Terms & Conditions
TERMS & CONDITIONS
These Terms constitute a binding and enforceable legal contract between Mecomi and You. By using the Services, You agree to these Terms. If You are entering into these Terms on behalf of a company or another legal entity, You represent that You have the authority to bind such entity and its affiliates to these Terms. If the legal entity that You represent does not agree with these Terms, You must not accept these Terms or use the Services.
- "Account" means an online account registered by You for the purpose of using the Services.
- "Guiders" and "Influencers" may refer to Influencers, Celebrities, Psychologists, Musicians, Tour Guides, Students, Professors, Soldiers, Entrepreneurs, Managers, Tech enthusiasts, Actors, Parents , Nurses, Mentors and many other kinds of professionals offering to dispense their guidance to Clients, through the Platform.
- "Content" means any files, data, material and information submitted, uploaded and stored by You through the Service.
- "Services" means any applications, products, services, documentation, and software made available through the Platform.
- "User Data" means data relating to Your use of the Platform and Services, including but not limited to any information related to: (i) information obtained by or provided through the Service; (ii) settings, preferences chosen, and resource usage; (iii) free text and/or any other Content submitted by You.
- "We", "Us", "Mecomi" or "Our” means Mecomiexperience Ltd.
- "You" or "user" means the individual accepting these Terms, or if the company or other legal entity and its affiliates for which You are accepting these Terms, and can refer to Guiders or Clients, as appropriate.
- THE SERVICES
2.1. The Services provide a platform which enables clients (“Clients”) searching for Guiders, and Guiders searching for Clients, to search for, engage with, and deliver and pay or receive payment for one-on-one guiding/coaching sessions. For the avoidance of doubt, we do not provide guiding/coaching services, and we do not match Clients with Guiders.
2.2. We may update the Services from time to time, including adding or removing functions.
2.3. The Services are available only to, and may only be used by, individuals who are eighteen (18) years and older, who can form legally binding contracts under applicable law. If You are a Client and You are under the age of eighteen (18), You may use our Services only in conjunction with and under the supervision of a parent, in which case, the parent is responsible for any and all activities of the Client.
3.1. As part of the Services, we attempt to verify Guiders' ID (passport, driver's license etc.) and claimed credentials (professional experience, diplomas, certificates etc.). We do not control and are not responsible for any information provided by any Guiders. Furthermore, we do not endorse or make any representations or warranties regarding the reliability of the verification or Guiders themselves.
3.2. Mecomi cannot confirm that each user (whether Client or Guider) is who they claim to be. You agree and understand that You assume all risks when using the Services, including without limitation any and all of the risks associated with any online or offline interactions with other users.
3.3. While we make good faith efforts to confirm that each Guider on our Website is a legitimate instructor, we are not able to provide any assurances regarding the trustworthiness of Guiders and the information they provide via our Platform. When interacting with other users You should exercise caution and common sense to protect your personal safety and property, just as You would when interacting with other persons whom You don't know. Neither Mecomi nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any user of the Services.
4. REGISTRATION AND USER ACCOUNT
4.1. Establishing an Account. Whether You are a Guider or a Client, the services made available on the Platform may require You to open an Account. Only one Guider may use a given Guider Account. You must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form and must keep all information in your account, including email address, up to date. The rest of the information is for our internal use alone. When available, You may also use an approved third party social networking service, such as Facebook or Google ("SNS Account"), to register through its registration page and You will be obligated in respect to and of its registration process.
4.2. Account Information. You must safeguard and not disclose your Account username and password and You must supervise the use of such Account. You must provide us accurate and complete information in order to create an Account. You agree to keep your Account information up to date and accurate. YOU ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE ACCOUNT USERNAMES AND PASSWORDS. YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER THE ACCOUNT. You must notify us immediately of any unauthorized use of your Account or any other breach of security.
4.3. Deletion of Account. You may delete your Account at any time. Any other information and data entered into the Services may be permanently deleted if You delete the Account, provided we may retain certain information as required to comply with our legal obligations, resolve disputes and enforce our agreements (unless we are instructed otherwise).
5. YOUR CONTENT
5.1. Mecomi may enable you to add, create, submit, distribute or post certain Content, including, without limitation, text, photos, data, graphics and information (including, without limitation, personal information and location based services information) through the Platform.
