Sales terms
Preamble
Entry into force: 30 March 2023
INFINIWAVE LIMITED
77, LOWER CAMDEN STREET,
DUBLIN D02 XE80
Ireland
Registration number 737750 and VAT number 4162209VH
The presents Conditions General of Sale (The–after named “Conditions” apply without restriction or reservation to the sale of Services from the site https://TEST4U1.com/ (hereinafter the “Site”) and define the rights and obligations of Infiniwave Limited (hereinafter the “Seller” or “Infiniwave Limited”) and the Customer (hereinafter the “Customer”). The Conditions can be consulted on the Site and/or made available to any User.
All Client and User acknowledges and accepts that any order placed for the Services you Seller implies unreserved acceptance of Conditions. The acknowledges having taken note of Conditions before placing any order. La current version of Conditions is the only one enforceable against Clients and Users you Site.
Pendant The usage duration of the Site and until a new version replaces them, Infiniwave Limited reserves the right to modify these Conditions at any time without prior notice to Users and Clients, but the Conditions applicable are those online at the time of the placement of the Order.
For all subscriptions to Products and Services you Seller, the Conditions prevail over any other document issued by Infiniwave Limited or on any others Conditions General of’Purchase. The Seller reserves the right to waive certain clauses herein or to establish Conditions Specials.
These Conditions came into effect on 30 Mars 2023.
Article 1 – Definitions
To terms hereof Conditions, the following terms are understood as Suit :
“Subscription” : refers to the subscription formula taken out by the Client on the Site and offering the associated services; ;
“Client”: designated in accordance with the provisions of the introductory article of the Consumer Rights Act 2022, a natural person acting for purposes which are wholly or mainly outside of their trade, business, craft or profession; ;
“Account client refers to the personal space of the Client on which they can (i) consult their invoices, (ii) modify their personal information, (iii) consult their test results; ;
“GENERAL TERMS AND CONDITIONS” or “Conditions” : refers to these general terms and conditions of sale; ;
“Order” : refers to any order placed by a Client on the Site ;
“Services”refers to services sold by the Site ;
“Site”Signifies the site https://TEST4U.com/ operated by the Seller and made available to the User; ;
“Price”refers to the applicable price for the’Subscription communication to Clients via le Site before the order is confirmed ;
“User”: refers to any user of the Site.
To terms hereof, the Client, the’User and the Seller may be individually referred to as the “Part” and collectively as the “Parties”.
ARTICLE 2 – PRESENTATION DES SERVICING
2.1 Dispositions Preliminaries
The services that the Client can order those presented and detailed on the Site. The Services are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in this presentation, liability of Seller cannot be held liable. The photographs accompanying the presentation of Services are not contractual and therefore cannot engage the liability of the Seller.
2.2 Information pre-contractual
The Client acknowledges having received communication, prior to placing its order and concluding the contract, in a legible and understandable manner, of these general terms and conditions of sale and all the information appearing in the annex 3 of the Consumer Rights Act 2022.
The The following information is transmitted to Client clearly and Understandable :
– The principal characteristics of goods, digital content, digital service or service,
– The clear price of goods, digital content, digital service Or
of the service,
– En In the case of a contract involving a subscription, the cost per billing period.
2.3 Services and Products
The Client can acquire multiple Products via le Site, whose list and characteristics are presented on the Site when the Client I consulted him.
The Site allows to Users to take personality tests. The testing can be performed by creating a customer account or in “guest” mode.
After having filled in the questionnaire, the Client is required to pay for the service to receive the results.
One Once payment has been made, the personality test result will be sent via email to the Client.
The Client must be particularly vigilant when completing the personality questionnaire. None No new report or modification to a report will be permitted in the event of truncated, erroneous, or missing answers.
2.4 Subscription
En placing an order for a test personality (article 2.3When Client automatically subscribed to a membership for Services you Site (hereinafter‘Subscription”), which allows him to carry out as many personality tests as he wishes. All His test results are sent to him by email–mail and are available in his Account Client.
The’Subscription is valid for one Client. The is forbidden to all Clients to communicate their access codes or account to a third party. Everything infraction by a Client Having this arrangement in place will lead to their seeking accountability and may result in the immediate termination of their subscription without notice, as well as the payment of damages for the benefit of Seller.
From creating an account - after ordering the first personality test - the’Subscription is triggered after the first trial period of 24 hours. The Client therefore has a period of 24 hours to prevent the launch of this Subscription and unsubscribe. Past this period, the’Subscription will automatically be set up.
The subscriptions are concluded for a period of one (1) months and are automatically renewable from month to month. All Client wishing to unsubscribe can do so at any time by clicking on the “Unsubscribe" tab.“Visit unsubscribe” to cancel your subscription. The subscription will expire at the end of the month, and any month started will be payable.
2.5 Creation you Account Client
End to place an order for Services you Site, the’User un peut créer Account Client or place an order in “guest” mode. However, once the Client ordered the results of their personality test, a Account Client is automatically created for him on the Site.
