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Mentee Mentor

Terms And Conditions

This Agreement is made between Propellher Pty Ltd trading as PropellHer (we, us or our as the context may require) and the person (you or your as the context may require) who wishes to register or registers as a Participant with us. Your agreement with us (this Agreement) includes the terms and conditions set out below (these Terms). In consideration for the mutual obligations and promises set out in these Terms, among other things, you agree with us as follows:

Our Website

You acknowledge and agree that your access to and use of our Website is subject to our Terms of Access and Use that we may amend or replace from time to time. If you do not agree to be bound by our Terms of Access and Use you must cease and permanently desist from accessing or using our Website. In the event of any inconsistency between these Terms and our Terms of Access and Use, these Terms shall apply to the extent of that inconsistency.

Our Website is provided on an ‘as is, as available’ basis and access may be interrupted for maintenance and repairs, or for any other reason, and access to any content or to any services whatsoever cannot be, and is not, guaranteed. We do not warrant, guarantee or make any representation that our Website or our services are error-free or will operate uninterrupted.

Participants must register with us for an Account.

You must register with us for an Account before you can access or use certain features or functionality on our Website. You agree and acknowledge that each Account must be used in accordance with and subject to these Terms and we may change, discontinue or add any features or functionality on our Website from time to time without further notice to you.

Registration and Accounts.

You may apply to register with us by completing the registration application on our Website. If you are a natural person, you must be at least eighteen years old to register with us. You must not provide any false information to us, register for anyone who has not authorised you to do so on their behalf, register more than once or register under a different identity if we have previously refused to register you or we have disabled your Account.

If we approve and process your application we will establish an Account for you and provide you with access to and use of features and functionality of our Website in accordance with and subject to these Terms. Each Account remains our exclusive property and you acknowledge and agree that we have the right to control each Account in our sole discretion. You must never share any password for an Account with any other person or transfer an Account to any other person without our prior written consent. We may refuse to register you, cancel your registration, cancel or suspend an Account you use or we may deny you access to or use of our Website or any part of our Website at any time or times at our sole discretion including in the event that you do not fully comply with these Terms or our Terms of Access and Use.

Your Personal Information.

You acknowledge and agree that you must provide us with Personal Information in order to enable us to register you and establish your Account. If you do not wish to provide us with Personal Information then you must not register with us. You consent to the collection, use and disclosure of your Personal Information by us or on our behalf in accordance with the applicable privacy laws, the Terms of Access and Use and our Privacy Policy to enable us to perform our obligations to you and to third parties, to provide you with our services from time to time or to offer to provide you with goods or services from time to time. If you do not want us to use or disclose your Personal Information then you must not register with us.

Special Obligations relating to the use of Accounts.

An Account gives you access to certain features and functionality of our Website and enables you to make contact, communicate and share information with other persons. You agree that you must use any Account we provide you in accordance with these Terms and our Terms of Access and Use. You must never, in any communication you make or actions you take on or by means of our Website or using an Account, behave offensively or in a manner that is threatening, intimidating, bullying or harassing, mislead any person, advertise or promote any goods or services without our prior written consent, breach any of our policies or these Terms, violate another person’s rights or sensibilities, violate any law, interfere in the operation of our Website or behave in any way whatsoever that is, in our opinion, not in our best interests or is disruptive to our Website or to our services or in any way diminishes the enjoyment of our Website or our services to any persons whatsoever.

You agree and acknowledge that to the maximum extent allowed by law you are personally liable for any communications, posts, transmissions, uploads or publications (of any nature and in any form whatsoever) that you make using our Website or an Account and you assume all risks that arise from your actions or omissions whilst accessing or using our Website.

Special Obligations for Mentors.

In the event that you register with us as a Mentor you agree and acknowledge that you must comply with the obligations set out in this section of these Terms. Our Website enables the sharing of the knowledge, views, opinions, information and experiences of Mentors with other persons and you acknowledge and agree that we may use a variety of means to enable that to happen. Any person visiting our Website will be able to see information you have shared. You consent for us to publish or display information and opinions about you on our Website or in any communications with Mentees, Mentors, Employers or other persons from time to time. Mentees and visitors to our Website may browse for information relating to Mentors they may wish to contact and we may use our methods or analysis to recommend you to, or match you with, a Mentee. You agree and acknowledge that:

  1. we provide a wide variety of persons with the opportunity to register with us as a Mentee, Mentor, Employer or in some other capacity, it is our policy to attract a wide and varied selection of Mentees, Mentors, Employers and guests to our Website and we have no ability or any obligation whatsoever to, and do not, independently check or verify the qualifications, experience, suitability or capacity of any person to be a Mentor, Mentee or Employer;
  2. Mentees and other users of our Website are not employed by us and access or use our Website solely at their own initiative and for their own personal reasons and may behave in an unexpected way at any time;
  3. we may, but have no obligation to, edit, delete or alter any messages or comments that you make or any other person makes by means of our Website that we consider at our sole discretion to be unsuitable;
  4. in the event that you wish to register with us as, or on behalf of, an Employer you must do so subject to and in accordance with these Terms;
  5. any representations you make or information you upload regarding your experience, qualifications or suitability to provide advice or guidance to any person must be accurate, complete, truthful and not misrepresent any material fact or mislead or deceive any person;
  6. you are solely responsible and liable for any representations, comments, opinions, suggestions, guidance or observations that you make to any Mentee or other person whatsoever by means of our Website; and
  7. you must not purport to represent or speak on behalf of any other person, including your employer, without the genuine and informed consent or authorisation of that person.

Special Obligations for Employers.

In the event that you register with us as an Employer you agree and acknowledge that you must comply with the obligations set out in this section of these Terms. Employers may list information about themselves, list job vacancies and link to affiliated Mentors on our Website. You must not register or attempt to register with us as an Employer unless you are authorised to do so by the person on whose behalf or in whose name the registration is sought. You must not access or use or attempt to access or use an Employer Account unless you have the genuine authorisation or consent of the person on whose behalf or in whose name the Employer Account has been created. For the sake of certainty, only an authorised representative of a person may register with us for an Employer Account on behalf of or in the name of that person. You agree and acknowledge that:

  1. you must not publish or cause to be published any information on, in connection with or by means of, our Website about any person that is inaccurate, untrue, misleading or deceptive;
  2. you must not promote any activities that are unlawful in any jurisdiction in which it may be viewed or is considered to be immoral or offensive by any community or group who may view it;
  3. we may publish or display information and opinions about you on our Website or in any communications with Mentees, Mentors, Employers or other persons from time to time;
  4. users of our Website may browse our Website for information relating to Employers they may wish to contact;
  5. you must not create or seek to create a link to any Mentor or other person by means of an Employer Account unless the Mentor gives their genuine consent to do so and the link is not misleading or deceptive; and
  6. you are solely responsible and liable for any representations that you make to any person whatsoever by means of our Website.

Special Obligations in respect of job vacancies.

You warrant and acknowledge that, before you list any job vacancy on our Website, you shall determine your requirements in respect of that vacancy and you shall accurately describe those requirements in your listing. You acknowledge that you may have obligations under applicable laws not to advertise or list a job vacancy as being available when it is not. You warrant and represent to us that each vacancy you list on our Website is available and shall remain available until filled by a suitable person. You must not list any job vacancy that relates to work that is unlawful in any jurisdiction in which it may be viewed or is considered to be immoral or offensive by any community or group who may view it. You agree to immediately indemnify us and our Personnel and to keep us and our Personnel indemnified against any costs, expenses, fines, penalties, damages, losses or harm we may suffer or incur in connection with or arising from any job vacancy advertised or listed on Our Website by you or on your behalf. We may, at our sole discretion, refuse to list any job vacancy or remove any listing for a job vacancy without giving any reason for that refusal or removal.

Your Statements.

You acknowledge and agree that our Website enables the sharing, publication or communication of the opinions, views and statements of Mentors, Mentees, Employers and other persons in a manner that we do not control. Any statements, opinions, views or other comments you make by means of our Website may be published, communicated, reproduced, adapted or altered by persons using our Website and without our knowledge or control.

Premium Services.

‘Premium Services’ means the services we provide on or through our Website to Employers and others for a fee. Fees for Premium Services may require a one-time payment or may require a recurring payment. Our Website contains important information, terms and conditions regarding the Premium Services which are part of and are incorporated into these Terms. Premium Services have only the features, functionality or characteristics expressly referred to on our Website or in these Terms.

Purchasing Premium Services.

You agree to purchase any Premium Services by first placing an order with us for the Premium Services you wish to purchase, completing the Account upgrade process or Shopping Cart process on our Website and indicating to us, by any of the means available through our Website, that you wish to submit your order or proceed with your purchase. If you purchase any Premium Services from us you agree to pay us the Price for the Premium Services you purchase in full. You agree that we may correct any errors or omissions in any Price that may inadvertently be displayed on our Website or in the Shopping Cart.

GST.

Unless otherwise expressly stated, amounts payable by you to us on our Website or in the Shopping Cart include an amount of GST. In the event that any amount payable by you to us on our Website does not include an amount of GST, if we incur a liability to pay GST in connection with a supply to you under this Agreement, the consideration that you must pay to us for that supply is increased by an amount equal to the GST liability that we incur in making the supply and that amount is payable at the same time as the consideration is payable in respect of that supply.

Payments.