5.2. License to Content. You grant us a worldwide, non-exclusive license to host, copy and use your Content as required in order to provide You with the Services. Subject to this limited license we do not acquire any right in your Content and You or your licensors retain all rights and ownership to your Content. You warrant that You have full rights to provide to us any Content that You provide through the Services. We have policies in place to limit the access of our employees to Content. Where policies permit access to the Content, it is only for the purpose of providing the Services and supporting You in your use of the Services.
5.3. Responsibility for Content. You are responsible for all Content uploaded or created within the system and all activity that occurs under your Account. The Services are not intended to be used as storage, backup or archiving services. To the extent relevant, it is your responsibility to back up your Content and you are responsible for any lost or unrecoverable Content.
5.4. Deletion of Content. Within 30 days following your request to delete your Content, Mecomi shall delete it.
6.1. You understand that use of the Services may result in charges to You for the services or goods You receive ("Fees"), based on the financial terms presented to you on the Platform, as subject to change from time to time. Mecomi will receive and/or enable your payment of the applicable Fees for services or goods obtained through your use of the Services. Fees will be exclusive of applicable taxes where required by law.
6.2. As between You and Mecomi, Mecomi reserves the right to establish, remove and/or revise Fees for any or all services or goods obtained through the use of the Services at any time in Mecomi’s sole discretion. Further, You acknowledge and agree that Fees applicable in certain geographical areas may increase substantially during times of high demand. Mecomi will use reasonable efforts to inform You of Fees that may apply, provided that You will be responsible for Fees incurred under your Account regardless of your awareness of such Fees or the amounts thereof.
6.3. Mecomi may from time to time provide certain users of the Platform with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and You agree that such promotional offers and discounts, unless also made available to You, shall have no bearing on your use of the Services or the Fees applied to You. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case You may be charged a cancellation fee on a Third Party Provider’s behalf.
6.4. If you are a Guider, you hereby authorize Mecomi to collect payment from Clients on your behalf, as your limited payment collection agent. Such payments will be remitted to you, upon request, in no less than 21 days of the day it was done, less any applicable fees charged by Us, as subject to change from time to time. Payment to us of the Fees by Client shall be considered full payment for the services provided by Guiders to such Client and Guiders shall not demand or accept any further payment from Clients, on or off Platform, without Mecomi's prior written consent.
6.5. Fees and any payments may be subject to change from time to time at Company's sole discretion.
7. USER OBLIGATIONS AND RESTRICTIONS
7.1. Obligations. In connection with your use of the Services You agree to comply with all applicable laws, rules and regulations, including those regarding data privacy and intellectual property rights. If you are a Guider, You shall obtain and maintain all necessary licenses, consents and permissions necessary for the use of the Service.
7.2. License. You grant us a worldwide, non-exclusive license to host, copy and use any information or data provided by Client or Guiders as required in order to provide You with the Services. Subject to this limited license we do not acquire any right in your data and You or your licensors retain all rights and ownership to your data. You warrant that You have full rights to provide to us any data that You provide through the Services. We have policies in place to limit the access of our employees to data. Where policies permit access to the data, it is only for the purpose of providing the Services and supporting You in your use of the Services. The Services are not intended to be used as storage, backup or archiving services.
7.3. Restrictions. You must not misuse the Services. For example, You may not, whether by yourself or anyone on your behalf (a) sell, resell, or lease the Services or access or attempt to access the Services by any means other than the interface we provided or authorized; (b) circumvent any access or use restrictions put into place to prevent certain uses of the Services; (c) use the Services to store, share or transmit content which is unlawful, infringing, harmful or which violates any person’s rights, including privacy rights and intellectual property rights; (d) attempt to disable, impair, or destroy the Services, or Platform; or (e) reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. Retention of Rights. All rights not expressly granted to You under these Terms are reserved by Mecomi. We reserve all rights, title and interest to the Services, the Platform and any of their related intellectual property rights. The Terms do not convey to You an interest in or to Mecomi’s intellectual property rights. Nothing in the Terms constitutes a waiver of Mecomi’s Intellectual Property Rights under any law.
8.2. Feedback. To the extent You provide us any feedback, comments or suggestions ("Feedback"), You grant us a royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into the Services or any of our current or future products or services.
