prepfully

Prepfully Terms of Service

Effective Date: June 1, 2020

Welcome to Prepfully! It is an online platform designed to help candidates be better prepared for their interviews by providing an array of relevant products & services

PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE (THE “TERMS OF USE”), BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU, A USER (see 1.15) AND PREPFULLY (“Prepfully,” or “prepfully.com” or “we,” “our” or “us”) WITH RESPECT TO YOUR USE OF THE SERVICE.

The Service (the “Service”) including but not limited to any content, products and services offered on or through www.prepfully.com (the “Site”), any related subdomains and forums, chat rooms, blogs, accounts as well as other products and services offered by Prepfully (collectively, "Prepfully")

To access or use the Service, you must be at least 13 years of age or, the age of majority in your jurisdiction. By using this Service you represent and warrant that you meet all the foregoing eligibility requirements as per the applicable law of the jurisdiction you reside in

THESE TERMS OF USE INCLUDE (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AGREE TO THESE PROVISIONS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THE TERMS OF USE AND THE ABOVE ELIGIBILITY REQUIREMENTS, YOU ARE PROHIBITED FROM USING THE SERVICE

While using the Service, we may require you to provide personal information. We retain and use such information according to the terms of our Privacy Policy set forth at prepfully.com/privacy-policy (the “Privacy Policy”). By submitting to the Terms of Use, you also agree to the terms of Prepfully’s Privacy Policy.

For purposes of the Terms of Use, “you” and “your” means you as the user of the Service. If you use the Service on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of that entity with the authority to bind the entity to these Terms of Use, and that you agree to these Terms of Use on the entity’s behalf.

1. Key Terms

  • “Candidate” means a user, registered or unregistered, who is looking for relevant resources to be better prepared for an interview
  • “Expert” means a user registered on our platform who can help a candidate with their interview preparation
  • “Expert Advice” is a session with an expert where they provide candidates advice
  • “Feedback” can either mean the expert’s evaluation on the candidate’s performance during the session or a user’s evaluation on their experience on the Prepfully platform
  • “Practice Interview” is a session with an expert where they simulate a real-world interview for a candidate
  • “Interview Guide” is a guide for the interview process of a given company & role
  • “Interview Package” is a series of sessions (a session can be a Practice Interview or Expert Advice) where the expert mentors the candidate throughout their interview journey
  • “Payment” is the money amount a Candidate pays to Prepfully upon booking a session or a series of sessions (for instance, in an Interview Package)
  • “Remuneration” is the amount paid by Prepfully to the Expert per session or series of sessions (in an Interview Package) for offering their services on the platform
  • “Interview Questions” is a directory of sample questions asked in an interview at a given target company/role as well as previously asked interview questions. Some of the questions might have answers
  • “Session” means an interaction between an expert and the candidate on the platform. Sessions are generally 1-hour long but may vary based on different conditions
  • “Target Company” means the company the candidate is applying to
  • “Target Location” means the office location the candidate is applying at
  • “Target Role” means the role the candidate is applying for
  • “Transaction” means a formal agreement of service between the User and Prepfully, where an exchange of funds might be involved
  • “User(s)” refer to those who use or access any product/service on Prepfully, registered or unregistered and User may either be Expert or Candidate
  • “User Generated Content ("UGC")” refers to all content(s) created and/or uploaded in the Site by Users as opposed to other content(s) created and/or uploaded by Prepfully

