PLEASE READ CAREFULLY BEFORE ACCESSING THE APPLICATION

Online Terms of Service

Introduction

These are the terms of supply for services provided through this mobile application (Application). The Application is operated by or on behalf of Arctic Shores Limited (Arctic Shores, we, us and our). We are a limited company, registered in England. Our registered company number is 08589048, and our registered office is at Lowry House, 17 Marble Street, Manchester, M2 3AW. Our VAT number is 165182604.

Your use of any of the services offered by this Application (Services) is subject to these terms and by using any Service you agree to be bound by them. You should print a copy of these terms for future reference. We have been engaged by your employer, potential employer or recruitment company (“Requesting Business“) to provide you with access to our Services. As part of this, both the Requesting Business and Arctic Shores may process your personal data. Please read our Privacy and Cookies Policy (https://www.arcticshores.com/privacy) to learn how your personal data is used.

Arctic Shores provides psychometric Assessments (Assessment) to organisations who wish to recruit or develop existing or potential member of staff. We enable employers to differentiate their hiring or development process, raise brand awareness, engage prospective talent and make fair and objective people related decisions. The Assessment permits us to develop a set of personality traits of the user (you, your) through responding to psychometrically designed tasks made available through the Application.

These terms were last updated on 1st February 2019.

1. Access
Your Requesting Business may ask you to access or download the Assessment as part of selection or development process, and shall provide you with a username and password to enable you to do so.

Where you download the Assessment onto a device which does not belong to you, you must obtain their permission to download the Assessment prior to using the device.

Use of the application results in information and analytics which will be passed onto your requesting business.

2. Our Services
You acknowledge and agree that you are solely responsible for all use you make of any Service. You must not allow anyone else to complete the Assessment on your behalf. You must faithfully follow the Assessment instructions at all times and you acknowledge that any manipulation of your actions in the Assessment will render the results invalid. Further, you must not attempt to copy the Assessment, in whole or in part (including, for example, by taking screenshots of the Assessment), or attempt to distribute the Assessment, or any part of it, unless expressly allowed by these terms.

3. Changes to the Service and terms
As it is our policy continually to review and update our Service offerings, we reserve the right to make changes to any Service and/or to these terms from time to time.

4. Service suspension and termination
We may, from time to time, with or without prior notice, temporarily suspend the operation of any Service and/or the Application (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.

We may suspend and/or terminate any Service and/or your use of your account in the event that you have breached any of these terms. If you have breached these terms, we may take such action as we deem appropriate.

Such a breach by you may result in our taking, with or without notice, all or any of the following actions:

• issue of a warning to you;
• immediate, temporary or permanent withdrawal of your right to use any Service;
• legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; and/or
• disclosure of all relevant information to law enforcement authorities as we reasonably feel is necessary.

The responses described above are not limited, and we may take any other action we deem appropriate.

Upon termination of the Service or your account, for any reason:

• all rights granted to you under these terms will immediately cease; and
• you must promptly discontinue all use of the relevant Service.

5. Access to the Application
It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Application and is compatible with the Application.

We cannot guarantee the continuous, uninterrupted or error-free operability of the Application. There may be times when certain features, parts or content of the Application, or the entire Application, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Application, or any features, parts or content of the Application.

6. What you are allowed to do
You may only use the Application for non-commercial use and only in accordance with these terms. Additional terms may also apply to certain features, parts or content of the Application and, where they apply, will be displayed on-screen or accessible via a link.

7. What you are not allowed to do
Except to the extent expressly set out in these terms, you are not allowed to:
• ‘scrape’ content or store content of the Application on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Application;
• remove or change any content of the Application or attempt to circumvent security or interfere with the proper working of the Application;
• copy any part of the Application by way of “reverse engineering”, “disassembling” etc.

You must only use the Application and anything available from the Application for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

All rights granted to you under these terms will terminate immediately in the event that you are in breach of any of them.

Misuse of the application or breach of these terms may result in us notifying the Requesting Business who may take action against you with regards to your hiring or employment by them.

8. Intellectual property rights
All intellectual property rights in any content of the Application (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading the Application. In the event you print off, copy or store information from the Application (only as permitted by these terms), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

9. Application features and content
We may change the format, features and content of the Application from time to time. You agree that your use of the Application is on an ‘as is’ and ‘as available’ basis and at your sole risk.

Whilst we try to make sure that content on the Application consisting of information of which we are the source is correct, you acknowledge that the Application may make content available which is derived from a number of sources, for which we are not responsible. In all cases, information on the Application is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Application and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Application or relying on any of its content.

We cannot and do not guarantee that any content of the Application will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

10. External links
The Site may, from time to time, include links to external sites. We include these to provide you with access to information that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not
guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators.

11. Our liability
Nothing in these terms shall limit or exclude our liability to you:

• for death or personal injury caused by our negligence;
• for fraudulent misrepresentation;
• for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or
• for any other liability that, by law, may not be limited or excluded.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of the Services that is caused by events outside our reasonable control.

12. General
You may not transfer or assign any or all of your rights or obligations.

All notices given by you to us must be given in writing to the address set out at the end of these terms. We may give notice to you by email.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

These terms may not be varied except with our express written consent.

These terms and any document expressly referred to in them represent the entire agreement between you and us. We are required by law to advise you that this contract may be concluded in the English language only and that no public filing requirements apply.

These terms shall be governed by English law, except that if you live in Scotland or Northern Ireland there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.

You agree that any dispute between you and us regarding these terms will only be dealt with by the English courts, except if you live in Scotland or Northern Ireland, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.

The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest.

Contacting us
Please submit any questions you have about these terms by email to support@arcticshores.com.