Terms and Conditions of Use and Purchase
Last modified: October 1, 2020
Section 1 - Overview
We make no claims or representations in relation to the emotional, health, psychological, or commercial benefits of using our Products and the information provided on the Website is no substitute for professional medical or psychiatric advice where applicable. If you are concerned about health or mental wellbeing or relationship issues you are advised to consult your doctor or a certified therapist or counsellor.
You must be over the age of 16 years (or above the relevant age of consent in your country) 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. Any new features or tools which are added to the current site shall be subject to the Terms and Conditions. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Section 2 - Registration
Section 3 - Relationship Test
You will be able to use the Website to take a free demo relationship test (the “Free Demo Version”) and also a premium full version (to be purchased) relationship test (the “Relationship Test”). The results of the Relationship Test are automatically analysed and you will receive a result which will lay out what is important to you and how you match on certain criteria with your partner (both based on your responses and interpretation to our survey questions) and assign you a match with your partner (expressed in percent and as text). We refer to this as the “Test Result”. We may also record and use your answers and results for research purposes. As mentioned, we offer a premium and full version of the relationship test (the “Relationship Test”), which you can purchase in accordance with clause 4.
Section 4 - Accuracy, Completeness and Timeliness of Information
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 psychological well-being or as a full-fledged overview of your relationship status. You should consult your doctor or a certified therapist, psychologist or psychiatrist to receive an accurate assessment and advice (no online test will be able to reflect the nuances of an individual or their relationship; to be able to address the majority of the population, our surveys and tests are abstract in nature). 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 not to be used for taking a certain decision in your relationship. Our Products are for personal use only and are not intended for use in any business, employment or recruitment context.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. The website contains tests that aim to indicate the compatibility of relationships and provide some general recommendations of how to improve relationships. By using these tests you agree that they are provided for public use with no guarantee of validity or accuracy of the results, and are not to be interpreted as diagnostic or indicative of any illness, disability, or malfunction of a relationship. If you do have any concerns about your results after taking one of the tests, consult your GP for professional advice. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 5 - 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 providing you the goods (e.g. via email) 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 provide 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 provide or make available the item concerned.
Payments are made through the Website electronically. When you pay by credit or debit card you consent to us or our payment partners carrying out certain checks which include obtaining authorisation from your card issuer to ensure that 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 prices at any time by posting new fees on our Website and we may provide certain discounts or offers at any time. All prices shown are in U.S. dollars ($USD), unless specified otherwise, and include VAT, where applicable.
Section 6 - Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Section 7 - 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 Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
In order to obtain a refund, you must warrant to us that you have (i) not shared any copies of the relevant premium content of the full “Relationship Test” version with any other person and (ii) deleted or destroyed all copies of these materials that you have in your possession.
Our Refunds and Cancellation Policy can be found here.
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;
- You used the full premium version’s download link after requesting a refund;
- We have strong reason to believe that you have shared your full premium test results, or their download link(s), 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 accessing your full premium test results.
Section 8 - Licence to Use Website
Unless otherwise stated, we or our licensors, own the intellectual property rights on the Website and material on the Website, including all Products, including but not limited to copyright and associated moral rights, trade marks, 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. If Products feature the intellectual property of third parties, which we do not own, it is clearly stated.
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 our Website;
- Redistribute material or Products from this Website except for content specifically and expressly made available for redistribution;
- Reproduce any intellectual property rights of third parties on our Website without the consent of those parties.
Section 9 - Acceptable Use
You must not use the Website in any way that causes, or may cause, damage to the Website or impairment to the availability or accessibility of the Website.
You must not use the Website 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 written consent. You must not infringe the rights of any digital Products that are sold or made available for free 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.
Section 10 - User Generated Content
By submitting Content to us in any form (e.g. through feedback), you grant us a perpetual, royalty-free, irrevocable, non-exclusive, worldwide, unrestricted license to reproduce, perform, prepare derivative works, distribute copies or publicly display Content in any medium and for any purpose (including commercial purposes), and also to authorize others to do so.
Section 11 - Notice and Takedown
We will make all reasonable efforts to identify and remove content that is defamatory or infringing on intellectual property rights when notified but cannot be responsible where you have failed to provide the relevant information.
In the event that you believe that any content on the Website is defamatory or infringing on intellectual property right you should notify us in writing by email to firstname.lastname@example.org including the following:
- Your full name and contact details, including postal address, telephone number and e-mail address;
- The exact URL at which the defamatory or infringing content appears;
- The content that you believe is defamatory or infringing on intellectual property rights;
- The reasons that you believe the content is defamatory or infringing on intellectual property rights;
- A statement confirming that you are authorised to act on behalf of the claimant or rights holders;
- A signed declaration of truth in respect of the information in the notice.
Any statement made under this clause 9 may be used in court proceedings.
Section 12 - 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, email 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 email us at email@example.com. However, as aforementioned, please do not include any ideas that this policy will not permit us to accept or consider.
Section 13 - 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 relationship or personality assessments.
Nothing in this Website or our Products should be construed as medical, psychological, professional relationship, 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.
Section 14 - Limitations and Exclusions of Liability
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 personality types. 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, medical advice by your doctor, therapist, psychologist.
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.
The content published on the Website will include views and opinions submitted by users. We do not endorse any views or opinions made by the users of the Website. 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.
Section 15 - Indemnity
Section 17 - Variation
Section 18 - Assignment
Section 19 - Severability
Section 20 - Exclusion of Third Party Rights
Section 21 - Entire Agreement
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 22 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by English law and the English courts shall have exclusive jurisdiction over any disputes connected to the website and the services provided. If you use these services from outside the UK, you are responsible for ensuring your use conforms with your national and/or state laws.
Section 23 - Our Details
The full name of our company is Personality Research Initiative Limited.
If you have any concerns or complaints you can contact us by email at firstname.lastname@example.org.