Terms and Conditions of Sale
Introduction
Most recent update: 30 March 2023
JMM PUBLISHING LIMITED
167-169 Great Portland Street, London, W1W 5PF
Company number 12642117 and VAT. GB 364 3536 90
These General Terms and Conditions of Sale, hereinafter referred to as the "Terms", govern, without exception or reservation, the sale of Services offered on the website https://myiq1.com/ (hereinafter referred to as the "Site") and establish the obligations and rights of JMM PUBLISHING LTD (hereinafter referred to as the "Seller" or "JMM PUBLISHING LTD") and those of the Customer (hereinafter referred to as the "Customer"). It is possible to access the Conditions on the Site and/or they can be provided to any User on request.
Each Customer and User acknowledges and agrees that placing an order for the Services offered by the Vendor implies total and unconditional acceptance of the Conditions. They confirm that they have consulted the Conditions before placing an order. The current version of the Conditions is the only version that may be applied to Customers and Users of the Site:
Throughout the use of the site and until replaced by a new version, JMM PUBLISHING LTD reserves the right to change these Terms and Conditions at any time without prior notice to Users and Clients. However, the Terms and Conditions that apply are those available online at the time the order is placed.
When subscribing to the Products and Services offered by the Seller, these Conditions take precedence over any document produced by JMM PUBLISHING LTD or over any other General Conditions of Purchase. The Seller has the right to modify certain provisions mentioned here or to introduce Special Conditions.
These Terms and Conditions came into effect on 30 March 2023.
Article 1 - Definitions
"Subscription means the subscription package taken out by the Customer on the Site and providing the associated services;
"Customer In accordance with the provisions of the introductory section of the Consumer Rights Act 2022, a person acting wholly or mainly for purposes unrelated to his trade, business, craft or profession;
"Customer Area refers to the Customer's personal space where they can (i) consult their invoices, (ii) modify their personal details, (iii) consult their test results;
"General Terms and Conditions of Sale or "Terms means these general terms and conditions of sale;
"Order means any order placed by a Customer on the Site;
"Services shall designate the services sold by the Site;
"Website refers to the Site https://myiq1.com/ operated by the Seller and made available to the User ;
"Tariff refers to the price applicable to the Subscription communicated to Customers via the Site before the order is validated;
"User means any user of the Site.
Under these terms, the Customer, the User and the Seller may be referred to individually as the "Party" and collectively as the "Parties".
ARTICLE 2 - DESCRIPTION OF SERVICES
The services that may be ordered by the Customer are those presented and detailed on the Site. The Services are described and presented as accurately as possible. However, the Vendor cannot be held liable for any errors or omissions in this presentation. The photographs accompanying the presentation of the Services are not contractual and therefore do not engage the responsibility of the Seller.
2.2 Pre-contractual Information
Prior to placing an order and entering into a contract, the Customer acknowledges having received, in a legible and comprehensible manner, these general terms and conditions of sale and all the information listed in Annex 3 of the Consumer Rights Act 2022.
The following information is provided to the Customer in a clear and comprehensible manner:
- The essential characteristics of products, digital content, digital services or services,
- The precise price of products, digital content, digital services or services,
- For a contract including a subscription, the price to be paid for the billing period.
2.3 Services and products offered
The Customer may acquire several Products via the Site, the list and characteristics of which are presented on the Site when the Customer consults it.
The Site enables Users to take personality tests. The test can be taken by creating a customer account or in "guest" mode.
After completing the questionnaire, the Customer is required to pay for the service in order to receive the results.
After payment, the result of the Personality Test is sent by e-mail to the Customer.
The Customer must be particularly careful when completing the personality questionnaire. No new report or modification of a report will be authorised in the event of truncated, erroneous or missing answers.
2.4 Subscription
By placing an order for a Personality Test (article 2.3), the Customer automatically takes out a subscription for the Site's Services (hereinafter, the "Subscription") enabling him/her to carry out as many Personality Tests as he/she wishes. All the results of their tests are sent by e-mail and are available in their Customer Account.
The Subscription is valid for one Customer only. 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 the Customer being held liable and may give rise to the immediate termination of the Customer's Subscription without notice and the end of access to the Site, as well as the payment of compensation to the Vendor.
As soon as the account is created - after the first Personality Test has been ordered - the Subscription is launched after the first 24-hour trial period. The Customer therefore has a period of 24 hours to prevent this Subscription from being launched and to unsubscribe. After this period, the Subscription will be automatically set up.
Subscriptions are taken out for a period of one (1) month and are automatically renewable from month to month. Any Customer wishing to unsubscribe may 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, with any month started being due.
2.5 Creating a Customer Account
In order to place an order for the Site's Services, the User may 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 and a password. The Customer is solely responsible for the security and confidentiality of his login and must notify JMM PUBLISHING LTD without delay in case of loss or theft of the Customer's login leading to fraudulent use of his personal account.
