Last Updated 02/16/21
The website app.prepera.io (hereinafter together the “Platform”) is published by Prepera SAS, a French simplified joint stock company having its head office in the 18 Rue Aristide Briand, 17670 La Couarde-sur-Mer and being registered at the Trade Register of the Chamber of Commerce of La Rochelle under the number 904 076 577 (hereinafter the “Company” or “Prepera”).
Its goal is to help individuals improve their performances during their job search and job interviews thanks to professional advice and exercises to improve their skills and presentation abilities. The "Service" refers to the service offered by the Company that can be accessed online on the Platform.
1 - Purpose
These Terms & Conditions (hereinafter “T&C”) define the conditions according to which users can access and use the Platform.
This document is a contract concluded between the user of the Platform (the “User” or “You”) and the Company (hereinafter referred as the “Party” and together the “Parties”).
Access to the Platform is conditional upon the respect of the T&C by the User. Thus, by solely navigating the Platform, the User is deemed to have accepted the Terms of Use.
When the User ticks the box reading “I have read and accepted the Terms of Use and the Privacy Policy of the Platform”, s.he confirms her/his acceptance without restrictions or reserves of the T&C.
We reserve our right to modify at any time the T&C. In this case, we will publish the new version of the Terms of Use on the Platform and we will alert you at least 15 days before their entry into force through a pop-up that will appear when connecting to the Platform.
2 - Definitions
The terms listed hereunder and herein written with a capital letter shall have the following meaning:
Account: refers to personal account enabling access to the Platform by a User for the purpose of using the Services.
Application: refers to the desktop application available on Windows and MacOS which enables Users to train for their upcoming interviews. The Application belongs to Prepera.
Client: refers to any individual or legal entity, wishing to hire new staff and/or promote their Company on the Platform.
Content: Data (including Personal Data), information, texts, images, photographies, audio content, video content, and any other content, document, and component, notwithstanding its format, provided by the Client or any other Administrator or User in the frame of the configuration of its Account and/or of the use of the Services provided to the Client by Prepera. Are thus considered as Contents, without being limited to it, the information relating to training and tests. The Contents are Prepera’s property.
Partner: refers to Prepera Clients which have subscribed to the platform for their Users
Partner User: refers to any Individual using the Services on the Website on a plan sponsored by a Partner
Platform: refers to the Website and the Desktop Application taken together.
Registration: refers to the process through which the Client and the User registers on the Platform. On this occasion, s.he will be required to fill in various information for identification ends (password, name and surname, email and billing details or Education Partner, if applicable).
Self-registered User: refers to any individual using the Services on the Website for the purpose of training for their upcoming interviews or being recruited in partner organizations, that is not a Partner User.
Service: refers to the performance consisting in helping Users prepare for their recruitment process and job interviews performed by Prepera, via the Website, and in helping Clients advertise their job offers to the Users.
SSO: refers to the connexion to the Platform through a third party, following the User’s agreement.
T&C: refers to the Platform’s Terms & Conditions.
Training: refers to all the content including but not limited to coaching paths, questionnaires, exercises, case studies created by Prepera, which Prepera is the owner, and which is made available to the User under a license granted for the term of the Agreement.
User: refers to both Partner Users and Self-registered Users
User Account: Personal Account(s) enabling User(s) to access the Platform.
Website: refers to Prepera’s internet Websites available at prepera.io and app.prepera.io. Prepera is the owner of these Websites.
3 - Services
Through the Platform, the Company provides Users with the following services:
- Training programs, material and content for Users to prepare upcoming job interviews
- Process Users’ choices to provide them with job opportunities
- Provide companies with relevant profiles for their job openings
4 - Registration and services' description
4.1 Registration
When using the Platform, the User acknowledges that the access to the service is restricted to Users with a login (email address) and a password. The User is solely responsible for protecting their credentials and keeping them confidential. The User can register to the Platform either following an invitation from a Partner (Partner User) or directly by himself or herself (Self-registered User).
(i) Partner User
Invited Users register to the Platform according to the Partner’s choice of registration mode. The length of the access is determined between Prepera and the Partner.
