Terms and Conditions of Preparity platform (the “Terms”)

Last updated: October 12, 2020

You should read these Terms carefully before using the Platform. By accessing or using this Platform you agree to be bound by these Terms and any documents referred to within them. If you do not agree with or accept any of these Terms then you should cease using the Platform immediately.

1. INTERPRETATION

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

2. DEFINITIONS

For the purposes of these Terms:

Coach” means an induvial authorized by the Company to provide Services on the Platform in the areas of preparation for problem-solving cases or fit-interviews;

“Country” refers to: Republic of Estonia;

“Company” (referred to as either "the Company", "we", "us" or "our") refers to Preparity OÜ; Sepapaja 6, Tallinn 15551, Estonia;

“Content” means any information, including but not limited to training materials, text, images, figures, charts, means of communications, articles, web-links, entertainment and other services, which the Company provides at the Platform or its associated subdomains;

Free Trial” means free access for a limited period of time to the Platform and the relevant Services;

“Platform” means the online service platform Preparity, that is available at the website https://preparity.com/ and mobile device application https://app.preparity.com;

“Promotions” means contests, sweepstakes or other promotions offered via the Platform;

“Services” mean the online services related to assistance with preparation to consulting industry tests, which are available for the Users at the Platform at each particular period of time. The Services, inter alia, comprise the following services: 

  • generating tests based on question databases that are close to the original tests used in specialized companies;
  • generating user-customized tests from question databases based on a system of specialized criteria;
  • training test materials and tracking the User's productivity statistics;
  • providing an online-meetings where Users and Coaches can communicate with each other;
  • taking advantage of paid collaboration services for problem-solving training and other related topics;

Subscription” means the access to the Services for the period of time selected by you at the time of purchase;

“Terms” means these terms and conditions, which constitute the binding agreement regarding the use of the Platform and the Services between you and the Company;

“Visitor” means an individual who visits the Platform without registering or authorizing itself as a User;

“User (or you, etc.)” means an individual who accesses or uses the Platform and the Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Platform and the Services, as applicable. For avoidance of doubt, for purposes of these Terms the Coach shall be regarded as the User.

3. ACKNOWLEDGMENT

3.1. These Terms set out the rights and obligations of all Users regarding the use of the Platform and providing the Services. By accessing the Platform, you are agreeing to be bound by these Terms and, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.

3.2. Your access to and use of the Platform and the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all Visitors and Users who are provided with access to the Platform and/or are entitled to use the Services.

3.3. By accessing or using this Platform you agree to be bound by these Terms and any documents referred to within them. If you do not agree with or accept any of these Terms then you should cease using the Platform immediately.

3.4. By accessing the Platform and/or using the Services you represent that you are of the age and in the capacity that allows you to use the Platform and the Services, including without parent or guardian control under any applicable local laws. No part of the Platform is structured to serve or attract anyone under the age of 18 years old.

3.5. Unless otherwise stated in these Terms or agreed with us in writing, the Platform is for your personal and non-commercial use only.

Your access to and use of the Platform and the Services is also conditioned on your acceptance of and compliance with the Privacy Policy available at https://preparity.com/privacy-policy of the Company. Our Privacy Policy describes our policies and procedures on the storage, use and disclosure of the personal data. Please read our Privacy Policy carefully before using our Platform.

4. REGISTRATION AND MEMBERSHIP

4.1. The Visitor becomes the User of the Platform upon successful registration. The User is asked to provide her real name and email address, along with all other personal data provided during registration, truthfully and completely.

4.2. If you subscribe to any of the Services, you will have an account and a password. Access to password protected portions of the Platform is available for only so long as you have paid all required fees to the Company and you use the Platform in compliance with these Terms. You are responsible for maintaining the confidentiality of your account and password and for restricting access to materials at the Platform to anyone other than yourself. 

4.3. Upon registration at the Platform, you must complete the relevant profile that you agree to display to other Users. You agree to provide and keep at all times true, accurate and complete information about your profile and all registration and other forms that you use on the Platform or provide to us, as well as update your information to maintain its truthfulness, accuracy and completeness. You agree not to provide false or misleading information about your identity or location, your business, your skills or the services you provide, and to correct any such information that is or becomes false or misleading.

