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Terms and Conditions
Please review these Terms and Conditions carefully as they contain important information about your legal rights and obligations. By accessing or using Witmeup Solutions at any of our domain or application, you agree to comply with and be bound by these Terms and Conditions.
Date: June 30, 2018
When these Terms mention “WitMeUp,” “we,” “us,” or “our,” it refers to the WitMeUp company you are contracting with.
Your contracting entity is:
Name: Witmeup Online Mentoring Ltd.
Address: HU 1158 Budapest 11-18 Kesmark str.
Company registration: 13 09 125590
Contact: witmeup@witmeup.com
Any and all payment processing services through or in connection with your use of the WitMeUp Solutions ("Payment Services") are provided to you by one or more WitMeUp Payments entities.
Mentors alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Mentor Services. Mentor are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Mentor Services they offer. Certain types of Mentor Services may be prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Listing(s) and Mentor Service(s) on WitMeUp, you should always seek legal guidance.
List of topics
- Witmeup Services
- Using the WitMeUp Solutions, User Verification
- Modification of these Terms
- User registration and profile/account
- Content of WitMeUp
- Fees
- Terms and conditions specific for Mentors
- Terms and conditions specific for Clients
- Mentoring Modifications, Cancellations and Refunds, Resolution Center
- Ratings and Reviews
- Currency, rounding off
- Tax aspect
- Prohibited Activities
- Term and Termination, Suspension and other Measures
- Renunciation
- Responsibility
- Compensation
- Dispute Resolution
- Feedback
- Applicable Law and Jurisdiction
- General clauses
- Data transmission declaration
- Witmeup Operation model
1. Witmeup services
1.1 The WitMeUp Solutions is an online marketplace that enables registered “Mentors” to publish such Mentor Services on the WitMeUp Solutions (“Listings”) and to communicate and transact directly with Users that are seeking to request such Mentor Services (Users using Mentor Services are “Clients”). Mentor Services may include the offering for use of mentoring university application process and related topics ("Mentoring or Mentor Services").
1.2 As the provider of the WitMeUp Solutions, WitMeUp is not supply any Listings or Mentor Services. Mentors alone are responsible for their Listings and Mentor Services. When Users make or accept a mentoring, they are entering into a contract directly with each other.
1.3 While we may help facilitate the resolution of disputes, WitMeUp has no legal control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Mentor Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other User Content (as defined below), or (iii) the performance or conduct of any User or third party. WitMeUp does not endorse any User, Listing or Mentor Services. Any references to a User being "verified" (or similar language) only indicate that the User has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by WitMeUp about any User, including of the User's identity or background or whether the User is trustworthy, safe or suitable. You should always exercise due diligence and care when use Mentor Services, accept a mentoring request from a Client, or communicate and interact with other Users, whether online or in person.
1.4 If you choose to use the WitMeUp Solutions as a Mentor your relationship with WitMeUp is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of WitMeUp for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of WitMeUp. WitMeUp does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Mentor Services. You acknowledge and agree that you have complete discretion whether to list Mentor Services or otherwise engage in other business or employment activities.
1.5 To promote the WitMeUp Solutions and to increase the exposure of Listings to potential Clients, Listings and other User Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Users who speak different languages, Listings and other User Content may be translated, in whole or in part, into other languages. WitMeUp cannot guarantee the accuracy or quality of such translations and Users are responsible for reviewing and verifying the accuracy of such translations. The WitMeUp Solutions may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The WitMeUp Solutions may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. WitMeUp is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by WitMeUp of such Third-Party Services.
1.7 Due to the nature of the Internet, WitMeUp cannot guarantee the continuous and uninterrupted availability and accessibility of the WitMeUp Solutions. WitMeUp may restrict the availability of the WitMeUp Solutions or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the WitMeUp Solutions. WitMeUp may improve, enhance and modify the WitMeUp Solutions and introduce new WitMeUp Services from time to time.
