Terms of service

Updated 20/07/2022

In a nutshell:

At Potentially we provide an engaging life-long learning platform for those that want to develop personally and professionally so that they can achieve their potential.  For example, universities and colleges build full career ready employability and skills development programmes on Potentially helping tens of thousands of students and graduates become work-ready, and develop life-long learning skills. Our folio is capturing thousands of learning moments and helping users of the platform to showcase and share their achievements with colleagues, peers and future employers. 

Our Class of 2020 is an online academy that uses potential.ly to deliver valuable training resources, webinars and business challenges for all those affected by the current economic recession, bridging the gap to companies and employment opportunities. 

There are bundles of features that allow users to not just access and engage with content but to also build content for other people and peers.

That’s why these terms are important to read!

We’ll try and keep this as painless and jargon-free as possible but please read these terms carefully. You’ll be tempted to skip over them but there is important information below you should review as these terms are what you agree to as a user of the Potentially platform.


These Terms Are a Binding Agreement

By using Potentially Services including but not limited to my.potential.ly, you agree to become bound and governed by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you should not use Potentially or its Services including interacting with all content, services and products  – unless you agree, we can’t even permit you to even see them. Sorry, those are the rules!


We May Modify the Terms and Agreement

We have the right to change this Agreement at any time by posting a revised Agreement. Changes may become effective as soon as they are posted. If we in our sole discretion determine that the changes are material, we will notify you via the Potentially site or email to the email address we have on file. Your use of Potentially Services after the posting of a revised Agreement constitutes your acceptance of the terms and conditions of the revised Agreement.


Privacy

When you use Potentially Services, you consent to the collection and use of information as detailed in our Privacy Policy. If you are outside the European Union, you consent to the transfer, storage, and processing of your information, including but not limited to User Content and any other personal information, to and within countries of the European Union and/or other countries.


What do we mean by this jargon

“Site”, Potential.ly or any subdomain of Potentially including my.potential.ly 

"Terms", the consent you give and controls you agree to comply to for access to and use of Potentially services, including our various websites, APIs, email notifications, applications, buttons, and widgets

“Agreement”, well, these Terms of Service. That is, what you’re reading right now

"Services" or “Potential.ly”, any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services owned by Potentially. Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

  1. “Content”, any creative expression including video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through Potentially Services; and
  2. “User Content”, all Content that is posted or otherwise provided or transferred to our Services by a user, especially including you.

“User” or “you”, we mean you, whether you are a person or acting on behalf of an entity you are authorised to bind;


This Terms of Use Agreement ( "Agreement" ), including the Potentially privacy policy that can be found on this Privacy Policy Page and is hereby incorporated into this Agreement by reference, sets forth the legally binding terms for your use of the Services. By accessing and using the Services, you agree to comply with and be bound by this Agreement, whether you are visiting the Site ( "Visitor" ) or you are a "Member" (which means that you have registered on the Site) . The term "User" refers to both Visitors and Members. If you sign up for additional features and services that are governed by additional terms and conditions, we will inform you accordingly when you sign up for these additional features and services. Unless otherwise provided by the additional terms and conditions, they are hereby incorporated into this Agreement by reference.


Privacy Policy

1. YOUR POTENTIALLY ACCOUNT

In order to use the Services (and to become a Member), you must create a Potentially account on the Site. Subject to the terms of this Agreement, upon your creation of an Account on the Site, Potentially grants you the non-transferable right to access the Services offered through the Site during the term of this Agreement

In order to use the Services (and to become a Member), you must create a Potentially account on the Site. Subject to the terms of this Agreement, upon your creation of an Account on the Site, Potentially grants you the non-transferable right to access the Services offered through the Site during the term of this Agreement

1.1 Eligibility
By using the Services, you represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are sixteen (16) years of age or older upon registration; and (d) your use of the Services does not violate any applicable law or regulation, or any other obligation (including contractual obligation) you might have towards third parties. In order to become a Member, you will be asked to provide personal information as described in the Privacy Policy including responses to the Potentially self-assessments. From this Potentially will provide custom reports to you that describe your personality type, your team role, preferred work environment, working styles and communication style. Any Account you have created by registering on the Site may be deleted without warning if we believe that any representation and warranty you make hereunder is breached or inaccurate.

