1. ACCEPTANCE OF TERMS OF USE

(1) If you decide to participate in the 1:1 mentoring program of WoMentor, the following terms and conditions apply exclusively.

WOMENTOR Impact OG
The Social Hub Vienna
Am Tabor 36
AT-1020 Vienna

hereinafter referred to as "we" or "our".

Unless otherwise agreed, the inclusion of any terms and conditions of your own used by you is contradicted.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to your commercial nor to your independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.

(3) The version of Terms of Service that is valid at the time of the order is applied. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of the website, the membership application form hosted on our web-app, and any other forms we may create to collect information from you for purposes of feedback or content creation, or any other reason, either via Typeform, Google Forms, or any other platform, including any content, functionality and services offered to persons who are accepted as members to the digital community. 

(4) The prices at the time of the order shall apply. If certain discount or promotional offers are advertised, these are limited in terms of time and/or quantity. 

(5) By using our membership services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference.  If you do not want to agree to these Terms of Use or the Privacy Policy, you cannot and should not access or use our membership services.  

2. CHANGES TO THE TERMS OF USE

We reserve the right to and may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the website and digital community thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on this Website. Your continued use of the website and digital community following the posting of revised Terms of Use means that you accept and agree to the changes.

3. CONSUMER PROTECTION

(1) The law of the Republic of Austria applies to the exclusion of private international law, if

a) you have your habitual residence in Austria, or

b) you habitually reside in a country that is not a member of the European Union.

(2) In the event that you have your habitual residence in a member state of the European Union, the applicability of German law also applies, whereby the mandatory provisions of the state in which you have your habitual residence remain unaffected.

MENTORING PROGRAM

4. MEMBERSHIP ELIGIBILITY

You must be a registered WoMentor Mentoring member in order to be eligible for our mentoring program.  You represent and warrant that you are at least 16 years of age.  We may, in our sole discretion, refuse to offer or continue to offer membership to any person or entity and change our eligibility criteria at any time.

In order to be considered a WoMentor member, you generally must provide us with a completed mentee application in which you provide information about your work experience and  your expectations of your mentor. The mentee application requests certain personal information, see point 7, that you agree to provide to us subject to the terms of our Privacy Policy to enable us to determine whether to accept your mentee application. If you submit your application you agree to these terms & conditions and to the purchase of the mentoring membership you have chosen in the application process.

Acceptance of a membership shall be at our sole discretion in the furtherance of the good name and reputation of our community and its members.  No reason shall be given for refusal of any application at any stage and all information relating to the determination of a membership Application shall be treated in accordance with the terms of our Privacy Policy.

5. APPLICATION PROCESS

(1) Via the website http://www.womentor.at/for-mentees you can purchase our 1:1 WoMentor Mentoring Program as a mentee. The offer is non-binding and does not constitute a legally binding offer to conclude a contract.

(2) You can make a binding purchase offer (order) via our website. You book the mentoring program via the website http://www.womentor.at/for-mentees by going through the following steps:

1) Open http://www.womentor.at/for-mentees. There you will find information, content and price.

2) Click on "Sign up as a mentee". There you will be forwarded to the WoMentor Web-App Sign Up Process.

3) Click again “Sign up as a mentee” in order to start the sign up process.

4) You will be requested to create a profile with your email address and a chosen password, which will become your login data.

After that you will be guided through several questions on your professional career goals as well as on preferred character traits for a future mentor. Please choose the mentoring membership that applies to your personal situation, see more information here. At the end you will be asked to agree to our “Terms of Services” 

5) If you have decided to participate in the mentoring program, click on the button "Submit", which you will find at the end of the sign up process. Within the process we have collected all the necessary personal data to complete a purchase, such as your email address, name, address and telephone number. By clicking “Submit” you order with an obligation to pay.

6) After submitting your application, you will receive an email from us with further information and an invitation to our official Newcomer Event. The date of the event marks the start of the validity of your mentoring year.

7) Now, the matching process starts, which will take 1 to 4 weeks. As soon as we have found a mentor that matches your selected criteria, we will match him / her in your WoMentor login. You will see the following information:

• contact information of your mentor

• Invitation to the Newcomer Event

• WoMentor Mentoring Guidelines

• WoMentor Booklet with mentoring content

• WoMentor Conversation Guidelines

8) Depending on which mentoring membership you have selected, you will receive another email with the corresponding invoice for your membership as a PDF.

