MentorMe’s Terms and Conditions of Use

Last updated: [17/05/2020]

These terms of use (together with any documents referred to in them) tell you the terms on which you may make use of our website www.mentorme.art (the Site), whether as a guest or a registered user, and the connection service that we provide through it. Please read these terms of use carefully before you start to make any use of MentorMe, as they will apply to your use of it (although please note that they will not apply to any third-party services you request through MentorMe). We recommend that you print a copy of these terms of use or save them to your computer or device for future reference.

By using MentorMe, you confirm that you have read and accepted these terms of use and that you agree to comply with and be bound by them. If you do not agree to them, you must not use MentorMe. 

Please note that these terms of use do not apply to any mentoring or other services that you request from Service Providers (as defined below).

Other applicable terms

These terms of use refer to our GDPR Policy, which sets out the terms on which we process any personal data we collect from you or that you provide to us, as well as information about the cookies and/or other similar technologies (for example, analytics) we use. By using MentorMe, you consent to such processing and you warrant that all data provided by you is accurate. Information about us and how to contact us:

MentorMe is a technology platform, accessed through the Site, that connects users such as you (Users) with third party providers of mentoring services and certain other services as listed on the Site (Service Providers). It enables you to engage a Service Provider in your chosen area of expertise for the provision of those services (Services).

MentorMe is operated and owned by MentorMe. If you wish to contact us in writing, have a complaint or are required to give us notice in writing, you can send this to us by email at [email protected] If we have to contact you or give you notice in writing, we will do so by email to any email address you provide to us.

Disclaimer

Please note that we simply provide the platform that connects Users with Service Providers and allows them to be introduced. We do not, ourselves, provide any mentoring services or other services of the type listed on the Site as being provided by Service Providers and any contract for the provision of those services is between you and the relevant Service Provider (and not us). It is up to the relevant Service Provider to perform any services you request through MentorMe and you agree to comply with any terms of service that apply between you and the relevant Service Provider.

We do not employ Service Providers and, unless otherwise specified in these terms of use, we are not responsible for, and make no representations, warranties or guarantees as to, the behaviour, acts or omissions of any Service Providers you engage through MentorMe or the quality of the services they provide.

If you have a complaint in relation to the services provided by a Service Provider, that complaint must be taken up with the Service Provider directly. If you are unable to resolve a dispute with a Service Provider or you cannot come to an agreement with a Service Provider, please contact us and we will use our reasonable endeavours to try to resolve the dispute.

We do take reasonable measures to ensure the suitability and quality of the Service Providers. However, you acknowledge that, in carrying out any checks, we may be reliant on information supplied by third parties and we cannot guarantee that such information is accurate. We also cannot guarantee that any particular Service Provider is suitable for your purposes and you use Service Providers at your own risk, although we may remove a Service Provider from MentorMe on the basis of any feedback you or other users provide in relation to that Service Provider if we deem it appropriate, but are under no obligation to do so.

Changes to these terms of use and updates to the Site

We reserve the right to modify these terms at any time. If we make changes to these terms, we will post the revised terms on the Site and update the “last updated” date of these terms. We will also provide you with written notice of the modification at least thirty (30) days before the date they become effective. By accessing or using MentorMe after the effective date of the changes, you agree to be legally bound by the amended terms (or, as applicable, other documents referred to in them). If you do not wish to continue using MentorMe under the new version of the terms of use, you may terminate your agreement with us without penalty by contacting us in writing.

We may (but are under no obligation to) update the Site from time to time, and may change the content on it he at any time.

Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on MentorMe.

Accessing MentorMe

The Site is made available free of charge and you may be used on any number of Mobile Devices.

We make no representations, warranties or guarantees, whether express or implied, that MentorMe or any content on it: (i) will always be available or be uninterrupted; (ii) will be error-free, accurate, complete or up-to-date; or (iii) will be secure or free from bugs or viruses.

Access to MentorMe is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of it without notice. We will not be liable to you if, for any reason, MentorMe is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to access MentorMe (including configuring your information technology) and you should use your own virus protection software. If you control, but do not own, the device from which you are accessing the website, you will be assumed to have obtained permission from the owner of the device to do so. You or the owner of your Device may be charged by your or their mobile or internet service provider for data access on your Device. You accept responsibility in accordance with these terms of use for your use of MentorMe on any Mobile Device, whether or not it is owned by you.