2. Using Prepfully

  • Who Can Use It. Use of Prepfully by anyone under 13 years of age is prohibited. A User represents that he/she is at least the age of majority in the jurisdiction where the User lives or, if the User is not, the User’s parent or legal guardian must consent to this Terms of Service and affirm that they accept this Agreement on the User’s behalf and bear responsibility for the User’s use.
  • Registration When Users set up a profile on Prepfully, the Users will be asked to provide certain information about themselves. Users agree to provide us with accurate information, when Users create Users’ accounts on Prepfully. We will treat information Users provide as part of registration in accordance with our Privacy Policy. Users should take care in maintaining the confidentiality of the Users’ password.
  • Privacy Policy. Our privacy practices are set forth in our Privacy Policy. By use of Prepfully, Users agree to accept our Privacy Policy.
  • Termination. The Terms remain in effect for users so long as the user(s) account remains open. A user shall have all the right to close the User's account at any time. Prepfully reserves the right to terminate the account of any user on grounds of violation of Prepfully’s policy, or for any other reason, without due notice. Prepfully has no liability whatsoever to the user for any termination of the user's account or related deletion of user information.
  • Changes to the Prepfully. We are always trying to improve the Users’ experience on Prepfully. We may need to add or change features and may do so without notice to the Users.
  • Feedback. We welcome any User’s feedback and suggestions about how to improve Prepfully. Users can submit their feedback either by a) Contact form on the site b) Emailing us at support@prepfully.com c) Product feedback form (provided only to the Users who use one of our products). By submitting feedback, Users agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, freely and without compensation to the Users
  • Candidates
    • Candidates are prohibited from scheduling direct session(s) with Experts outside Prepfully.
    • Candidates are prohibited from offering direct payments to Experts. Prepfully pays out the agreed remuneration to the experts.
    • Prepfully retains the right to use all feedback (without disclosing personal details of the User unless prior permission taken from the User) for Prepfully marketing and promotional purposes.
    • Candidates pay Prepfully to access the paid products such as sessions with an expert. Prepfully uses Payment Services Providers (i.e. Paypal) for purposes of collecting payments from candidates. All payments services in connection with the collection of funds on Prepfully are performed by Prepfully’s Payment Services Providers.
    • A candidate should not ask any company-sensitive information from the expert. The expert is not required to provide any such information to the candidates.
    • By using any product on the Service, you agree and accept the relevant cancellation and rescheduling policies or any other additional terms and conditions associated with the product as shared on the Service or prepfully team. In case of any unclarity around the policies, the candidate is expected to clarify it with Prepfully customer support by emailing us at support@prepfully.com.
    • A candidate is not entitled to receive any feedback from the expert unless the candidate submits his/her feedback on the session.
    • To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, payment information in connection with payment for sessions is collected by either Prepfully or Prepfully’s Payment Services Providers. Payment Services Providers may also collect such other information as necessary for purposes of processing payments. Prepfully is not exposed to the payment information provided to Payment Services Providers, and this information is subject to the privacy policy applicable to the Payment Service expert.
    • By using any payment method and/or providing payment details for making payments to Prepfully, a User represents and warrants that: (a) the User is legally authorized to provide such information; (b) the User is legally authorized or have permission to make payments using the payment method(s); (c) if the User is an employee or agent of a company or person that owns the payment method, the User is authorized by that company or person to use the payment method to make payments to Prepfully; and (d) such actions do not violate any applicable law
  • Experts
    • Experts should not schedule direct session with Candidates outside of the Prepfully system
    • Experts should not ask for direct payments from Candidates at any point. Prepfully pays out the agreed remuneration to the expert via Paypal.
      Exceptions can be made for bank transfers (fees might apply).
    • Prepfully retains the right to use all feedback (without disclosing personal details of the User unless prior permission taken from the User) for Prepfully marketing and promotional purposes
    • An expert is entitled to remuneration for a session only post he/she has completed the session successfully and has completed and submitted the feedback form shared by Prepfully for the session. No payout will be made till then
    • Expert’s rating and remuneration may influence the number of potential session requests an expert gets on Prepfully
    • The expert's rating is calculated based on the reviews given by candidates as well as their contributions on the Prepfully platform
    • Expert’s base remuneration is dependent on the role & company(s) they are registered as an expert on the platform.
    • If an expert believes their experience justifies a higher renumeration, they can ask for the same provided they are able to establish their expertise by the means suggested by Prepfully.
    • Prepfully does not commit to provide any specific number of sessions to an expert during a given period
    • Prepfully matches the expert with relevant candidates, and the expert agrees to take session(s) with the candidate if they are available.
    • If a conflict of interest occurs, experts are expected to declare it in a timely manner and ensure that there is no adverse effect on a candidate’s application.
    • An expert should not share any information with the candidate that is labeled ‘sensitive’ or ‘confidential’ by his/her employer
    • If you are asked to take an actual interview of a candidate at your company that you have taken a session with on Prepfully platform , then you should declare a conflict of interest to your company and get yourself removed from the hiring process. Alternatively if you are asked to take a session of a candidate on Prepfully platform that you are currently interviewing at your company, then you should declare a conflict of interest to Prepfully and we will find another expert for the candidate
  • Other User Actions. By using Prepfully, you also agree that you will not, under any circumstances:
    • download (other than through page caching necessary for personal use, or as otherwise expressly permitted by the Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained in, or obtained from or through, the Service, without Prepfully’s express prior written consent;
    • duplicate, decompile, reverse engineer, disassemble, decrypt, decode, translate, or derive source code from any aspect of the Service (including any underlying idea or algorithm), or attempt to do any of the same;
    • decrypt or modify any data transmitted between a client and the Prepfully server in a manner not expressly authorized by Prepfully;
    • use, post, host or distribute macros, “bots” or other programs which would allow unattended game play or which otherwise impact game play, including without limitation any program which enables or facilitates automated character skill or level increases;
    • use third party software that intercepts, collects, reads, mines, or stores user information gathered by Prepfully or generated by the Service;
    • use, reproduce or remove any copyright, trademark, trade names, slogans, logos, images, service marks or other proprietary notations or other intellectual Property Rights displayed on or through the Service;
    • frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of Prepfully without our express consent;
    • purchase search terms or use any meta tags or any other “hidden text” utilizing the Prepfully name or trademarks without our express consent;
    • use the Service in any manner that could disable, overburden, damage, disrupt or impair the Service or interfere with any other party’s use of the Service or use any device, software or routine that causes the same;
    • attempt to gain unauthorized access to, interfere with, damage or disrupt the Service, accounts registered to other users, or the computer systems or networks connected to the Service;
    • circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Service;
    • use any robots, spiders, crawlers or other automatic devices, processes, software or queries that intercept, “mine,” scrape or otherwise access the Service to monitor, extract, copy or collect information from or through the Service, or any manual processes to do the same;
    • introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
    • use the Service to impersonate, or attempt to impersonate Prepfully, a Prepfully employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing), create multiple accounts, or otherwise misrepresent or mislead others about yourself;
    • use the Service to ask users for their personal information;
    • use the Service for illegal, harassing, unethical, or disruptive purposes;
    • use the Service in any way that would adversely affect or reflect negatively on Prepfully, the Service, our goodwill, our experts, our employees or moderators, our name or reputation, or discourage any person, firm or enterprise from using all or any portion of the features or functions of the Service, or from advertising, linking or becoming a supplier to us in connection with the Service;
    • (if you are a company, organization, or entity); violate the terms of your privacy policies or other policies concerning the sharing of information that users, including your employees, provide in relation to Institutional Uses (as defined in the Privacy Policy);
    • violate any applicable law or regulation in connection with your use of the Service; or
    • use the Service in any way not expressly permitted by the Terms of Use

