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”), as well as the articles, videos, and any other service offering of Prospela Group Ltd (”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: 15th March 2019). 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 our Services.

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 us and enter into an agreement with Prospela on behalf of that legal entity.

“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 for students and employees 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.

  1. Create discussion. We encourage members to create meaningful and respectful discussion around their work-life and education experiences and projects.
  2. Use only our platform for discussion. To maintain a safe and secure environment, we require E-Mentors conversing with and users who are under the age of 18, (i) to keep all communication within our highly 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. 
  3. 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.
  4. 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.
  5. 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.
  1. 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.
  2. 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.
  3. 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.
  4. 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 will suspend and/or delete the accounts of chronic 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 not responsible for the activity and 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.

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 as per our Community Etiquette guidelines). 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.

Whilst Prospela utilises best practice to help ensure we provide a safe online environment and E-mentors of the highest standard (incl. completion of our detailed training, DBS background checks where required by law, 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 E-Mentor, Student / Mentee and user of Prospela services are solely responsible for his/her conduct.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT PROSPELA DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. PROSPELA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. IF YOU CHOOSE TO 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 Content Creation & License to Prospela

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

For purposes of clarity, individual users own the content and information that they make available within Prospela’s platform and services and we will honor the user’s choices about what remains private, and what is made publicly available. 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 non-exclusive 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, reproduce, process, distribute and publish (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit this information and content, 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. These rights are limited in the following ways:

  1. Users can end this non-exclusive license for specific content by deleting it from the platform and services where reasonably possible, or generally by closing your account, except to the extent you shared it with others and they copied, re-shared it or stored it prior to deletion and their right to continue to do so to the same extent.

3.2 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).
  • 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.

3.3 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.

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 the number of your connections and your ability to contact other users.
  • Prospela is a platform that simply 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 will not attempt to collect user or other marketplace information through the use of automated scripts (“scraping”) or similar technologies and methodologies or otherwise.
  • 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.

3.4 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 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.

3.5 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 staff and volunteers (incl our volunteer E-Mentors) or anyone working on behalf of Prospela Group Ltd (“Prospela”).

The Purpose of this Policy:

  • To protect children and young people who receive Prospela’s services
  • To provide staff and volunteer E-Mentors 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 (“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 student safety, protection & privacy is central to our community.

This policy has been drawn upon the basis of law and guidance that seeks to protect children, namely;

  • Children Act 1989
  • United Convention of the Rights of the Child 1991
  • Data Protection Act 1998
  • Human Rights Act 1998
  • Sexual Offences Act 2003
  • Children Act 2004
  • Safeguarding Vulnerable Groups Act 20016

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

  • All Prospela staff are recruited safely and with rigour, and where staff are engaged in Regulated Activity (as defined by law) they are Enhanced DBS checked (incl. a check on the Children’s Barred List)
  • We focus on delivering high-standards of live platform monitoring, which is often more extensive and effective than in-person supervision can be. 
  • All staff, volunteer E-Mentors and students are trained by Prospela on appropriate behaviour and interaction
  • All E-Mentors & 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 students seek parental consent before taking part and provide forms for this (students under the age of 13 must have parental consent to use our services)
  • We are on-hand to support both students and E-Mentors throughout their use of our services
  • We maintain effective complaints and whistleblowing measures (see DSO 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 the relevant school, charity or employer.

Designated Safeguarding Officer (DSO):

Dexter Boyce – talktous@prospela.com 

5.4 Monitoring & DBS Background Checks

Here we explain our use of both DBS checks and monitoring to ensure a safe and secure environment for all of our users.

Prospela employees are trained in Child Safeguarding best practice and where engaged in monitoring of our platform their role is regarded as Regulated Activity by 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 Student and E-Mentor is not regarded as “Regulated” activity (i.e. where Enhanced DBS with Barred List checks would be required). As such, we are not legally allowed to process such checks on our users.

Given that DBS 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 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 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

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.

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.

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 £1,000.

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

7. 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.

8. Overarching Terms

Prospelas 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.

9. 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.