1.1. The definitions in this clause apply in these terms and conditions (unless the context requires otherwise):
“Bio” – Small passage of text published by Clients and Mentors on their respective profiles to introduce themselves to other users on the website.
“Services” – Any service that a Mentor is able to offer on their user profile. This currently includes Ask Me Anything Sessions (1 hour, 30 minute and Student/Graduate Only variations) and CV & Cover Letter Reviews. Wiseup reserves the right to remove, alter or add to this list of Services.
“Client” - any person to whom a Mentor is currently providing (or has provided) Services to pursuant to the terms of this agreement.
“Intellectual Property Rights (IPR)” - patents, rights to inventions, copyright and related rights, moral rights, trademarks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.
“Online Messaging Service” – Wiseup’s inbuilt online messenger. This is where Clients and Mentors can send messages to one another once a Client’s Service Request is accepted by a Mentor.
“Service Request” – Requests sent by Clients to Mentors to request a Service. The Mentor either accepts or denies Service Requests at their sole discretion.
“Termination Date” - the date of termination of this agreement, howsoever arising.
“Terms” - The terms and conditions as detailed in this document.
“Wiseup Platform” - Wiseup’s website configured to allow individual Clients to find Mentors to assist them.
1.2. The headings in this agreement are inserted for convenience only and shall not affect its construction.
1.3. Unless the context otherwise requires:
2.1. The Wiseup Platform is a website that allows Clients to browse the profiles of Mentors and purchase Services from the Mentors. Wiseup is an intermediate platform acting as the Mentor’s commercial agent, which puts Clients and Mentors in contact with one another via online messaging, document collaboration and arranged off-site phone or video contact.
2.2. By agreeing to the Client Terms and Conditions you accept that:
3.1. Clients must meet the following criteria in order to register a Wiseup account:
3.2. Only you (the Client) may use your Wiseup account and you are responsible for keeping your log in details secure. You must notify Wiseup immediately of unauthorised use of your account.
3.3. You may make changes to your Client profile once you have been registered. Wiseup maintains the right to contact Clients directly if changes to the account are not in line with Clause 3.1 or 5.1.
3.4. By signing up as a Client, you agree to allow Wiseup to publish your personal information on your profile to any user of the website. You also agree to allow Wiseup to use your personal information on your profile for marketing purposes outside of the website.
3.5. By signing up as a Client, you agree to only provide valid, accurate and up-to-date personal information. It is your responsibility to keep your profile information up to date and accurate, and you agree that Wiseup holds no responsibility in validating such information.
3.6. By signing up as a Client you agree to allow Wiseup to contact you via email and phone, using the details you provided, to enquire about any of the personal details you have provided or for any other reason related to activity on the website.
3.7. Wiseup may introduce a one-off or monthly fee for registering and maintaining a Client profile on the website in the future. The Client would be given at least 30 days’ notice before this comes into effect, and the Client will have the opportunity to terminate if they want to.
3.8. A Client may terminate their own account at any time. However, if a Client deletes their account while a Service Request is active or a Service is ongoing, then Wiseup reserve the right to contact the Client directly to discuss. If the Client chooses not to continue to use their Wiseup account, open Services with any Mentors will be assessed by Wiseup, and the Mentor will be paid for any completed services.
3.9. Wiseup reserves the right to terminate a Client’s account at any time at our sole discretion, without any prior notice to you.
4.1. It is the Client’s responsibility to request Services from the Mentors in the form of Service Requests. In the Service Request, the Client should provide some background to themselves and what they are looking to achieve from the Service. The Client should also specify if they have any strict time constraints in when they would need the Service completed by. Wiseup does not guarantee that the Mentor will deliver within the specified time constraint, even if they accept the Service.
4.2. The Mentor may accept or decline your Service Request at their own discretion.
4.3. If a Mentor accepts your Service Request, you will be sent a payment request. At this point, you must pay the specified fee for the Service to begin. If you do not choose to pay, the Service Request will be closed.
4.4. The website does not currently support voice or video contact between Clients and Mentors. It is the responsibility of the Client and Mentor to organise off-site voice or video contact.
4.5. Voice contact:
4.6. Video Contact:
4.7. Workshops (Career Pathfinder, Career Progression, Startup Kickstarter, Business Growth):
4.8. Mentoring Schemes:
4.9. Once the Mentor uses the “End Session” button in the Online Messaging Service, a notification will be sent to the Client. It is then the Client’s responsibility to “Agree” or “Disagree” that the Service has been delivered. If the Client selects “Agree”, the Service is closed. If the Client selects “Disagree”, then a ticket will be raised to Wiseup, who will contact the Mentor to resolve. If the Service is deemed to not be complete, Wiseup will re-open the chat window between the two parties to complete the agreed service. If no response is received from the Client within 3 days of the notification, the Service will be closed.
5.1. Clients and Mentors alike must not engage in any of the following conduct:
5.2. If a Mentor displays any of the behavior in Clause 5.1, or the Client has any concern about the Mentor’s conduct, then the Mentor must contact firstname.lastname@example.org immediately and Wiseup will resolve the dispute as necessary.