1.8 Other users of WitMeUp Services could be:
1.8.1 Brand Ambassadors (BAs): BAs are specific Mentor users at one University. BA is an emphasized person from a University Mentor community. BA roles and responsibilities are fixed in a separated legal agremment between them and WitMeUp Solutions.
1.8.2 Parents: Those users who are parents or other familiy members of a university applicants who are looking for Mentor Services. They have limited opportunities at WitMeUp Solutions as in this position they can just browse it and send a proposal of WitMeUp Service Usage to their relative.
1.8.3. Highschool Teachers: Those users who are teachers of a university applicants who are looking for Mentor Services. They have limited opportunities at WitMeUp Solutions as in this position they can just browse it and send a proposal of WitMeUp Service Usage to their highschool students.
1.8.4. University Reprensentatives: University representative is a specialized user character of WitMeUp Services. They are official representative of Universities in Listing where Mentors provide Mentor Services. On WitMeUp Solution there are special dedicated University pages with very limted and standard information about Universities. University Representatives has got right to upload more personalized and detailed information about their institution. They can act and do this based on a separated legal contract signed by University and WitMeUp Solutions.
2. Using the WitMeUp Solutions, User Verification
2.1 As Mentor you must be at least 18 years old and able to enter into legally binding contracts to access and use the WitMeUp Solutions or register an WitMeUp Account. By accessing or using the WitMeUp Solutions you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users, (ii) screen Users against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a User, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.3 The access to or use of certain areas and features of the WitMeUp Solutions may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the WitMeUp Solutions, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
3. Modification of these Terms
WitMeUp reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the WitMeUp Solutions and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least ten (10) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the WitMeUp Solutions will constitute acceptance of the revised Terms.
4. User registration and profile/account
4.1 You must register an account ("WitMeUp Account") to access and use certain features of the WitMeUp Solutions, such as publishing or mentoring a Listing.
4.2 You can register a WitMeUp Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facerequest or Google ("SNS Account"). You have the ability to disable the connection between your WitMeUp Account and your SNS Account at any time, by accessing the "Profile data" section of the WitMeUp Solutions.
4.3 You must provide accurate, current and complete information during the registration process and keep your WitMeUp Account and public WitMeUp Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) WitMeUp Account unless WitMeUp authorizes you to do so. You may not assign or otherwise transfer your WitMeUp Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your WitMeUp Account credentials and may not disclose your credentials to any third party. You must immediately notify WitMeUp if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your WitMeUp Account. You are liable for any and all activities conducted through your WitMeUp Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 WitMeUp may enable features that allow you to authorize other Users or certain third parties to take certain actions that affect your WitMeUp Account. For example, we may allow eligible Users or certain third parties to request Listings on behalf of other Users, to help manage their Listings. No third party is authorized by WitMeUp to ask for your credentials, and you shall not request the credentials of another User.
5. Content of WitMeUp
5.1 WitMeUp may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the WitMeUp Solutions ("User Content"); and (ii) access and view User Content and any content that WitMeUp itself makes available on or through the WitMeUp Solutions, including proprietary WitMeUp content and any content licensed or authorized for use by or through WitMeUp from a third party ("WitMeUp Content" and together with User Content, "Collective Content").
5.2 The WitMeUp Solutions, WitMeUp Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the WitMeUp Solutions and WitMeUp Content, including all associated intellectual property rights, are the exclusive property of WitMeUp and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the WitMeUp Solutions, WitMeUp Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of WitMeUp used on or in connection with the WitMeUp Solutions and WitMeUp Content are trademarks or registered trademarks of WitMeUp in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the WitMeUp Solutions, WitMeUp Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the WitMeUp Solutions or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by WitMeUp or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, WitMeUp grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the WitMeUp Solutions and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the WitMeUp Solutions, you grant to WitMeUp a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the WitMeUp Solutions, in any media or Solutions. Unless you provide specific consent, WitMeUp does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.