Registration and security

Use of, and access to, certain parts of MentorMe may require you to register with us. If you wish to register, you must complete all of the fields on the registration page.

You must not create your own MentorMe account using an email address other than your own or one that you are permitted to use and, if you know or suspect that someone other than you has successfully registered to use MentorMe using your email address, you must notify us immediately at [email protected]

If you choose, or you are provided with, a username, a password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party or allow any third party to use or access your account. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these terms of use.

You may not authorise others to access MentorMe using your username and password and you may not assign or otherwise transfer your account to any other person or entity. If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at [email protected] and change your password.

You are responsible for all acts and omissions of any third parties who use your username or password to access MentorMe, whether fraudulently or not, and you agree to reimburse us on demand for any loss we suffer as a result of such use.

Pricing and payment

When you first request the services of a Service Provider, you will be asked to provide us with valid credit or debit card payment details to pay for the services you request through MentorMe. 

All payments arising from and in connection with the agreements brokered via MentorMe shall be made via a licensed payment service provider ("Payment Service Provider") on the basis of a separate payment service contract. MentorMe merely brokers this payment service contract, but is not itself involved in the payment processing and is not itself a party to the payment service contract. The User agrees that the data for payment processing are forwarded to the payment service provider.

The User shall pay the total price shown in the booking and accordingly enable the collection by the payment service provider. The payment service provider shall hold in trust the amount paid by the User or the amount collected from the User for the Service provider.

The prices listed on MentorMe at the time you make your booking apply to your booking. In addition to the amount charged by the Service Provider for their services, MentorMe charges Users a service fee for use of the platform and related services. These related services include, but are not limited to, customer support, payment processing, booking administration and other costs incurred for the operation of the platform.

Unless otherwise stated, all charges are quoted in Euros. You are responsible for paying in a timely manner all charges and applicable taxes and other fees associated with receiving the services from a Service Provider and all of MentorMe’s service fees.

Service Providers are free to set the amount they charge for the services they provide to Users. This will be notified to you each time you request the services of a Service Provider. If a Service Provider notifies you of a change to the amount they charge for the services and such change affects a recurring booking that you have already made, you will be given the option to refuse such changes and cancel the recurring booking without incurring any cancellation fee.

Booking process and cancellation

The User purchases a Session Pack from a Service Provider. The Session Pack is valid for a predetermined number of sessions, which will be outlined prior to booking. There is no further commitment for any User beyond their initial booking.

If you request the services of a Service Provider, we will notify you email when a Service Provider has accepted your request and confirmed the booking.

If you decide to cancel a booking (whether for a one-off session or on a recurring basis), you may do so via the Site , subject in each case to the following conditions: (i) if a Service Provider has not yet confirmed the booking, you may cancel it without charge; (ii) if a Service Provider has confirmed the booking but has not yet carried out the services requested, you may cancel it without charge up to 48 hours before the scheduled start time of the service (and, if we have already taken payment of a deposit for such session, we will offer you a full refund in respect of the relevant amount if you do not wish to rearrange the session); and (iii) if you cancel less than 48 hours before the scheduled start time of the visit, we reserve the right to charge a cancellation fee as follows (which will be charged to your registered credit or debit card:

  • if cancellation takes place between 24 and 48 hours before the scheduled start time of the Service Provider’s session with you, the cancellation fee will be 30% of the total amount you would have paid for the visit had it gone ahead (including the Service Provider charges and MentorMe’s service fees);

  • if cancellation takes place between 12 and 24 hours before the scheduled start time of the Service Provider’s session with you, the cancellation fee will be 50% of the total amount you would have paid for the visit had it gone ahead (including the Service Provider charges and MentorMe’s service fees); and

  • if cancellation takes place less than 12 hours before the scheduled start time of the Service Provider’s session with you, the cancellation fee will be 100% of the total amount you would have paid for the visit had it gone ahead (including the Service Provider charges and MentorMe’s service fees).

Cancellations you make or attempt to make directly with the relevant Service Provider are not permitted and will not be accepted or valid.