If the Customer wishes to change his/her identifiers or if he/she suspects fraudulent use, he/she must contact the Vendor's customer service without delay by sending an e-mail to the following address contact.myiq1@gmail.com.
Access codes are for personal use only. The Vendor may not be held liable in the event of loss or theft of the Customer's identifiers or fraudulent use of the Customer's account.
ARTICLE 3 - ORDERING PROCESS
To make a purchase on the Site, the User must proceed as follows:
3.1 Passing an Intelligence Test
See the conditions set out in article 2.
3.2 Contact information
After that, the Customer must provide their surname, first name and the e-mail address where they wish to obtain their Test. They must also specify whether they are interested in receiving communications from the Seller by selecting the corresponding option.
3.3 Payment of the amount
The Seller is authorised to offer discounts and promotional offers on the Services and Products. The final price shown corresponds to the amount after all discounts and promotional offers have been applied. Please note that discounts and promotional offers are not cumulative and are limited to one use per Customer.
3.4 Verification
Before making payment, the Customer must agree to the General Terms and Conditions of Sale by ticking the corresponding box, and also accept the waiver of the right to withdraw from the IQ Test. Validating this means accepting all the General Terms and Conditions of Sale without exception. Placing an order also means that the Customer accepts the prices and the description of the Services acquired. Once payment has been made, a sales contract is established between the Customer and the Seller.
ARTICLE 4 - VERIFICATION OF ORDERS
In cases where payment authorization is denied by officially recognized payment bodies, or if there's a failure to pay for an order or a subscription installment, the Seller retains the authority to halt order processing and any related Services.
ARTICLE 5 - PROVISIONS CONCERNING PAYMENTS
5.1 Prices
The Seller may change its prices at any time, but guarantees to apply the prices in force when the order is placed, provided that the products are available at that time.
5.2 Payment problems
The Customer is hereby notified that in the event of late payment of all or part of a sum due by the due date, all sums due by the Customer shall become immediately payable.
In addition, if payment of invoices is not made on time, from the day following the due date, late payment charges will be imposed. These charges, based on the total amount before tax and at least equivalent to three times the current legal interest rate, will be payable immediately and without the need for prior notice.
In addition, for Professional Customers, in accordance with European Directive 2011/7/EU, if there is a delay or absence of payment, the Seller is entitled to receive compensation for the expenses caused by this delay, as well as an additional indemnity for collection costs amounting to €40.00.
JMM PUBLISHING LTD reserves the right to immediately suspend all orders in progress, regardless of their type or state of progress, if the Client is found to be in arrears with payment. This suspension will not be interpreted as a cancellation of the Contract by the Seller, nor will it justify any compensation for the Customer.
5.3 Cancelling and changing orders
Once an order has been paid for, it cannot be changed or cancelled, unless the right of withdrawal is invoked (Article 6) or the Subscription is cancelled (Article 2.4).
ARTICLE 6 - RIGHT OF RETURN
6.1 Rules relating to the IQ Test
In accordance with Article 111 of Chapter 5 of the Consumer Rights Act 2022, the right of withdrawal does not apply to :
a) an agreement for the provision of services, where the service has been fully performed and the provision of the service has begun with the consumer's prior agreement and acknowledgement that he will waive his right of withdrawal once the service has been fully performed by the supplier [...].
c) An agreement in which the seller offers or promises to provide a digital service to the buyer, and for which the buyer pays or agrees to pay the cost of the digital service, where - the buyer pays or agrees to pay the cost of the digital service.
i. the digital service has been delivered in its entirety, and ii. the commencement of the supply of the digital service has taken place with the consumer's prior agreement and acknowledgement that the right of withdrawal would be lost once the digital service had been fully supplied.
By purchasing the IQ Test on the Site, the Customer is informed of this clause. They acknowledge that they have received information to the effect that, once the order has been paid for, they consent to the Seller commencing the service, giving them access to the digital content provided (the result of the IQ Test) and, consequently, the Customer waives their right of withdrawal.
6.2 Subscription conditions
Pursuant to Article 113.2, the Customer has the right to withdraw from a digital service contract within a period of fourteen days without having to explain his choice or incur additional costs, with the exception of those mentioned in Article 112.2.d.
However, once the Customer has completed at least one (1) additional IQ Test compared to the initial IQ Test as part of their Subscription, they waive their right of withdrawal.
When the right of withdrawal is exercised, the Customer has fourteen (14) days from the date on which this right is received to cancel the order for any reason and receive a full refund. The amounts paid will be reimbursed by crediting the Customer's bank card within fourteen (14) days of the withdrawal request being received.
In order to exercise his right of withdrawal, the Customer must send an e-mail containing the following form:
[Please complete and return this form only if you wish to cancel the contract].
