PLEASE READ CAREFULLY BEFORE ACCESSING THE APPLICATION
This Application (defined below) is published by or on behalf of Arctic Shores Limited (Company No. 8589048) whose registered office is at 17 Marble Street, Manchester M2 3AW, United Kingdom (“Arctic Shores”, “we” or “us”). Our VAT number is 165182604.
This Application permits us to develop a personality profile of the user (“you” or “your”) through completing a Game-Based Assessment (“Assessment”) made available on the Application. You may access or download and complete the Application for your own enjoyment or your employer, potential employer or a recruitment business may request you to complete an Assessment and provide you with a candidate ID number to enable you to do so.
- As a consumer, you have the right to cancel before using the Application. You will lose the right to cancel once you begin to access the Application. This does not affect your consumer rights if the Application is defective.
- Use of this Application is also subject to the rules and policies applied by any app store provider or operator from whose site (“App Store”) you downloaded the Application
- This Application is available for mobile handheld devices running iOS [version 7.x and above] or Android versions [version 4.x and above] (“Devices”);
- You should print or store an electronic copy of these Terms for future reference.
- We own the Application, each Assessment and any and all services, features and facilities, content and data provided through or in connection with the Application (“Services”). We are licensing you the right to use the Application, any Assessment and the Services under the Terms. You have no other rights in relation to the Application, any Assessment or the Services.
- If you complete any Assessment at the request of any employer, potential employer or recruiter, feedback on your behavioural and personality strengths and other information, including personal information you provide whilst using the Application, will be sent to that employer, potential employer or recruiter. Please ensure that you know what they will do with that information. Otherwise, we collect data from your use of the Assessment and we may share aggregated and anonymised information from the Assessment to third parties, but you will not be personally identifiable from such data.
- You must not allow anyone else to use your copy of the Application or pretend to be you when completing an Assessment. This is very important especially when you have been asked to complete the Assessment as part of the recruitment process of any recruitment business, agency or any employer. You should faithfully follow the Application’s instructions when completing the Assessment and not try to deliberately manipulate the results.
About us: If you have any queries or complaints please contact us at the address given above, or by email at firstname.lastname@example.org.
The Application: In these Terms the “Application” includes all software provided by us for use on Devices (including software in the Application).
Registration: In order to use the Application, you must sign up with an email address. You may only register once with one email address. You must not pretend to be anyone else when registering or using the Application, Assessment or the Services. You must not allow anyone else to use your copy of the Application or complete any Assessment on your behalf as this will provide false results. If you have been invited to complete the Assessment by any employer, potential employer or recruitment business (“Business”) you will have been given a candidate ID by that Business which you should use to log in. Otherwise, you may choose your own username.
Permission to use another person’s Device: You must have permission from the owners of the Device to download a copy of the Application onto that Device.
Responsibility for using the Assessment: You accept responsibility in accordance with these Terms for the use of your copy of the Application on any Device, whether or not it is owned by you.
Completing the Assessment for your own benefit – use of results: The Application allows you to complete an Assessment through which we collect information about how you act in each task or activity, in order to identify and give you feedback on your behavioural and personality strengths (“Traits”). Our Services may provide you with information about your Traits as well as information about how your Traits rank compared to other users (collectively, “Results”). The Traits of other users are only presented in aggregate form; users of the Assessment are not individually identified to other users by their results. If you are completing for your own enjoyment, we may share aggregated and anonymised information (such as Results) about you with third parties. You will not be personally identifiable from such information.
Completing the Assessment at the request of any Business: If you complete the Assessment at the request of a Business, your Traits and Results and such other information as you have provided to the Service will be shared with that Business, and such information will contain personally identifiable information. We are not responsible for the manner in which any Business uses such information. The Business should have provided you with their own data policy in respect of their use of your personal information.
Internet Transmissions: You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Application, Assessment or Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Technical Information: By using the Application, Assessment or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
Changing the Terms: We may change these Terms at any time by notifying you of a change when you next start the Application. You may be required to read and accept the new Terms to continue your use of the Application.
Updates: Updates to the Application may be issued through the App Store from time to time. Depending on the update, you may not be able to use the Application until you have downloaded the latest version of the Application and accepted any new Terms.
Links to third party sites: The Application, Assessment or any Services may contain links to other independent third-party websites (“Third-party Sites“). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any).
Acceptable use restrictions: You must: (i) not use the Application, Assessment or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Application, Assessment or Services or any operating system; (ii) not infringe our intellectual property rights or those of any third party in relation to your use of the Application, Assessment or Services; (iii) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Application, Assessment or Services; (iv) not use the Application, Assessment or Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and (vi) not collect or harvest any information or data from our Services or our systems or attempt to decipher any transmissions to or from the servers running any part of the Services.
Intellectual property rights: All intellectual property rights in the Application, Assessment or Services anywhere in the world belong to us or our licensors. You have no rights in, or to, the Application, Assessment or Services other than the right to use each of them in accordance with these Terms. You have no right to have access to the Application or Assessment in source-code form.
No warranty: The Application, Assessment and Services are free of charge for individual users. As such, to the extent permitted by applicable law, they are provided on an “as-is” and “as available” basis and no terms, warranties or conditions, express or implied, shall be incorporated into these Terms.
Limitation of liability: We only supply the Application, Assessment and Services to you (i) for your own domestic and private use or (ii) where you have been invited by a Business, for the purposes of providing information to that Business. You agree not to use the Application, Assessment or Services for any commercial, business or resale purposes. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity arising out of your use of the Application, Assessment and Services and we have no liability at all for any use made by a Business of the results of your use of the Application, Assessment or Service.
We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence up to the limit specified below. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time you accepted these Terms. Our maximum aggregate liability under or in connection with these Terms (including your use of the Application. Assessment or any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £50. Nothing in these Terms shall limit or exclude our liability for (i) death or personal injury resulting from our negligence; (ii) fraud or fraudulent misrepresentation; and (iii) any other liability that cannot be excluded or limited by English law.
Termination: We may terminate your right to use the Application, Assessment or Services if you breach any of these Terms or we have reasonable grounds for believing you have. We will inform you by email if your access is terminated and you must immediately remove the Application from all of your Devices.
Communication: If you wish to contact us in writing, please use the contact details given in these Terms. If we have to contact you or give you notice in writing, we will do so by e-mail.
Governing Law: These Terms are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.