MENTOR TERMS OF SERVICE
Effective from February 1, 2023
If you are unsure as to the terms of this Agreement, please do not proceed further and contact us at [email protected]
PLEASE READ THE TERMS CONTAINED IN THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
INTRODUCTION TO MENTOR MATCH PRIVATE LIMITED.
Mentor Match is an education technology platform that helps middle school students, highs school students, and competitive exam aspirants (“Learners”) connect instantly with expert mentors and tutors (“Mentors”) through a one on one video call to solve doubts (“Session”) in a specific domain or subject. A written solution (“Solution”) for the doubts is shared with the Learners after the video call ends. Mentor Match bridges the gap by connecting learners with mentors and helps Learners complete chapter revisions, their syllabus, provides study tricks and tips, gives concept explanations, and conducts live classes (“Services”).
ELIGIBILITY & ACCESS RESTRICTIONS
To be eligible to use our Website, App or Platform you must meet the following criteria and represent and warrant that you: (a) are 18 years of age or older; (b) are not currently restricted from accessing our Website, App or Platform or not otherwise prohibited from having an account, (c) are not our competitor, or are not using our Website, App or Platform for reasons that are in competition with us; (d) will only maintain one Mentor Account (as defined below) at any given time; (e) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (f) will not violate any of our rights, including intellectual property rights such as patent, copyright, and trademark rights; and (g) agree to provide at your cost all equipment, browser software, and internet access necessary to use our Website, App or Platform.
Subject to your compliance with the terms of this Agreement, we grant you a limited, non-exclusive, revocable, non-transferable, non-licensable, non-sublicensable license to access and use our Website, App or Platform to: (a) download, install, and use our App for your use in accordance with this Agreement on any mobile device owned or otherwise controlled by you strictly in accordance with this Agreement, and (b) access, stream, download, and use on your mobile device our Website, App or Platform and content made available in or otherwise accessible through our Website, App or Platform, strictly in accordance with this Agreement.
You will not use, copy, adapt, modify, prepare derivative works based upon our Website, App or Platform, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our Website, App or Platform, except as expressly permitted in this Agreement. When using and accessing our Website, App or Platform, you need to make sure that your internet connection is adequate. You are solely responsible for your internet connection including and not limited to the applicable charges, rates, tariffs, and other fees that might apply.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR ACCESS OR USE OF OUR WEBSITE, APP OR PLATFORM. WE PROVIDE NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY. THERE IS NO WARRANTY WHICH WILL EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. ANY DAMAGE ALLEGED FOR A LOSS OR INJURY IS LIMITED TO THE FEE, IF ANY, PAID TO MENTOR MATCH PRIVATE LIMITED FOR THE ABILITY TO ACCESS OR USE OUR WEBSITE, APP OR PLATFORM.
OWNERSHIP AND USE OF THE WEBSITE AND APP
We have and will retain sole control over the operation, provision, maintenance, and management of the (a) Website, App or Platform; and (b) the Services. We will determine in good faith the selection, deployment, modification, support, maintenance, repair upgrades, updates, corrections, repairs and replacement of the Website, App or Platform and Services; provided, however, that we will not modify the Website, App or Platform or Services to remove any material features and will not modify any feature used by Mentors without Mentor’s prior written consent. We have the right to review and monitor the use of the Website, App and Services by you and to ensure compliance with the terms of this Agreement.
ACCESS AND SERVICE RESTRICTIONS
You agree that our Website, App or Platform including but not limited to the graphics, trademarks, and editorial content, contains proprietary content, information, and material, which are owned by Mentor Match and/or our licensors, including our customers, brands and agencies, and are protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for your permitted use of our Website, App or Platform or in any manner that is inconsistent with the terms contained in this Agreement. Mentor Match will use commercially reasonable efforts to provide access to the Platform or the Services in accordance with these Terms of Service.
