TERMS AND CONDITIONS – MENTOR COACHES
1. WHAT IS THE VALUENEURS™ PLATFORM?
- The Valueneurs™ Platform is a unique and powerful electronic platform designed to connect and facilitate communication between Users and Mentor Coaches who assist Users in achieving their short term personal and business goals more effectively, while developing Users’ ability to more effectively deal with problems when they arise.
- Valueneurs™ role is strictly limited to facilitate communication. We do not render any Coaching Services.
- The Valueneurs™ Platform is not meant to be used for medical or psychological diagnosis or treatment.
- The Valueneurs™ Platform provides Users and Mentor Coaches with a method of accessing the Valueneurs™ Platform through their smartphone, tablet or similar device.
2. TERMS AND CONDITIONS
- These terms and conditions (“Terms”) apply to all Users of the Valueneurs™ Platform, including Mentor Coaches.
- Please read the Terms carefully, as they contain exclusions and limitations of liability that affect you and impose legally binding obligations on you.
- If you do not agree to these terms you may not register for or use the Valueneurs™ Platform.
- By clicking “accept”, “proceed” or “continue”, or by using the Valueneurs™ Platform, you agree to be bound by these Terms and represent and warrant that you are at least 18 years of age and that you are capable of entering into a legally binding agreement.
- We have defined certain words in these Terms which will begin with a capital letter (save for “you”, “we”, “us” and variations thereof). The definitions of these words may be found at the end of these Terms.
- Singular words include the plural and the other way around.
- Any references to legislation, rules or regulations will refer to same as amended from time to time.
- Important clauses which may limit our responsibilities or involve some risk for you will be in capital letters, bold letters or italicised letters in order to bring them to your attention. You must pay special attention to these clauses.
- You agree that you will not use the Valueneurs™ Platform in contravention of any laws, regulations or these terms.
- The Terms and relationship between us shall be governed by the laws of the Republic of South Africa.
- If any clause in these Terms is invalid, illegal or unenforceable, it will not affect the validity, legality or enforceability of the remaining clauses of these Terms.
- If we fail to exercise or enforce any right or provision of the Terms it shall not constitute a waiver of such right or provision.
- We may freely cede, assign or otherwise transfer our Agreement with you, or any of our rights or obligations under this Agreement to any third party without notice to you insofar as is lawfully permitted.
- You consent to the jurisdiction of any Magistrates’ Court with jurisdiction under Section 28 of the Magistrates’ Court Act 32 of 1944 in regard to any legal proceedings instituted by us in connection with our Agreement/these Terms.
4. REGISTERING FOR THE VALUENEURS™ PLATFORM
- Mentor Coaches are not able to register themselves on the Valueneurs™ Platform. Once a Mentor Coach has been approved by us we register him/her on the Platform.
- During the registration process you may be asked to provide the following information:
- Name and surname (compulsory);
- Date of birth (compulsory);
- Email address (compulsory);
- Password (compulsory);
- Payment information (compulsory);
- Mobile number (optional).
- This information is used for identifying Users and Mentor Coaches and enabling Mentor Coaches to make contact with Users.
- When registering for the Valueneurs™ Platform you agree to remain a Mentor Coach for a period of twelve months.
- By registering to be a Mentor Coach on the Valueneurs™ Platform you agree that we may, at our sole discretion, use your face, name/s, brand/s and services to market, promote and advertise the Valueneurs™ Platform.
- You can change your password as often as you want by logging onto the Valueneurs™ Platform.
- You are solely responsible for maintaining up to date and accurate information pertaining to your use of the Valueneurs™ Platform, including without limitation, your payment and personal information.
- We are not responsible for incorrect and/or invalid information provided by you or for any harm or prejudice whatsoever suffered as a result thereof.
5. USE OF/ACCESSING PLATFORM
- Our role is strictly limited to connecting and facilitating communication between Users and Mentor Coaches.
- We do not assess whether the use of the Valueneurs™ Platform or the Coaching Services provided by Mentor Coaches are suited to Users’ needs. That is the sole responsibility of Users and Mentor Coaches.