 
6. ACCESS TO YOUR WEB-APP PROFILE

At any time, you may login to your Web-App profile containing the

• contact information to your WoMentor mentor

• the online WoMentor Booklet and

• information about upcoming events

via this link.

7. YOUR PERSONAL DATA

(1) For the processing of an order and the matching we need the following data from you:

• First and last name

• e-mail address

• postal address (country, city, address)

• year of birth

• phone number

• selected membership plan

• Gender

• current occupation status

• current position

• your online profile (LinkedIn, XING or your website)

• criteria for your preferred mentor

  • work environment and industries he/she should be experienced with

  • the skills he/she should have

  • where he/she should live

  • how often you want to meet

  • ideal personal characteristics

  • preferred language

  • parental status

  • belonging to LGBTIQ community

  • the mentor’s network

• Additional information about your major objectives and what is important for you in the mentoring

(2) We use the data provided by you without your separate consent exclusively for the fulfillment and processing of your order(s), for example for the mentor match making. Any further use of your personal data for the purposes of advertising, market research or the design of further offers requires your express consent.

(3) If you change your personal information, you are responsible for updating it yourself. You can inform us of the changes via info@womentor.at.

8. REMATCHING

Within one mentoring period (1 year) we offer one rematch without any additional cost. You can request a rematch, if…

• your mentor is not available for a mentor meeting for at least 6 weeks after our kick-off event

• your mentor does not respond to your contact attempts

• you do not feel comfortable in your mentoring meetings (please specify why)

• your mentor is not able to support you reaching your career goals

In any of those cases, please contact us via desiree@womentor.at. 

Please note that we do not offer a rematch if your personal/ professional goals and therefore your preferred mentor criteria have changed in the course of your mentoring year. 

9. TERMINATION & MEMBERSHIP VALIDITY

(1) Your mentoring membership is valid for one year from the date of your official kick-off event. The membership terminates automatically after one year and won’t be renewed automatically.

(2) As a consumer, you have the right of withdrawal. The revocation period starts after submitting your application as a mentee. The contract is binding in the moment where you receive your application confirmation via e-mail after successfully completing the sign-up process as described in part 5.

Revocation period and refundings:

• Within 14 (fourteen) days after the submission of your mentee application, you can withdraw your application with a 100% refund of your membership.

• Within 30 (thirty) days after the submission of your mentee application, you can withdraw your application with a 50% refund of your membership.

• After 30 (thirty) days after your submission, you can cancel your membership but your membership fee is non-refundable.

If you’d like to withdraw your application or cancel your mentoring membership, please send an e-mail to info@womentor.at. From the moment of your revocation, your account will be deleted from our database and you won’t have access to any content of the mentoring program. 

10. SANCTIONS

Members may be warned, suspended or removed from the WoMentor Web-App, an event or activity, and have their membership terminated, for failure to pay membership fees, a breach of the letter and/or spirit of these Terms, or if WoMentor considers in its absolute discretion that the conduct of a member is contrary to the interests of the community or the organization considers they are unfit to remain a member. WoMentor is not obliged to provide reasons for sanctions decisions, including termination and expulsion, and any deliberations and other information on the same shall be maintained in strict confidence.

11. THE PRODUCTS MAY BE USED BY YOU ONLY FOR PERSONAL AND PRIVATE PURPOSES

(1) You may access the content and products within the scope of your purchase for your personal and private purposes online and also print them out. However, a transfer to third parties is not permitted.

(2) All rights to the content provided, in particular the right to reprint, translate, reproduce by photomechanical or similar means, store and process with the aid of EDP or distribute in computer networks are reserved - even in part - only for WoMentor Impact OG. You do not receive any ownership or exploitation rights to the contents.

12. GENERAL NOTES

(1) The mentoring program is a free, active and self-responsible process. A certain success cannot be promised and is not owed. Mentoring can point you in the right direction and accompany your own free decisions.

(2) Participation in the mentoring program is not coaching or counseling and is not intended to replace them. Mentoring requires a normal mental and physical resilience as well as personal responsibility.

(3) You are fully responsible for your own decisions both during and after the program. Any decisions you may make as a result of the program are your own responsibility.

(4) WoMentor will find you a mentor who has agreed to accompany you for one year with at least 6 meetings. The mentor invests his/her time voluntarily. WoMentor cannot guarantee the regularity or number of meetings.

13. LIABILITY

(1) We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, the breach of which endangers the achievement of the purpose of the contract and on whose compliance you as a customer may regularly rely. In the latter case, however, we shall only be liable for the foreseeable damage typical for the contract. We shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences. The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act shall remain unaffected.