You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our Website, App or Platform, in any manner, and you will not exploit our Website, App or Platform in any unauthorized way whatsoever, including but not limited to, using our Website, App or Platform to transmit any computer viruses, worms, Trojan horses or other malware, or by trespassing or burdening network capacity. You further agree not to use our Website, App or Platform in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using our Website, App or Platform.
RESERVATION OF RIGHTS
You acknowledge and agree that our Website, App, and Platform are provided for your use. Except to the extent necessary to access and use our Website, App or Platform, nothing in this Agreement grants any title or ownership interest in or to any copyrights, patents, trademarks, trade secrets or other proprietary rights in or relating to our Website, App or Platform, whether expressly, by implication, estoppel, or otherwise. Mentor Match and its licensors and service providers reserve and will retain their entire right, title, and interest in and to our Website, App, and Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
REGISTRATION, ACCOUNT CREATION, AND ACCESS RIGHTS
- Access: You can access and use our Website or Platform at https://mentormatch.com/ and our Apps at Google Play Store or Apple App Store to download the App.
- Registration: To use our Platform and Services (“Registration”) you are required to set up an account (“Mentor Account”). When you set up a Mentor Account, you are required to (a) enter your name, (b) enter your email address, (c) your phone number, and (d) set up a password (“Password”) (collectively, the “Account Information”).
- Verification: Upon the creation of your Mentor Account, MentorMatch shall further ask for other information such as your government identification number (for example your Aadhar card) and bank account and limited financial information (for example your KYC and PAN card details) (together “Verification Information”) solely for (a) verification, (b) the provision of our Services in accordance with this Agreement, and (c) to ensure that you receive any payments due to you under this Agreement. Your Verification Information will be stored in an encrypted form and in a secure manner consistent with good industry standards on our servers and shall be deleted within thirty (30) days of your Mentor Account being terminated, canceled or otherwise deleted.
- Acceptance: To be able to provide Sessions on our Website, App, and Platform, you will further be required to provide us with your LinkedIn profile, your availability to take Sessions, your level of education, names of colleges and universities attended, your educational qualification, your previous work Experience, the subjects and classes you wish to and have the competency to teach, your language fluency, and your infrastructural sufficiency, including but not limited to a stable wifi connection and phone/camera stands (collectively, the “Education Information”). You understand that any subjects, Sessions, and Learners allotted to you shall be in Mentor Match’s sole discretion.
- Security of your Account Information: You agree that all information you provide is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it current. You may not transfer or share your Account Information with anyone. You are responsible for maintaining the confidentiality of your Account Information and for all activities that occur under your Account. You agree to immediately notify us upon becoming aware of any unauthorized use of your Account Information. Mentor Match reserves the right to take any and all action, as it deems necessary, regarding the security of our Service and your Account Information. Under no circumstances shall Mentor Match be held liable to you for any liabilities or damages resulting from or arising out of your use of our Platform, your use of the Account Information, or your release of the Account Information to a third party. To use our Service, you must be at least 18 years of age.
- Access to Website, App, and Platform: Our Website, App, and Platform are currently provided to you at no cost. In the event that we change this in the future, we will communicate such modification to you as per the procedure detailed under this Agreement.
- Fees: For any Sessions taken by you on our Platform, Mentor Match shall make a payment to you (“Fees”) on an hourly basis at the rates listed at Mentor Payment (“Hourly Rates”) based on the duration of each Session (“Session Duration”). The Mentor agrees and understands that (a) the first thirty (30) seconds of each Session with a Learner will not be counted towards the Session Duration; (b) if the Session Duration is more than ten (10) minutes, the Fees for that Session will be calculated at one fourth (1/4th) of the Hourly Rates; (c) if the Session Duration is more than twenty (20) minutes, no Fees shall be payable to the Mentor for any additional time spent in that Session upon the end of the twenty (20) minutes; and (d) no Fees will be payable for any Session if the Mentor does not send the Learner a Solution within one (1) hour of the Session concluding. Mentors are advised not to take unnecessary lengthy calls beyond fifteen (15) minutes.