- The Valueneurs™ Platform is not meant to be used for medical or psychological diagnosis or treatment and is not a substitute for services provided by licensed and qualified medical health practitioners.
- Never avoid or delay referring a User to a suitably qualified medical or psychological professional or other qualified medical health care provider if necessary.
- We are not responsible for and cannot be held liable for any harm or prejudice caused to you, a third party or any property as a result of decisions made by Users which are based on information provided to them through the Valueneurs™ Platform by you or otherwise.
- You are advised to exercise a high level of care and caution in the use of the Valueneurs™ Platform.
- We reserve the right to terminate your Account and access to the Valueneurs™ Platform without any notice to you if we suspect or find that you are using the Valueneurs™ Platform to transmit any of the following:
- Unsolicited promotion of goods or services;
- Malicious software or code;
- Unlawful, discriminatory, violent, inciting or any other potentially harmful Content;
- Any Content that infringes the intellectual property rights of a third party or of us;
- Any Content the publication of which may constitute, cause, encourage or incite a criminal action or which may violate any applicable law.
6. CHECK-IN SESSIONS
- Mentor Coaches shall use the Valueneurs™ Platform to indicate times and dates during which they are available for Users to book Check-In Sessions with them.
- Mentor Coaches are not permitted to accept or conduct Check-In Sessions which run back-to-back or consecutively. Mentor Coaches accept and agree that the Valueneurs™ Platform will not allow Mentor Coaches to accept back-to-back or consecutive bookings for Check-In Sessions.
- Cancellation of Check-In Sessions
- Mentor Coaches are obliged to accept the cancellation of a Check-In Session if the Users provide the Mentor Coach with notice of cancellation at least 24 hours before the Session is scheduled to start.
- If a User fails to give adequate notice of cancellation we will allow you to invoice us for the Session as if it had been attended by the User, except if we, in our sole discretion, decide not to deduct the Session from the User for any reason whatsoever.
- Mentor Coaches are required to give both Valueneurs™ and the affected User 24 hours’ notice of a cancelled Check-In Session.
- If a Mentor Coach fails three times within a six-month period to give adequate notice of cancellation of Sessions to both Valueneurs™ and the affected User, or if a Mentor Coach fails three times within a six-month period to attend scheduled Sessions, we reserve the right to suspend that Mentor Coach’s access to and use of the Valueneurs™ Platform for an indefinite period without any notice to him/her.
7. MENTOR COACHES
- Mentor Coaches are required to meet the following requirements to be selected to provide Coaching Services:
- Have a graduate degree or higher;
- Be registered with Coaches and Mentors of South Africa (COMENSA) or International Coach Federation (ICF);
- Have experience and training in individual coaching;
- Have a minimum of 3 years or 2 000 hours coaching or other relevant experience.
- You are solely responsible for keeping accurate records of any and all communication or exchanges between yourself and the User, including but not limited to the time, date, topic and content of the communication or exchange.
- You are solely responsible for safeguarding and ensuring the confidentiality of any and all Data transmitted to you by a User.
- Mentor Coaches are not employed by Valueneurs™. Valueneurs™ does not control or direct the work of Mentor Coaches, nor does it control the number of Check-In Sessions attended by Mentor Coaches, or the number of hours worked by them. Valueneurs™ does not provide the tools of trade or equipment utilised by Mentor Coaches. Valueneurs™ merely connects and facilitates communication between Users and Mentor Coaches.
8. SUICIDAL THOUGHTS
- If you know or suspect that a User is thinking about suicide or is considering taking actions that may cause harm to him-/herself or others, or if you feel that any other person may be in any danger or if the User has any medical emergency you must immediately call Emergency Services and notify the relevant authorities.
- For ease of reference and without any guarantee as to the correctness thereof we provide the below contact details:
- South African Police Service – 10111;
- Emergency – 1022; 107 (landline); 112 (mobile);
- Fire Department and Ambulance – 10177;
- Paramedics (Netcare) – 082 911.
