WEBSITE TERMS AND CONDITIONS – LISNIC
These terms and conditions (Terms) apply to your use of this Website. By using this Website and connecting with other users, you agree to be bound by these Terms.
Lisnic may amend these Terms from time to time. If you have an Account with us we will notify you by email of the updated Terms. We will also publish the updated Terms on this Website. Use of this Website by you after an updated version of the Terms has been made available indicates your acceptance of the Terms.
Account means an account created by a Mentee or Mentor on the Website.
Agreed Price means price for Mentoring Services agreed between the Mentee and the Mentor.
Australian Consumer Law means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended from time to time.
Business Day means a day that is not a Saturday, Sunday or a public holiday in Melbourne, Australia.
Consumer Rights means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to become void.
Force Majeure Event means anything affecting Lisnic that is outside of Lisnic’s reasonable control, including but not limited to fire, storm or other extreme weather event, flood, earthquake, epidemic, pandemic, war, invasion, terrorism, civil commotion, blockade or embargo, labour dispute, labour shortage, failure or delay in transportation or supply, or any law, order, proclamation, regulation, ordinance, demand, requisition or requirement or any other act of any government authority.
GST means the goods and services tax imposed under the A New Tax System (Goods and Services Tax) Act 1999 (Cth), as amended or replaced from time to time.
Intellectual Property Rights mean all current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trademarks, trade secrets, know-how, confidential information, patents, invention and discoveries and all other intellectual property owned by Lisnic.
Intellectual Property Laws means all laws relating to Intellectual Property Rights in Australia.
Request Contract means a contract formed between the Mentee and the Mentor.
Request Fee means the fee including GST payable by the Mentee to Lisnic as consideration for using the Lisnic Platform.
Lisnic, we, usmeans Lisnic Pty Ltd (ACN 641 515 504) c/o Level 1, 1133-1145 Malvern Road, Malvern 3144 Victoria, Australia.
Lisnic Platform means the Website, Lisnic smartphone app, and any other affiliated platform that may be introduced.
Mentee means a user that posts a Posted Request on the Lisnic Platform in search of particular Mentoring Services.
Mentor means a user that provides a Service to the Mentee.
Mentoring Services means the services to be rendered as described in the Posted Request, including any amendments or variations agreed before the creation of a Request Contract.
Notice of Completion means a notice posted by a Mentor on the Website that a Posted Request has been completed.
Personal information is any information about a person where their identity is apparent, or can reasonably be ascertained, and includes Sensitive Information.
Policies means the policies posted by Lisnic on the Lisnic Platform.
Posted Request means the Mentee’s request for Mentoring Services published on the Website and includes the description of the Mentoring Services requested.
Privacy Act means the Privacy Act 1988 (Cth), as amended from time to time.
Sensitive Information is information or an opinion about a person’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, sexual preferences, health or medical information or criminal records.
You and your means any user of the Website
Website means the website with URL www.Lisnic.com.
- SCOPE OF SERVICES
- The Lisnic service is a two-sided platform through which Mentees can publish Posted Requests and Mentors can make an offer in response to a Posted Request.
- A Mentee who has registered with the Website and created an Account may create a Posted Request. Segments of the Posted Request will be publicly available on the Website.
- Mentees can post a Posted Request on the Website. Mentors who have registered with the Website and created an Account can browse Posted Requests and apply for a Posted Request. Mentees can message a Mentor prior to awarding them a Request Contract.
- Mentees can search for a Mentor on the Website (by name, industry, experience, etc). If the Mentee find a Mentor that meets their requirements, the Mentee can invite them to respond to a Posted Request they have posted or book them directly for a Request Contract.
- The Mentor and the Mentee will enter into a Request Contract for the provision of the Mentoring Services (see clause 5 below).
- REGISTRATION AND ACCOUNTS
- Mentees will be required to register and create an Account with Lisnic to post a Posted Request.
- Mentors will be required to register and create an Account to apply for Posted Requests.
- Registration requires you to provide certain registration information including your username, phone number, email address and password. You are required to keep this information up to date. If registration details are not kept up to date we reserve the right to cancel or suspend your Account. Your username, name or email address must not be (a) a duplicate Account (b) offensive, or obscene in any way, or (c) deliberately incorrect.
- You acknowledge and agree that you are solely responsible for any activity and use of your Account and maintaining confidentiality of your password. You are only permitted to have a single active Account on the Website. You must notify Lisnic immediately if you suspect your Account has been misused or accessed by a third party.
- QUALIFICATIONS OF MENTORS
- In using the Website and applying for a Posted Request, Mentors represent and warrant to the Mentee and Lisnic that they have the appropriate skills and qualifications to undertake the Posted Request, and hold any licences, permits, registrations or equivalent required under any applicable law to provide the Mentoring Services.
