Mentor Service Agreement
Mentor Service Agreement
Welcome to www.navifuturecareer.com (“navifuturecareer.com” or “Site”), a website that is a platform for advice and consulting services. Navi Future Career Inc. (“Navi Future Career”) owns and operates the Site. The specific features and functionality of the Site are to be determined solely by Navi Future Career and are subject to change or termination at any time, for any reason, and without notice.
YOU AGREE THAT BY USING THIS SERVICE YOU ARE:
(A) AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND (B) LEGALLY AUTHORIZED TO WORK IN THE COUNTRY FROM WHICH YOU WILL BE OFFERING SERVICES ON NAVIFUTURECAREER.
This Agreement contains all of the terms and conditions between you (“Mentor”) and Navi Future Career. Your use of navifuturecareer.com as a Mentor implies your acceptance of the terms and conditions of this Agreement.
By registering as a Mentor and agreeing to the terms and conditions of this Agreement, you also are agreeing to the terms of Navi Future Career’s Privacy Policy, which is incorporated into this Agreement.
Definition of Service
Navifuturecareer.com provides a platform where a Mentor may present and sell advice or services to interested users from navifuturecareer.com or its affiliates. Navi Future Career makes no representation or warranty whatsoever as to the willingness or ability of Users to pay for any advice given by the Mentor. However, payment will be gathered in advance of all consultations.
Disclaimer of Warranty and Limitation of Liability
THE MENTOR ACKNOWLEDGES AND AGREES THAT Navi Future Career Inc. IS BEING PROVIDED FOR USE AS IS, AND THEREFORE MENTOR WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND VIS-A-VIS Navi Future Career Inc. IN RESPECT TO Navi Future Career Inc.’S USER, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE MENTOR’S NEEDS. THE USE OF Navi Future Career Inc. IS ACCORDINGLY BEING MADE AT THE MENTOR’S SOLE AND ENTIRE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. Navi Future Career Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY ITS USERS. IF AN MENTOR DECIDES TO PROVIDE MENTOR’S SERVICES THROUGH THE USE OF Navi Future Career Inc., MENTOR MUST EXERCISE A REASONABLE STANDARD OF CARE, AT LEAST THE SAME AS MENTOR WOULD IN A SIMILAR TRANSACTION NOT CONDUCTED THROUGH THE INTERNET OR THE STANDARD OF CARE MANDATED BY HIS OR HER PROFESSION, WHICHEVER IS HIGHER. THE MENTOR SHALL NOT HAVE ANY PLEA, CLAIM OR DEMAND AGAINST Navi Future Career Inc., ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT OF ANY SERVICES MENTOR DECIDES TO PROVIDE IN CONNECTION WITH THE USE OF Navi Future Career Inc. Navi Future Career Inc. WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES ACQUIRED THROUGH Navi Future Career Inc. THE SALE OR PURCHASE OF SERVICES IS ACCORDINGLY EFFECTED AT THE MENTOR’S SOLE AND ENTIRE RISK. UNDER NO CIRCUMSTANCES WILL Navi Future Career Inc., ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, MEMBERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY MENTOR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING FROM THE SERVICES OR ANY PROVISION OF THIS AGREEMENT. Navi Future Career Inc., ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS’ AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID TO MENTORS THROUGH Navi Future Career Inc. IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. MENTOR ACKNOWLEDGES AND AGREES THAT Navi Future Career Inc. DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY A USER IN CONNECTION WITH THE PROVISION OF ANY SERVICES BY MENTOR (INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS BY THE MENTOR AS TO MENTOR’S QUALIFICATIONS AND ADVICE PROVIDED BY THE MENTOR) THROUGH THE Navi Future Career Inc. SERVICE AND MENTOR AGREES TO INDEMNIFY AND HOLD Navi Future Career Inc. HARMLESS IN CONNECTION WITH ANY SUCH CLAIM AND ANY DAMAGES OR EXPENSES ARISING THEREFROM INCLUDING LEGAL FEES AND COSTS. NAVI FUTURE CAREER INC. WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN AN MENTOR AND A USER, INCLUDING MENTOR FEE AGREEMENT. MENTOR WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH A USER. MENTOR FURTHER ACKNOWLEDGES THAT MENTOR WILL SOLELY BE RESPONSIBLE AND LIABLE FOR ANY DAMAGES TO ANY USER TO WHOM MENTOR PROVIDES SERVICES AND WHERE THAT USER SUFFERS DAMAGES ARISING FROM OR CONNECTED TO SUCH SERVICES. IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH NAVIFUTURECAREER.COM, MENTOR HEREBY RELEASES NAVI FUTURE CAREER INC. AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEY’S FEES, WHICH MENTOR MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.
By submitting the Mentor registration form, you the Mentor, represent, warrant and agree to the following:
At all times you the Mentor will provide correct and accurate representation of skills, degrees, qualifications, background and other information as prompted in any form on Navi Future Career Inc., and will maintain and update all such information during the term of this Agreement (or during the course of your use of the site) to keep it true, accurate, current and complete. You will maintain such skills, qualifications and other information, including maintaining your status in good standing as a licensed professional in any jurisdiction, as may be required by that jurisdiction, where you practice your profession. You shall not perform services or offer advice in any jurisdiction where you are not authorized, licensed or in good standing to do so.
