This Agreement was last modified on February 2nd, 2017.
This Agreement is between Success 4 Business (“S4B”, “us”, “the site” and “we”), and the Mentor (provider). Mentoring Providers are defined as such: Mentor: Providers who will engage with Mentees in providing advice, experience and recommendations. Advertiser: Providers who advertise their services on this site.
You acknowledge that the website located at http://www.success4business.ca (the “Site”) is a copyrighted work belonging to Success 4 Business.
This User Agreement sets forth the legally binding terms for the use of the site and services for Providers. By accessing or using the site or services, you accept this agreement and represent and warrant that you have the right, authority, and capacity to enter into this agreement. You may not access or use the site or services if you are not at least 18 years old. If this is not agreed with all of the provisions of this agreement, do not access and/or use the site or its’ services. We have absolute discretion as to whether or not we accept an application for registration from any Provider and the right to terminate any such registration, as outlined below.
S4B provides an online platform to facilitate transactions for Providers who wish to sign up to provide Mentoring, and/or d) Advertise in the Directory. The Site enables Mentees to identify, book and pay for mentoring services from S4B Mentoring Providers.
We do not control the information provided by Mentees through our system. You may find some Mentees’ information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when communicating with Mentees using this site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using this Site, Providers agree to accept such risks and S4B is not responsible for the acts or omissions of Mentees on the Site.
S4B reserves the right to terminate the registration of any Provider on the Site without reason, including any Provider that S4B determines not to be acting in accordance with the provisions of this User Agreement. Without limiting the foregoing, S4B may terminate the registration of a Provider if deemed to be acting in a manner that may give rise to any form of legal liability for Mentees or S4B, infringing on someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or engaging in any other activity or behaviour that has the potential to adversely impact upon other Mentees, Providers or Success 4 Business.
You acknowledge and agree that the relationship between Providers and S4B is that of independent contractors. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Success 4 Business and any Provider.
Mentees initiating any mentoring opportunities do solely between themselves, S4B and Providers. Once a Mentee has identified and requested a Provider on the Site and the Provider has agreed to deliver services at the current value, the Provider agrees to deliver the Services in accordance with this User Agreement and the agreement provided by the Provider.
When a Mentee requests Mentoring Services with you, and you confirm the acceptance of those Services, a legally binding contract between both parties is created. Mentees are responsible for ensuring that they comply with obligations to you, the Provider. If they do not comply with these obligations as confirmed in the Booking Confirmation Agreement Terms, they may become liable to you, the Provider and you may wish to cancel your contract if the Mentee refuses to cooperate with you and any agreements in place at the time.
When a Mentee confirms payment or a service, and a Provider confirms these Services with S4B, a legally binding contract between both Mentee and the Provider is created. You are responsible for ensuring that you comply with your obligations to the Mentee. If you do not comply with your obligations, you may become liable to that Mentee.
If a Mentee breaches any obligation to a Provider, Providers are solely responsible for enforcing any rights that they may have. For the avoidance of doubt, Success 4 Business has no responsibility for enforcing any Providers’ rights.
Because user identification on the Internet is difficult, we cannot and do not confirm each Mentee’s purported identity. Any violation of the terms of this Agreement by other Members or Consumers shall be reported by any Provider.
E-mails and information sent after payment and during sessions regarding to services between Consumers and Providers are not readily accessible to S4B or the general public and will be treated as private by S4B to the extent permitted by applicable law.
S4B has the explicit right to temporarily suspend or permanently de-activate the Membership of any S4B Provider. This includes any Mentor Member who fails to reply to Success 4 Business within 2-3 business days regarding booking accessibility or be available for predetermined meetings agreed upon between the Mentee and the Mentor.
In addition, S4B Providers may not actively contact Mentees outside of S4B after a service has been rendered in order to gain additional business on various programs, topics or courses that they offer, unless authorized by the Mentee. If S4B discovers that a particular S4B Provider is contacting S4B clients for this reason, S4B reserves the right to permanently remove said S4B Provider from the S4B website and to terminate the relationship.