If a booking is cancelled by the Service Provider or if the Service Provider fails to attend the session to provide the services requested, you must notify us within 72 hours following the scheduled start time of the visit and, if still required, make another request for the relevant services to be provided by the Service Provider (or another Service Provider) at another mutually agreeable time. If we have already taken payment of a deposit for such visit and within 72 hours following the scheduled start time of the original visit, we will offer you a full refund in respect of the relevant amount if you do not wish to rearrange the visit.

Service Providers

You agree to treat Service Providers courteously and lawfully in compliance with all applicable laws and regulations. You also agree to provide them with all reasonable information and co-operation required to enable them to provide the services you have requested.

You acknowledge that your preferred Service Provider, if you have one, may be unavailable from time to time, whether due to time constraints, illness or vacation or through ceasing to use MentorMe.

By registering to use MentorMe, you agree that all bookings between you and Service Providers will be made through MentorMe and that you will not engage or employ any Service Provider you have previously booked through MentorMe, or whose contact details you have received from us, to provide any services other than through MentorMe. If a Service Provider offers to provide services to you other than through MentorMe, you must refuse such offer and notify us immediately by email at [email protected] If you accept any such offer or if you make a similar offer to a Service Provider, we will immediately withdraw your right to use MentorMe (without any obligation to refund any fees already paid by you) and you will be required to compensate us in respect of any losses we suffer as a result up to a maximum of € 500.

You agree, for as long as the agreement between you and us is in force and for a period of six months thereafter, not to book the services of, or engage, any Service Provider you have used, or whose contact details you have received from us, other than via MentorMe.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in MentorMe and in the material published on it. This does not include art work uploaded to the site by Service Providers or Users. You acknowledge that you have no rights in or to MentorMe or the technology used or supported by it other than the right to use it in accordance with these terms of use. If you use any part of MentorMe in breach of these terms of use, your right to use MentorMe will cease immediately. You must not use any part of the content on MentorMe for commercial purposes without obtaining a licence or other written consent to do so from us or our licensors.


All rights in the MentorMe domain name and all related domains and sub-domains and any logos, service marks, brand names, trading names and/or trademarks appearing anywhere on MentorMe are reserved to their respective owners or licensors and nothing in these terms of use should be construed as granting any licence or right to use any of the foregoing.

Our creations are protected by copyright and trade secret laws. Some examples of our creations are the text on the site, our logo, and our codebase. We grant you a license to use our logo and other copyrights or trademarks to promote your profile on your Patreon page or Social Media Accounts.

Copyright & Trademark

MentorMe loves artists and has great admiration and appreciation for their creative contributions to the world. We respect the intellectual property rights granted to creative works and seek to promote such respect by others, especially our community.

MentorMe’s policy is to terminate, in appropriate circumstances, account holders who are repeat infringers. We rely on creators to post or link only to their own original creations on our platform and to notify us when creations are being misused, stolen or otherwise abused.

Intellectual property is a complex and nuanced area of law and there are legal risks involved both in sending notifications and counter-notifications. If you are not already familiar with intellectual property law, we recommend consulting with an attorney for specific advice before bringing any notifications or counter-notifications on MentorMe.

Your liability to us

You will be liable to us and will indemnify us for any breach by you of these terms of use or of any contract between you and any third party (including any terms of service that apply between you and any Service Providers you engage through MentorMe). If you are a consumer, this means that you will be responsible for any loss or damage we (or any of our affiliates, personnel or associated third parties) suffer as a result of such breach, including any claims or legal proceedings brought against us by any other person as a result of such breach.

Limitation of our liability

You acknowledge that MentorMe has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of MentorMe meet your requirements. Unless otherwise specified in these terms of use, we will only be liable to you for any loss or damage (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising under, or in connection with, your use of, or inability to use, MentorMe if such loss or damage is a foreseeable result of our breach of these terms of use or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach of these terms of use or our negligence or if it was reasonably contemplated by you and us at the time of the agreement between us coming into effect as a possible result of such breach or negligence.

