Last updated: 16 May 2022

Please read these Terms carefully before using Preptical. Your access to and use of lessons and courses on Preptical Academy is conditional on your acceptance of and compliance with these Terms. By creating an account on Preptical, accessing or using the Preptical platform, you agree to be bound by these Terms.

If you publish a course on Preptical Academy, you must also agree to the Tutor Terms. We also provide details regarding our processing of the personal data of our Users and Tutors in our Privacy Policy.

Account

You need an account for most activities on our platform, including subscribing and accessing content or submitting content for publication. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account.

You may not share your account login credentials with anyone else. You are responsible for what happens with your account, and Preptical will not intervene in disputes between Users or Tutors who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our Support Team. We may request some information from you to confirm that you are indeed the owner of your account.

Users and Tutors must be at least 18 years of age to create an account on Preptical and use the platform. If we discover that you have created an account that violates these rules, we will terminate your account. Under our Tutor Terms, you may be requested to verify your identity before you are authorized to submit content for publication on Preptical.

You can terminate your account at any time by contacting the support team.

Content on Preptical Academy

Under our Tutor Terms, when Tutors publish content on Preptical, they grant Preptical a license to offer users a license to the content. This means that we have the right to sublicense the content to enrolled Users. As a User, when you subscribe to Preptical Academy, you are getting a license from Preptical to view the content via the Preptical platform, and Preptical is the licensor of record. Content is licensed and not sold to you. This license does not give you any right to resell the content in any manner (including by sharing account information with a purchaser or illegally downloading the content and sharing it on torrent sites).

Preptical grants you (as User) a limited, non-exclusive, non-transferable license to access and view the content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the platform, in accordance with these Terms and any conditions or restrictions associated with the particular content or feature of our platform. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless we give you explicit permission to do so in a written agreement signed by a Preptical authorized representative.

Payments, refunds and coupons

During your subscription to a Subscription Plan, you (as a User) get a limited, non-exclusive, non-transferable license from us to access and view the content included in that Subscription Plan via the platform.

The subscription that you purchase or renew determines the scope, features, and price of your access to a Subscription Plan. You may not transfer, assign, or share your subscription with anyone else.

We reserve the right to revoke any license to use the content in our Subscription Plans for legal or policy reasons at any time and at our sole discretion.

You agree to pay Preptical’s subscription fees, and you authorize us to charge your debit or credit card or process other means of payment for those fees. Preptical works with payment service providers to offer you the most convenient payment methods in your country and to keep your payment information secure. We may update your payment methods using the information provided by our payment service providers.

You agree not to use an invalid or unauthorized payment method when you make a purchase. If your payment method fails and you still get access to the content you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any content for which we have not received adequate payment.

The subscription fee will be listed at the time of your purchase. We may also be required to add taxes to your subscription fee. Your subscription will automatically renew according to your subscription settings (e.g., monthly or annually) unless you cancel your subscription prior to the end of the current period.

You may cancel your subscription by navigating to the “My subscriptions” tab on the menu, selecting your active subscription and clicking on the Cancel button. If you cancel your subscription to a Subscription Plan, your access to that Subscription Plan will automatically end on the last day of your billing period. On cancellation, you will not be entitled to receive a refund or credit of any fees already paid for your subscription unless otherwise required by applicable law. For clarity, cancellation of a subscription does not terminate your Preptical account. Payments in Preptical Academy are non-refundable, and there are no refunds or credits for partially used periods unless otherwise required by applicable law. Depending on where you are located, you may qualify for a refund. Contact us for additional information.

To subscribe to a Subscription Plan, you must provide a payment method. By subscribing to a Subscription Plan and providing your billing information during checkout, you grant our payment service providers and us the right to process payment for the then-applicable fees via the payment method we have on record for you. At the end of each subscription term, we will automatically renew your subscription for the same length of term and process your payment method for the payment of the then-applicable fees.

In the event that we update your payment method using the information provided by our payment service providers, you authorize us to continue to charge the then-applicable fees to your updated payment method.

If we are unable to process payment through the payment method, we have on file for you, or if you file a chargeback disputing charges made to your payment method and the chargeback is granted, we may suspend or terminate your subscription.

We reserve the right to change our Subscription Plans or adjust pricing for our platform at our sole discretion. Any price changes or changes to your subscription will take effect following notice to you, except as otherwise required by applicable law.

Preptical or our partners may offer gift and promotional codes to Users. Certain codes may be redeemed for discounts applied to subscriptions. Other codes may be directly redeemable for specific content. These codes and credits and any promotional value linked to them may expire if not used within their validity period.