4.4. We reserve the right to refuse registration, service, terminate accounts, remove or edit Content, or cancel orders in our sole discretion. 

4.5 You may register and keep the account at the Platform in the capacity of the User (user type account) and/or in the capacity of the Coach (coach type account). Unless otherwise agreed with us, you are not allowed to have more than one same type account but may have one User type account and one Coach type account simultaneously.  

5. PLATFORM’S USE

5.1. You may not use the Platform in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Platform. You may not intentionally interfere with or damage the operation of the Platform, or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code.  You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Platform, features that prevent or restrict the use or copying of any content accessible through the Platform, or features that enforce limitations on the use of the Platform.  You may not attempt to gain unauthorized access to the Platform, or any part of it, other accounts, computer systems or networks connected to the Platform, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Platform.  You agree neither to modify the Platform in any manner or form, nor to use modified versions of the Platform, including (without limitation) for obtaining unauthorized access to the Platform.

5.2. Engaging in a session at the Platform requires compatible hardware and may require the download and installation of specified software.  You are solely responsible for acquiring and installing any such hardware and software and for determining compatibility with your system, and hereby assume all risk and liability associated with such hardware and software.  You acknowledge that it is your responsibility to review and comply with all applicable license agreements and other terms and conditions relating to all software you use in connection with any sessions and the Platform, generally.

5.3. The Company provides the User with the Content. The Content may be developed by the Company or provided by a third party, to which the Company provides access. The Company strives to ensure the maximum availability of the Services, however, continuous availability shall not be guaranteed. 

5.4. Whilst we use reasonable efforts to include accurate and up-to-date information on the Platform, We do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Platform is at your own risk and we may suspend or terminate operation of the Platform at any time at our sole discretion. Nothing in these Terms shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Platform is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites, which may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. We further may make changes to or discontinue any of the media, products or services available on the Platform at any time, and without notice.  The media, products or services on the Platform may be out of date, and the Company makes no commitment to update these materials on the Platform.

5.5. As a condition of your use of the Platform you agree:

  • not to use the Platform for any purpose that is unlawful or prohibited by these Terms.  Access to any Platform’s materials from territories where their contents are illegal is strictly prohibited.  Users and Coaches are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, e-mail, or privacy;
  • not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Platform or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
  • not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Platform or its Content except as permitted by us under these Terms or as expressly provided under applicable law;
  • not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and
  • that you are solely responsible for all costs and expenses that you may incur in relation to your use of the Platform and shall be solely responsible for keeping your password and other account details confidential.

5.6. The Company is not responsible for the Services offered and/or provided by any third parties to the Users at the Platform. The Company shall not have the availability to control transactions between the Users and any third parties (e.g., Coaches) conducted at the Platform. Consequently, all such transactions are concluded by the Users with full assumption of possible risks and liabilities.

6. COACH

6.1. The User acknowledges that the Company is not an employer of, or joint employer or integrated or single enterprise with any Coach or User.  The Company is not responsible for the performance or non-performance of any Coach or User.  Each Coach is solely and entirely responsible for their own acts and for the acts of their employees, subcontractors, affiliates and agents.  Each User is solely and entirely responsible for their own acts and for the acts of their employees, subcontractors, affiliates, and agents.  The Company is under no obligation to ensure any session is completed to User’s satisfaction.

6.2. The Company makes no representation or warranty regarding the results of engaging in a session with a Coach, including without limitation that your experience with a Coach will meet your expectations or goals. You acknowledges and agrees that the Company has no responsibility for, control over, or involvement in the scope, nature, quality, character, timing or location of any work or services performed by the Coach, including any work or services that any individual affiliated with the Coach may provide, either as an employee, independent contractor, or otherwise.  

6.3. All sessions are subject to Coach’s availability, and the Company does not guarantee that any particular (or any) Coach will be available at any given time. Coaches are subject to periodic check-ins.  You acknowledge that the Company has no duty to verify any stated credentials, experience, or qualifications of any Coach, and that the Company does not conduct any screening of Coaches other than stated herein. 