3. Data and Intellectual Property Ownership

Prepfully takes its data and intellectual property rights very seriously. As between Prepfully and you, Prepfully owns, has licensed, or otherwise has rights, title and interest in and to the Service and all of the content that appears on the Service. Prepfully’s intellectual property rights include, but are not limited to, copyrights, trademark rights, trade dress rights, and trade secrets. You agree that you have no right, title or interest in or to the Service or any other Prepfully content.

All software (including source code), logos, icons, the Service’s “look and feel,” text, graphics, images, video clips, sound clips, content, notices, data, page layout, and selection and arrangement of the content and all copyrights, patents, trade secrets, trademarks and other intellectual property rights therein shall be owned solely and exclusively by Prepfully and/or its licensors and are protected by the Netherlands and international copyright, trade secret or other intellectual property laws and treaties. The compilation of all content and any software or other materials provided by Prepfully on the Service, or in connection with the Service are the exclusive property of Prepfully and/or its licensors and are protected by the Netherlands and international copyright, trade secret or other intellectual property laws and treaties. Prepfully and its licensors reserve all rights in connection with the Service and its content (other than User Content), including, without limitation, the exclusive right to create derivative works therefrom.

Prepfully’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Prepfully and/or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Prepfully. Any images of persons, personalities, products, services or any other content contained on the Service are not an indication or endorsement of Prepfully of any particular product or our service unless otherwise indicated.