5.6 You are solely responsible for all User Content that you make available on or through the WitMeUp Solutions. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the WitMeUp Solutions or you have all rights, licenses, consents and releases that are necessary to grant to WitMeUp the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or WitMeUp's use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.7 You will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates WitMeUp’s Content Policy or any other WitMeUp policy. WitMeUp may, without prior notice, remove or disable access to any User Content that WitMeUp finds to be in violation of these Terms or WitMeUp’s then-current Policies or Standards, or otherwise may be harmful or objectionable to WitMeUp, its Users, third parties, or property.
5.8 WitMeUp respects copyright law and expects its Users to do the same. If you believe that any content on the WitMeUp Solutions infringes copyrights you own, please notify us in accordance with our Copyright Policy.
6. Fees
6.1 Browsing acces of WitMeUp Services site and applications are free of charge for all User. Nevertheless WitMeUp has opportunity to ask specific user registration in order to have accessibility of some services.
6.2. WitMeUp Services including establishment of relationships between Clients and Mentors. For this action we may ask Users to have a special Contact Ticket tool. Contact Ticket is an item what Users have to purchase or they have to fullfill some WitMeup offered request and procedure to get it free of charge. We reserve the right all the time to set and change at any direction those Contact Tickets purchase price according to WitMeUp Solutions interest. Contact tickets (both purchased or free) transactions are booked direct at user profile account.
6.3 Mentors provide Mentoring Service to Clients for price on Listing.( Mentor Service Fees) Its terms are settled in point 7.
6.4. Mentor Service Fees are including specific comission for
7. Terms and conditions specific for Mentors
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the WitMeUp Solutions you must (i) provide complete and accurate information about your Mentor Service (such as listing description, definition, and pricing ), and (iii) provide any other pertinent information requested by WitMeUp. You are responsible for keeping your Listing and pricing information (including availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or other charges you may count) for your Service and Listing (“Mentor Service Fee”). Once a Client requests a mentoring of your Listing and Service, you may not request that the Client pays a higher price than in the mentoring request.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
7.1.4 The placement and ranking of Listings in search results on the WitMeUp Solutions may vary and depend on a variety of factors, such as Client search parameters and preferences, Mentor requirements, price and availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Mentor Service.
7.1.5 When you accept or have pre-approved a contracting request by a Client, you are entering into a legally binding agreement with the Client and are required to provide your Mentor Service(s) to the Client as described in your Listing when the mentoring request is made. You also agree to pay the applicable Mentor Fee and any applicable Taxes.
7.2 Listing Mentoring
7.2.1 Unless expressly allowed by WitMeUp, you may not list more than one Mentor Service per Listing.
7.2.2 Mentoring services are set by WitMeUp at WitMeUp Solutions, Mentors can price their services onl yin this structure. You are not allowed to use other pricing item out of WitMeUp Solution.
7.2.3 You must specify your Cancellation rules in your Listing. Mentors are not allowed to change Cancellation rules after a mentoring has been contracted with Client or outside of the WitMeUp Solutions.
7.2.4 You represent and warrant that any Listing you post and the mentoring of. (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Mentor, you are responsible for your own acts and omissions.
7.2.5 You as Mentor will be charged by WitMeUp comission. This comission is an agreement between Mentors and WitMeUp and based on value of succesfull Mentoring Service Fee income. WitMeUp will deduct value of comission from amount paid by Clients.
7.2.6. Rate of comission is announced for Mentors quaterly and it is alterable at any time by giving you thirty (30) days' notice.
8. Terms and conditions specific for Clients
8.1 Terms applicable to all mentorings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by WitMeUp and/or the Mentor, you can request a Listing available on the WitMeUp Solutions by following the respective mentoring process. All applicable fees, including the Contact Ticket Fee, Client Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to mentoring - on Listing. You agree to pay the Total Fees for any mentoring requested in connection with your WitMeUp Account.
8.1.2 Upon receipt of a mentoring confirmation from WitMeUp Mentor, a legally binding agreement is formed between you and your Mentor, subject to any additional terms and conditions of the Mentor that apply, including in particular the applicable cancellation rules and restrictions specified in the Listing. WitMeUp Payments will collect the Total Fees at the time of the mentoring request. 8.2 Mentoring and other Mentor Services You should carefully review the description of any Mentor Service you intend to request to ensure you which one the Mentor has specified in their Listing. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in Mentor Service.