(2) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. In this respect, we shall not be liable for the constant and uninterrupted availability of our online trading system.

14. THE RIGHT TO THE BOOKLET AND PDF-FILES AS WELL AS YOUR ACCESS DATA

(1) The files and documents may only be accessed (downloaded) and printed by you as a member and only for your own training. Only in this context the download and printout of files is permitted - in this respect you as a member may also have the printout carried out with the technical support of third parties (e.g. a copy store). For the rest, all rights of use to the files and documents remain reserved. Therefore, in particular, the making of copies of files or printouts for third parties, the forwarding of files to third parties or any other use for purposes other than your own study purposes, whether against payment or free of charge, requires our express prior written consent, even after the end of the program.

(2) As a member, you are obligated to use the documents and files accessible to you only within the scope expressly permitted here or permitted by virtue of mandatory statutory regulation even without our consent and not to promote unauthorized use by third parties. This shall also apply after termination of participation.

(3) Forms of use that are permitted by virtue of mandatory statutory provisions are naturally excluded from this reservation of consent.

(4) You are obliged to keep your special access data (username and password) for individual use of the website https://www.womentor.at and https://app.womentor.at/mentees/zhCpsIR76UGY9fGNznMeLlf2O3vZXACM/mentees secret and not to pass them on to third parties.

CONSULTING
The terms & conditions of the WKÖ Chamber of Commerce for management consulting are applicable.

1. General Terms and Conditions / Scope

1.1 All legal transactions between the Principal and the Agent (Management Consultant) − hereinafter referred to as Agent − shall be exclusively subject to these General Terms and Conditions. The version valid at the time the Contract is executed shall be applicable.

1.2 These General Terms and Conditions shall also apply to any future contractual relationships even if these General Terms and Conditions are not expressly referred to in collateral contracts

1.3 Any conflicting General Terms and Conditions on the part of the Principal shall be invalid unless they have been explicitly accepted in writing by the Agent.
1.4 If any provision of these General Terms and Conditions is or becomes invalid, the other provisions and any contracts executed pursuant to these provisions shall not be affected thereby. The invalid provision shall be replaced by a provision which best corresponds to the intention and economic purpose of the invalid provision.

2. Scope of consulting assignments / representation
2.1 The scope of each particular consulting assignment shall be individually agreed by contract
2.2 The Agent shall be entitled to subcontract, in whole or in part, the services for which the Agent is responsible to third parties. Payment of said third parties shall be effected exclusively by the Agent. No contractual relationship of any kind shall exist between the Principal and said third party.

2.3 During the validity of this Contract and for a period of three years after termination thereof, the Principal shall agree not to enter into any kind of business transactions with persons or organisations the Agent employs to perform the Agent’s contractual duties. In particular, the Principal shall not employ said persons or organisations to render consulting services the same or similar to those offered by the Agent.

3. Principal’s obligation to provide information / declaration of completeness
3.1 The Principal shall ensure that during the performance of the consulting assignment, organisational conditions in the Principal’s place of business allow the consulting process to proceed in a timely and undisturbed manner.

3.2 The Principal shall also inform the Agent in detail about previously conducted and/or currently active consulting projects, including those in other areas of competency

3.3 The Principal shall, in a timely manner and without special request on the part of the Agent, provide the Agent with all documents necessary to fulfil and perform the consulting assignment and shall inform the Agent of all activities and conditions pertinent to the performance of the consulting assignment. This includes all documents, activities and conditions that become known or available during the performance of the consulting assignment.
3.4 The Principal shall ensure that all employees as well as any employee representation (works council) provided by law, if established, are informed of the Agent’s consulting activities prior to the commencement of the assignment.

4. Maintenance of independence

4.1 The Contracting Parties shall be committed to mutual loyalty.

4.2 The Contracting Parties shall be obligated to take all necessary measures to ensure that the independence of all persons working for the Agent and/or of any third parties employed by the Agent is not jeopardized. This applies particularly to any employment offers made by the Principal or the acceptance of assignments on their own account.

5. Reporting / obligation to report

5.1 The Agent shall be obligated to report to the Principal on the progress of services performed by persons working for the Agent and/or any third parties employed by the Agent.

5.2 The Agent shall deliver the final report in a timely manner, i.e. depending on the type of assignment, two to four weeks after completion of the assignment. 

5.3 The Agent shall not be bound by directives while performing the agreed service and shall be free to act at the Agent’s discretion and under the Agent’s own responsibility. The Agent shall not be required to work in a particular place or to keep particular working hours.

