(www.testcandidates.com) and all associated web pages.
You should read these terms and conditions carefully before using the Site. By accessing or using this Site you agree to be bound by these terms and conditions and any documents referred to within them. If you do not agree with or accept any of these terms and conditions then you should cease using the Site immediately. If you have any questions about the Site, please contact us using the e-mail address:
Definitions and Interpretation
Means any text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Site;
We, Us or Our
Means Picked Group Ltd, a company registered in England and Wales under company registration number 10885111 whose registered office is at 22 Charterhouse Square, London, England, EC1M 6DX;
You or Your
Means the person accessing or using the Site, its Content or any Aptitude Test; and
Means without limitation, any malicious code, trojans, worms and viruses, lock, authorisation key or similar device that impairs or could impair the operation of the Site.
Unless the context otherwise requires, words in the singular shall include plural and those in the plural shall include the singular; and
Any phrase introduced by the words including, includes, in particular or for example, or any similar phrase, shall be construed as illustrative and shall not limit the generality of the related general words.
We seek to make this Site as accessible as possible. If You have any problems accessing this Site or the Content contained on it, please Contact Us using the details set out in clause 1.1 (above).
Restrictions on use
As a condition of Your use of the Site, You agree:
Not to use the Site for any purpose that is unlawful under any applicable law, or prohibited by these Terms;
Not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings Us or any third party into disrepute or causes Us to be liable to any third party;
Not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its Content except as permitted by Us under these Terms or as expressly provided under applicable law;
Not to use the Site to distribute Viruses;
Not to represent or suggest that We endorse any other business, product or service unless We have separately agreed to do so in writing; and
That You are solely responsible for all costs and expenses that You may incur in relation to Your use of the Site and shall be solely responsible for keeping Your password and other account details confidential.
We reserve the right to prevent or suspend Your access to the Site if You do not comply with any part of these Terms or any applicable law.
Ownership, use and intellectual property rights
This Site and all intellectual property rights in the Site (including without limitation any Content) are owned by Us. We reserve all of Our intellectual property rights (which include without limitation all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
Nothing in these Terms grants You any rights in the Site other than as necessary to enable You to access the Site. You agree not to adjust to try to circumvent or delete any intellectual property notices contained on the Site and in particular in any digital rights or other security technology embedded or contained within any Site Content.
Submitting information to the Site
Where our Site enables You to communicate with Us and/or other users of the Site, You may not use the Site to transmit harmful or offensive (eg violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring Us or the Site into disrepute. Although we reserve the right to monitor, edit, review or remove discussions, chats, postings, transmissions, bulletin boards and similar communications on the Site from time to time, We are under no obligation to do so and assume no responsibility or liability arising from any Content posted on the Site nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information. Our right to use submissions or other material provided by You is non-exclusive, freely transferable and worldwide so You shall be entitled to use Your own material yourself subject to applicable law.
Accuracy of information and availability of the Site
Whilst We use reasonable efforts to include accurate and up-to-date information on the Site, We do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance You may place on the information on this Site is at Your own risk and We may suspend or terminate operation of the Site at any time at Our sole discretion. Nothing in these Terms shall operate to prejudice any mandatory statutory requirement or Your statutory rights. Content on the Site is provided for Your general information purposes only and to inform You about Us and Our products and news, features, services and other websites, which may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
Whilst We make commercially reasonable efforts to ensure that the Site is available, We do not represent, warrant or guarantee in any way the Site’s continued availability at all times or uninterrupted use by You of the Site.
Hyperlinks and third party sites
The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for Your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
Warranties and limitation of liability
You agree that Your use of the Site is on an ‘as available’ basis. As stated above, except as otherwise expressly required by applicable law, We make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency or any Content on the Site, or as to satisfactory quality, or fitness for particular purpose.
To the maximum extent permitted by applicable law, We exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which We may otherwise have to You as a result of any error or inaccuracies in any Content, the unavailability of the Site for whatsoever reason, and any representation or statement made on the Site.
We will not be liable for any loss or damage We cause which We could not reasonably anticipate when You started using the Site, for example if you lose revenue, salary, profits or reputation as a result of Your use of the Site and/or the acts or omissions of any third party such as other users of the Site or any other indirect or consequential loss or damage You may incur in relation to the Site and its Content.
Under no circumstances shall Our aggregate liability to You for any and all claims arising from Your use of the Site (including the downloading or use of any Content) exceed the amounts paid by You to Us in relation to Your use of the Site or its Content
Notwithstanding any other provision of these terms and conditions, We do not exclude or limit Our liability for death or personal injury arising from Our negligence, for fraud or any fraudulent misrepresentation made by Us on the Site or for any other statutory rights which are not capable of being excluded.
We accept no liability whatsoever and will not be liable for any candidate hiring or employment decisions made by clients of www.testcandidates.com or Picked Group Ltd. We provide a platform to compare candidates only, decisions that you make as a result of this comparison are your responsibility.
The maximum liability arising as a result of use of www.testcandidates.com or information on the Site shall be limited to the amount paid to Picked Group Ltd by the client who made the purchase.
We shall not be liable for any direct or indirect losses which arise out of use of the Site or any information contained on it or generated by Picked Group Ltd. This is includes losses which arise as a result of employment decisions and includes any type of damages and is not limited to loss of profit, assets, goodwill, data, future earnings or any other type of loss.
We make no warranties regarding the suitability, quality, reliability, availability or accuracy of any products, services or information made available on www.testcandidates.com or Picked Group Ltd.
