Mentor Terms and Conditions

 

Recordal

 

These terms and conditions are published by Career Climbers Ltd t/a Career Climbers (“the Company”), which are applicable to all transactions or engagements as contemplated herein.

 

The Company is the proprietor of a business which facilitates connecting persons seeking a better understanding of an industry from a career perspective to persons with relevant experience in that industry, with the underlying notion that the introduction serves as a network extender and informal conversational platform for potential entrants to a new industry. The Company is also the proprietor of and operates a website, as well as related mobile-sites and software applications which the Company may launch (collectively, “the Website”). This Agreement pertains to the video conferencing link meetings facilitated via the Website.

 

These terms and conditions are binding and enforceable against every person that submits an application to become a Mentor (“You” and/or “Your”). By submitting a Mentor Application Form to the Company and/or by registering on the Website to be a Mentor, You acknowledge that You have read and agree to the terms and conditions set out herein. If You do not agree to these terms, You must not submit a Mentor Application Form and You must not register on the Website to be a Mentor.

 

Applying to be a Mentor

 

You shall not be permitted to render any service as a Mentor unless the Company has approved Your application to be a Mentor, as set out below.

 

Registration as a Mentor entails submitting the registration application form, which You can access by following the prompts on the Website, to the email address specified on the form and providing all the required information and supporting documents requested therein.

 

The Company shall in its sole discretion elect whether to approve Your application or not. When considering Your application, the Company will consider inter alia the following:

 

Your employment history in one or more of the following industries:

 

1. Consulting;

2. Financial advisory;

3. Accounting;

4. Tax Advisory;

5. Risk Advisory;

6. Investment Management

 

Your level of experience in the relevant industry(ies).

 

You may not apply to be a Mentor if, by doing so, You will be acting in conflict with any of Your obligations to a third party or if You will be otherwise restricted by a third party in providing the warranties which You provide in these terms and conditions.

 

By applying to be a Mentor, You warrant that You shall be available for at least one 30-minute meeting per week.

 

By applying to be a Mentor You warrant that at the time of the application, at any time prior to Your approval, and in advance of any meeting with a Candidate:

 

1. You have not been convicted of any criminal offence or charged with any offence involving dishonesty or deception;

2. You are not subject to an order, judgment, action or investigation of a court or any national or state regulatory or self-regulatory or other law enforcement body relating to an accusation of civil or criminal fraud or deceptive practices;

3. You are not named on a sanctions list of individuals or entities maintained by any country or non-governmental organization.

 

You warrant that all the information and documentation provided to the Company is accurate and up-to-date. You shall promptly update the Company of any changes to the information provided upon such occurrence.

 

You hereby authorise the Company to contact any educational institution, financial institution, former employer, current employer, or any other person referenced in Your application to verify the information provided by You should the Company deem it necessary to do so.

 

The Company will create Your profile (once Your application is approved) based on the information provided by You. You will be held solely responsible in ensuring the accuracy of the information.

 

Should any of the above warranties be inapplicable at any point after Your approval to be a Mentor, You undertake to immediately notify the Company of the specific details of the event affecting these warranties.

 

If You do not wish to be a mentor any longer, You are required to notify the Company of Your election immediately by sending an email to support@careerclimbers.co.uk.

 

Your Scope of Services & Role

 

The scope of the service which You are agreeing to provide is that of a mentor and advisor, in a non-professional capacity, on any topic related to Your experience within any professional industry or related to Your experience in transitioning from one industry to another.

 

You acknowledge that the mentoring and advisory service is opinion-based, and is intended to represent Your opinion on any topic of discussion.

 

You shall at all material times render the services as an independent party, and not as an employee, agent or representative of the Company. Your relationship with the Company is strictly that of an independent contractor. Nothing in these terms and conditions creates an employment relationship, partnership, joint venture, or agency. Your advice given to the Candidate must not purport to be the view or opinion or representation of the Company. The Company merely facilitates setting up the discussion (“Call”) between You and the Candidate.

