FollowTheMentor Terms of Use
Last Updated Date: 16 Dec 2015
Thank you for visiting our web site. By using our Services, you are agreeing to the following terms (the “Agreement”). Kindly read them
carefully.
1. Introduction
1.1. The FollowTheMentor web site (the “Site“), and the following services
1.1.1. access to a collection of information, news, data, text, listings, graphics, images, videos, audio files, podcasts, webcasts, software applications
and other types of works, including any print, digitized or electronic newspapers, magazines, Apps or other content of the Company, whether through an
online store or otherwise;
1.1.2. search engines or tools;
1.1.3. a platform to create, upload and publicly make available personalized content;
1.1.4. an advertising and branding platform;
1.1.5. message boards, forums, blogs, communication tools;
1.1.6. email alerts; and
1.1.7. any other features, content or applications that the Company may offer on or through the Site from time to time in its sole and absolute discretion
(collectively the “Services“),
are owned, operated, and maintained, as applicable, by Master Apprentice Network Pte Ltd. (“we“, “our“, ” us“, or the “Company“).
1.2. The Site, and Services are, collectively, the “Company Products“.
1.3. All content developed or created by the Company using with or without the Submitted Content or any other works commissioned by the Company, and
incorporated into and delivered as part of the Services, is the “Final Content”.
1.4. By (a) using or accessing the Company Products; (b) offering or receiving a Company Product through the Site; or (c) paying for someone else to use or
access a Company Product, you agree to the terms and conditions set forth in these Terms of Use, which include the entire content of this document,
together with any other documents as may be attached hereto and incorporated herein by reference, including but not limited to the Privacy Policy (the ” Terms“).
1.5. From time to time the Company will run competitions, promotions and surveys at the Site. These are subject to additional terms and conditions that
will be made available at the time they are run.
1.6. These terms, including this introductory section, create a binding legal contract between you and the Company.
1.7. By using the Company Products, or by clicking the “Sign Up” button, you represent and warrant that you have read, understood, and you agree to be
bound by and comply with these terms.
1.8. If you do not accept these terms, you must not use and are not authorized to use all or any portion of the Company Products and must delete any
materials that you have downloaded or copied from the Company Products.
2. Age Restrictions
2.1. For the purposes of these Terms, “you” means the student, the Mentor (as defined below), a parent who pays for access to the Company
Products as well as other User (as defined below) who accesses or uses the Company Products.
2.2. This Site is intended for use by you only if you are 13 years of age or older. If you are a parent, guardian, or other person who enables a child to
access the Company Products, you agree to stand in the shoes of such child for the purposes of making us whole in case of damages or indemnification that
could properly lie against a child, if not for his or her age.
2.3. We recommend that any parent or guardian who wishes to allow their children to access and use the Site and the Company Products should, at all times,
supervise such access and use. If you, your parent or guardian, have any concerns please feel free to contact us at support@FollowTheMentor.com.
3. Right of Modification of the Terms
3.1. The Company reserves the right at any time, with or without notice to you, to change the terms and conditions of these Terms in its sole and absolute
discretion.
3.2. It is your responsibility to check this page from time to time to review any changes to these Terms.
3.3. The most current version of these Terms can be reviewed by clicking on the “Terms of Use” located at the bottom of the pages of the Site. The most
current version of the Terms will supersede all previous versions.
3.4. Your use of the Site or continued use of our Company Products after changes are made to these Terms constitutes your binding acceptance of such
changes.
3.5. No revisions to these Terms will apply to any dispute between you and the Company that arose prior to the date of such revision.
4. General
4.1. If you are using or opening an account to use the Company Products on behalf of a company, entity or organization (each a ” Subscribing Entity“), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the
authority to bind such entity to these Terms, and (ii) agree to be bound by these Terms on behalf of such Subscribing Entity.
4.2. The Company Products enable students, parents, schools and Subscribing Entities (collectively, the “Users“) to connect with
independent contractor Mentors (the “Mentors“) who provide including but not limited to lessons via our proprietary online product
platform, live instruction, recorded instruction, tutoring, and learning services.
4.3. The Site is only a marketing place for Mentors and Users. We do not hire or employ any of the Mentors and we are not responsible or liable for any
interactions involved between the Mentors and their respective customers and/or the Users.
4.4. We are not responsible for any disputes, claims, losses, injuries, or damage of any kind that may arise out of or in relation to any conduct of the
Mentors or the Users, including, but not limited to, any User’s reliance upon any information provided by a Mentor.
4.5. FollowTheMentor’s Services include, without limitation, facilitating and hosting the lessons provided by the Mentors and supporting materials, and
taking feedback from the Users.
4.6. FollowTheMentor and the Mentors of the Company Products reserve the right to cancel, interrupt, or reschedule any of the Company Products or modify
its content as well as the price charged on the User.
4.7. You understand and agree that these Terms are entered into in consideration of your use of the Company Products and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged.
4.8. The main language of the Site and the Services is English. Information provided in a language other than English is only for the convenience of our
Users. In some pages, content may be available in English only and this shall not constitute an obligation on us to deliver every page in languages other
than English.
4.9. We reserve the right to be able to access your Account for the following reasons but not limiting to:
4.9.1. To remind you of your password in case you forget it (we will send an email upon your request to the email address from which you opened your
Account);
4.9.2. To maintain our Services to you and develop new and useful features and services;
4.9.3. To follow a court order, subpoena, complaint or a lawful request from governmental authorities.
4.10. The Site may contain advertisments and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on
the Site is accurate and complies with applicable laws. The Company is not responsible for any content of such advertising and sponsorship materials posted
on the Site.
5. Registration, Electronic Notices and Privacy Policy
5.1. To use certain Company Products, you will need to register and obtain an account, username and password.
5.2. You may only create an account if you are at least 13 years old, and if you are less than 18 years old, you must have obtained parental or legal
guardian consent.
5.3. When you register an Account with us, the information you provide to us during the registration process (such information being “ Your Data”) will help us in offering content, customer service, and network management.
5.4. By registering, you agree (a) to ensure that Your Data is true, accurate, current and complete, and (b) to maintain and promptly update Your Data to
keep it true, accurate, current and complete, (c) and if you are a Mentor, to abide by the Mentor Independent Contractor Agreement and the Specific
Obligations of the Mentors (as described in the Specific Obligations of the Mentors section below), (d) and, if you are a User, to abide by the Specific
Obligations of the Users (as described in the Specific Obligations of the Users section below).
5.5. You acknowledge that if any information provided by you is untrue, inaccurate, not current, incomplete or misleading, or if we believe that such
information is untrue, inaccurate, not current, incomplete or misleading, we reserve the right to suspend or terminate your Account (as defined below) and
refuse or restrict any and all current or future use of the Company Products by you, without any liability to you.
5.6. You are solely responsible for maintaining the confidentiality of your account, username, and password (collectively, the “Account“)
and for all activities (including purchases) and liabilities associated with or occurring under your Account.
5.7. You agree that you will create, use, and access only one Account, and that you will not access the Site using multiple Accounts.
5.8. Should you have reason to believe that your Account is no longer secure, you must promptly change your password by updating your Account information.
5.9. You must (a) notify us immediately of any unauthorized use of your Account and any other breach of security, and (b) ensure that you log out from your
Account at the end of each usage of the Company Product.
5.10. We cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of
use of your Account, either with or without your knowledge, prior to your notifying us of unauthorized access to your Account.
5.11. You agree that you will be liable for any losses incurred by us or another party due to any use of your Account, excluding only uses following your
notification to us of unauthorized access to your Account.
5.12. By registering, you hereby grant us permission and a worldwide non-exclusive license to use your name(s), group name, location(s), services, approved
photograph and/or likeness(es) and biographical materials solely in connection with the promotion, marketing and advertising of any Mentor and/or
FollowTheMentor. This license shall survive one year after termination of your Account. If you submit feedback or suggestions about our Services, we may
use your feedback or suggestions without obligation to you. In connection with your use of the Services, we may send you service announcements,
administrative messages, and other information. For Mentors, the Company may engage in promotional activities, affiliate partnerships, and advertising on
your behalf to help attract new audiences and repeat customers to your classes.
5.13. Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or
safety laws.
5.14. All of the Mentors are subject to our approval, which we may grant or deny in our sole discretion. If you wish to become a Mentor and offer lessons
through the Company Products, please visit https://www.FollowTheMentor.com/Mentor/ApplyMentor for more information.
5.15. You agree not to transfer or resell your use of or access to the Company Products and your Account to any other person and you may not use anyone
else’s Account at any time.
5.16. In cases where you have authorized or registered another individual, including a minor, to use your Account, you are fully responsible for (i) the
online conduct of such User; (ii) controlling the User’s access to and use of the Services; and (iii) the consequences of any misuse.
5.17. By using the Company Products or communicating with us, you agree that we may communicate with you electronically regarding security, privacy, and
administrative issues relating to your use of the Company Products.
5.18. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending an email to you.
5.19. Any personal information submitted in connection with your use of the Company Products is subject to our Privacy Policy, the terms of which are
hereby incorporated into these Terms. Please review our Privacy Policy to understand our practices.
5.20. The User and the Mentor agree to treat as strictly private and confidential any access credentials which they may have received through our Services,
and all information to which you have access through password-protected areas of the Site, and will not cause or permit any such information to be
communicated, copied or otherwise divulged to any other person whatsoever.
5.21. Your use of the Company Products includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your
electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreements and intent to
be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including notices of cancellation,
policies, contracts and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software,
which are your sole responsibility.
6. Connectivity Costs and Equipment
6.1. You are solely responsible for all service, telephone and/or other fees and costs associated with your access to and use of the Company Products,
including, but not limited to, any data charges imposed by a wireless carrier or Internet service provider, and for obtaining and maintaining all
telephone, computer hardware, and other equipment required for such access and use.
7. Payments, Product Scheduling, Booking, Cancellation and Conducting Procedure
7.1. The Company Products offered on this Site are recorded.
7.2. All transactions are charged in US Dollars (“USD”). The Company is not responsible for any variations in
international exchange rates that may be imposed from time to time.
