TEST MY METRICS TERMS OF SERVICE
These terms of service govern your use of http://www.testmymetrics.com (the “Website”); by using the Website, you agree to these terms of service in full. If you disagree with these terms of service or any part of these terms of service, please do not register, subscribe or use the Website.
We make no claims or representations in relation to the psychological, health or commercial benefits of using any digital content made available on the Website (our “Products”) and the information provided on the Website is no substitute for professional advice where applicable.
You must be over the age of 18 years to use the Website and purchase our Products.
The official text is the English version of the Website. Any discrepancies or differences created in the translation to other languages are not binding and have no legal effect for any purpose. If any questions arise related to the accuracy of the information contained in the non-English versions of the Website, please refer to the English version of the Website which is the official version.
Please note that these Terms and Conditions of Use and Purchase may be amended from time to time. Notification of any changes will be made by posting new terms onto the Website. In continuing to use the Website you confirm that you accept the then current terms and conditions in full at the time you use the Website.
You agree that all personal information that you supply to us will be accurate, complete and kept up to date at all times. We may use the information provided to us to contact you.
You may not have more than one registration with the Website. We reserve the right at our discretion to delete or cancel the registration of any person who in our opinion possesses more than one profile at any time. We reserve the right to cancel any registration at any time and for any reason.
(3) IQ Test
You will be able to use the Website to take an IQ Test (the “ IQ Test”). The results of the IQ Test (the “IQ Score”) are available on the website. After completing an IQ Test you will have an opportunity to purchase the results of your IQ Test as well as your IQ Score Report, your IQ Certificate and your Personalized IQ Analysis report. All purchases are offered in accordance with Clause 4.
Our Products are provided for information and entertainment purposes only and for no other purpose. Our Products should not be regarded as or relied upon as being a comprehensive opinion or assessment concerning your IQ Score or psychological condition and well-being. Any decisions that you make once you have read the content of our Products are for you alone and we will not be liable for the consequences of any such decisions. Our Products are for personal use only and are not intended for use in any business, employment or recruitment context.
(4) Purchase of Digital Content
We offer digital content for purchase on the Website. At the time you place any order for which payment is required you must give authority for payment. We may take payment from you at any time between you placing the order and us dispatching the goods or you requesting the download of digital content. Your order is an offer to purchase from us. There will be no contract of any kind between you and us unless and until we actually take payment from you. At any point up until then, we may decline to supply the goods or digital content to you without giving any reason. If we take payment and subsequently fail to dispatch the goods or make the digital content available to you for any reason we will refund you in full. The prices payable for the items that your order are clearly set out on the Website. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price provided that we notify you before we dispatch or make available the item concerned.
Payments are made through the Website electronically. When you pay by credit or debit card you consent to the us carrying out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information with your bank or credit reference agencies if necessary. We may change our fees at any time by posting new fees on our Website. All prices shown are in U.S. dollars ($USD), unless specified otherwise, and include VAT, where applicable.
(5) Refunds and Cancellation Policy
If you are not happy with any digital content that you have purchased from the Website, we will offer you a refund within 30 days of purchase, subject to the provisions below. By requesting a refund, you certify that you have deleted all copies of digital content downloaded from or otherwise accessed on the Website, or sent to you by other means. Gift codes and custom orders are non-refundable and non-exchangeable. This does not affect your statutory cancellation rights under the Cooling Off Rule of the Federal Trade Commision (The “FTC”) and the California Civil Code.
In order to obtain a refund, you must warrant to us that you have;
(i) not shared any copies of the relevant digital content with any other person and
(ii) deleted or destroyed all copies of these materials that you have in your possession.
We reserve the right to refuse a refund if:
-you placed an order after having requested a refund in the past;
-your payment is linked to chargeback or dispute attempts;
-we have strong reason to believe that you have shared your digital content, their download link(-s), or your access credentials with other people, e.g. if there have been access attempts from many different locations;
-you provide intentionally misleading information, e.g. reporting the payment as fraudulent despite having an active user account.
(6) Licence to Use Website
Unless otherwise stated, we or our licensors, own the intellectual property rights in the Website and material on the Website, including all Products, including but not limited to copyright and associated moral rights, trademarks, get-up, and unregistered rights, goodwill, know-how, software, database rights, and all other intellectual property rights. Subject to the licence below, all these intellectual property rights are exclusively reserved. Where the Products feature the intellectual property of third parties which we do not own this is clearly stated. You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of service.
Without prior consent from us you must not:
-reproduce, translate or reverse engineer material from this Website (including republication on another Website or other reproduction or communication of our Products without consent);
-sell, rent or sub-license material or Products from the Website;
-communicate any material or Products from the Website to the public;
-reproduce, duplicate, copy or otherwise exploit material or Products on our Website for a commercial purpose;
-edit or otherwise modify any material or Products on the Website;
-redistribute material or Products from this Website except for content specifically and expressly made available for redistribution; or
-reproduce any intellectual property rights of third parties on our Website without the consent of those parties.
