Mentors Insync Pty Limited ACN 602 320 016 ("we", "our" or "us") provides a service to our members ("Mentors Insync Services" or "Services"). By using our Services, including the services available via the website at www.mentorsinsync.com ("Mentors Insync Site" or "Site"), and/or creating an Account as defined in clause 3.2 below, you acknowledge that you understand and accept these Terms and Conditions. These Terms and Conditions constitute a legal and binding agreement and therefore you should read through them carefully. If you do not agree to these Terms and Conditions, then you should not use the Mentors Insync Services or create an Account.
These Terms and Conditions set out the terms which apply for access and use of the Mentors Insync Services, including but not limited to the Mentors Insync Site, apps, developer platforms and other products and services accessible both with and without an Account.
We may post updated Terms and Conditions on the Mentors Insync Site from time to time. Your continued use of Mentors Insync Services after any changes have been posted constitutes your agreement to the updated Terms and Conditions.
The Mentors Insync Services include an educational, mentoring, social network site designed to connect “Mentors” and “Mentees” together.
2. Intellectual Property Ownership
2.1 Our Content
All content available on the Mentors Insync Site, including but not limited to its "look and feel", text, graphics and logos, as well as photographs, notices and other material ("Our Content") is and shall remain our property or the property of our content suppliers and is protected under applicable copyright, patent, trademark and other property rights laws and treaties.
We grant you a revocable, non-transferrable and non-exclusive license to use Our Content in accordance with these Terms and Conditions.
Any copying, redistribution, use or publication, sublicensing or otherwise transferring by you of all or any part of Our Content, is prohibited without our express permission.
Under no circumstances will you acquire ownership rights or other interests in any content by or through your use of Mentors Insync Services.
Any rights not expressly granted in these Terms and Conditions are reserved by us and our licensors.
We do not warrant the authenticity or accuracy of Our Content.
2.2 Users Content
By using and accessing the Mentors Insync Services, you may choose to provide or submit content and materials to us including any information, data, usernames and other log-in information ("Users Content").
By accessing Mentors Insync Services and any user interactive area of the Mentors Insync Site, and by placing any Users Content in those areas, you hereby grant us a worldwide, irrevocable, non-exclusive, perpetual, royalty free license in and to Users Content, including but not limited to the rights to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such Users Content in any form of media, whether now known or later discovered subject to any express restrictions set out in these Terms and Conditions ("Permitted Use "). You consent to such Permitted Use for those purposes that, in the absence of this clause, might or would breach any moral rights you may have in such Users Content.
You also grant others who access the Mentors Insync Services or any interactive area of Mentors Insync Site a perpetual non-revocable, royalty free license to view, download, store and reproduce your Users Content, but such right is limited to the personal use and enjoyment of such other party. Permitted Use you grant is revoked when you delete specific content from our Services or close your Account. For clarity, Permitted Use is not revoked where others may have copied or stored the Users Content you shared prior to closing your Account, or during the time between the closure of your Account and the time taken to remove Users Content from the backup or other systems. In addition, we retain the right to use or disclose any feedback provided by you prior to termination of your account.
You warrant that you are the owner or authorized licensee of any Users Content you submit or provide to us, and that the provision of Users Content to us, and our use of the Users Content in accordance with these Terms and Conditions, does and will not cause you or us to violate or breach any intellectual property rights or other rights.
You also warrant that the Users Content provided by you is truthful, complete and accurate to the best of your knowledge and is not misleading or deceptive, or capable of misleading or deceiving.
You acknowledge and agree that we:
a) will not independently investigate or verify Users Content;
b) are entitled to rely upon the accuracy and completeness of any Users Content;
c) will not be liable to you or any third party for any loss or damage suffered or incurred by you or any third party as a result of our reliance on any Users Content or any third party intellectual property infringements;
d) reserve the right to publish only that information that is deemed suitable, and have the right to remove any information or Users Content, at our sole discretion, with or without prior notice; and
e) do not warrant the authenticity or accuracy of any Users Content or endorse any Users Content.
3.1 Your responsibilities
- You agree to use the Mentors Insync Services for lawful purposes only, and in a manner that does not infringe on the rights of or restrict or inhibit the use by any third party. This includes conduct which is unlawful or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive content or language, or disruption to Mentors Insync Services.