For When creating their account, they will be asked to set up a login ID and a password. The Client is solely responsible for the security and confidentiality of its login credentials and must notify INFINIWAVE LIMITED without delay in case of loss or theft of the credentials of the Client leading to fraudulent use of their personal account.
Yes the Client wishes to change their credentials or if they suspect fraudulent use of them–Yes, they must contact customer service at Seller without delay by sending an e–email to next Contact@TEST4U1.com
The Access codes are intended for personal use. La responsibility for Seller cannot be initiated in case of loss or theft of the credentials of the Client or fraudulent use of his account.
ARTICLE 3 – PASSING DE ORDER
For place an order on the Site, the’User It follows the steps following :
3.1 Order of a personality test
See the terms described in the article 2.
3.2 Contact details of Contact
The Client then state your surname, forename and email address–email to which he wishes to receive his test. The Client It should indicate if they wish to receive communications from Seller by ticking the case intended for this purpose.
3.3 Payment of the price
The Seller can apply discounts and promotions to the Services and the Products. The Price final shown is that after deduction of any discounts and promotions. The Discounts and promotions cannot be combined with each other and are only applicable once per Client.
3.4 Approbation
Before to proceed with the payment, the Client to accept the Conditions General of Sale applicable by ticking the case provided for this purpose, as well as the waiver of the right of withdrawal concerning the personality test. This validation involves the acceptance of all Conditions General of Sale. Everything order of Client implies acceptance of the prices and descriptions of Services bought. Suite at payment, the Client will receive an e–Email summarising their order. D
Upon receipt of payment, the sales contract is concluded between the Client and the Seller.
ARTICLE 4 – CONTROL DES Orders
The Seller reserves the right to suspend the management of any order and of any Service in the event of refusal of authorisation of payment by officially accredited payment institutions or in the event of non–payment of the order or a monthly payment of a Subscription.
ARTICLE 5 – DISPOSITIONS RELATIVES Auxiliary PAYMENTS
5.1 Price
The Seller reserves the right to change its prices at any time, but undertakes to apply the prices in effect indicated at the time of the order, subject to availability on that date.
5.2 Incidents payment
The Client is informed that any delay in payment of all or part of a sum due upon its due date will automatically result in the acceleration of all sums owed by the Client and its immediate payment.
The plus, any delay in 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 tax and equal to at least three times the legal interest rate in force. They are automatically due and payable without notice.
The plus, for the Clients professionals, in accordance with the European directive 2011/07/EU, in case of delay or non-–Payment, the Seller is entitled to compensation for costs incurred due to late payment, as well as additional recovery costs of 40,00 €.
Infiniwave Limited can automatically suspend all ongoing orders, regardless of their nature and stage of progress, in the event of late payment by the Client. This suspension cannot be considered a termination of the Contract by the Seller, not giving rise to compensation for the Client.
5.3 Cancellation and modification of orders
No orders, once placed, cannot be modified or cancelled once they have been paid for, except for the exercise of the right of withdrawalArticle 6and the termination of the’Subscription (Article 2.4).
ARTICLE 6 – Law DE Withdrawal
6.1 Dispositions applicable to the personality test
In accordance with at chapter 5 of the article 111 of the Consumer Rights Act 2022, the right of withdrawal does not apply to: ” –
a) One service contract, where the service has been fully performed and the provision of the service began with the prior express consent of the consumer and the acknowledgement that they will lose their right of withdrawal as soon as the service has been fully performed by the trader
[…]
c) One contract by which the trader supplies or undertakes to supply a digital service to the consumer and under which the consumer pays or undertakes to pay the price for the digital service, where –
i. the digital service has been fully provided, and
ii. the supply of the digital service began with the express prior consent of the consumer and the acknowledgement that they will lose their right of withdrawal as soon as the digital service has been fully supplied.”
En placing an order on the Site For a personality test, the Client is thus informed of this provision. The acknowledges being informed that once the order has been paid for, the Client consent to the Service So initiated by the Seller, so that they have access to the digital content provided by the Seller (the result of the personality test) and, therefore, that the Client waives the exercise of their right of withdrawal.
6.2 Dispositions applicable to the subscription
In accordance with at the article 113.2 of the Consumer Rights Act 2022, the Client has a period of fourteen days to exercise its right of withdrawal from a digital service contract without having to justify its decision or bear any costs other than those provided for in the article 112.2.of the Consumer Rights Act 2022.
However, as soon as the Client Completed at least one (1) personality test as part of their Subscription (In addition to the initial personality test), they thus waive their right of withdrawal.
Yes the right of withdrawal applies, the Client has a period of fourteen (14days from receipt of their withdrawal request, for any reason whatsoever, in order to obtain a refund of their order. The Client will be reimbursed for sums paid by bank transfer to their bank card within fourteen (14days from receipt of its request to exercise the right of withdrawal.
For exercise their right of withdrawal, the Client Send an email–email with the form attached–below
[Complete and return this form only if you wish to cancel the contract.