Providers consent to S4B utilizing their biography, headshot and video material in any ads or promotionals in order to promote the platform. S4B may contact them via the contact information supplied in the sign-up application as part of delivering the Services outlined in this User Agreement. S4B will occasionally send out information to keep Providers and Mentees up to date on new information and services provided by S4B. By using this service you consent to S4B adding their email address to their network contact list. Providers can be taken off of this list by simply unsubscribing.
All content pertaining to the S4B Mentoring program, are the proprietary property of Success 4 Business. No Website Content or documents supplied may be modified, copied, distributed, reproduced, republished, or sold in any form without our prior written permission. Subject to these Terms and Conditions, you are granted a limited license to access and use the Website and the Content supplied solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.
“Success 4 Business” is a legal trademark. Our trademark may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All design graphics, website pages and ads are solely the possession of Success 4 Business and may not be altered, copied or changed in any way.
Success 4 Business will provide a user agreement between the Mentee and Mentor, and afterwards, each Mentor is responsible to execute a customized, successful and concise program with which to help the Mentee succeed in their goals.
You agree to the following:
Any disputes regarding arrangements between Providers and Mentees remain solely between Providers and Mentees. We will not be a participant or be involved in the negotiations, mediation, arbitration or dispute resolution process between a Provider and any other Mentee / Provider of S4B. You acknowledge and agree that S4B will not be a party to any such dispute.
If you have a dispute with any Mentee or Provider, you hereby release S4B from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is or may be related to such dispute.
If a Provider requests to cancel a current Mentee package that they have been asked to participate in at any time, the Provider will not receive any commission fees from S4B.
If a Mentee requests to cancel or change Mentors, the Provider will only receive commission payments from sessions that have been completed.
To become a Provider on the Site, a sign up registration form must be filled out. The Provider agrees to provide true, accurate and complete information requested and to update this information to maintain its truthfulness, accuracy and completeness within seven days of any changes.
S4B requires Providers wishing to Advertise to make all payments for Services directly to S4B by using the payment gateway provided on the Site, All amounts are stated in and will be made in Canadian dollars. S4B reserves the right to suspend a payment if the source of the funds is suspected to be fraudulent. S4B will not be liable for any lost interest on such suspended funds.
S4B requires Mentees to make all payments for Services directly to S4B using the payment gateway provided on the Site. You understand and agree that S4B will hold funds paid by Mentees until the agreed upon services by the Provider has been rendered, or will be paid out every three months. S4B will remain contractually obligated to make payments to Providers for Services confirmed, paid for by either using the S4B Site payment gateway or by cheque and subsequently delivered in accordance with the applicable Booking Agreement. To the extent S4B is obligated to make payment to the Provider, Providers will be an unsecured creditor of S4B.
Providers are required to pay an annual fee in order to be included, acknowledged and advertised on the S4B Mentoring platform. In the instance of the Provider representing government or not for profit body, then commissions and fees may be negotiated. Commissions are paid out at the end of every 3 months or after every single brainstorming session package, for the commission fee agreed upon, minus any PayPal fees (reduced if you accept transfers to your own PayPal account).
S4B reserves the right to oversee all fees, payments and commissions in regards to utilizing this site, including the opportunity to correct any billing errors discovered and will contact those affected.
You acknowledge that: (a) S4B does not act as a trustee or fiduciary with respect to such funds or payments, but acts only as an agent; and (b) amounts paid using the payment gateway on the Site are not insured or guaranteed deposits. However, Paypal, which is the form of payment permitted on the Site, may offer limited protection or chargeback services in the event agreed upon services are not met. You appoint S4B as your agent to hold and to transfer such funds to you for Services, subject to these terms and conditions.
Advertising Providers and Mentees are responsible for paying all taxes, including Goods and Services Tax (GST), which will be applicable at the time of your registration request. All fees paid out by S4B are subject to a 5% GST charge.
You are strictly prohibited from attempting to negotiate a different fee for Services with a Mentee directly after they have registered for Services on the Site.
We will not tolerate any fee avoidance or underbidding on the Site and will pursue any Providers attempting to circumvent or change our Fee to the fullest extent of the law. Providers suspected of attempting to avoid fees will also have their Account on the Site suspended until the matter is resolved.
Providers may provide their contact details to registered Consumers for their services at their own discretion.
