TERMS OF USE

THE TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SERVICE INCLUDING, THE LIMITATIONS OF LIABILITY AND CHOICE OF LAW AND JURISDICTION SECTIONS.

Last updated 15 March 2024

Version 1

DeGesh Consults

This company is a subsidiary of DeGesh Group (UK) Ltd (denoted by “we”, “us”, or “our”), is a company registered in England with company number 13756838 with registered offices at 20-22 Wenlock Road, London, N1 7GU, England, United Kingdom.

1.1. Please read these Terms of Use carefully (including the “Limitations of Liability” and “Choice of Law and Jurisdiction” sections below) before using the services (the “Service”). By using the Service, you signify your agreement to be bound by these conditions. These Terms of Use govern a legal agreement between you and us and it sets out the conditions which govern your use of the Service, which may be accessed through:

1.2. our website https://degeshconsults.com/HomePage/index (the “Website”), whether as a guest or a registered user; and/or

1.3. References in these Terms of Use to the Service, includes the Website and/or the App (as appropriate, depending on the method you are using to access the Service). When you use the Service via the App you will also be subject to the terms, guidelines and conditions applicable to any relevant App Site. If these Terms of Use are inconsistent with the App Site’s Rules, these Terms of Use will be in control.

1.4. By using the Service on our Website or through any App or device, you confirm that you accept these Terms of Use and that you agree to comply with them.

1.5. If you do not agree to these Terms of Use, which govern the contract between us, then you must NOT use the Service (including, accessing the App and/or the Website).

1.6. These Terms of Use incorporate by reference the following additional terms (which also apply to your use of the Website):

1.6.1. our Privacy Policy (https://degeshconsults.com/HomePage/policy ), as may be updated from time to time, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Service, you consent to such processing and you must ensure that all data provided by you is accurate; and

1.6.2. our Complaint Policy (https://degeshconsults.com/HomePage/policy ), as may be updated from time to time, which sets out information about the complaints in respect to the use of our Website/ services.

Grant and Scope of Licence

2.1. In consideration of you agreeing to comply with these Terms of Use, we grant you a non-transferable, non-exclusive, revocable licence to use the Service (including, as appropriate, the Website). We reserve all other rights.

2.2. We remain the owners of information and materials of our Services / Website at all times.

2.3. You may use the Website for both personal and organisational purposes.

2.4. Except as expressly set out in these Terms of Use or as permitted by any local law, you agree:

2.4.1. not to copy any element of the Website except where such copying is incidental to normal use of the Website, or where it is necessary for the purpose of back-up or operational security;

2.4.2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify any element of the Website;

2.4.3. not to make alterations to, or modifications of, the whole or any part of the elements of the Website, or permit the same (or any part of it) to be combined with, or become incorporated in, any other programs;

2.4.4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Website;

2.4.5. not to provide or otherwise make available any element of the Website in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

2.4.6. to comply with all technology control or export laws and regulations that apply to the technology used or supported by any element of the Website or the Service.

The Service

3.1. The Service enables you to do online tests without linking to any third parties.

3.2. Additionally the Service enables you to contact us for further information or more services .

3.3. The Service is designed to be accessed via the Website or through any device.

3.4.. We recommend that you complete your test once you access our test platform. However, if you choose to postpone, we do not guarantee continuity of the services.

3.5. If you do choose to print or export any data from our Website, we will not be liable for any disclosure of sensitive and personal data if such disclosure arises as a result of export or print out or otherwise share any information made available to you via your device.

Accessing the Service

4.1. We do not guarantee that the Service will always be available or that access to it will be uninterrupted. Access to the Service (whether via the Website) is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Service without notice. We will not be liable to you if for any reason the Service is unavailable at any time or for any period.

4.2. You are responsible for making all arrangements necessary for you to access the Service (including, having access to an internet connection and an appropriate Device or browser as appropriate).

4.3. You are also responsible for ensuring that all persons who access the Service through your internet connection and/or Device are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

4.4. If you require any assistance with accessing or use of the Service then please see https://degeshconsults.com/HomePage/contact for guides relating to the Service, including details as to how to contact our support function. Please note that any requests for support containing language that we deem to be inappropriate or unacceptable will be immediately closed (and we may forward the communication to the relevant authorities as appropriate). Please note that interactions with our support staff may be recorded (for training and monitoring purposes) and will be held in accordance with our privacy notice.

Registering to use the Service

5.1. If you wish to register as a Third Party Provider, you can do so by contacting us and providing brief information about you or your organisation.

5.2. If you are under 18 years of age when using the Service, you are subject to additional requirements or conditions of getting a permission from a parent or guardian.

5.3. We may suspend services or terminate user accounts if we reasonably suspect that they are being used in breach conditions set out in this Terms of Use.

