Terms of Use & Safeguarding Policy

1. Introduction

1.1 Contract

This Terms of Use & Safeguarding Policy applies to all and any use of Prospela.com (the “Site”), mobile applications, APIs, artificial intelligence (“AI”) powered services (whether operated by Prospela or its subsidiaries and affiliates), as well as the articles, videos, and any other platform & service offering (“services”) of Prospela Group Ltd (“Prospela”, “us”, “we”, or “our”).

When you sign up, set up a profile or use any of Prospela’s services in any shape or form, you agree to abide by our Terms of Use & Safeguarding Policy as well as our Privacy Policy (which details how we collect, store, use and share your personal information).

You understand that Prospela’s website, services, product & platform are in Beta, still undergoing testing and do not represent a final product offering. As such, it may contain bugs, defects, errors and other problems and is provided “as is”. Any use thereof shall be at your own risk.

1.2 Changes

This policy is a “living” document and subject to refinement and expansion in the future (Most recent amendment: 29th Sept 2023). Please check back regularly. If any material changes are made there will be an announcement to all users, and by continuing to post and message on our platform and services after such an announcement you confirm acceptance.

2. User Terms

These user terms detail the commitment you make to us and other Prospela users, and govern your use of Prospela.

2.1 Eligibility

In order to use our platform and services, you agree that you are:

the “Minimum Required Age” (see below).
only to have one Prospela account.
not representing anyone other than yourself and you will do so in a truthful manner.
(if using our platform and services on behalf of a legal entity) authorized to use, and enter into an agreement with, Prospela on behalf of that legal entity.
(if acting as an E-Mentor) volunteering your own time for your own volunteering efforts, perhaps via your employer, and not on behalf of Prospela.
not a registered sex offender (in any state, federal or local sex offender registry anywhere worldwide) or pending any kind of case / court trial in relation to an accused sex offence.

“Minimum Required Age” means 13 years old. However, if law requires that you must be older in order for Prospela to lawfully provide it’s services to you and platform for your use without parental consent (including using of your personal data) then the “Minimum Required Age” is such older age. If we become aware of a user under the”Minimum Required Age”, we will make reasonable efforts to promptly delete that user’s information.

2.2 Community Etiquette

Here we explain the commitment we require from all users to maintain a safe and inclusive environment for everyone.

Prospela is a place and facilitation tool for students/Mentees and employees/volunteer E-Mentors to interact and help one another progress in their careers. To help us maintain a safe, inclusive and welcoming environment, and by using our platform and services, all users agree to abide by the following terms at all times.

Prospela moderators may take any steps they deem appropriate to ensure this, and reserve the right to suspend and/or delete any accounts that infringe these terms.

Create discussion. We encourage members to create meaningful and respectful discussion around their work-life and education experiences and projects.
Use only our platform for discussion. To maintain a safe and secure environment, we require E-Mentors conversing with users, and users who are, under the age of 18 (or if law requires a person to be older than 18 years of age to be considered an adult then this requirement is set at this older age), (i) to keep all communication within our monitored platform, (ii) to refrain from connecting/following on other mediums/social media (including Linkedin) or meeting in person and (iii) avoid sharing personal information such as email, telephone and home address details.
Use the appropriate channel for specific discussions. We have a number of topic channels, each of which has its own purpose to maintain usability and for ease of searching for specific topics of interest. If the subject you wish to discuss does not fit in one of these channels, please contact a member of the Prospela team through our contact form and we can support.
Introduce yourself. Upon arrival, only connect and invite people who you know. When asking questions and contributing to the community perhaps give a short description of who you are and what advice you’re looking for / can offer.
Be respectful. We welcome debates, but please respect other users and do not engage in arguments. This community should be a safe place for everybody, regardless of: gender, sexual orientation, disability, physical appearance, race, age or religion. As someone who is part of the Prospela community, you agree that:

We are collectively and individually committed to safety & inclusivity
We have zero tolerance for abuse, harassment, and discrimination.
We respect people’s boundaries and identities.
We refrain from using language that can be considered oppressive (systemically or otherwise), e.g. sexist, racist, homophobic, transphobic, classist, etc. – this includes (but is not limited to) various slurs.
We avoid using offensive topics as a form of humour.

