Terms and Conditions of Use

1. Acceptance of These Terms

These Terms and Conditions of Use (these "Terms") govern your access to and use of fivementorscollective.com, together with any related content, features and functionality made available on it (the "Website") by Marga Guitart ("5MC", "we", "us" or "our").

By accessing or using the Website, submitting a business enquiry, or applying to become a mentor, you acknowledge that you have read, understood and agree to be bound by these Terms, our Privacy Policy and our Cookie Policy, each of which is incorporated into these Terms by reference. If you do not agree with these Terms, you must not use the Website.

These Terms govern your use of the Website only. They apply in addition to, and do not replace, any separate written agreement that 5MC may enter into with a corporate client or a mentor in connection with the provision of mentoring services, such as a Master Services Agreement, Statement of Work, or Commercial Collaboration Agreement (see Section 12 below).

2. Who We Are

5MC is Marga Guitart, a company duly incorporated under the laws of [COUNTRY], with tax identification number [TAX ID / CIF], and registered office at [FULL REGISTERED ADDRESS] [, registered with the Commercial Registry of [CITY] under number [●]]. You can contact us at hello@margaguitart.com. This information is provided in compliance with Article 10 of Spanish Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce ("LSSICE").

3. Purpose of the Website and Nature of Our Services

The Website provides information about 5MC's corporate mentoring programmes and services, directed principally at businesses operating in, or engaging with, the Latin American market, and allows visitors to contact us with business enquiries and to express interest in joining 5MC as mentors.

The Website is informational in nature. It is not a marketplace, does not process payments, and any content on it does not constitute a binding offer capable of acceptance. Corporate mentoring services are provided, and any commercial terms are agreed, exclusively under a separate written services agreement entered into directly between 5MC and the corporate client; mentor collaborations are governed by a separate commercial collaboration agreement entered into directly between 5MC and the mentor. See Section 12 below.

4. Eligibility and Business Use

The Website is directed at businesses and professional individuals acting in a business or professional capacity, and is not directed at consumers or at children. By using the Website, you represent that you are at least 18 years old and have the legal capacity to enter into binding obligations and, where you act on behalf of an organisation, that you are duly authorised to represent and bind that organisation. Our approach to children's data is described in our Privacy Policy.

5. Accounts and Registration

Where the Website or a related tool allows you to create an account (for example, to manage a mentor application or an ongoing mentoring engagement), you agree to: (i) provide accurate, current and complete information; (ii) keep your login credentials confidential and not share them with any third party; (iii) promptly notify us of any unauthorised use of your account or any other security incident; and (iv) take responsibility for activity that occurs under your account. Unless we agree otherwise in writing, you may only maintain one active account. We may suspend or terminate accounts that we reasonably believe to be duplicated, fraudulent, or created to circumvent these Terms.

6. Acceptable Use of the Website

When using the Website, you agree that you will not:

• Use the Website for any unlawful or fraudulent purpose, including to circumvent economic or trade sanctions or restrictions imposed by the European Union, Spain, the United Nations, or any other applicable authority.
• Engage in harassment, hate speech, or abusive or discriminatory conduct towards 5MC's staff, mentors, mentees, corporate clients, or other users.
• Send spam, phishing communications, or malicious code, or otherwise attempt to compromise the security or integrity of the Website or any account.
• Misrepresent your identity, impersonate any person or entity, or create or use a profile or account on behalf of anyone other than yourself, or an organisation you are duly authorised to represent.
• Submit false, misleading, or plagiarised information in a mentor application or profile, including as to your qualifications, professional background, or credentials (see Section 8).
• Infringe the intellectual property, privacy, confidentiality, or other rights of 5MC or any third party.
• Use bots, scrapers, crawlers, or other automated means to access, monitor, or extract content or data from the Website, other than through publicly available and documented interfaces such as standard search engine indexing.
• Reverse engineer, decompile, or otherwise attempt to derive the source code of the Website, or circumvent any technological protection measures.
• Use the Website in a manner that could damage, disable, overburden, or impair it, or interfere with any other person's use of it.
• Contract, engage, or exchange payment directly with a party introduced to you through the Website in breach of Section 7 (Non-Circumvention) below.

We reserve the right to investigate suspected breaches of this Section and to take the measures described in Section 14 (Suspension and Termination of Access).

7. Non-Circumvention

If 5MC introduces you, whether as a corporate client, mentor, or mentee, to another party through the Website or through our mentoring programmes, you agree not to solicit, contract with, engage, or make or accept payment from that other party outside of the arrangements offered by 5MC, for the purpose of avoiding the fees, terms, or involvement of 5MC, for a period of twelve (12) months from the date of the relevant introduction, unless 5MC has given its prior written consent.

