TERMS OF SERVICE FOR USERS OF THIS WEBSITE
This is the official website of WissenX Technologies Limited ("WissenX"). This website (“Website”) is owned and operated by WissenX (“we”, “our”). WissenX is a trust-based marketplace that connects knowledge seekers with industry experts/mentors over an online, proprietary, web enabled booking and audio/ video communication system ("Platform").
The access to and use of this Website is subject to the following terms and conditions of use (“Terms”). Please read the Terms very carefully as they shall apply to all Users of this Website. A User may opt for services through this Website only if he accepts and abides by all the Terms. We may periodically change these Terms without notice, which will be binding on all Users.
Each Mentor, has additionally agreed to be subject to the Additional Terms and Conditions for Mentors (“Additional Terms”) and in the event of any conflict between these Terms and the Additional Terms, the latter shall prevail.
“Member” shall mean any person who uses this Website and shall and include (i) a person who visits or registers as a User of the Website; and (ii) a person who is registered on the Website to transact or avail of any consultancy service through the Website.
“Mentor” shall mean individuals who are professionals or consultants in various industries and specialties, who form a pool of experts for advice, opinions and experiences and who can be consulted by Members through the Website. A Mentor may be either (a) an individual who is competent to contract under law; or (b) such individual representing an organization, whose employees are signed up as individual Mentors under the aegis of that organization.
"User" shall mean any person who uses this Website and shall and include Members and Mentors.
“Force Majeure” means any event or cause which is beyond the reasonable control of either WissenX or a User, including, without limitation, fire, flood, explosion, Act of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, power outages unavailability of any communication system, breakdown of third party supplied services such as banking systems and payment gateways, sabotage, computer hacking and computer crashes.
“Listing” means a listing of Mentors and their profiles, contact details and other information on the Website. The information provided in any Listing shall be contributed by each Mentor.
“Mentor Rate” shall mean the amount charged by a Mentor for a meeting, which is determined by his hourly rate as set out by him in his Listing and the duration of the meeting. The Mentor alone shall be responsible for the setting out of the Mentor Rate in his Listing.
“Mentor Charges” shall mean the fees payable to the Mentor and shall be calculated as Total Fees less WissenX Charges, charges of any third party payment processors and any taxes.
“Service Charges” or “WissenX Charges” shall mean the fees charged by WissenX for their Services together with taxes/ duties payable thereon as well as any payments due to third parties (other than Mentors).
“Services” shall mean the online Platform provided by WissenX for facilitating online meetings between Members and prospective Mentors.
“Taxes” mean any sales taxes, value added taxes (VAT), service taxes, that service providers (including WissenX) may be required by law to collect and/or remit to governmental agencies, or any legal or quasi judicial authority, and includes any withholding, personal or corporate income taxes.
“Total Fees” shall mean the total amount due and payable by a Member for an online meeting with a Mentor for a confirmed appointment. The Total Fees shall include the Mentor Charges, Service Charges, any third party payments and all applicable taxes and duties.
The Website and Services are intended solely for persons who can form legally binding contracts under Mauritius law and who are 18 years of age or older. Any access to or use of the Website or Services by anyone under 18 is expressly prohibited. By using the Website or Services a User represents and warrants that he is 18 or older and is competent to contract.
WissenX provides its online Platform that connects Users. Members, may search for, find and engage with Mentors, who form an online pool of experts for their advice, opinions experiences and counsel. Members may search for Mentors by name, specialty, geographical area or any other criteria as may be enabled by WissenX from time to time. The Website does not facilitate the provision of medical or legal advice and no attorney-client or principal-agent relationship is created between Users of the Services and WissenX.
The Website and Services can be used to facilitate a Member’s access to a Mentor. Any person may view Mentor Listings as an unregistered visitor to the Website; however, if such person wishes to make an appointment with any Mentor, he must first register to create an Account with WissenX. Unless explicitly specified otherwise, WissenX's responsibilities are limited to: (i) facilitating a connection between a Member and a Mentor and (ii) accepting/collecting payments from Members on behalf of the Mentor.
PLEASE NOTE THAT THE WEBSITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE MEMBERS AND MENTORS CONNECTING DIRECTLY WITH EACH OTHER. WISSENX CANNOT AND DOES NOT CONTROL THE CONTENT OR ANY INFORMATION, ADVICE OR OPINION CONTAINED IN ANY LISTINGS OR EXCHANGED BETWEEN MEMBERS AND MENTORS. WISSENX IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND INFORMATION. ACCORDINGLY, ANY APPOINTMENTS WILL BE MADE OR ACCEPTED AT THE USER'S OWN RISK.
In order to access certain features of the Website and to book an appointment with a Mentor or create a Listing as a Mentor, a User must register to create an account ("WissenX Account" or “Account”). All information provided by Users shall be accurate, current and complete. WissenX shall not be liable for any loss or costs incurred by any party due to any incorrect or mistaken information provided by any User.