 

You are not permitted to and You warrant that You shall not utilise this platform to provide any professional advice of whatsoever nature, whether for a fee or not. Accordingly, You hereby indemnify and hold the Company harmless against any claim related to any advice of whatsoever nature given by You to any Candidate.

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You may not and You undertake that You will not communicate, in any manner whatsoever, with a Candidate outside of the Calls contemplated herein with the intention of circumventing the Company or depriving the Company of any income, revenue, remuneration or fees that it would ordinarily be entitled to had You arranged a call via the Website.

 

Setting Up a Call, Re-scheduling a Call, Cancelling a Call, and being paid for a Call

 

Upon confirmation of Your approval as a Mentor, Your details will be captured onto our system for onward referral to a Candidate seeking to engage with a Mentor.

 

A Candidate will initiate a Call by following the prompts on the website, and in accordance with the Candidate Terms and Conditions. Once a Candidate has duly requested a call, our algorithms and software (“our System”) shall identify the most suitable Mentors taking into account inter alia the requirements of the Candidate, the experience of the Candidate, the requests of the Candidate, Your expertise, level of experience, Your availability, and any other relevant factor. If our System identifies You to be amongst the most suitable Mentors, Your credentials will be shared with the Candidate who may elect whether to confirm a Call with You or not.

 

The Company make no representations or guarantees that our System will identify You to be one of the most suitable Mentors.

 

The Company reserves the right, at its own discretion, to amend, alter, modify, and enhance our System at any point in time without notice to You. The Company also reserves the right to override an automatic recommendation of our System should the Company deem the recommendation to be a clear and obvious error. The Company accordingly reserves the right to allocate Calls as it deems appropriate. 

 

Once a Candidate elects to confirm a Call with You, You shall either accept or decline the request within 24 hours of the request being communicated to You.

 

If You fail to accept or decline the offer within 24 hours, You shall be deemed to have declined the request. If You decline 3 (three) consecutive requests, the Company reserves the right to remove Your details from our System.

 

If You accept the offer, You must indicate Your availability for a Call. The Call must occur within 6 (six) days of acceptance of the Request. If You cannot adhere to this time period, You must decline the request.

 

Our team will liaise with You and the Candidate to arrange a mutually suitable date and time for a Call which will take place via virtual meeting. The meeting link will be created and sent by the Company to You and the Candidate. The Call shall be deemed to have occurred once the call has been held with the Candidate.

 

Should You need to reschedule a meeting, You must do so more than 12 hours before Your scheduled time by following the prompts on the Website and/or by following any instructions given to You by the Company in any confirmation correspondence. Failure to request to reschedule an appointment more than 12 hours before Your scheduled time will result in You being liable to the Company for 25% (twenty five percent) of the fee You would be entitled to had the Call occurred. Should You fail to request a change and/or fail to attend the meeting, You will be liable to the Company for the full fee paid by the Candidate, which amount shall be proven by way of a certificate of a director of the Company and which shall serve as prima facie evidence of the amount.

 

You hereby authorize the Company to set-off or deduct any amount owing by You to the Company.

 

You acknowledge that Candidates are also entitled to reschedule and cancel Calls in accordance with the Candidate Terms and Conditions. You accordingly acknowledge that You shall have no claim against the Company for any changes or cancellations by a Candidate, except if a Candidate reschedules or cancels a Call less than 12 hours before the scheduled time in which case You will be paid 25% (twenty five percent) of the fee You would be entitled to had the Call occurred.

 

You will be responsible for obtaining access to the platform provided by the Company and agree that access to these services may involve third-party fees, including, inter alia, internet service provider, airtime, data and bank charges. The Company accepts no liability for any disruption or non-availability of services resulting from external causes including, inter alia, communication network failure, natural events, legal restrictions and censorship.

 

At the end of the Call, You will be required to submit post-call feedback in the form requested by the Company.

 

You will be compensated for Your participation in a Call at the rate of GBP25 (twenty five pounds) per 30 minute Call. Payment will be made to the bank account details which You provide to the Company when You apply to be a Mentor. Payment will be made within 48 hours of Your submission of the post-call feedback, subject to any delays outside the control of the Company, which the Company shall not be held liable for.