- You acknowledge, confirm and agree that the Valueneurs™ Platform is not intended for or appropriate to use in the aforementioned circumstances.
9. FEES AND COSTS
- You will be liable for payment to us of your monthly subscription fees for the entire period that you are registered to use the Valueneurs™ Platform.
- The subscription fees payable by you depend on the package selected when registering on the Valueneurs™ Platform.
- Your subscription fee covers your access to and use of the Platform and allows you to make yourself available for bookings of Check-In Sessions by Users. It also allows you to book one Check-In Session per month with another Mentor Coach, free of charge.
- We will send you a monthly invoice in respect of your subscription fees to the email address nominated by you when registering on the Valueneurs™ Platform.
- You must notify us of any fee dispute within 15 days of the invoice or charge date, whichever occurs first.
- Standard Data costs will further be charged by your internet service provider or mobile network operator and when you access the App or Platform. Any questions or queries in this regard must be directed to your internet service provider or mobile network operator.
- Mentor Coaches must invoice Valueneurs™ for all Check-In Sessions attended by them on a monthly basis and at the rate agreed upon between you and Valueneurs™ at the time that you registered for the platform.
- Invoices must be delivered to email@example.com on or before the 20th day of each month. Any invoice delivered after the 20th day of each month will only be processed in the following month.
- Valueneurs™ will make payment of all processed invoices on or before the last day of every month into your nominated bank account.
- You are responsible for keeping your password secure and for everything that occurs through your use of the Valueneurs™ Platform, including the activities of others, whether such activities are authorised or not.
- You are responsible for scanning any Data transmitted to you through the Valueneurs™ Platform for malicious code or software.
- We are not responsible for any harm or prejudice suffered by you or any other person as a result of your failure, neglect or refusal to keep your password secure, or to fail, neglect or refuse to scan any Data transmitted to you for any malicious code or software.
- We will not be liable for any harm or prejudice suffered by you or any other person as a result of another person accessing, using and/or transmitting Data through your Account.
- Only our authorised employees and agents have access to the personal information you send through the Valueneurs™ Platform.
12. PROCESSING YOUR PERSONAL INFORMATION
- In order to operate the Valueneurs™ Platform and to improve on the services you receive from us we may process, store, retain and/or utilise your personal information, including but not limited to:
- Information about your Device software and hardware, including the unique internet mobile equipment identity (IMEI) of your mobile Device, the unique integrated circuit card identity (ICCID) number of your SIM card in your mobile Device, your email address, your internet protocol (IP) address, your mobile telephone number, third party software installed on your Device, installation and uninstallation rates, language of your Device and its manufacturer, screen size and model of the Device and any other technical information;
- The date and time, country and IP address of the Device from which your Device is connected to our back-end server;
- Geographic location information based on your mobile network operator’s tower details, GPS and/or WIFI communications network location;
- The personal information you provide when you enter one of our competitions or promotions, when you complete a survey or when you report a problem with us;
- A record of correspondence when you contact us;
- Details of your use of the Valueneurs™ Platform, including but not limited to traffic Data, location Data, weblogs and other communications Data that you access.
- We process the above information for the following purposes:
- To ensure that the Valueneurs™ Platform is presented in the most effective manner for you and your Device;
- To verify your identity;
- To allow you to participate in interactive features made available through the Valueneurs™ Platform;
- To carry out statistical and other analysis to identify potential markets and trends; and
- To develop new products and services.
- We will keep your personal information only to enable us to use it for the purposes described in these Terms.
- You acknowledge that:
- We will at all times remain responsible for determining the means of processing your personal information;
- You are giving us your personal information voluntarily.
13. DISCLOSURE OF PERSONAL INFORMATION
- We will treat your personal information as confidential and shall not disclose your information to third parties, except as permitted under these Terms or where we are legally compelled to do so.
14. DISCLOSURE OF NON-PERSONAL INFORMATION
- We also process information from you that does not identify you as an individual. We may process and disclose such information for any purpose.
- You acknowledge that we own and retain all rights to non-personal information collected and compiled by us.