4. User Generated Content (“UGC”) Provision

  • Prepfully does not check UGC for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported content(s) of violation may be removed or disabled.
  • Ownership. User, or User’s licensors, as applicable, retains ownership of the copyright and other intellectual property in UGC, subject to the non-exclusive rights granted to us below.
  • License and Permission to UGC.
    • By submitting, posting, or displaying UGC on the Site, User grants Prepfully and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate and make available to the public, and otherwise use UGC in connection with the operation or use of the Site or the promotion, advertising or marketing of the Site or our business partners, in any and all media or distribution methods (now known or later developed). A User shall agree that this license includes the right for Prepfully to make UGC available to other companies, organizations, business partners, or individuals who collaborate with Prepfully for syndication, broadcast, communication and making available to the public, distribution or publication of UGC on the Site or through other media or distribution methods. This license also includes the right for other Users to use, copy, reproduce, adapt, modify, create derivative works from, publish, transmit, display, and distribute, translate, communicate and make available to the public UGC, subject to our Terms of Service.
    • A User shall acknowledge and agree that Prepfully may preserve UGC and may also disclose UGC and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any UGC violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of Prepfully, its Users, or the public.
    • A User shall understand that we may modify, adapt, or create derivative works from UGC in order to transmit, display or distribute it over computer networks, devices, service experts, and in various media. We also may remove or refuse to publish UGC, in whole or part, at any time.
    • A User shall further give us the permission and authority to act as your non exclusive agent to take enforcement action against any unauthorized use by third-parties of any UGC outside of the Site or in violation of our Terms of Service.
  • User’s Responsibilities for UGC. By posting UGC on the Site, User represents and warrants us that: (1) the User has the ownership rights, or the User has obtained all needed licenses or permissions from any necessary parties, to use UGC and grant us the rights to use UGC as provided for under this Agreement, and (ii) that posting UGC violates no intellectual property or personal rights of others or any applicable law or regulation. A User accepts full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with UGC. A User is responsible for ensuring that UGC does not infringe any copyrights, trademarks, and other intellectual property rights. A User agrees to pay all royalties, fees, and any other monies owed to any person by reason of UGC

5. Taxes

  • Candidates may be charged with indirect taxes (such as Value Added Tax or Goods and Services Tax) depending on their residency, location and any applicable law, in addition to the price of the session
  • Candidates agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on the Site are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax and/or deductions.
  • Experts agree that they are responsible to comply with all tax requirements applicable to them and are solely responsible to file taxes for their earnings on Prepfully based on their resident and/or home country tax laws. It is hereby clarified that Prepfully does not treat its experts as employees and is not responsible for any tax filing on behalf of experts

6. Refunds

  • Prepfully will automatically process the refund to the candidates for cancelled transactions as per the cancellation policy associated with the product
  • In scenarios where the candidate either did not find the service provided as per their expectations or in case of interview package, did not get the job offer despite taking all the sessions, the candidate is expected to provide Prepfully with relevant documents/proof to validate the scenario. Prepfully will then investigate the case at its end and the final decision to process the refund will be at the discretion of Prepfully

7. Disputes and Cancellations

  • Overview: Disputes shall be handled by contacting Prepfully Customer Support at support@prepfully.com
  • Basics
    • Cancellation policy may vary based on the type of product/session
    • If a candidate is late by more than 5 minutes from the scheduled time of the session, then Prepfully has the right to cancel the session with no refund to the candidate. In addition to this, if a candidate is late to the session, then expert is not required to compensate for the lost time and candidate will get a shorter session (Promised duration - number of minutes candidate was late to session) than promised initially
    • If an expert is late to the session, then expert is required to compensate for the lost time and provide candidate a session for the entire duration promised initially to the candidate. If an expert fails to provide candidate a session for the entire duration promised to the candidate (barring the scenario where the candidate was late to the session), Prepfully has the right to withhold the remuneration for that session.
    • A candidate will be informed of the expert profile before the session is scheduled. The candidate can reject the profile and ask for other expert options from Prepfully. But once the candidate accepts the profile, then the candidate cannot reject the profile or cancel the session due to that reason at a later stage
    • Filing a transaction dispute or reversing a payment through the User’s payment provider or the User’s bank is a violation of these Terms of Service. Doing so may get the User’s account temporarily or permanently disabled. Note: once the User has filed a dispute with the User’s payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
    • Prepfully, through its Payment Services providers, reserves the right to cancel transactions or place funds on hold for any suspected fraudulent transactions made on the Site.
    • If a transaction is cancelled (for any reason), the funds paid will be refunded to the relevant User