7.3. You agree that you will pay for all Company Products you purchase through the Site, and that the Site may charge your payment method for any Company
Products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your
Account. You are responsible for the timely payment of all fees and for providing the Site with a valid payment method for payment of all fees.
7.4. Your total price will include the price of the Company Productplus any applicable sales tax; such sales tax is based on the bill-to address and the
sales tax rate in effect at the time you download the Company Product. We will charge tax only in jurisdictions where digital goods are taxable. No
customer is eligible for tax exemptions. Additional fees, such as cross border transaction fees and credit card fees, may apply.
7.5. All sales and rentals of the Company Products are final.
7.6. Prices for the Company Products offered via the Site may change at any time, and the Site does not provide price protection or refunds in the event of
a price reduction or promotional offering.
7.7. If a Company Product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or
unreasonably delay delivery of the Company Product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by the
Company.
7.8. If you provide credit card information to pay for such fees then you hereby represent and warrant that you are authorized to supply such information
and hereby authorize the Company to charge your credit card on a regular basis to pay the fees as they are due.
7.9. If your payment method fails or your account is past due, then we may collect fees owed using other collection mechanisms. This may include charging
other payment methods on file with us and/or retaining collection agencies and legal counsel.
7.10. You agree to pay the fees for the Company Products that you take, and hereby authorize us to charge your credit card for these amounts. If your
credit card is declined, you agree to pay us the fees within thirty (30) days of notification from us, and pay (at our discretion) a late payment charge at
1.5% per month, or the maximum permitted by law, whichever is greater.
7.11. We may also block your access to any Company Products pending resolution of any amounts due by you to Company.
7.12. The Company may, in its sole discretion, round up or round down the Sale Price to the nearest whole functional base unit in which the sale currency
is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, the Company will round up an amount of $101.50 to $102.00, and
$101.49 to $101.00.
8. Refund Policy
8.1. If you, as a User, are unhappy with a Company Product and would like to request a refund, you shall do so within 30 days from the date of the purchase
of the Company Product (the “Refund Request Period”). In our sole discretion, we will provide you with a full or partial or no refund of
the amount you paid for the Company Product.
8.2. To request a refund, please send an email to support@FollowTheMentor.com and include your FollowTheMentor username and the Company Product purchase
confirmation number included in your email confirmation receipt and the reason for your refund.
8.3. The determination of a refund will be based upon the guidelines described below, at our sole discretion. All determinations by the Company of the
amount and terms of such refund are final.
8.4. If your refund request is sent after the Refund Request Period, you will not be entitled to receive any refund.
8.5. We do not offer any refund if you missed the validity of a Company Product or are late for the utilization of a Company Product. Booking and
purchasing a Company Product is a commitment on the part of the User to utilize the the Company Product punctually.
8.6. Please note that if we believe that you are abusing our refund policy in our sole discretion, we reserve the right to suspend or terminate your
Account and refuse or restrict any and all current or future use of the Company Products by you, without any liability to you.
8.7. As a Mentor, you acknowledge and agree that the Users have the right to receive a refund as set forth in this section.
8.8. The Mentors shall not receive any payments, fees or commissions for any transactions for which a refund has been granted.
8.9. In the event that a User requests a refund for a Company Product after the Company has sent the Mentor payment for that Company Product, the Company
reserves the right to either (1) deduct the amount of such refund from the next payment to be sent to that Mentor, or (2) require that Mentor to refund to
the Company any amount refunded to the User for that Mentor’s Company Product.
8.10. If you are found to be in violation of FollowTheMentor’s Code of Conduct (as described in the Code of Conduct section below) or Specific obligation
of the Users (as described in the Specific obligation of the Users section below) or these Terms, you are not entitled to any refund.
9. Ownership
9.1. ©2012-2015 Master Apprentice Network Pte Ltd. All Rights Reserved. The Site is owned and operated by us in conjunction with others pursuant to
contractual arrangements. Modification of the materials of the Site or use of the materials of the Site for any other purposes is a violation of our
copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.
9.2. “FollowTheMentor.com”, “followthementor.com”, “FOLLOWTHEMENTOR.COM”, “FollowTheMentor”, “followthementor”, “FOLLOWTHEMENTOR”, tag lines and logos are
all trademarks and/or service marks of Master Apprentice Network Pte Ltd. All other trademarks, service marks, and logos used on the Site are the
trademarks, service marks, or logos of their respective owners.
9.3. You may not use the trademarks, either ours or others’, in any way without the prior written permission of the applicable Trademark owner. We prohibit
use of our logo as a “hot” link to any other World Wide Web site unless approved by us in advance in writing.
9.4. You acknowledge that the technology underlying the Services and the Site, and all other content, including but not limited to, software, code, HTML
files, layouts, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips,
video clips, photos, images, and other data or copyrightable materials, including the selection and arrangements thereof, provided or made available to you
in connection with the Company Products are the proprietary works of the Company and/or our affiliated and/or third party providers, suppliers and
licensors (the “Third Parties“) and are protected, without limitation, pursuant to Singapore and foreign copyright and other intellectual
property laws, including, but not limited to, copyrights, trademarks, patents or trade secrets.
9.5. Many of our Users and our Mentors are interested in submitting ideas for products and services to be used at the Company, either independent of, or in
conjunction with, our internally developed concepts. We appreciate our customers’ interest in improving our Services; however, please note our policy on
external idea submission:
9.5.1. Unsolicited ideas submitted to the Company or any of its employees automatically become the property of the Company.
9.5.2. By submitting unsolicited ideas to the Company, you automatically forfeit your right to the intellectual property of these ideas. If you intend to
own the intellectual property rights of your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please do not submit your concepts or
prototype samples to the Company or its employees.
10. Prohibited Use of the Final Content
10.1. Except as expressly authorized by us or in these Terms, you may not upload, post, copy, reproduce, publish, perform, distribute, disseminate,
broadcast, circulate, modify, create derivative works of, rent, lease, sell, assign, sublicense, otherwise transfer, display, transmit, compile or collect
in a database, or in any manner commercially exploit the Company Products, in whole or in part.
10.2. You will not, in any manner, without our prior written approval, decompile, disassemble, reverse engineer, reverse assemble or otherwise attempt to
discover any source code of the Company Products.
10.3. You may not store any significant portion of the Company Products in any form, whether archival files, computer-readable files or any other medium.
10.4. You may not “mirror” any of the Company Products on any server.
10.5. Any unauthorized or prohibited use of the Company Products may subject the offender to civil liability and criminal prosecution under applicable
laws.
11. Modification of the Company Products
11.1. We may add, change or eliminate features, pricing, nomenclature and other aspects of the Company Products and make other changes at any time and
these Terms will continue to apply to the Company Products as modified.
11.2. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Company Products (or any part
thereof) with or without notice.
11.3. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of all or any portion of
the Company Products.
12. Copyright Infringement
12.1. The Company respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously,
and we ask our Users to do the same. Infringing activity will not be tolerated on or through the Company Products.
12.2. The Company’s intellectual property policy is to remove material that the Company believes in good faith, upon notice from an intellectual property
owner or their agent, is infringing the intellectual property of a third party by being made available through the Company Products.
12.3. The Company has discretion, however, to terminate the Account of any User after receipt of a single notification of claimed infringement or upon the
Company’s own determination.
13. Notification of Infringement
13.1. The Company reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (the “Infringement”) in respect of the Company Products, the Final Content, the Submitted Content and other materials on the Site (the “ Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes
Infringement and such Infringement is occurring on this Site, please notify the Company in writing immediately in the form and containing the information
prescribed by the Singapore Copyright Act (Cap. 63) (the “Infringement Notice”).
13.2. All Infringement Notices shall be sent to the Company’s address as follows:
13.2.1. Master Apprentice Network Pte Ltd
391B Orchard Road #23-01 Ngee Ann City Tower B 238874 Singapore,
or by email to support@FollowTheMentor.com
13.3. The Company will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action
or exercise any legal remedy you may have against the Company in respect of any Infringing Material, unless you have first given the Company the
Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter the Company refuses or fails to remove the Infringing
Material within a reasonable time. Where the Company removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and
you hereby waive any right of action against the Company under applicable law which you may have in respect of any Infringing Material appearing on the
Site prior to such removal by the Company.
13.4. You acknowledge and agree that the Company has no control and cannot undertake responsibility or liability in respect of Infringing Material
appearing on the websites that links on the Site connect to or other third party sites.
13.5. False Notifications of Claimed Infringement or Counter Notifications.
13.5.1. Any person who knowingly materially misrepresents (1) that material or activity is infringing, or (2) that material or activity was removed or
disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any
copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the Company
relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed
material or ceasing to disable access to it.
13.6. The Company reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in
violation of the applicable law.
14. Third-party Software
14.1. We may make third party software available to you from time to time. To access such third party software, you must first agree to the third party
software provider’s terms and conditions governing use of such software which agreement will be between you and the third party software provider. The
Company is not a party to any such arrangement between you and a third party software provider and disclaims any liability, and provides no warranties
relating to such software. This means that we do not guarantee that any third party software you access will be free of any contaminating or destructive
code, such as viruses, worms or Trojan horses. You acknowledge sole responsibility for and assume all risk arising from your download and use of any such
software.
15. Links
15.1. As you use the Company Products you may notice links to third-party websites or resources (the “Third Party Sites“). This may
include the Mentors sending links to Third Party Sites and/or causing Third Party Sites (such as study resources or online education pages) to pop-up for
your review. These links are for convenience only and may be of relevance and interest to the Users. If you use these links, you will leave the Site.
15.2. Certain of these Third-Party Sites may make use of the Company proprietary intellectual property rights (such as copyrights, trademarks, service
marks, logos and trade names) under license from the Company. The Company neither control nor endorse such other websites, nor have the Company reviewed,
screened, moderated or approved any content that appears on such other websites.