A User’s WissenX Account will be created for his use of the Website based upon the personal information he provides to us. A User may not have more than one active Account. Users agree to provide accurate, current and complete information during the registration process and to regularly update such information forthwith, in case of any change.
A User wishing to register as a Mentor must first sign on as a Member and follow the application process in the profile settings and complete all mandatory sections of the process. However, before accepting any meeting requests, Mentors would be required to complete the compliance tutorial successfully.
Prior to requesting a meeting with a Mentor, a Member shall complete his basic profile on The Website, which will include uploading a profile picture, verified mobile number, email address and a short description about himself or any other details that Wissenx may require to be provided from time to time. Such information may be shared by WissenX with a Mentor once a meeting between that Mentor and Member is confirmed.
WissenX also enables organizations to list themselves on our Platform and sign up their individual employees as Mentors. Such organizational sign-up and listing of employees must be validated as may be required by the internal processes of that organization, including approvals from the HR and Compliances sections of that organization as well as the heads of department for each of these individual employees.
WissenX reserves the right to suspend or terminate an Account and a User’s access to the Website and Services if he creates more than one Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. User is responsible for safeguarding his password. User agree that he will not disclose his password to any third party and that he will take sole responsibility for any activities or actions under his Account, whether or not he has authorized such activities or actions. He will immediately notify WissenX of any unauthorized use of his Account.
Each Mentor must create a Listing by following the procedure set out on the Website. To create a Listing, he will be asked a variety of questions about his profile, qualifications and experience, including, Mentor Rate and commercial terms. In order to be featured in Listings via the Website, all information must be correct and current. Listings will be made publicly available via the Website. Other Users will be able to make appointments with a Mentor via the Website based upon the information provided in his Listing. Mentor understands and agrees that once a Member requests an appointment with him, he may not request the Member to pay a higher Mentor Rate than set out in the Listing.
Each Mentor acknowledges and agrees that he alone is responsible for any and all Listings and Mentor Content he posts. Accordingly, Mentor represents and warrants that any Listing he posts and the booking of an appointment with him by a User (i) will not breach any agreements he has entered into with any third parties, such as employee agreements, confidentiality agreements and (ii) will be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any information included in a Listing he posts (including having all required permits, licenses and registrations), and (iii) will not be in conflict with the rights of third parties. Please note that WissenX assumes no responsibility for a Mentor’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. A Mentor shall ensure that he has valid and current approvals and certifications that may be necessary, from any competent authority or under any law, to enable him to provide his advice or expertise through the Website. WissenX reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that WissenX, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or WissenX's then-current policies, or otherwise harmful to the Website.
When a Mentor creates a Listing, he may also choose to include certain requirements which must be met by the Members who are eligible to request an appointment with him, such as requiring Members to have a profile picture or verified phone number. Any Member wishing an appointment through the Website must then meet these requirements.
A Mentor agrees that he alone is responsible for ensuring that all information in his Listing is correct and current. He alone is responsible for his Listing. All images, materials and content in such Listings shall also form part of WissenX Content. Each Mentor agrees that WissenX may use the information contained in his Listing for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to his Listing or otherwise, without further notice or compensation.
The Mentor, not WissenX, is solely responsible for honoring any confirmed appointments and making available any opinions, advice or information. If a Member chooses to enter into any interaction with a Mentor, the User agrees to accept any terms, conditions, rules and restrictions associated with such interaction prescribed by the Mentor. Each Member acknowledges and agrees that the Member, and not WissenX, will be responsible for performing the obligations of any such agreements, that WissenX is not a party to such agreements, and that, with the exception of its payment obligations hereunder, WissenX disclaims all liability arising from or related to any such terms between a Member and a Mentor. Member acknowledges and agrees that, notwithstanding the fact that WissenX is not a party to the agreement between him and the Mentor, WissenX shall accept payments from him, on behalf of the Mentor. Upon Member’s payment of the Total Fees through WissenX, his payment obligation to the Mentor for the Mentor Charges is extinguished, and WissenX is responsible for remitting the Mentor Charges (less any taxes and Service Charges), in the manner described in these Terms. In the event that WissenX does not remit any such amounts as described in these Terms, such Mentor will have recourse only against WissenX.
Each Mentor understands and agrees that WissenX does not act as an insurer or as his contracting agent. If a Member requests an appointment with a Mentor, any agreement entered into with such Member is between the Mentor and the Member and WissenX is not a party to it. Notwithstanding the foregoing, WissenX shall accept and collect, on Mentor’s behalf, payments from any Member of such amounts stipulated by Mentor (including other fees and/or Taxes).