You will not offer or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or analysis concerning securities. You will not offer advice or provide any product or services related to or claiming success with lottery numbers.
You will not misrepresent yourself or create a misleading name or listing.
The aforementioned is an ongoing affirmative obligation for the Mentor to maintain and update on a regular basis.
Mentor’s Conduct
You the Mentor will be solely and fully liable for all conduct, services, advice, postings and transmissions that are made in your communications through Navi Future Career Inc. or under your username and password. As a platform where Mentor can offer services, Navi Future Career Inc. is not involved in any transactions between Mentor and Users. Navi Future Career Inc. does not control the accuracy of any postings on the Site or transmissions through it buys. In addition, Navi Future Career Inc. cannot and will not make any effort to verify the identity of any of its Users. You represent, warrant and declare that while you are using Navi Future Career Inc. as a Mentor, you will act according to the following rules:
- Mentor will be solely responsible for the services provided to Users and for the verification of Users’ identities and other information delivered to you by Users
- Mentor will not mislead Users to believe that he or she can provide a service which is outside Mentor’s fields of expertise
- All interactions between Mentor and User will be billed through Navi Future Career Inc. regardless if the interaction is online or offline. Mentor agrees to abide by the pricing terms agreed upon with Users while utilizing Navi Future Career Inc..
- All contact between Mentors, Users and any other users who are introduced through the Navi Future Career Inc. platform must be conducted only through the communication preference agreed mutually on the Navi Future Career Inc. platform after a booking has been accepted. Exchange of personal contact information before a booking has been confirmed between Mentors, Users and any other users introduced through the Navi Future Career Inc. platform is strictly prohibited. Any exchange of contact information outside of the Navi Future Career Inc. platform, whether via personal email, phone, in person or any other means, is strictly prohibited and is a violation of this Agreement. In the event Navi Future Career Inc. suspects or determines any such unauthorized contact, Navi Future Career Inc. reserves the right to withhold payments, levy fines, and/or suspend or terminate service in its sole and absolute discretion.
- Mentor will not take any actions which may undermine, disrupt or manipulate the integrity of the User feedback (rating) system on the Site.
- Mentor will not interfere with or disrupt the Navi Future Career Inc. site or servers or networks connected to the Site.
- Mentor will not attempt to gain unauthorized access to other computer systems or networks connected to the Navi Future Career Inc. Site, and will not transmit “junk mail”, or any unsolicited mass distribution of e-mail or bulletin board postings.
- Mentor will not transmit through the site any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful or otherwise objectionable material of any kind.
- Mentor will not disobey or breach this Agreement or any other applicable instructions conveyed by Navi Future Career Inc. or its officers.
- Mentor will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code.
- Mentor will not participate in Navi Future Career Inc. in any manner that is in violation of the rules, regulations or code of conduct of his or her current employer(s), including not divulging any restricted, confidential or otherwise proprietary information of any sort.
- Mentor will not upload, post, e-mail, transmit or otherwise make available: (a) any information or material that infringes a third party right, especially copyright or other intellectual property rights; (b) any third party advertisements, including banner exchange services; (c) software viruses, Trojan horses, worms or any other malicious application; or (d) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law.
- Mentor will not impersonate any person or entity, or make any false statement regarding Mentor’s employment, agency or affiliation with any person or entity.
- Mentor will not stalk, threaten or harass Users or other Mentors or invade or attempt to invade their privacy.
- Mentor will not disclose any information that was provided to Mentor by a User and will use his or her best efforts to guard User’s privacy.
- Mentor agrees to comply with all applicable laws regarding use of this Site. Mentor may not use this Site to solicit the performance of any illegal activity or other activity which infringes the rights of Navi Future Career Inc. or others. Mentor agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any other person’s use of the Site. Mentor may not attempt to gain unauthorized access to any portion or feature of the Site by hacking, password “mining” or other illegitimate method of gaining access to restricted data.
- Mentors agree that: Navi Future Career Inc. has the right to review the Mentor’s personal profile and amend any typing or spelling errors. Navi Future Career Inc. has the right to, in its absolute discretion, remove or refuse to post or transmit in part or full any content uploaded by the Mentor. In such case, Navi Future Career Inc. has the right to, but is under no obligation to, notify Mentor of such removal or removal or refusal. Without limiting the foregoing, Navi Future Career Inc. has the right to remove any content violating this Agreement.
- The Mentor will bear all the risks associated with uploading and transmitting material utilizing Navi Future Career Inc.’s platform, including reliance on its accuracy, reliability or legality.
Mentor and User Communication
The main purpose of Navi Future Career Inc. is to provide a platform for registered Mentors to provide Users with advice that they seek. By utilizing Navi Future Career Inc.’s website, Mentors and Users can negotiate and enter into a contract for advice. Navi Future Career Inc. does not screen the content of communications between Mentors and Users, but Navi Future Career Inc. may screen, copy, transmit and review all communications conducted by or through its website for technical support and/or in order to uphold the terms of this Agreement.