15.3. The Company is not responsible for the availability or content of these Third Party Sites or for any viruses or other damaging elements encountered
in linking to a Third Party Site, whether or not the Company is affiliated with the owners of such Third Party Sites.
15.4. In addition, the provisioning of these links to Third Party Sites is not an endorsement or approval by the Company of the organizations sponsoring
such Third Party Sites or their products or services, and you may be subject to offensive, harmful, or damaging content on such Third Party Sites.
15.5. These Terms do not apply to Third Party Sites, and you should review applicable terms and policies, including any relevant privacy policies,
associated with any Third Party Sites, applications, software or services.
15.6. You acknowledge and agree that the Company will not be held responsible or liable, directly or indirectly, for the legality, accuracy, or
inappropriate nature, including but not limited to mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity, of
any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damage of any sort incurred, or
alleged to be caused as the result of any such dealings you may have on or through a third party site or as the result of the presence of any content or
advertising on the third party sites.
16. The User and the Mentor Submitted Content
16.1. Any materials, information, communications or ideas that you upload, communicate or otherwise transmit or post to us on or through the Company
Products are the “Submitted Content“. We will not endorse or assume any liability for the Submitted Content. The User and the Mentor
assume full responsibility for any materials that you upload, stream or otherwise display through Site.
16.2. All of the Submitted Content will be treated as non-confidential and subject to the license below, and may be disseminated, reproduced, distributed,
publicly performed, publicly distributed, communicated to the public, and otherwise used and exploited by us for any purpose related to the delivery,
marketing, promoting, demonstrating or operating the Company Products, including, but not limited to, quality control, redistribution, or display to the
Users, professional development, as well as our developing, manufacturing, and marketing our current and/or future Services. Please do not submit any
personal information or data without first reading our Privacy Policy which explains our data use and privacy practices in detail.
16.3. For the Users, you have the right to remove all or any portion of your Submitted Content from the Services at any time. For the Mentors, you have the
right to remove all or any portion of your Submitted Content from the Services with the expressed consent of the Company.
16.4. However, such removal shall not terminate the grant of rights given to any of the Users who had rightful access or use of the removed the Submitted
Content prior to the date of removal.
16.5. Removal of the Submitted Content will serve as terminating the grant of rights to the Company (as stipulated in the Licensing Submitted Content
section) only if it is expressed as such by the User or the Mentor, and with respect only to the removed Submitted Content but not any other Submitted
Content.
16.6. You agree that we may record all or any part of any Company Products (including but not limited to lessons) for quality control, redistribution,
advertising and other purposes. We reserve the right to review the Sessions for any purpose.
16.7. The Site provides you with ability to upload or send information to FollowTheMentor regarding the Site or related Services (the “ Feedback”). By submitting the Feedback, you hereby grant FollowTheMentor and any participating institutions an irrevocable license to use,
disclose, reproduce, distribute, sublicense, prepare derivative works of, publicly perform and publicly display any such submission.
16.8. Each User hereby grants the Company and the relevant Mentor a non-exclusive worldwide royalty free license to record, use, reproduce, distribute,
display and perform any audio, video or textual contributions you make through the Services (including any recording of a lesson and the User therein), and
agrees that no additional consideration shall be required for such use. Such license granted by you is perpetual and irrevocable.
17. Licensing of the Submitted Content
17.1. While you retain any and all rights in any of the Submitted Content you make available through the Company Products, we need certain rights to the
Submitted Content in order to offer the Services. By uploading or otherwise making available any of the Submitted Content, you automatically grant and/or
warrant that the owner has granted to us, a non-exclusive, royalty-free, perpetual, world-wide, irrevocable, fully transferable license with the right to
grant sublicenses through multiple tiers of sublicenses to publicly display, publicly perform, distribute, store, transcode, syndicate, broadcast,
communicate to the public, reproduce, edit, modify, adapt, create derivative works, and otherwise use, reuse and exploit your Submitted Content (or any
portion or derivative works thereof) in any manner, in any medium, including but not limited to, any and all distribution outlets and channels, whether now
known or hereafter created, solely for the purposes of offering, delivering, marketing, promoting, demonstrating, and selling your Submitted Content and
the Services(either directly or through third party distributors), but not for any other purposes.
17.2. This license enables us to provide the Services and provide access to the Submitted Content and is not intended to otherwise limit your rights to the
Submitted Content. You hereby retain any and all rights that you have in and to your Submitted Content; provided, however, that you may not directly
license a User or a Mentor who acquires or accesses your Submitted Content through the Services, any such direct license shall be null and void and a
violation of these Terms.
17.3. The license granted to us as set forth in this section includes the right to distribute your Submitted Content through multiple tiers of sublicenses
and for such sublicenses to have all rights necessary for them to offer, deliver, market, promote, demonstrate, and sell your Submitted Content to the
Users and the right to edit your Submitted Content.
17.4. Your recording of the Company Product and any of its part thereof is solely for your personal, non-commercial, educational purposes and not for any
other purposes. All other uses are expressly prohibited absent our express written consent.
17.5. For the avoidance of doubt, the Users and the Mentors, you may not reproduce, copy, publish, redistribute, transmit, assign, sell, broadcast, rent,
share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any other Submitted Content that is not yours or the
Final Content or any recording of the Company Product unless we give you explicit permission to do so. The Submitted Content, and the Final Content and
recording of the Company Product is licensed, and not sold, to you.
17.6. You hereby waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with the exploitation or use of the
Submitted Content, or any portion thereof, solely as authorized in these Terms but not for any other purpose, or of your name, personality, likeness, image
or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling your Submitted Content, or any advertising or publicity
relating to the Services.
17.7. You hereby represent and warrant to the Company and any participating institutions that (a) you have all necessary licenses, rights, consents,
permissions and/or clearances necessary to provide and use the Submitted Content, and grant the rights set forth in these Terms to the Company with respect
to your Submitted Content, and permit the Company to use such Submitted Content as provided above; (b) such Submitted Content is accurate and reasonably
complete; (c) such Submitted Content does not and will not infringe or misappropriate any third party rights (including without limitation privacy,
publicity, intellectual property and any other proprietary rights, such as copyright, trademark and patent rights) or constitute a fraudulent statement or
misrepresentation or unfair business practice, and (d) the Company shall not need to obtain any licenses, rights, consents, or permissions from, or make
any payments to, any third party for any use or exploitation of your Submitted Content as authorized in these Terms or have any liability to your or any
other party as a result of any use or exploitation of your Submitted Content as authorized in these Terms.
18. Removal of the Submitted Content
18.1. You acknowledge that we may screen the Submitted Content, and that we shall have the right (but not the obligation), in our sole discretion, to
remove any of the Submitted Content, including terminating the Company Products from the Services without any liability to you.
18.2. Without limiting the foregoing, we have the right to remove any of the Submitted Content that violates these Terms, or in our judgment or sole and
absolute discretion, does not comply with these Terms and any other rules of the User conduct for our Site, or violates, or is alleged to violate, the
applicable law, or is otherwise harmful, inaccurate or objectionable.
18.3. We are not responsible for any failure or delay in removing such content.
18.4. All the Users and the Mentors hereby consent to such removal and waive any claim against us arising out of such removal of the Submitted Content.
18.5. Without prejudice to our right to edit your Submitted Content, we reserve the right to make edits and modifications to the Submitted Content for
clarity purposes, to replace misspellings, or other edits that would better help the process.
18.6. Notwithstanding this right, you remain solely responsible for the content of the materials you post in the public and private areas of the Services.
18.7. You agree that we may at any time, and in our sole discretion, terminate your membership, Account, or other affiliation with our Site without prior
notice to you for violating any of the above provisions.
18.8. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including
cooperating with law enforcement authorities in investigating suspected criminal violations.
18.9. You agree and acknowledge that we may preserve the Submitted Content and may disclose the Submitted Content if required to do so by law or in the
good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms, respond to claims
that any of the Submitted Content violates the rights of third parties or protect our rights, property or personal safety or that of our Users and our
Mentors and the public.
18.10. If you receive a notification from FollowTheMentor that material made available by you on or through the Site has been the subject of a Notification
of Claimed Infringement, then you will have the right to provide FollowTheMentor with what is called a “Counter Notification.” To be effective, a Counter
Notification must be in writing and sent to the Company’s address at Master Apprentice Network Pte Ltd,
391B Orchard Road #23-01 Ngee Ann City Tower B 238874 Singapore or by email to support@FollowTheMentor.com, and
include substantially the following information:
18.10.1. A physical or electronic signature of the subscriber;
18.10.2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before
it was removed or access to it was disabled;
18.10.3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake
or misidentification of the material to be removed or disabled; and
18.10.4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of any judicial district in
which Company may be found, and that the subscriber will accept service of process from the person who provided notification above or an agent of such
person.
18.10.5. A party submitting a Counter Notification should consult a lawyer or to confirm the party’s obligations to provide a valid counter notification
under the Copyright Act.
19. Code of Conduct
19.1. While using or accessing the Company Products you agree not to:
19.1.1. Use the Site for any unlawful purpose;
19.1.2. Restrict, inhibit, discourage, or interfere with any other visitor or the Users from using the Company Products, including, without limitation, by
means of “hacking” or “cracking” or defacing any portion of any of the Site or the Services;
19.1.3. Violate the privacy or other personal rights, including, but not limited to the right of publicity, of any person;
19.1.4. Harvest, collect information or disclose personal information about Site visitors or the Users, on or through the Company Products or obtained from
the Company Products without their express consent.