(ii) Self-registered User
The Platform will also become accessible for any physical person who would like to register. After they created an Account, Self-registered Users can access the Platform and benefit from the Assessment Services developed by Prepera for the purpose of helping Employers to meet Candidates. The Company can share a User’s information with a Client to understand if the Client might be interested in the Candidate’s Profile.
4.2 Subscription choice
Prepera proposes several Service offers, the price of the performance (hereafter “Subscription”) is proposed upon creation of an Account.
4.3 Contract’s Term
The Agreement is entered into force as of the Inscription Confirmation and, if applicable, subject to the reception of the full payment of the first monthly payment due for the performance of the Services.
The Agreement is concluded for a variable period of one month or three months according to the User’s choice.
The Subscriptions are automatically renewed for the same period unless one of the Party gives a notice of termination before the end of a monthly Subscription.
The notice of termination can be done by contacting contact@prepera.io.
4.4 Account deletion and suspending
In the event of suspected fraudulent use of a User’s Account, Prepera reserves the right, without compensation or notice, to suspend or terminate the User’s Account.
In the event of a breach of the obligations of these T&C, Prepera reserves the right, without compensation and without notice, to suspend access to all or part of the Account until the cause of the suspension has ceased, or even to terminate the Account depending on the severity of the breach. The User acknowledges that Prepera shall not be liable to the User or any third party for any consequences of the termination or suspension of the Account.
In any event, the User acknowledges that the suspension or closure of one or more Accounts for fraud or breach of duty does not relieve User of its obligations under this Agreement, including the obligation to pay for its Subscription.
5 - Invoice and payment conditions
The price for having an account on the Platform is indicated on Prepera’s Website or on the purchase order sent by Prepera to the Client. The Subscription is invoiced, at the Client’s choice, on a monthly basis or at the end of each new subscription period and is due in full on the day the invoice is received. Payment can be made by credit card or by direct debit.
Without prejudice to any damages, failure by the Client to pay a fee on its due date shall automatically entail the immediate suspension of the Services and access to the Platform without refund.
6 - User's obligations
When using the Platform, the User commits:
- To comply with the provisions described in the T&C and to the applicable law, and to respect third-parties’ rights;
- To only submit truthful, honest and loyal information and files;
- Not to publish advertisement nor resume aimed at promoting products or services;
- Not to disclose through the Platform personal information (texts, photos, and videos) of third-party without their consent;
- Not to import nor diffuse through the Platform illegal content, notably any content that is infringing rights, defamatory, insulting, obscene, offensive, discriminatory, hateful, violent, xenophobic or urging racial hatred, or any other content that contravenes with morality and decency rules;
- Not to import from nor publish on the Platform content that would go against the purpose of our services;
- Not to communicate or send, through the Platform, any content that would point to Platforms that are illegal, offending or that go against the purpose of the Platform;
- Not to use the Platform to send massively non-requested messages (such as advertisements).
Furthermore, the Candidates expressly guarantees the truthfulness and the reality of the information contained in its application (profile, education, career, etc.).
In case of breach of one or more of these obligations, the Company reserves its right to ban the User of the Platform.
7 - Intellectual property
The content of the Platform, particularly its structure, design, interfaces, data basis, texts, digital content, brands, images, videos, music, any graphic elements, as well as the referencing of its HTML code (meta-tags) excluding the content belonging to third users, are the sole property of the Company. This content is protected by the French Code of intellectual property and by any national or international applicable text.
Users are only authorized to use the Platform pages for a personal and temporary browsing according to the purpose of the Platform, as defined in the Terms of Use.
Similarly, you shall refrain from:
- Temporarily or permanently extract, scrap, transfer or use part or totality of our Platform and any other data basis on our Platform, for commercial or any other end;
- Extract or use repetitively and systematically totality or part of the information available on our Platform, when such an operation clearly exceeds a normal and private use of the Platform;
- Exploit, market or distribute any constitutive element of the Platform, particularly information available on the Platform and any other data basis, including database that can benefit from the protection of sui generis regulation ;
- Use of software or manual processes to copy our web pages and to record and collect information on these pages without the express, prior and written consent of the Company;
- Use of device or software in order to disturb or attempt to disturb the normal functioning of the Platform; or implement actions that would impose a disproportionate charge upon our infrastructures.