6. Protection of intellectual property

6.1 The Agent shall retain all copyrights to any work done by the Agent and/or by persons working for the Agent and/or by third parties employed by the Agent (including but not limited to tenders, reports, analyses, expert opinions, organization charts, programmes, performance descriptions, drafts, calculations, drawings, data media, etc.). During the contract period and after termination thereof, the Principal may use these materials exclusively for the purposes described under the Contract. Therefore, the Principal shall not be entitled to copy or distribute these materials without the explicit consent of the Agent. Under no circumstances, shall the Agent be liable to third parties, in particular for the accuracy of the material, in the event of unauthorised copying/distribution of the material.

6.2 In the event of any violation of these provisions by the Principal, the Agent shall be entitled to immediate termination of the contract relationship and to assert any other statutory claims, in particular claims for omission and/or damages.

7. Warranty

7.1 The Agent shall be entitled and obligated, regardless of fault, to correct any errors and/or inaccuracies in the Agent’s work which have become known subsequently. The Agent will immediately inform the Principal thereof. 
7.2 This right of the Principal expires six months after completion of the respective service.

8. Liability / damages

8.1 With the exception of personal injuries, the Agent shall be liable to the Principal for damages only to the extent that these are the result of serious fault (intention or gross negligence). Correspondingly, this also applies to damages resulting from third parties employed by the Agent. 

8.2 Any claim for damages on the part of the Principal may only be enforced by law within six months after they have gained knowledge of the damage and the liable party, but no later than three years after the incident upon which the claim is based. 

8.3 The Principal shall furnish evidence of the Agent’s fault.
8.4 If the Agent performs the required services with the help of third parties, any warranty claims and claims for damages which arise against the third party shall be passed on to the Principal. In this case, the Principal shall primarily refer to the third party.

9. Confidentiality / data protection

9.1 The Agent shall be obligated to maintain complete confidentiality concerning all business matters made known to the Agent in the course of services performed, especially trade and company secrets and any other information concerning type and/or scope of business and/or practical activities of the Principal.

9.2 Furthermore, the Agent shall be obligated to maintain complete confidentiality towards third parties concerning the content of the work completed, as well as any information and conditions that contributed to the completion of the work, particularly concerning data on the Principal’s clients.

9.3 The Agent shall not be obligated to maintain confidentiality towards any person working for the Agent or representatives of the Agent. However, the Agent is required to obligate such persons to maintain complete confidentiality and shall be liable for any violation of confidentiality on their part in the same way as if the Agent had breached confidentiality

9.4 The obligation to maintain confidentiality shall persist indefinitely even after termination of this Contract. This shall not apply in case the Agent is legally required to disclose information.

9.5 The Agent shall be entitled to use any personal data entrusted to the Agent for the purposes of the services performed. The Agent shall guarantee the Principal that all necessary measures will be taken, especially those regarding the Austrian Data Protection Act (DSG), e.g. that declarations of consent are obtained from the persons involved.

10. Remuneration
10.1 After completion of the services agreed upon, the Agent shall receive remuneration agreed upon in advance between the Agent and the Principal. The Agent shall be entitled to render intermediate accounts and to demand payment on account as required by the progress of the work. Remuneration shall be due and payable immediately after rendering accounts by the Agent.
10.2 The Agent shall render accounts which entitle to deduct input tax and contain all elements required by law.

10.3 Any cash expenditures, expenses, travel expenses, etc. shall be reimbursed to the Agent by the Principal separately, upon submission of the appropriate receipts.

10.4 In the event that the work agreed upon is not completed due to reasons on the part of the Principal, or due to a premature termination of contract by the Agent for cause, the Agent shall be entitled to claim payment in full of the remuneration agreed upon in advance, less expenses not incurred. In the event that an hourly fee had been agreed upon, the Principal shall pay for the number of hours expected to be required for the entire contracted assignment, less expenses not incurred. Expenses not incurred shall be calculated as a lump sum consisting of 30% of the fee required for those services that the Agent did not perform by the date of termination of the agreement. 

10.5 In the event that intermediate invoices are not paid, the Agent shall be released from the Agent’s commitment to provide further services. This shall be without prejudice to any further claims resulting from default of payment.

11. Cancellation by the Principal (Client)

11.1 If the Principal cancels a workshop or consulting service, the following fees shall apply based on the notice provided before the scheduled start date:

• More than 30 days in advance: No charge. Any payments already made will be fully refunded.