8. User Conduct and Protection

  • Overview. Prepfully maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Prepfully. This section relates to the expected conduct Users should adhere to while interacting with each other on Prepfully. To report a violation of our Terms of Service, User Misconduct, or inquiries regarding User account, please contact us at support@prepfully.com
  • Basics
    • To protect our Users' privacy, User identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Prepfully in order to circumvent or abuse the Prepfully platform is not permitted.
    • Any necessary exchange of personal information required to continue a service may be exchanged only via Prepfully customer support or Prepfully approved channels
    • Prepfully shall not be responsible or undertake the liability for the level of service offered to the candidates over the platform/site.
    • Users are required to attend the sessions on time. In case of any potential delay on any side, the user is required to give a heads up to Prepfully about it
    • Users are expected to use a quite zone to take the sessions to avoid distractions/disruptions
    • Prepfully shall not be liable for any User interaction, outside the purview of the Prepfully platform. User(s) are solely responsible for their action and/or conduct therein.
    • All information and file exchanges must be performed exclusively on Prepfully's platform or Prepfully arranged communication channels
    • Prepfully has zero-tolerance for rude, abusive, improper language, or violent messages. Any such behavior may result in an account warning or the suspension/removal of your account.
    • Prepfully is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of the User’s account
  • Specific User Misconducts
    • Candidates are prohibited from asking, requesting and/or coercing experts to reveal information which may otherwise be sensitive and/or confidential to the expert or his/her employer. If this behavior is reported, Prepfully reserves the right to cancel the session with no refund at its sole discretion. Prepfully also reserves the right to cancel/suspend the User’s account at its sole discretion.
    • In an Interview Package, candidates should use the Slack channel only to either schedule subsequent sessions or ask very quick and urgent queries to the expert. In case, Prepfully finds the candidate is abusing the channel by either asking too many queries to the expert or very big topics that should ideally be covered in a session, then Prepfully has the right to cancel the Interview Package immediately with no further explanation. It might also lead to blocking of Interview package product for such users

9. Integrated Service Provider

A User may enable another online service provider, such as a social networking service (the “Integrated Service Provider”, say Linkedin), to be directly integrated into the User’s account on the Site. By enabling an integrated service, the User is allowing us to pass to, and receive from, the Integrated Service expert the User’s login information and other user data. For more information about Prepfully’s use, storage, and disclosure of information related to User and User’s use of integrated services within Prepfully, please see our Privacy Policy. Note that a User’s use of any Integrated Service providers and his/her own handling of his/her data and information is governed solely by its terms of use, privacy policies, and other policies.

10. Violations

  • Overview. Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Customer Support team. A warning will be sent to the User's email address and will be displayed for such User on the Site. Receiving repeated warnings may lead to the User’s account being prohibited from using some features or becoming permanently disabled based on the severity of the violation.
  • Non-Permitted Usage
    • Adult Services, Pornography, or Inappropriate/Obscene Content(s) - Prepfully does not allow any exchange of adult oriented or pornographic materials and services.
    • Inappropriate Behavior & Language - Communication on Prepfully should be friendly, constructive, and professional. Prepfully condemns bullying, harassment, and hate speech towards others.
    • Phishing, Spam or Violent Content(s) - Prepfully takes the matter of its Users’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another User’s account or computer environment is strictly prohibited.
    • Privacy & Identity - A User may not publish or post other people's private and confidential information. Any necessary exchange of personal information required to continue a service may be exchanged only via Prepfully customer support or Prepfully approved channels. Experts further confirm that whatever information they receive about the candidate from Prepfully or via candidate directly, which is not public domain, shall not be used for any purpose whatsoever other than for guiding/interviewing the candidate during the session. Any Users who engage and communicate off of Prepfully will not be protected by our Terms of Service. Any Users posting confidential information or private information about themselves or others shall be solely responsible for such actions.
    • Authentic Prepfully Profile - A User may not create a false identity on Prepfully, misrepresent your identity, create a Prepfully profile for anyone other than himself/herself (a real person), or use or attempt to use another User’s account or information; User’s profile information, including User’s description, skills, location, etc. while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Prepfully reserves the right to require Users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
    • Intellectual Property Claims - Prepfully will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.
    • Fraud / Unlawful Use - A User may not use Prepfully for any unlawful purposes or to conduct illegal activities.
  • Abuse and Spam
    • Multiple Accounts - To prevent fraud and abuse, Users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Prepfully community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to Prepfully’s Terms of Service is cause for permanent suspension of all accounts.
    • Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on Prepfully. This includes creating new multiple accounts to harass members through our message or ordering system.
    • Selling Accounts - A User may not buy or sell Prepfully accounts.
  • Reporting Violations. If a User comes across any content that may violate our Terms of Service, the User should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. The User can review our Privacy Policy for more information.