- Ratings and Weekly Incentives: All Mentors will be rated by Learners, solely at their discretion, after every Session on a scale of 0-5, with 5 being the highest rating and 0 being the lowest (“Rating”). All Mentors who meet the Weekly Incentive Criteria as indicated at Mentor Payments shall be entitled to receive weekly incentives (“Weekly Incentives”) at the rates listed at Mentor Payments.
- Milestones and Daily Incentives: The completion of a daily milestones as indicated at Mentor Payments (each a “Milestone”) shall entitle Mentors to receive a daily incentive for every Milestone they achieve (“Daily Incentive”), provided Mentors have an minimum average Rating as indicated at Mentor Payments at the rates listed at Mentor Payments.
- Payment Terms: All Fees, Weekly Incentives, and Daily Incentives payable to a Mentor (together, “Dues”) will be calculated, and transferred to your Mentor Account automatically. These Dues shall be accumulated in the Mentor Account until withdrawn in accordance with this Section (“Withdrawal”). Mentors can check their Dues at any time on our App through their Account.. You can Withdraw your Dues by visiting the link and filling in the required details. Mentors understand and agree that they shall only be eligible to make a Withdrawal once their Dues cross the minimum withdrawal limit as described in Mentor Payments. From the day of Withdrawal, it takes 1-2 working days to transfer the Dues to your bank account or digital wallet. You are responsible to notify Mentor Match if you do not receive the Dues that you believe you are accrued and payable to you, within six (6) months of completion of the accrual of such Dues. Failing to do so may further delay or result in the waiver of the payment of the Dues. Mentor Match shall not be liable for any losses suffered due to any errors in the payment of Dues due to incorrect payment details that you provide to Mentor Match.
- Taxes: You are responsible to declare any taxes, if due, to your local financial authorities as a result of Dues that you receive. Mentor Match will not be liable for any taxes or for providing any assistance on tax matters. In the event any payment due under this Agreement is subject to or becomes subject to any tax or other deduction payable by you, such tax or deduction shall be paid by you, so that the payments by Mentor Match shall be in full and free of all liability for such tax or other deductions. You agree to pay and bear the expense of local, state and/or federal government licenses, sales and use, foreign withholding tax, property, and ad valorem taxes, which may be imposed or assessed with respect to payments made by Mentor Match to you under this Agreement.
- Fraud: MENTOR MATCH RESERVES THE RIGHT TO WITHHOLD OR CANCEL YOUR DUES, IN WHOLE OR IN PART, IF IT SUSPECTS FRAUD, FOUL PLAY OR BREACH OF ANY OF THE CLAUSES SET OUT IN THIS AGREEMENT. MENTOR MATCH RESERVES THE RIGHT, TO AMEND OR WITHDRAW ANY FUNDS CREDITED TO YOUR MENTOR ACCOUNT IN ERROR. MENTOR MATCH RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PAYMENT AND OTHER TERMS PROVIDED BY THIS WEBSITE, APP, AND PLATFORM, EFFECTIVE IMMEDIATELY UPON POSTING ON THE WEBSITE, APP, AND PLATFORM OR BY E-MAIL DELIVERY TO YOU.
- Survival: All sections, which by their nature and context are intended to survive the termination of this Agreement, will survive.
REQUIRED CONDUCT AND PROHIBITED CONDUCT
As a condition to access our Website, App or Platform, you agree to this Agreement and to strictly observe the following:
- Comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements;
- Provide accurate information to Mentor Match and update from time to time as may be necessary;
- Review and comply with notices sent by Mentor Match, if any, concerning our Website, App or Platform;
- Participate in Sessions in a professional and workmanlike manner, honouring this Agreement and the conditions set forth herein; and
- In all Sessions, introduce yourself, greet Learners with politeness, address their needs and concerns, and as applicable, ask them questions for better understanding.
