Terms and Conditions

TERMS & CONDITIONS

Last updated: 17 February 2025

Elevate is an online platform designed to connect mentors with mentees, and coaches with coachees. By registering with and using the Elevate platform, you agree to abide by these Terms and Conditions, including the Code of Conduct. Please read these terms carefully before using the platform.

1. Definitions

1.1. "Xamina" refers to Xamina (Pty) Ltd, a South African registered company that specialises in facilitating matched connections for personal and professional purposes.

1.2. "Elevate" refers to the online platform for facilitating professional connections. The platform, including its associated services, tools, and functionalities, is designed to connect mentors with mentees and coaches with coachees. Elevate is a product of Xamina (Pty) Ltd and serves as the intermediary facilitating these connections.

1.3. "Platform" refers to the Elevate online service, including its website, mobile applications, and any other digital interfaces through which users access Elevate's services.

1.4. "User(s)" refers to any individual or entity registered on the Elevate platform, including mentors, mentees, coaches, and coachees.

1.5. "Mentor(s)" refers to individuals offering guidance, advice, and support to mentees.

1.6. "Mentee(s)" refers to individuals seeking mentorship services.

1.7. "Coach(es)" refers to individuals offering structured, professional coaching services.

1.8. "Coachee(s)" refers to individuals seeking coaching services.

1.9. "Agreement" refers to these Terms and Conditions and any additional policies, guidelines, or documents incorporated by reference.

1.10. "Content" refers to any information, text, images, documents, or data shared by users on the platform.

2. Scope of Services

2.1. Facilitation of Connections: Elevate is a technology platform that facilitates connections between users. Elevate does not directly provide mentorship or coaching services and is not responsible for the quality, outcomes, or legality of any interactions, advice, or services provided by mentors, mentees, coaches, or coaching candidates.

2.2. Independent Relationships: All mentorship and coaching relationships formed through the platform are independent arrangements between users. Elevate is not a party to these relationships and does not supervise, direct, or control the content, methods, or outcomes of mentorship or coaching.

2.3. No Guarantee of Results: Elevate does not guarantee that users will achieve any specific results from using the platform or engaging with mentors or coaches.

2.4. User Responsibility: Users are solely responsible for ensuring the accuracy of information provided on their profiles and for conducting their own due diligence before entering into a mentorship or coaching relationship.

3. User Registration and Obligations

3.1. Eligibility:

a. Users must be at least 21 years old to register on the platform.

b. Users must provide accurate, truthful, and complete information during registration and update their profiles as necessary to ensure accuracy.

3.2. Honesty in Accreditation and Credentials:

a. Mentors and coaches claiming professional accreditation or certification must provide truthful and verifiable information regarding their qualifications.

b. Users are prohibited from misrepresenting their qualifications, affiliations, or professional experience.

c. Xamina reserves the right to request proof of accreditation or other qualifications and suspend or terminate accounts found to be in violation of this clause.

3.3. Compliance with South African Law:

a. Users must comply with all applicable laws, including but not limited to the Protection of Personal Information Act, 2013 (POPIA), and any relevant professional standards or regulations.

b. Users are responsible for ensuring that any advice or services provided comply with legal and ethical standards.

3.4. Account Security: Users are responsible for maintaining the confidentiality of their account credentials and for all activities conducted under their accounts.

4. Code of Conduct

To maintain a professional and respectful environment, all users of the Elevate platform must adhere to the following Code of Conduct:

4.1. Integrity and Ethics:

a. Users must act with honesty, integrity, and professionalism in all interactions.

b. Users must not engage in discriminatory, harassing, or unethical behaviour.

4.2. Respect for Privacy:

a. Users must respect the confidentiality of information shared during mentorship or coaching relationships.

b. Users must not disclose personal or professional information shared by other users without their explicit consent.

c. Users must ensure that any personal information they share complies with applicable privacy laws and regulations, including POPIA.

4.3. Professional Boundaries:

a. Mentors and coaches must avoid conflicts of interest and maintain appropriate professional boundaries with their mentees or coachees.

b. Romantic, exploitative, or abusive relationships between users are strictly prohibited.