 

The Company shall be entitled to reduce or increase the rate of any fees payable to Mentors in terms of this Agreement (“the fee adjustment”). In such an instance, the Company will provide written notice to Mentors at least 10 (ten) days prior to the fee adjustment coming into effect. Unless You terminate Your relationship with the Company in accordance with 2.11 above prior to the expiry of the 10 (ten) day period contemplated herein, You shall be deemed to have accepted the fee adjustment.  

 

Any fees payable to You in terms of this Agreement shall be paid to You as an independent contractor, gross of any deductions for tax, for which You remain liable. 

 

Mentors Undertakings

 

You undertake:

 

To provide bona fide advice based on Your first-hand knowledge, and experience;

 

To do all such things necessary, to perform all such acts and to take all such steps as may be open to You and necessary for, or incidental to the performance of Your obligations under this agreement;

 

To render Your services in a manner which shall not violate any law or regulations, bring the Company into disrepute, violate any duty or obligation of any kind and/or policy and/or code of conduct of any other person or entity to which You are subject;

 

Not to disclose to the Candidates any information which is or may be construed to be proprietary or confidential information of a third party, and which You are not entitled to disclose;

 

To decline or discontinue participation in any engagement with a Candidate that would result in a violation of these terms and conditions, even if such violation is consequent to the conduct of the Candidate;

 

To immediately report to the Company any Candidate that attempts to solicit You to breach these terms and conditions;

 

Not to disseminate false or misleading information or inaccurately represent Your experience or knowledge to any Candidate;

 

Not to present Yourself under false pretences for any reason directly or indirectly related to, inter alia, the purpose of gather information;

 

Not to accept, offer, promise, or pay any money, gift or any other thing of value from or to any person directly or indirectly in connection with the Company and/or our system and/or the website for the purposes of corruption or bribery, or undue preference.

 

Not to improperly induce Candidates to disclose confidential information;

 

Not to disclose or attempt to use or benefit, directly or indirectly, from any confidential information that is disclosed to You by the Candidate, or which You come across during Your engagement with the Candidate.

 

You may not and You undertake that You will not communicate, in any manner whatsoever, with a Candidate outside of the calls contemplated herein and on the Website with the intention of circumventing the Company or depriving the Company of any income, revenue, remuneration or fees that it would ordinarily be entitled to had You arranged a call via the Website.

 

Not to offer employment or any opportunity to any Candidate which You engage with through the Company for a period of at least 6 (six) months from Your most recent Call with the Candidate;

 

To only interact with the Candidates via the Company or via any medium approved by the Company;

 

Not to publish on the Website or utter on a Call any comment or remark which is or may be construed to be defamatory, inciteful, discriminatory or otherwise unlawful; and

 

Not to utilise the Website and/or the Calls to market, advertise or otherwise promote any business, goods or item.

 

You acknowledge that this agreement and Your undertakings given in terms hereof are fair and reasonable in regard to their nature, extent and period and go no further than is reasonably necessary.

 

You confirm that You have entered into this agreement with full and clear understanding of the nature, significance and effect thereof, freely and voluntarily, without duress.

 

Privacy Policy and Personal Information

 

When registering as a Mentor, You will be required to furnish the Company with personal data and personal information (“Your PI”). Your PI will be subjected to our Privacy Policy which is accessible on our website via https://www.careerclimbers.co.uk, and which may be amended from time to time. By agreeing to these terms and conditions, You warrant that You have read the Privacy Policy and You undertake to review the Privacy Policy prior to arranging a call or when notified of an update.

 

In order to ensure that obligations to You are fulfilled, You are requested to update Your PI should it change.

 

You warrant that Your PI provided by You to the Company via the Website or otherwise is accurate. You hereby indemnify the Company against any claim by any third party for any losses of whatsoever nature which may occur as a result of You furnishing inaccurate, false, or misleading information about You, or any other third party.

 

The Company shall not be liable for any unauthorised use, access, alteration or surveillance of Your PI by any third party, unless such unauthorised conduct occurred as a result of the Company’s gross negligence or wilful conduct.

