Terms and conditions of sale

Last updated on: 30 March 2023

 

JMM PUBLISHING LTD

167-169 Great Portland Street W1W 5PF London

Company number 12642117 and VAT. GB 364 3536 90

These General Terms and Conditions of Sale (hereinafter referred to as the "Conditions") apply without restriction or reservation to the sale of the Services on the Site. https://ouriq1.com/ (hereinafter the "Site") and define the rights and obligations of JMM PUBLISHING LTD (hereinafter the "Seller" or "JMM PUBLISHING LTD") and the Customer (hereinafter the "Customer"). The Conditions may be consulted on the Site and/or made available to any User.

All Customers and Users acknowledge and accept that any order placed for the Vendor's Services implies unreserved acceptance of the Conditions. They acknowledge that they have read the Conditions before placing any order. The current version of the Conditions is the only version binding on Customers and Users of the Site:

During the period of use of the Site and until a new version replaces it, JMM PUBLISHING LTD reserves the right to modify these Conditions at any time without notifying Users and Clients in advance, but the Conditions applicable will be those online at the time the Order is placed.

For any subscription to the Seller's Products and Services, the Conditions take precedence over any other document issued by JMM PUBLISHING LTD or over any other General Conditions of Purchase. The Seller reserves the right to depart from certain clauses herein or to establish Special Conditions.

These Terms and Conditions came into force on 30 March 2023.

In these Conditions, the following terms shall have the following meanings:

 

"Subscription means the subscription package taken out by the Customer on the Site and providing the associated services;

"Customer In accordance with the provisions of the introductory section of the Consumer Rights Act 2022, a person acting wholly or mainly for purposes unrelated to his trade, business, craft or profession;

"Customer account refers to the Customer's personal space where they can (i) consult their invoices, (ii) modify their personal details, (iii) consult their test results;

"GENERAL TERMS AND CONDITIONS or "Conditions means these general terms and conditions of sale;

"Ordering means any order placed by a Customer on the Site;

"Services shall designate the services sold by the Site;

"Site refers to the Site https://ouriq1.com/ operated by the Seller and made available to the User ;

"Awards refers to the price applicable to the Subscription communicated to Customers via the Site before the order is validated;

"User means any user of the Site.

Under these terms, the Customer, the User and the Seller may be referred to individually as the "Party" and collectively as the "Parties".

2.1 Preliminary provisions

 

The services that may be ordered by the Customer are those presented and detailed on the Site. The Services are described and presented as accurately as possible. However, the Vendor cannot be held liable for any errors or omissions in this presentation. The photographs accompanying the presentation of the Services are not contractual and therefore do not engage the responsibility of the Seller.

2.2 Pre-contractual information

Prior to placing an order and entering into a contract, the Customer acknowledges having received, in a legible and comprehensible manner, these general terms and conditions of sale and all the information listed in Annex 3 of the Consumer Rights Act 2022.

The following information is provided to the Customer in a clear and comprehensible manner:

• The main characteristics of goods, digital content, digital services or services,
• The clear price of goods, digital content, digital services or services,
• In the case of a contract containing a subscription, the cost for the billing period.

2.3 Services and products

The Customer may acquire several Products via the Site, the list and characteristics of which are presented on the Site when the Customer consults it.

The Site enables Users to take personality tests. The test can be taken by creating a customer account or in "guest" mode.

After completing the questionnaire, the Customer is required to pay for the service in order to receive the results.

After payment, the result of the IQ Test is sent by e-mail to the Customer.

The Customer must be particularly careful when completing the personality questionnaire. No new report or modification of a report will be authorised in the event of truncated, erroneous or missing answers.

2.4 Subscription

By placing an order for an IQ Test (article 2.3), the Customer automatically takes out a subscription for the Site's Services (hereinafter, the "Subscription") enabling him/her to carry out as many Personality Tests as he/she wishes. All test results are sent by e-mail and are available in the Customer's Account.

The Subscription is valid for one Customer only. All Customers are prohibited from providing their access codes or account to a third party. Any contravention by a Customer of this provision will result in the Customer being held liable and may give rise to the immediate termination of the Customer's Subscription without notice and the end of access to the Site, as well as the payment of compensation to the Vendor.

As soon as the account is created - after the first IQ Test has been ordered - the Subscription is launched after the first 24-hour trial period. The Customer therefore has a period of 24 hours to prevent this Subscription from being launched and to unsubscribe. After this period, the Subscription will be automatically set up.

Subscriptions are taken out for a period of one (1) month and are automatically renewable from month to month. Any Customer wishing to unsubscribe may do so at any time by clicking on the "Unsubscribe" tab to cancel their Subscription. The Subscription will end at the end of the month, with any month started being due.