1.2 Password
When you sign up to become a Member, you will also be asked to choose a password for your Account. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account or password of another Member at any time. You agree to notify us immediately if you suspect any unauthorised use of your Account or access to your password. You are solely responsible for any and all use of your Account.

1.3 Term and Termination
This Agreement shall remain in full force and effect (a) while you are using the Services, if you are a Visitor, and (b) for the duration of your membership, if you are a Member. You may delete your Account and end your membership at any time, for any or no reason by emailing team@potential.ly. Please note that even if you delete your Account but continue to use the Services as a Visitor, your use of the Services is still subject to this Agreement. Unless Potentially has terminated your Account, you can start a new membership by providing your name, details and a password. We may terminate your membership for any or no reason at any time by ceasing to provide the Services to you. You understand that termination of this Agreement and the Account you have created with us may involve deletion of your Account information from our live databases. We will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.

2. Your rights

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services publicly, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

Tip: This license is you authorizing us to make your publicly shared Moments available to the rest of the world and to let others do the same.

3. THIRD PARTIES AND OTHER USERS

You agree that this license includes the right for Potentially to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Potentially for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

3.1 Your Grant
We do not claim ownership in any Content that you upload, provide, make available, or otherwise transfer ( "post" ) on the Services, but to be able to legally provide our Users with the Services, we have to have certain rights to use such Content in connection with the Services, as set forth below. Potentially will aggregate participant data within a group. An individual's data will be only visible to the individual except where published publicly by the user, aggregated data will be visible to all members of the team.

3.2 Third Party Content
Content from other Users is made available to you through the Services. Because we do not control such Content, (a) you agree that we are not responsible for any such Content, including team-related information provided by other Members through their about information, and (b) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.

Tip: Potentially has an evolving set of rules for how ecosystem partners can interact with your Content. These rules exist to enable an open ecosystem with your rights in mind. But what’s yours is yours – you own your Content (and your photos are part of that Content).

Such additional uses by Potentially, or other companies, organizations or individuals who partner with Potentially, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Potentially will not be responsible or liable for any use of your Content by Potentially in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.



3.3 Responsibility
Your interactions with other Users on the Services are solely between you and the other User. You agree that we are not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User's use or disclosure of information about you that you have provided to publicly available sections of the Services. If there is a dispute between you and any third party (including any User), we are under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Users.


4. ACCEPTABLE USE AND CONDUCT

You are solely responsible for any and all Content that is posted through your Account on the Services and for your interactions with other Users.

4.1 Prohibited Content
You agree that you will not post any Prohibited Content or use any Prohibited Content in connection with the Services. "Prohibited Content" is Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is pornographic or sexually explicit in nature; (ii) bullies, harasses or advocates stalking, bullying, or harassment of another person; (iii) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing, or "spamming,"; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, copies, performs or distributes an illegal or unauthorised copy of another person's work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies; (vi) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18); (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) except as expressly approved by us, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (x) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or (xi) otherwise violates the terms of this Agreement or creates liability for us.

4.2 Representations
Regarding Your Content. You represent and warrant that: (a) you own the Content posted by you on the Service or otherwise have the right to grant the license set forth in this Agreement, (b) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person, (c) by providing your Content, you do not violate any confidentiality obligations you might have towards a third party, including your current or former employer, (d) any information you provide in values, personality and communication assessments is correct, and (e) any information you provide about your current or past status as an employee of a certain employer is correct and complete. PLEASE MAKE SURE THAT YOU ONLY PROVIDE INFORMATION TO THE SERVICES THAT YOU ARE ALLOWED TO PROVIDE WITHOUT VIOLATING ANY OBLIGATIONS YOU MIGHT HAVE TOWARDS A THIRD PARTY, INCLUDING ANY CONFIDENTIALITY OBLIGATIONS. PLEASE DO NOT PROVIDE ANY INFORMATION THAT YOU ARE NOT ALLOWED TO SHARE WITH OTHERS, INCLUDING BY CONTRACT OR LAW; PLEASE NOTE THAT ANY INFORMATION YOU PROVIDE WILL BE ACCESSIBLE BY EVERY USER OF THE SERVICES.