9. Mentoring Modifications, Cancellations and Refunds, Resolution Center
9.1 Mentors and Clients are responsible for any modifications to a mentoring that they make via the WitMeUp Solutions or direct WitMeUp customer service to make ("Mentoring Modifications"), and agree to pay any additional Listing Fees, Mentor Fees or Client Fees and/or Taxes associated with such Mentoring Modifications.
9.2 Clients can cancel a confirmed mentoring at any time pursuant to the Mentor Listing’s cancellation policy, and WitMeUp Payments will refund the amount of the Total Fees due to the Client in accordance with such cancellation policy.
9.3 If a Mentor cancels a confirmed mentoring, the Client will receive a full refund of the Total Fees for such mentoring. In some instances.
10. Ratings and Reviews
10.1 Within a certain timeframe after completing a mentoring, Clients and Mentors can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Users and do not reflect the opinion of WitMeUp. Ratings and Reviews are not verified by WitMeUp for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Clients and Mentors must be accurate and may not contain any offensive or defamatory language.
10.3 Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another User.
10.4 Ratings and Reviews are part of a User’s public profile and may also be surfaced elsewhere on the WitMeUp Solutions (such as the Listing page) together with other relevant information such as number of mentorings, number of cancellations, average response time and other information.
11. Currency, rounding off
WitMeUp generally supports payment amounts that are payable from or to Clients or Mentors to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where WitMeUp’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, WitMeUp may, in its sole discretion, round up or round down amounts that are payable from or to Clients or Mentors to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, WitMeUp may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.
12. Tax aspect
12.1 As a Mentor you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").
12.2 Tax regulations may require us to collect appropriate Tax information from Mentors, or to withhold Taxes from payouts to Mentors, or both. If a Mentor fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
13. Prohibited Activities
13.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the WitMeUp Solutions. In connection with your use of the WitMeUp Solutions, you will not and will not assist or enable others to:
• breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
• use the WitMeUp Solutions for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies WitMeUp endorsement, partnership or otherwise misleads others as to your affiliation with WitMeUp;
• copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the WitMeUp Solutions in any way that is inconsistent with WitMeUp’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties;
• use the WitMeUp Solutions in connection with the distribution of unsolicited commercial messages ("spam");
• offer, as a Mentor, any mentor Service that you do not yourself through the WitMeUp Solutions;
• unless WitMeUp explicitly permits otherwise, request any Listing if you will not actually be using the Mentor Services yourself;
• contact another User for any purpose other than asking a question related to a your own mentoring, Listing, or the User's use of the WitMeUp Solutions, including, but not limited to, recruiting or otherwise soliciting any User to join third-party services, applications or websites, without our prior written approval;
• use the WitMeUp Solutions to request, make or accept a mentoring independent of the WitMeUp Solutions, to circumvent any Service Fees or for any other reason;
• request, accept or make any payment for Listing Fees outside of the WitMeUp Solutions or WitMeUp Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold WitMeUp harmless from any liability for such payment;
• discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
• misuse or abuse any Listings or services associated with the WitMeUp program as determined by WitMeUp in its sole discretion.
• use, display, mirror or frame the WitMeUp Solutions or any individual element within the WitMeUp Solutions, WitMeUp's name, any WitMeUp trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the WitMeUp Solutions, without WitMeUp's express written consent;
• dilute, tarnish or otherwise harm the WitMeUp brand in any way, including through unauthorized use, registering and/or using WitMeUp or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to WitMeUp domains, trademarks, taglines, promotional campaigns or Collective Content;
• use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the WitMeUp Solutions for any purpose;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by WitMeUp or any of WitMeUp's providers or any other third party to protect the WitMeUp Solutions;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the WitMeUp Solutions;
• take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the WitMeUp Solutions;
• violate or infringe anyone else’s rights or otherwise cause harm to anyone.
