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TERMS OF USE OF SERVICES

Date of entry into force: July 12, 2023

GENERAL PROVISIONS

 

1.1. Miteyda Ramp UP (Miteyda Ramp UP or we) is a company of Miteyda GmbH, which offers online information and consulting services that help you prepare for future employment (or signing a contract) in the field of Information Technology as an Information Technology specialist.

 

1.2. The legal relationship between Miteyda Ramp UP and you is primarily governed by these Terms of Use (hereinafter referred to as the "Terms"), as well as our Privacy Policy and other relevant agreements.

 

1.3 These Terms and Conditions are concluded with MITAIDA GmbH, a limited liability company registered at 68 Julicher Strasse, Aachen, 52070, Germany, registration no: 201/5979/4706.

 

1.4. These Terms constitute the entire agreement between you and Miteyda Ramp UP. Please note that by using this website (hereinafter referred to as the "Site"), you accept these Terms. You may keep a copy of these Terms for future reference. It is important that you understand the content of these Terms. Please contact us at support@ramp-up.org if you have any questions about the Terms.

 

1.5. We have the right and may make changes to these Terms from time to time. Such changes shall become effective upon their publication on the Site without any prior notice. We may (but are not obligated to) notify you from time to time by email or otherwise of upcoming changes to these Terms. To be aware of the latest changes, we recommend that you regularly review these Terms on our Site.

 

1.6. If any part of these Terms is found to be invalid under any applicable provision of law or decision of an appropriate authority, such part shall be severed so that the remainder of the Terms shall remain unaffected and shall be applied in governing the relationship between you and Miteyda Ramp UP to the maximum extent possible.

 

THESE TERMS AND CONDITIONS INCLUDE A CLASS ACTION WAIVER AGREEMENT APPLICABLE TO ALL CLAIMS FILED OR TO BE FILED AGAINST Miteyda Ramp UP. PLEASE READ THESE RULES CAREFULLY, WHICH ARE SET FORTH IN ARTICLE 10 OF THESE TERMS AND CONDITIONS, AS THEY DIRECTLY AFFECT YOUR LEGAL RIGHTS. THESE CLASS ACTION WAIVER PROVISIONS DO NOT APPLY IF YOU RESIDE IN A COUNTRY WHERE THE LEGAL SYSTEM DOES NOT PERMIT CLASS ACTION WAIVERS. IN ANY EVENT, THE CLASS ACTION WAIVER PROVISIONS SHALL ALWAYS BE ENFORCED TO THE EXTENT PERMITTED BY YOUR LEGAL SYSTEM. ANY DOUBT AS TO THE APPLICABILITY OF THESE AGREEMENTS SHALL BE CONSTRUED IN FAVOR OF THEIR VALIDITY AND ENFORCEABILITY.

 

2. SERVICES.

 

2.1. Miteyda Ramp UP offers various types of products and services, including mock HR and Technical interviews, registration and mailing on IT job search websites and platforms, educational, video, text, graphic, interactive content, and other services (collectively, the "Services").

 

2.2. The procedure for providing the Services is governed by these Terms. The provision of some Services may be governed by other agreements, additional agreements and/or terms of service that you may enter into or accept separately from these Terms.

 

2.3. The Services are provided on a paid basis. Services may be provided separately or in packages that you can purchase separately.

 

2.4. Certain Services may be provided free of charge (as part of promotional activities or otherwise at the option of Miteyda Ramp UP). Miteyda Ramp UP may change the prices or availability of certain Services without any prior notice. For example, some individual services or packages of services may be updated to include new materials or removed altogether. For the avoidance of doubt, the free Services are in any case provided without the possibility of a refund.

 

2.5. Access to the Services is provided personally to a specific person and may not be transferred to another person unless previously agreed with Miteyda Ramp UP. You may not transfer your credentials (i.e. login and password) to other persons. We may monitor the use of your credentials and suspend or terminate your account if we believe that they are being used in violation of these Terms.

 

2.6 Miteyda Ramp UP may terminate any Services. If such termination may apply to you, we will notify you in advance.

 

2.7. Miteyda Ramp UP is not obligated to provide any academic grades, credits or any other similar evidence of successful completion of certain Services.

 

2.8. Miteyda Ramp UP strives to provide uninterrupted access to the Services. If you are unable to access the Site or use the Services for a period of time exceeding 24 hours due to our error, you may be able to obtain an extension of access to the Site or Services for a reasonable period of time. In this case, please contact us and explain your problem in detail.