You are solely responsible for the content and information you publish, display and otherwise communicate in any manner to S4B via the web site, or transmit to other Providers or Mentees. Although the information provided on this Site is thought to be correct when communicated, there is no obligation on S4B to update this information or advise on further changes. There may be misprints or other errors on this Site, and it is up to the Provider to proof and contact S4B with any issues.
You will not link or transmit any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity) on the Site. Furthermore you will not take actions to promote the physical harm or harassment of another person, engage in or promote spamming, provide information that you know is illegal, false or misleading, or designed to exploit those under 18 or otherwise provide instructional information about illegal activities such as making or buying illegal weapons, violating someone else’s right to privacy or providing or creating computer viruses.
By submitting content to S4B (including, but not limited to creating your Account, posting a profile, posting a video or still pictures, posting a service), you hereby grant a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license to S4B to use and display your content.
Upon completion of service, Mentees may be provided an evaluation form to submit to S4B. By using the Site, Providers acknowledge that they transfer copyright of the evaluations and comments provided to S4B. It is to be acknowledged that such evaluations and comments belong solely to us, notwithstanding that we permit the Provider to use such evaluations and comments on Site while you remain a Registered Provider. It is to the discretion of S4B to share these evaluations with the Provider if deemed necessary and S4B reserves the right to terminate any affiliation or membership to the said Provider based on these reviews, without any liability.
These reviews are not to be used in order to threaten, harass, blackmail, or extort money from Consumers. If S4B concludes that a review has been used by a Provider to threaten, harass, blackmail, or extort money from Consumers, S4B shall have the right, but not the obligation, to temporarily suspend or permanently prevent said Provider from utilizing the S4B website or contact S4B Providers.
Providers may not do (or omit to do) anything that may undermine the integrity of any S4B evaluations and comments system in place.
Some of the content provided on the Site may be of a subjective nature such as Mentee testimonials relating to the Services delivered by a Provider. This information may be published, and is collated solely for the benefit of marketing the site, and to provide feedback to the Providers.
If a Mentee has an extremely poor review, and it has been made clear that the agreement between the Provider and Mentee has not been fulfilled, Success 4 Business reserves the right to hold back any commissions until cleared up and the Provider may be permanently removed from the site – depending on the issue, and how hard the Provider has worked to resolve it.
You agree that – (a) there will not be any unsolicited commercial messages (‘spam’) distributed through your media network; and (b) you will not engage in personal attacks, unfair criticism or other forms of discourteous and unprofessional online conduct or practices.
You are prohibited from advertising any indirect third party website on the Site. Any URL posted inside any given information describing your services must relate to the services advertised on S4B. An example of a permissible URL would be a Provider’s personal website page.
In the event of termination, Providers will have no claim whatsoever against S4B in respect of any such suspension or termination of membership.
In no event shall Success 4 Business, its affiliates or staff be liable, whether in contract, warranty, or any other form of liability, for (a) any indirect, special, incidental or consequential damages that may be incurred by the Provider; (b) any loss of income, business or profits (whether direct or indirect) that may be incurred by the Provider; (c) any claim, damage, or loss which may be incurred by the Provider as a result of any of any transactions involving the Site or (d) disappearance of property items or information.
In the event out of necessity due to acts of terrorism, war, disease, public emergency, or any other factor beyond the control of S4B, for the Website to be postponed, abandoned or altered in any way in whole or in part, S4B shall not be liable for any expenditure, loss or damage incurred resultant upon such change.
You agree to indemnify and hold S4B and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, contractors and employees harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees (which may be on a solicitor-and-client basis), made by any third party due to or arising out of your breach of this User Agreement or your violation of any law or the rights of a third party.
Any dispute arising out of or in connection with this User Agreement shall be governed by the laws of the Province of Alberta, Canada. Providers and S4B irrevocably submit to the non-exclusive jurisdiction of the courts of Alberta, Canada.
In this Agreement any reference to the singular, will thus include references to the plural and vice versa.
The provisions of this User Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will remain enforceable.
This Agreement may be assigned by Success 4 Business to a third party without your consent in the event of a sale or other transfer of some or all of the assets of S4B. In the event of any sale or transfer you will remain bound by the User Agreement.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 9.5 Misrepresentation. Nothing in this clause shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.
The services hereunder are offered by Success 4 Business, located in Red Deer Alberta, Canada