11. DISCLAIMERS AND LIMITATION OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF PREPFULLY ENTITIES TO A USER. “PREPFULLY ENTITIES” MEANS PREPFULLY INC., AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
  • USER’S USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT THE USER’S OWN RISK. ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PREPFULLY ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING OR TRADE USAGE.
  • USERS AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, PREPFULLY ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, PREPFULLY ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE PREPFULLY
  • USER’S SOLE REMEDY FOR DISSATISFACTION WITH PREPFULLY IS TO STOP USING PREPFULLY.

12. INDEMNIFICATION

Users agree to release, indemnify, defend Prepfully Entities from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) Users’ use of Prepfully, ii) User Generated Content (UGC), iii) Users’ conduct or interactions with other Users of Prepfully, or iv) Users’ breach of any part of this Agreement or any other agreement they have accepted/signed on. We will promptly notify the Users of any such claim and will provide the Users (at the Users’ expense) with reasonable assistance in defending the claim. Users shall allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by Users. In that event, the Users shall have no further obligation to defend us in that matter. Users shall indemnify Prepfully against all losses and expenses arising out of any proceeding brought by the Users or a third party arising out of a user’s breach of its obligations, representations, warranties, or covenants under this agreement, or wilful misconduct or, gross negligence.

13. Automatic Translation

THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. WE DISCLAIM ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.
  • The Site has been translated for Users’ convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the website, and are provided "as is". No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.
  • The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.

14. General Terms

  • Changes to these Terms. Prepfully may make changes to its Terms of Service from time to time. When these changes are made, Prepfully will make a new copy of the terms of service available on this page.
  • Governing Law and Jurisdiction. Users agree that Prepfully is operated in the Netherlands and will be deemed to be solely based in Amsterdam and a passive service for purposes of jurisdictional analysis. Users agree that any claims or grievances of any nature shall be brought exclusively in the courts of Amsterdam, Netherlands without regard to any conflict of law provisions.
  • Use Outside of the Netherlands. Prepfully expressly disclaims any representation or warranty that Prepfully complies with all applicable laws and regulations outside of the Netherlands. If Users use Prepfully outside of the Netherlands, the Users expressly understand and agree that they are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with their use of Prepfully.
  • Survival. The following provisions will survive expiration or termination of this Terms of Service: Section 2(d)(Termination), 2(f)(Feedback), Section 11 (Disclaimers and Limitation of Liability), Section 12 (Indemnification), Section 14 (General Terms) and Section 17 (Miscellaneous).
  • If Users have a question or complaint regarding Prepfully, please contact prepfully at support@prepfully.com.
  • Electronic Communications. Users consent to receive communications from us by email in accordance with this Agreement and applicable law. Users acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to the Users electronically will satisfy any legal requirement that such communications be in writing.
  • Entire Agreement/Severability. This Agreement supersedes all prior terms, agreements, discussions and writings regarding Prepfully and constitutes the entire agreement between the Users and us regarding Prepfully (except as to services that require separate written agreement with us, in addition to this Agreement). If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the Agreement, which will remain in full force and effect.
  • Interpretation. In construing or interpreting the terms of this Terms of Service: (i) the headings in this Terms of Service are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Terms of Service.
  • Notices. All notices permitted or required under this Terms of Service, unless specified otherwise in this Terms of Service, must be sent in writing as follows in order to be valid: (i) if to a User, by us via email to the address associated with User’s account, and (ii) if to us, by a User via support@prepfully.com. Notices will be deemed given (a) if to a User, when emailed, and (b) if to us, upon receipt by us.
  • Relationship. This Terms of Service does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.
  • Waiver. No waiver of any terms will be deemed a further or continuing waiver of such term or any other term. Our failure to assert a right or provision under this Terms of Service will not constitute a waiver of such right or provision.
Contact Information. If Users have any questions about these Terms or Prepfully, please contact us by sending an email to support@prepfully.com

Copyright © Prepfully 2021.