Upon a Member making an appointment request, a Mentor will be required to either confirm or reject the same within a period of five days, otherwise the appointment request will automatically expire. When an appointment is requested via the Website, WissenX will share with a Mentor, (i) the first and last name of the Member who has requested the booking, (ii) a short description of that Member, and (iii)that Member’s city and country. If a Mentor is unable to confirm an appointment request within the period of five days, WissenX shall release any pre-authorisation of that Member’s credit card in respect of the requested appointment. When an appointment is confirmed by a Mentor, WissenX will send both the Member and the Mentor an email or text message summarizing such confirmed appointment.
WissenX makes certain tools available to a Mentor to help him to make informed decisions about which Members he chooses to confirm for an appointment with him. Each Member acknowledges and agrees that he is responsible for his own acts and omissions.
Once a Mentor confirms a meeting, a Member’s credit/ card is charged for the calculated amount and held by WissenX (via its third party payment and payout processing service provider), until the meeting is successfully completed or the meeting is cancelled as per the cancellation policy.
Before the meeting, it is advisable that the Member and Mentor communicate with each other with regard to the topic of the meeting, the questions that the Member may have and any other preparatory requirements for the meeting. This will help both Member and Mentor judge whether the Mentor has the requisite expertise for the meeting to be effective. Further, in addition to the audio/ video communication system allowing Members and Mentors to interact with each other, the WissenX Platform facilitates the exchange of files by Users during a meeting. This helps Users outline and understand the scope of a meeting to enable a useful mentoring experience. WissenX does not currently provide any audio or video conference recording facility.
The minimum length of a meeting is 30 minutes. Irrespective whether a Member utilizes the entire 30 minutes or not, a Member will be charged for the 30 minutes based of the hourly mentoring rate listed by the Mentor on his profile page. A Member can make appointments for durations of 30/ 45/ 60/ 90/ 120 minutes.
The sharing of someone else’s confidential information with others, divulging material, non-public information, discussing inside information, or infringing others’ intellectual property rights is not permitted at a meeting or anywhere else on the Platform. Users have to be cognizant of the regulations and compliance practices that surround information and knowledge exchange.
Upon a Member requesting an appointment, he will be asked to provide customary billing information such as name, billing address and credit card information either to WissenX or its third-party payment processor(s). Members agree to pay WissenX for any confirmed appointments made through his Account in accordance with these Terms by one of the methods set out on the Website.
A Mentor shall list his hourly Mentor Rate on his listing page, which may be anywhere from USD 0 to USD 10,000/- per hour, at his discretion. The minimum booking time for an appointment is 30 minutes. Further, a Mentor may choose to offer promotional discounts (via promo codes) as a percentage of his hourly Mentor Rate up to 100%. Service Charges will be chargeable on the rate arrived at after the promotional discount.
Each Mentor hereby agrees that WissenX shall collect payments from Members with regard to his appointments. Each Mentor understands that as WissenX’s obligation to pay the Mentor is subject to and conditional upon successful receipt of the payments from Members. WissenX does not guarantee payments to Mentors for amounts that have not been successfully received by WissenX from Users.
Each Mentor agrees that payment made by a Member through WissenX, shall be considered the same as a payment made directly to the Mentor, and the Mentor will go ahead with the meeting with the Member in the agreed manner as if the Mentor has received his Mentor Charges.
Mentor Charges (minus Service Charges and any applicable taxes thereon) will be remitted by WissenX to Mentors in US dollars (“USD) via any payment methods described on the Website. Amounts may be rounded up or down as determined by WissenX.
A Member agrees to pay WissenX the Total Fees for any appointment made by him through his Account and confirmed by the concerned Mentor. Pending the Mentor's confirmation of the requested appointment, User understands and agrees that WissenX, on behalf of the Mentors, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via Member’s credit card for the Total Fees, or (ii) charge Member’s credit card a nominal amount, not to exceed one dollar to verify his credit card. As a general rule, WissenX will collect the Total Fees due once they receive confirmation of Member’s booking from the Mentor. Please note that WissenX cannot control any fees that may be charged to a User by his bank related to WissenX's collection of the Total Fees, and WissenX disclaims all liability in this regard.
WissenX will collect the Total Fees payable by the Member, inclusive of all service charges and taxes at the time of confirmation of the appointment. The Total Fees shall be held by WissenX in a WissenX escrow account held with a payment processor. After the meeting, WissenX shall transfer its Service Charges from the Total Fees to its own WissenX corporate account held with the payment processor. 48 hours after completion of the meeting, the Mentor may transfer the Mentor Charges (a) to his own account held with the payment processor; or (b) through his account with the payment processor, to his own bank account. All transfer charges and currency conversion charges shall be borne by the Mentor and WissenX shall not be liable for any transaction costs. In case of an organizational sign-up, the Mentor Charges shall be transferred by that organization (a) to their own organization account held with the payment processor, or (b) to any Mentor account held with the payment processor, or (c) through their account with the payment processor, to either their own bank account or the bank account of the Mentor.