4.3 Enforcement by Potentially
Any use of the Services in violation of this Agreement may result in, among other consequences, termination or suspension of your rights to use the Services. We may disclose information about your use of the Services in accordance with our privacy policy. We have the right (but not the obligation) to review any Content and delete (or modify) any Content that in our sole discretion violates this Agreement or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any User or any other person, or create liability for us or any User. We reserve the right (but have no obligation) to investigate and take appropriate legal action in our sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing Content from the Services (or modifying it), terminating your membership and Account, reporting you to law enforcement authorities, and taking legal action against you. You are solely responsible for creating backup copies of and replacing any Content you post on the Services at your sole cost and expense.

4.4 Lawful Use
You will use the Services in a manner consistent with any and all applicable laws and regulations and solely for lawful purposes. The Services are for the personal use of Users only. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from your Content without notice and may result in suspension or termination of your Account.

4.5 No Disruption
You will not: (i) cover or obscure any banner advertisements on the Services, or any Potentially page via HTML/CSS, scripting, or any other means, (ii) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; (iii) introduce software or automated agents to the Services, or access the Service so as to produce multiple accounts, generate automated messages, or to strip or mine data from the Services; or (iv) interfere with, disrupt, or modify any data or functionality of the Services.

4.6 Miscellaneous
You will not attempt to impersonate another User or person, including any of our team-members, employees, affiliates. You will use the Services in a manner consistent with any and all applicable laws and regulations.


5. THIRD-PARTY WEBSITES

The Services may contain links to third-party websites ( "Third-Party Websites" ) (a) placed by us as a service to those interested in this information; or (b) posted by other Members. You use all such links to Third-Party Websites at your own risk. We do not monitor or have any control over, and make no claim or representation regarding Third-Party Websites. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website. When you leave the Site our terms and policies no longer govern.

6. DISCLAIMERS

We are not responsible for any incorrect or inaccurate Content (including any information in profiles) posted on the Services, whether caused by Users or by any of the equipment or programming associated with or utilised in the Services. We are not responsible for the conduct, whether online or offline, of any User of the Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any communication with other Users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Site or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Services or from any Content posted on the Site or transmitted to Users, or any interactions between Users of the Services, whether online or offline. The free services are provided "as-is" and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (a) the services will meet your requirements; (b) the free services will be available on an uninterrupted, timely, secure, or error-free basis; or (c) the results that may be obtained from the use of the services will be accurate or reliable.** some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. ** We measure the reliability of our services on an ongoing basis and also publish the results.

7. LIMITATION ON LIABILITY

In no event shall we be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from your use of the services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to your use of the services (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of twentyfive uk pounds (£25) and the amounts you paid to us in the twelve (12) months prior to the accrual of the claim. Some jurisdictions do not allow the limitation or exclusion of liability for incidental of consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.

Annex clause for institutional agreements

Annexes are provided for institutional or enterprise contracts which supersede this clause. Please refer to the annex provided.

8. RELEASES

To the maximum extent permitted by applicable law, you hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from the use of information about you or your interactions with other Users.

9. MISCELLANEOUS

9.1 Amendments
This Agreement may be modified by us from time to time. If we make material changes to the Agreement, we will notify you by sending an e-mail to your e-mail address, as specified in your Account. You agree that such amended Agreement will be effective thirty (30) days after being sent to you, and your continued use of the Services after that time shall constitute your acceptance of the amended Agreement.

9.2 Force Majeure
Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labour dispute, shortage of materials, fire, earthquake, flood, war, terrorism, governmental act, failures of common carriers (including Internet service providers), acts of God, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.