8.3. Copyright Policy. We respect the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”) and other applicable laws, We have adopted a policy of, upon notice, restricting access to or deleting content that infringes a third party’s copyright and, in appropriate circumstances and in our sole discretion, terminating account holders or other users of the Services who are deemed to be repeat infringers of a third party’s copyrighted work. If You believe that anything on the Services infringes any copyright that You own or control, You may file a notice of such infringement, in compliance with the requirements of 17 U.S.C. 512(c)(3), with our designated agent at: email@example.com. To file a notice of infringement with us, the requirements specified in Title II of the DMCA must be fulfilled. The text of this statute can be found at the U.S. Copyright Office website, located at: https://www.copyright.gov.
9. INDEMNIFICATION. You will indemnify, defend, and hold harmless Mecomi, its affiliates, resellers, employees and agents (the "Indemnified Parties") from and against all liabilities, damages, and costs (including reasonable attorneys' fees) arising out of any claim, demand, suit or proceeding by a third party alleging that your use of the Services infringes or misappropriates a third party’s intellectual property rights or violates applicable law or that your use of the Services is in violation of these Terms.
10. DISCLAIMERS OF WARRANTIES
10.1. Security measures have been implemented to ensure the safety and integrity of the Services. However, despite this, information that is transmitted over the Internet may be susceptible to unlawful access and monitoring. Mecomi gives no guarantee of any kind concerning the content on our Services.
10.2. THE SERVICES ARE PROVIDED ON AN "AS IS", AND "AS AVAILABLE" BASIS, AND MECOMI DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO RELIABILITY OF SERVICE, WARRANTIES OF NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE DISCLAIM ALL LIABILITY AND ANY OBLIGATIONS FOR ANY HARM OR DAMAGE CAUSED BY ANY THIRD PARTY HOSTING PROVIDERS.
10.3. OTHER THAN AS EXPRESSLY STATED IN THE TERMS WE DO NOT WARRANT THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF DEFECTS.
11. LIMITATION OF LIABILITY
11.1. IN NO EVENT WILL MECOMI BE LIABLE FOR (I) INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR (II) LOSS OF PROFITS OR REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, IN EACH CASE ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF MECOMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2. IN NO EVENT WILL MECOMI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR TO THE PLATFORM OR SERVICES EXCEED AN AMOUNT OF US$100.00.
11.3. THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
12. TERM AND TERMINATION
12.1. Term. These Terms commence on the date You first accept them and will remain in effect until these Terms are terminated.
12.3. Termination. You may stop using the Services at any time and You may delete your Account. We may suspend or terminate your access to your Account or the Services at any time at our sole discretion, with or without notice, and with or without cause. If You wish to terminate your account, You may do so by deleting the Application from your device and removing the Application from "Your Apps" in the App Center of your Facebook account. If You terminate your Account, your data will be removed from the Service, however, deletion may not be immediate and Mecomi may continue keeping your personal information in its records for audits and other administrative purposes.
12.4. Survival. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the foregoing, the Intellectual Property Rights, Disclaimers of Warranties, Limitation of Liability, Governing Law and Jurisdiction and General sections, will survive the termination or expiration of the Terms.
13.1. Governing Law and Jurisdiction. These Terms are governed by the laws of the State of Israel excluding rules as to choice and conflicts of law and the courts in the Tel Aviv, Israel will have exclusive jurisdiction; however, Mecomi or its Affiliate may bring suit for payment in the country where Your entity is located. You and Mecomi agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply.
13.2. Changes to Terms. Mecomi may change the Terms from time to time, and such change will become effective upon the date on which it is posted on the Platform. You are responsible for checking the Platform regularly for such changes. By continuing to access or use the Services You agree to be bound by the revised Terms.
13.3. Severability. If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
13.4. Waiver. No waiver by us of a breach of any of the provisions of terms of these Terms shall be construed as a waiver of any preceding or succeeding breach of any of the provisions of these Terms.
13.5. Relationship. Nothing in these Terms shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between You and Mecomi.
13.6. Entire Agreement. These Terms contain the entire agreement between Mecomi and You relating to your use of the Services and supersedes any and all prior agreements between Mecomi and You in relation to the same. You confirm that, in agreeing to accept these Terms, You have not relied on any representation except as has expressly been made by Mecomi in these Terms.