Credit card and bank information of Member is maintained by our service partner, a reputed payment and payout services company that saves these financial details in encrypted form in the strictest security, following US standards governed by Office of the Comptroller of the Currency. They ensure that money movements to countries that appear on the US Department of Treasury’s Office of Foreign Assets Control (OFAC) list are restricted / monitored as the case maybe.
In consideration for the use of WissenX platform, WissenX charges a Service Charge to Users. Such Service Charges are levied when a meeting is either successfully held, or cancelled as per cancellation policy. Where applicable, taxes (such as VAT in Europe) may also be charged in respect of the Service Charge. WissenX deducts its Service Charges (together with any taxes due thereon) from the Total Fees before remitting the balance to the Mentor as described in these Terms. The Service Charges are charged to Members and Mentors as follows:
WissenX charges Service Charges to Members ranging from 10% to 15% of the Mentor Charges for every successfully completed meeting. This Service Charge is added to the Mentor Charges, and, together with other charges and taxes, makes up the Total Fees payable by a Member. The minimum Service Charge to a Member is $ 20. Even in a case where a Mentor chooses to offer a Member a promotional discount of 100%, the Member will be required to pay the minimum Service Charges.
WissenX charges Service Charges to Mentors ranging from 10% to 12% (depending on the Mentor’s ratings, geography, popularity and consistency) of the Mentor Charges, for every successfully completed meeting. This Service Fee is deducted from the Total Fees before any payment to Mentor of Mentor Charges.
The Service Charges shall be determined by WissenX at its sole discretion, within the aforesaid ranges of charges. WissenX also charges a cancellation fee in certain cases of cancellations of appointments without adequate notice. The details of the same are set out hereinbelow in the terms dealing with cancellations of appointments.
Except as otherwise provided herein, Service Charges are non-refundable.
Please note that WissenX does not currently charge fees for the Listings of Mentors on the Website. However, each Mentor acknowledges and agrees that WissenX reserves the right, in its sole discretion, to charge for and collect fees from Mentors for the Listings. Please note that WissenX will provide notice of any Listing fee collection via the Website, prior to implementing such a Listing fee feature.
A User may cancel an appointment made by him on the Website by using the Cancellation function available on the Website and informing both WissenX and the other User of the same.
If a Member cancels a requested appointment before it is confirmed by a Mentor, WissenX will cancel any pre-authorization to Member’s credit card and/or refund any nominal amounts charged to that credit card in connection with the requested appointment within a commercially reasonable time.
If a Member wishes to cancel a confirmed appointment made via the Website, the cancellation policy of the Mentor contained in the applicable Mentor Listing will apply to such cancellation. The cancellation policy may differ from Mentor to Mentor and Mentors shall have the option of choosing any one of the following three cancellation policies for their Listings:
Easy Cancellation Policy: As per this policy, a Member shall be entitled to a full refund in USD, if he cancels his appointment or fails to be present at the appointment with or without notice to the Mentor.
Moderate Cancellation Policy: As per this policy, a Member may cancel his appointment at least 48 hours before the confirmed appointment without any cancellation charges being levied on him. For any cancellation or no-show by a Member within 48 hours of the confirmed appointment, a 10% cancellation charge would be levied on the Member. Such cancellation charge shall be calculated on the basis of the Mentor Charges that would have been charged had the appointment taken place as scheduled.
Strict Cancellation Policy: As per this policy, a Member may cancel his appointment at least 120 hours before the confirmed appointment without any cancellation charges being levied on him. For any cancellation by a Member within 120 hours (but more than 48 hours) of the confirmed appointment, a 15% cancellation charge would be levied on the Member. For any cancellation or no-show by a Member within 48 hours of a confirmed appointment, a 25% cancellation charge would be levied on the Member. Such cancellation charges shall be calculated on the basis of the Mentor Charges that would have been charged had the appointment taken place as scheduled.
Further, WissenX Charges ranging between 10% and 15% of Mentor Charges as well as applicable taxes thereon shall also be paid by a Member in cases where cancellation charges are payable by such Member to a Mentor. Cancellation charges would be charged to the pre-authorized credit card of the Member and would be credited to the WissenX escrow account within a commercially reasonable time. The Mentor shall be able to transfer this amount to his account with the payment processor after 48 hours.
The ability of WissenX to refund any fees and other amounts charged to Member will depend upon the terms of the applicable cancellation policy. Further, all refunds shall be subject to any third party processing charges or currency conversion charges.
If a Mentor cancels a confirmed appointment the concerned Member shall be entitled to full refund in USD.
If a Mentor cancels an appointment within 48 hours of a confirmed meeting, then a flat USD 30, together with any applicable taxes, shall be charged to his Account by WissenX. Such amount shall stand to the credit of WissenX. If there are no adequate balances in the Mentor’s Account, the first charge on any credit to the Account would be allocated to discharge the liability towards this pending cancellation charge.
