Terms and conditions for use of the Website and/or Platform

Using our Website and/or Platform and agreeing to our Terms of Use Policy

Definitions

In this Disclaimer

• "we" "us" "our" means Infinitely People Limited;
• "Website" means www.infinitelypeople.com or any sub domains or IT systems used by us;
• "Platform" and "Platforms" means our Human Capital Platform or any of our online platforms which contains any of our IT based human resource systems including but not exclusively; our assessment tools platform, our performance and talent management platform, our 360° feedback platform, our employee engagement survey platform, including any bespoke development provided by us or any sub domains or IT platforms used by us;
• "use of the platform" and "use the platform" means accessing, browsing or registering to use our Platform in whatever manner;
• "Terms of Use", "Terms and Conditions of Use" means Terms and Conditions for Use of the Website and/or Platform;
• "Privacy Policy" means our privacy policy which can be found at https://www.infinitelypeople.com/PrivacyPolicy.aspx.;
• "Materials" means information, data, assessments, performance management solutions, or any human capital products provided by us;

General Information

• These Terms and Conditions of Use, together with the documents referred to herein, explain the terms and conditions of use which apply to your use of the Website or Platform, its entire content and any of its related sub domains.
• Please ensure you read these terms of use carefully before you use the Website and/or Platform.
• By choosing to access and use the Website and/or Platform you are accepting and agreeing to be bound by the Terms and Conditions of Use policy outlined below and those contained in our Privacy Policy, whether you are using it as a guest or registered user. If you do not agree with the policy this you should not use the Website and/or Platform.
• Our Website and/or Platform use cookies and by using it you are consenting to our use of cookies in accordance with the terms in our Privacy Policy and Cookie Policy.
• We reserve the right to change these Terms and Conditions of Use at any time, without providing you with any notice. It is your responsibility to check them regularly or each time before you agree to purchase any products or services via our Website and/or Platform.

About Us

• The Website and/or Platform is operated under license to Infinitely People Limited.
• Infinitely People Limited is registered in England and Wales under company number 4985218. Its registered office is at 241 Raeburn Avenue, Surbiton, Surrey, KT5 9DF.
• Infinitely People Limited's VAT number is 823962513.
• We always enjoy hearing from you. If for any reason you wish to contact us with comments, ideas or queries please feel free to do so. You can contact us by writing to the business address given above, by using our website contact form which can be found on our website or by email to enquiries@infinitelypeople.com.

Disclaimer

Website and/or Platform and Service Access

• While we attempt to ensure our Website and/or Platform is available 24 hours a day, we will have no liability for the inability of anyone to access our Website and/or Platform or any information, material or service on it at any time or for any period.
• We do not warrant that our Website and/or Platform will operate without any interruptions and access to the Website and/or Platform may be suspended temporarily and without notice in case of system failure, maintenance, repair or reasons beyond our control.
• We will have no liability to you or others regarding this Website and/or Platform including failure to login, access the Website and/or Platform or stay online.
• From time to time we may restrict access to some parts of the Website and/or Platform, or our entire Platform for both visitors and those who have registered with us.
• We reserve the right to suspend/disable your access to our Website and/or Platform or your registration as a user immediately if you fail to comply, or we have reasonable grounds to believe you are failing to comply, with any of these Terms and Conditions of Use or any document referred to herein.
• If the need arises we may elect at any time, without any notice or explanation, to suspend or discontinue access to the Website and/or Platform or part thereof or close it indefinitely. You will not be entitled to any form of compensation upon the discontinuance or alteration of any Website and/or Platform service.

Accuracy of information

• While we attempt to ensure all information on our Website and/or Platform is accurate and correct, we make no representation and give no conditions, guarantees and warranties that any information or material on the Website and/or Platform is accurate, up to date or complete. The content, material and information provided on the Website and/or Platform is therefore provided "as is" without any conditions, warranties or any other terms of any kind.
• We accept no liability for any loss or damage incurred by inaccurate information or by the manner in which that information was used or interpreted by others.
• We also make no commitment and are under no obligation to update the information or material found on the Website and/or Platform.
• We may change the content of the Website and/or Platform at any time and without any notice.
• If you notice any inaccurate information on the Website and/or Platform please contact us immediately at enquiries@infinitelypeople.com.

