Terms and Conditions
Us, We and Our means the 'Peoplescan Services' website (Peoplescan Services Limited UK)
You means, members, customers and visitors to the website.
This document sets out the Terms and Conditions under which the content and services are provided to you.
By accessing the website either as a customer or visitor you agree to be bound by these Terms and Conditions.
- All rights in and to the design concept, source code, documentation, tools, data files, algorithms, images, graphs, textual information and other materials used in the execution and completion shall remain with us. All rights in the delivery items for the account/ service in electronic form remain with us.
- All rights in and to source materials supplied to us by you shall remain with you. You shall indemnify us against any third party claims relating to published documents that you have created through the service we provide.
- All designs, names, marks, intellectual property rights and materials developed by us in the course of the contract /account remain with us. If any claim is made against us such as material supplied to us by you infringes the copyright, design, trademark or other industrial or intellectual property rights of any other person, you shall indemnify us against all loss damages costs and expenses awarded against or incurred by us in settlement of the claim.
- Copyright of any translated text by a third-party or member for us will remains with us.
If you are a customer of our service we grant you a non-exclusive non-transferable licence to use the software and associated documentation used in the delivery of our online service. You cannot resell, or otherwise transfer for value, the software. You cannot reverse engineer, de-compile or disassemble the software. You cannot sell, lease or rent the software. You cannot provide or offer technical support for the software. You cannot use the software in any way other than as expressly permitted under the terms of this licence. You cannot transfer any of your rights under the terms of this licence. We reserve the right to terminate this licence at anytime, especially if you fail to comply with any of these terms and conditions.
The information gathered by our online profiles will not be used for marketing purposes now or in the future, in addition, this information will not be sold to any third parties or used for financial gain. Occasionally we may send you information of interest on the global SDi community and updates on online profiles and training.
Online Services are available to anyone wishing to purchase one of our services/ products, however some services/ products can only be provided if you have SDi Certification.
The details provided by you on the order form must be full and complete in order to effect online use (part details will not be processed). You should notify us of any changes to the details provided by you, or where applicable you can update your details through your online account Control Panel.
From time to time we may offer other free promotional services; however, we reserve the right to terminate these services at any time.
Your Personal Information
- We will respect your personal information and undertake to comply with all applicable UK Data Protection legislation. Please see Privacy Statement
- When you become a subscriber you agree that we may use the personal information provided by you in accordance with the notification given to you in the Privacy Statement, (subject to any limitations you selected on the order form)
- As a subscriber you agree that you will update your personal information as and when required. New and old email addresses must be validated through our Email Validation page within your account.
Our Obligations to Customers and Visitors
We will endeavour to maintain that our website and service is accessible at all times, however, we cannot accept responsibility for any interruptions, failures or defect or loss of service and therefore do not accept responsibility for any costs, loss of profits, loss of data, or consequential losses arising from your use of, or inability to access our website or service.
Our Website and Service
- We make absolutely no warranties whatsoever expressed or implied, for the service we provide, beyond what is reasonably acceptable from an online service.
- At times our website may provide links to other websites or resources. We cannot accept responsibility for these websites or resources, neither can we be deemed to have endorsed their content, products or services.
- We make all reasonable effort to ensure that all information provided on our website is accurate at the time of its inclusion, however, there may be omissions, inaccuracies or errors in respect of which we exclude all liability.
- We make no representations or warranties about the information included on this website (including links to third parties ' websites). Any decisions based on the information contained on this website are your sole responsibility.
- We, our affiliates, information providers or content partners do not provide any warranty as to the accuracy or completeness of the information contained on our website.
- We reserve the right to suspend, restrict, or terminate your access to our website or service for any reason, including in particular, if your use on the website causes or is likely to cause the whole or part of the website to be interrupted, damaged, rendered less efficient or in any way impaired. Likewise we are not and will not be held responsible for any damages the user may suffer as a result of the loss of confidentiality /data due to any breaches in security which has caused any published document to be altered by any known or unknown person/ group.
- In order to maintain the integrity of our website and service we reserve the right to forward registration details to the police or other regulatory authorities where misuse or improper use occurs. We may also suspend your use to our service and provide details to the appropriate authorities where a complaint arises concerning your use of our website or service.
- You cannot store or use any of our files on any storage media (electronic or paper based) without our written permission. Including source code files required for test validation. With the exception of your downloaded test data and test reports and associated files obtained from your online account Control Panel.
- If you have an online personal/ corporate account, you may provide a link from your website to your personalised login page for the duration of your account.
- Termination of online personal/ corporate accounts will be removed from our system 14 days after the account expires, after which time any links to your account must be broken.
- At times we may provide webpages that can be placed inside IFRAMES on a 3rd party websites such as a newsletters sign-up form, whether or not an affiliate reference is used any data belongs to Peoplescan Services Limited not the 3rd party.
- You agree that you will only use our website or service in a manner that is consistent with these conditions and in such a way as to ensure compliance with all applicable laws and regulations. In particular, you will not use our website or service to transmit or publish any material which is defamatory, offensive, or of an obscene or menacing character, or which may, in our judgment, cause annoyance, inconvenience or anxiety to any person.
- To the extent to which your use, or the use by any person who may be authorised by you or for whom you are responsible (for example as an employer) causes loss or damage to any person, you agree to indemnify us immediately on demand in relation to any such losses or damages attributable to website or service, including where necessary any legal and administrative, or technical charges that may arise from such use.