• 15 to 30 days in advance: 50% of the agreed fee will be charged.

• Less than 15 days in advance: 100% of the agreed fee will be charged.

1.2 Cancellations must be submitted in writing via email or other agreed communication channels.

12. Rescheduling by the Principal

12.1 The Principal may request to reschedule a workshop or consulting service with the following conditions:

• More than 15 days in advance: The service can be rescheduled without any additional fees.

• Less than 15 days in advance: A rebooking fee of 25% of the agreed fee will be charged.

12.2 The rescheduled date must be agreed upon within 30 days of the original service date and must occur within six months of the original service date. If no agreement is reached, the cancellation terms in Section 1 shall apply.

13. Cancellation or Rescheduling by the Agent

13.1 The Agent reserves the right to cancel or reschedule a workshop or consulting service due to unforeseen circumstances (e.g., illness, force majeure). In such cases:

• The Agent will notify the Principal as soon as possible.

• The Principal may choose to reschedule the service at no additional cost.

14. Refund Policy

14.1 Refunds for cancellations by the Principal will be processed within 14 business days from the date of written cancellation, minus any applicable cancellation fees.

14.2 If the Principal has received any materials, these must be returned in their original condition, or their value may be deducted from the refundable amount.

15. Force Majeure

15.1 Neither party shall be held liable for the cancellation or rescheduling of services due to circumstances beyond their reasonable control, such as natural disasters, government actions, or other force majeure events. In such cases, the service will be rescheduled without additional fees, or the Principal may request a full refund.

16. Electronic invoicing

16.1 The Agent shall be entitled to transmit invoices electronically. The Principal explicitly agrees to accept invoices transmitted electronically by the Agent.

17. Duration of the contract

17.1 This Contract shall terminate upon the completion of the project and the corresponding invoice.

17.2 Apart from this, this Contract may be terminated for good cause by either Party at any time without notice. Grounds for premature termination include the following:

• A Party breaches major provisions of the Contract; or 

• A Party is in default of payment after insolvency proceedings have been opened; or

• A Party has substantiated concerns regarding the other Party’s creditworthiness, without any insolvency proceedings, and such other Party does not make any advance payments upon request of the Agent/provide any suitable guarantee in advance upon request of the Principal, and such negative financial circumstances have not been known to the other Party at the time of execution of the contract.

18. Final provisions

18.1 The contracting parties declare that all information contained herein is accurate and made in good conscience; and they shall be mutually obligated to immediately inform the other party of any changes.

18.2 Modifications of and amendments to this Contract or these General Terms and Conditions shall be made in writing; this shall also apply to a waiver of this requirement. Subsidiary agreements have not been executed.

18.3 This Contract is governed by the substantive law of the Republic of Austria, excluding the conflict-of-law rules of international private law and CISG. Place of fulfilment is the registered place of business of the Agent. The court at the Agent’s registered place of business shall be competent in any disputes. 

The Austrian Professional Association of Management Consultancy, Accounting and Information Technology recommends the following mediation clause as a pro-business method of dispute resolution:

(1) In the event that any disputes, which cannot be solved by mutual agreement, arise from this Contract, the Parties to the contract agree to engage a listed mediator (Austrian Civil Rights Mediation Law (ZivMediatG)) specialized in business mediation from the list of the Austrian Ministry of Justice in order to reconcile these out of court. Should no mutual agreement regarding the selection of the business mediator or with regard to content be possible, legal measures shall be initiated no sooner than one month after the negotiations fail.

(2) In the event that mediation could not be held or was discontinued, any litigation initiated shall be subject to Austrian law.

As agreed, all necessary costs incurred due to previous mediation, particularly for legal advisors consulted, may be claimed in litigation or arbitration as "pre-trial costs".

19. JURISDICTION AND FINAL PROVISIONS

(1) The terms and conditions written here are complete and final. Changes and additions to these terms and conditions should be made in writing to avoid ambiguities or disputes between the parties about the agreed content of the contract.

(2) If you had your domicile or habitual residence in Austria at the time of the conclusion of the contract and have either moved out of Austria at the time we file suit or your domicile or habitual residence is unknown at that time, the place of jurisdiction for all disputes shall be the registered office of WOMENTOR in Vienna.

(3) We draw your attention to the fact that, in addition to the ordinary legal process, you also have the option of out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr.

Our e-mail address is: info@womentor.at

In accordance with § 36 VSBG, we point out that we are not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.

(4) Should individual provisions of this contract be invalid, this shall not affect the remainder of the contract.