13.2 You acknowledge that WitMeUp has no obligation to monitor the access to or use of the WitMeUp Solutions by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure and improve the WitMeUp Solutions (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist WitMeUp in good faith, and to provide WitMeUp with such information and take such actions as may be reasonably requested by WitMeUp with respect to any investigation undertaken by WitMeUp or a representative of WitMeUp regarding the use or abuse of the WitMeUp Solutions.
13.3 If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to WitMeUp by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
14. Term and Termination, Suspension and other Measures
14.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or WitMeUp terminate the Agreement in accordance with this provision.
14.2 You may terminate this Agreement at any time by sending us an email. If you cancel your WitMeUp Account as a Mentor, any confirmed mentoring(s) will be automatically cancelled and your Clients will receive a full refund. If you cancel your WitMeUp Account as a Client, any confirmed mentoring(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
14.3 WitMeUp may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
14.4 WitMeUp may immediately, without notice, terminate this Agreement and/or stop providing access to the WitMeUp Solutions if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) WitMeUp believes in good faith that such action is reasonably necessary to protect the personal safety or property of WitMeUp, its Users, or third parties (for example in the case of fraudulent behavior of a User).
14.5 In addition, WitMeUp may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the WitMeUp Account registration, Listing process or thereafter, (iv) you and/or your Listings or Mentor Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or WitMeUp otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed mentorings or failed to respond to mentoring requests without a valid reason, or (vii) WitMeUp believes in good faith that such action is reasonably necessary to protect the personal safety or property of WitMeUp, its Users, or third parties, or to prevent fraud or other illegal activity:
• refuse to surface, delete or delay any Listings, Ratings, Reviews, or other User Content;
• cancel any pending or confirmed mentorings;
• limit your access to or use of the WitMeUp Solutions;
• temporarily or permanently revoke any special status associated with your WitMeUp Account;
• temporarily or in case of severe or repeated offenses permanently suspend your WitMeUp Account and stop providing access to the WitMeUp Solutions.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by WitMeUp and an opportunity to resolve the issue to WitMeUp's reasonable satisfaction.
14.6 If we take any of the measures described above (i) we may refund your Clients in full for any and all confirmed mentorings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed mentorings that were cancelled.
14.7 When this Agreement has been terminated, you are not entitled to a restoration of your WitMeUp Account or any of your User Content. If your access to or use of the WitMeUp Solutions has been limited or your WitMeUp Account has been suspended or this Agreement has been terminated by us, you may not register a new WitMeUp Account or access and use the WitMeUp Solutions through an WitMeUp Account of another User.
14.8 If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
15. Renunciation
If you choose to use the WitMeUp Solutions you do so voluntarily and at your sole risk. The WitMeUp Solutions is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the WitMeUp Services, laws, rules, or regulations that may be applicable to your Listings and/or Mentor Services you are receiving and that you are not relying upon any statement of law or fact made by WitMeUp relating to a Listing.
16. Responsibility
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the WitMeUp Solutions your publishing or mentoring of any Listing via the WitMeUp Solutions , use of any other Mentor Service, participation in the Group Payment Service, or any other interaction you have with other Users whether in person or online remains with you. Neither WitMeUp nor any other party involved in creating, producing, or delivering the WitMeUp Solutions will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the WitMeUp Solutions, (iii) from any communications, interactions or meetings with other Users or other persons with whom you communicate, interact or meet with as a result of your use of the WitMeUp Solutions, or (iv) from your publishing or mentoring of a Listing, including the provision or use of a Listing’s Mentor Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not WitMeUp has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Mentors pursuant to these Terms or an approved payment request, in no event will WitMeUp’s aggregate liability arising out of or in connection with these Terms and your use of the WitMeUp Solutions including, but not limited to, from your publishing or mentoring of any Listings via the WitMeUp Solutions, or from the use of or inability to use the WitMeUp Solutions and in connection with any Mentor Service or interactions with any other Users, exceed the amounts you have paid or owe for mentorings via the WitMeUp Solutions as a Client in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Mentor, the amounts paid by WitMeUp to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between WitMeUp and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
17. Compensation
You agree to release, defend (at WitMeUp’s option), indemnify, and hold WitMeUp and its affiliates and subsidiaries, including but not limited to, WitMeUp Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the WitMeUp Solutions or any WitMeUp Services, (iii) your interaction with any User, participation in a Mentor Service, (iv) WitMeUp’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.