Do not post or share content that is: threatening, abusive, defamatory, indecent, menacing, harassing, offensive, infringes any person’s intellectual property rights, including copyright, confidential, sensitive (including, but limited to, personal information), impersonates anyone, misrepresents a relationship with any person or organisation, encourages others to commit unlawful acts, contains viruses, or is unlawful in any way. Prospela’s Community has users of all ages and backgrounds, and we’d like all members to feel comfortable.
Do not post unprecedented amounts of spam or advertisements or use this for commercial interest. The community is for personal use only and monetisation of any kind (incl lending or borrowing) is not permitted. Please do not use this community as a platform for spam, self-promotion, advertisements or any other means for which it is intended for.
Take on board the advice of others, yet also do your own research. All advice given should be for the best intentions, however, it may not always be fully complete, accurate, relevant to your circumstances or up-to-date.
Use common sense. Not every situation may be covered by these rules. If you’re not sure if something is okay, please ask a Prospela staff member.

Prospela members that don’t adhere to these terms will be given warnings, and we reserve the right to suspend and/or delete the accounts of offenders. We reserve the right to delete posts that infringe on the above terms. We want to create the best possible atmosphere for all of our users, and keeping our platform comfortable for all users is paramount.

If you experience abuse, harassment, discrimination, or feel unsafe, let a moderator know. Here is a list of current moderators and their username, which you can access within the chat platform:

Emma Sullivan – @emma-prospela
Dexter Boyce – @dexter-prospela

If you have any further questions, comments, or concerns about the Community Etiquette, please reach out to the Prospela team through our contact form.

2.3 Safety & Your Interactions with Other Users

Here we explain that Prospela is a tool facilitating connections between users, and is not responsible for the conduct, activity and/or interactions of it’s users and that each user is solely responsible for their interactions with other users both on and off of any of Prospela’s services & platforms. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Prospela platform or meet in person. If you are made aware or think a student/Mentee may be in danger you must report your suspicions to a child protection social worker.

Though Prospela strives to encourage respectful Community Etiquette and helps users connect & communicate with one another, it is not responsible for the conduct of any user on or off of any of Prospela’s services & platforms. You agree to use caution in all interactions with other users, particularly if you decide to communicate off of our safeguarded services, chats and platforms or meet in person (to which we also highly discourage for those under 18 years old, or if law requires a person to be older than 18 years of age to be considered an adult then we at this older age, as per our Community Etiquette guidelines) which is no longer part of Prospela’s services. In addition, you agree to review and follow Prospela’s Community Etiquette guidelines (section 2.2 above) prior to using any of Prospela’s services or platforms.

If you are applying to use Prospela to facilitate your volunteering efforts, and are arrested for or convicted of an offence that would constitute grounds for denying participation in a program, activity or service, or is named as a perpetrator in a founded or indicated report, you must provide the administrator or the Prospela team or their designee with written notice not later than 72 hours after the arrest, conviction or notification that you have been listed as a perpetrator. A volunteer who willfully fails to disclose information as required above commits a misdemeanor (a misdemeanor of the third degree if based in the USA) and shall be subject to discipline up to and including termination or denial or a volunteer position.

Whilst Prospela utilises best practice to help ensure we provide a safe online environment and access to volunteer E-Mentors of the highest standard (incl. completion of our detailed training, background checks where required, and close platform monitoring & supervision), Prospela cannot take responsibility for advice given, nor any abuse, assault, harassment, mistreatment or maltreatment that results directly or indirectly from using our website, services and platform. Each user of Prospela services are solely responsible for his/her conduct.

Any person who has reasonable grounds to believe a Mentee/Student is in some sort of danger must report their suspicions to a relevant child protection social worker or equivalent. The Prospela team are on-hand if you have any questions or need advise on such a scenario.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT PROSPELA DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON EVERY USER. PROSPELA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. IF YOU CHOOSE TO MEET IN PERSON OR MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH PROSPELA’S WEBSITE, PLATFORM OR SERVICES, YOU DO SO AT YOUR OWN RISK.

3. Rights & Limits

3.1 Changes

Prospela reserves the right to modify, alter, suspend / cancel, or discontinue any or all of it’s websites, content, your content, products, platform or services at any time without prior notice.

3.2 Content Creation & License to Prospela

Here we explain how you own all of your content and personal information, but that you grant us a license to use it.