Further, Mentor agrees that WissenX may apply penalties or consequences to him or his Listing, including (i) publishing an automated review on his Listing indicating that an appointment was cancelled, (ii) keeping the calendar for his Listing unavailable or blocked for the dates of the cancelled appointment, or (iii) imposing a cancellation fee (to be withheld from his future payouts or charged to the credit card on file in his WissenX Account).
In certain circumstances, WissenX may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed appointment made via the Website. WissenX may decide to issue a refund to the User in accordance with its cancellation policies. A Mentor agrees that WissenX and the relevant User will not have any liability for such cancellations or refunds. Each Mentor agrees that in the event he has already been paid, WissenX shall be entitled to recover the amount of any such refund from a Mentor, including by subtracting such refund amount out from any future Mentor Charges due.
In case of a cancellation request by either User, the User may receive an email or other communication from WissenX containing alternative Mentor Listings and other related information. If the User requests an appointment from one of the alternative Listings and the Mentor associated with such alternative Listing confirms the User's requested appointment, then the User agrees to pay WissenX the Total Fees relating to the confirmed appointment for the Mentor in the alternative Listing in accordance with these Terms. If a Mentor has cancelled a confirmed appointment, and the Member has not received an email or other communication from WissenX, the Member is required to contact WissenX within 48 hours of the cancellation becoming known to the Member.
Instead of cancelling a confirmed appointment, a Member or Mentor may request a rescheduling of the appointment to the convenience of both parties. The request to reschedule must be accepted by the other party. Such rescheduled appointments can only be rescheduled for a maximum duration of 7 days from the previously confirmed and scheduled appointment. The number of reschedule requests has no limit, but the proposed rescheduled time has to fall within 7 days from the previously confirmed appointment.
Each User understands that WissenX’s obligation to make a refund to a Member is subject to and conditional upon WissenX either (I) holding the monies of that Member in respect of the cancelled appointment, or (ii) receiving the necessary refund from the concerned Mentor. WissenX does not guarantee refunds to Members for amounts that have been already paid by WissenX to Mentors. WissenX shall have no liability for any acts or omissions of the Members/ Mentors.
In certain circumstances, a User may file a claim with WissenX for a refund of the monies paid by him/ payment of monies receivable by him, in respect of any appointment where:
The Member/ Mentor has cancelled the appointment without giving Mentor/ Memberthe requisite notice as per the cancellation policy on the Mentor’s Listing.
The Member/ Mentor failed or neglected to be present at the appointment, or was more than 10 minutes late for the same.
There was some technical glitch on the Member/ Mentor’s side which disenabled the appointment from going ahead.
The meeting could not take place due to some Force Majeure event.
A Member may not complain against or apply for a refund due to, Mentor communication, expertise, content, quality of work or consultancy or the usefulness of the meeting, as the Member is responsible for evaluating each Mentor chosen by him. We strongly recommend that Members communicate with potential Mentors prior to sending in an appointment request.
Such communication helps Members make informed decisions before proceeding with a meeting request. A Member must satisfy himself that the Mentor to be booked is the correct choice for the Member.
All refunds are subject to the deduction of transfer charges and currency conversion charges, if any, levied by any service provider, payment processor or bank, and shall be borne by the Member (in case of refunds) and the Mentor (in case of cancellation charges). WissenX shall not be liable for any such transaction costs.
A User must file his complaint/ refund claim with WissenX within 48 hours of completion of the appointment in respect of which the complaint is made. A complaint may be made using the functions on the meetings page of the Website.
To lodge a refund claim, Members need to submit following details such as (i) Date of scheduled meeting; (ii) Mentor name; (iii) Discussion topic; (iv) Meeting ID; (v) Reason for claim.
The amount of refund available to a Member may be determined by the cancellation policy of the Mentor that is set out in his Mentor Listing.
Valid refunds after due diligence will be processed within 7 working days from the date of claim receipt by WissenX. If the claim is untenable, WissenX will provide the reason as given by the Mentor for declining the claim request.
Users may opt to try and solve their dispute directly, via chat boxes, etc. However, once a User has filed a complaint with WissenX, their dispute will be resolved by WissenX, acting as sole arbitrator. The decision of WissenX shall be final and binding on each of the Users.
WissenX shall have the right to set-off any amounts due from a User against any amounts payable to that User. In addition to the amount due, if A User’s account is delinquent or the User otherwise has chargebacks on his account, WissenX may charge fees that are incidental to the collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges. Users hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to WissenX.
WissenX will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by User, so that User ends up receiving or paying the correct amount.
Tax regulations may require WissenX to collect appropriate tax information from Users, or to withhold taxes from payouts to Mentors, or both. A User is solely responsible for keeping the information in his tax forms current, complete and accurate. If a Mentor fails to provide Wissenx with sufficient documentation to alleviate WissenX’s obligation (if any) to withhold taxes from payments to him (e.g. where a US based Mentor fails to provide a completed IRS Form W-9), WissenX reserves the right in our sole discretion to freeze all payouts to him until resolution, to withhold such amounts as required by law, or to do both.