18. Dispute Resolution
18.1 WitMeUp is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide an informal negotiation directly with WitMeUp’s customer service team,
18.2 Prior to initiating an arbitration, you and WitMeUp each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact WitMeUp’s customer service team by emailing us.
19. Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the WitMeUp Solutions (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the WitMeUp Solutions, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you. You can provide feedback or contact to us here
20. Applicable Law and Jurisdiction
These Terms will be interpreted in accordance with the Hungarian and European Union laws without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) must be brought in Hungary Budapest-Capital Regional Court, unless we both agree to some other location.
21. General clauses
21.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between WitMeUp and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between WitMeUp and you in relation to the access to and use of the WitMeUp Solutions.
21.2 No joint venture, partnership, employment, or agency relationship exists between you and WitMeUp as a result of this Agreement or your use of the WitMeUp Solutions.
21.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
21.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
21.5 WitMeUp’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
21.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without WitMeUp's prior written consent. WitMeUp may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
21.7 Unless specified otherwise, any notices or other communications to Users permitted or required under this Agreement, will be provided electronically and given by WitMeUp via email, WitMeUp Solutions notification. For notices made to Users the date of receipt will be deemed the date on which WitMeUp transmits the notice.
21.8 If you have any questions about these Terms please email us.
22. Data transmission declaration
I acknowledge the following personal data stored in the user account of Witmeup Online Mentoring Ltd. (HU 1158 Budapest 11-18 Kesmark str.) in the user database of www.witmeup.com will be handed over to OTP Mobil Ltd. (1093 Budapest, Közraktár u. -32.) and is trusted as data processor. The data transferred by the data controller are the following:
- Customer's e-mail address
The nature and purpose of the data processing activity performed by the data processor in the SimplePay Privacy Policy can be found at the following link: http://simplepay.hu/vasarlo-aff
Description of the Witmeup Solutions operating model
(Contact & Chatboard)
Description of the Witmeup Solutions operating model
(Contact & Chatboard)
23. Witmeup Solution operation model
Participants in the Witmeup Solutions model:
A. Mentor: university student or individual with the ability to give help in university application
B. Student: Individual in high-school or higher education, wishing to apply to university
C. Parent/Teacher: non-mentor and non-student
D. University
E. Witmeup Admin
Without registration the following Witmeup Solutions model functions are available:
Searching, Information seeking, Content viewing, mentor list visiting, mentor search, mentor profile viewing, mentor profile sharing, university page viewing, registration, message sending to the website, social media following
Without registration the following Witmeup Solutions model functions are definitely not available:
Contact establishing, saving mentors among favorites, co-working with mentors, agreement creating, shopping, paying, complaint sending, invitation link sending, coupon using
The WMU Solutions operating model is explained step by step on the official website.
Highlighted in this section, the description of the WMU Solutions’ main activity is provided, regarding the contact making and co-working between students and mentors.
1) Establishing Contact
a) Only mentors agreeing to provide mentor services are visible on the website. Without a direct contact seeking intention or publicly, other participants (students, teachers, university contact people, parents) are not available. Mentors can be found in the site’s structure, search engine and its advanced search options.