- You must not post or transmit any unlawful, defamatory, obscene, offensive or scandalous material, or post or transmit any material, or use Mentors Insync Services, in a way that constitutes or encourages conduct that would contravene any law.
- You must immediately notify us, any relevant third party and any relevant authorities if you become aware of any use of Mentors Insync Services that is, or is likely to be, illegal or threatening to the health or safety of any person;
- You must prevent the unauthorized access or use of Mentors Insync Services and notify us immediately of any unauthorized use of your Account, or any other breach of security.
- You acknowledge that we do not provide any financial services, or business or investment advice and Our Content or any Users Content made available on Mentors Insync Services is not a substitute for independent professional advice and you should obtain any appropriate advice relevant to your particular circumstances. You must exercise your own judgement and carefully evaluate the material on the Mentors Insync Services.
3.2 Your Account
To use some of the Mentors Insync Services, you must create an account with us, including a username and password ("Account").
By creating an Account, you agree to the following:
- You are over the age of 16 years or of minimum legal age, as required by a court of law, to be able to enter into an Agreement with us; whereby we are able to collect, use and store your information.
- You will ensure that you only have one Account with us, which will be in your real name.
- You will keep your password secure and not share your Account with anyone else.
- You agree to comply with all applicable laws regarding your use of Mentors Insync Services, including and without limitation – privacy, intellectual property, anti-spam, export control and tax laws as well as all regulatory requirements.
- You have no prior restrictions from using Mentors Insync Services.
- You will provide us with accurate and up to date information.
- You will use the Services in a professional and responsible manner.
- You will choose a strong password and ensure that it is secure and confidential.
- You will maintain the confidentiality of your connections and groups on Mentors Insync Services and not copy or transfer any part of your Account.
- You are solely responsible for your Account, unless you have made a report of misuse or have closed your Account.
3.3 Notices and Messages
You agree to keep your contact information up to date in order that we may relay notifications and messages to you in any of the following ways as reasonably nominated by us from time to time:
- An email sent to the address you provided, or
- Other means such as in-mail via Mentors Insync Services, or by telephone.
3.4 Messaging and Information Sharing
Mentors Insync Services allows for messaging and information sharing in various ways such as notification through in-mail, blogging, live chats, links to articles and videos.
You agree that:
- The information you share may be seen by others.
- Certain information or visibility will remain limited, unless you authorise or give your permission for such information to be released. This applies to such situations as where consent is required to accept someone as a “Mentor” or as a “Mentee”, or where referrals are concerned etc.
- There may be some restrictions where groups are concerned; whereby all parties who wish to be part of a group need to accept an invite to be part of such group.
- Messaging by default remains private and is only visible to the addressee(s).
- Mentors Insync has the right to terminate these Terms and Conditions and/or your Account at any time, without prior notice, if we believe that you are misusing the Mentors Insync Services, or if you act illegally, or you are in breach of the Terms and Conditions.
3.5 Advertising rights
- You acknowledge that we have the right to advertise or include other sponsored content that we believe is of value to our users and advertisers on the website.
- You agree to permit a business or other entity to display their advertising content on Mentors Insync Services alongside your name or profile without any compensation to you.
- We will endeavour to provide relevant and specific advertising content that relates to a specific industry; however you acknowledge that we cannot guarantee the relevancy of the content or information.
- We will not provide or share your personal information with advertisers without your consent.
3.6 Service Availability
- We have the right to suspend or end any Service, as well as make changes to Services or prices at our sole discretion. Where possible, you will be notified of these changes.
- We have no obligation to store, maintain or provide you with copies of Users Content or information, except where it is required by law.
3.7 Other Content Sites and Apps
- We do not review or monitor the actions or Users Content uploaded by other Account holders or third party content or information and therefore; we do not take responsibility for the information or content being inaccurate, misleading, illegal, offensive, harmful, damaging or unhelpful. It is your responsibility when deciding to use or access third party sites or Apps that are linked to our Services.
- Third party sites and Apps have their own privacy policies and terms, and therefore you should consider these prior to linking with them as you may be giving others access or permission to use your information that we would not ordinarily allow.
- We will strive to protect the information you provide to the Mentors Insync Services. We will use all reasonable endeavours to ensure that the Mentors Insync Site and your information are not compromised.
- We cannot guarantee that no harmful code will occur on the Site, and therefore you need to be aware of the risks associated with using our Site.
