Terms and Conditions
On-Line User Licence & Membership Agreement
This is a legal agreement between you and ClickATest.co.uk the proprietor of ClickATest ("ClickATest") relating to any test or service provided online or otherwise by ClickATest. By completing the online sign-up form and clicking on the 'Accept' button during the registration process you are agreeing to be bound by the terms of this Agreement.
"ClickATest" means any test or service provided online or otherwise by ClickATest.
"Reports" means all of the information, records and data stored on and/or derived from ClickATest;
"User" means a user who has registered online or otherwise at ClickATest with the purpose of sitting an assessment, submit an assessment to a third party or who by a third party has been registered on ClickATest with the purpose of sitting an Assessment.
2. Grant of Licence and Term
(A) ClickATest grants you a non-exclusive, non-transferable limited licence to use ClickATest in accordance with the terms and conditions of this Agreement.
(B) Users may purchase credits ("Credits") from ClickATest online or though an Invoice agreement which, through a credit metering system, will allow them to purchase reports for delivery by email or to print reports in each case for use in accordance with the terms of this Agreement, by reference to the number of Credits purchased. The cost of Credits and the number of Credits required in relation to reports and other data fields are in accordance with the rates applied by ClickATest from time to time to its credit metering system. No refunds will be made in respect of Credits purchased, but not used. However, unused Credits may be held in your online account for the period of one year from the date of purchase for you to use at your discretion within that period of time.
You shall be deemed to have accepted the terms of this Agreement by clicking on the "Accept" button during the registration process.
4. Use and Restrictions
(A) Only Users may use and, upon payment, retrieve Reports for their use. Use of any Report is limited to such Users’ own internal business purposes.
(B) Access to and use of ClickATest for Users is through the use of a Login Name and Password. You agree to ensure that your Login Name and Password are kept confidential and not to permit any unauthorised third party to use the same. You agree to notify ClickATest immediately of any unauthorised use of ClickATest on your account or any other relevant breach of security known to you.
(C) You may not:
(i) Distribute with malicious intend or publish in any form of media Reports to or for third parties in any manner whatsoever, or otherwise infringe any copyright, database right and/or other proprietary interest of ClickATest;
(ii) loan, lease or transfer this Agreement or any rights under it to any other person unless you have first obtained the written consent of ClickATest and the other person has agreed to be bound by the terms of this Agreement;
(iii) modify, adapt, translate, reverse engineer, disassemble or decompile any part of the Reports or enhance them in any way, save to the extent expressly permitted by law;
(iv) make any part of the Reports available to the public, except as expressly permitted by this Agreement;
(v) destroy, modify or tamper with any of the credit metering system forming part of ClickATest or alter or attempt to alter the number of Credits applicable to the User;
(vii) use any of the Reports or part content of any Report to send or make communications which are defamatory, obscene, offensive or in breach of any law.
5. Recruitment presence on www.ClickAJob.co.uk
As a ClickATest customer, use of these assessment facilities entitles you to certain privileges on ClickATest's parent website at www.ClickAJob.co.uk.
In exchange for the right to use your logo these are:
(i) a visible presence on ClickAJob's high-traffic job-seeker targeted website; (ii) provision of a free Company Profile containing a number of dedicated candidate-centric pages featuring your company together with any vacancy advertisements you may choose to purchase on ClickAJob.
6. Failure to pay
If payment cannot be charged to your credit card or there is a chargeback for whatever reason, of if you fail to pay any amount due, ClickATest reserves the right to block access to the areas of ClickATest for which such payments are pre-requisite.
7. Liability — Please note that the following provisions restrict and exclude ClickATest’s liability to you.
(A) SUBJECT TO CLAUSE (B) NEITHER CLICKATEST NOR ANY OTHER PERSON WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF CLICKATEST SERVICES ONLINE OR OTHERWISE MAKES ANY WARRANTIES OR REPRESENTATIONS WITH RESPECT TO CLICKATEST OR REPORTS GENERATED BY CLICKATEST WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, TRADE USAGE, COURSE OF DEALING OR OTHERWISE ALL OF WHICH ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
(B) CLICKATEST DOES NOT WARRANT THAT ALL OR ANY REPORTS OR INFORMATION DERIVED FROM CLICKATEST WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OR AVAILABILITY OF CLICKATEST ONLINE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN CLICKATEST WILL BE CORRECTED. YOU SHALL ACCESS AND USE CLICKATEST ONLINE AT YOUR OWN RISK AND IN NO EVENT WILL CLICKATEST BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE OF ANY KIND INCLUDING LOST PROFITS OR OTHER CONSEQUENTIAL LOSS ARISING FROM YOUR USE OF OR INABILITY TO USE CLICKATEST ONLINE OR FROM ERRORS OR DEFICIENCIES IN IT WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE OR FROM ANY LOSS OF DATA (INCLUDING DATA INPUT BY YOU).
(C) WHERE YOU TAKE DELIVERY OF REPORTS BY EMAIL, SUCH DELIVERY WILL BE AT YOUR OWN RISK. CLICKATEST DOES NOT WARRANT THAT THE DATA OR FILE DELIVERED ARE FREE FROM ANY ERRORS, VIRUSES, WORMS OR OTHER DESTRUCTIVE FEATURES AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE SUFFERED AS A RESULT OF THEM. CLICKATEST SHALL ASSUME RECEIPT OF EMAILED INFORMATION BY YOU UNLESS INFORMED TO THE CONTRARY.
(D) IN ANY EVENT CLICKATEST'S ENTIRE LIABILITY SHALL BE LIMITED TO THE PURCHASE PRICE OF THE REPORTS IN RELATION TO WHICH CLICKATEST’S LIABILITY ARISES.
8. Data Protection
You agree that you will at all times conform with all relevant rules and regulations governing the holding of data including without limitation the Data Protection Act 1998 (as amended from time to time);
You shall indemnify ClickATest and/or its officers and/or agents in respect of any loss or damage whatsoever which it or they may suffer or incur directly or indirectly from any failure to comply with the terms of this Agreement by you or by your employees or agents or by any other party acting through or with you.
10. Breach and Termination
Your rights to use ClickATest and the Reports and information generated by ClickATest or any part thereof may be terminated at any time by ClickATest with immediate effect on written notice to you if you breach this Agreement.
11. Entire Agreement
This Agreement sets out the entire complete and exclusive agreement and understanding between you and ClickATest relating to its subject matter and each of the parties hereby acknowledges and agrees that in entering into this Agreement it has not relied on any representation, conditions or warranties including without limitation any implied representations, conditions or warranties otherwise than as expressly set out in this Agreement.
Any notice or other communication served under this Agreement shall be in writing. Standard conditions shall be by electronic mail, facsimile or in writing and shall be deemed delivered upon receipt by the party to whom the communication is directed at the address specified below. If to ClickATest, the email notice shall be addressed to info@ClickATest.co.uk and other written notices addressed to:
BrookLands Business Park
Surrey KT13 0TT
Tel: +44 (0)203 287 8566