A User understands and agrees that he is solely responsible for determining (i) his applicable tax reporting requirements, and (ii) the Taxes that should be included or collected or obligations relating to applicable Taxes in Listings. A User is also solely responsible for remitting to the relevant authority any taxes included or received by him. WissenX cannot and does not offer tax-related advice to any Users.
Presently, the Website facilitates Users to pay and to receive payments in USD only. Although the Website may, in future releases, allow Users to view the price on Listings in various currencies, Users can only make and receive payments in USD in any given geographic location.
WissenX does not endorse any Member or Mentor. Mentors are required by these Terms to provide accurate information, and although WissenX may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members/ Mentors, we do not make any representations about, confirm, or endorse any Member/ Mentor or the Member’s/ Mentor's purported identity or background.
Any reference in the Website or Services to a Mentor being "verified" or "certified" (or similar language) only indicates that the Mentor has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by WissenX about any Mentor, including of the Mentor's identity or qualifications and whether the Mentor is experienced, trustworthy or suitable. Instead, any such description is intended to be useful information for a Member to evaluate when he makes his own decisions about the suitability of the Mentors whom he contacts or interacts with via the Website and Services. WIssenX therefore recommend that Members always exercise due diligence and care when deciding on a Mentor or accepting a booking request from a Member, or having any other interaction with any other User/ Mentor. WissenX are not responsible for any damage or harm resulting from Member’s interactions with other Users.
By using the Website or Services, a User agrees that any legal remedy or liability that he seeks to obtain for actions or omissions of other Users/ Mentors or other third parties will be limited to a claim against the particular Users/ Mentors or other third party who caused him harm. User agrees not to attempt to impose liability on or seek any legal remedy from WissenX with respect to such actions or omissions. Accordingly, WissenX encourages a User to communicate directly with other Users/ Mentors on the Website regarding any appointments made by him.
Some of the content on this Website, including without limitation, the text, software, scripts, graphics, videos and the like is created and developed by Users (“User Content”) and made available to WissenX. By making available any User Content on or through the Website and Services, a User hereby grants to WissenX a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote or market the Website and Services. WissenX does not claim any ownership rights in any of User’s Content and nothing in these Terms will be deemed to restrict any rights that User may have to use and exploit any of his own Content.
User acknowledges and agrees that he is solely responsible for all his Content that he makes available through the Website and Services. Accordingly, User represents and warrants that: (i) he either is the sole and exclusive owner of all Content that he makes available through the Website and Services or he has all rights, licenses, consents and releases that are necessary to grant to WissenX the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor his posting, uploading, publication, submission or transmittal of the User Content or WissenX's use of the User Content (or any portion thereof) on, through or by means of the Website or the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
WissenX cannot guarantee and makes no representations as to the accuracy or quality of User Content, all of which is offered “as is”. WissenX does not own, develop, endorse, and is not responsible for User Content. The use of a company or entity name in Mentor biographical or employment information should not be construed as an express or implied endorsement by such company or entity or an express or implied endorsement by WissenX of such company or entity. Mentors are not employees or under the supervision of WissenX. Mentors have agreed to be bound by the Additional Terms and have represented, among other things, that they will not disclose information that is subject to a confidentiality obligation or participate in any consultations in violation of any agreements or duties owed to employers or other third parties. WissenX relies on the accuracy of these representations of the Mentor and does not necessarily seek independent verification.
Subject to a User’s compliance with these Terms, WissenX grants him a limited, non-exclusive, non-transferable license, to (i) access and view any WissenX Content and User Content (together, “Content”) to which he is permitted access, solely for his personal and non-commercial purposes. User has no right to sublicense the license rights granted in this section.
User will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Website or Services, or Content, except as expressly permitted in these Terms. No licenses or rights are granted to him by implication or otherwise under any intellectual property rights owned or controlled by WissenX or its licensors, except for the licenses and rights expressly granted in these Terms.
User understands and agrees that he is solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to his use of the Website and Services and he agrees that he will not:
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, any tax regulations.
use the Website or Services for any commercial or other purposes that are not expressly permitted by these Terms.
copy, store or otherwise access or use any information contained on the Website or Services for purposes not expressly permitted by these Terms.
Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights.
interfere with or damage the Website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
use the Website or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, calling card or account numbers.
use the Website or Services in connection with the distribution of unsolicited, commercial emails ("spam") or advertisements.