(7) Acceptable Use
You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Website without our express written consent. You must not infringe the rights in any digital Products that are sold through the Website. You must not use the Website to transmit or send unsolicited commercial communications. You must not use the Website for any purposes related to marketing, excluding Product reviews, without our express written consent. You must not use the Website or Products for any business-related assessments, including, but not limited to, pre-employment tests or employee evaluation. You are solely responsible for any content that you publish on the Website or communicate to other users. You will not post on the Website, or transmit to other users:
-Anything inaccurate, defamatory, abusive, obscene, offensive, profane, sexually oriented, threatening, harassing, or racially offensive;
-Anything that promotes any false or misleading information to users;
-Anything which involves or encourages illegal activities; or
-Anything that solicits passwords or other confidential information.
You agree that you shall not:
-Bully, intimidate, or harass any of the users of the Website.
-Do anything to disable or impair the proper working of the Website.
-Do anything to suggest, express or implied, that statements made by you are endorsed by us.
-Impersonate any other person in any profile whether or not that other person is a user of the Website.
(8) Unsolicited Idea Submissions
We do not accept or consider unsolicited ideas, including but not limited to creative proposals, ideas for new, enhanced or improved products, technologies or services, marketing campaigns, promotions, processes, materials, artwork, plans, strategies, theories or product names. Please do not submit any unsolicited ideas, articles, original creative artwork, suggestions or other works in any form to us.
The sole purpose of this section is to simply avoid potential disputes when our products, website content or business strategies might seem similar to unsolicited ideas submitted to us. If, despite our request that you not send us any ideas or suggestions, you still choose to submit them, then regardless of what your letter, comment, e-mail or any other form of communication says, you agree and understand that the following terms will apply to your submissions:
-your submissions will automatically become our sole property, without any compensation to you, and we will have no obligation of any kind to you or anyone else with respect to your submissions;
-we will be free to use or redistribute the submissions in any way and for any purpose, including but not limited to developing, acquiring or advertising products or services competitive with those mentioned by you;
-there will be no obligation for us to review your submissions or develop your ideas;
-no confidential relationship or obligation of secrecy will be created between you and us by your submission and its consideration by us – everything you submit shall be deemed to be non-confidential and non-proprietary. We shall be free to use any information you submit on an unrestricted basis, whether or not we were working on similar ideas, products or technology prior to receiving your submission.
-We do welcome your feedback – if you want to send it to us, please use the contact information found at http://testmymetrics.com/page/about. However, please do not include any ideas that this policy will not permit us to accept or consider.
(9) Limited Warranties
We do not warrant the completeness or accuracy of the information published on this Website or in any of the Products that we may sell to you nor do we commit to ensuring that the Website remains available or that the material on the website is kept up to date. The Website is provided on an ‘as is’ basis and we reserve the right to suspend the Website and our provision of any services at any time without notice.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this Website and the use of this Website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Where you use the Website or the Products you confirm that you are solely responsible for any actions or decisions made as a result of such use. We make no representations as to the accuracy of any Product including IQ assessments.
Nothing in this Website or our Products should be construed as medical, psychological, recruitment, business, or any other advice. All materials are for informational purposes only.
Where the Website contains links to third party websites we make no representation in relation to the content contained on third party websites and you agree to use these websites at your own risk. We will not form part of any agreement or contract with any third party website you visit through our website.
(10) Limitations and Exclusions of Liability
Nothing in these terms of service will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in these terms of service: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these terms of service or in relation to the subject matter of these terms of service, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control, including but not limited to industrial action, labour shortage, failure of our suppliers, natural disaster, transport disruption or failure, legislative or governmental intervention, or any other cause beyond our reasonable control (“Force Majeure”).
Our Products are not intended for business use and you use our Products in any business, employment or recruitment context at your own risk. In particular, to the extent that you use our Products for business use we will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. We will not be liable for any commercial or human resources decisions made in connection with the use of our Products nor will we be liable for any consequential liability in relation to employment disputes including but not limited to wrongful and unfair dismissal. We provide information and materials relating to IQ. This information cannot provide (and is not intended to provide) comprehensive coverage of the relevant issues. Our content should always be used in conjunction with other information, advice and training.
You should ensure that any decisions made or implemented by you after viewing our content or materials are made taking into account other factors (apart from the information we provide) of which you and your advisers should be aware including medical advice and you should ensure that you have consulted relevant professionals.
We will not be liable to you in respect of any emotional or mental distress in connection with using our Products except to the extent that such damage is caused by our negligence.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage. Any decisions made or actions taken by you on the basis of information provided on or via the Website are at your sole discretion and risk. You should obtain professional advice where necessary.
In the event that you have a dispute with any other user arising from their use of the Website, you agree to pursue such claim or action independently of us, and you release us from all claims, liability and damages arising from any such dispute.
(11) Our Details
The full name of our company is TEST MY METRICS. We are a DBA of Balboa Research Group, a California Corporation. We are registered in Orange County, California, United States. Our registered address is 4590 MacArthur Blvd, #500 Newport Beach, CA 92660, United States.