 

You acknowledge that by You sharing Your PI with third parties, You increase the risk of Your PI becoming known to other parties. You accordingly indemnify and hold the Company harmless for any unauthorised use, access, alteration or surveillance of Your PI by any third party should You share any of Your PI to any party other than the Company. 

 

Cookies

 

By agreeing to these terms and conditions, You acknowledge that the Website utilises “cookies”. “Cookies” are text files which collect information and data by monitoring Your usage of the Website. By using Cookies, the Company and/or its authorised subcontractor is able to enhance the Website by developing it in such a way that it facilitates user preferences as interpreted by the Company and/or its authorised subcontractors. If You disable the use of “Cookies” on Your browser, You may not have access to some features of the Website.

 

Ownership and copyright

 

The Website and its contents, including any material, information, data, software, icons, text, graphics, images, design, lay-out, sounds, marketing material, video clips, trade names, trade dress, logos, trademarks, or other devices which feature on the Website belong to the Company or the Company has the requisite authority to utilise.

 

By utilising the Website, You do not have right to the Website or its content nor any right to use, distribute, reproduce, or sell the Website or any of its content without the Company’s prior written consent.

 

Disclaimer and Limitation of Liability

 

The service provided by the Company is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, the Company excludes all representations and warranties relating to the Website and contents thereof or which is or may be provided by any affiliates or any other third party.

 

Whilst the Company takes all reasonable measures to validate the content of the Website, You acknowledge that You use the Website entirely at Your own risk. The Company shall not be liable for any risk or loss which arises from any reliance upon or in connection with the Website or its contents.

 

The Company makes no express or implied warranty of the Website’s functionality, operation, efficacy or accuracy. The Company is accordingly indemnified by You for any loss or damages which You may suffer as a result of You being unable to access or use the Website in its usual or optimal state.

 

The Company makes no express or implied warranty that the Website or any content of it is free of viruses, spyware, malware, trojans or any other code that may corrupt, compromise or otherwise damage Your device, network, software. The Company accordingly shall not be liable for any loss or harm You may suffer as a result of any of the above occurring, unless it is caused by the gross negligence or wilful conduct of the Company.

 

Any views or statements on the Website are not to be construed as the views of the Company, its directors, employee and/or its agents.

 

The Company shall not be liable for any inaccurate information contained on the Website, including without limitation, information pertaining to Candidates, or the meaning of phrases or  terms, or information about an industry or entity, unless such inaccuracies are the result of the Company’s gross negligence or wilful misconduct.

 

The Company shall not be liable for any misrepresentation provided by You or any omission of information. All information shared by You to the Candidate is solely based on Your knowledge and experience. The Company shall not be responsible for any damage or loss incurred by You or the Candidate during the session resulting from the information and advice provided by You. 

 

The Company shall not under any circumstances be liable for any direct, indirect, incidental, special or consequential loss or damages which You may suffer resulting from You using or relying upon the Website and/or its contents in any manner whatsoever. You accordingly indemnify and hold harmless the Company against any loss, claim, tort or damages of whatsoever nature caused by the use of or reliance upon the App in anyway, irrespective of whether such loss or damages are suffered by You or a third party.

 

The Website may have links to other websites which do not belong to or are under the control of the Company. Accordingly, the Company does not make any representations or warranties pertaining to such websites, including without limitation those related to the content of such website, functionality of such website, safety of such website, “cookies” utilised by such website, or any other data of such website. You hereby indemnify and hold the Company harmless against any loss, expense, claim, tort or damage whether direct, indirect or consequential, which You may suffer following any link to another website from the App, or using such website.

 

General

 

Indemnification: You agree, at Your own expense, to indemnify, defend and hold inculpable the Company and its related parties from all liabilities, claims, expenses and losses of any kind, including legal fees and costs, arising from or related to Your use or misuse of, or access to the Website, content, or otherwise from Your violation of the terms, or infringement, or any third party using Your account or identity in the services, of any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defence and control of any matter subject to Your indemnification, in which case You will assist and cooperate with the Company in asserting any defences available to the Company.