3.9 Your limitations
- We have the right to limit your use of the Mentors Insync Services, including the ability to connect with others.
- We have the right to suspend, terminate or restrict your use of the Mentor Insync Services without prior notice, if we believe that you are misusing the Services, or if you act illegally or you are in breach of these Terms and Conditions.
4. Paid Services
From time to time we may offer enhanced paid memberships or other paid services ("Paid Services").
If you purchase any Paid Service, you agree to pay us the applicable fees and taxes when they are due. If you fail to pay any fees when they are due your account may be terminated and will not be reinstated until all outstanding amounts are paid in full.
Paid Services may be subject to additional terms and conditions which will be available on the Mentors Insync Site or otherwise provided for review and acceptance prior to activating a Paid Service.
Fees for paid services may be subject to foreign exchange rates and fees. Exchange rates and taxes will be calculated at the time of purchase.
5. Disclaimer and Limit of Liability
Mentors Insync Services (including Our Content and any Users Content available on Mentors Insync Site) is provided on an "as is, as available" basis. To the maximum extent permitted by law, we (and our employees, agents and any sub-contractors) disclaim all warranties, representations, including as to accuracy of data, conditions and non-infringements with respect to Our Content and any Users Content available on Mentors Insync Services, whether express, implied, written, oral, contractual or statutory, including but not limited to, any warranties, duties or conditions of or related to merchantability, fitness for a particular purpose, title, or arising from a course of dealing or usage of trade.
We and our employees, agents and any sub-contractors disclaim all responsibility for any loss, injury, claim, liability or damage of any kind resulting from, arising out of or any way related to:
(a) Any errors in, or omissions from, Our Content or any Users Content available on Mentors Insync Services, including, but not limited to technical inaccuracies, typographical errors and information provided by other Account holders – in all cases, appropriate professional advice should be obtained in evaluating the accuracy, currency, completeness and relevance of Our Content or Users Content;
(b) Any third party contents therein directly or indirectly accessed through links available on Mentors Insync Site, including but not limited to any errors or omissions;
(c) The unavailability of all or part of Mentors Insync Services, including but not limited to Our Content and Users Content; or
(d) Computer viruses, system failure or malfunction which may occur in connection with your use of Mentors Insync Services, including during hyperlink to or from third party content.
Important: Nothing in these Terms and Conditions is intended to limit, exclude or modify or purport to limit, exclude or modify the statutory implied guarantees/warranties that cannot be lawfully limited, excluded or modified as provided under the Competition and Consumer Act 2010 (Cth), including the statutory consumer guarantees under the Australian Consumer Law or similar laws in the States and Territories of Australia.
To the maximum extent permitted by law, we and our employees, agents and any sub-contractors shall not be liable to you or others for any loss, injury, claim, liability or damage of any kind resulting from your use of Mentors Insync Services, including but not limited to any facts or opinions appearing on or through Mentors Insync Services. To the maximum extent permitted by law we and our employees, agents and any sub-contractors shall not be liable to you or others for any special, direct, indirect, incidental or other consequential or punitive damages of any kind whatsoever (including, without limitation, loss of opportunity) that may occur, due to any situation resulting from, or arising in connection with the use of or inability to use Mentors Insync Services (including Our Content or any Users Content).
To the extent the foregoing limitation of liability is prohibited or despite the limitation above, our liability (and that of our employees, agents and any sub-contractors) for any loss or damage which arises out of or in any way is connected with any of the occurrences described above, to the maximum extent permitted by law, we and our officers, employees, agents, licensors and suppliers, shall in no event exceed in aggregate a total amount of AU$1000. This limitation of liability applies to all claims of liability including warranty, negligence, contract law or the possibilities of damage in any other way or form.
If any guarantees or warranties imposed by statute or implied by law cannot be excluded, then to the maximum extent permitted by law, our liability for breach of such guarantees or warranties is limited to, at our option:
(a) In the case of products:
(i) The replacement of products or the supply of equivalent products; or
(ii) The payment of the cost of replacing the products or acquiring equivalent products;
(b) In the case of services:
(i) The supply of the services again; or
(ii) The payment of the cost of having the services supplied again.
You agree to indemnify, defend and hold harmless us, our officers, directors, employees, suppliers, subcontractors and agents from any loss and liability and against any and all losses, expenses, costs and claims for damages from third parties including reasonable lawyer fees, arising from your participation, use or conduct in relation to any of Mentors Insync Services, our products, applications, or any other interactive areas of the Mentors Insync Site.
