Terms of Sale

Entry into force: 30 March 2023

INFINIWAVE LIMITED

77, LOWER CAMDEN STREET,

DUBLIN D02 XE80

Ireland

Registration number 737750 and VAT. 4162209VH

These General Conditions of Sale (hereinafter referred to as the “Conditions”) apply without restriction or reservation to the sale of the Services of 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 viewed on the Site and/or are made available to any User.

Any Customer and User acknowledges and accepts that any order placed for the Seller's Services implies unreserved acceptance of the Conditions. They acknowledge having read the Conditions before placing any order. The current version of the Conditions is the only one that can be invoked against Customers and Users of the Site.

For the duration of use of the Site and until a new version replaces it, Infiniwave Limited reserves the right to modify these Terms at any time without notifying Users and Customers in advance, but the applicable Terms are those online at the time the Order is placed.

For any subscription to the Seller’s Products and Services, these Conditions shall prevail over any other document issued by Infiniwave Limited or any other General Conditions of Purchase. The Seller reserves the right to derogate from certain clauses herein or to establish Special Conditions.

These Terms entered into force: 30th March 2023.

In these Terms, the following terms are understood as follows:

“Subscription refers to the Subscription plan taken out by the Customer on the Website and providing them with the associated services;

“Customer designated in accordance with the provisions of the introductory article of the Consumer Rights Act 2022, an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession;

“Customer account refers to the Customer’s personal space where they can (i) view their invoices, (ii) modify their personal information, and (iii) see the results of their tests.;

“GTC” or “Conditions of Use”: refers to these general terms and conditions of sale;

“Order refers to any order placed by a Customer on the Site;

“Services”means the Services sold by the Site;

“Site means the Site https://test4u1.com/ operated by the Seller and made available to the User;

“Price refers to the price applicable to the Subscription communicated to Customers via the Site prior to the validation of the order;

“User refers to any user of the Site.

Under these terms hereof, the Customer, the User and the Seller may be designated 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 with the greatest possible accuracy. However, should any errors or omissions appear in relation to this presentation, the Seller cannot be held responsible. The photographs accompanying the presentation of the Services are not contractual and therefore do not engage the Seller's responsibility.

2.2 Pre-contractual information

The Customer acknowledges having had communication, prior to placing their order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in Schedule 3 of the Consumer Rights Act 2022.

The following information is transmitted to the Customer in a clear and understandable manner:

– The main characteristics of the goods, digital content, digital service or service,

– The clear price of the goods, digital content, digital service or service,

– In the case of a contract containing a subscription, the cost for the billing period.

2.3 Services and Products

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

The Site allows Users to perform personality tests. The test can be done by creating a customer account or in “guest” mode.

After completing the questionnaire, the customer is required to pay for the service to receive the results.

After the payment is completed, the result of the Personality Test is sent via email to the Customer.

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

2.4 Subscription

By placing an order for a Personality Test (article 2.3), the Customer automatically subscribes to a Subscription for the Services of the Site (hereinafter, the “Subscription”) allowing the Customer to carry out as many Personality Tests as they wish. All of their test results are sent via email and available in their Customer Account.

The Subscription is valid for a single Customer. 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 liability and may give rise to the immediate termination of their subscription without
notice and the end of access to the Site as well as the payment of compensation for the benefit of the Seller.

As soon as the account is created – after the order of the first Personality Test – the Subscription is triggered after the first 24-hour trial period. The Customer therefore has a period of 24 hours to prevent the launch of this Subscription and to unsubscribe. After this time, the Subscription will be automatically implemented.

Subscriptions are concluded for a period of one (1) month and are automatically renewable from month to month. Any Customer wishing to unsubscribe can 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, any month started being due.

2.5 Customer Account Creation

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

For the creation of his account, he will be asked to define a login ID and a password. The Customer is solely responsible for the security and confidentiality of his login credentials and must notify INFINIWAVE LIMITED without delay in the event of loss or theft of the Customer’s identifiers resulting in fraudulent use of his personal account.

If the Customer wishes to modify their identifiers or if they suspect fraudulent use of them, they must contact the Seller’s customer service without delay by sending an email to the following address: contact@test4u1.com .

Access codes are for personal use. The Seller cannot be held responsible in the event of loss or theft of the Customer’s identifiers or fraudulent use of their account.

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

3.1 Ordering a Personality Test

See the terms described in Article 2.

3.2 Contact details

The Customer must then provide their surname, first name and the email address at which they wish to receive their Test. The Customer must indicate whether they wish to receive communication from the Seller by ticking the box provided for this purpose.

3.3 Payment of the price

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

3.4 Approval

Before making the 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 Personality Test. This validation implies acceptance of all of the General Terms and Conditions of Sale. Any order by the Customer implies acceptance of the prices and descriptions of the Services purchased. Following payment, the Customer will receive an email summarising their order. Upon receipt of payment, the Sale contract is concluded between the Customer and the Seller.

The Seller reserves the right to suspend any order management and any Service in the event of refusal of payment authorisation by officially accredited payment organisations or in the event of non-payment of the order or of a monthly payment of a Subscription.

5.1 Price

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

5.2 Incidents of payment

The Customer is informed that any delay in payment of all or part of an amount due on its due date will automatically result in the forfeiture of the term of all amounts due by the Customer and their 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 amount excluding unpaid taxes, and equal to at least three times the legal interest rate in force. They are payable automatically and without prior notice.

In addition, for Professional Customers, pursuant to EU Directive 2011/07/EU, in case of delayed or failed payment, the Seller is entitled to compensation for expenses incurred as a result of late payment, plus additional recovery costs of €40.00.