b) Details found on mentor profiles are the following:
(1) Photo, name, age, country of origin, the main field of study
(2) Country and name of the main university where the mentor is studying or has attended
(3) List of universities mentor knows well and can provide mentor service
(4) List of cities in which mentor is providing mentor service, in which case all universities are included in one given city
(5) List of countries in which mentor is providing mentor service, in which case all universities are included in one given country
(6) Introduction, if provided (in case of previously filled out profile)
(7) List of mentor services provided by a mentor (GI, ML, AP and PA) and their prices if included
(8) Refund policy regarding agreement canceling
(9) Profile shows how many students have marked the mentor their favorite
(10) Founder badge was given to mentors who joined the site at the starting point, filled out their profiles and finished all mentor courses
(11) Badge: Trained, Advance or Pro
(12) ID Uploaded or ID Not Uploaded: indicating whether mentor has provided any official proof that he/she is studying at given university
(13) Response time: indicating the measure of time mentor can reply to any contact requests sent by students. Response time is not applicable to other communication details.
(14) Country of origin
(15) Native language
(16) Other languages mentor can communicate
(17) Current studies and their level
(18) Faculties in which mentor is participating
(19) Specialty:
c) Registered student users may contact mentors. To initiate contact the following conditions are required:
(1) all sections of the student profile are filled out,
(2) Both parties have a Contact Ticket, which can be purchased from the site or through various activities can be received for free
d) Contact is established when the student, through clicking on the Contact button, sends a request to the mentor, who then receives an e-mail and a notification from the site. From this moment on the student can see the mentor in their Contacts section under Depend status. The mentor then replies within the previously agreed response time (maximum 120 hours). In order to be able to reply to the contact requests, the mentor also needs to use a Contact Ticket. There are 3 types of mentor response:
i. Request accepted:
e) The student immediately receives a notification and e-mail. A chat window opens automatically, which is a private platform to share files and communicate.
i. Request denied. In case the mentor believes not to be able to help the student with the requested services, they can deny any request.
f) The student gets the Contact Ticket back and cannot contact the mentor for another 6 months.
i. Request denied temporarily. Mentors can decide to temporarily deny the contact request for 48 hours if not having enough time, for example.
g) The student gets the Contact Ticket back and can contact the mentor after 48 hours.
i. If the mentor is not responding to a pending contact request, he continuously receives e-mails and notifications.
h) After 120 hours the system rates it a failed contact request. Apart from contacting the student, the used contact ticket is also sent back.
2) Mentor status:
a) Mentor status can be the following (visible on mentor card): to be developed in January 2019
b) Active: the mentor is available and ready to work
c) Busy: Mentor is not available but has given a time frame for which period does not wish to receive any Contact requests. Visible on site. Students may still try and contact the mentor but it can be left ignored.
d) Inactive: Mentor is not available and cannot be contacted in a given time.
e) Invisible: Mentor cannot be found in the listings and not visible on site at all.
f) Mentors will be put into this status if:
(1) after 5 days of registering to the site they do not upload an acceptable profile photo
(2) they do not include and universities
3) After establishing contact
a) If the mentor has accepted the contact request, a chat board opens for both parties. To begin with, both of them have to set their time zones, and they will be able to see each other’s. The chat is ready to be used afterward. It is important to note that mentors and students can communicate on other platforms (Skype, phone, e-mail, etc), but in case of problematic situations or disagreements, Witmeup can only use the data found on chat board to help in resolving the situation.
b) Without an agreement, chat can only be used for 14 days. If the parties do not draw an agreement within this time frame, the chat window automatically closes. Chat also closes if parties do not communicate at all.
c) During the 14 days parties can discuss all details and information that are needed to draw an Agreement.
4) Proposing agreement
a) Both parties are able to propose an Agreement
b) Student with a Request offer
c) Mentor with a Send offer
d) In case the student proposes an agreement, the following details are needed:
e) Universities in which student requires help (maximum 5 universities). These can only be universities that are available on the mentor’s profile (university, city or country)
f) The mentor services the student requires with the prices set by the mentor. These prices are referred to one university only. If the student marks more than one university, the mentor can multiply their prices accordingly. When only one university is marked, the mentor cannot use a higher price than the one given in their profile.
g) The student has to set a deadline. Without doing so, the Agreement will be automatically set for 270 days.
h) In case the mentor proposes an agreement, the following details are needed:
(1) Universities in which student requires help (maximum 5 universities), based on the previous chat. These can only be universities that are available on the mentor’s profile (university, city or country)
(2) The mentor services the student requires with the prices set by the mentor. These prices are referred to one university only. If the student marks more than one university, the mentor can multiply their prices accordingly. When only one university is marked, the mentor cannot use a higher price than the one given in their profile.