2.5 Creating a Customer Account

In order to place an order for the Services on the Site, the User may create a customer account or place an order in "Guest" mode. However, once the Customer has ordered the results of their IQ Test, a customer account is automatically created for them on the Site.

To create an account, the Customer will be asked to define a connection identifier and a password. The Customer is solely responsible for the security and confidentiality of his/her login details and must notify JMM PUBLISHING LTD without delay in the event of loss or theft of the Customer's login details leading to fraudulent use of his/her personal account.

If the Customer wishes to change his/her login details or if he/she suspects fraudulent use, he/she must contact the Vendor's customer service without delay by sending an e-mail to the following address contact.myiq1@gmail.com.

Access codes are for personal use only. The Vendor may not be held liable in the event of loss or theft of the Customer's identifiers or fraudulent use of the Customer's account.

To place an order on the Site, the User must complete the following steps:

3.1 Ordering an IQ Test

See the terms described in article 2.

3.2 Contact details

The Customer must then indicate their surname, first name and the e-mail address to which they wish to receive their Test. The Customer must indicate whether they wish to receive communications from the Seller by ticking the appropriate box.

3.3 Payment of the price

The Seller may apply discounts and promotions to the Services and Products. The final price displayed is the price after deduction of any discounts and promotions. Discounts and promotions may not be combined and are only applicable once per Customer.

3.4 Validation

Before proceeding with payment, the Customer must accept the applicable General Terms and Conditions of Sale by ticking the box provided for this purpose, as well as the waiver of the right of withdrawal concerning the IQ Test. This validation implies acceptance of all the General Terms and Conditions of Sale. Any order placed by the Customer implies acceptance of the prices and descriptions of the Services purchased. Following payment, the sales contract is concluded between the Customer and the Vendor.

5.1 Prices

The Seller reserves the right to change its prices at any time, but undertakes to apply the prices in force at the time of the order, subject to availability on that date.

5.2 Payment incidents

The Customer is hereby informed that any delay in payment of all or part of an amount due on the due date will automatically result in the acceleration of all amounts due by the Customer and in immediate payment.

In addition, any late payment of invoices, from the day following their due date, will automatically result in the application of late payment penalties calculated on the unpaid amount excluding taxes, and equal to at least three times the legal interest rate in force. These penalties are payable automatically and without notice.

In addition, for Professional Customers, in accordance with European Directive 2011/7/EU, in the event of late or non-payment, the Seller is entitled to compensation for the costs incurred as a result of the late payment, plus additional recovery costs of €40.00.

JMM PUBLISHING LTD may automatically suspend all orders in progress, whatever their nature and level of progress, in the event of late payment by the Customer. This suspension may not be considered as a termination of the Contract by the Seller, nor give rise to a right to compensation for the Customer.

5.3 Cancellation and modification of orders

Once an order has been placed, it cannot be modified or cancelled once it has been paid for, unless the right of withdrawal is exercised (Article 6) and the Subscription is cancelled (Article 2.4).

6.1 Provisions applicable to the IQ Test

In accordance with Article 111 of Chapter 5 of the Consumer Rights Act 2022, the right of withdrawal does not apply to :

a) a service contract, where the service has been fully provided and the provision of the service has begun with the consumer's prior consent and acknowledgement that he will lose the right of cancellation once the service has been fully provided by the trader [...].

c) A contract by which the trader provides or undertakes to provide a digital service to the consumer and by which the consumer pays or undertakes to pay the price of the digital service, where - the consumer pays or undertakes to pay the price of the digital service.

i. the digital service has been fully provided, and ii. the provision of the digital service has commenced with the consumer's prior consent and acknowledgement that they will lose the right of cancellation once the digital service has been fully provided."

By placing an order on the Site for the IQ Test, the Customer is therefore informed of this provision. The Customer acknowledges that he/she has been informed that, from the moment the order is paid for, the Customer accepts that the Service is initiated by the Vendor, that he/she will have access to the digital content provided by the Vendor (the result of the IQ Test) and, consequently, that the Customer waives the right to exercise his/her right of withdrawal.

6.2 Provisions applicable to the Subscription

In accordance with Section 113.2, the Customer has a period of fourteen days to exercise his right of withdrawal from a digital service contract without having to justify his decision or bear any costs other than those provided for in Section 112.2.d.

However, as soon as the Customer has carried out at least one (1) IQ Test as part of their Subscription (in addition to the initial IQ Test), they waive their right to withdraw.

Where the right of withdrawal is applicable, the Customer has a period of fourteen (14) days from receipt of his right of withdrawal, for whatever reason, to obtain reimbursement for his order. The Customer will be reimbursed for the sums paid by transfer to their bank card within fourteen (14) days of receipt of their request to exercise their right of withdrawal.