 

Suspension or termination of use: The Company may from time to elect to suspend or terminate the Website, or features of it, whether for You individually or for all users, with or without notice to You. You accept that the Company shall not be liable to You for any reason whatsoever should it elect to suspend or terminate the Website to whatever extent.

 

Blacklisting: Should the Company suspect that You are abusing or misusing the Website to take advantage of the Company, the Website, its features, promotions, or for any other purpose, the Company is entitled to i) blacklist You on its database; ii) suspend or terminate the Website for You; iii) cancel any pending orders; and iv) refuse to accept any future orders. The Company will not be liable to You for any adverse consequence or loss You suffer as a result of it acting as aforesaid.

 

Electronic Communications: By registering as a Mentor, You agree to receiving communications and advertisements from the Company or its representatives electronically, in accordance with this agreement.

 

Variations to these terms: The Company may from time to time, in its sole and absolute discretion, vary these terms and conditions. You are required to read the terms and conditions regularly, but at least once a month. Should You be dissatisfied with any variations to the terms, You must cease using the Website. Utilising the Website after the variation has been published shall mean that You have read and accepted the variations.

 

Governing law and jurisdiction: This Agreement shall be governed in accordance with the laws of the United Kingdom. By registering as a Mentor, You consent to the jurisdiction of the courts, including without limitation the London court of international arbitration. This clause does not limit Your right to approach any competent court, tribunal or forum in terms of the Act.

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Notices:

 

The Company shall accept service of all notices and legal processes in accordance with these terms, and/or the Website at College House, 17 King Edwards Road, Ruislip, London, HA47AE, which address may change from time to time as provided for in 10.5 Variations to these terms above.

 

You hereby consent to all notices and legal processes being served at the address specified as Your delivery address. You may change this address to any other physical address on reasonable notice, of no less than 5 days.

 

All notices or legal proceedings must be:

 

Hand delivered, where it will be deemed to be received on the date of delivery;

 

Registered post, where it will be deemed to be received 10 days from the date it was posted;

 

Email, where it will be deemed to be received on the date indicated in the “read receipt”, or on the 10th day after transmission if no “read receipt” is sent back to the Company. 

 

Cession and assignment: You may not cede, assign, or otherwise transfer Your rights and obligations in terms of this agreement without the prior written consent of the Company.

 

Non-waiver and indulgences: Any failure to or election not to enforce any right which the Company may have in terms of this agreement shall not constitute a waiver of that right. Similarly, any indulgence, extension, relaxation or latitude which the Company may afford to You shall not prejudice or limit the Company in any manner whatsoever in the past or in the future.

 

Severability: Any term or condition contained in this agreement which is declared to be unenforceable or invalid shall be severed from this agreement, and the remaining terms shall be of full force and effect.

 

Variations and Cancellation: No variation or cancellation of this agreement shall be of any force and effect unless varied in terms of 10.5 Variation to these terms or if reduced to writing and accepted by both parties.

 

Whole Agreement: This agreement constitutes the whole agreement between You and the Company. The Company makes no other warranty or undertaking other than those contained in this agreement.

 

Information and Complaints:

 

The Company’s information is the following:

 

1. Full name and registration number: Career Climbers Ltd, 14161059

2. Main Business: Online Services

3. Domicilium citandi et executandi (address for service of legal processes), subject to variation in accordance with 10.5 Variations to these terms and 10.7 Notices: College House, 17 King Edwards Road, Ruislip, London, HA47AE

4. Office Bearers: James Beechey and Ashil Patel

5. Phone number: 07432104433 or 07585889108

6. Email address: support@careerclimbers.co.uk

7. Information Officers: James Beechey and Ashil Patel

 

If You have any complaint about the services provided by the Company, or if You have any query on how to lodge a complaint, You may contact us on the Help Line quoted above. If Your complaint or query is not addressed within 15 (fifteen) days, You shall be entitled by law to refer the complaint to UK’s financial ombudsman to assist in resolving the dispute. The UK’s financial ombudsman contact details can be accessed from https://www.financial-ombudsman.org.uk.