By uploading content, you represent and warrant that you either own it or are authorized to grant Prospela the rights described in these Terms. You are responsible and liable if any of your content violates or infringes the intellectual property or privacy rights of any third party.

For purposes of clarity, individual users own the content and information that they make available within Prospela’s platform and services. When content is made available through our platform and services by users (such as, but not limited to, through profile data, chatting, commenting on other messages) they grant Prospela and our affiliates the following license: A worldwide, royalty-free, fully paid-up, perpetual, irrevocable, transferable and fully sublicensable right, without additional consideration to the user or any third party, to use, sublicense, copy, reproduce, modify, publicly perform, display, post, upload, transmit, process, distribute and publish (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit this information, data and content, including to use the content to train, test or otherwise enhance our machine learning algorithms for the purposes of operating, providing, and improving our services, in any format or media now known or hereafter developed, and for any purpose, without any further consent, notice and/or compensation to the user or others. For example, your content will be used:

as necessary to provide the services to you in accordance with this agreement;
to perform necessary maintenance, calibration, diagnostic and troubleshooting of the services, and to monitor the performance of the services;
to improve Prospela and its affiliates products and services, including to train and maintain Prospela and its affiliates artificial intelligence models;
to perform such other actions as authorized or instructed by you in writing (email to suffice); and
as required by law.

3.3 Other Content & Rights

Here we state that you are responsible for your own content, which must all be legal and truthful, and that you use third party content at your own risk. Prospela is not a storage service and any feedback/suggestions you provide to Prospela for product development are not eligible for compensation.

Prospela generally do not review content provided by our users and other third parties and you agree that we are not responsible for users or third party content and information. We cannot always prevent this misuse of our services and you agree that we are not responsible for any such misuse.

Further to the above, as someone who is a user and part of the Prospela community, you agree that:

Each user is solely responsible for the content they provide and compliance (or non-compliance) with applicable laws and regulations (including intellectual property rights).
Prospela’s platform and services are simply a tool or means of facilitation for volunteering efforts from E-Mentors to students/Mentees. There is no employment relationship between Prospela and E-Mentors or Prospela and students/Mentees.
Volunteer E-Mentors are not volunteering on behalf of Prospela, but for their own individual volunteering efforts, or perhaps via their company/charity/institution.
Each users profile information will be truthful and you will not create a false identity or a profile for anyone other than yourself (i.e. not a fictional character) on Prospela.
You will not disclose any information you do not have consent to do so, such as personal/confidential information from users you do or don’t know and/or your employer.
You will not, directly or indirectly, solicit, recruit or hire other Program participants.
You are responsible for deciding if you wish to access or use third party apps, sites or content that link from our platform and services. Third party apps and sites have their own terms and privacy policies and to the extent not limited by law, Prospela is not responsible for these other sites and apps and you use these at your own risk. Please see our Privacy Policy for more information on how we may share your information with third parties.
If you provide feedback and other suggestions with regards to Prospela’s services, you agree that Prospela can use and share this if they wish to do so, for any purpose and without compensation to you or others, and that Prospela is not placed under any Fiduciary or other obligation.
Prospela is not a storage service and have no obligation to store, maintain or provide you with a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

3.4 Limitations

Here we explain how Prospela reserve the right to limit how you use and the extent to which you are able to access our platform and services. We also explain Prospela’s and your commitment when using of our platform and services which are simply a means/tool to facilitate career networking opportunities.

As someone who is part of the Prospela community, you agree that:

Prospela reserves the right to limit each users use of our services, including access to our platform and services, the number of your connections and your ability to contact other users.
Prospela is a platform that is simply a tool to connects users, it is not required to supply users and does not employ them.
You will not invite people you do not know to join your network.
You will not perform any type of malicious practice in order to interfere with the operation of our platform and services (e.g. spam, viruses)
You may only access the services through the interfaces that Prospela provides for that purpose and will not attempt to collect user or other information (for example, you may not “scrape” or “data mine” the services through automated means or similar technologies or “frame” any part of the services)
You may not interfere or attempt to disrupt the services.
You will not use the services or any information contained therein or obtained therefrom, including any output or other information derived from the services, to directly or indirectly create, train, test, or improve any machine learning, large language, or artificial intelligence models, or similar or competing product, service, or technology (including for research purposes, open source, or other non-commercial use).
You will not attempt to reverse engineer, decipher or otherwise attempt to derive Prospela source code that is not open source in any shape or form.
You will not frame or mirror any portion of Prospela’s website, services or platform or otherwise incorporate any portion of Prospela’s website, services or platform into any product or service, without Prospela’s express prior written consent.
Any and all costs incurred by you in respect of use of our services shall be your responsibility only.