 

3.REGISTRATION AND ACCOUNT

 

3.1. In order to use the Services, you need an account in the Miteyda Ramp UP information system. Miteyda Ramp UP will create such an account, but you will need to go through and complete the registration by confirming your email and setting a new password for your account.

 

3.2. In order to register an account in the Miteyda Ramp UP information system, you must be 18 years of age or older. If the age of majority in your jurisdiction of residence is different than 18 years, you must reach the appropriate age of majority (but at least 18 years) to complete the registration. If you are under 18 years of age and/or have not reached the relevant age of majority in your jurisdiction of residence, then in order to register an account in the Miteyda Ramp UP information system, you must obtain consent for such registration and use of our Services from your parents/guardians/guardians or persons in loco parentis.

 

3.3 If you are legally restricted (for reasons other than not reaching the age of majority):

(a) your rights to enter into contracts; and/or

(b) your ability to exercise other civil rights,

You will not be able to get an account in the Miteyda Ramp UP information system and your pre-registration will be terminated and your account will be deleted.

3.4. You do not need to have any special education or training to use the Services.

3.5. Miteyda Ramp UP reserves the right to immediately suspend or terminate your account without giving any reason in case of violation of these Terms.


4. PAYMENT AND REFUNDS 

 

4.1 Miteyda Ramp UP accepts bank transfers and credit card payments as primary payment methods. Depending on your location and other factors, you may:

(a) use additional payment methods;

(b) pay for the Services in installments or by installments.


4.2 Payment for the Services may be charged in UAH, EUR, USD or in your local currency. Miteyda Ramp UP does not charge any additional fees or charges for making payment for the Services, but depending on the payment method you choose, banking or other financial institutions (payment system providers, payment institutions, etc.) may charge a fee for such payment. The amount and procedure for establishing these fees are determined independently by banking and other financial institutions and do not depend on Miteyda Ramp UP.

 

4.3. We engage third parties to process payments for the Services. In this regard, you agree and authorize us to transfer all necessary information about you to a third party, which is a payment system provider, for the proper processing and execution of payments. At the same time, we may change payment system providers and payment institutions. Accordingly, some payment methods may be added or become unavailable from time to time. Please note that Miteyda Ramp UP is not a payment institution and we do not process your payments on our behalf.

 

4.4. We may restrict or terminate your access to the Services at any time if you fail to make the appropriate contribution or payment for the Services.

4.5. No refunds for paid Services shall be made unless otherwise provided by the legislation applicable to these legal relations depending on the jurisdiction of your location or expressly provided for in these Terms.
 

5. USER RESPONSIBILITIES. PROHIBITED BEHAVIOR

 

5.1. While using the Services, you are obliged to:

 

(a) maintain the confidentiality of your account credentials and not disclose them to any third parties;

(b) inform us of any breaches of account security;

(c) comply with restrictions related to intellectual property rights;

(d) pay invoices in a timely manner;

(e) not to use the Services for prohibited purposes and/or in violation of these Terms.

5.2. In addition, by registering for the Services related to test interviews and/or preparation for future interviews and/or analysis of your resume and/or other Services that may be provided, you undertake to:

(a) Dedicate the necessary time to preparation;

(b) to provide, upon request and within the prescribed timeframe, the necessary and complete information for the analysis and receipt of an updated summary;

(c) for mock HR and Technical interviews, appear for such interviews, which are conducted online at a time and using resources agreed upon in advance;

(d) provide other information necessary for the proper provision of the Services upon the relevant requests of the Contractor.

(e) meet deadlines;

5.3. Miteyda Ramp UP condemns any manifestation of offensive, indecent or illegal behavior. Any such behavior towards Miteyda Ramp UP employees, agents or other users of our Services is prohibited. If we become aware of any such behavior, the offending account may be immediately suspended and deleted without any compensation.

6. INTELLECTUAL PROPERTY RIGHTS AND LEGITIMATE USE

 

6.1. Miteyda Ramp UP is the sole legal and beneficial owner and/or holds a valid license (if applicable) to any intellectual property rights in the content published on the Site, regardless of whether such content is protected by copyright or any other laws, and unless expressly stated otherwise (Intellectual Property Rights). The term "content published on the Site" includes all materials, programs, trade secrets, trademarks, patents, designs and any other intellectual property rights of Miteyda Ramp UP in accordance with the current legislation of Ukraine, EU laws and international treaties. No part of Miteyda Ramp UP products or services may be reproduced and/or disclosed in any way without the prior written consent of Miteyda Ramp UP.