15. THIRD PARTY CONTENT
- Third Party Content or Sites may from time to time appear on the Valueneurs™ Platform as images, links to websites or other Data.
- Third Party Content or Sites are included only for your convenience and do not constitute any approval, endorsement or warranty by us.
- If you click on a link you will leave the services controlled by Valueneurs™.
- You indemnify us from any and all harm or prejudice you or any other person may suffer as a result of your access to or use of any Third Party Content or Site.
- You agree that we are not liable for any of the following:
- The Content, security, operation, use, accuracy or completeness of any such Third Party Sites or the products or services that may be offered or obtained through them, or the accuracy, completeness or reliability of any information obtained from Third Party Content or a Third Party Site;
- The ownership or right of use of any licensor of any software provided through any Third Party Site or of any Third Party Content;
- Any failure or problem that affects the products or services of a Third Party Site or Third Party Content.
- In addition to what is said elsewhere in these Terms, you agree to indemnify and hold harmless us, our officers, employees, representatives and affiliates, and our business partners, their officers, employees, representatives and affiliates from and against any and all direct, indirect, incidental, special, punitive or consequential losses, claims, liabilities, damages, losses, fines, penalties and expenses (including, but not limited to, legal and other professional fees) arising from or in any way related to:
- Your use of the Valueneurs™ Platform;
- Your breach of these Terms or applicable law;
- Your negligence or wilful misconduct; or
- Your violation of any third party’s rights, including without limitation, any Intellectual Property rights.
- The Valueneurs™ Platform is provided on an “as is” and “as available” basis and with all faults.
- Unless specified in writing, we make no representations or warranties of any kind, express or implied, as to the operation of the Valueneurs™ Platform, or the Coaching Services or other Data included on or otherwise made available to you through the Valueneurs™ Platform.
- To the extent permissible by applicable law, we disclaim all warranties, express and implied, including, but not limited to:
- Warranties of merchantability (i.e. that the Coaching Services are reasonably fit for the ordinary purpose for which such services are rendered) or fitness for a particular purpose;
- Warranties that the Valueneurs™ Platform or any Third-Party Site will be error free, uninterrupted, free from spyware, malware, adware, viruses, worms, or other malicious code, or will function to meet your requirements.
18. LIMITATION OF LIABILITY
- We are not and shall not be liable to you for any harm or prejudice whatsoever arising out of or in connection with:
- These Terms;
- The Valueneurs™ Platform;
- The Coaching Services;
- Any opinion, advice, recommendation, information or any other information received from a Mentor Coach;
- Someone finding out what your password is;
- Another person using your Account;
- Any defect, fault, malfunction and/or delay in your Device hardware and/or software;
- Any technical or other problem (interruption, malfunction, downtime or other failure) that affects the Valueneurs™ Platform, Coaching Services, a third-party system or any part of any Database for any reason;
- Your use of the Valueneurs™ Platform;
- Any personal information or other Data that is directly or indirectly lost or damaged because of technical problems, power failures, unlawful acts (such as Data theft), any harmful software or virus, or your own negligence;
- Any event that we have no control over, such as your network’s coverage or availability or your Device’s capability or capacity.
- This clause does not exclude or limit any liability which, by law, is not capable of exclusion or limitation.
- Our maximum liability in respect of any liability proven against us limited to the fees you actually paid for access to the Valueneurs™ Platform.
- This clause shall apply even if the agreement is cancelled by you or by us, or if it naturally expires, or for any other reason.
19. RIGHTS OF THE APPLE APP STORE OR GOOGLE PLAY STORE
- Applicable when the Mobile App is available
- You acknowledge and agree that:
- These Terms are entered into between you and us. Since the App is made available through the App Store and Google Play, the App Store and Google Play are third parties under these Terms and will also have the right to enforce these Terms against you;
- To the maximum extent allowed by law, the App Store and Google Play do not give or enter into any warranty, condition or other term in relation to the Valueneurs™ App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the App or as a result of you or anyone else using the App or relying on any of its Content;
- Any claims relating to the licence to the Valueneurs™ App, possession or use of the App are between you and us (and not between you, or anyone else, and the App Store or Google Play), including but not limited to any liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement and claims under consumer protection legislation; and
- If any claim by a third party that your possession or use (in line with these Terms) of the Valueneurs™ App infringes any Intellectual Property rights, the App Store or Google Play will not be liable to you in relation to that claim.
