This policy, including its terms and conditions, (referred to as “Mentorship Policy or “Mentorship Terms”) are an addition to the General Terms and Conditions (referred to as “General Terms and Conditions” for this website, and should be read in conjunction with such terms.
This policy is only applicable to customers/mentees (referred to as “Mentees” or “Customers”) who have purchased any free or paid for mentorship session/s and/or package/s (referred to as “Mentorship Services” or “Mentorship”).
In the event that any terms and conditions specified in this policy conflicts with any specified within the General Terms and Conditions, then the terms within this policy will take precedence.
By purchasing/acquiring any free or paid for Mentorship Services, you automatically agree to be bound by the following terms and conditions of this Mentorship Policy as well as the General Terms and Conditions, including those additional terms and conditions, and policies referenced herein and/or available by hyperlink.
This Mentorship Policy applies to all Mentees of the site, including without limitation users who are browsers, vendors, customers, affiliates, merchants, partners and/or contributors that have purchased any free or paid for Mentorship Service.
If you do not agree to all the Mentorship Policy, then you may not access any Mentorship Services and should not purchase any Mentorship Services. If you have purchased any Mentorship Services, you have automatically agreed to the terms and conditions of this Mentorship Policy.
You can review the most current version of the Mentorship Policy at any time on this page.
We reserve the right to update, change or replace any part of the Mentorship Policy by posting updates and/or changes to our website.
It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
You will receive mentorship from your assigned Mentor as per the mentorship package you select.
You and your Mentor agree to devote your time (individually and collectively) as required in this Mentorship Policy and as per the time required as part of the Mentorship Services.
Both parties agree to act in a professional, honest, and ethical manner at all times.
Both parties agree that they are entering into this agreement of their own free will, with full understanding of the terms of this Mentorship Policy and the Mentorship Services being rendered.
SECTION 1 – MENTORSHIP
You voluntary associate yourself with Upstart Entrepreneurs for Mentorship upon purchasing any Mentorship Service.
The scope of mentorship in terms of your goals and expectations will be set at the first mentorship session with your Mentor, and may change as mentorship progresses and as your goals, requirements or expectations change.
You confirm that you understand what is included in the Mentorship Service you have selected prior to purchasing.
You understand that your Mentor is there to advise and guide you, and not to do the work for you, and is not an employee of you or your company.
You understand that your mentor is sharing his/her skills, expertise, and knowledge to the best of his/her ability and offers no guarantees whatsoever.
You understand that you have the right to accept or reject any advice given at your sole discretion, and the choice to implement any advice, resources, documentation, information, tips, and/or guidance is at your discretion.
You understand that you are required to come prepared to any mentorship session, with any information, documents, materials, communications, etc that your Mentor may require, or has requested from you, in order to effectively mentor you. We do not accept any responsibility of any kind as a result of you being unprepared for a session.
SECTION 2 – ONLINE SESSIONS
Mentorship sessions will be held online using Zoom (or equivalent), as specified by your mentor, with full audio and video feed.
You agree to allow full audio and video feed during mentorship sessions, in order to make the mentorship more effective.
You agree to allow us to record any mentorship sessions, at our discretion. If recorded, this recording can be made available to you upon request.
You understand that it is your responsibility to ensure that you have a reliable internet connection with sufficient bandwidth to accommodate a video/voice conference with your mentor.
In the event that a session is terminated due to your internet going down, or your bandwidth not being sufficient resulting in the inability to continue mentorship effectively, as defined by the mentor, it will count as a full session and be deducted from your total number of sessions available.
Rescheduling of a session in the event of your bandwidth being inefficient or internet going down, is at the sole discretion of your mentor and his/her availability.
SECTION 3 – GROUP MENTORSHIP
Inviting friends, family, colleagues, associates, partners, or any other person to participate in a single mentorship session is prohibited, unless such is request by your Mentor, or approved by your Mentor upon request. Approval of such is at the sole discretion of your Mentor.
No group mentorships sessions apply to the Mentorship Services listed, unless otherwise specified in the description or additional information of the Mentorship Service you are purchasing.
Group mentorship sessions or online events may be made available as separate events to members of the site, at the discretion of Upstart Entrepreneurs.
SECTION 4 – IN-PERSON SESSIONS
In-person sessions are session held between you and your mentor, face to face at a venue and location specified by the mentor.
In-person sessions are available on selected Mentorship Services to you only if you are willing to travel to the specified venue and location of your mentor.
The costs for your travel to the venue or location specified by the mentor will be for your own cost.
Any foods, drinks, or other items you may purchase at the venue selected by the mentor will be for your cost, and the mentor will be responsible for any costs he/she incurs on the same.
You understand that requesting in-person sessions is available by contacting your mentor directly after purchasing your Mentorship Service.
Any requests for in-person sessions outside of the suburb where the mentor is based, is available upon request, however any expenses relating to travel, accommodation, time, and other expenses will be for your cost and payable in advance.