Content on the Website and/or Platform

• The information on this Website and/or Platform is not intended to address your particular needs and/or requirements. It therefore does not represent any form of advice or recommendation by us and is not intended to be relied upon by you in making or refraining from making any decisions. We recommend you take specific advice from a suitably qualified individual(s) before making any decisions.
• Commentary and other materials posted on the Website and/or Platform are not intended to constitute advice on which reliance should be placed. We will have no liability or responsibility for any reliance placed on such materials by any visitor to the Website and/or Platform or by anyone informed of any of its contents.
• Some of the information, tools and articles presented on the Website and/or Platform are provided by third parties and do not necessarily represent our views or opinions. We are not responsible for the validity or accuracy of such publications and all publications are provided for information purposes only.

Third Party links and services

• Our Website and/or Platform may contain hyperlinks to Websites and resources owned and operated by third parties. These links to other sites and resources provided by third parties are provided for information only. We have no control over the content of those Websites or resources and make no representations about and do not accept any liability or responsibility in relation to them or for any loss or damage arising from your use of them. You should read the terms and conditions of those Websites and you are responsible for determining the safety and content validity of any third party Websites.
• Any information, offer or service offered by a third party on our Website and/or Platform, or on any site to which our Website and/or Platform is linked, is that of the provider and not of ours. We do not endorse and are not responsible for the accuracy or reliability of such information or offer of service.
• If you elect to enter into a contract, purchase products or services or make use of a third party Website and/or Platform in any way even if directed from our Website and/or Platform to them, this is a matter between you and them. We shall have no liability for the quality of the products or services provided by a third party who we may mention on our site or to whom our site is linked.
• We also do not guarantee that our Website and/or Platform or Websites which are linked with our Website and/or Platform are free from computer viruses or any other malicious or impairing computer programmes
• Any concerns you may have concerning any external third party link should be directed to that site's Website administrator