We do not provide credit to you. The prices or costs of Premium Services are set out on our Website and may change at our sole discretion from time to time. In the event that we change the Price or costs of any Premium Services we will notify you of those changes on our Website. You may pay for Premium Services you purchase from us by using credit or debit card facilities offered by third parties (including Visa, MasterCard or through a suitable PayPal account) that are accessible from our Website by means of software or a payment facility provided by a third party financial institution of our choosing. As soon as you confirm your order with us we will request authorisation through our financial institution to charge the Price of your order against the financial institution account linked to your method of payment. If a Premium Service requires you to pay us a recurring amount on a monthly or other regular basis then we will charge that recurring amount against the financial institution account linked to your method of payment when it becomes due. Your use of a credit or debit card is subject to the terms and conditions of its use (including in relation to credit limits, daily spending limits and account verification or security requirements). We will not process your order or may cancel a Premium Service that requires a recurring payment if your credit or debit card provider declines authorisation for any reason whatsoever. Generally, we do not record your credit or debit card details and pass those details directly to our financial institution, however, you irrevocably consent to our collection, use and disclosure of any Personal Information relating to you (including financial information) for the purposes of obtaining authorisation from a financial institution, to obtain payment for any purchase of Premium Services you have made from us or to recover any money owing to us. For the sake of certainty, other than for Premium Services that require recurring payments, you must pay us the full Price for Premium Services you have purchased immediately upon your purchase of those services.

Cancellations.

You may cancel your registration and Account with us at any time by providing notice to us in the manner provided on our Website or by sending us an email to customerservice@propellher.com. You may cancel any Premium Service that requires a recurring payment in the manner provided on our Website or by sending us an email to customerservice@propellher.com. If you cancel your order for any Premium Services with us it may take up to 30 days to reverse any authorisations placed on your credit or debit card account.

Providing Premium Services to you.

We may delay providing Premium Services until we receive authorisation to charge the financial institution account linked to your method of payment. We will endeavour to provide all Premium Services to you within any corresponding time stated on our Website (if any), however, to the fullest extent permitted by law, we are not liable to you for any damages or losses you suffer or incur if any Premium Services are not provided within that time. All Premium Services are delivered by electronic means through our Website unless we agree or provide otherwise. You must pay us additional fees for any special requirements you have that we have agreed to meet. You must pay us any reasonable costs we suffer or incur if we are unable to provide Premium Services to you because you have not complied fully with these Terms or have given us inaccurate information.

Warranties, Guarantees and Repairs.

If we offer or supply any goods through our Website or by any other means, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Other than those statutory guarantees that apply to the goods or services that we supply to you, which are not excluded, modified or restricted by these Terms, and other than the warranties expressly set out in these Terms, to the fullest extent permitted by law, we do not give any guarantee or warranty or make any representation of any kind, express or implied, with respect to the supply of goods or services under or in connection with this Agreement. To notify us of a major failure or any defects you can contact us through our Website or send us an email at customerservice@propellher.com.

Limitations on our Liability to you.

Nothing in these Terms restricts, modifies or excludes any rights you have, or obligations that we have, that cannot be lawfully restricted, modified or excluded. To the fullest extent permitted by law, our liability in connection with this Agreement is, in the case of services, limited at our option to either supplying the services again or paying the cost of having the services supplied again and, in the case of goods, limited to replacing or repairing the goods. You agree and acknowledge that our liability for anything in relation to Premium Services and their use including damage or economic loss to anyone, is limited as much as it lawfully can be. To the fullest extent permitted by law, we are not liable to you for any damages or losses you suffer or incur in connection with your reliance on the truth or accuracy of any third party statements or view expressed on or by means of our Website. Subject to statutory rights that you have under the Australian Consumer Law or other laws, which are not excluded, modified or restricted by this provision, we are not liable to you or any other person, whether in contract, tort (including negligence), under any statute (to the extent permitted by that statute) or otherwise for, or in respect of, any direct, indirect or consequential loss or damage (including loss of profits, loss of revenue, loss of anticipated savings, pure economic loss, loss of opportunity or expectation loss) or any special, punitive or exemplary loss or damage incurred or suffered by you and arising out of any breach or other act or omission in connection with this Agreement, nor for any amounts payable under obligations of indemnity or restitution or other entitlements you may have to compensation.

Default and Termination.

If you fail to comply fully with these Terms then we may at our election terminate or suspend any Account or cease providing any services, including Premium Services, to you.

Indemnity.