19.1.5. Create a false identity or impersonate any person or entity, including, but not limited to any of our Mentors, our Users, employees or
representatives, in any way;
19.1.6. Victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race,
ethnicity, age, or disability;
19.1.7. Use your or any Account to breach security of another Account or attempt to gain unauthorized access to the Services, to other Users’ or other
Mentors’ Accounts, names or personally identifiable information, or to other computers, websites, networks or servers, connected or linked to the Services;
19.1.8. Interfere with or disrupt the Company Products, networks or servers connected to the Company Products or violate the regulations, policies or
procedures of such networks or servers;
19.1.9. Express or imply that any statements you make are endorsed by us, without our prior written consent;
19.1.10. Directly or indirectly, send, submit, post, upload, transmit, receive or otherwise facilitate, or in any way use, or permit to be used, (a) any
content, language, imagery, or information that is unlawful, fraudulent, threatening, harmful, profane, sexually explicit, vulgar, harassing, abusive,
libelous, defamatory, obscene or containing blatant expressions of bigotry, racism, or hate, or otherwise objectionable, or infringes on our or any third
party’s intellectual property rights, including, but not limited to, copyrights, trademarks, patents or trade secrets; (b) any content, material,
non-public information about companies without the authorization to do so under contractual confidentiality obligations or fiduciary duties; or (c) any
advertisements, contests, sweepstakes, barter, promotional materials, solicitations, chain letters, pyramid schemes, investment opportunities, or other
unsolicited commercial communication without our prior written consent;
19.1.11. Engage in spamming or flooding;
19.1.12. Use or access the Company Products for organized partisan political activities.
19.1.13. Post, transmit or otherwise make available any software or other materials that contain any virus, worm, time bomb, spyware, Trojan horse, or
other harmful or disruptive component, or any other computer code, files, or programs that may or are designed or intended to disrupt, damage, hijack or
limit the functioning of any software, hardware, or telecommunications equipment, or any other aspect of the Company Products or communications equipment
and computers connected to the Company Products, or to damage or obtain unauthorized access to any data or other information of any third party.
19.1.14. Undertake, cause, translate, sell, sublicense, permit or authorize the modification, adaptation, creation of derivative works, translation,
reverse engineering, decompiling, disassembling or hacking of any aspect of the Company Products or any part thereof, or attempt to do any of the
foregoing, except as otherwise expressly permitted by us, the authorized features of the Company Products, or by law, or otherwise attempt to use or access
any portion of the Services other than as intended by the Company;
19.1.15. Copy, reproduce, distribute, transmit, broadcast, license, publicly display, publicly perform, communicate to the public, sell, trade, resell,
create derivative works from or otherwise use and exploit any portion of the Company Products, use of the Company Products, access to the Company Products,
content obtained through the Company Products, the Submitted Content or the Final Content , for any purpose other than expressly permitted by these Terms,
including, by way of example and not limited to, by doing or engaging in any of the following without the Company’s express written consent;
19.1.15.1. framing, embedding and/or passing off the Submitted Content or the Final Content obtained from the Company Products in such a manner as to
present them as originating from a source other than the Company Products;
19.1.15.2. copying, caching or reformatting any of the Submitted Content or the Final Content for commercial purposes in any manner whatsoever, whether by
copying to physical or electronic media for purposes of buffering delivery or converting transmissions from the Company Products to alternative delivery
formats;
19.1.15.3. altering, defacing, mutilating or otherwise bypassing any approved software through which the Company Products are made available; and
19.1.15.4. using any trademarks, service marks, design marks, logos, photographs or other content belonging to the Company or obtained from the Company
Products;
19.1.16. Remove any copyright, trademark, or other proprietary rights notices contained in the Site;
19.1.17. Create more than one profile without our express written consent;
19.1.18. Permit anyone else whose Account or subscription was terminated to use the Site through your subscription, username or password;
19.1.19. Use the Company Products to recruit, solicit, or contact any of the Mentors or the Users to work with or for another company for employment,
independent contracting services, performances, or other services; or
19.1.20. Assist or permit any persons in engaging in any of the activities described above.
19.2. While using the Company Products, you agree to comply with all applicable local, state, national or international laws, rules and regulations
(including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret,
libel, slander or defamation).
19.3. Any unauthorized or prohibited use of the Company Products may subject the offender to civil liability and criminal prosecution under all applicable
laws, rules and regulations.
19.4. Personal and confidential information: No one shall publish another person’s personal and confidential information. For example, no one shall post
another person’s credit card numbers, social security numbers, unlisted phone numbers, and driver’s license numbers. Please note that in most cases,
information that is already available elsewhere on the Internet or in public records is not considered to be private or confidential under our policies.
19.5. Impersonating others: No one shall mislead or confuse other Users or other Mentors by pretending to be someone else or pretending to represent an
organization when you do not.
19.6. If the Company provides you with information about another User, you agree you will use the information only for the purposes it is provided to you.
You may not disclose, sell, rent, or distribute a User’s information to a third party for purposes unrelated to the Services. Additionally, you may not use
such information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific User to do so.
19.7. Please be advised that we prohibit content or the Company Products on your profile that offers sexual activity, posts nudity, any offensive
anatomical or sexual references, material that contains sexually suggestive, connotative, obscene (i.e., pornographic) language or images, or expresses
profanity.
19.8. If you encounter any content that you believe violates the Code of Conduct, please report it to us by emailing to support@FollowTheMentor.com.
19.9. You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any
content or data on or related to the Company Products in a manner not authorized by the Company in writing.
19.10. You may not engage in practices of “screen scraping,” “database scraping” or any other practice or activity the purpose of which is to obtain lists
of users, portions of a database, or other lists or information from the Company Products, in any manner and any quantities not authorized by the Company
in writing.
19.11. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout
or form) of the Company or its affiliates without express written consent. You may not use meta tags or any other “hidden text” utilizing the Company name
or trademarks without the express written consent of Company.
19.12. We will review these flags for Code of Conduct violations. If the content does not violate our Code of Conduct, we will not take any action against
the User or the Mentor. If we find that a content does violate our Code of Conduct, we take the appropriate action based on the severity of the violation,
including but not limited to the following actions:
19.12.1. Delete the offending content
19.12.2. Disable the User’s or the Mentor’s access to his/her Account
19.12.3. Report the offender to law enforcement agency
20. Specific Obligations of the Mentors
20.1. When you registered with the Site as a Mentor, you agree that:
20.1.1. You shall provide the Mentor Services via the Site for the duration of this Agreement with reasonable skill and care.
20.1.2. You shall continuously communicate with the Company regarding progress made by you in performing the Mentor Services.
20.1.3. You shall not use the Company Products for any business other than for providing consulting, teaching and instructional services to the Users of
the Site;
20.1.4. You will read and abide by the pricing information (see the Payments, Product Scheduling, Booking, Cancellation and Conducting Procedure section
above) before using the Site;
20.1.5. The Mentor is fully responsible for all of the content, including but not limited to the Submitted Content, the Mentor provides in, through, or
arising out of the Mentor’s use of the Company Products, and for the accuracy of the information therein. In connection with the content the Mentor
provides, the Mentor affirms, represents, and/or warrants that the Mentor owns or has the necessary licenses, rights, consents, and permissions to use and
authorize the Company to reproduce, edit, distribute, publicly perform (including by means of digital audio transmission), publicly display, communicate to
the public, and/or otherwise use and exploit all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of such
content to enable inclusion and use of such content in the manner contemplated by the Site and these Terms, and to promote the availability of such content
on and through the Site and in any and all media, whether now known or hereafter created.
20.1.6. The Mentor shall honor each and every Company Product (including but not limited to lesson) registered through the Site at the price and time
listed in the Company Products and the Mentor shall perform the services as stated in the Company Products;
20.1.7. “Base Price” means the course price set by the Mentor.
20.1.8. “Sale Price” means the actual sale price for the Company Product.
20.1.9. “Net Amount” means the amount actually received from Users for the Company Product(s) offered by you, less any refunds paid,
applicable sales, transaction fees, administrative and handling fee or other taxes (VAT in EU), and any amounts paid in connection with Marketing Programs
that You participate in.
20.1.10. You will be solely responsible for determining the Base Price you charge the Users for the Company Product offered by you. The Company determines
the Sale Price.
20.1.11. The Net Amount will typically be based on the Base Price, but Company reserves the right to increase or decrease the Base Price in connection with
the Company’s marketing and promotional efforts (including through Marketing Programs).
20.1.12. The percentage of Net Amount Mentor will receive
20.1.12.1. Each Mentor will be given an “Affiliate Link” to their Product(s), Whenever Your Product(s) has been purchased by a User
through Your Affiliate Link, You shall receive an amount equal to 90% of the Net Amount.
20.1.12.2. If Your Product has been purchased by a User through the website or other website link other than Your Affiliate Link, You shall receive an
amount equal to 60% of the Net Amount.
20.1.13. You agree to charge only for your own Submitted Content.
20.1.14. The Company will handle billing and other fee interaction with Users.
20.1.15. “Marketing Programs” include, but are not limited to, Company’s Deals Program and Marketing Boost Program.
20.1.16. By using Company’s Products, You are automatically be enrolled into our Marketing Programs. If You do not wish to participate in Marketing
Programs, email us your intention at admin@followthementor.com.
20.1.17. The “FollowTheMentor Deals Program” is the Site’s Marketing Program that utilizes highly segmented discounting via email and other channels
designed to price test and find the optimal price for the Company Product(s) offered by you. Typical deals offered under the Site’s program include both Percentage Promotions (e.g., 30% off) as well as Fixed-Price Promotions (e.g., $10, $19 or $29 deals).
20.1.18. FollowTheMentor Deals Programs come in two primary formats:
20.1.18.1. Percentage Promotions: By participating in Percentage Promotions, you agree that we may offer the Company Product(s) offered by you in limited
time deals and price tests for a discount of up to and including 30% off the Base Price.
20.1.18.2. Fixed-Price Promotions: By participating in Fixed-Price Promotions, you agree that we may offer the Company Product(s) offered by you in limited
time deals and price tests for a Sale Price that will be less than the Base Price. Unlike Percentage Promotions, the Sale Price may represent a discount
exceeding 30% depending on the applicable Base Price.
20.1.19. “Marketing Boost Program”: A Multi-Channel Marketing Program to Drive Sales of Your Product. This is done by promoting courses
through Partner sites (“Affiliates”) and third-party deal sites (“Deal Partners” and with Affiliates, “External Partners”) and digital marketing (such as
paid advertising).