Visitor & User Conduct and Material

• You are responsible for ensuring that all people who access our Website and/or Platform through your internet connection are aware of and comply with these Terms and Conditions of Use.
• Some services available through our Website and/or Platform may be accessible to only users who are preregistered to use the applicable service. Each registration is for a single user only. These registered users may be provided with a user identification code/name, password or any other piece of information as part of our security procedures.
• These users are responsible for ensuring the security of their registration details provided to them. They should be treated as confidential at all times and should not be shared with any other third party or between multiple users on a network.
• While responsibility for the security of any passwords issued rests with the individual users, should you suspect or become aware that your user details are lost or have been stolen you should contact us as soon as possible to ensure replacement registration/login details are created and provided to you. Users of the system will be responsible for any losses they incur as a result of their failure to keep their username and password secure and confidential.
• We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with the provisions of these Terms and Conditions of Use.
• If you registered as a business user of our Website and/or Platform, you represent and warrant that you (the individual registering the business) have the authority to do so and to bind any relevant legal entity on whose behalf you are acting.
• Any material you choose to transmit or post to the Website and/or Platform or supply to us in relation to the Website and/or Platform will be considered non-confidential and non-proprietary. We will have no obligations in relation to such material. You retain all of your ownership rights in your content, but you provide to us (and our designees) a perpetual, worldwide, non-exclusive, royalty-free, transferable license to use, copy, disclose, distribute, prepare derivative works of, display, and otherwise use such material and all data, images, sounds, text and other things embodied in any such material for any and all commercial or non-commercial purposes, and you confirm that you have all necessary rights and licenses to enable us to do so.
• We reserve the right to disclose your identity to any third party who claims that any posted or uploaded content provided by yourself to our Website and/or Platform constitutes a violation of their intellectual property rights, or of their right to privacy.
• You can cancel your registration as a user of our Website and/or Platform at any time by contacting enquiries@infinitelypeople.com. Cancelling your registration will not, however, affect your obligations in relation to any services or information you have previously received.
• You should not take any action which may corrupt, damage or impair the availability, accessibility and performance of our Website and/or Platform.
• You should not use our Website and/or Platform in any way which is illegal, unlawful, fraudulent, harmful, libellous or threatening
• You may not link our Website and/or Platform to any other Website and/or Platforms without our prior written permission. If you would like to create a link to our Website and/or Platform, please contact us first at enquiries@infinitelypeople.com to request such permission. All permission will be provided in writing. We expressly reserve the right to revoke any right which we grant to link to the Website and/or Platform at any time including for breach of any of these Terms and Conditions of Use and to take any action we deem appropriate.
• We may take legal action if we discover any unauthorised use or misappropriation, misuse or infringement of our content, Website and/or Platform functionality, look and feel of the Website and/or Platform or interference with the identity of our Website and/or Platform or taking any action to impair the good-will of our trade names, trademarks or other intellectual property.
• The following listed behaviours further constitute unacceptable conduct and will result in a criminal offence being committed under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing the identity and location of anyone posting any material in breach of these Terms and Conditions of Use. In the event of such a breach, your right to use our Website and/or Platform will cease immediately.
  • Attempting to gain, interfere or gain unauthorised access or use of our Website and/or Platform or otherwise exploit, extract, screen scrape, data mine, data harvest, publish, distribute, or reproduce any part of our Website and/or Platform.
  • Attempting to gain access or interact with our Website and/or Platform using robot, spider or other electronic automatons.
  • Attempting to gain unauthorized access to the server on which our Website and/or Platform is stored or any server, computer or database connected to our Website and/or Platform.
  • Attempting to attack our Website and/or Platform via a denial-of-service attack or a distributed denial-of service attack.
  • Knowingly introducing computer viruses, spyware, Trojan horse, key stroke logger, worms, logic bombs, rootkit or any other material which is malicious or technologically harmful.
  • Using data collected from our Website and/or Platform for any unsolicited advertising, direct marketing, phishing activity of whatever nature.
• You agree to compensate us for any loss, damage, cost or expense we suffer as a consequence of a failure by you to observe and comply with the conditions of these Terms and Conditions of Use or any document referred to herein.

Privacy and Data Protection

• Please read our Privacy Policy to help you understand how we use your personal data and protect your privacy.
• Whenever you provide us with personal information you are consenting to us using it in accordance with our Privacy Policy and warrant that all data provided by you is accurate.
• You agree that Infinitely People may use and/or disclose information about you your demographics and use of the Website and/or Platform in any manner which does not reveal your identity.
• By participating in site promotions, contests and polls and contacting Infinitely People via the Website and/or Platform you agree to us using your information for marketing and promotional materials.
• We reserve the right to change our Privacy Policy at any time, without providing you with any notice. It is your responsibility to check them regularly.

Intellectual Property

• Except where otherwise indicated the content and material (including without limitation photographs, logos, trademarks and graphical images) on this Website and/or Platform are protected by copyright, database rights and other intellectual property rights that belong to us, our affiliates, holding or subsidiary companies, or licensors, unless otherwise stated or indicated.
• All rights which are not expressly granted in these Terms of Use are reserved. All our rights in the content and design of our Website and/or Platform are reserved. No part of our Website and/or Platform may be reproduced or stored in any other Website and/or Platform or included in any public or private electronic retrieval system or service.
• Notwithstanding the above you may read, print and download material from our Website and/or Platform in a web browser (other than third party material), subject to the other provisions of the disclaimer free of charge provided it is:
  • for personal use in the ordinary course of business;
  • reproduced accurately;
  • not used in a misleading context; and
  • the source of the material is identified and the copyright status acknowledged.
• Unless you own or control the relevant rights to the materials you may not republish, redistribute, sell, rent or sub license material from our Website and/or Platform.
• You may not use, republish, disseminate or transmit any part of the materials on this Website and/or Platform in public or for commercial purposes or for any other purpose not permitted by these Terms and Conditions of Use without obtaining prior written permission to do so.
• Use of any extracts from this Website and/or Platform is prohibited. In particular, you are not permitted to publish, distribute or otherwise reproduce in any format any of the content or copies of the content of this Website and/or Platform.
• You may not modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on any software or any documentation accompanying such software or other content available on or through this Website and/or Platform.
• No license is granted to you in the Terms and Conditions of Use to use any of our trademarks.
• If you breach any of these Terms and Conditions of Use, your permission to use this Website and/or Platform automatically ceases and you must immediately destroy any downloaded or printed extracts from this Website and/or Platform.