3.5 Reliance on Content

Here we explain that all advice and content provided to you through our platform and services are provided with good intentions of E-Mentors and others in the community, however, you should always do your own research too, ask more than one person and you are responsible for any actions you take.

The Prospela team make every reasonable effort to maintain and update the information we provide to our users and encourage E-Mentors do the same. However, we make no representations, warranties or guarantees, whether express or implied, that advice and content are fully complete, accurate, relevant to your circumstances or up-to-date.

3.6 User Interactions

Here we explain that Prospela is not responsible or liable for any kind of activity or representation by our users, that all users participate in our Services at their own risk and each user is responsible for their own activity and representations.

Prospela makes no representations or warranties as to the availability, accuracy, conduct, compliance/non-compliance with applicable laws & regulations, safety, or skill (including ability to provide guidance) of users (or statements/profiles thereof).

To the extent permitted by law, you waive the right to bring or assert any claim against Prospela relating to any interactions with other users, and you release Prospela from any and all claims or liability related to your interactions or dealings with other users.

4. Intellectual Property Rights

Here we explain our copyright and intellectual property rights.

Prospela reserves all of its intellectual property rights and using our platform and services does not give you any ownership of them or the content or information made available through them. Trademarks and logos of Prospela and others used in connection with our platform and services are the trademarks and logos of their respective owners and no user may reproduce, modify, adapt, display, distribute, sell or otherwise exploit our content without our express and written permission.

In addition, all custom graphics, icons and scripts are service marks, trademarks and/or trade dress of Prospela, and may not be copied, modified, distributed, used, or otherwise exploited without our express and written permission. Furthermore, no user may reproduce, modify, prepare derivative works based on, display, publish, distribute, sell, license or otherwise exploit the content from any of Prospela’s platform and services.

5. Safeguarding Policy

5.1 Our Safeguarding Policy

This policy applies to all Prospela staff and volunteers, prospective and current E-Mentors using the Prospela service or anyone working on behalf of Prospela Group Ltd (“Prospela”).

The Purpose of this Policy is:

First and foremost, to protect children and young people who sign up to receive Prospela’s services.
To provide volunteer E-Mentors and Prospela staff with the overarching principles that guide our approach to safeguarding and child protection.

5.2 Our Stance

Prospela believes that all children and young people (“Mentees” and “students”) should not experience abuse of any kind and all require the same protection regardless of age, disability, gender, reassignment, race, religion, or sexual orientation. It’s immensely important to us to ensure that Mentee/student safety, protection & privacy is central to our community.

5.3 How we Seek to Ensure the Fidelity & Integrity of the Prospela Community

All Prospela staff (of which are based in the UK) are recruited safely and with rigour, and where staff are engaged in Regulated Activity (as defined by UK law) they are Enhanced DBS checked (incl. a check on the UK Children’s Barred List)
For all E-Mentors connecting with mentees under the age of 18 (or if law requires a person to be older than 18 years of age to be considered an adult then mentees under this older age) we perform and consider other background checks & information to maintain a safeguarded environment (see 5.4 below), as well as ongoing platform monitoring.
We focus on delivering high-standards of live platform monitoring, which we believe can often be more extensive and effective than in-person supervision can be.
All staff, volunteer E-Mentors and Mentees/students are provided training by Prospela on appropriate behaviour and interaction
All E-Mentors & Mentees/students agree to our Terms of Use & Safeguarding Policy incl. agreeing not to communicate outside of the Prospela platform
Our platform is closely monitored for inappropriate language & images (by both automated bots & humans)
We recommend and ask Mentees/students under the age of 18 (or if law requires a person to be older than 18 years of age to be considered an adult then under such older age) to seek and confirm parental consent before taking part (Mentees/students must be aged 13 or older to use our services)
We are on-hand to support both Mentees/students and E-Mentors throughout their use of our services
We maintain effective complaints and whistleblowing measures (see Designated Safeguarding Officer contacts below)

We are committed to reviewing our policy and good practice on a regular basis.