This restriction is limited to what is reasonably necessary and proportionate to protect 5MC's legitimate business interest in its matching and mentoring services, in accordance with the principle of freedom of contract under Article 1255 of the Spanish Civil Code, and does not apply to any relationship that existed independently of, and prior to, an introduction made through 5MC.

8. Mentor Profiles, Applications and Content Accuracy

If you apply to become a mentor, you represent and warrant that: (i) all information in your application and profile (including your name, professional background, qualifications, photograph, and areas of expertise) is accurate, complete, and not misleading; (ii) any content you submit (such as a biography, case studies, or sample materials) is your own original work, or you hold all rights, licences, and consents necessary to use and submit it, and it does not infringe the intellectual property, privacy, or other rights of any third party; and (iii) you will promptly update your profile if this information changes.

5MC reserves the right to request supporting documentation to verify your identity, qualifications, or professional credentials, and to decline, suspend, or remove any application or profile that it reasonably believes to be inaccurate, misleading, or in breach of these Terms.

9. Confidentiality

In the course of a mentoring engagement, mentors, mentees, and corporate clients may exchange confidential or sensitive business, professional, or personal information, whether directly or through 5MC. Each party agrees to: (i) keep any confidential information it receives from another party or from 5MC in strict confidence; (ii) not disclose it to any third party without the disclosing party's prior consent, except where required by law; (iii) use it solely for the purpose of participating in, and delivering, the relevant mentoring engagement; and (iv) not copy or reproduce it beyond what is reasonably necessary for that purpose.

This obligation survives the termination of your relationship with 5MC and applies without prejudice to any more specific confidentiality obligations set out in an applicable services or collaboration agreement, which shall prevail in the event of conflict.

10. Intellectual Property Rights in the Website

The Website, including its design, layout, look and feel, features, and all content published by 5MC on it (excluding User Content, as defined in Section 11), together with all related intellectual property rights, are owned exclusively by 5MC or its licensors. "Five Mentors Collective", "5MC" and associated logos are trademarks of 5MC [or its licensors] [registration details, if any: ●].

Except for the limited right to use the Website in accordance with these Terms, you have no right, licence, or interest in the Website or its content, and you agree not to:

• Copy, modify, distribute, publicly display, create derivative works from, or otherwise exploit the Website or its content.
• Use the Website to build a competing product or service, or seek to acquire any ownership interest in it.
• Reverse engineer, decompile, or attempt to derive the Website's source code, underlying algorithms, or structure.
• Remove any copyright, trademark, or other proprietary notice from the Website.
• Use bots, scrapers, or other automated tools to extract data or content from the Website, except as permitted in Section 6.
• Introduce viruses, malware, or other technologically harmful material into the Website or our systems.

This Section does not limit any right you may have under applicable law that cannot be excluded by contract.

11. User Content and Feedback

Any content you submit through the Website, for example, in any enquiry or communication you send to 5MC ("User Content"), remains subject to the ownership and warranties described in Section 8. You grant 5MC a non-exclusive, worldwide, royalty-free licence to use, store, and reproduce your User Content to the extent reasonably necessary to operate the Website, evaluate your enquiry or application, and provide our services.

If you send 5MC comments, ideas, or suggestions about the Website or our services ("Feedback"), you grant 5MC a non-exclusive, worldwide, royalty-free, sublicensable, perpetual licence to use such Feedback for any purpose, without any obligation to compensate you or to implement it. This licence does not affect any moral rights (derechos morales) you may hold over your Feedback under Spanish or other applicable copyright law, which remain unaffected and cannot be waived under such law.

12. Relationship to Service Agreements

These Terms govern your use of the Website. They do not, by themselves, create a mentoring, consulting, or employment relationship, and they do not govern the commercial terms of a specific corporate mentoring engagement (including fees, payment terms, scope of services, or ownership of any deliverables produced under that engagement).

Those matters are set out exclusively in the applicable Master Services Agreement and/or Statement of Work entered into between 5MC and the corporate client, or in the Commercial Collaboration Agreement entered into between 5MC and the mentor, as applicable. In the event of any conflict between these Terms and such a separate agreement, the separate agreement shall prevail with respect to the specific engagement it governs.

For the avoidance of doubt, nothing in these Terms creates an employment relationship between 5MC and any mentor. Mentors provide services to 5MC and its clients on a self-employed, independent professional basis, under the terms of their own Commercial Collaboration Agreement.

13. Reporting Violations and Content Moderation

If you become aware of content on, or a use of, the Website that you believe breaches these Terms, please report it to us at hello@margaguitart.com. We will review reports in good faith and may take the action we consider appropriate, including requesting further information, correcting or removing content, or suspending or terminating access under Section 14.

