Terms of Use (Ref 040504)

Terms of Use (ref 040504)

Last updated: 5-MAY-04

1. About us

We are Liam Healy & Associates ("LHA") an unincorporated business operating in the United Kingdom.

2. Definitions

"Assessment" means the on-line psychometric assessment to be undertaken by Candidates using this Website.

"Candidate" means a user of this Website accessing the Test Taker Area for the purpose of completing a psychometric assessment as authorised by an LHA Client.

"Client Area" means the area of the Website reserved for LHA Clients containing information relating to psychometric assessments completed by Candidates.

"LHA Client" means any client of LHA subscribing to the Services.

"Services" means the making available by LHA of an on-line psychometric assessment facility for the purpose of psychometric assessment of individuals.

"Test Taker Area" means the area of the Website reserved for Candidates and containing the on-line psychometric assessment to be taken by the Candidate.

"Website" means the Internet web site having the domain name address www.psychometrics.co.uk or www.cpc.ne-web.net or www.candidatemanager.com;

3. About these terms

3.1. These terms apply to your use of the Website.

3.2. By accessing the Website you are deemed to have accepted these terms. If you do not agree to them you must stop using this site.

3.3. The most current version of these terms is dated on the above date but we may at any time revise them without notice. You are responsible for reviewing these terms on each occasion that you revisit the Website and if you continue to use the Website after changes are made you are deemed to have accepted them.

4. Country of use

It is only intended that people in the United Kingdom will use and view this Website. You must not access this Website from outside of the United Kingdom.

5. Psychometric Assessment

5.1. This Website allows Candidates to undertake an Assessment using the client code and password provided to the Candidates by the LHA Client.

5.2. The steps you need to take to complete the assessment, (which can only be in English), are as follows:-

5.2.1. enter the client code and password provided to you by the LHA Client and enter your name in the input fields provided;

5.2.2. read the "Introduction" carefully before commencing the Assessment;

5.2.3. answer all of the questions contained in the Assessment;

5.2.4. check that you have completed all relevant fields;

5.2.5. press the "Submit" button on completion of the questionnaire;

5.2.6. you will receive confirmation on screen that your Assessment has been processed.

5.3. Following completion of your assessment, the LHA Client will be informed that a report is ready to be generated. Users of the Website irrevocably acknowledge and agree that:

5.3.1. they undertake any assessment on behalf of the LHA Client and not LHA;

5.3.2. LHA generates and exclusively considers the results of any assessment;

5.3.3. we do not discuss the results of any assessment with either the LHA Client, the Candidate or any third party on their behalf;

5.3.4. we do not provide to any third party any proprietary, technical or reporting information relating to the Assessment;

5.3.5. we are not involved in any decision making process regarding the suitability of a Candidate as an employee of the LHA Client.

6. Intellectual Property Rights

6.1. The design and content of this Website is protected by copyright and is owned by LHA and its licensors. All rights are reserved.

6.2. All other intellectual property rights in the Website are the property of LHA or its licensors.

6.3. You may print off or download content as permitted under the fair dealing provisions of the Copyright Designs and Patents Act 1988 (as amended) (sections 28 to 30) for the purposes of viewing it on your computer, research for non-commercial purposes, private study, criticism, review and news reporting, provided that you do not alter it in any way and acknowledge us as the source of the content and the copyright owners.

6.4. All other use or copying of any of the contents of this site, other than as permitted by law, is prohibited.

7. Candidates and Clients

7.1. Certain areas of our Website are reserved for certain categories of users. These include the Test Taker Area and the Client Area.

7.2. You will be responsible for keeping your client code and password(s) confidential and secure for all use made of this Website, whether or not it is used by you or used by another without your authority. Please notify us immediately if you become aware of any unauthorised use or other security breach and always ensure you close your browser at the end of each session. For the avoidance of doubt, this paragraph 7.2 applies to both Candidates and LHA Clients.

7.3. Notwithstanding the provisions of clause 7.2 above, Candidates must not allow any third party to use their client codes and/or passwords for any reason.

7.4. LHA Clients must not (for any reason whatsoever) log in to the Test Taken Area on behalf of Candidates.

7.5. We will not be responsible for any third party completing an Assessment on behalf of a Candidate.

7.6. You, being either a Candidate or an LHA Client may not assign or sub-license any rights we grant you as a registered user.

8. Acceptable use

8.1. It is impossible to provide an exhaustive list of exactly what constitutes acceptable and unacceptable use of this Website. In general, we will not tolerate any use of our Website which damages or is likely to damage our reputation, the availability or integrity of the Website or which causes us or threatens to cause us to incur any legal, tax or regulatory liability.

8.2. We therefore ask you to treat our Website with respect, and not to use the Website or our products or services for any illegal purpose, or in such a way as to infringe or breach other's rights or to cause or threaten to cause us damage.

8.3. We reserve the right to suspend the use of our Website generally or block your access to any part of the Website and/or to suspend or terminate your rights to use the Website or any part of it if we suspect misuse. We shall then report any misuse of our Website to the relevant enforcement or other authorities and to our advisers. We further reserve the right to disclose any evidence we have which relates directly or indirectly to misuse.

9. Links

9.1. Links to this Website are permitted, although we reserve the right to withdraw such permission at any time. Links must only be made to the home page of this Website and you are not entitled (nor shall you assist others) to set up links from your own Website to this Website by deep-linking, framing or otherwise, without our prior written consent. Such consent may be withheld at our absolute discretion, and without the need to provide a reason.

9.2. This Website includes links that allow you to leave this Website and visit third party sites. We have no control over and are not responsible for the content, use by you or availability of those third party websites, for any products or services you buy through those sites or for the treatment of any personal information you provide to the third party.

10. Cookies We use cookies on this Website. Further information about cookies, how we use them to store and access information about you and how you can elect to refuse their use can be found in our Privacy & Cookie Statement.

11. Privacy This Website includes areas where you are requested to input information about yourself. Any information you submit to us through this Website shall be subject to the terms of our Privacy & Cookie Statement.

12. Disclaimer of representations and warranties

12.1. Content. We take steps to ensure that all information we provide on this Website is correct and complete at the time of the last update to the relevant page but we do not warrant it will be correct and complete.

12.2. Availability. We take steps to ensure it is available to all permitted users, including disabled users. We do not warrant that the Website will be continuously available, or that your use of the Website will be uninterrupted or error-free, or that the Website and server will be free from attack.

13. General

13.1. If a court or other competent authority holds any of these terms to be void or unenforceable in whole or part, the other terms and the remainder of the affected term shall continue to be valid.

13.2. Nothing in these terms shall exclude or limit our liability for death or personal injury due to our negligence or our liability for fraudulent misrepresentation.

13.3. Our failure to exercise or delay in exercising a right or remedy provided by these terms of use or by law does not constitute a waiver of those or any other rights or remedies.

13.4. These terms and the use of this Website and its content shall be governed by and construed in all respects in accordance with English law, and you agree to submit to the non-exclusive jurisdiction of the English courts.