"stalk" or harass any other User of the Website or Services, or collect or store any personally identifiable information about any other User other than for purposes of transacting as a User on the Website.
register for more than one Account or register for an Account on behalf of an individual other than himself.
unless these WissenX explicitly permits otherwise, request an appointment if he will not actually be conferring at the appointment himself.
contact a User for any purpose other than for seeking counse.
recruit or otherwise solicit any User to join third-party services or websites that are competitive to WissenX, without WissenX's prior written approval.
impersonate any person or entity, or falsify or otherwise misrepresent himself or his affiliation with any person or entity.
use automated scripts to collect information from or otherwise interact with the Website or Services.
use the Website to find a Mentor and then complete a booking of an appointment independent of the Website, in order to circumvent the obligation to pay any Service Charges related to the provision of the Services or for any other reasons
as a Mentor, submit any Listing with false or misleading price information, or submit any Listing with a price that he does not intend to honor.
post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
systematically retrieve data or other content from the Website to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.
use, display, mirror or frame the Website or any individual element within the Website, WissenX's name, trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Website, without WissenX's express written consent.
access, tamper with, or use non-public areas of the Website, WissenX's computer systems, or the technical delivery systems of WissenX's providers.
attempt to probe, scan, or test the vulnerability of any WissenX system or network or breach any security or authentication measures.
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by WissenX or of any WissenX provider or any other third party (including another User) to protect the Website.
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website. or
advocate, encourage, or assist any third party in doing any of the foregoing.
accept or make a payment for an appointment or any Fees off this Website /outside of these Terms. If a User does so, he acknowledges and agrees that he: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold WissenX harmless from any liability for such payment.
WissenX has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
WissenX may access, preserve and disclose any User information if WissenX is required to do so by law, or if WissenX believe in good faith that it is reasonably necessary to (i) respond to claims asserted against WissenX or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer agreements with Users, such as these Terms (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of WissenX, its Users or members of the public. User acknowledges that WissenX has no obligation to monitor his access to or use of the Website or Services or to review or edit any User Content, but has the right to do so for the purpose of operating and improving the Website or Services, to ensure User compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. WissenX reserves the right, at any time and without prior notice, to remove or disable access to any Content that WissenX, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Website or Services.
WissenX may, in their discretion and without liability to User, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel User’s WissenX Account. If WissenX exercises its discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to User: (a) The User’s WissenX Account will be deactivated or suspended, his password will be disabled, and he will not be able to access the Website, Services, his Account, his Content, or receive assistance from WissenX Customer Service, (b) any pending or accepted future appointments will be immediately terminated, (c) WissenX may make refunds in respect of any appointments, irrespective of preexisting cancellation policies, (d) User will not be entitled to any compensation for appointments (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of his Account. User may cancel his Account at any time via the "Cancel Account" feature of the Services or by sending WissenX an email. Please note that if a User’s Account is cancelled, WissenX does not have an obligation to delete or return to User any Content he has posted to the Website, including, but not limited to, any reviews or feedback.
User agrees not to disclose or attempt to solicit the disclosure of, any non-public Information Non-public information shall include: (i) information about actual or potential business, business decisions or transactions of any third party that are not in the public domain; (ii) any private or personal or other information of any third party that is not in the public domain, and (iii) any intellectual property, including without limitation any trade secrets, know-how, or copyrighted information, of WissenX or any third party. Each User shall fully comply with any obligations of confidentiality to which he may be subject or bound, either by contract or otherwise, to either his employers or any third party. Mentors have also agreed to and are bound by the Non-Disclosure provisions of the Additional Terms.
Website Content and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to WissenX, subject to copyright and other intellectual property rights under the law and international conventions. Website Content may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, uploaded, or otherwise exploited without the prior written consent of the respective owners.
WissenX respects copyright law and expects its Users to do the same. It is WissenX's policy to terminate in appropriate circumstances the Accounts of Users who are believed to be repeatedly infringing the rights of copyright holders.
After a meeting between Member and a Mentor WissenX may contact either Member or Mentor, or both of them, for an assessment of the meeting, the Services or the Mentor or Member. A Memberr will typically be requested to rate a Mentor/ Member with whom he has conducted a meeting, on a scale of 1-5. A User may also be requested to provide a short narrative assessment of his meeting experience. The results of reviews by Members may be shared by WissenX, as per their sole discretion. Users shall complete such reviews within the time indicated by WissenX. WissenX may modify the methodology of ratings from time to time.
WissenX welcomes and encourages Users to provide feedback, comments and suggestions for improvements to the Website and Services. Users may submit feedback by emailing WissenX, through the "Contact" section of the Website, or by other means of communication.
Users acknowledge and agree that all feedback they give to WissenX will be the sole and exclusive property of WissenX and Users hereby irrevocably assign to WissenX all of their right, title, and interest in and to all feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights they may have in such feedback.
If a User believes that any content on the Site is in any way unlawful, defamatory, threatening, deceptive, misleading, subject to a confidentiality obligation, infringing or violative of any copyright or constitutes material, non-public information, he may notify WissenX at the email address/ numbers given on the Website.