Prohibited Uses

6.1. You may use the Service only for lawful purposes. You may not use the Service in any way:

6.1.1. that breaches any applicable local, national or international law or regulation;

6.1.2. that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect, or is in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously in respect of the Service;

6.1.3. which infringes our intellectual property rights or those of any third party in relation to your use of the Service;

6.1.4. to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Service;

6.1.5. that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

6.1.6. to access, send, knowingly receive, upload, download, use or re-use any personal information regarding any person other than yourself without their explicit prior consent;

6.1.7. to collect or harvest any information or data in respect of the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service; or

6.1.8. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

7. Linking to our Website or App

7.1. You are not allowed to link to the Website to any website or app without informing us.

7.2. You must not frame (or form part of it) on any other site or mobile application (as appropriate).

7.3. We reserve the right to permit or withdraw linking permission without notice.

8. Intellectual Property Rights

8.1. We are the owner (or the licensee) of all intellectual property rights in the Service (including, our Website). These works are protected by copyright laws and treaties around the world. All such rights are reserved.

8.2. Our rights in the Service are licensed (not sold) to you and you have no rights to the same other than to use the Service under and in accordance with these Terms of Use.

8.3. You may use the Service only for your personal or organisation use. You must not use any part of the Service for commercial purposes without obtaining an express licence in writing to do so from us (or our licensors as appropriate).

8.4. If you use any element of the Service in breach of these Terms of Use, your right to use the Service will cease immediately and we may suspend your access to the Service with immediate effect and without notice.

9. LIMITATIONS OF LIABILITY

Please read this section carefully as it sets out the limits of our liability to you in relation to your use of the Service.

9.1. Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

9.2. Subject to section 1, we will not be liable or responsible for:

9.2.1. any loss or damage that was not caused by a breach on our part;

9.2.2. any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure);

9.2.3. any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Service (loss or damage is ‘foreseeable’ if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract created by your use of the Service);

9.2.4. any loss or damage arising from an inability to use the Service; or

9.2.5. use of or reliance on any content displayed through the Service (regardless of the origins of such content).

9.4. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service.

9.5. This section does not affect any legal rights you may have as a consumer in relation to defective services or software. Advice about your legal rights is available from your local Citizen’s Advice or Trading Standards Office.

9.6. You acknowledge that we have made the Service available to you in reliance upon these Terms of Use (including, these Limitations of Liability).

10. Viruses

10.1. Whilst we work to strong security standards, we do not guarantee that our Website will be secure or free from bugs or viruses and you should use your own virus protection software.

10.2. You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Service will cease immediately.

11. Termination (for Third Party User)

11.1. You are free to stop using the Service at any time. If you breach any of these Terms of Use we can stop providing all or part of the Service to you. If we terminate (or suspend) your access to the Service then we will notify you by email or at the next time you attempt to access your account. In all such cases, the contract between us under these Terms of Use shall terminate and:

11.1.1. all rights granted to you shall cease;

11.1.2. you must immediately cease all activities authorised by these Terms of Use, including your use of the Service;

11.1.3. any provision of these Terms of Use that expressly or by implication is intended to come into or continue in force on or after termination of your right to use the Service shall remain in full force and effect, including: sections 7 (Prohibited Uses), 9 (Intellectual Property Rights),10 (Limitations of Liability), 15 (Choice of Law and Jurisdiction) and 16 (General)..

12. Choice of Law and Jurisdiction

12.1. Please note that these Terms of Use are governed by and construed in accordance with English law. You and we both agree to submit to the exclusive jurisdiction of the courts of England and Wales (save that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland).

12.2. The Service is intended for use by persons resident within the United Kingdom. If you are accessing or attempting to access the Service from any other location then: (i) we make no representations that you will be able to access the Service or that it will function correctly; and (ii) you are responsible for ensuring that you act in accordance with any applicable laws in whatever jurisdiction you are resident.

12.3. Use of the Service is not authorised in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this section.

13. General

13.1. We may update these Terms of Use from time to time, including, to reflect changes in law or as a result of changes to the Service or the addition of new features – it is therefore important that you refer to these Terms of Use from time to time to ensure that you are familiar with the relevant terms which govern your use of the Service. You should print off a copy of these Terms of Use for future reference.

13.2. The latest version of our Terms of Use will be accessible through the Website and we will notify you of any material changes through a notice on our Website. You may be required to read and accept our new terms to continue your use of the Service.

13.3. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect (and if any of the sub-sections in section 2 are held to be invalid and are struck out then this shall not impact on any of the remaining subsections).

13.4. We will not be in breach of any of our obligations under these Terms of Use (or otherwise liable for any failure or delay in performance) if we are prevented, hindered or delayed in or from performing any of our obligations by any event beyond our reasonable control. The time for performance of such obligations shall be extended accordingly.

13.5. Subject to any specific terms detailed on the App or Website in relation to particular features or materials, these Terms of Use (together with the Privacy Policy) set out the entire agreement between you and us in respect of your use of the Service.

13.6. No failure or delay by us to exercise any right or remedy provided under these Terms of Use or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

13.6. Any rights not expressly granted by us under these Terms of Use are reserved.

To contact us, please use the contact/feedback form accessible via this link https://degeshconsults.com/HomePage/contact