6.4. The User understands that, unless otherwise specifically agreed between the User and the relevant Coach, the Coach will provide all materials, instruments and tools, which shall be required for the Coach to render the coaching Services via the Platform.

6.5. Subject to The User’s express permission, the Coach may hire employees or engage contractors or subcontractors (at her own expense) to assist in the provision of coaching services. Nevertheless, the Coach remains fully and solely responsible for rendering the coaching Services.

6.6. The Coach is responsible for and pays for all costs, expenses and fees occurred or arising out of rendering coaching Services. 

7. PRICE AND PAYMENT

7.1. The Company reserves the right to revise its pricing policy at any time by disclosing the actual prices at the Platform. 

7.2. By making payment at the Platform you represent that you are of the age and in the capacity that allows you to conduct the payment operations at the Platform in accordance with any applicable local laws.

7.3. In connection with conducting any payment at the Platform you may be asked to provide certain information related to the relevant payment operation including, without limitation, your name, your email, your phone number, details of your card and the billing address. You grant us the right to provide such information to payment processing operators for purposes of processing the relevant payment.

7.4. Payment for the Services can be made by means of various payment methods, which are available at the Platform, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example). Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your order.

8. SUBSCRIPTION

8.1. The Services or some parts of the Services are available only with a paid Subscription. You will be billed in advance on a one-time basis.

8.2. At the end of paid Subscription period, you may not be able to automatically renew such transaction under the exactly same terms and conditions and you will be able to acquire a new Subscription.

8.3. You may cancel your Subscription by contacting the Company. You will not receive a refund for the fees you already paid for your current Subscription period and you will be able to access the Platform until the end of your current Subscription period. However, certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

9. FREE TRIAL

9.1. The Company may, at its sole discretion, offer a Free Trial access to the Platform and the Services.

9.2. The Company determines at its sole discretion the terms and conditions, under which the User obtains such Free Trial access to the Platform and the scope of the relevant Services.

9.3. At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial access, or (ii) cancel such Free Trial access.

10. PROMOTIONS

10.1. Any Promotions made available on the Platform may be governed by the rules that are separate from these Terms.

10.2. If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

11. CONTENT

11.1. Our Platform allows you to post the Content. You are responsible for the Content that you post to the Platform, including its legality, reliability, and appropriateness.

11.2. You agree that by making available any Content on or through the Platform, you thereby grant the Company a worldwide, irrevocable, perpetual or defensive non-exclusive, transferable, free license with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, transmit, broadcast, broadcast, access, view and otherwise use such User’s Content, through or to promote or sell web services. The Company does not claim any ownership rights in any such User’s Content, and nothing in these Terms will be deemed to limit any rights you may have to use any such User’s Content.

11.3. You agree that you are solely responsible for all Content that you make available through the Platform. You represent and warrant that: either you are the sole and exclusive owner of all User’s Content that you provide through the online services, or you have all the rights, licenses, consents and releases necessary to grant the Company rights to such User’s Content as this is provided for in these Terms; and neither the User’s Content, nor your posting, uploading, posting, sending or transmitting User’s Content or the Company's use of User’s Content or any part thereof on, through or through the web services will infringe, misappropriate or infringe a patent, copyright, trademark, trade secrets, moral rights or other property or intellectual property rights of a third party, publicity or privacy rights, or violate any applicable law or regulation.

11.4. The Platform may contain links to third party websites or resources. You acknowledge and agree that the Company is not responsible for the availability or accuracy of such websites or resources, as well as the content, products or services on such websites or resources or available on them. Links to such websites or resources do not imply any endorsement from such websites or resources or the content, products or services available on such websites or resources. You acknowledge sole responsibility and assume all risks arising from your use of any such websites or resources, content, products, or services available on such websites or resources.

11.5. You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • unlawful or promoting unlawful activity;
  • defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups;
  • spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  • containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person;
  • infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights;
  • impersonating any person or entity including the Company and its employees or representatives;
  • violating the privacy of any third person;
  • false information and features.