The User integrates and publishes contents through the Platform (for instance answers to online training and tests, application file, including a resume, a cover letter, texts, images, etc., hereafter the “User Content”). The User declares to be duly informed and allows the Company, which accepts, a non-exclusive and free license to use the User Content. This license covers the right to use the said content and to concede sub-license for the purposes of the performance of the contract. This User license will remain in force during the entire duration of this agreement and five years after the end of this agreement.
8 - Platform accessibility
All available means to offer to the Platform Users a high-quality service are implemented. However, we do not guarantee that the Platform will not be interrupted. From a general perspective, we do not guarantee the comprehensiveness nor the accuracy of the content and of the information proposed through the Platform. We do not guarantee that the Platform will be conforming to the needs of the Users.
The Users shall ensure that they actually have access to the technical and appropriate means for using our services. We reserve our right to suspend the access to the Platform from time to time in order to realize maintenance operations and updates of the Platform. We will endeavor to realize these maintenance operations non-working hours and to limit their length.
9 - Liabilities
The Company shall not be held liable for the use you will have of the Platform and Service. Our liability shall not be question for simple mistakes or omissions that could subsist despite all the precautions taken. We shall not be held liable of any damage resulting from the use of the Platform. The use of the Platform is your sole liability.
By no means shall the Company be held liable of any consequences that could intervene in the course or after, meetings or initial contact between the User and the Employer, following the use of the Platform and Service. The sole purpose of the Company is to provide training programs, material and content for Users to prepare upcoming job interviews, to process Users’ choices to provide them with job opportunities and to provide companies with relevant profiles for their job openings. Thus, the Company shall not be assimilated to an employer, a professional organism.
We do not exercise any control upon:
- The Users Contents imported or published through the Platform (their legality, nature, accuracy, relevance nor topicality). The opinions eventually issued through the published content only bind their authors.
- The capacity or quality of the Employers or the Candidates.
- We shall not be held liable of the Users Content imported. The User is solely liable for the said Contents, the Company solely being a technical host of the said Contents.
- The Company has no general duty to monitor data and Users Contents, nor obligations to suppress a content that would not be clearly illegal, even if reported.
The Platform can integrate hyperlinks redirecting to third-party Platforms, including trade partners’ Platforms.
We shall not be held liable for any direct or indirect damages that could result from the use of the contents, data or information of any nature, accessible from the said hyperlinks. You must control that the information available on these Platforms are accurate, complete and that they respect the applicable law. These Terms of Use apply to third-parties Platforms.
You acknowledge and agree that the web-based network and more generally all telematics networks use to transfer data can entail risks due to the absence of protection of certain data against hijacking and viruses. Thus we shall not be held liable of any loss, data alteration, loss of profit, revenues, opportunity, time or any indirect damage, no matter if the damage or loss is due to negligence or any other cause, related to the performance or the non-performance of the Terms of Use.
10 - Duration
The contract is entered for an indefinite period of time from the User acceptance of the T&C.
The Company may suspend the access to the Platform and Service if the User contravene to the Terms & Conditions. In this hypothesis, the Company will notify this suspension to the User by email and will require the violation of the Terms to cease.
After a period of ten (10) days from a notification left without effects, the Company may block access to the Platform to the guilty User, without any formality and without prejudice to the rights to damages to which the Company could ask for.
11 - Miscellaneous
If one or more provisions of these Terms of Use were to be considered as illegal or unenforceable by a court decision, the other provisions of the Terms of Use would remain, if the general economy of the contract is maintained.
If a Party does not require the strict application of one of the Terms of Use provision, in any occasion, it will not be considered as a general waiver to one of the rights mentioned above and it will not deprive this Party of the right to demand the strict respect of this or any provision of the Terms of Use at any time.
Upon termination, the following articles will remain: Intellectual property, Liabilities, Miscellaneous, Applicable laws.
12 - Applicable law
These Terms of Use are governed by French law. In case of a conflict, the Parties decide, first, to attempt to resolve through an amicable settlement.
In case of a failure of the amicable settlement, all the conflicts likely to occur between the Parties concerning, inter alia, the signature, the interpretation, the validity, the performance and the termination of these Terms of Use, shall be subject to the exclusive jurisdiction to the French courts, even in case of a plurality of defendant, in any proceedings whatsoever.
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