20.1.20. When you list an item on the Site, you may be charged a handling fee to approve the listing of the Company Product(s) offered by you. If
applicable, you’re charged one handling fee per listing, per category, per submission, regardless of the quantity of items.
20.1.21. We reserve the right to suspend your account and remove referrals should we notice any activity we determine as abuse of the referral program.
20.1.22. You authorize the Company to perform the appropriate calculations, deduct and retain the transaction fee, and pay You the percentage of the Net
Amount as indicated above.
20.1.23. However, in the event that the Company expressly and directly commissions You to produce content for the Company, then the agreed upon fees,
conditions and revenue share will be posted in an Addendum placed in your online Statement.
20.1.24. The Company shall determine the amount owed to You on a quarterly basis. Within 30 days of the close of each quarter in which Company has sold any
items containing content which You have provided, the Company shall provide You with an online statement and pay you through PayPal.
20.1.25. You are solely responsible for monitoring your online Statement and the accounting therein.
20.1.26. Mentor Payment Schedule
20.1.26.1. Fees for classes are collected by the Company from Users via PayPal or Braintree and (subject to the below) are then remitted to the Mentor via
PayPal. Assuming receipt by FollowTheMentor of payment from a student, fees for Products will be remitted to teacher within five (5) business days after
the purchase of the Product.
20.1.26.2. Assuming receipt by FollowTheMentor of payment from a User, fees for Products will be sent to PayPal or Braintree for processing on the first
regularly scheduled “payment date” after the expiration of the refund period described above. Regularly scheduled “payment dates” are on the 16th of each
month (or if any such day is not a business day, the next succeeding business day).
20.1.26.3. Payouts sent between 16th to 20th of each month are for transactions that have occured in the previous calendar month, beginning 14 days after
your official launch date.
20.1.26.4. Teachers and students agree that the Company’s responsibility is solely to process payments as set forth above, and the Company is not party to
any transaction between any Users and/or Mentor and cannot be held responsible for any issues arising from any such transaction.
20.1.26.5. The Company reserves the right to make any adjustments to and/or deductions of the account balance of the Mentor in its sole discretion in the
event of a dispute by a User in relation to the performance of the Mentor Services by the Mentor, fraud or any lack of performance of the Mentor Services
by the Mentor. If there is insufficient fund in the Mentor’s account balance for the adjustments and/or deductions, the Company may deduct funds from the
Mentor’s PayPal account or charge the Mentor’s on file credit card. By agreeing to this Agreement, the Mentor agrees to allow the Company to make these
adjustments or deductions.
20.1.26.6. Payment when Mentor account is suspended or terminated
20.1.26.7. The account of the Mentor may be suspended by the Company, either permanently or temporarily, if, in the Company’s sole discretion, the Company
is of the view that any acts and/or omissions of the Mentor is harmful to the Company.
20.1.26.8. If the account of the Mentor is permanently suspended from the Site, or if the Mentor terminates his/her Mentor’s account, any payment to the
Mentor shall be withheld by the Company for a minimum of 90 days to allow for settlement of outstanding disputes and/or bookings.
20.1.26.9. Once the 90-day period as described in clause 20.1.24.6 above has passed, the Mentor may contact the customer support of the Site to request
reconciliation of the account. This is not, however, a guarantee of payment. Payment may be withheld indefinitely in cases of fraud as stipulated in clause
20.1.24.3 above.
20.1.26.10. If the account of the Mentor is temporarily suspended from the Site, his/her account shall be placed in no payment status and he/she shall not
receive any payment until after his/her account has been reinstated at the Site.
20.1.26.11. You must have a payment method on file when selling on FollowTheMentor and pay all fees and applicable taxes associated with our Products and
Services by the payment due date. If your payment method fails or your account is past due, we may collect fees owed by charging other payment methods on
file with us, retaining collection agencies and legal counsel, and, for accounts over 180 days past due, requesting that PayPal deduct the amount owed from
your PayPal account balance. In addition, you will be subject to late fees. The Company, or the collection agencies we retain, may also report information
about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit
report.
20.1.26.12. The Company shall not be responsible for any taxes derived from the Mentor’s net income or for the withholding and/or payment of any income or
other payroll taxes, workers’ compensation and benefits or other legal requirements applicable to the Mentor.
20.1.26.13. You are responsible for remitting the taxes to the appropriate taxing authority, for sales of any of Products or Submitted Content (which may
be different to the tax authority in your own location). FollowTheMentor is unable to provide you with tax advice and You should consult your own tax
advisor. You will indemnify and hold FollowTheMentor harmless against any and all claims by any tax authority for any underpayment of VAT, and any
penalties and/or interest thereon.
20.1.27. Marketing Programs
20.1.27.1. You acknowledge that the Company has the sole discretion to determine the sale price and which Courses to offer as part of Marketing Programs.
20.1.27.2. Further, the Company does not guarantee any minimum level of success in connection with any Marketing Programs, and its selection of Product(s)
to include is not an endorsement of those Product(s), or of You.
20.1.27.3. As part of Your participation in Marketing Programs, You give Us permission to share Your Product(s), and information about You and the
Product(s) with FollowTheMentor employees and selected partners, for which you will not receive compensation.
20.1.27.4. There is no upfront cost to put this full-scale marketing attack to work selling Your Product(s).
20.1.27.5. FollowTheMentor Marketing Boost Program Terms & Conditions: When an External Partner promotes Your Course and the student purchased the
Company Products through them, 30% of the Net Amount will be paid to the External Partner.
20.1.27.6. When FollowTheMentor, at its option, purchases and places advertisements for Your Product(s) on third party websites, and tracks the resulting
sales through appropriate means (including, but not limited to, tracking pixels, cookies and the like) (“Paid Advertising”), there will be fees associated
with such activities.
20.1.27.7. By participating in the FollowTheMentor Marketing Boost Program, You agree that FollowTheMentor: (i) may employ External Partners and Paid
Advertising to promote Your Product(s); and (ii) may deduct External Partner fees or Paid Advertising fees before calculating the amount remitted to you.
You acknowledge that Your revenue share may vary.
20.1.28. You are fully responsible for all of the content, including but not limited to the Submitted Content, you provides in, through, or arising out of
the your use of the Company Products, and for the accuracy of the information; In connection with the content you provides, you affirms, represents, and/or
warrants that you own or has the necessary licenses, rights, consents, and permissions to use and authorize the Company to reproduce, edit, distribute,
publicly perform (including by means of digital audio transmission), publicly display, communicate to the public, and otherwise use and exploit all patent,
trademark, trade secret, copyright or other proprietary rights in and to any and all of such content to enable inclusion and use of such content in the
manner contemplated by the Site and this Agreement and the Terms of Use, and to promote the availability of such content on and through the Site and in any
and all media, whether now known or hereafter created.
20.1.29. The Company reserves the right to, but is under no obligation, to delete the listing of any Product(s) at any time and for any reason.
20.1.30. We require payment in full each month on accounts with an amount due of $1 or more. If you haven’t paid the amount due by the payment due date
each month, late fees may apply. Learn more about payment requirements, due dates, and late fees.
20.1.31. You shall honor each and every Product registered through the Site at the price and time listed in the Company Products and you shall perform the
Products as stated in the Company Products;
20.1.32. You shall not circumvent FollowTheMentor’s payment system including but not limited to by asking the Users to make payments directly to you for
any classes offered through FollowTheMentor or materials related to the Products.
20.1.33. You have to indemnify the Company in the event that the Company is sued or otherwise suffers any damages as a result of any actions, activities
and/or omissions of the Mentor.
20.1.34. You hereby represent and warrant that you have the required qualifications, credentials and expertise, including but not limited to education,
training, knowledge and skill sets, to teach and offer the Products, and that the credentials you posts and/or provided to the Company for posting on and
through the Site are accurate, truthful, complete, and not misleading.
20.1.35. You shall not upload, post, distribute or otherwise transmit any inappropriate, offensive, racist, hateful, sexist, sex-related, false,
misleading, infringing, defamatory or libelous contents through the Company Products or to the Users.
20.1.36. You shall not upload, post, distribute or otherwise transmit any unsolicited or unauthorized advertising or promotional materials, viruses, junk
mails, spams, chain mails, pyramid schemes or other such data, or any other form of solicitation (commercial or otherwise) through the Company Products or
to the Users.
20.1.37. You shall not copy, modify or distribute the Company Products, including trademarks and copyrights thereof.
20.1.38. You shall not interfere with or otherwise prevent other Mentors from providing their Products.
20.1.39. You shall not engage in any activities that will require the Company to obtain any licenses from or pay any royalties to any third parties,
including, by way of example and not limited to, the payment of royalties for the public performance of any musical works or sound recordings.
20.1.40. You shall keep the details of each and every Product up-to-date, and respond to the Users seeking the Products in a timely fashion, so as to
ensure the quality of services provided to the Users.
20.1.41. If you are under the age of 18, but is qualified to be a mentor, you shall obtain parental or legal guardian permission as and when needed, and
before signing this Agreement.
20.1.42. If you are in a state or locale where any form of educating or instructing requires a license, credential, certification or other form of
governmental or third party license, consent, authorization or permission, you shall not use the Company Products or registered as a mentor on the Site
until such license, consent, authorization or permission is obtained.
20.1.43. You opts in to FollowTheMentor’s mentor newsletter which will be sent to all mentor registered with the Site from time to time. Such mentor
newsletter is meant to inform the Mentors of the Site of important updates, new policies and procedures.
20.1.44. You hereby grant to the Company, and the act of delivering any content material to the Company is a grant to them, a worldwide, royalty free
license to create, market, sell, display, reproduce, distribute, distribute for free via promotional devices, transmit, publicly perform, publicly display
and distribute reproductions of the content and materials which You provide to the Company.
20.1.45. You further grant the use of your name and likeness solely in connection with your content. As part of the license, You agree to provide the
Company with additional information about the content and material which may assist in the marketing and distribution of such items and the grant of
license includes the right for the Company to publish such additional information and descriptions of the material to enable potential customers the
opportunity to investigate and receive additional information about the content and material.