13.7. Assignment. You may not assign your rights or delegate your obligations under these Terms without Mecomi’s prior written consent. Any purported assignment contrary to this section will be null and void. Mecomi may assign its obligations hereunder.
13.8. No Third Party Rights. There are no third-party beneficiaries to these Terms. Without limiting this section, Users are not third-party beneficiaries to your rights under these Terms.
14.1 We hope that every interaction you do through the Mecomi app goes without issue but we understand that sometimes things happen. If an interaction you take does not meet your expectations, you can share your feedback by rating your Guider in the app; and if you believe there was an error with your price or a more serious issue occurred on your interaction, you can report it to our Support team. In some cases, your report may be covered by our Seeker’s Refund Policy.
We want you to know what to expect when you report issues, so we are sharing examples of when you may be eligible to receive a full or partial refund of the price you paid. If you have an issue on an interaction, let us know within 3 days. All requests will be evaluated at Mecomi’s sole discretion, and on a case-by-case basis, before no more than 2 days after request submitted.
As a reminder, Mecomi is a social marketplace that connects users to complete interactions requested by a Seeker and accepted by a Guider within the app. As a Seeker, you own the decision to make an interaction or not. Mecomi provides information to Seekers prior starting an interaction, such as:
- Pricing and other estimates in app like upfront prices or fees.
- Name of guiders and details (in some cases) like full name, professional degrees, verified identity and other skills.
As a Seeker, it’s your responsibility to check the information provided is accurate and meets your expectations of quality. If you decide to make and stay in an interaction, you are accepting the terms of service and are taking responsibility for the successful payment of that interaction.
When am I eligible to receive a full or partial refund?
Examples of when you may be eligible to receive a full or partial refund include:
- A fare or fee was charged in error or your interaction experienced a critical long-lasting technical issue.
- Your interaction price was different from what was shown in the initial notification.
When am I not eligible to receive a full or partial refund?
- We do not refund tips given on our free spaces.
These Affiliate Program Terms are additional terms which apply if you use the Mecomi Affiliate Program. These Affiliate Program Terms form part of your agreement with us.
"Referring User" is also referred to as "you" or "your" in these Affiliate Program Terms;
"Referred Influencer" means the person who joins Mecomi as a Influencer via the Referring User's unique Affiliate link.
What is the Mecomi Affiliate Program? Mecomi offers an Affiliate program by which existing Users or third parties can introduce people who are interested in becoming Influencers to Mecomi and receive Affiliate payments from Mecomi which are calculated and limited as described in these Affiliate Program Terms.
The Mecomi Affiliate Program is operated by Mecomiexperience LTD. We are a limited company registered in Israel.
The rules of the Mecomi Affiliate Program:
Only Users of Mecomi with a current User account or affiliate links provided by us can participate in the Mecomi Affiliate Program. If a User's account has been suspended or terminated by us for any reason or deleted by the User, that User will not be eligible to participate in the Mecomi Affiliate Program.
You will need on your User account page to add a paypal or bank account details of your own paypal or bank account in order to receive Affiliate payments under the Mecomi Affiliate Program.
Each User has a unique Affiliate link (which can be accessed via the User's User account) which the User may share with others. When sharing your unique Affiliate link you must not impersonate Mecomi or give the impression that your Affiliate link is being shared or promoted by us. You must not use Google Ads or any similar advertising platform or search engine advertising service to share or promote your unique Affiliate link. Upon our request, you must disclose the methods by which you share your unique Affiliate link in the Bio/Website field of your Mecomi account.
The Referred Influencer must click on your unique Affiliate link and then register with Mecomi using the same browser that they used to click on your unique Affiliate link. If someone registers with Mecomi other than by using your unique Affiliate link, we will not link that account to your Affiliate and we will not make any Affiliate payment to you.
The Referred Influencer must not have opened a User account with Mecomi (whether under the same name or another name) before clicking on your unique Affiliate link. If the Referred Influencer is currently or has previously been a User of Mecomi we will not make any Affiliate payment to you for the Affiliate.
If the Referred Influencer sets up more than one User account we will make Affiliate payments to you on the earnings made by the Referred Influencer from their first User account only. We will not pay any Affiliate payments to you on any further User accounts set up by the Referred Influencer.