 

6.2. Miteyda Ramp UP grants you a non-exclusive, non-transferable license to use its Services (including related content) for non-commercial purposes. The scope of this license is limited to educational purposes. In particular, this means that you may not copy, reproduce, decompile or reverse engineer the content published on the Site unless it is necessary for your training and/or further employment. In addition, you may not share this content with third parties.

 

6.3. Failure to comply with the provisions of this section of the Terms may result in immediate termination of your account. In addition, Miteyda Ramp UP may claim compensation for damages (including indirect damages and lost profits) that have arisen as a result of your violation of the provisions of these Terms related to intellectual property rights.

 

7. LIMITATION OF LIABILITY AND INDEMNIFICATION

 

7.1. We strive to provide you with the most up-to-date and relevant Services. However, Miteyda Ramp UP makes no representations or warranties (express or implied) as to the accuracy, completeness and/or appropriateness of the information provided by Miteyda Ramp UP (unless otherwise stated). Miteyda Ramp UP is not responsible for your reliance on such information, including any decision-making based on such information. We do not guarantee that you will be able to apply specific information to specific tasks.

 

7.2. The Services are provided on an "as is" basis and Miteyda Ramp UP expressly disclaims any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, etc.

 

7.3. The Contractor does not guarantee the employment (or signing of a contract) by the Customer in the field of Information Technology. The main purpose of the Service is to provide indicative recommendations and preparatory materials for future employment (or signing a contract) in the field of Information Technology.

 

7.4. You are responsible for ensuring that your computer equipment is compatible with the Website.

 

7.5. In any case, the liability of Miteyda Ramp UP shall not and may not exceed the price of the Services paid by you for the relevant Service.

 

7.6. You acknowledge and agree that the limitations of liability set forth in these Terms are reasonable and fair.

 

7.7. You agree to indemnify, defend and hold Miteyda Ramp UP harmless from and against all claims, liabilities, costs and expenses (to the extent permitted by applicable law), including reasonable attorneys' fees and costs, made by any third party due to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or the rights of any third party; or (c) your content, including, without limitation, any claim of infringement or misappropriation of intellectual property or other proprietary or non-proprietary rights.

 

8. CONFIDENTIALITY

 

8.1. All issues related to the use, processing and protection of your personal data are governed by our Privacy Policy, which is part of these Terms.

 

9. APPLICABLE LAW

 

9.1 These Terms and any other non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with German law. The legal relations arising from separate agreements or additional agreements that you may enter into with Miteyda Ramp UP for the provision of a particular type of Services may be governed by the law of another state at the option of Miteyda Ramp UP.

 

10. WAIVER OF CLASS ACTION LAWSUITS

 

10.1. Neither you nor Miteyda Ramp UP consents to any proceedings in any case as a class action. A party may bring a claim or counterclaim only as a separate independent party and not as a co-plaintiff in a class action in any case.

 

11. OTHER PROVISIONS

 

11.1 These Terms and all other provisions referenced in these Terms constitute the entire agreement between you and Miteyda Ramp UP regarding the use of the Services.

 

11.2. You agree that no joint venture, partnership, employment, or agency relationship will be created between you and Miteyda Ramp UP as a result of these Terms or in connection with the Services.

 

11.3. Miteyda Ramp UP shall not be liable for the inability to fulfill its obligations due to unforeseen circumstances or causes beyond our reasonable control, including, but not limited to: natural disasters, namely fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargo, acts of civil or military authority or terrorism; strikes or shortages of vehicles, other facilities, fuel, labor or materials; failure of telecommunications or information services infrastructure; hacking, spamming or any computer, server or software failure, as long as such event continues to affect our operations and makes it impossible to properly fulfill our obligations.

 

11.4. Certain links on the Site will allow you to leave the Site. Please note that the Site may also contain links to other linked sites that are not under the control of Miteyda Ramp UP and Miteyda Ramp UP is not responsible for the content of any linked sites or any content available on such sites. Miteyda Ramp UP is also not responsible for the privacy practices of any such linked sites.

 

12. CONTACT INFORMATION

 

12.1. If you have any questions, please contact us: support@ramp-up.org

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