20.1.46. The Company shall market any content provided by You in accordance with this Agreement and shall faithfully reproduce the content in a digital
format. The Company may include its own identifying information pertaining to its company and services offered to the general public, provided that such
notice does not cause confusion as to the authorship, ownership and original origin of any material and content which YOU provide. As a means to drive
traffic to the Company website, The Company has developed various marketing promotions whereby a nominal fee may be charged as part of the use of the
promotion to cover its cost. Any fees charged shall not constitute payment to the Company for content regardless of the use by any third party of the
various promotions, which may include procuring content You provided for free. The Company agrees that all material relating to the specific content, which
You provide, shall identify You as the source of the content and will comply with any reasonable trademark guidelines You may establish.
20.1.47. The Mentor shall indemnify the Company in the event that the Company is sued or otherwise suffers any damages as a result of any actions,
activities and/or omissions of the Mentor.
20.1.48. The Mentor represents and warrants that he/she has the required qualifications, credentials and expertise, including but not limited to education,
training, knowledge and skill sets, to teach and offer the Mentor Services, and that the credentials the Mentor posts and/or provided to the Company for
posting on and through the Site are accurate, truthful, complete, and not misleading.
20.1.49. The Mentor shall not upload, post, distribute or otherwise transmit any inappropriate, offensive, racist, hateful, sexist, sex-related, false,
misleading, infringing, defamatory or libelous content through the Company Products or to the Users.
20.1.50. The Mentor shall not upload, post, distribute or otherwise transmit any unsolicited or unauthorized advertising or promotional materials, viruses,
junk mails, spams, chain mails, pyramid schemes or other such data, or any other form of solicitation (commercial or otherwise) through the Company
Products or to the Users.
20.1.51. The Mentor shall not copy, modify or distribute the Company Products, including trademarks and copyrights thereof.
20.1.52. The Mentor shall not interfere with or otherwise prevent other Mentors from providing their Mentor Services or Lessons.
20.1.53. The Mentor shall not engage in any activities that will require the Company to obtain any licenses from or pay any royalties to any third parties,
including, by way of example and not limited to, the payment of royalties for the public performance of any musical works or sound recordings.
20.1.54. The Mentor shall keep the details of each and every Lesson up-to-date, and respond to the Users seeking the Mentor Services in a timely fashion,
so as to ensure the quality of services provided to the Users.
20.1.55. If the Mentor is under the age of 18, but is qualified to be a mentor, the Mentor shall obtain parental or legal guardian permission as and when
needed, and before signing this Agreement.
20.1.56. If the Mentor is in a state or locale where any form of educating or instructing requires a license, credential, certification or other form of
governmental or third party license, consent, authorization or permission, the Mentor shall not use the Company Products or registered as a mentor on the
Site until such license, consent, authorization or permission is obtained.
20.1.57. The Mentor opts in to FollowTheMentor’s mentor newsletter which will be sent to all mentors registered with the Site from time to time. Such
mentor newsletter is meant to inform mentors of the Site of important updates, new policies and procedures.
20.1.58. Marketing and Promotion
20.1.58.1. The following services will be supplied by the Company and/or its independent subcontractors for the purposes of creating designs for the
look-and-feel of the the Site and to create marketing and promotional materials relating to the Site and the Company:-
20.1.58.2. Selection by the Company of images, videos, text and/or other marketing materials related to the Mentor that meet the standard of quality as
decided in the sole discretion of the Company. The Mentor shall supply the Company with photographs, videos, text and/or other marketing materials in
digital format. The Company is not responsible for writing or inputting any text copy.
20.1.58.3. Editing of such images, videos, text and other marketing materials provided by the Mentor, including but not limited to the Submitted Content,
where deemed necessary by the Company. The Company shall have the right to edit such images, videos, text and other marketing materials supplied by the
Mentor where the Company deemed best fit for the Company, including but not limited to inclusion of the same in the Final Content. All editing decisions
are in the sole discretion of the Company. The Company has no obligation to perform any editing of such images, videos, text and other marketing materials
for the Mentor.
20.1.58.4. The Final Content will be developed or created by the Company using with or without the Submitted Content or any other works commissioned by the
Company, and incorporated into and delivered as part of the Services.
20.1.58.5. In the unlikely event that the Mentor is not satisfied with the Final Content, the Mentor may choose to (i) accept the Final Content as it is or
(ii) engage independent contractors to edit his/her Submitted Content at his/her own expense. The Company reserves the right to refuse to upload any
Submitted Content given by the Mentor for any reason.
20.1.58.6. Uploading the Final Content onto the Site, the Company’s marketing channels and other third party channels.
20.1.58.7. Marketing and advertising services for the Mentor. The Company will use reasonable judgement in providing online marketing and advertising
services to promote the Mentor and/or their Product(s). The Company does not guarantee that its judgement will be the best course of action or will not
result in penalties or that traffic and placement of the Mentor’s Product(s) will increase (or will not decrease) as a result of the Company’s exercise of
its judgement in providing the said marketing and advertising services to the Mentor. Increased traffic and placement does not in any way guarantee
generation of and the Mentor will benefit from increased sales, revenue or sales conversions, or that such increased user traffic will represent the
quality of the User or target audience the Mentor is trying to reach. The amount of increase in online traffic to the Site in respect of the Mentor is
largely dependent on the Submitted Content, the Lessons and/or the Mentor Services the Mentor is providing and other quantifiable and unquantifiable
factors not under the Company’s control.
20.1.58.8. The Company may use independent contractors in the process of creating the Final Content and to conduct artistic modifications of the Submitted
Content. The Mentor agrees to hold the Company harmless from any liability and indemnify the Company regarding any civil matter of any nature regarding any
actions or inactions, negligence, intentional torts and civil and criminal wrongs of any and all nature regarding any independent contractor who is
involved with the modification, enhancement and possession, distribution and copying of the Submitted Content and the Final Content. If, at any time, the
Mentor learns of any misdirection or misuse of the Submitted Content, the Mentor should advise the Company of the same, as the Company may terminate the
services of any contractor responsible for such misdirection or misuse.
20.1.58.9. The Mentor acknowledges and agrees that the Company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any
of the Submitted Content, the Final Content, communications or personalization settings of the Mentor. The Mentor is responsible for obtaining access to
the Company Products, including but not limited to the services described above and such access may involve third-party fees (such as fees charged by
Internet service providers) and the Mentor is solely responsible for such fees. In addition, the Mentor shall provide and is responsible for all equipment
necessary to access the Company Products, including but not limited to the services described above.
20.1.59. Intellectual Property
20.1.59.1. The Submitted Content, including all pre-existing trademarks and copyright materials, shall remain the sole property of the Mentor. The Mentor
owns text content, photographs and other data the Mentor provided, unless someone else owns them.
20.1.59.2. The Mentor guarantees to the Company that any elements of text, graphics, photos, videos, designs, trademarks, or other artwork that the Mentor
provides to the Company are either owned by the Mentor, or that the Mentor has permission to use them. To the best of the knowledge of the Mentor, the
Submitted Content does not infringe the rights of any third party, and the use of the Submitted Content as well as any trademarks or copyrights in
connection with this Agreement does not and will not violate the rights of any third parties.
20.1.59.3. The Mentor hereby grants to the Company a non-exclusive, royalty-free and unlimited license to use, publish, copy, modify, transmit, display and
distribute the Submitted Content in any form, including but not limited to inclusion of the same in the Final Content. The Mentor also grants to the
Company the right to display the Submitted Content as examples of his/her work in his/her portfolio and as content features in other projects, including
the right to include the name of the Mentor on customer lists of the Company and to issue press releases in which the relationship between the Company and
the Mentor and a description of the project involved may be described. The Mentor warrants that all moral rights in any Submitted Content have been waived
and/or do hereby waive any such moral rights. All licenses and rights granted in clause 7.1 herein shall survive expiration or termination of this
Agreement.
20.1.60. Final Content
20.1.60.1. The Company owns the Final Content (including its intellectual property) that the Company creates for the Mentor. The Mentor is granted a
non-exclusive license to use the Final Content for non-commercial purposes. Such license may be terminated in the sole discretion of the Company without
giving any reason and shall not survive the expiration or termination of this Agreement.
20.1.60.2. The license referred to in clause 7.2.1 above shall not become effective and the Mentor may not use the Final Content unless and until this
Agreement is signed by the Mentor and a copy of the signed Agreement is received by the Company.
20.1.60.3. The Mentor shall not directly or indirectly induce, entice or solicit or attempt to induce, entice or solicit any Users to take online lessons
with the Mentor or any other mentors through means other than the Site. This provision survives the termination or expiration of this Agreement.
20.1.61. Independent Contractor
20.1.61.1. The Mentor is an independent contractor of the Company. Nothing contained in this Agreement shall be construed to create the relationship of
employer and employee, principal and agent, partnership or joint venture or the Mentor being affiliated with the Company. The Mentor shall have no
authority to act as agent for, or on behalf of, the Company or to represent the Company, or bind the Company in any manner, except as expressly stated in
this Agreement.
20.1.61.2. The Mentor shall provide the Lessons under the general direction of the Company and according to this Agreement and the Terms of Use.
20.1.61.3. The Mentor and the Lessons conducted by the Mentor shall not be deemed a work for hire.
20.1.61.4. All rights, if any, granted to the Mentor are contractual in nature and are wholly defined by this Agreement and the Terms of Use.
21. Specific Obligations of the Users
21.1. As a User in search of or engaging the Mentors, you agree that:
21.1.1. You have read, understood, and you agree to be bound by the pricing information (see the Payments, Product Scheduling, Booking, Cancellation and
Conducting Procedure section above) before using the Site or booking a Company Product;
21.1.2. If you are under the age of 18, you have obtained parental or legal guardian consent before using the Site, or booking a Company Product.
21.1.3. You opt in to the FollowTheMentor user newsletter which will be sent to all of the Users from time to time. The User newsletter is meant to inform
the Users of important updates, new policies and procedures.