THE CONTENT AND FUNCTIONALITY ON THE WEBSITE IS PROVIDED WITH THE UNDERSTANDING THAT WISSENX IS NOT HEREIN ENGAGED IN ITSELF RENDERING PROFESSIONAL ADVICE AND SERVICES TO USER. ALL CONTENT AND FUNCTIONALITY ON THE WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WISSENX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE WEBSITE CONTENT OR THAT THE SERVICES PROVIDED OR THE FUNCTIONALITY ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. WISSENX MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, MENTORS, THE SERVICES OR CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY ADVICE OR CONTENT OBTAINED THROUGH THE WEBSITE OR SERVICES.
A USER HEREBY ACKNOWLEDGE THAT HIS USE OF THIS WEBSITE IS AT HIS SOLE RISK. UNDER NO CIRCUMSTANCES SHALL WISSENX OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE INFORMATION CONTAINED ON THIS WEBSITE OR OBTAINED FROM A USER’S USE OF THIS WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, EVEN IF WISSENX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
A USER IS SOLELY RESPONSIBLE FOR ALL OF HIS COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM HE COMMUNICATE S OR INTERACTS AS A RESULT OF HIS USE OF THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY MENTORS. A USER UNDERSTANDS THAT WISSENX DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE WEBSITE OR SERVICES. WISSENX MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE WEBSITE OR SERVICES. A USER AGREES TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM HE COMMUNICATES OR INTERACTS AS A RESULT OF HIS USE OF THE WEBSITE OR SERVICES, PARTICULARLY IF HE DECIDES TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY WISSENX. NOTWITHSTANDING THAT WISSENX SHALL COLLECT PAYMENTS ON BEHALF OF MENTORS, WISSENX EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OR OTHER THIRD PARTY.
A USER ACKNOWLEDGES AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF HIS ACCESS TO AND USE OF THE WEBSITE, SERVICES AND COLLECTIVE CONTENT, HIS LISTING OR MAKING OF ANY APPOINTMENT VIA THE WEBSITE AND SERVICES AND ANY CONTACT HE HAS WITH OTHER USERS OF WISSENX WHETHER IN PERSON OR ONLINE REMAINS WITH HIM. NEITHER WISSENX NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, AS A RESULT OF HIS USE OF THE WEBSITE OR SERVICES, OR HIS MAKING ANY APPOINTMENT WITH ANY MENTOR VIA THE WEBSITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WISSENX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR THEIR OBLIGATIONS TO PAY MENTOR CHARGES TO MENTORS PURSUANT TO THESE TERMS, IN NO EVENT WILL WISSENX'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND USER’S USE OF THE WEBSITE AND SERVICES, EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS (US$100).
As a condition of User’s use of this Website, User agrees to indemnify, defend and hold WissenX, their officers, directors, employees, agents and representatives harmless from and against all claims, damages, losses, costs (including reasonable attorneys fees), or other expenses that arise directly or indirectly out of or from (a) User’s violation of the Terms; (b) User’s use of the Website, Services or Content; (c) the creation by Mentor of any Mentor Listing; (d) User’s violation of the rights of any third party; (e) non fulfillment of User’s obligations or any negligent act/s committed by User; or (f) User’s violation of any law.
User hereby understands that the Services provided by WissenX also include exclusive third party services. User agrees that the use of such third party services shall be at his sole risk and responsibility and User shall ensure that he maintains such telecommunications and internet services necessary for availing Services along with such required software and hardware devices, at his sole cost. User hereby agrees and acknowledges that WissenX shall not be liable for any loss, data corruption, bad signals, communication difficulties or any other damage or loss of any kind arising out of such third party services.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the Users and/or WissenX. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.
Governing Law, Jurisdiction: WissenX Technologies Limited is a company incorporated in Mauritius; having its registered office at Les Cascades Building, 33, Edith Cavell Street, Port Louis, Mauritius. These Terms are governed by the laws of Mauritius without reference to the principles of conflicts of laws thereof. User agrees to submit to the personal and exclusive jurisdiction of the courts located in Port Louis with respect to all disputes arising out of or related to these Terms. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Arbitration: Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under and in accordance with the International Arbitration Act, 2008.
Complete Agreement: These Terms (read with the Additional Terms) set forth the entire understanding between User and WissenX and supersedes all prior version of the Terms.
Severability: If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in full force and effect.
Assignment: User may not assign or transfer these Terms, by operation of law or otherwise, without WissenX's prior written consent. Any attempt by User to assign or transfer these Terms, without such consent, will be null and of no effect. WissenX may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices: Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by WissenX (i) via email (in each case to the address that User provides) or (ii) by posting to the Website. For notices made by e-mail, the date of transmission will be deemed the date on which such notice is received.
The failure of WissenX to enforce any right or provision of these Terms will not constitute a waiver of present/ future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of WissenX.
Except as expressly set forth in these Terms, the exercise by WissenX of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Force Majeure: WissenX shall not be liable for any breach of this agreement caused by any force-majeure event or any other cause beyond its control.
Communications: The User hereby accepts that he may, from time to time, receive from WissenX or its associates, communications such as service announcements, advertisements or administrative communications.