If you are a business or an individual using MentorMe in a business capacity, please note that:

  • our maximum aggregate liability under, or in connection with, these terms of use (including your use of MentorMe) whether in contract, tort (including negligence) breach of statutory duty or otherwise, shall in all circumstances be limited to the service fee paid by you to us during the 12 month period immediately prior to the liability arising;

  • we will not be liable for: (i) loss of profits, sales, business or revenue; (ii) business interruption; (iii) loss of anticipated savings or interest; (iv) loss of business opportunity; (v) loss of or damage to data; (vi) loss of or damage to reputation or goodwill; or (vii) any indirect, special or consequential damages, loss, costs, claims or expenses of any kind; and

  • to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to MentorMe or any content on it, whether express or implied. If you are a consumer, you may only use MentorMe for domestic and private use. You agree not to use MentorMe for any commercial, business or resale purposes and, if you do, we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

We will not under any circumstances be liable for:

  • the behaviour, acts or omissions of any Service Providers you engage through MentorMe or the quality of the services they provide; or

  • any loss or damage caused by any bug, virus, distributed denial-of-service attack or other technologically harmful material that may infect your information technology (including your Mobile Device), data or other proprietary material due to your use of MentorMe or your downloading of any content on it or on any website linked to it.

Nothing in these terms of use:

  • excludes or limits our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by English law; or

  • is intended to affect your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

Restrictions on use of MentorMe

You may only use MentorMe for lawful purposes. You may not use it:

  • in any way that breaches any applicable local, national or international laws or regulations;

  • in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;

  • to send, knowingly receive, upload or download, use or re-use any material which does not comply with our content standards as set out below;

  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

  • knowingly to transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed adversely to affect the operation of any computer software or hardware;

  • in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users of MentorMe; or

  • to collect or harvest any information or data from MentorMe or our systems or attempt to decipher any transmissions to or from the servers running MentorMe.

You also agree:

  • not to permit MentorMe or any part of it to be combined with, or become incorporated in, any other programs;

  • not to reproduce, duplicate, copy or re-sell any part of MentorMe in contravention of these terms of use;

  • not to access without authority, penetrate, interfere with, damage or disrupt (or attempt to do any of the same): (i) the accounts of other users of MentorMe; (ii) any part of MentorMe or its security measures; (iii) any equipment or network on which MentorMe is stored; (iv) any software used in the provision of MentorMe; or (v) any equipment or network or software owned or used by any third party;

  • not to copy the Site except where such copying is incidental to normal use of the Site or where it is necessary for the purpose of back-up or operational security;

  • not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Site or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving interoperability of the Site with another software program, and provided that the information obtained by you during such activities: (i) is used only for the purpose of achieving interoperability of the Site with another software program; (ii) is not unnecessarily disclosed or  communicated without our prior written consent to any third party; and (iii) is not used to create any software that is substantially similar to the Site;

  • not to provide or otherwise make available the Site in whole or in part (including object and source code) in any form to any person without prior written consent from us; and

  • not to use the Site or contacts made through MentorMe to request, make or accept a booking independent of MentorMe, to circumvent any fees or for any other reason that contravenes the spirit of these terms of use. If you do so, you acknowledge and agree that you: (i) will be in material breach of these terms of use; (ii) accept all risks and responsibility arising under or as a consequences of such action; and (iii) hold MentorMe harmless from any liability or loss in respect of the services and/or these terms.

Content standards

These content standards apply to any and all content that you post or upload to MentorMe and/or to any interactive services associated with it (including, without limitation, any messaging service that allows you to contact Service Providers). You must comply with the spirit and the letter of the following standards. The standards apply to each part of any post or upload, as well as to its whole.

If you make use of any feature that allows you to post or upload any content to MentorMe (for example, by providing a review, feedback and/or comments in relation to a Service Provider or when making contact with

MentorMe or other users of MentorMe) or to send messages to Service Providers, any such content and messages (as the case may be) must be accurate and genuine and must not:

  • be defamatory of any person;

  • be obscene, offensive, hateful, inflammatory or otherwise objectionable;

  • promote violence or indecent or sexually explicit material;

  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

  • infringe or violate any copyright, database right, trademark or any other intellectual property right of any other person;

  • be likely to deceive any person;

  • be made in breach of any laws or any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

  • advocate, promote, assist or enable any illegal or unlawful activities (including, without limitation, copyright infringement or computer misuse) or intend to defraud, swindle or deceive other users of MentorMe;