For the attention of [the trader's name, physical address and e-mail address must be added by the trader] :
I/We hereby [We would like to express our [...] decision to withdraw from the purchase contract concerning the following items [relating to the following service [*],
Purchased on []/arrived on [],
Name(s) of consumer(s),
Address of consumer(s),
Signatures of consumer(s) [to be completed only in the case of paper notification],
Calendar Day
ARTICLE 7 - DUTIES AND RESPONSIBILITIES
7.1 General principles
The Customer warrants that all information provided when making a purchase or subscribing to a service is current and true. They also certify that they are an individual of legal age and capacity and that they are acting in their own name. The Customer is solely responsible for the accuracy of the data entered in his/her personal space. In fact, they undertake to update their information as soon as the need arises.
The Seller cannot be held responsible for data which is incorrect, inaccurate or missing and which has a direct or indirect impact on the performance of the Service by the Parties.
When providing its Services, the Seller is not liable for any interruptions arising from the provisions mentioned in articles 4 to 8 of the General Terms and Conditions of Use.
7.2 Disclaimer
The Customer is clearly informed that Personality Tests are not considered to be a precise science and should not be compared to exact sciences or psychoanalysis. By placing an order on the Site, the Customer thus accepts that the data provided in his or her personality test result is for information purposes only and should not be seen as totally reliable as a basis for making important decisions.
Furthermore, the Customer bears full responsibility for any decisions made based solely on the data obtained from the Personality Tests. As the information provided by the Vendor should not be considered as psychoanalytical consultations, it is the Customer's responsibility to complete and/or confirm the information obtained via their test with professionals.
Under no circumstances shall the Vendor be held liable for the consequences of a decision taken by a Customer solely on the basis of his IQ Test.
ARTICLE 8 - PERSONAL DATA
The Vendor's responsibilities with regard to the security of the Customer's personal data are set out in detail in the section entitled "Security". Protection of Personal Data "of the Site.
ARTICLE 9 - ACTS OF GOD
The Vendor cannot be held responsible for delays or non-execution of its Services if these incidents are the result of an event beyond its control or are a case of force majeure, unforeseeable at the time of the order and whose consequences cannot be avoided despite the implementation of appropriate measures.
If a case of force majeure occurs, the application of the General Terms and Conditions of Sale will be put on hold until this situation of force majeure ends, disappears or is resolved.
However, if the situation of force majeure lasts for more than thirty (30) days, the Parties shall meet to consider a possible modification of the order.
The periods specified in these General Terms and Conditions of Sale will be automatically extended according to the duration of the force majeure event.
ARTICLE 10 - APPLICABLE LAW AND DISPUTE RESOLUTION
10.1 Dispute resolution
English law governs these Terms and Conditions and all transactions resulting from them.
The Parties agree to attempt to resolve amicably any disagreement arising from the interpretation or implementation of this agreement. In this context, the party wishing to initiate the amicable resolution process must inform the other party of its intention to start this procedure by registered letter with acknowledgement of receipt, detailing the performance problems encountered or the defects observed.
This process of amicable resolution is a necessary preliminary requirement before legal proceedings can be taken between the parties. Any legal proceedings initiated without respecting this stipulation will be considered inadmissible.
If an amicable agreement is not reached within thirty (30) days of the initial notification, each party will regain full freedom of action.
If, despite our best efforts, an amicable resolution is not reached, any dispute concerning the performance, interpretation, validity and termination of the Conditions will be brought before the competent courts within the jurisdiction of the Court of Appeal where the Seller's registered office is located.
10.2 Dispute resolution
The European Commission has created an online platform for dispute resolution, offering an independent, out-of-court solution to online disputes between consumers and businesses in the European Union. This platform is available at the following URL: https://webgate.ec.europa.eu/odr/ .
This service is offered free of charge. Customers may be accompanied, at their own expense, by an advisor of their choice.
ARTICLE 11 - MISCELLANEOUS PROVISIONS
Divisibility : If one or more provisions of these General Terms and Conditions of Sale are recognised as invalid, cancelled or rendered inapplicable by a law, regulation or final court decision, the other provisions of the General Terms and Conditions of Sale remain in force.
Non-waiver clause : If a Party fails to take action in respect of the breach by the other Party of any of the undertakings set out in these General Terms and Conditions of Sale, this shall not be deemed to be a waiver of its right to require compliance with such undertaking in the future.
Partial disability : If a conflict arises between a term of the General Terms and Conditions of Sale and any form of legislation, law, decree, regulation, judgment or collective agreement, whether current or future, the latter shall take precedence. This is provided that the term of the present Terms and Conditions affected is restricted strictly to what is necessary, ensuring that the other terms remain intact.
These Terms and Conditions and the transactions arising from them are governed by the laws of the United Kingdom. They are written in English and, in the event that they are translated into one or more other languages, only the English text will prevail in the event of a dispute.
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