To exercise their right of withdrawal, Customers must send an e-mail using the form below:

[Complete and return this form only if you wish to cancel the contract].

At [here the merchant's name, geographical address and e-mail address must be inserted by the merchant]:

I/We [notifies you/us [] hereby my/our [] withdrawal from the contract of sale of the following goods [for the provision of the following service [*],

Ordered on [received on [],

Name of consumer(s),

Address of consumer(s),

Signature of the consumer(s) [only if this form is submitted on paper],

Date

7.1 General provisions

The Customer guarantees that the information provided when placing an order or subscribing to a service is up to date and truthful. They also guarantee that they are a natural person of legal age and capable of entering into a contract. The Customer is solely responsible for the accuracy of the information provided in their personal space. In this respect, they undertake to update the information if necessary.

The Vendor may not be held liable in the event of inaccurate, inaccurate or missing data having a direct or indirect impact on the performance of the Service by the Parties.

In providing the Services, the Seller cannot be held responsible for any interruption related to the terms described in articles 4 to 8 of the General Terms and Conditions of Use.

7.2 Disclaimer

The Customer is specifically informed that Personality Tests are not an exact science and cannot be associated with hard science or psychoanalysis. By placing an order on the Site, the Customer therefore acknowledges that the information communicated in his or her personality test result is given for information purposes only and does not constitute perfectly reliable information on which the Customer may rely entirely in order to make certain decisions.

Furthermore, the Customer assumes full responsibility for any decision taken solely on the basis of the information contained in the Personality Tests. Given that the information provided by the Vendor cannot be equated with psychoanalytical advice, it is the Customer's responsibility to complete and/or verify the information contained in their test with professionals.

Under no circumstances may the Vendor be held liable for any consequences of a decision taken by a Customer based solely on his IQ Test.

The Vendor's obligations relating to the protection of the Customer's personal data are described in the "Protection of Personal Data" tab on the Site.

The Vendor may not be held liable for its delay or failure to perform its Services if such delay or failure is due to the occurrence of an event beyond its control or to force majeure, which could not reasonably have been foreseen at the time the order was placed and the effects of which cannot be avoided by appropriate measures.

In the event of the occurrence of such a case of force majeure, performance of the General Terms and Conditions of Sale will be suspended until the disappearance, extinction or cessation of the case of force majeure.

However, if the case of force majeure persists beyond a period of thirty (30) days, the Parties must meet to discuss a possible modification of the order.

The deadlines set out in these GCS will be automatically extended depending on the duration of the force majeure event.

10.1 Settlement of disputes

These Terms and Conditions and the transactions arising from them are governed by English law.

The Parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or performance of these Terms and Conditions. In this respect, the party wishing to initiate the amicable conciliation procedure must notify the other party, by registered letter with acknowledgement of receipt, of its intention to initiate the said procedure, specifying the difficulties of application encountered or the shortcomings noted.

This amicable settlement procedure is a mandatory prerequisite to the institution of legal proceedings between the Parties. Any legal action brought in breach of this clause will be declared inadmissible.

If the parties fail to reach an amicable agreement within thirty (30) calendar days of the first notification, each of them will regain full freedom of action.

In the event of failure to reach an amicable resolution despite the efforts made, any dispute relating to the performance, interpretation, validity and resolution of the Conditions will be submitted to the competent courts within the jurisdiction of the Court of Appeal of the Vendor's registered office.

10.2 Mediation

The European Commission has set up an online dispute resolution platform for the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. The Commission can be accessed at the following address https://webgate.ec.europa.eu/odr/ .

This procedure is free of charge. The Customer may, at his own expense, be assisted by counsel of his choice.

Separability : If one or more articles of these General Terms and Conditions of Sale are deemed invalid or declared void by virtue of a law or regulation, or following a court decision authorising res judicata, this shall not affect the other clauses of the General Terms and Conditions of Sale.

Non-renunciation : The fact that one Party has not exercised a breach by the other Party of one of the obligations referred to in these General Terms and Conditions of Sale shall not be interpreted for the future as a waiver of the obligation in question.

Partial nullity : In the event of a contradiction between a stipulation of the General Terms and Conditions of Sale and any present or future legislative text, law, ordinance, regulation, court decision or collective agreement, the latter shall prevail, provided that the stipulation hereof so affected is limited only to the extent necessary to ensure that other stipulations are not affected.

Language of the General Terms and Conditions of Sale : These Terms and Conditions and the transactions arising from them are governed by the laws of the United Kingdom. They are written in English and, in the event that they are translated into one or more other languages, only the English text will prevail in the event of a dispute.