4.4. Content Sharing:

a. Users may not share content that is illegal, defamatory, obscene, or in violation of intellectual property rights.

b. Users are responsible for the content they post on the platform.

4.5. Honouring Commitments: Users are expected to honour scheduled sessions, agreements, and commitments made through the platform.

4.6. Prohibition of Solicitation: Users may not use the platform to solicit business unrelated to mentorship or coaching or to promote products or services.

5. Privacy and Data Protection

5.1. Compliance with POPIA:

Elevate is committed to protecting the personal information of its users and complies with the Protection of Personal Information Act, 2013 (POPIA). By using the Elevate platform, users consent to collecting, processing, and storage of their personal data as outlined in the Privacy Policy.

5.2. Data Usage:

a. Personal information collected through the platform is used solely for the purpose of facilitating connections between users and improving the platform’s services.

b. Elevate will not sell, rent, or share user data with third parties without explicit consent, except as required by law.

5.3. Data Security Measures:

a. Elevate implements reasonable technical and organisational measures to protect personal information against unauthorised access, loss, or misuse.

b. Users are encouraged to use strong passwords and to change them regularly to enhance account security.

c. Users will be notified of any data breaches that may compromise their personal information in accordance with applicable laws.

5.4. User Responsibilities: Users must ensure that any personal information shared on the platform complies with POPIA and other applicable privacy laws. Users are responsible for obtaining consent from individuals whose personal information they share on the platform.

5.5. Data Retention: Elevate will retain personal information only for as long as necessary to fulfil the purposes for which it was collected or as required by law.

6. Refunds Policy

6.1. Membership Fees:

Users pay for a 12-month membership plan. Membership fees are payable in advance and are non-refundable.

6.2. Termination of Membership:

a. Users may terminate their membership at any time for any reason by submitting a request through the platform.

b. Upon termination, users will not receive a refund for any unused portion of their membership fee.

c. Membership is non-transferable; users cannot transfer their membership rights or benefits to another individual, in full or in part.

6.4. Suspension or Termination Due to Violations:

a. Elevate and its management reserve the right to suspend or terminate user accounts without notice if users are found to violate these Terms and Conditions or the Code of Conduct.

b. In such cases, users will not be entitled to any refunds of fees paid, including the joining fee or membership fees.

7. Limitations of Liability

7.1. No Liability for Services:

Users acknowledge that interactions with others are at their own risk. Xamina(Pty)Ltd and Elevate are not liable for any direct, indirect, incidental, or consequential damages arising from the use of the Elevate platform or any mentorship or coaching relationships formed through it.

7.2. Indemnification:

Users agree to indemnify and hold Xamina(Pty) Ltd, and Elevate management harmless from any claims, losses, or damages arising from their use of the platform, any violation of these Terms and Conditions, or any infringement of third-party rights.

7.3. Platform Availability:

Elevate does not guarantee uninterrupted access to the Elevate platform and is not liable for any downtime or technical issues.

8. Termination of Accounts

8.1. Elevate Management reserve the right to suspend or terminate user accounts without notice if users are found to violate these terms, the Code of Conduct, or applicable laws.

8.2. Users may terminate their accounts at any time by submitting a request through the platform.

9. Dispute Resolution

9.1. User Disputes:

Elevate is not responsible for resolving disputes between users. Users are encouraged to resolve conflicts independently.

9.2. Platform-Related Disputes:

Any disputes arising out of or related to the use of the Elevate platform will be resolved in accordance with South African law.

10. Modifications to Terms

10.1. Changes to Terms and Conditions:

Elevate reserves the right to modify these Terms and Conditions at any time. Users will be notified of significant changes, and continued use of the platform after such changes constitutes acceptance of the updated terms.

10.2. User Responsibility:

It is the user's responsibility to review these Terms and Conditions regularly for updates.

11. Governing Law and Dispute Resolution

11.1. These Terms and Conditions are governed by the laws of the Republic of South Africa.

11.2. Any disputes arising from the use of the platform will be resolved in the courts of South Africa.

12. Contact Us

If you have any questions about these Terms and Conditions or the platform, please contact us at:

Email: elevate@xamina.online

By using the Elevate website, you acknowledge that you have read, understood, and agreed to these General Terms and Conditions.