Terms & Conditions – MentorCalls User Agreement
Last update:
We apply these general terms and conditions in order to clearly set out what arrangements apply if you work with Crebos Nederland BV (hereinafter referred to as: ‘Crebos’).
Article 1 – Definitions
The words of which the initial letter is capitalized have meanings as defined in this provision. In these general terms and conditions the following definitions shall have the same meaning regardless of whether they appear in singular or in plural:
- General Terms and Conditions: these general terms and conditions;
- Crebos: refers to our company Crebos that offers the User a telephone call with a Mentor via our (web)application Mentorcalls on their smartphones, tablets, personal computers or other suitable electronic devices;
- Persons associated with Crebos: all past, present and future (a) direct or indirect shareholders of Crebos, (b) group companies, holding companies, operating companies, pension companies or other related entities of Crebos or of its shareholders, (c) employees, advisors, board members, trainees, temps and freelancers. Persons associated with Crebos (including their legal successors) are also entitled to invoke the General Terms and Conditions;
- Mentor: an individual or entity who is providing guidance, advice, feedback, and support to the Mentee, serving variously as role model, teacher, counsellor, advisor, sponsor, advocate, and ally, depending on the specific goals and objectives negotiated with the Mentee;
- Mentee: an individual or entity who is being mentored by the Mentor;
- User: any individual or entity engaging Crebos to perform services.
Article 2 – Applicability
The General Terms and Conditions are applicable to all services that have been or will be provided by Crebos. The applicability of any other terms and conditions is explicitly dismissed. Any deviation from the General Terms and Conditions must be agreed upon in writing.
Article 3 – Exclusive legal relationship
All services are deemed to have been assigned to Crebos only, regardless of any other intention. This shall also apply if it is the intention of the parties that services will be performed by Persons associated with Crebos. The effect of Sections 7:404, 7:407(2) and 7:409 of the Dutch Civil Code is excluded.
Article 4 – Duration telephone conversation
The duration of the telephone call depends on the timeframe chosen by the Mentee in the application. The Mentor is not allowed to end the telephone conversation with the Mentee earlier, unless the Mentor receives unambiguous approval from the Mentee to do so.
Article 5 – Limitation of liability
Crebos is not liable for misunderstanding, damage, delays or improper transmission of orders and notices as a result of the use of the internet or other means of communication between the User and Crebos, or between Crebos and third parties, unless there is intent or gross negligence. If the performance of services gives rise to any liability, only Crebos can be held liable. Such liability is limited to the amount that the User (may) have paid for services that have been or would have been provided by Crebos. Persons associated with Crebos cannot be held liable.
Article 6 – Obligation to complain
Any error or omission in the services performed must be reported in writing within one year after the error or omission was or reasonably should have been detected, under penalty of loss of (claim)rights. All rights of action relating to such error or omission shall lapse, in the event no legal action has been instituted within one year, after the term of one year and after the reporting in writing as set out in the previous sentence.
Article 7 – Indemnification
The User indemnifies Crebos and Persons associated with Crebos against any claims from third parties (including employees, self-employed persons engaged by the User, persons and companies affiliated with the User and other contract parties of the User) and against any resulting liabilities, loss, damage, compensation, costs and expenses.
Article 8 – Privacy and data protection
All electronic communication, including e-mails, shall be deemed to be in writing. The User consents to Crebos using digital communication and data storage services. Crebos cannot be held liable for any loss resulting from the use thereof. Crebos processes personal data of its Users in order to provide the best possible service. In case the Mentee chooses to have a screenshot taken with the Mentor at the end of the telephone conversation, the Mentee gives permission for this screenshot to be published by Mentor Calls and the respective Mentor.
Article 9 – Payments
Article 10 – Cancellation and changes
The Mentor is allowed to cancel an appointment made with the Mentee at any time. In the event that the Mentor is not present during an appointment or has to cancel a telephone call, the Mentee will receive a notification via the application as soon as possible and the Mentee has the option to choose between a full refund or a rescheduling of the appointment with the Mentor. The Mentee is not entitled to cancel the telephone call with the Mentor for a full refund or to reschedule the telephone call with the Mentor within 24 hours before the appointment made with the Mentor will take place. In order to exercise the right of cancellation, the Mentee must inform Crebos of your decision by means of a clear statement. The Mentee can inform Crebos of this decision in the Mentorcalls application of Crebos or by pressing the cancellation link in the confirmation e-mail that will be sent after making an appointment.
Article 11 – Set-off and disposal
The User shall not be entitled to any set-off, discount, deduction or suspension in respect of what the User owes to Crebos. Crebos does not accept cash payments. The User shall not be allowed to dispose of or encumber for the benefit of any third party, any monies the User is entitled to or any claims against Crebos. Claims from third parties shall not be recognised.
Article 12 – Applicable law
The services performed or to be performed as well as all contractual or non-contractual obligations arising from such services performed of to be performed governed by and shall be interpreted in accordance with Dutch law.
Article 13 – Dispute settlement
Any disputes relating to services performed or to be performed as well as any contractual or noncontractual obligations or matters arising therefrom shall in the first instance be subject to the exclusive jurisdiction of the courts in Rotterdam, the Netherlands.
Article 14 – Miscellaneous information
If any provision of the General Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