21.1.4. You also agree that you will not do any of the following on or through the Company Products:
21.1.4.1. upload, post, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, viruses, junk mail, spam,
chain mails, pyramid schemes or other such data, or any other form of solicitation (commercial or otherwise) through the Company Products or to the Users;
21.1.4.2. distribute or post any inappropriate, offensive, racist, hateful, sexist, sex-related, false, misleading, infringing, defamatory or libelous
content;
21.1.4.3. manipulate or interfere with the Company Products;
21.1.4.4. copy, reproduce, distribute, transmit, broadcast, license, publicly display, publicly perform, communicate to the public, sell, trade, resell,
create derivative works from or otherwise use and exploit any of the Submitted Content or other content obtained from any of the Company Products without
our express written permission or the permission of the Mentor who authored such Submitted Content, excluding only reproductions made for your personal,
non-commercial use or for a reproduction and distribution back to a Mentor as part of a Company Product;
21.1.4.5. disclose any information to a Mentor that could be considered personally identifiable information including, but not limited to, your full name,
address, telephone number, email address, social security number, password or any other information that could be used to identify or locate you; and
solicit personal information from any of the Mentor; you agree that if any of the Mentor ever discloses such information to you, asks you for any personal
information, or suggests any offline meeting or conversation, you agree to immediately report this to us by phone and in writing, via support@FollowTheMentor.com.
21.1.4.6. The fees paid by a User do not purchase exclusive rights to web pages on FollowTheMentor. We may, in our sole discretion and without consent from
or payment to Users, display third-party advertisements (including links and references thereto) and listings from other parties on any FollowTheMentor web
page.
22. Disclaimer and Liability Waiver
22.1. The Site provides a medium of teaching and learning for the Mentors and the Users. We do not hire or employ Mentors nor are we responsible or liable
for any interactions involved between the Mentors and the Users.
22.2. You agree that under no circumstances is the Company liable or responsible for disputes, claims, losses, injuries or any incidental, consequential,
material, punitive, physical damage, bodily injury, emotional distress, discomfort, mental, or other damages of any nature that might arise out of or in
connection with the actions or inactions, or relate to conduct of the Mentors or the Users, including, but not limited to, any User’s reliance upon any
information provided by a Mentor.
22.3. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of the Mentors or
the Users.
22.4. We do not warrant the services provided by any of the Mentor listed on the Site.
22.5. It is up to the parties involved to choose the Mentor best suited for each User.
22.6. You should verify all claims and do your own research before choosing a mentor in FollowTheMentor’s newsletter or the Site.
22.7. You agree and acknowledge that nothing in these Terms or otherwise with respect to your access or use of any of the Company Product or the Site (a)
establishes any relationship between you and any university or other educational institution with which we may be affiliated, (b) enrolls or registers you
in any university or other educational institution, or in any course offered by any university or other educational institution, or (c) entitles you to
access or use the resources of any university or other educational institution beyond the Company Products provided by the Site.
22.8. We make no warranty regarding any transactions through this Site that is not executed according to the Company Product scheduling, booking and
conducting procedure (as prescribed above) and you understand and agree that such transactions are conducted entirely at your own risk.
22.9. Any warranty that is provided in connection with any products, services, materials, or information available on or through Site from a third party is
provided solely by such third party, and not by us or any other of our affiliates.
22.10. We do not endorse any of the Submitted Content posted on the Site, nor any links to other websites, and, as such, do not guarantee in any manner the
reliability, validity, accuracy, completeness, usefulness or truthfulness of such Submitted Content.
22.11. Under no circumstances are we responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the
service, or transmitted to the Users.
22.12. We cannot guarantee that each of the Users is at least of the required minimum age, nor do we accept responsibility or liability for any content,
communication or other use or access of the Site by persons under the age of 13 in violation of this Agreement.
22.13. Unless noted otherwise, we do not conduct background checks or otherwise screen the Users and the Mentors registering to the Site in any way. As a
result, we will not be liable for any damages, direct, indirect, incidental and/or consequential, arising out of the use of this Site, including, without
limitation, damages arising out of communicating and/or meeting with other members of the Site, or individuals introduced to you via the Site. Such damages
include, without limitation, physical damages, bodily injury and or emotional distress and discomfort.
22.14. It is remotely possible for others to obtain personal information about you due to your use of the Site, and that the recipient may use such
information to harass or injure you. We are not responsible for the use of any personal information that you disclose on the Site. Please carefully select
the type of information that you post on the Site or release to others.
22.15. You understand and agree that temporary interruptions of the Services may occur as normal events. You further understand and agree that we have no
control over third party networks you may access in the course of the use of the Site, and therefore, delays and disruption of other network transmissions
are completely beyond our control.
22.16. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Company Products. The Company and the
Mentors do not make any representations regarding your ability to transmit and receive information from or through the Site, and you agree and acknowledge
that your ability to access the Company Products may be impaired.
22.17. The Company is not liable for failure to create the Final Content and/or to provide the Company Products if such failure is the result of Acts of
God (including but not limited to fire, flood, earthquake, storm, or other natural disaster), war, or interruption or failure of electricity or telephone.
22.18. The Company shall not be liable for any losses or damages incurred by the Mentor in respect of any use of the Company Products by the Mentor.
22.19. This Site could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the Company Products and Services
at this Site, including but not limited to the prices and the Company Product descriptions, at any time without notice.
22.20. You understand that when using the Company Products, participating in or obtaining information from a Company Product, or accessing the Final
Content or the Submitted Content, you may be exposed to products, photographs, music, artwork, messages, instructional information, and other materials
from a variety of sources, and that the Company is not responsible for the accuracy, integrity, quality, legality, usefulness, safety or intellectual
property rights of or relating to such products, content or materials.
22.21. You further understand and acknowledge that you may be exposed to products, content or materials that are inaccurate, harmful, dangerous, offensive,
indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company
with respect thereto.
22.22. The Company Products, the Final Content, third party content, the Submitted Content, the Company Products, and any portions of any of the foregoing,
made available on or through or in relation to the Site or the Services, are provided on an “as is,” “as available,” ” with all faults” basis without representations or warranties of any kind, either express or implied, including, but not limited to, in
terms of correctness, safety, accuracy, reliability or otherwise, in any communication with our representatives, or us or otherwise with respect to the
Site.
22.23. You agree not to hold us (or our agents or employees) liable for any instruction, advice or services delivered that originated through the Company
Products, or in connection with the Final Content, or any portion thereof.
22.24. You understand and agree that you use, access, download, or otherwise obtain information, materials, the Company Products, or data through the
Company Products, any associated sites or applications, and any third party sites at your own discretion and risk and that you will be solely responsible
for any damage or destruction to your property (including your computer system used in connection with the Company Products), injury to yourself or others,
or loss of data that results from the download, use, or reliance upon such information, materials, the Company Products, or data.
22.25. Some Company Products involve active movements, such as physical exercise, stretching, cardiovascular activity, endurance, and other forms of
physical exertion. As a User who booked a Company Product as described above, you understand and agree that you are participating in a Company Product that
at times may involve strenuous physical activity including but not limited to aerobic exercise, weight training, stretching, and other aerobic and
anaerobic conditioning. You also understand that fitness activities involve a risk of injury and that you are voluntarily participating in these
activities. You hereby agree to expressly assume and accept any and all risk of injury and death.
22.26. If your use of the Company Products, the Final Content, the Services, the Company Products, or the Submitted Content or any portion thereof results
in the need for servicing, repair or correction of any equipment or data or medical attention to you or others, you assume any and all costs thereof.
22.27. We reserve the right, at any time and in our sole discretion, to modify or change the Company Products or the Submitted Content. We provide no
guarantee of any kind that the Site, code, layout, design, search algorithms, search results, functionality, or any other item related to the Site and the
Submitted Content will not materially change after your registration of an Account with us.
22.28. Under no circumstances is Master Apprentice Network Pte Ltd, our partners, directors, officers, employees and agents liable for any incidental,
consequential, punitive, indirect or special damages, whether foreseeable or unforeseeable, of any nature whatsoever arising out of or in connection with
providing or failing to provide service, or any change in the functionality of the Site, including, without limitation, lost profits or loss of business,
or relating to these Terms of Use, your use or inability to use any of the Company Products, errors, data loss, failure to store any User communications or
personalization settings, interruption in availability of data, any purchases on this Site, your placement of content on the Site, or your reliance upon
information obtained from or through any of the Company Product or the Site, even if we or an authorized representative of the Company has been advised of
the possibility of such damages, or to any person other than you, except only in the case of death or personal injury where and only to the extent that
applicable law requires such liability.
22.29. To the fullest extent permissible pursuant to applicable law, the Company and its affiliates, partners, licensors, and suppliers hereby disclaim all
express, implied, and statutory warranties of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a particular
purpose, non-infringement or other violation of rights.
22.30. In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers,
directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss
of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly
from:
22.30.1. your use of or your inability to use our Products and Services;
22.30.2. pricing, shipping, format, or other guidance provided by us;
22.30.3. delays or disruptions in our Products and Services;
22.30.4. viruses or other malicious software obtained by accessing or linking to our Products and Services;
22.30.5. glitches, bugs, errors, or inaccuracies of any kind in our Products and Services;
22.30.6. damage to your hardware device from the use of our Products and Services;
22.30.7. the content, actions, or inactions of third parties, including items listed using our Products and Services or the destruction of allegedly fake
items;
22.30.8. a suspension or other action taken with respect to your account.
22.31. No advice or information, whether oral or written, obtained by you from the Company, an employee or representative of the Company, a Mentor, or
through the Services will create any warranty not expressly stated in these Terms.
22.32. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.