We make no warranties that the products or service offered on the Site will be suitable for you or your purposes nor meet your expectations in terms of quality, suitability or timeliness of delivery.
We make no warranties that information contained on the Site will be accurate or reliable.
You agree not to make any claims or take legal action against Picked Group Ltd as a result of using the Site or purchasing any products or services from Picked Group Ltd.
You agree not to make any claims for loss of data or information contained on the Site or held by Picked Group Ltd.
We exclude all liability for any type of discrimination resulting from use of any of the products, services or information offered by the Site or Picked Group Ltd.
The maximum liability of Picked Group Ltd for non-receipt of goods or services is limited to the amount paid for those goods or services by the individual client who made the purchase.
Picked Group Ltd accepts no liability whatsoever for the consequences of use of information generated from and stored on www.testcandidates.com or any affiliated websites.
Our free trial refers to the free use of our platform for a pre-agreed amount of usage. You will only use a Free trial for the period designated on the Order and for the purpose of assessing the purchase of a Service subscription. We may discontinue a Free trial at any time and for any reason. Only one Free Trial per organization or individual is permitted.
Pricing & Payment
You will pay Us the applicable fees on the Order on or before the start of the Term but in no case later than the date indicated on Your invoice. All payments will be made without any deductions and in the designated currency. You assume responsibility for and will pay any and all applicable levies, customs, and duties, or taxes imposed by any governmental authority related to the Order. If You are prohibited by applicable law from making required payments free of taxes (including value-added tax), deductions, or withholdings, or if such taxes are charged by Us, You will reimburse all such additional charges/amounts to Us.
All plans are recurring and payment will be taken on the renewal date. Plans can be cancelled at any point and access to the platform will be permitted to You until the end of the current subscription. If a plan is cancelled by You or Us before the end of the current subscription, You will not be charged again.
All Orders are non-cancellable. Neither prepaid fees nor any other fees are refundable under any circumstances.
We use a a PCI compliant third-party gateway processor for our credit card processing. If You attempt to pay with a credit card and payment is declined or an account balance remains due, We may direct the credit card processor to charge the card again or require an alternative credit card to be used.
If You fail to make any payment when due, You are responsible for and will pay or, at Our option, reimburse all reasonable costs of collection, including without limitation attorneys' fees.
You are responsible and liable for the acts and omissions of Authorized Users, including without limitation, any Authorized User conduct that violates the AUP or Your responsibilities under this Agreement.
You shall take reasonable steps to prevent unauthorized access to the Service. You will use the same or similar actions as it takes to protect its accounts and other information of similar sensitivity. You will immediately notify Us if You becomes aware of or reasonably suspects any unauthorized use of or access to the Service (including Company Content) and commits to use its best efforts to stop such use or access.
You agree that You will provide Us with complete and accurate information regarding Your number of employees, as well as complete and accurate billing and contact information. Without limiting Our rights or remedies, if Your usage exceeds expectations for the service level pricing tier, We may charge You for additional fee(s) that correspond to Your use; and may suspend Your use of the Service without advanced notice. If requested by US, You will verify, certify, or provide Your employee count to Us.
You commit and agree that You will have all necessary rights and title and/or permission to use Custom Test Content before it is submitted to the Service. You will promptly notify Us in writing of any claims relating to Your Custom Test Content, and will remove any Content that is subject to verified claims at Our request. Should we wish to do so, we have the right to use Your Custom Test Content.
You will not permit any of You Authorized Users to do any of the following:
(a) access the Service or use any of its features or resources
(b) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make the Service or its content available to any third party
(c) modify or make derivative works based upon the Service or its content;
(d) share non-public Service features or content with any third party;
(e) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, techniques, processes, algorithms, know-how or other information from the Service
(f) alter, change, remove, obscure or add to any notices or other indications (including copyright notices) as to the ownership of or any IP or other labels, symbols, logos, legends or trademarks affixed to or embodied in the Service
(g) frame, deep link or establish unauthorized links to any part of the Service.
You have a non-exclusive, non-sublicensable, non-transferable (except as specifically permitted in this Agreement) right to access and use the Service and Company Content under this Agreement during the Term, in connection with Your internal staffing business purposes. Your rights do not include the right to reproduce, distribute, or disclose to third parties any Company Content. You acknowledge and agree that the Company Content are protected by copyright and other laws and are Company's trade secrets and Confidential Information (as defined below in Section 5.01); and that unauthorized distribution, disclosure, or other use would reduce or destroy their validity, usefulness, and value and would cause substantial and irreparable harm.
You assume sole responsibility for the accuracy of data uploaded to the Service by Authorized Users, and We will have no responsibility or liability for the accuracy of such data.
Risks Related to Candidates
You recognize and agree that We have no control over the truth or accuracy of information provided by Candidates and doing business and communicating through the Service involves inherent risks. Without limiting the generality of the foregoing, We make no representation regarding any such risks, and You assumes all risks related to using or having Candidates use the Service.
ATS License Rights
If You use the Service through Your ATS, You will obtain the necessary rights and permissions for the configuration and/or integration of the ATS with the Service, including access and use by You. Your use of the ATS is governed by separate terms established between You and the ATS provider. You accept the risk of possible disruptions of the Service outside of Our control caused by the ATS, including Service disruptions resulting from the suspension or interruption of the ATS. Such disruptions will not qualify as a “Service Interruption” covered by the service level agreement.