SECTION 5 – SESSION DURATION
You understand that the duration of your mentorship session is as per that specified in the Mentorship Services you have purchased.
You understand that your mentor may extend the session at his/her discretion, and that this would be at no cost to you, subject to his/her availability.
You understand that in the event that your mentor does extend a session for you, that this is not the norm, and should not be expected from each session.
The time that your mentor extends the session is at the sole discretion of your mentor.
Your mentor may advise you, if applicable and at their discretion, that should extensions be more than 90mins, that it would count as a separate session and be deducted from your total number of sessions available. The mentor is required to advise you of this prior to extending the session and requires your approval before doing so.
SECTION 6 – SESSION SCHEDULING
Upon purchasing Mentorship Services, you will be redirected to a booking form to schedule the session/s in advanced that you have purchased, within the time frame you have purchased for.
You will be required to pick a date/time when you are available, and the system will automatically confirm the availability of your mentor.
You understand that you are required to pick a time that both you and the mentor are available, and that mentorship is subject to your mentor’s availability.
In the event that your mentor is not available on the date/time you wish to select, you may request a new date/time (see rescheduling) after scheduling your initial sessions by email to your mentor to see if he/she can accommodate you at another time, however such decision will be at the sole discretion of the mentor, and if he/she is unable to accommodate you, you will be required to pick another available date/time slot or keep the original date/time.
We reserve the right to open more available booking slots or close available booking slots, at our discretion.
SECTION 7 – MENTORS
Each of our Mentors are verified and qualified in terms of experience or expertise to advise you.
You understand that most Mentors have different skill sets, and we reserve the right to allocated you to a different Mentor should we feel he/she is better suited to assist you. Such changes/reallocations may happen at any stage during your Mentorship Services contract.
You understand that you may select a different mentor, only in the event that another mentor is available. Should another mentor not be available you will be required to continue with your current mentor.
SECTION 8 – CANCELLATIONS AND RESCHEDULING
You understand that we do not accept any cancellations of sessions, and offer no refund as per our Refund Policy.
You understand that any session/s cancelled, and not rescheduled, will be deducted from your total number of sessions allocated to you.
We do however offer rescheduling of sessions within a 30-day period from the date that you purchased the Mentorship Services.
You understand that rescheduling of sessions can be done by contacting your Mentor directly by email or Whatsapp, or if and when available, in your account on the Website.
You understand that rescheduling of sessions needs to happen at least 24-hours prior to the scheduled date/time.
We offer exceptions to rescheduling within the 24-hour period before your scheduled date/time slot, due to exceptional circumstances outside of your control, such as a crises or challenge arising. In such an event, it is your responsibility to let your Mentor know are least 15-30min prior to the session so that it can be rescheduled for later in the day, or another date/time, at the discretion of the Mentor. Approval of such rescheduling is at the sole discretion of your Mentor and may be rejected if he/she finds the reason provided invalid. In such case the session may, at your mentor’s discretion, be classed as a cancelled session and be deducted from the total sessions allocated to you.
In the event, for whatever reason, your Mentor needs to reschedule, such rescheduling needs to happen in a time that you are available within 7 (seven) days. If you cannot accommodate your Mentor within the 7 (seven) day period, the Mentor may add on an extra 1 (one) week to your package to allow you to take such session.
SECTION 9 – BEING LATE
You understand that should you be late for a session, that you will only have the time available from the allocated time left with your Mentor.
In the event that your Mentor is running late, he/she are required to advise you and ensure that your session is extended by the appropriate time to ensure you get your full time allocated.
If the Mentor, at his/her discretion, is running late and feels that it is better to reschedule the session, he/she may do so at their discretion, subject to the clauses in the Cancellation and Rescheduling section of this document.
SECTION 10 – DISCLOSURE
You understand that in order to provide you proper mentorship, you are required to disclosure all Information required and/or requested by your Mentor in order for him/her to fulfil their obligation to you.
You understand that failure to provide accurate and relevant Information to your Mentor, may result in their inability to mentor you correctly or provide relevant and accurate advise.
Any information you disclose to or receive from your Mentor is covered under the Confidentiality and Non-Disclosure clauses of this agreement.
SECTION 11 – ELECTRONIC COMMUNICATIONS AND RECORDINGS
You understand and acknowledges that in terms of the regulation of interception of communication and provision of communication related information act, we are entitled to and do hereby reserve the right to intercept, monitor, read, filter, block or take action in respect of any communication made, transferred, or stored belonging to Upstart Entrepreneur or relating to any Mentorship Services, between your Mentor and yourself.
You understand that any agreement made or entered into by email, message or by electronic signature between you and Upstart Entrepreneur, or you and your Mentor, will be deemed legally binding.
You understand that any calls, video conferences, meetings, emails or messages between the yourself and Upstart Entrepreneur, or you and your Mentor may be recorded for reference purposes and may be used should any dispute arise.