20. TERMINATION AND SUSPENSION
- If you wish to deregister from using the Valueneurs™ Platform before the twelve-month period referred to paragraph 4 has expired, you must give us at least 20 business days’ notice in writing of your intention to deregister.
- If you choose to deregister before the expiry of the said twelve-month period you agree that we may charge you a reasonable cancellation penalty, which penalty shall be equal to three months’ subscription fees.
- We may immediately terminate or suspend your use of the Valueneurs™ Platform at any time without notice. This may include, without limitation, if:
- We suspect fraud or illegal, unauthorised or improper conduct;
- We suspect that we are exposed to any risk through your use of the Valueneurs™ Platform;
- We are required by law to do so or so ordered to do so by a competent court;
- We suspect that your Device, SIM card or your password is being used, has been used or is likely to be used in an unlawful or unauthorised manner;
- We suspect that you are attempting to compromise or interfere with our systems; or
- We suspect that your use of the Valueneurs™ Platform violates any of these Terms or is in contravention of any applicable law or regulations.
- Where we terminate your use of the Valueneurs™ Platform, all rights granted to you in respect of the Valueneurs™ Platform will cease immediately, save as specifically set out herein.
- We may vary these Terms at any time without notice to you.
- All variations to these Terms shall take effect upon posting of the Terms on our website.
- It is your responsibility to regularly review these Terms and ensure you are up to date with the content thereof.
- We will not be liable for any damage caused to you or any third party as a result of your failure, neglect or refusal to ensure that you are up to date with the latest version of these Terms.
- Your continued use of the Valueneurs™ Platform will be deemed an acceptance of the updated Terms.
22. INTELLECTUAL PROPERTY
- All Intellectual Property rights used in connection with the Valueneurs™ Platform or contained in documents (in electronic form or otherwise) relating to the Valueneurs™ Platform belong to us and/or our licensors (and licensees).
- You do not have any Intellectual Property rights in the Valueneurs™ Platform, or in any improvements or variations that may be made to it.
- We grant you a non-assignable, non-sub-licensable, non-transferable, non-exclusive licence to use the Valueneurs™ Platform, which may include updates and/or upgrades, only for purposes outlined in these Terms and for no other purposes.
- We will from time to time update these Terms. It is your responsibility to ensure that you are familiar with the current Terms, as your continued use of the Valueneurs™ Platform will indicate that you agree to those terms.
- The Valueneurs™ Platform is licenced to you only and you will not grant any rights of use or any other rights in respect of the Platform or App or any Intellectual Property Rights in it to any other person.
- You may not copy, adapt, modify, alter, de-compile, reverse engineer, attempt to derive the source code of or create derivative works of, or otherwise attempt to reproduce the Valueneurs™ Platform, its Contents, including any Intellectual Property therein, its design, any updates to the App and/or any proprietary features in relation to it, or any parts thereof. This prohibition extends to any and all Third Party Sites and Content that is found on the App and/or any Content featured on the Third Party Sites which are accessed through links that are found on the Platform.
- You acknowledge that you will not:
- In any way represent that you have any rights of any nature in any current and future Intellectual Property belonging to us and/or any third parties featured on the App;
- Apply for or obtain registration of our current and future Intellectual Property which may be confusingly similar thereto in any country;
- Challenge our rights to our current and future Intellectual Property in any country;
- Do, or omit to do, or cause to be done any act or thing which would be expected to weaken, damage, be detrimental to or in any way impair or tend to impair our current and future Intellectual Property or the reputation and goodwill associated therewith or with us and/or any third party featured on the Platform, or which would be expected to jeopardise or invalidate any registration of our current and future Intellectual Property;
- Use, register or attempt to register as trade names, corporate names, business names, logos, domain names, meta-tags, meta descriptors, e-mail addresses, server names, or search-engine markers anything that is identical to, contained in whole or in part, or is otherwise confusingly similar to our current and future Intellectual Property in any country;
- Establish a hyperlink, frame, metatag, similar reference, whether electronically or otherwise, or any other reference to the App without our prior written consent.
