asking us to do so.
  • We’ve become insolvent or we suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of our business or our financial position deteriorates to such an extent that you think our ability to fulfil our obligations under this agreement is at risk.

You may stop using MentorMeet at any time. This agreement will end when you’ve informed us, using the dashboard, that you no longer wish to use MentorMeet.

5. Your obligations after this agreement ends

After this agreement ends (for whatever reason) you will (unless we tell you otherwise):

  • Continue to comply with these terms insofar as they relate to customer orders received through MentorMeet before removal of your service listings. You need only comply with the version of these terms which applied when this agreement ended.

6. Our obligations after this agreement ends

After this agreement ends (for whatever reason) we:

  • May remove all listings for your services from MentorMeet, if you’ve not already done so, and reject any order received after this agreement ends.
  • May remove your customer facing seller profile from MentorMeet, if you’ve not already done so, except that we can keep it live until 30 days after your fulfilment of the last order you received through MentorMeet, to allow buyers to contact you about orders previously submitted.
  • Will continue to comply with these terms insofar as they relate to customer orders received through MentorMeet before removal of your service listings, including by paying sums due to you for such orders. We’ll comply with the version of these terms which applied when this agreement ended.
  • Will stop giving you access to data (including personal data) generated by your use of MentorMeet.

 

7. Deadline for us to make claims against each other

Unless either of us notifies the other that they intend to make a claim in respect of an event within the notice period, the other shall have no liability for that event. The notice period for an event starts on the day on which the party claiming became, or ought reasonably to have become, aware of their having grounds to make a claim in respect of the event and expires 3 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.

 

29. Claims and actions against us in connection with you or your services

1. Dealing with claims against us

We’ll pass on to you any complaints we receive about you or one of your services as described in “How you must handle customer complaints”. However, if anyone, including (but not limited to) a buyer, any regulator, HMRC, couriers or any third party rights holder, makes a claim or takes any kind of action against us in connection with:

  • Your services and/ their supply through MentorMeet.
  • Content you’ve uploaded to or otherwise distributed through our systems, including but not limited to your supplier profile, your listings, your communications with buyers, advertising, and any omissions or inaccuracies in such content.
  • Things we have or haven’t done in reliance on information you’ve provided (or omitted to provide) to us, including our exercise of rights you’ve granted to us.
  • Things you have or haven’t done including but not limited to any breach of these terms and our policies,

(a third party claim), then you must, at our option and as we request, either help us defend or deal with the third party claim or defend or deal with it on our behalf, in each case at your own expense. If we ask you to defend or deal with a claim on our behalf, you must get our prior written agreement before settling or compromising it or attempting to do so.

 

2. Compensation for claims against us

You must pay us an amount (calculated on a full indemnity after-tax basis) equivalent to any liabilities, fines, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and any tax liabilities or third party charges such as brokers’ fees) and all interest, penalties and legal costs and all other reasonable professional costs and expenses (liabilities) we incur arising out of or in connection with any third party claim. See “When you must pay our invoices”.

 

30. Compliance with the law and our mandatory policies

1. You must comply with the law and our mandatory policies

You must always when doing anything in connection with this agreement comply with:

  • All applicable laws, statutes, regulations and codes from time to time in force including without limitation the CAP Code.
  • Our mandatory policies on:
    • Anti-slavery and human trafficking;
    • Corporate and Social Responsibility.
    • Anti-bribery, Anti-corruption and anti-facilitation of tax evasion.
    • Code of Conduct; and
    • Data and Privacy.

 

31. Changes to these terms

1. How we make changes to these terms

From time to time we will make changes to this user agreement and it is your responsibility to ensure you continue to comply with the terms.

We will aim to give you fifteen days notice if we’re making changes that impacts on the way you do things, either technically or commercially (a significant change). For example, you might need notice if we entirely remove a feature from MentorMeet, add a new feature or if you need to adapt your services or reprogramme your services to continue using MentorMeet.

We won’t give you advance notice if we have to make a change with immediate effect, whether for legal or regulatory reasons or to protect MentorMeet, our suppliers or our buyers from fraud, malware, spam, data breaches or other cybersecurity risks.

If you list new products on MentorMeet after we’ve told you about any changes (other than a significant change), you will be deemed to have agreed to those changes and they will take effect immediately.

 

2. What you can do if you’re unhappy about changes we’ve made

If you’re unhappy with any changes we tell you about, you can normally end this agreement. The exceptions are that you can’t end this agreement because of a change if:

  • You’ve listed new services on MentorMeet after being told about the change (although this will not prevent you from ending this agreement for a significant change).
  • You’ve previously told us that you accept the change.

See “How you can end this agreement”.

 

32. Other important terms

1. Impact of events beyond your or our reasonable control (force majeure)

Neither you nor we (the affected party) shall be in breach of this agreement or otherwise liable for any failure or delay in performing their obligations if such delay or failure results from events, circumstances or causes beyond the affected party’s reasonable control. The time for performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for two months, the party not affected may end this agreement by giving 30 days written notice to the affected party.

 

2. We can transfer our rights and obligations under this agreement

We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with (transfer) any or all of our rights and obligations under this agreement.

3. What happens if you want to transfer your rights and obligations under this agreement (including by using subcontractors)

You need to get our consent before you can transfer any of your rights and obligations under this agreement, including by using subcontractors. You can ask us for approval using the dashboard. We will not allow you to subcontract to someone who isn’t pre-approved by us or otherwise transfer all your rights and obligations to someone else.

4. How we and you must protect each other’s confidential information

Neither you nor we (the recipient) shall at anytime disclose to any person any confidential information concerning the business, assets, affairs, buyers, clients or suppliers of the other (the discloser) or of any member of the group of companies to which the discloser belongs, except:

  • To the recipient’s employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the recipient’s rights or carrying out its obligations under or in connection with this agreement. The recipient shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the discloser’s confidential information comply with this clause (“How we and you must protect each other’s confidential information”).
  • As may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

The recipient shall not use the discloser’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.

5. Neither we nor you are bound by anything said but not included in this agreement

This agreement (comprising these terms and the policies referred to in them) in addition to our privacy policy and our instructional videos, constitutes the entire agreement between you and us in relation to our services.

Both you and we acknowledge that in entering into this agreement neither of us relies on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Both you and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

6. Informal changes to this agreement aren’t valid

Except for changes made as described in “How we make changes to these terms”, no variation of this agreement shall be effective unless it is in writing and signed by you and us.

7. You and we can only waive our rights under this agreement in writing

A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

8. Invalidity of part of this agreement doesn’t affect the rest of it

If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.

9. Only you and we have rights under this agreement

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

Neither you nor we require the consent of any other person to rescind or vary this agreement.

 

33. Prohibited services policy

You may not list for sale through MentorMeet any services which:

  • Violate the intellectual property, confidentiality or privacy rights of others.
  • Violate any laws, including those governing export control and consumer protection.
  • You don’t have authority to sell.

 

34. General

Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the MentorMeet site.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

The User Agreement and all policies posted on our site are the entire agreement between you and MentorMeet and supersede all prior understandings and agreements of the parties.