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit our Website, App or Platform (excluding any Mentor content);
- Reverse engineer, decompile, disassemble, decipher, capture screen shots, or otherwise attempt to derive the source code for any underlying intellectual property used to provide our Website, App or Platform, or any part thereof;
- Utilize information, content or any data you view on and/or obtain from our Website, App or Platform to provide any service that is competitive with us;
- Imply or state, directly or indirectly, that you are affiliated with or endorsed by Mentor Match unless you have entered into a written agreement with us;
- Adapt, modify, or create derivative works based on our Website, App or Platform or technology underlying our Website, App or Platform, or other Mentors’ content, in whole or in part;
- Rent, lease, loan, trade, sell/resell access to our Website, App or Platform or any information therein, or the equivalent, in whole or part;
- Access, reload, or “refresh” or make any other request to transactional servers that are beyond generally accepted usage of web-based applications;
- Use manual or automated software, devices, scripts robots, other means or processes to “scrape”, “crawl” or “spider” any web pages contained in the Website;
- Use automated methods to add contacts or send messages;
- Engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of our Website;
- Attempt to or actually access our Website, App or Platform by any means other than through the interface provided by Mentor Match;
- Attempt to or actually override any security component included in or underlying our Website, App or Platform;
- Engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
- Remove any copyright, trademark, or other proprietary rights notices contained in or on our Website, App or Platform, including those of both Mentor Match or any of our licensors;
- Use any information obtained from our Website, App or Platform to harass, abuse, or harm another Mentor or Learner; or
- Engage in any action or promote any content that is harmful, offensive, illegal, unlawful, discriminatory, dangerous, profane, or abusive.
MENTOR MATCH COMMUNICATIONS
You understand and agree that you may receive information and push notifications from Mentor Match via email, our App, text message on your mobile device, or calls to your mobile number. You hereby consent to receive communications via email, our App, text message on your mobile device, or calls to your mobile number. You acknowledge that you may incur additional charges or fees from your wireless provider for these communications, including text message charges and data usage fees, and you acknowledge and agree that you are solely responsible for any such charges and fees and not Mentor Match.
- Push Notification.You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of our Website, App, and Platform.
You agree to indemnify, defend, and hold Mentor Match and our officers, employees, managers, directors, customers, and agents (the “Indemnitees”) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys’ fees) resulting from any claim, suit, action, demand or proceeding brought by any third party against Mentor Match and our Indemnitees arising from any of the following: (i) a breach of this Agreement; (ii) the negligence, fraud, or willful misconduct of you or your employees, agents, or contractors; (iii) incorrect information provided by you in your account or elsewhere; or (iv) a failure by you to comply with applicable laws and regulations.
Your access to and use of our Website, App, and Platform or any content are at your own risk. You understand and agree that our Website, App, and Platform are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of our Website, App or Platform or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of our Website, App or Platform or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by our Website, App or Platform; and (iv) whether our Website, App or Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through our Website, App or Platform, will create any warranty or representation not expressly made herein.
MENTOR MATCH DOES NOT REVIEW, VERIFY, REVISE, ENDORSE, OR OTHERWISE APPROVE ANY CONTENT CREATED OR POSTED BY OUR MENTORS OR LEARNERS, AND COMMUNICATED TO OTHER MENTORS OR THIRD PARTIES VIA OUR WEBSITE, APP OR PLATFORM, BUT MENTOR MATCH WILL REMOVE CONTENT THAT VIOLATES ANY LAWS OR THIS AGREEMENT. WE ARE NOT RESPONSIBLE IF INFORMATION MADE AVAILABLE ON THIS APP/WEBSITE IS NOT ACCURATE, COMPLETE OR CURRENT. UNDER NO CIRCUMSTANCES WILL MENTOR MATCH BE LIABLE IN ANY WAY FOR ANY CONTENT CREATED OR POSTED BY OUR MENTORS FOR, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF SUCH CONTENT. THE CONTENT IS SOLELY CREATED BY OUR MENTORS, AND MENTOR MATCH SPECIFICALLY DISCLAIMS ANY AND ALL ROLE WHATSOEVER WITH RESPECT TO THE CREATION OR POSTING OF SUCH CONTENT. THIS APP/WEBSITE MAY CONTAIN CERTAIN HISTORICAL INFORMATION. HISTORICAL INFORMATION, NECESSARILY, IS NOT CURRENT AND IS PROVIDED FOR YOUR REFERENCE ONLY. WE RESERVE THE RIGHT TO MODIFY THE CONTENTS OF THIS APP/WEBSITE AT ANY TIME. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO MONITOR CHANGES TO OUR APP/WEBSITE.