By purchasing any Mentorship Services, you give Upstart Entrepreneur full permission to take such actions as specified in this section, at their discretion.
SECTION 12 – DISPUTES
In the event of any dispute, initiated either by yourself or your Mentor, details of such dispute should be emailed to email@example.com and marked for the attention of the CEO.
Both parties commit to resolving any dispute arising within 7 (seven) days of logging such dispute.
In the event that neither party comes to an agreement, the aggrieved party may at their discretion refer the matter for arbitration, with an arbitrator located in Johannesburg North, Gauteng, South Africa.
Failing resolution at an arbitrator, the aggrieved party may initiate legal actions against the other party at a court located in Johannesburg North, Gauteng, South Africa.
SECTION 13 – PAYMENTS
All payments on the Website are made in in lieu of Mentorship Services to be received.
In the event that a payment fails authorisation or processing for whatever reason, you will still be liable for the outstanding amount.
We reserve the right to put any and all sessions on hold until payment has been authorised and processed.
In the event of reoccurring billing, where you are required to pay monthly, you are required to ensure that sufficient funds are in your account at the scheduled reoccurrence date to cover your mentorship fees.
SECTION 14 – REOCCURING SUBSCRIPTIONS
You understand that all Monthly, 3-Month and 6-Month Packages listed in Mentorship Services are subscription services and will renew automatically at the end of the specified period, and that you were be billed for the next period automatically.
You have the option to cancel any reoccurrence of the package at any time in the account section of your profile, or by emailing your mentor, as long as such is done at least 1-week prior to the due date to ensure that your account is not debited.
In the event that a payment fails authorisation or processing for whatever reason, you will still be liable for the outstanding subscription amount.
SECTION 15 – REFUNDS
Please review our Refund Policy for details on refunds.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this Mentorship Policy, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly may deny you access to our Mentorship Services (or any part thereof).
SECTION 17 – LIMITATION OF LIABILITY
In no case shall Upstart Entrepreneur, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Mentorship Services, or for any other claim related in any way to your use of the Mentorship Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Mentorship Services or any content, or Mentorship Services posted, transmitted, or otherwise made available via the website, even if advised of their possibility.
Because some countries and states do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 18 – CONFIDENTIALITY
All information, designs, development, formulas, knowledge, documents, reports, databases, systems, discussions, correspondence, processes, and/or agreements relating to products, services, intellectual property, staff, customers, prospects, suppliers, partners, or associates, of either party, is considered and hereunto referred to as Confidential Information.
All information, designs, development, formulas, knowledge, documents, reports, databases, systems, discussions, correspondence, processes, and/or agreements relating to products, services, intellectual property, staff, customers, prospects, suppliers, partners, or associates, of either party, that is within the public domain, is not considered Confidential Information.
Both parties are forbidden from disclosing any confidential information, whether directly or indirectly, to any person/entity outside of this agreement, without written approval from the owner of such confidential information.
Both parties agree not to disclose, publish, utilize, employ, exploit or in any other manner whatsoever use the confidential information, without prior written consent from the owner of such information.
Both parties acknowledge that by sharing confidential information without written permission in any form whatsoever may result in the other party holding such party in breach liable for any loss, action, expense, claim, harm or damage as a result of their actions.
Both parties accept full responsibility for any confidential information in their possession and takes all reasonable precautions to protect such confidential information.
Both parties acknowledge that they are required to let all other parties know immediately of any breach or suspected reach of confidential information, either by themselves, or others they are aware of.
Upon termination of this agreement, by whatever means, both parties will return all confidential information in their possession, in whatever form it may be, to the owners of such confidential information, and ensure that no copies are kept.
You understand that a certain amount of information is kept by Upstart Entrepreneurs for record purposes relating to the mentorship.
Both parties are aware that any breach of the confidentiality clauses in this agreement will be viewed as a serious act, warranting in some cases criminal action, and that the aggrieved party may pursue legal remedies to prevent any breach, or claim compensation in relation to such breach.
Both parties are restricted from sharing confidential information indefinitely.
All employees, managers, directors, shareholders, consultants, and officers, including any partners or associates of either party involved in the mentorship, directly or indirectly, are subject to the same terms and conditions of the confidentiality clauses in this agreement.
SECTION 19 – INTELLECTUAL PROPERTY
You are aware that you will be presented, in some cases, with the intellectual property of Upstart Entrepreneur, and that it is considered confidential information as per the confidentiality clauses of this agreement.
You may at no time plagiarise, steal, use, share, borrow, attempt to patent or copy write, any confidential information shared with you during course of your mentorship, and after, without express written permission from Upstart Entrepreneur.
SECTION 19 – SOLICITATION
Neither party may solicit or attempt to solicit any staff from the other party, either directly or indirectly, and can be held liable for costs in such cases at the discretion of the aggrieved party.