  • be threatening, abuse or invade another’s privacy or cause annoyance, inconvenience or needless anxiety;

  • be likely to harass, upset, embarrass, alarm or annoy another person;

  • be used to impersonate any person or to misrepresent your identity or affiliation with any person;

  • give the impression that they emanate from us, if that is not the case;

  • relate to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium rate telephone numbers); or

  • disseminate or otherwise disclose another person’s personal information without his or her prior permission or collect or solicit another person’s personal information for commercial or unlawful purposes.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted or uploaded to MentorMe by you or any other user of MentorMe and we do not recommend or endorse any such content or accept any responsibility for its accuracy. Any such content will be considered non-confidential and non-proprietary and we have the right to use, store, copy, distribute and disclose the same to third parties (including the relevant authorities) for any purpose whatsoever without any liability or payment to, or recognition of, you of any kind. We also have the right to disclose your identity to any third party in respect of whom you provide a review, feedback and/or comments or who is claiming that any content posted or uploaded by you to MentorMe constitutes a violation of their intellectual property rights or of their right to privacy.

We have the right to remove or delete any content you post or upload to MentorMe or to disclose it to the relevant authorities if, in our opinion, such content does not comply with our content standards as set out above. If so, you must not attempt to re-post or re-upload the relevant content.

Suspension and termination

You may terminate the legal agreement between us and, if you are a registered user, request the closure of your account at any time by emailing us [email protected]

We will determine, at our discretion, whether there has been a breach of these terms of use through your use of MentorMe and, if such a breach has occurred, we may take such action as we deem appropriate, including all or any of the following actions

  • immediate, temporary or permanent withdrawal of your right to use MentorMe (including termination of the legal agreement between us and closure of your account);

  • immediate, temporary or permanent removal of any content posted or uploaded by you to MentorMe;

  • issue of a warning to you;

  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

  • further legal action against you; and

  • disclosure of such information to law enforcement authorities as we feel is reasonably necessary.

We exclude liability for actions taken in response to breaches of these terms of use. The responses described in these terms of use are not limited and we may take any other action we deem reasonably appropriate. If we withdraw your right to use MentorMe:

  • all rights granted to you under these terms of use shall cease;

  • you must immediately cease all activities authorised by these terms of use, including your use of MentorMe;

  • you must, if applicable, immediately delete the App from all Mobile Devices; and

  • you must not attempt to re-register to use MentorMe.

Linking to the Site

You may link to the Site’s homepage , provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link to the homepage in any website that is not owned by you or in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the homepage.

We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with our content standards as set out above. If you wish to make any use of any content on the Site other than that set out above, please contact us at [email protected]

Links to third party websites and resources

The Site may contain links to other websites and resources provided by third parties, including, without limitation, advertisers. We have no control over those websites or resources or their availability and any links to them are provided for your information only. You will need to make your own independent judgement regarding your interaction with any such websites or resources, including the purchase and use of any products or services accessible through them. We are not responsible for, and do not endorse, their content or their privacy policies (if any) and we will not be liable for any loss or damage that may arise from your use of them.

Events outside our control

We will not be liable or responsible for any failure to perform, or any delay in the performance of, any of our obligations under these terms of use that is caused by any event or circumstance beyond our reasonable control, including any failure of public or private telecommunications networks or any delays or latency due to your physical location or your wireless data service provider’s network.

Other important terms

We may transfer our rights and obligations under these terms of use to another organisation, but this will not affect your rights or our obligations under these terms of use. You may only transfer your rights or obligations under these terms of use to another person if we agree in writing. If we fail to insist that you perform any of your obligations under these terms of use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Each of the conditions of these terms of use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. These terms of use are not intended to confer rights on anyone other than you and us.

Applicable law

These terms of use, their subject matter and formation are governed by Irish law. If you are a consumer, the courts of Ireland will, subject to the paragraph below, have non-exclusive jurisdiction over any claim arising from, or related to, these terms of use. If you are a business, you and we each agree that the courts of Ireland will have exclusive jurisdiction over any claim arising from, or related to, these terms of use.

Nothing in the foregoing paragraph will limit our right to take proceedings against you in any other court of competent jurisdiction, nor will the taking of proceedings in any one or more jurisdictions preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.