9.3 Survival
The provisions under Sections 2, 3, 4, 6, 7, 8, 9, and 10 will survive expiration or termination of this Agreement for any reason.

9.4 Indemnity
You agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Services and arising from your breach of any provision of this Agreement.

9.5 Governing Law and Arbitration
This Agreement shall be governed by English law without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the jurisdiction of the United Kingdom. Any claim or dispute in connection with this Agreement shall be resolved in a cost effective manner through binding non-appearance-based arbitration. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

9.6 Other

This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect; as used in the Agreement, the word "including" means "including but not limited to". Please contact us with any questions regarding this Agreement by e-mailing us at: team@potential.ly

9.7 Copyright/Trademark Information

Copyright/Trademark Information. Copyright 2021, Potentially. All rights reserved. The trademarks, logos and service marks ( "Marks" ) displayed on the Services are our property. You are not permitted to use these Marks without our prior written consent.



Cookies and Personal Information Collected ViaTechnology

As you use the Services, certain information may also be collected passively, including your Internet protocol (IP) address and the browser that you use to visit the Site.

Potentially like most other websites and other similar technologies will store small text files called a "Cookie" on your computer to store information that helps us provide a better user experience and improve our service for you.

We use these cookies to store your login information (if any) and your personal preferences for the Services. These cookies are used when you view the website of clients using potential.ly from a web browser or a mobile browser. They help with certain actions, for example, to save you time by returning you to a specific page and recall your previous experience. These cookies are safe and secure, and do not contain sensitive information.

Potentially may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them). While you will still be able to use theServices if you disable Cookies in your browser, certain parts of the Services may not function as effectively.

Since the foregoing information may be collected when you are signed into the Services, this information may be associated by us with Personal Information that we have collected from you.

 

Cookies we use

The cookies we use are for the following purposes:

  1. To authenticate you and maintain status - we use cookies in order to identify you as a user when you visit our website and throughout your navigation on Potential.ly; to help us to determine if you are logged into our website or not.
  2. For security –similar to authentication, we use cookies as part of security measures that protect user accounts and to protect our website and services generally. For example, this helps prevent fraudulent use of your login credentials.
  3. Personalisation of your experience - we use cookies that store information about your preferences in order to personalise our services for you, for example, the learning resources recommended or notifications of progress across activities.
  4. For analysis and testing - we use cookies to help analyse and test the performance of our website and services;
  5. For cookie consent - we use cookies to store your preferences in relation to the use of cookies more generally;
    and for customer support - cookies are required to use our customer support widget (provided by Drift).

Cookies used by our service providers

To effectively deliver our services and a good user experience we utilise a number of other service providers who also use cookies. Those cookies may also be stored on your computer when you visit our website. For example, we use Google Analytics, to analyse the use of our website.

These services providers store information about website use by means of cookies. The information gathered relating to our website is sometimes used to create reports about the use of our website.

Our analytics service providers' privacy policies are available at:
GoogleAnalytics
Cookie used: _ ga, gtag.js and analytics.js

Google Analytics cookie used to distinguish users, remember the number and time of previous visits, remember traffic source information, determine the start and end of a session or throttle the request rate.
These cookies collect information that is used in an aggregated format to help us understand how our services are being used or how effective are marketing campaigns are, or to help us customise experiences for you.

You can find out how to opt-out here, https://tools.google.com/dlpage/gaoptout

Drift
Cookie used: Driftt_aid-*
Cookies set by Drift for its in-app messaging system

 

Managing cookies

Most web browsers allow you to refuse to accept cookies as well as allowing you to delete all or specific cookies. How to do this depends on each browser and version. Find out more up-to-date information about blocking and deleting cookies here for each main browser:

  • Chrome
  • Safari
  • Internet Explorer
  • Edge
  • Firefox
  • Opera

 

It is important to note that if you block all cookies it will have a negative impact upon the usability of not just Potentially also most other websites. Therefore, if you choose to block cookies, you will not be able to use many features or services.

Empowering futures
Start your free trial today.

Prepare your students to take ownership of their career and professional development.

manage cookies