LIMITATION OF LIABILITY
You acknowledge and agree that, in no event will Mentor Match be liable to you or any third party for any indirect, punitive, exemplary, incidental, special, or consequential damages whether in contract, tort (including negligence), or otherwise arising out of this Agreement, or the use of, or the inability to use, our Website, App or Platform, including, without limitation, any information made available through our Website, App or Platform pursuant to this Agreement. In the event the foregoing limitation of liability is determined by a court of competent jurisdiction to be unenforceable, then the maximum liability for all claims of every kind will not exceed one times (1x) the aggregate of payments received under this Agreement. The foregoing limitation of liability will cover, without limitation, any technical malfunction, computer error or loss of data, and any other injury arising from the use of our Website, App or Platform. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent that Mentor Match may not disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Mentor Match’s liability will be the minimum permitted under applicable law.
COPYRIGHT INFRINGEMENT/DMCA NOTICE
If you believe that any content on our Website, App or Platform violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent.
- Your physical or electronic signature;
- Identification of the copyrighted work(s) that you claim to have been infringed;
- Identification of the material on our Website, App or Platform that you claim is infringing and that you request us to remove;
- Sufficient information to permit us to locate such material;
- Your address, telephone number, and email address;
- A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Mentor Match’s Copyright Agent to receive DMCA Takedown Notices is Rohit Raheja, [email protected] match.com, at Mentor Match Private Limited., Attn: DMCA Notice, Tirupathi Apartments, Apt. No. K, Ground Floor, No.51/22, Venus Colony 2nd Street, Alwarpet, Chennai-600018. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by Mentor Match in connection with the written notification and allegation of copyright infringement.
This Agreement is only for your benefit. You shall have no right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void.
ANTI-BRIBERY AND EXPORT COMPLIANCE
You agree not to promote, approach, use, distribute, transfer, provide, sub-license, share with, or otherwise offer our Website, App or Platform in violation of any laws or this Agreement, including, without limitation, the United States Foreign Corrupt Practices Act, the UK Bribery Act and similar anti-corruption statutes in all jurisdictions. Without limiting the foregoing, you will not knowingly directly or indirectly export, re-export, transfer, make available or release (collectively, “Export”) our Website, App or Platform to any destination, person, entity or end-use prohibited or restricted under the governing/applicable laws without prior applicable government authorization to the extent required by the applicable export control regulations.
We reserve the right, at our sole discretion, to change or modify this Agreement at any time. In the event, we modify the terms of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. We will inform you about the modifications via email, on our Website, App or Platform by posting a modified version of this page, or by a comparable means within a reasonable time period. Your continued use of our Website, App or Platform shall constitute your consent to such changes.
RELATIONSHIP OF PARTIES
The parties hereto are independent contractors, and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint ventures, shareholders, employer/employee, or agent/servant. The Mentor has no power or authority to bind Mentor Match to any obligation, agreement, debt or liability. The Mentor shall not hold itself out as an agent or representative of Mentor Match
This Agreement shall be governed by the law of the republic of India, without respect to its conflicts of laws principles. Each of the parties to this Agreement consents to the exclusive jurisdiction and venue of the courts located in Chennai Tamil Nadu, India for any actions not subject to Dispute Resolution and Arbitration provisions as set forth in Section 22.
DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.