Limitations and Exclusions of Liability

• Nothing in this Terms and Conditions of Use shall limit our liability for:
  • death or personal injury caused by negligence (as such term is defined by the UK Unfair Contract Terms Act 1977);
  • fraud or fraudulent misrepresentation, and/or
  • any liability which is not permitted or excluded under applicable law.
• The limitations and exclusions set out herein govern all liabilities arising under the Terms and Conditions of Use or subject matter thereof, including liabilities arising in contract, tort (including, without limitation, negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Website and/or Platform, you or any of your candidates inability to use the our Website and/or Platform or the results of any assessments data or surveys provided through it and any Website and/or Platform conneccted to this Website and/or Platform or the material on those Websites and/or Platform.
• We will not be liable to you in any respect for any losses arising out of any event(s) beyond our reasonable control.
• We and any other party (whether or not involved in creating, producing, maintaining or delivering this Website and/or Platform), and any of our officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage. Damages include without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, revenue, anticipated savings, profits, commercial opportunities or goodwill, contracts, use of money, or loss or damages arising from or connected in any way to business interruption.
• We will not be liable for any loss or damage due to virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, data, database, software or other property on account of your access to, use of, or browsing this Website and/or Platform or your downloading of any material from this Website and/or Platform or any Website and/or Platform linked to this Website and/or Platform. If your use of material on this Website and/or Platform results in the need for servicing, repair or correction of any of your equipment, software or data, you shall be responsible for any related costs.

Law and Jurisdiction

• These Terms and Conditions of Use Policy shall be governed by English Law and you agree that any disputes relating to these Terms and Conditions of Use Policy shall be subject to the exclusive jurisdiction of the courts of England and Wales.
• If any provision in these Terms and Conditions of Use Policy is for any reason, held by any court or other competent authority to be invalid, unenforceable, illegal in any way either in whole or part, the validity of the remainder of the provision and the other provisions of the Terms and Conditions of Use Policy shall not be affected and will remain in full effect.
• No delay or neglect by us to enforce these Terms and Conditions of Use will be deemed to or will be a waiver or in any way prejudice any of our rights.

Further Legal Information

• In using any of our materials all individual users (purchasers and registered users) shall be required to verify any local requirements and/or restrictions on using these types of materials in that jurisdiction, whether imposed by law, regulation or by a local regulatory or governmental body.
• It is the sole responsibility of the individual user to ensure that the use of the materials fully complies with any and all such local requirements and/or restrictions where any local requirements and/or restrictions exist that alter the criteria for, or prevent, use of the materials within a particular jurisdiction.
• Where any individual or entity uses materials in a particular jurisdiction in contravention of any local requirements and/or restrictions, whether knowingly or inadvertently, such individual or entity shall be solely responsible and liable for such use and shall hold is harmless and indemnify us in respect of any loss or claim arsing by a third party.
• An individual user wishing to return materials due to not ensuring such materials may be legitimately used within a particular jurisdiction shall be liable for the costs for the return of materials and/or the reimbursement of any associated costs.

COPYRIGHT NOTICE

Property of Infinitely People Limited © Copyright 2018 Infinitely People Limited.

All rights reserved. Other than for the purposes of using Infinitely People Limited's Website and/or Platform service, no part of this publication may be translated or reproduced in whole or in part, stored in a retrieval system, or transmitted in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) without the prior written permission of the copyright owner, Infinitely People Limited. This publication may not be resold, rented, lent, leased, exchanged, given or otherwise disposed of to third parties. Neither the purchaser nor any individual test user employed by or otherwise contracted to the purchaser may act as agent, distribution channel or stockist for this publication.