- Lisnic reserves the right to request copies of a Mentor’s qualifications and suspend a Mentor’s Account if for any reason, Lisnic believes on reasonable grounds that the Mentor’s qualification is inadequate or has been falsified or fabricated.
- REQUEST CONTRACT AND PAYMENT
- The Mentee and the Mentor shall enter into a Request contract when the Mentor makes an offer in response to a Posted Request to perform the Mentoring Services and this is accepted by the Mentee at the Agreed Price (Request Contract). A Request Contract will only be formed when the Mentee has transferred the Agreed Price and the Request Fee to Lisnic to hold in escrow pending completion of the Mentoring Services. Lisnic will not be a party to the Request Contract.
- The Agreed Price for a Request Contract must be paid by the Mentee in accordance with the process outlined in this clause 5. Payment of the Request Fee is non-refundable.
- Once a Request Contract is accepted, the Mentee and Mentor will need to book in a time via the Website’s messaging service. Once the session time is confirmed, the Mentee and Mentor will be sent a link to access the Website’s secure video conferencing facilities to conduct the session. The Mentoring Services must be conducted via the Website’s secure video conferencing facilities.
- The Mentor must submit a Notice of Completion to Lisnic when the Posted Request is completed. The Mentee is required to verify the Notice of Completion via the Website. The Mentee and the Mentor will be prompted to leave a rating and review for the other party.
- Once a Notice of Completion has been submitted and verified, the Posted Request will be removed from the Lisnic Platform. The Mentee will be prompted to book another session (the Mentee can purchase a single session or discounted bulk sessions).
- Lisnic accepts no responsibility for any aspect of the Mentee and Mentor interaction, including but not limited to the description, performance or delivery of the Mentoring Services under a Request Contract.
- To the extent permitted by the applicable law, the Lisnic Platform is provided on an “as is” basis without any express or implied warranty or condition, including but not limited to implied warranties of acceptable care and skill, fitness for purpose, merchantability and title.
- The amount of the Request Fee may be revised at Lisnic’s discretion from time to time. If Lisnic varies the amount of the Request Fee, the revised Request Fee will be posted on the Website, and Mentees and Mentors will be notified in writing of the revised Request Fee via email.
- Lisnic reserves the right to change the Lisnic fee structure at any time by posting such changes on the Website and/ or advising Mentees and Mentors who hold accounts via email.
- Payment processing services for Mentors on Lisnic are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Mentor on Lisnic, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Lisnic enabling payment processing services through Stripe, you agree to provide Lisnic accurate and complete information about you and your business, and you authorise Lisnic to share it and transaction information related to your use of the payment processing services provided by Stripe.
- CONDITIONS FOR MENTEES
- By using this Website, a Mentee acknowledges and agrees that:
- you will comply with these Terms and the Policies;
- you are 18 years of age or over;
- you are willing and able to produce a copy of your proof of identity (e.g. drivers license or passport) if requested by Lisnic; and
- all information entered by you on the Website is correct, including your contact details and information provided when creating an Account in relation to Posted Requests. If for any reason, Lisnic believes on reasonable grounds that a Mentee has not complied with these Terms, Lisnic may remove a Posted Request.
- CONDITIONS FOR MENTORS
- By using this Website, a Mentor acknowledges and agrees that:
- you will comply with these Terms and the Policies;
- you are 18 years of age or over;
- you are willing and able to produce a copy of your proof of identity (e.g. drivers licence or passport) if requested by Lisnic;
- all information entered by you on the Website is correct, including your contact details and information provided when creating an Account and applying for Posted Requests; and
- you will personally perform the Mentoring Services and will not subcontract the Mentoring Services under a Request Contract to a third party.
- USE OF THE WEBSITE
- Use of this Website by you is at your own risk.
- Lisnic will endeavour to ensure that all content provided on this Website is accurate and up to date. However, Lisnic does not warrant or represent that the material displayed on this Website is free from human or mechanical error, technical inaccuracies or other errors or defects.
- You agree not to use the Lisnic Platform for any unlawful purpose. You acknowledge and agree that you are solely responsible for your Account and will not submit or allow any third party to submit any content that:
- you know is false, misleading, inaccurate, or deceptive;
- is inappropriate and or prohibited under the Policies;
- is unauthorised advertising or spam; or
- is an invasion of another person’s privacy.
- You agree that you will not (i) directly or indirectly contact or solicit any other individual or entity on or through this Website or the Lisnic Platform for any purpose other than to perform and receive Mentoring Services on the Website and in accordance with these Terms (ii) disclose private contact details or share third party links in any public areas of the Website (iii) create duplicate Accounts (v) access or use the Website with another user’s username, password or email (v) post any information to incite hatred or violence, discriminate, harass or troll (vi) collect or disseminate information about other users, or (viii) use the Website to market or solicit services which are unlawful.