11.6. Where the Platform enables you to communicate with us and/or other Users, you may not use the Platform to transmit harmful or offensive (e.g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Platform into disrepute. Although we reserve the right to monitor, edit, review or remove discussions, chats, postings, transmissions, bulletin boards and similar communications on the Platform from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any Content posted on the Platform nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information. Our right to use submissions or other material provided by you is non-exclusive, freely transferable and worldwide so you shall be entitled to use your own material yourself subject to applicable law.

11.7. The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or discard the use of the Platform if you post such objectionable Content. As the Company cannot control all content posted by Users and/or third parties on the Platform, you agree to use the Platform at your own risk. You understand that by using the Platform you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

11.8. Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But you acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the Platform.

12. COPYRIGHT POLICY

12.1. We respect the intellectual property rights of others. It is our policy to respond to any claim that the Content posted on the Platform infringes a copyright or other intellectual property infringement of any person.

12.2. If You are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Platform, you must submit your notice in writing to the attention of our copyright agent via email at dpo@preparity.com and include in your notice a detailed description of the alleged infringement.

12.3. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.

12.4. You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Platform where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

12.5. You can contact our copyright agent via email at dpo@preparity.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Platform.

13. INTELLECTUAL PROPERTY

13.1. The Platform and its original content (excluding Content provided by you or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

13.2. The Platform is protected by copyright, trademark, and other laws of both the Country and foreign countries.

13.3. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

14. FEEDBACK 

14.1. You assign all rights, title and interest in any feedback you provide to the Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

15. TERMINATION

15.1. The User shall be able to terminate the membership at the Platform. Termination can be made at any time by serving a notice to info@preparity.com from an email address registered on the Platform. The termination notice must indicate the registered email address of the User or the Coach.

15.2. You agree that the Company may terminate your membership at the Platform or your use of the Platform, and remove and discard all or any part of your account at any time, if the Company finds that:

  • you fail to comply with the terms and conditions of these Terms; or
  • your membership may adversely affect functioning of the Platform or providing by the Company of the Services. 

15.3. You agree that the Company shall not be liable to you or any third-party for any termination of your access to the Platform or any account you may have or portion thereof. 

15.4. The Company does not permit copyright infringing activities on the Platform and reserves the right to terminate access to the Platform, and remove all content submitted, by any infringers.  Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Platform may be referred to appropriate law enforcement authorities.  These remedies are in addition to any other remedies the Company may have at law or in equity.  

16. LIMITATION OF LIABILITY

16.1. Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Platform or 100 USD if you haven't purchased anything through the Platform.

16.2. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

17. "AS IS" and "AS AVAILABLE”

17.1. The Platform and the Services are provided to You "AS IS/ARE" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Platform and the Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Platform and the Services will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

17.2. Without limiting the foregoing, neither the Company nor any of the Company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Platform, or the information, content, and materials or products included thereon; (ii) that the Platform will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Platform; or (iv) that the Platform, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

17.3. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

18. GOVERNING LAW

18.1. The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and your use of the Platform. Your use of the Platform may also be subject to other local, state, national, or international laws.

19. DISPUTES RESOLUTION

19.1. If you have any concern or dispute about the Platform, you agree to first try to resolve the dispute by contacting the Company.

20. FOR EUROPEAN UNION (EU) USERS

20.1. If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

21. UNITED STATES FEDERAL GOVERNMENT END USE PROVISIONS

21.1. If you are a U.S. federal government end user, our Platform is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

22. UNITED STATES LEGAL COMPLIANCE

22.1. You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

23. SEVERABILITY AND WAIVER

23.1. If any provision of these Terms 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.

23.2. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

24. TRANSLATION INTERPRETATION

24.1. These Terms are drafted in English and English language shall prevail over any other languages. Any action brought under these Terms shall be conducted in the English language.  

25. TERMS’ AMENDMENT

25.1. These Terms may be modified at any time; the date of the most recent changes or revisions will appear on this page. Your continued use of our Platform and the Services will constitute your acceptance of any changes or revisions to these Terms on this page. If you do not agree to these Terms, please do not use the Platform.

25.2. By continuing to access or use our Platform after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Platform and the Services.

26. CONTACT US

26.1. If you have any questions about these Terms, You can contact us:

By email: info@preparity.com

By visiting this page on our website: https://app.preparity.com/support