International Users
Navi Future Career Inc. makes no claim that the content of the Site is appropriate or may be downloaded outside Canada. If you access the Site from a location outside Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content.
Modifications and Termination of Navi Future Career Inc.’s Website
Navi Future Career Inc. reserves the right in its sole discretion, and from time to time, to modify or discontinue, temporarily or permanently, the services in its website, with or without notice to Mentor. Mentor agrees that Navi Future Career Inc. shall not be liable to Mentor or any third party for any modification or discontinuance to Navi Future Career Inc.’s website services, or for any losses or damages that may result to Mentor or his or her Users from such discontinuation or interruption of service.
Navi Future Career Inc.’s website services depend upon different factors such as: software, hardware and communications networks of Navi Future Career Inc., its contractors and suppliers, and other factors outside its control. Hence, Navi Future Career Inc. cannot guarantee that its website will not be interrupted, or that it will be timely, secure or error-free.
Navi Future Career Inc., in its sole discretion and for any or no reason, may terminate Mentor’s participation in its website and refuse any and all current or future use by Mentor of its website.
Termination of Account by Mentor
Mentor may terminate their Agreement with Navi Future Career Inc. at any time by sending an email to admin@navifuturecareer.com. Navi Future Career Inc. shall invalidate Mentor’s user name and password within reasonable time of receiving such notice. Mentor may inactivate his or her own account for any desired period of time from within their Navi Future Career Inc. account. Notwithstanding termination, all obligations of Mentor under this Agreement relating to any activity prior to the termination date shall remain in full force and effect.
Copyright Policy
Navi Future Career Inc. respects the intellectual property of others, and we ask our users to do the same. Navi Future Career Inc. may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.
Limited License
Navi Future Career Inc. grants Mentor a nonexclusive, revocable right to use the Site provided that Mentor does not copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover any source code, or breach this Agreement.
Indemnification
Mentor will indemnify, defend and hold harmless Navi Future Career Inc., and its members, managers, employees, representatives, agents and Affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and attorneys’ fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against Navi Future Career Inc. or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by Mentor according to this Agreement; (b) Mentor’s provision of services to any third party, regardless of whether or not they are Users of the Navi Future Career Inc. service; or (c) any materials that Mentor has posted to Navi Future Career Inc.’s website and/or any content on Mentor’s website or otherwise provided to Users. Mentor represents and warrants that it maintains and will continue to maintain adequate insurance if such insurance is required by any applicable laws or regulations which apply to the provision of services by Mentor, including, without limitation, professional liability insurance applicable to the legal and medical professions.
Navi Future Career Inc. takes insider trading very seriously and prohibits the purchase or sale, or the recommendation of a purchase or sale, of any stock, bond, option or other security by a person while he or she is in possession of material non-public information about the security or its issuer. The use of such material non-public information to avoid losses is no less a violation than the use of such information to generate profits. The detection and prosecution of insider trading violations is an enforcement priority, and violations may result in criminal and civil penalties, including jail sentences, civil injunctions, and fines up to three times the profit gained or loss avoided as a result of the unlawful trades, whether or not the person fined actually traded, and fines for the person’s employer or other controlling person.
It is important to note that the prohibitions on disclosing or misusing information apply not only to insiders such as officers, directors, employees, and significant shareholders of an issuer but also to outsiders such as consultants, accountants, lawyers, and underwriters who have a duty of trust or confidence to the source of the material non-public information. The prohibitions can also apply to persons with a family relationship to the source of the information and to persons with any other relationship of trust or confidence with the source (such as when people have a history, pattern, or practice of sharing confidences).
Navi Future Career Inc. defines information as “material” if there is a substantial likelihood that a reasonable investor would consider it important in deciding whether to purchase, sell, or hold a security or other financial instrument. Information that is material usually includes, but is not limited to, dividend changes, earnings estimates, changes in previously released earnings estimates, significant merger or acquisition discussions or agreements, major litigation or regulatory investigations, regulatory approvals or disapprovals, and extraordinary management developments.
Navi Future Career Inc. prohibits the disclosure of any non-public information in breach of any duty of trust or confidence to the source or subject matter of the information.
Mentors are not allowed to assign their rights and obligations under this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Navi Future Career Inc. Any purported assignment by a mentor without the appropriate prior written approval will be null and void and of no force or effect.
Navi Future Career Inc. may change this Agreement without prior notice by posting modifications on the Site. Unless otherwise specified by Navi Future Career Inc., all modifications shall be effective upon posting. Mentors are encouraged to check the terms of this Agreement frequently. By using the service or Site after the changes become effective, mentors agree to be bound by such changes to the Agreement. If a mentor does not agree to the changes, they may terminate access to the Site and participation in Navi Future Career Inc. services by following the procedures set forth above.
Mentors may report any violation of this Agreement to admin@navifuturecareer.com.