We will not pay any Affiliate payments to you on any Affiliate of a Referred Influencer which we determine is owned or operated by you. You will provide any information which we request to enable us to determine whether the Referred Influencer is owned or operated by you.
You agree that when promoting Mecomi in any way as a Referring User:
you will not give a false impression of Mecomi, the services, programs, and content (including Content) made available through Mecomi, its Users or the Terms of Service; and
you will not make any statements which suggest to a potential Influencer that the potential Influencer will make a particular sum of money (or any money) from their use of Mecomi.
How are Affiliate payments calculated? Once a Referred Influencer has become a registered User of Mecomi in accordance with the rules of the Mecomi Affiliate Program described above, we will pay the Referring User an Affiliate payment equal to 50% of our profits, which at this moment (July, 2021) represent six per cent (6%) of Followers Payments, generated by the Referred Influencer in the twelve months after the date on which the Referred Influencer becomes a registered User of Mecomi. Should third parties increase their price or if Mecomi decides to lower the overall fees taken from each transaction, the affiliates will get an amount proportional to what Mecomi earns, equal to 50% of our profits, which is calculated as the percentage taken of the overall amount payed by the customer minus the reffered influencer payment, minus payment processing, minus video or audio fees related to each particular transaction. The twelves months are instead a lifetime deal for early adopters that become affiliates of Mecomi before 09/07/2022.
Choosing a payout method to receive Affiliate payments: In order to be able to receive Affiliate payments you must first choose one of the payout methods provided by Mecomi in your country of residence. This is usually either bank transfer or Paypal, please ask customer service if you are not sure about our payout options. These methods are called "Payout Options".
How frequently are Affiliate payments made?
We will transfer to your Mecomi account the Affiliate payment due to you on Followers Payments made to the Referred Influencer when you request it. You can do this by sending us an email or using our live chats from our websites.
Who bears the cost of the Affiliate payment? The cost of the Affiliate payment is borne by us, not the Referred Influencer.
Our rights relating to the Affiliate program.
If Affiliate payments have been made incorrectly then we have the right to recover the wrongly paid sums from the User to whom the wrongly paid sums have been paid.
We may request you or Referred Influencers (or both) to provide us with ID and other information reasonably required by us to verify any Affiliate payment to be made and the person to whom any Affiliate payment should be made. Failure to provide any information requested by us may lead to you losing your entitlement to Affiliate payments in respect of the relevant Referred Influencer.
We may change any aspect of the Mecomi Affiliate Program (including how Affiliate payments are calculated) or discontinue the Mecomi Affiliate Program at any time, but no change will deprive any Referring User of Affiliate payments already earned based on Follower Payments made to Referred Influencers before the changes came into effect. We will always respect the deals made with affiliates and any change won’t affect current affiliate programs and the percentages we committed to give them when they were first onboarded to Mecomi. This means that any affiliate that started making referrals before 09/07/2022 if, for example they were told 50% of profit lifetime deal, this condition won’t change, even if Mecomi decides to terminate the affiliate program.
Circumstances in which we may withhold Affiliate payments:
We may withhold all or any part of the Affiliate payments due to you but not yet paid out:
- if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;
- if you attempt or threaten to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or
- if we suspect that all or any part of the Affiliate payments due to you result from unlawful activity, either by you, by the Follower who made the Follower Payment to the Referred Influencer which resulted in the Affiliate payment, or by the Referred Influencer to whom the Follower Payment was made which resulted in the Affiliate payment,
- For as long as is necessary to investigate the actual, threatened or suspected breach(es) by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or threatened to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) all or any part of Affiliate payments due to you result from unlawful activity, we may notify you that you have forfeited all or any part of your Affiliate payments.
- We shall not have any responsibility to you if we withhold or forfeit any payment due to you under the Mecomi Affiliate Program where we have a right to do so under these Affiliate Program Terms.
- If we are withholding all or any part of the Affiliate payments due to you and we determine that part of the Affiliate payments withheld by us is unrelated to breaches by you of the Terms of Service or suspected unlawful activity, then we may pay to you the part of the Affiliate payments which is unrelated to breaches by you of the Terms of Service or suspected unlawful activity. However, you agree that if we consider that your breach(es) of the Terms of Service has or may cause us loss, we may withhold all Affiliate payments due to you but not yet paid and we may set off such amounts against any losses suffered by us.