Infiniwave Limited reserves the right to automatically suspend all orders in progress, irrespective of their nature and stage of completion, in the event of late payment by the Customer. Such suspension shall not be considered a termination of the Contract by the Seller, nor shall it give rise to any right of compensation for the Customer.

5.3 Cancellation and amendment of orders

No order, once placed, can be modified or cancelled once it has been paid, apart from the exercise of the right of withdrawal (Article 6) and termination of the Subscription (Article 2.4).

6.1 Provisions applicable to the Personality Test

“In accordance with Chapter 5 Article 111 of the Consumer Rights Act 2022, the right of withdrawal does not apply to: - "
a) A service contract, where the service has been fully supplied and the supply of the service commenced with the consumer’s prior express consent and acknowledgment that they will lose their right to cancel once the service has been fully supplied by the trader
[…]

c) A contract under 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 of the digital service, where –

i. the digital service has been fully supplied, and
ii. the supply of the digital service began with the consumer’s prior express consent and acknowledgement that they will lose the right to cancel once the digital service has been fully supplied.”

By placing an order on the Site for the Personality Test, the Customer is therefore made aware of this provision. He acknowledges having been informed that as soon as the order is paid for, the Customer agrees to the Service being initiated by the Seller, that he will have access to the digital content provided by the Seller (the result of the Personality Test) and therefore, as a consequence, that the Customer waives the exercise of his right of withdrawal.

6.2 Provisions applicable to the Subscription

In accordance with Section 113.2 of the Consumer Rights Act 2022, the Customer has a period of fourteen days to exercise their right of withdrawal from a digital service contract without having to give any reason or incur any costs other than those provided for in Section 112.2.d of the Consumer Rights Act 2022.

However, as soon as the Customer has carried out at least one (1) Personality Test under their Subscription (in addition to the initial Personality Test), they hereby waive their right of withdrawal.

In the event that the right of withdrawal is applicable, the Customer has a period of fourteen (14) days from the receipt of the goods to exercise their right of withdrawal, for any reason whatsoever, in order to obtain a refund for their 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 his right of withdrawal, the Customer must send an email with the form below:

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

To [here the trader’s name, geographical address and e-mail address are to be inserted by the trader]:

I/We [*] hereby give notice that I/we [*] cancel my/our [*] contract for the 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 consumer(s) [only if this form is notified on paper],

Date

7.1 General provisions

The Customer guarantees that the information provided during an order or when subscribing to a service is up to date and sincere. They also guarantee that they are a natural person, of legal age, and reachable. The Customer is solely responsible for the accuracy of the information provided in their personal space. As such, they undertake to update the information if necessary.

The Seller shall not be held liable if untrue, inaccurate or missing data has had a direct or indirect impact on the performance of the Service by the Parties.

In its provision of Services, the Seller cannot be held liable for any interruption in connection with the terms described in Articles 4 to 8 of the General Conditions of Use.

7.2 Disclaimer

The Customer is specifically informed that Personality Tests are not an exact science and cannot be linked to hard science or psychoanalysis.
By placing an order on the Site, the Customer therefore acknowledges that the information communicated to them in their personality test result is given for information only and does not constitute perfectly reliable information on which the Customer can rely entirely for making any decisions.

Furthermore, the Customer assumes full and complete responsibility for any decision made solely on the information contained within the Personality Tests. As the information provided by the Seller cannot constitute psychoanalytical advice, it is the responsibility of the Seller to complete and/or verify the information contained within their test with professionals.

The Seller's responsibility could in no way be sought for any consequence of a decision taken by a Customer based exclusively on their Personality Test.

The Seller’s obligations concerning the protection of the Customer’s personal data are detailed in the “Protection of Personal Data” tab on the Site.

The Seller cannot be held responsible for any delay or failure in the performance of its Services if this delay or failure is due to the occurrence of an event beyond its control or a case of force majeure, which could not reasonably have been foreseen when the order was placed and the effects of which cannot be avoided by appropriate measures.

In the event of such a force majeure event occurring, the execution of the General Terms of Sale will be suspended until the force majeure event disappears, is extinguished or ceases.

However, if the force majeure event continues for more than thirty (30) days, the Parties must convene to discuss a potential amendment to the order.

The deadlines provided for by these GCS will be automatically postponed according to the duration of the case of force majeure.

10.1 Dispute resolution

These General Terms and Conditions and the operations arising therefrom are governed by Irish law.

The Parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or execution of these presents. As such, the party wishing to initiate the amicable conciliation procedure must notify the other party, by registered letter with acknowledgment of receipt requested, of its intention to initiate said procedure, specifying the difficulties of application encountered or the shortcomings noted.

This amicable settlement procedure is a mandatory prerequisite for the introduction of legal action 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 following the first notification, each of them will recover their full freedom of action.

Failing to reach an amicable resolution despite the diligence undertaken, any dispute relating to the execution, interpretation, validity and resolution of the Conditions will be submitted to the competent courts within the jurisdiction of the Court of Appeal of the Seller’s head office.

10.2 Mediation

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

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

Severability: If one or more articles of these GCS are held to be invalid or declared void pursuant to a law or regulation or following a court decision authorising res judicata, this does not call into question the other clauses of the GCS.

Non-waiver the fact that a Party has not availed itself of a breach by the other Party of one of the obligations referred to in these GCS will 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 GCS and any legislative text, law, ordinance, regulation, court order or collective agreement, present or future, the latter shall prevail, provided that the stipulation hereof thus affected is limited only to the extent necessary so that no other stipulations are affected.

Language of the GCS: These General Conditions of Sale and the operations arising therefrom shall be governed by Irish law. They are written in English, and in the event that they are translated into one or more languages, only the English text shall prevail in the event of a dispute.