6.1. Clients may leave written reviews on Mentor’s profiles following the completion of Services. You acknowledge that these reviews are visible to any user of the site.
6.2. Wiseup reserves the right to remove any Mentor reviews at its sole discretion.
6.3. You agree to be accurate in your review and must abide by the conduct in Clause 5.1 while leaving your review.
7.1. A Client must purchase Services via Stripe, using a credit or debit card.
7.2. A Client will only pay for a Service once the Mentor has accepted the associated Service Request. Only when full payment is received, can the Service begin.
7.3. Wiseup may refuse a Client’s payment if we believe that the Mentor cannot carry out the agreed Service for any reason, or that there has been a problem with the price listed. In the event of this, Wiseup will provide a full refund to the Client if the payment is processed.
7.4. A Client may cancel and request a refund within 14 days of purchasing a Service if the Service is not being delivered with reasonable care and skill, within a reasonable time or at a reasonable price.
7.5. Your Mentor will be encouraged to deliver a Service after payment is processed. If for any reason the Service cannot go ahead, the Mentor must contact Wiseup immediately and provide an explanation. Wiseup will refund the Client fully if the Service is confirmed to be cancelled after Wiseup’s discussion with the Mentor.
7.6. If a Mentor displays any of the conduct defined in Clause 5.1, the Client may request a full refund of that Service by contacting Wiseup.
7.7. If a Client displays any of the conduct defined in Clause 5.1, the Mentor must contact Wiseup immediately and ask for the Service to be closed. The Mentor will receive full payment for the Service. The Client will not be refunded for any remaining Services.
7.8. Wiseup reserves the right to issue refunds at our sole discretion.
7.9. We will use reasonable efforts to process any refund as soon as possible after any resolved request.
7.10. If a Client deletes their account while a request is active or a Service is ongoing, then Wiseup reserve the right to contact the Client directly to discuss. If the Client chooses not to continue to use their Wiseup account, open Services with any Mentors will be assessed by Wiseup, and the Mentor will be paid for any completed services.
7.11 Wiseup Networks Limited is a VAT registered Limited Company. All prices on the Wiseup Platform include VAT.
8.1. Wiseup aims to comply with the General Data Protection Regulation 2016 (GDPR) and the Data Protection Act 2018 in all respects including in the spirit of the need to treat Client’s personal data with respect and to keep it safe. As the Data Controller Wiseup will only collect and use Personal Data in the ways that are described in our Privacy Notice, and in a way that is consistent with our obligations and the data subjects’ rights under the law.
8.2. Our mentors are also bound contractually to abide by data protection laws where they act as a data processor for personal data that we pass on to them and also where they act as a data controller for additional personal data that they collect from clients directly.
9.1. Nothing in these Terms excludes or limits the liability of Wiseup for death or personal injury caused by Wiseup's negligence, for fraudulent misrepresentation, or any other liability that cannot be excluded by law.
9.2. Subject to Clause 9.1, Wiseup's total liability in contract, tort (including negligence) or breach of statutory duty, misrepresentation or otherwise, arising in connection with the provision of the Service and performance or contemplated performance of the Terms, shall be limited in aggregate to a maximum of £1,000.
9.3. Subject to Clause 9.1, Wiseup shall not be liable to You for any loss of profit or other economic loss (direct or indirect), indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) or loss or damage (contractual, tortious, breach of statutory duty or otherwise) that arises out of or in connection with the Terms, or for any liability incurred by You to a customer, or to any other person howsoever, arising from the provision of the Service or otherwise.
10.1. All parties undertake and agree that they will comply with all aspects of the Equality Act 2010 and will not directly or indirectly discriminate against any person during the performance of their duties under any agreement governed by these Terms. Mentors are bound by a similar term in their agreement with Wiseup.
11.1. Neither party shall assign any agreement governed by these Terms unless consented to in writing and signed by authorised representatives of the other party.
12.1. No waiver, by either party, whether implied or express, of any particular provision of this agreement, or of any breach or default of the other party, shall constitute either a continuing waiver of such provisions or a waiver of any other provisions of the agreement.
13.1. Neither party shall be liable for delay in performing or for failure to perform its obligations if the delay or failure results from any of the following: Acts of God; Outbreak of hostilities, riot, civil disturbance, acts of terrorism; The act of any government or authority (including refusal or revocation of any licence or consent); Fire, explosion, flood, fog or bad weather; Power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles; Default of suppliers or sub-contractors; Theft, malicious damage, strike, lock-out or industrial action of any kind; Any cause or circumstance whatsoever beyond the party’s reasonable control.
14.1. Any agreement governed by these Terms constitutes the entire agreement between the parties and supersedes any and all prior agreements whether written or oral. No modification to the agreement or any claimed waiver shall be deemed to be valid unless in writing and signed by authorised representatives of both parties.
15.1. The provisions of any agreement governed by these Terms are severable and if any part thereof is held to be invalid or unenforceable by any court then it will not affect the validity or enforceability of any of the remaining provisions. If any unlawful and/or unenforceable clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the clause will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant clause will be deemed to be deleted).
16.1. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
16.2. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).