- Where applicable, you are responsible for maintaining the confidentiality of your account number and the password. As a result, you are fully responsible for all activities, which occur under them. You must notify us immediately of any unauthorised use of which you become aware by contacting us
- You cannot simultaneously login to your account Control Panel through more than one computer or browser window, as this is a breach of the Terms and Conditions. Please note, that all connections are logged.
- You are responsible for obtaining all equipment and payment of all telephone charges necessary to access and use our website and service.
- You agree that the material and content contained within or provided to you as part of our service is for you only and must not be distributed in any way privately or commercially. You must not display any of the contents of our website in a frame surrounded by other material not originated by us. Your use of our website carries with it no rights in relation to copyright, trade marks or other intellectual property rights that belong to us.
Our entire liability to you in respect of all matters associated with our website and service shall be as follows:-
- Nothing in this contract excludes liability, which is prohibited from being excluded by law.
- Except as set out in (1) above we accept no liability for and hereby exclude any liability for any consequential or indirect losses, loss of profits, loss of business, loss of goodwill or any form of special damages.
- Liability for direct losses shall (subject to sub paragraph (1) above) be to the amount actually paid by you to us and all conditions, warranties or other terms whatsoever inconsistent with the provisions of this sub paragraph are hereby expressly excluded.
- In the event that (3) should prove for any reason ineffective to exclude any liability referred to in that sub paragraph, any such liability shall, subject to (1) be to the amounts actually paid by you to us.
Billing, Payments and Cancellation
- Billing We will invoice your online account at the date of sale except for online profiles which are billed on the 1st of every month. In either case you agree to settle the invoice within 14 days net of the invoice date.
- Payment by cheque. We accept payments made by cheque or money order, however the account/ work will not be activated until clearance, unless prior arrangements are made with us. Any declined payments will automatically suspend the account or work. If such payment is not received within fourteen working days of the declined payment, We will close the account and forward an invoice to you inclusive of work already processed plus an administration charge of $25/£15/€20.
- Payment by credit/ debit card. Your Bank must authorise payment before service are provided. We can accept payment is GBP, USD or Euro.
- 14 day money back guarantee on all new accounts where no chargeable profiles or questionnaires have been used. This does not include extra work commissioned by the customer.
- No monies will be refundable for any cancellations, outside the 14 day money back guarantee.
- You acknowledge that by completing any profile, either by you or your participants, you will have been deemed to be consenting to immediate provision of the service by us to you. Accordingly, you will have no right to cancel the provision of the service under the Consumer Protection (Distance Selling) Regulations 2000.
- We reserve the right to change prices for profiles and services which arise because of an increase in cost to delivery of services, other costs beyond our control or changes in the global currency market. If we do, then we will give you at least 30 days notice in writing (via email).
- All payments must be made payable to 'Peoplescan Services Limited'.
Credits, Discounts and Affiliates
- We reserve the right to change or withdraw any discounts offered to profiles or services. In most cases we would give at least 30 days notice in writing (via email).
- We reserve the right to change or withdraw our Affiliation scheme without notice or reason. In most cases we would give at least 30 days notice in writing (via email).
- Credits or Affiliation fees can only be withdrawn if the account is open. Accounts due to expire within 28 days including closed or expired accounts must be re-opened for a further 12 months using the previous account type (Focal, Corporate or Personal) for fees to be withdrawn. Payment to your bank will be made within 28 days of the request. Any outstanding invoices must be settled before a payment can be transferred). An administration fee of $25/£15/€20 will be charged for each withdrawal request, your account will be invoiced.
- Mentor Services are provided through a global network of 'Mentors' qualified to at least Level 2 Certification according to the Spiral Dynamics Group Certification Process.
- Whilst we select all 'Mentors' based upon clear criteria of competency and experience, and each mentor operates according to our specified guidelines, we do not accept any liability for guidance or advice offered by a 'Mentor.'
- Any complaints about any 'Mentor' should be sent via our support page. All complaints will be investigated speedily.
Peoplescan Administrator Software
LICENSE CODE REPLACEMENT POLICY
- WE DO NOT PROVIDE REPLACEMENT LICENSE CODES, should you lose your License code we can only provide you with original License Code that was issued to you under the registered Software Code. This means that if you move the software onto another computer you will need to purchase a new license as the License code will not be valid for that computer.
- If your hard-disk crashes, or it just goes up in sparks, we cannot send you a new License code. If this occurs you will need to purchase the product again.
- We are not liable for any loss due to any failure not directly related with the software.
- If any provision of these conditions is held to be unenforceable, it will not affect the validity and enforceability of the remaining provisions.
- These conditions may be amended from time to time. Any such amendments shall be effected by posting the amended Terms and Conditions on our website. We may also in the same way extend these conditions to include other conditions applicable to specific products or services offered by us.
- Downloaded or cached web pages must not be stored to any other server or location this constitutes to reproduction or redistribution and is expressly prohibited.
- The removal, downloading or alteration of any source files held on our website are expressly prohibited using any non-browser third party software.
- Acceptance of these conditions shall be deemed to be a contract made in England and therefore subject to the laws of England and Wales and the jurisdiction of the English courts.
Amended January 24, 2012