In addition to each indemnity in these Terms, you immediately indemnify each of Our Group and shall keep each of Our Group indemnified against any claims, losses, damages, judgments, liabilities, costs (including legal costs on a solicitor/client basis), debt collection fees, expenses, charges and disbursements any of Our Group may directly or indirectly suffer or incur arising out of or in connection with: your use or inability to use our Website; any representations, comments, opinions, suggestions, guidance or observations that you make to any Mentee or other person whatsoever by means of our Website; anything communicated to you by a Mentee, Mentor or Employer or any reliance by you on what a Mentee, Mentor or Employer has communicated to you; your failure or refusal to comply with your obligations under these Terms; any breach by you of any term, condition or warranty under this Agreement; or any act, omission or negligence by you.

Application, Entire Agreement and Variation.

These Terms apply to each sale or delivery of goods or services by us to you. Each request by you to access our Website or to obtain goods or services from us is deemed to be an offer to obtain those goods or services on and subject to these Terms. These Terms record the entire agreement between you and us and supersede and prevail over anything else that has been communicated between you and us (including by means of our Website), is contained in any materials we provide to you or is referred to in any order or any other document containing terms or conditions that you give us from time to time. These Terms may only be changed by prior written agreement with us.

Intellectual Property.

We or third parties own or licence and reserve all Intellectual Property rights in the content of our Website, the Premium Services and any other goods or services we provide through our Website and any materials we notify or provide to you from time to time. If we make available our Intellectual Property to you, all proprietary rights to that Intellectual Property shall remain our property. In the event that you upload, post or share any content or information on our Website or by means of an Account you grant us an irrevocable, non-exclusive, transferable, royalty-free, worldwide licence to use that content or information (Licence) and you warrant to us that you have the right to provide us that content or information and grant us that Licence. The Licence ends when we delete the content or information you have provided unless it has been received by any third party.

General.

If any provision of these Terms is or becomes wholly or partly illegal, invalid or unenforceable then that provision is severed from these Terms to the extent of the illegality, invalidity or unenforceability and the remaining provisions shall remain in full force and effect and not be affected and operate as if the severed provision had not been included. We may, but you must not, assign or transfer all or any part of any rights or obligations under this Agreement without our prior consent. A right created by this Agreement cannot be waived except in writing signed by the Party entitled to that right. Delay by a Party in exercising a right does not constitute a waiver of that right, nor will a waiver (either wholly or in part) by a Party of a right operate as a subsequent waiver of the same right or of any other right of that Party. Each Party must promptly execute all documents and do all things necessary or desirable to give full effect to the arrangements contained in this Agreement. The laws applicable in New South Wales govern this Agreement and the Parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, the Federal Court of Australia and any courts competent to hear appeals from those courts. This Agreement shall be binding upon the Parties and their respective successors and assigns.

Dictionary.

In these Terms: Account means an account created by us on our Website through which the features and functionality of our Website may be accessed from time to time in accordance with these Terms; Employer means a person who has registered as an employer with us and we have provided with an Account; Employer Account means an Account provided by us that enables the Account holder to communicate with Mentors, Mentees and other persons, to establish links to certain Mentors, to promote the Account holder’s business in accordance with these Terms and to advertise job vacancies in accordance with these Terms; Intellectual Property means all forms of intellectual property throughout the world, whether or not it is registered or registrable, including copyright, patent, design, trade mark and confidential information including know- how and trade secrets; Licence has the meaning given to that expression above; Our Group means us, our employees, our directors, our agents, our contractors and our officers; Mentee means a person who has registered as a mentee with us and we have provided with an Account; Mentor means a person who has registered as a mentor with us and we have provided with an Account; Mentor Account means an Account provided by us that enables the Account holder to communicate with Mentors, Mentees, Employers and other persons, to be contacted by and communicate with persons wishing to receive information about the Mentor’s experience and to establish an Employer Account in accordance with and subject to these Terms; Participant means a person who is a Mentor or an Employer or both from time to time or at any time; Party means a party to this Agreement; Personal Information has the meaning given to that expression in the Privacy Act 1988 (Cth); Premium Services has the meaning given to that expression above; Price means the amounts so described, or listed, in the Shopping Cart or on our Website for the corresponding Premium Services and includes the aggregate of those amounts; Privacy Policy means the policy so named on our Website; Shopping Cart means the features or functionality of our Website that enable you to select goods or services that you wish to purchase and to proceed to purchase those goods or services from us; Terms of Access and Use mean the terms and conditions on which you may access and use our Website that we publish or cause to be published on our Website from time to time; and Website means any website operated by us or on our behalf.

Interpretation.

In these Terms: words importing the singular include the plural and vice versa; a word derived from a defined word has a corresponding meaning; underlined words are headings that are inserted for convenience only and must not be used when interpreting this Agreement; including and includes are not words of limitation; a reference to a person includes a natural person, corporation, statutory corporation, partnership, the Crown and any other organisation or legal entity and a reference to a thing includes each part of that thing.

© 2014. All rights reserved. Version 1.0

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