Behaviour Rules

You may not access or use Preptical or create an account for unlawful purposes. Your use of Preptical and behaviour on our platform must comply with your country’s applicable local or national laws or regulations. You are solely responsible for knowing and complying with such laws and regulations that are applicable to you.

If you are a User, the platform enables you to contact Tutors of the content on Preptical and post content reviews.

If you are a Tutor, you can submit content for publication on the platform. In this case, you must abide by the law and respect the rights of others: you cannot post any content, question, answer, review or other content that violates applicable local or national laws or regulations of your country. You are solely responsible for any courses, content, and actions you post or take via the platform and their consequences. Ensure you understand all the copyright restrictions set forth in the Tutor Terms before submitting any content for publication on Preptical.

If we are put on notice that your course or content violates the law or the rights of others (for example, if it is established that it violates the intellectual property or image rights of others or is about an illegal activity) or if we believe your content or behaviour is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your content from our platform. Preptical complies with copyright laws.

Preptical has discretion in enforcing these Terms. We may restrict or terminate your permission to use our platform or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms, if you fail to pay any fees when due, for fraudulent chargeback requests, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, if we suspect that you engage in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any such termination, we may delete your account and content and prevent you from further access to our platform. Even if your account is terminated or suspended, your content may still be available on the platforms. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platform.

Please let us know if a User has published content that infringes your copyright or trademark rights. Our Tutor Terms require our Tutors to follow the law and respect the intellectual property rights of others.

Preptical’s rights

All right, title and interest in and to the Preptical platform, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our platform (but excluding content provided by Tutors and Users) are and will remain the exclusive property of Preptical and its licensors. Our platforms are protected by copyright and trademark. Nothing gives you a right to use the Preptical name or any of the Preptical trademarks, logos, domain names, and other distinctive brand features.

You may not do any of the following while accessing or using the Preptical platform:

• access, tamper with or use non-public areas of the platform (including content storage), Preptical’s computer systems, or the technical delivery systems of Preptical’s service providers.
• disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
• copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the Preptical platform.
• access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website or mobile apps. You may not scrape, spider, use a robot, or use other automated means of any kind to access the platform.
• in any way use the platform to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Preptical); or interfere with, or disrupt, (or attempt to do so), the access of any User, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms, or in any other manner interfering with or creating an undue burden on the platform.

Privacy and Personal Data

You acknowledge that the personal data you provide when registering at Preptical and subscribing to a Subscription Plan is collected for administering your account. This data will be disclosed to, processed, and stored by Preptical for those purposes. You understand that your personal data may be processed in an anonymous form for statistical and research purposes by Preptical, which we do in our legitimate interests. Your use of Preptical Academy is subject to applicable terms of the Privacy Policy.

We do not store your payment information, including your card details, and your payments are carried out by third-party gateways such as Stripe and PayPal, which are responsible for the safety of your payment information.

Liability and Disclaimer

Preptical Academy requires access to the internet, power supply, and software that are not owned or controlled by Preptical. Preptical has no control over and assumes no responsibility for such access or services. You further acknowledge and agree that Preptical shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such access or services.

Preptical and any other party involved in creating, producing or delivering content are not liable for any direct, incidental, indirect, consequential, special, punitive or similar damages arising out of access to, use of, acceptance by or interpretation of the results by any third party, or any errors or omissions in the content of the Preptical Academy.

We make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the platform or its content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We make no warranty that you will obtain specific results from the use of the platform. Your use of the platform (including any content) is entirely at your own risk.

We may decide to cease making available certain features of the platform at any time and for any reason. Under no circumstances will Preptical or its partners be held liable for any damages due to such interruptions or lack of availability of such features.

We are not responsible for delay or failure of our performance of the platform caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend, and hold harmless Preptical from and against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the platform (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the platform.

Changes

At our sole discretion, we reserve the right to modify or replace these Terms at any time. We also reserve the right to change, limit or discontinue any aspect, content or feature of Preptical Academy as well as the site or platform on which the content is made available.

If a change is a material, we will try to provide reasonable notice prior to any new terms taking effect. What constitutes a material change and what constitutes reasonable notice will be determined at our sole discretion.

Binding Agreement

You agree that by registering, accessing, or using our platform, you are agreeing to enter into a legally binding contract with Preptical. If you do not agree to these Terms, do not register, access, or otherwise use our platform.

If you are a Tutor accepting these Terms and using our platform on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us.

Governing Law

These Terms and your access to and use of Preptical Academy are governed by Austrian law. You submit to the exclusive jurisdiction of the Courts of Austria for determining any dispute concerning this agreement.

Contact Us

If you have any questions about these Terms, online mock tests or our policies, please contact us via [email protected].