We are not obliged to proactively monitor all content submitted to the Website, although we may carry out reasonable checks on our own initiative. To protect the privacy of the individuals involved, we do not generally share the outcome of an investigation with the person who reported it, except as required by law; see our Privacy Policy for further information. Misuse of this reporting channel, for example, to harass another user or make knowingly false reports, may itself be treated as a breach of these Terms.

14. Suspension and Termination of Access

We may suspend or terminate your access to the Website, your account, or any related feature, at our reasonable discretion, where we believe you have breached these Terms, engaged in unlawful or fraudulent activity, or posed a risk to 5MC, our mentors, mentees, clients, or the security of the Website.

Where reasonably practicable, we will notify you of the reasons for such action and give you an opportunity to respond, unless doing so would be unlawful, would compromise an investigation, or would create a security risk. You may stop using the Website, or request the deletion of your account, at any time by contacting us at hello@margaguitart.com. This does not affect any obligations you may separately owe under a services or collaboration agreement, which will survive termination in accordance with their own terms.

15. Disclaimer of Warranties

The Website and its content are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, 5MC makes no representation or warranty of any kind, express or implied, as to the completeness, accuracy, reliability, availability, or security of the Website.

This disclaimer does not affect any statutory warranty, guarantee, or other right that cannot be excluded or limited under mandatory Spanish or EU law, including liability arising from fraud (dolo) or gross negligence.

16. Limitation of Liability

To the fullest extent permitted by applicable law, and provided that 5MC has acted with reasonable professional diligence, 5MC, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, or consequential damages, or for loss of profits, revenue, business, goodwill, or data, arising out of or in connection with your use of, or inability to use, the Website, even where such damages were foreseeable.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or wilful misconduct (dolo), or for any other liability that cannot be excluded or limited as a matter of mandatory Spanish or EU law.

17. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless 5MC and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of: (i) your breach of these Terms; (ii) your infringement of any third-party right, including intellectual property, privacy, or confidentiality rights; or (iii) any content or information you submit through the Website.

This indemnity does not extend to any claim arising from 5MC's own breach of these Terms, negligence, or wilful misconduct, and is without prejudice to any right you may have that cannot be limited under mandatory law.

18. Governing Law, Jurisdiction and Dispute Resolution

These Terms, and any dispute arising out of or in connection with them or your use of the Website, are governed by Spanish law. If you access the Website as a consumer habitually resident in another EU/EEA member state, this choice of law does not deprive you of the protection afforded to you by any mandatory provisions of the law of your country of habitual residence.

We encourage you to first contact us at hello@margaguitart.com so that we can try to resolve any dispute or complaint amicably. Subject to any mandatory rules that may apply in your favour, the courts of [CITY], Spain, shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or your use of the Website.

Please note that the European Commission's Online Dispute Resolution ("ODR") platform was discontinued as of 20 July 2025, pursuant to Regulation (EU) 2024/3228, and is no longer available. If you qualify as a consumer under applicable law, you may still be entitled to refer an eligible dispute to an alternative dispute resolution ("ADR") entity accredited under Spanish Law 7/2017 or the equivalent legislation of your country of residence.

19. General Provisions

19.1 Changes to These Terms

5MC may amend these Terms from time to time to reflect changes in the Website, our services, or applicable law. We will publish the updated Terms on this page together with the revised "Last updated" date and, where a change is material, take reasonable steps to notify you. Your continued use of the Website after the effective date of an update constitutes acceptance of the updated Terms; if you do not agree with the changes, you should stop using the Website.

19.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

19.3 Assignment

5MC may assign or transfer its rights and obligations under these Terms, including in connection with a merger, acquisition, restructuring, or sale of assets, subject to the confidentiality and data protection safeguards described in our Privacy Policy. You may not assign or transfer your rights or obligations under these Terms without 5MC's prior written consent.

19.4 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and 5MC regarding your use of the Website, without prejudice to any separate services or collaboration agreement referred to in Section 12.

19.5 No Waiver

5MC's failure to enforce any provision of these Terms is not a waiver of its right to enforce that or any other provision at a later time.

19.6 Force Majeure

5MC shall not be liable for any failure or delay in performing its obligations under these Terms to the extent caused by circumstances beyond its reasonable control, including acts of God, war, civil unrest, industrial action, or failures of third-party telecommunications or hosting infrastructure.

19.7 Notices

Any notice you send us under these Terms should be sent to hello@margaguitart.com. We may send you notices to the email address you have provided to us.

19.8 Language and Interpretation

These Terms are drafted in English. Where a translation of these Terms is made available in another language for your convenience, the English version shall prevail in the event of any discrepancy, save that, if you qualify as a consumer resident in the EEA, the interpretation more favourable to you shall prevail. Headings are included for convenience only and do not affect the interpretation of these Terms.

20. Contact Us

If you have any questions about these Terms, please contact us at hello@margaguitart.com, or by post at [FULL REGISTERED ADDRESS].