If any concerns or issues arise in relation to child & youth safeguarding they are to be reported to the Designated Safeguarding Officer detailed below immediately who will advise accordingly and likely coordinate with the Safeguarding Lead within any relevant school, charity or employer.

Designated Safeguarding Officer (DSO):

Dexter Boyce – talktous@prospela.com

5.4 Monitoring & DBS and Other Background Checks

Here we explain our use of DBS Background checks on our UK employees, background checks on E-Mentors that use Prospela as a faciliation tool for their volunteering as well as our platform monitoring to ensure a safe and secure environment for all of our users.

Prospela employees (whom are all located in the UK) are trained in Child Safeguarding best practice and where engaged in monitoring of our platform their role is regarded as Regulated Activity by UK law. As such, we process Enhanced DBS checks on such employees (incl Children’s Barred List checks).

Given the extent of our platform monitoring / supervision, use of the Prospela platform between Mentee/student and E-Mentor is not regarded as “Regulated” activity in the UK (i.e. where Enhanced DBS with Barred List checks would be required). As such, we are not legally allowed to process such checks on E-Mentors who use the Prospela service in the UK.

Where E-Mentors are applying to connect with mentees under the age of 18 (or if law requires a person to be older than 18 years of age to be considered an adult then mentees under this older age) we obtain consent to perform other background checks & consider other information we deem necessary and appropriate to maintain a safeguarded environment (which may include, but is not limited to, the review of sex offender registries, employment history, social media etc). We then determine their use of our facilities for their volunteering E-Mentoring efforts based on our assessment of whether or not they are suitable to be in a position of trust for such a student.

Given that DBS and other background checks only provide a retrospective view, Prospela place great emphasis on robust ongoing monitoring of our platform and when you sign up and use any of our services you authorise us to do so. All engagement on our platform (including private messaging) is heavily and continuously monitored (with both bots & humans), we require both E-Mentors and Mentees/students to complete our mandatory training incl. safeguarding best practices, and all users accept this Terms of Use & Safeguarding Policy.

For parents who permit their children under the age of 18 (or if law requires a person to be older than 18 years of age to be considered an adult then children under such older age) to use us, we advise they communicate with their children on staying safe online and the risks involved (we also detail this in our training), as monitoring is not foolproof.

For more details on how your data is used and our data collection procedures, please visit our Privacy Policy here.

5.5 Policy on the Recruitment of Ex-Offenders (relevant to Prospela employees, whom are located in the UK)

Here we explain how Prospela complies with the provisions of the Recruitment of Offenders Act and are required to treat DBS applicants who have a criminal record fairly and do not discriminate because of a conviction or other information revealed. Below we set out our policy.

This policy on the recruitment of ex-offenders, is made available to all Disclosure applicants at the outset of the recruitment process.

As an organisation assessing applicants’ suitability for positions which are included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order using criminal record checks processed through the Disclosure and Barring Service (DBS), Prospela complies fully with the code of practice and undertakes to treat all applicants for positions fairly.
Prospela is committed to the fair treatment of its staff, potential staff or users of its services, regardless of race, gender, religion, sexual orientation, responsibilities for dependants, age, physical/mental disability or offending background.
We actively promote equality of opportunity for all with the right mix of talent, skills and potential and welcome applications from a wide range of candidates, including those with criminal records.
Prospela select all candidates for interview based on their skills, qualifications and experience.
We ensure that all those who are involved in the recruitment process have been suitably trained to identify and assess the relevance and circumstances of offences. We also ensure that they have received appropriate guidance and training in the relevant legislation relating to the employment of ex-offenders, e.g. the Rehabilitation of Offenders Act 1974.
At interview, or in a separate discussion, Prospela ensures that an open and measured discussion takes place on the subject of any offences or other matter that might be relevant to the position. Failure to reveal information that is directly relevant to the position sought could lead to withdrawal of an offer of employment.
Prospela makes every subject of a criminal record check submitted to DBS aware of the existence of the code of practice and makes a copy available on request.
Prospela undertakes to discuss any matter revealed on a DBS certificate with the individual seeking the position before withdrawing a conditional offer of employment.