6. Termination or suspension
You may terminate these Terms and Conditions, your use of the Mentors Insync Services or your Account any time. We may terminate these Terms and Conditions, your use of the Mentors Insync Services or your Account any time by providing notice or if otherwise permitted under these Terms and Conditions.
(a) We may terminate these Terms and Conditions or suspend your Account with no prior notice if:
(b) you are misusing Mentors Insync Services;
(c) you act illegally;
(d) you are in breach of the Terms and Conditions; or
(e) you fail to pay any applicable fees owed to us.
You will lose the right to access or use Mentors Insync Services on termination.
After termination, we retain the right to use or disclose any feedback provided by you or any data collected prior to termination.
You are still liable to pay any amounts owed to us after termination.
To the extent permitted by law, we are not liable for any damage, liabilities, losses (including without limitation any loss of profits, revenue, business or loss of opportunity) or any other consequence that you may suffer or incur as a result of any suspension or termination of your Account or access to Mentors Insync Services.
7. Breach of Terms
We may monitor your use of Mentors Insync Services including without limit by accessing information such as Account e-mail address/es, usage history, posted materials, IP addresses and traffic information to investigate your compliance with our Terms and Conditions. If, as a result of the investigation, we form a reasonable opinion that you have:
(a) breached these Terms and Conditions or you assist another person to breach these Terms and Conditions; or
(b) provided any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete,
we, in our sole discretion, reserve the right to:
(a) terminate or suspend the display of Mentors Insync Site or your use of your Account immediately and/or refuse any and all current or future access to and use of Mentors Insync Services and/or your Account without notice;
(b) seek all remedies available at law and in equity for violations of the Terms and Conditions; and/or
(c) take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities including information relating to Account holder profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
8. Dispute Resolution
This agreement will be governed by and construed according to the law and jurisdiction of the state of New South Wales, Australia.
Both parties agree that any litigation will take place in the federal or state courts of Sydney, New South Wales, Australia.
9. General Terms
If any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable, these Terms and Conditions will continue otherwise in full force and effect apart from such provision which will be taken to be deleted.
The English version of this Agreement is binding and any translation is solely for convenience.
These Terms and Conditions and any other terms related to additional features, supersedes all prior agreements.
We have the right to assign these Terms and Conditions to others without your consent; you do not have this right.
10. Restrictions on use
You agree that you will not do the following:
- Act dishonestly or unprofessionally.
- Post anything that is inappropriate, misleading, inaccurate or objectionable.
- Use any part of Mentors Insync Services or any interactive area of Mentors Insync Services for any illegal purpose/s.
- Use a photo of yourself that is not of true likeness. (i.e. – not of yourself)
- Create a false identity or have more than one profile.
- Create an account for someone else.
- Provide misleading information of any sort.
- Use or attempt to use another person’s account.
- Harass, abuse or harm another person.
- Send spam or other unwelcome communication to others.
- Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work).
- Share or disclose information that you do not have the right to disclose.
- Violate our and others intellectual property rights or others such rights as trademarks, copyright, trade secrets etc.
- Post any unsolicited or unauthorized advertising.
- Send messages to distribution lists, newsgroup aliases or group aliases.
- Post anything that contains software viruses, worms, or any other harmful code.
- Post or create any content that promotes prostitution or anything that is or may be foreseen as sexual in any way, shape or form.
- Post or create any content that promotes violence, illegal behaviour, is defamatory, or may be foreseen as soliciting, promoting or damaging; including anything that may be considered illegal in any way, shape or form.
- Create or operate a pyramid scheme or anything that is fraudulent or of similar practice.
- Copy or use content or information of others where it has not been expressly authorized.
- Copy or use Our Content, information or data in connection with a competitive service (as determined by us).
- Imply that you are affiliated with us without our express consent.
- Use any part or feature of the Mentors Insync Services for any gain whatsoever without our consent.
- Change, remove or obscure any advertisements, copyright, or trademark contained in or on Mentors Insync Services.
- Override any security or manipulate the features of Mentors Insync Services.
- Interfere, change or place unreasonable loads on Mentors Insync Services or attack the systems in any way.
11. Complaints Regarding Content
If you have any complaints regarding any content or the behaviour of any users on the Mentors Insync Services please contact us.
12. How to Contact Us