- You indemnify us against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by us as are result of any third-party claims initiated and/or instituted against us relating to your unauthorised use of the Valueneurs™ Platform, the Content thereon and/or any other Intellectual Property rights flowing from them.
- Nothing contained in these Terms shall be construed as granting by implication or otherwise, any license or right to use any Intellectual Property without the written permission of Valueneurs™ or such party that may own the relevant Intellectual Property.
- Any breach under this clause entitles us, in addition to our normal common law remedies, to take legal action without prior notice to you and you agree to reimburse the costs associated with such legal action to us on an attorney and own client scale.
23. ADDRESS FOR NOTICES AND LEGAL PROCEEDINGS
- We choose our registered address at 155 Vasco Boulevard, Goodwood, Western Cape, 7460 as the address where any legal document or notice must be served or delivered to us.
- We may send any other written communication to your email address or through the Valueneurs™ Platform.
- We will regard a communication sent by email to be received by you the day after it was sent.
24. HOW TO CONTACT US
- If you have any queries or complaints about the Valueneurs™ Platform you may visit our website or by emailing firstname.lastname@example.org.
- Account refers to the arrangement whereby we give you personalised access to the Valueneurs™ Platform by entering your username and password;
- Agreement means the Agreement between you and us which is comprised of these Terms and Conditions;
- Check-In Session (also Session) refers to a 30-minute long interaction between a User and Mentor Coach on a communication platform agreed upon between the User and Mentor Coach;
- Coaching Services refers to any coaching, mentoring, information, advice or any other input, benefit or service rendered by you to a User;
- Content (refer to Data);
- Data (also Content) means electronic representations of information in any form;
- Device means the smartphone, tablet, computer or device with similar functionality you use to access the Valueneurs™ Platform
- Intellectual Property means all inventions, specifications, patents, designs, trademarks, service marks, trade names and all goodwill associated with such inventions, patents, designs, trademarks, service marks, trade names; copyright, including all copyright in any logos, devices, designs, multimedia works and computer software programs (in both source and object code form, and including any programmers’ or developers’ notes, flow charts, memoranda and design documents); rights protecting goodwill and reputation; proprietary material, know-how, ideas, concepts, trade secrets, methods, techniques, graphics; schematics; marketing; sales and user Data; domain names and URLs; Databases and rights in Databases, confidential information and all other Intellectual Property rights and rights of a similar character whether registered or capable of registration, rights in the nature of any of the aforesaid items whether registered or unregistered in any country or jurisdiction and all applications and rights to apply for protection of any of the same worldwide;
- Mentor Coach is You¸ i.e. those individuals providing Users with Coaching Services via the Valueneurs™ Platform;
- Terms means these Terms and Conditions which constitute the Agreement between us;
- Third Party Content or Site/s means any website or Content that belongs to a third party that is either featured on the Valueneurs™ Platform or is linked to the Valueneurs™ Platform;
- Us (refer to Valueneurs™);
- User is the individual to whom a Mentor Coach is providing Coaching Services;
- Valueneurs™ (also We, Us) refers to Valueneurs™ (Pty) Ltd, a private company with limited liability, duly registered in accordance with the company laws of the Republic of South Africa, with registration number 2012/134614/07 and with its registered address at 155 Vasco Boulevard, Goodwood, Western Cape;
- Valueneurs™ App refers to the application owned and endorsed by Valueneurs™ and downloaded from the Apple App Store or Google Play Store which is used to access the Valueneurs™ Platform through a Device;
- Valueneurs™ Platform means the electronic platform accessed via your device which Platform is designed to connect and facilitate communication between Users and Mentor Coaches who assist Users in achieving their short term personal and business goals more effectively, while developing Users’ ability to more effectively deal with problems when they arise;
- We (refer to Valueneurs™);