(3) Mentor has to set a deadline. Without doing so, the Agreement will be automatically set for 270 days.
5) Establishing agreement
a) After sending a proposal for an agreement, only the student can establish it by click to the Agree button. The agreement will only become active once the student has paid the full amount for the mentor services via card transaction. Witmeup keeps this amount as a deposit until the agreement is fulfilled or terminated.
b) Both parties will be notified on the student’s payment and after the agreement is established, the mentor services will show up in the Task manager. The student has 24 hours to cancel the entire agreement or parts that do not have any started or finished the task without any consequences.
c) After the agreement is established, apart from the Task manager, file sharing also becomes available via the chat board. Documents and photos can be uploaded and downloaded in the maximum size of 10MB.
6) Completing and closing tasks
a) If a task is finished, both parties can propose to close it. The other party then receives a notification and can decide whether or not the task has been completed entirely. If both parties accept, the task is closed and the money is transferred to the mentor at the end of the agreement.
b) If the other party refuses to close the task, there must be a reason.
c) If the other party does not reply to task closing request, the system automatically sets it as accepted after 48 hours. Both sides can refuse the Task closing request all together maximum twice. After that the Task status changes to Disputed Task and the whole Agreement status change to Disputed Agreement position. In this status Witmeup is not allowed to pay anything either to Mentor or Student until parties cannot find consensus. Here the Mentor and Student can still close the task any time but both Student and Mentor have a right at the same time to bring the subject to her/is arbitration in order to ask a judge of this issue. If either Student or Mentor brings a legally enacting clause in English or Hungarian language Witmeup is obliged to act in accordance with the judgment.
(1) If all tasks are closed, the agreement is considered as fulfilled and the Mentor receives the money previously transferred by the student.
(2) After closing all tasks and fulfilling the agreement, the Student is asked to rate the Mentor and the Witmeup system as well.
(3) All ratings by texts are invisible to third parties, only the mentor and the student can see them. Witmeup can only use them anonymously on its site.
7) Solving problems
a) In case of Disputed Task status the Dispute settlement button appears under Tasks. Both parties can ask Witmeup to start an independent search and give an opinion whether the task can be closed or not.
b) Important to note that
(1) Opinion on the subject costs 50 EUR/ Disputed Task, which shall be paid by the one seeking out Witmeup.
(2) Witmeup can only agree to Dispute settlement in conversations and files shared in English language.
(3) The Dispute Settlement Report offered by Witmeup is an outside opinion only, it is definitely not a decision or order. Parties can decide to accept it or not.
(4) When asked to Dispute settlement, Witmeup downloads the chat log file from its website and compiles the official opinion according to that information. Parties can also download the chat log file for themselves. Witmeup cannot take other documents and forms of communication into consideration that did not take place on the Witmeup website.
8) Cancel
a) Mentors can request to cancel the agreement after 24 hours of its official establishment, while students can request to cancel any time.
b) In case the mentor decides to cancel the agreement, they need to provide a reason. Only those tasks will be paid that are already closed, for the non-closed project parts the mentor’s refund policy is not applicable; the student has to receive the money back.
c) The student can decide to cancel the agreement without providing any reason in 24 hours after establishing the agreement if there are no open tasks. After the 24 hours, the student can only cancel according to the mentor’s refund policy.
d) The student receives the money back to the card it was transferred from without any additional fees. The mentor receives the money to the account provided in the billing information section with the additional fees of Witmeup user fee and transaction fee (4 EUR in total).
9) After using Witmeup
a) Later on, Witmeup sends an e-mail to students applying to universities regarding the final choice of university and a successful application. Students can change their student profiles to mentor profiles to be able to give help the following year.