6. Disclaimer of Warranties & Limit of Liability

Here is where we set out our disclaimer and the limits of any liability for the quality, safety and reliability of our platform and services. We cannot be held responsible for your misuse or any detriment to you as a result of the use of our platform and services, nor can we guarantee it’s operations and intentions are free from error.

We do not guarantee access to our platform/services and reserve the right to terminate your access at any time.

Here we also explain that whilst we hope that your use of Prospela will help you find the connections you need for your volunteering efforts and career & personal devlopment, we do not guarantee that you will find a suitable mentoring or employability opportunity within any given time frame. We also make no representation or warranty as to the final terms and duration of any of these aforementioned opportunites.

6.1 Warranty

To the extent permissible by law, Prospela and its affiliates (a) do not warrant that our platform and services will be without error or uninterrupted or that the platform and services are free from any harmful components, including, but not limited to, viruses; (b) disclaim all implied warranties and representations (e.g. non-infringement, fitness for a particular purpose, accuracy of data); (c) and provide all content, platform and services on an “as is” and “as available” basis.

Some jurisdictions and laws do not allow or limit the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such law is applicable to you and our policies.

6.2 Limitation of Liability Waiver

To the extent permissible by law, Prospela and its affiliates will not be liable to you or others for any kind of loss or damages, including, but not limited to, any direct, indirect, economic, incidental, special, exemplary, consequential or punitive damages, as well as any loss of data, opportunities (monetary or otherwise), or reputation, related to our platform and services.

Prospela does not guarantee that each user will find a suitable mentoring or employability opportunity within any given time frame through the use of our platform and services. We also make no representation or warranty as to the final terms and duration of any mentoring or employment opportunites obtained through our platform and services.

Furthermore, Prospela do not guarantee that you will receive an invitiation to our platform & services after completing our application and sign up forms and reserve the right to revoke access at any time.

Your failure to comply with this Terms of Use & Safeguarding Policy, as well as the Privacy Policy accessible from the footer of our website, will be your responsibility and you agree to compensate Prospela Group Ltd in full for any losses, claims or legal proceedings that are brought or threatened against Prospela Group Ltd by any person or institution that results from your failure to comply.

In no event shall the liability of Prospela and its affiliates, in aggregate for all damages, losses or claims, exceed £100.

Some jurisdictions and laws do not allow or limit the exclusion of liability so the above disclaimer will only apply to the fullest extent permissable by such law that is applicable to you and our policies.

7. Indemnification

You agree to defend, indemnify and hold harmless Prospela and its officers, directors, employees, agents, shareholders, subsidiaries, affiliates, and retail partners (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from: (i) your unauthorized use of the services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule, or the Prospela community etiquette and guidelines; (ii) any third party’s access to or use of the services, or any goods made available through the services, through your Prospela user account, including but not limited to your spouse, dependents, third-party beneficiaries and Recipients; (iii) any dispute or issue between you and any third party, including without limitation any Third Party Provider; or (iv) your subsequent use of any content created by the Prospela community or AI-powered features and services.

8. Dispute Resolution

Here we detail which jurisdictions will govern disputes and procedures that shall take place in the unlikely event of a dispute.

You irrevocably agree that the jurisdiction and laws of England and Wales shall exclusively govern any dispute regarding the use of our platform and services and that all claims can only be litigated in these jurisdictions. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of our Intellectual Property Rights or breach of these Website Terms is taking place or originating.

If a court with authority over this Terms of Use & Safeguarding Policy contract with our users finds any part of it not enforceable, you and Prospela agree that the court should modify it to make that part enforceable while still achieving its intent. If the court is unable to modify the part not enforceable whilst still achieving its intent, you and Prospela agree to ask the court to remove that unenforceable part and still enforce the rest of this Terms of Use & Safeguarding Policy.

9. Overarching Terms

Prospela’s Terms of Use & Safeguarding Policy is your agreement with us and governs your use of our platform and services. You cannot assign this agreement to anyone else, however, Prospela may do so without your written consent.

You will not assign or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior and express written consent from Prospela. However, you agree that Prospela may assign this agreement with you to its affiliates or a third party that acquires it without your consent and that there are no third party beneficiaries to this agreement.

10. Governing Law

This Agreement is governed by, and is to be construed in accordance with, the laws of England & Wales.

11. Contact

If you have any further questions, comments, or concerns about the Terms of Use & Safeguarding Policy, please reach out to the Prospela team through our contact form.