- Lisnic reserves the right to vary or modify the Website at any time without notice and to cancel or block a user’s Account.
- INTELLECTUAL PROPERTY
- Lisnic reserves all rights of ownership in the contents of this Website and all services featured on the Website and is protected under Intellectual Property Laws. We own all right, title and interest in the Website and its content, including all Intellectual Property Rights.
- You agree that you will not use, reproduce, modify, distribute, publish, store, transmit, commercially exploit, modify or create any derivative works from any content in whole or in part or permit or assist any other person to do so.
- STATUTORY REMEDIES
- You have certain Consumer Rights under the Australian Consumer Law and other similar state and territory legislation, including the consumer guarantees, which cannot be excluded.
- To the extent permitted by law, Lisnic’s liability in relation to your Consumer Rights will be limited to providing, at Lisnic’s discretion, a replacement of the services provided to the Mentee or Mentor (where possible) or payment of the cost of having goods or services supplied again, or is otherwise limited to the remedies required of Lisnic under the Australian Consumer Law or other applicable law.
- LIMITATION OF LIABILITY
- This clause must be read subject to any local laws in your jurisdiction.
- You acknowledge and agree that, to the extent permitted by the applicable law, Lisnic shall not be liable to you for any loss (whether direct, indirect, or consequential) which may be incurred by you in connection with:
- your access to and use of the Lisnic Platform and/or if certain information on the Lisnic Platform is incorrect, incomplete or not up to date;
- your failure to keep your password or Account details secure and confidential;
- any unauthorised use or access to the Lisnic Platform, including but not limited to any hacking or security breach;
- any changes to any Policies;
- any aspect of the Mentee and Mentor interaction, including but not limited to the description, performance or delivery of a Posted Request or Request Contract;
- any damage, loss, injury or death to or of a person or property;
- any defects or faults in the work or as a consequence of the Mentor undertaking a Request Contract; or
- a Force Majeure Event.
- Your use of this Website and services is solely at your own risk. To the extent permitted by the applicable law, Lisnic:
- excludes all representations and warranties relating to the Website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in the Website and/or our literature and marketing materials; and
- excludes damage or loss if the Website or service is not available at any particular time or location, is interrupted, crashes or generally unsecure.
- By accepting these Terms you agree to indemnify Lisnic (and our employees, officers, directors and affiliates) from any claims, liabilities, obligations, losses, debts and expenses including legal fees, arising from (a) your access, use or misuse of the Website by you or any third party using your Account (b) your infringement of these Terms or any Policies (c) your infringement of any Intellectual Property Rights of Lisnic or any third party (d) your infringement of any applicable law (e) any third party misuse of your Personal Information, including username and password, in accessing the Lisnic Platform.
- You indemnify and hold Lisnic (and our officers, directors, agents, subsidiaries, partners, and employees) harmless from any claim or demand (including solicitor’s fees on an indemnity basis) made by any third party due to or arising out of your breach of these Terms or your violation of any applicable law to the rights of a third party.
- In the first instance, any Mentees, Mentors and/or Lisnic agree to attempt to resolve any dispute within 14 days of the dispute arising, by way of informal negotiation.
- If the parties cannot resolve the dispute under clause 14.1, Lisnic will make a decision that will be deemed to be binding on both parties.
- Nothing in this clause shall prevent a party from seeking urgent equitable relief before an appropriate Court.
- TERMINATION OF ACCOUNTS
- A user of the Website may terminate their Account at any time by sending an email to firstname.lastname@example.org. We reserve the right to cancel a user’s profile for inappropriate behaviour, misuse of the Lisnic platform, from actions that potentially cause damage to the Lisnic Platform, or non-adherence to these Terms or the Policies.
- GOVERNING LAW
- These Terms are governed by the laws of Victoria, Australia. By accessing and using this platform, you agree to submit to the non-exclusive jurisdiction of the Courts of the State of Victoria, Australia.
- GENERAL PROVISIONS
- A reference to a ‘party’ includes a Mentee, Mentor or Lisnic.
- Unless the context requires otherwise, the singular includes the plural and the plural includes the singular in these Terms.
- If a provision (or part of it) of these Terms is held to be unenforceable or invalid, then to the extent possible the provision will be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by the applicable law.
- Nothing in these Terms shall confer on any third party any benefit or the right to enforce any provisions of these Terms.
- All information exchanged during or in respect of the mentoring sessions are deemed to be confidential and must be treated so by both parties unless express written consent has been provided by the disclosing party permitting the information to be shared.