To [merchant name, geographical address and e-mail address]–[details to be inserted by the merchant]:
IWe notify younotifications*Hereby declare that IWe [*] are cancelling my/our*Sale and purchase agreement for the following goods*]/from the provision of the following service [*],
Ordered the*]/received the [*],
Name of/from consumer(s),
Address of/from consumer(s),
Signature of/from consumer(s) [only if this form is notified on paper],
Date
ARTICLE 7 – OBLIGATIONS ET Responsibilities
7.1 Dispositions General
The Client guarantees that the information provided during an order or subscription
to a Subscription are accurate and complete. The Client commits to informing the Seller of any modification of the information provided.
The Client is responsible for the use of their personal account by them–even or by any other person, except in case of manifest fraud.
All Abusive or fraudulent behaviour will lead to the removal of Account Client and the termination of the’Subscription, without prejudice to any other right of Seller and/or third parties.
The Seller cannot be held responsible for the consequences of using the Site by the Users and of Clients who do not comply with these Conditions.
The Client commits to using the Site in accordance with Conditions and to current regulations, and not to infringe the rights of third parties or public order public. The Seller reserves the right to refuse to provide Services ou de supprimer une Account Client if the Client breaches these obligations.
En cases of dispute between a Client and one third, each party agrees to indemnify and hold harmless Seller of any action, claim or legal proceeding arising out of this dispute.
7.2 Dispositions regarding the subscription
The Client undertakes not to use the’Subscription for fraudulent activities. Everything use of the’Subscription for fraudulent purposes will be prosecuted.
The Client undertakes not to communicate its access codes to a third party. Everything a breach of this provision may result in the termination of the’Subscription.
The Client undertakes not to use the’Subscription to store or disseminate illegal or inappropriate information. The Seller reserves the right to terminate the’Subscription immediately if a Client use the’Subscription inappropriately.
7.3 Dispositions relating to Site
The Client recognises and accepts that the Site, the Services and the Products are provided “as is”. The Seller does not guarantee that the Site, the Services or the Products do not meet its needs or that they will be uninterrupted, secure, or error-free. The Client use the Site at his/her own risk.
7.4 Dispositions relating to the test results personality
The personality test results offered on Site are provided for information purposes. They are not intended to replace the advice of a healthcare professional or psychologist. The Seller cannot be held responsible for the use made of these results. The Client is encouraged to consult a healthcare professional or psychologist if needed.
7.5 Limitation of Responsibility
La responsibility for Seller cannot be engaged in the event of non-performance or poor performance of the contract due, either to the act of Client, either due to an insurmountable and unforeseeable event caused by a third party to the contract, or due to a force majeure event.
The Seller cannot be held responsible for any delay or failure–execution following the unavailability of part of the Site, to energy supply interruptions, fires, strikes, network access malfunctions Internet, to computer viruses, to wars, to riots, to failures, to breakdowns, and to interruptions of telephone service or to any other cause not attributable to Seller.
7.6 Power major
En force majeure event Part prevented informs the other Part in writing within fifteen (15) days from the occurrence of this event, by notifying him at the same time of its end. The Parties agree to agree on the terms for the continuation of the contract's performance.
If it is a case of force majeure, the Parties agree to extend the delivery period by a period equal to the suspension of performance.
ARTICLE 8 – DURATION You CONTRACT
The terms and conditions Conditions apply for the entire duration of the’Subscription, without prejudice to any other agreement concluded between the Parties.
The Client can cancel one's Subscription at any time in accordance with article 2.4 of the present Conditions.
The Seller can cancel a Subscription in case of non–payment or abusive behaviour Client in accordance with article 7.1.
ARTICLE 9 – TERMINATION
La cancellation of a Subscription by the Seller is carried out on the initiative of Seller, by simple notification to Client pear–Mail.
La cancellation of a Subscription by the Client is carried out by simple notification to Seller pear–Mail.
En grounds for termination of a Subscription, the Services are immediately interrupted. The Seller does not have to repay the Client the amounts paid for the Services unused.
ARTICLE 10 – AMENDMENT DES CONDITIONS
The Seller reserves the right to modify these at any time Conditions General of Sale. The Conditions applicable are those in force on the date the order is placed.
The modifications are binding on Client from their release online on the Site. The belongs to Client to read regularly the Conditions General of Sale to view the changes. En Cases of disagreement with the news Conditions General of Sale, the Client stop using the Site and cancel their Subscription in accordance with article 2.4.
ARTICLE 11 – Letter of Intent APPLICABLE ET JURISDICTION
The presents Conditions are subject to Irish law. Everything any contestation concerning their validity, interpretation or performance shall fall within the jurisdiction of the Irish courts.
ARTICLE 12 – CONTACT DETAILS You SELLER
The Seller is Infiniwave Limited, a company registered in Ireland under the number 737750. Son the address is next : 77, Lower Camden Street, Dublin D02 XE80, Ireland. The Seller is registered under the number VAT IE4162209VH.
The Clients can contact the Seller at the address–Post next Contact@TEST4U1.com