22.33. This paragraph shall survive termination of this Agreement.
23. Indemnification
23.1. You agree to indemnify, defend and hold harmless us, and our affiliates, subsidiaries, participating institutions, officers, directors, agents,
partners, employees, licensors, representatives and third party providers (including our affiliates’ respective officers, directors, agents, partners,
employees, licensors, representatives, assignees, the Mentors and third party providers), from and against any and all losses, expenses, damages,
liabilities, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising directly or indirectly out
of or from any allegation that any of the Submitted Content you submit, post to, email, or otherwise transmit to us or through the Site or the Services
infringe, misappropriate or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party,
your use or attempted use of the Company Products or the Products or the Final Content or any portion thereof, your connection to the Site or the Services,
or your breach of these Terms, including any violation of the Code of Conduct (as prescribed in the Code of Conduct section above).
23.2. This indemnification extends to and includes any attorney’s fees and costs incurred by us arising from any action or claims to which this
indemnification applies, or from the contesting of the applicability of this provision.
23.3. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and
in such case, you agree to fully cooperate with such defense and in asserting any available defenses.
23.4. The Mentor shall defend, indemnify, hold harmless and insure the Company from any and all damages expenses or liability resulting from or arising out
of any negligence or misconduct on the Mentor’s part, or from any breach or default of this Agreement by the Mentor which is caused or occasioned by the
acts and/or omissions of the Mentor.
23.5. The Mentor agrees to indemnify, defend and hold harmless the Company from any and all damages, liabilities, costs, losses or expenses arising out of
any claim, demand, or action by a third party arising out of or in connection with any unauthorized use of the Submitted Content and/or the Final Content
by the Mentor, or any party acting under the authority of the Mentor, or any breach of the Mentor’s responsibilities, obligations, representations and/or
warranties under this Agreement. Under such circumstances, the Mentor shall promptly notify the Company in writing of any claim or suit that he/she is
aware of.
23.6. The Mentor agrees to indemnify, defend and hold the Company and its representatives, agents, contractors, employees, successors and assigns, harmless
for any and all liabilities, damages, claims, suits, judgements, costs, fees and expenses that arise as a result of or in connection with the Company
Products.
23.7. This section survives termination of this Agreement.
24. Jurisdictional Issues
24.1. The Company Products are controlled and operated by the Company from its office in Singapore.
24.2. You agree that any dispute arising out of or relating to these Terms or any content posted to the Site, including copies and republication thereof,
whether based in contract, tort, statutory or other law, will be governed by, construed and enforced in accordance with the laws of Singapore. All matters
relating to your access to, or use of, this Site and the Services shall be governed by and construed in accordance with the laws of Singapore including
without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Electronic Transactions Act (Cap. 88), without giving effect to any
principles of conflicts of law.
24.3. You further consent to the personal jurisdiction of and exclusive venue in courts located in and serving Singapore as the legal forum for any such
dispute, and you covenant and agree not to bring suit in any other forum.
24.4. The Company makes no representation that materials made available through the Company Products are appropriate or available for use in other
locations.
24.5. Those who choose to access or use the Company Products from other locations, including from outside Singapore, do so on their own initiative and at
their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
24.6. We reserve the right to limit the availability of the Company Products to any person, geographic area, or jurisdiction we so desire, at any time and
in our sole discretion, and to limit the quantities of any such service or product that we provide.
24.7. Access to or use of the Company Products from jurisdictions where the contents or practices of the Company Products are illegal, unauthorized or
penalized is strictly prohibited.
24.8. By accessing or using the Company Products, you hereby represent and warrant that you are located in the Singapore or are otherwise in a country
where it is lawful to do so.
25. Dispute Resolution
25.1. Arbitration Agreement. Any dispute arising out of or in connection with this Agreement (including these Terms), including any question regarding its
existence, validity or termination (the “Dispute”) shall be referred to and finally resolved by arbitration in Singapore in accordance
with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by
reference in this clause.
25.2. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English and the seat and place of arbitration is Singapore.
25.3. Nothing in this clause shall prevent us from seeking interim, provisional or conservatory measures from any court or other judicial authority of
competent jurisdiction at any time whether before or after the formation of the arbitral tribunal.
25.4. You and the Company agree that you and the Company may bring claims against the other only in your or its individual capacity and not as a plaintiff
or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings of more than
one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be
unenforceable, then the entirety of this binding arbitration clause shall be null and void.
25.5. These Terms and your use of the Service shall be governed by the substantive laws of Singapore without reference to its choice or conflicts of law
principles. Only if the Binding Arbitration clause is deemed to be null and void, then all of the disputes arising between you and the Company under these
Terms shall be subject to the exclusive jurisdiction of the courts located in Singapore, and you and the Company hereby submit to the personal jurisdiction
and venue of these courts.
25.6. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which the Company seeks equitable relief of any kind. You
acknowledge that, in the event of a breach of these Terms by the Company or any third party, the damage or harm, if any, caused to you will not entitle you
to seek injunctive or other equitable relief against the Company, including with respect to any of the Submitted Content, and your only remedy shall be for
monetary damages, subject to the limitations of liability set forth in these Terms.
25.7. You and the Company agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or
related to these Terms or the Services, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise,
such cause of action is permanently barred.
25.8. All claims you bring against the Company must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to
this Dispute Resolution section shall be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, the Company may
recover attorneys’ fees and costs up to $5,000, provided that the Company has notified you in writing of the improperly filed claim, and you have failed to
promptly withdraw the claim.
25.9. A person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce
any Terms of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular
description.
26. Termination Rights
26.1. This Agreement shall remain effective until terminated in accordance with these Terms.
26.2. We may terminate this Agreement, and/or your access to and use of the Company Products or any portion thereof, immediately without notice, in the
event we determine, in our sole discretion, without assigning any reason.
26.3. We may terminate your Account immediately, without notice, if it is determined that you or someone else using your Account have failed to comply with
any applicable laws.
26.4. Furthermore, we may terminate your rights to use the Company Products for any reason or no reason and that none of the Company and/or its
participating institutions shall have any liability to you for any such action.
26.5. Upon termination of this Agreement, you will not have access to your Account or any information stored within your Account including but not limited
to, your profile data, contact information, Audition entries and approvals, On-demand Request entries, videos, ledger and billing reports, and all other
information within your Account. You are solely responsible for keeping backup records of any information you want after your Account is terminated. We are
not responsible for, and will not provide you access to any information within the Account after Account termination.
26.6. And in the event of termination or expiration of this Agreement, the following sections of these Terms shall survive: all provisions regarding
ownership of intellectual property, disclaimer and liability waiver, dispute resolution, any other provisions of these Terms which, by their nature, apply
after termination, and the miscellaneous provisions below.
26.7. You agree that upon termination of this Agreement, we may delete all information related to you on the Company Products and may bar your access to
and use of the Company Products. Upon the termination of this Agreement, you will immediately destroy any downloaded or printed Final Content and the
Company Products.
26.8. As a User, you are free to terminate your use of the Company Products at any time. You can simply choose to stop visiting or using any aspect of the
Company Products.
26.9. If you wish to terminate your apprentice Account on the Site or with the Services, you may do so by contacting us via support@FollowTheMentor.com.
26.10. As a Mentor, if you wish to terminate your use of the Company Products before the end of your term of contract as stipulated in your Mentor
Independent Contractor Agreement, you shall contact us via admin@FollowTheMentor.com and shall comply with the terms of your Mentor Independent Contractor
Agreement.
26.11. This Agreement shall commence upon sign up and shall remain effective, unless this Agreement is terminated for any reason as provided herein, this
Agreement shall be has no expiry date, unless otherwise stipulated by either Party with 30 days’ written notice.
26.12. This Agreement may be terminated by mutual agreement of the Parties, or if any Party breaches any of its material responsibilities or obligations
under this Agreement, which breach is not remedied within 20 days from receipt of written notice of such breach, the non-defaulting Party may terminate
this Agreement by written notice to the defaulting Party, holding the defaulting Party liable for any loss and damage suffered by the non-defaulting Party
as a result of such termination.
26.13. All rights and obligations of each Party under this Agreement, all provisions regarding ownership of intellectual property, disclaimer and liability
waiver, dispute resolution, any other provisions of this Agreement, exclusive of the Services, shall survive expiration or termination of this Agreement,
unless otherwise stipulated.
26.14. Notwithstanding any provisions of this Agreement and/or the Terms of Use, the Company may at any time terminate this Agreement by written notice to
the Mentor effective immediately if, in the Company’s sole discretion, the Company is of the view that any acts and/or omissions of the Mentor is harmful
to the Company.
26.16. Notwithstanding any provisions of this Agreement and/or the Terms of Use, in the case that the Mentor is in breach of any terms of this Agreement
and/or of the Terms of Use, this Agreement shall be deemed terminated with immediate effect by the Mentor, and the Mentor shall be liable for any loss and
damage suffered by the Company as a result of such breach and termination.
26.17. In the event this Agreement is terminated for any reason or expires, the account of the Mentor shall be permanently terminated and the Mentor shall
be entitled to no compensation or damages of any variety. The Mentor shall no longer have any access to his/her account on the Site, the Submitted Content
and/or the Final Content. The Company is not responsible for, and will not provide the Mentor with access to any information within such account after
termination of this Agreement.
27. Miscellaneous
27.1. If either party does not enforce any right or remedy available under this Agreement, that failure is not a waiver of the right or remedy for any
other breach or failure by the other party. Our waiver of any requirement or term in any one instance is not a general or continuing waiver of that
requirement or term or any other terms and does not amend this Agreement.
27.2. If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with applicable laws as nearly as possible to
reflect the original intention of the parties and the rest of this Agreement remains in full force and effect. The provisions of this Agreement that are
contemplated to be enforceable after the termination of this Agreement survive termination of this Agreement.
27.3. These Terms and any policies applicable to you posted on the Site constitute the entire agreement between the parties with respect to the subject
matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
27.4. All rights not expressly granted in these Terms are expressly reserved.
27.5. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and
shall not affect the validity and enforceability of any remaining provisions of these Terms.
27.6. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision.
27.7. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return
receipt requested, or electronic mail.
27.8. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or
employee of the other.
27.9. Neither the Company nor any other party to this Agreement shall have, or hold itself out to any third party as having, any authority to make any
statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or
authorized in writing by the party to be bound.
27.10. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect
any of the provisions hereof.