Mettletest Editoral Team 16 January 2015
Mettletest Editoral Team 15 April 2016
Mettletest Editoral Team 12 January 2016
Mettletest Editoral Team 29 October 2015
Terms and Conditions for Mettletest Ltd
(see below for company details)
Date: November 2014
Introduction, Definitions and Acceptance
1. Mettletest Ltd is a UK registered company with the registered office at Manor Farm, Blackthorn, Bicester, OX25 1TF. Mettletest.com (the “Website”) is hosted in the UK and is provided by Mettletest Ltd. Mettletest is a trademark of Mettletest Ltd. Mettletest.com and Mettletest Ltd shall be collectively referred to as “MT”. MT may also be referred to as “we”, “us”, “it” and “our” throughout this terms and conditions document (“Terms”).
2. The term “User” encapsulates anyone accessing MT in the capacity of subscriber or non-subscriber.
3. By accessing the Website or any of the products or services offered by MT, you are agreeing to be bound by the Terms set forth in their entirety, and to abide by both them and any applicable laws. Any user who does not agree with the Terms or who does not wish to be bound by them should immediately cease using MT and leave the Website. Subscribers may unsubscribe from MT with due notice.
4. MT retains the right to amend, modify, remove from or add to the Terms without prior notification. The latest version of the terms shall be deemed effective once posted by MT on the Website. By continuing to use MT you will be deemed to have accepted the latest Terms. Any user who does not agree with the latest version of the Terms or does not wish to be bound by them should immediately cease using MT and leave the Website. Subscribers may unsubscribe with due notice.
5. The Terms shall be governed under the laws of England and Wales.
Content and Activity
6. Users are solely responsible for the content they post on MT or content used in interaction with other users. Content should be a User’s own work.
7. MT strongly advises all Users to act professionally while using MT and to carefully consider any content they intend to post or interaction with other Users. Employers may have access to all written content provided by Users on MT and will be using it to judge the suitability of candidates.
8. MT does not endorse nor have any control, online or offline, over User content or conduct. MT does not review nor moderate User content before publication on the Website. MT therefore makes no warranties, express or otherwise as to the content or the accuracy or reliability of any content posted on the Website or transmitted to Users including current or prospective employers, and does not accept any liability for it.
9. MT assumes no responsibility for any content, conduct or activity other than that of MT itself. Furthermore MT assumes no obligation to modify nor remove any content deemed inaccurate, incorrect or inappropriate.
Prohibited Activity and Content
10. MT is designed to be used by career seeking candidates, prospective employers and recruiters and should only be used for the purposes it was created for as laid out in the Website. Any alternative use of the system shall be deemed to be prohibited activity and will be dealt with accordingly at MT’s discretion.
11. Prohibited activity and content includes but is not limited to anything which:
a. could be deemed offensive by MT or any other User
b. could be classified as harassment or bullying of another person or organisation, whether they are an MT subscriber or not
c. contains adult or sexually explicit material or a link thereto
d. provides or solicits any contact information or identifying details of any private individual or public figure, including but not limited to name, electronic or physical address, telephone number or social media identifier
e. promotes racism, racial hatred, terrorism, violence or any physical or non-physical harm of any person or organisation
f. displays commercial advertisments or links to external websites for commercial purposes without prior written consent from MT
g. promotes or transmits information which is known or can reasonably be believed to be false or misleading
h. is a direct copy of another User’s work or infringes any copyright
i. transmits viruses or other harmful files or materials to other Users
j. involves any automated use of MT
k. interferes with, interrupts, creates undue burden on or damages the Website or the network or services connected to the Website
l. involves the impersonation or attempted impersonation of another person or organisation, whether they are a subscriber or not
m. involves the use of another User’s account, username or password at anytime or faclitating or permitting access to your or another User’s account by any 3rd party
n. obtains or attempts to obtain, through whatever means, unauthorised access to the Website, associated MT services, computer systems or areas of networks which are identified as restricted
o. is defined as an illegal activity by the laws of England and Wales
12. MT will decide in its sole discretion as to whether any content or activity violates these guidelines or is deemed by MT to be unsuitable or unacceptable. MT reserves the right to investigate Users suspected of violations and take any action (if required) it deems fit. Actions may include, but are not limited to removing offending communications or materials, terminating User access to the Website and MT services, reporting violations to law enforcement authorities, regulatory bodies or any other supervisory body.
13. The referral scheme is only provided to Subscribers who provide a valid PayPal account reference in their account details (“Referrer”).
14. By providing their PayPal account details, the User expressly signs up to take part in the scheme and accepts the associated Terms.
15. The scheme is not obligatory and any User not wishing to participate can exclude themselves by not providing their PayPal account details and not passing their unique referral URL on to others.
16. Successful referrals will be rewarded with a cash payment direct to PayPal once a threshold amount has been reached. Payment cannot be made by any other method and cash credit cannot be offset directly against subscription payment obligations or exchanged for any other benefit.
17. Credit is earned for each successful referral whilst the referrer continues to be a paying subscriber of MT
18. A successful referral is classified as a referral of a new, paying subscriber who remains so for a minimum of 3 consecutive calendar months from the date of initial subscription. Any referred subscriber who leaves MT before the 3 month minimum time period will no longer be a qualifying referral and the associated credit(s) will be removed from the referrer’s account.
19. Credits to referrer’s accounts are turned into cash balances once the referred subscriber has passed the 3 month subscription minimum. Cash payment will be made once the referrer’s cash balance in their account has reached a £20 minimum value unless advised otherwise from time to time.
20. Any User who doesn’t reach the £20 minimum value over the life of their subscription shall be credited with their cash balance once their subscription has ended.
21. Cash payments are made through PayPal at the end of the calendar month.
22. Credits will cease to accrue if either the referrer or the referred subscriber’s subscription is terminated by MT or the User themselves.
23. Referral credit can only be generated by signing up new subscribers to MT. The activation of old accounts will not be eligible for this scheme.
24. MT reserves the right to amend or modify the terms of the referral scheme either temporarily or permanently as it sees fit without any prior notice. Any such changes shall be deemed effective from the point of publication on the Website and shall be deemed accepted by a User’s continued use of the system.
25. MT reserves the right to withdraw the referral scheme at any time without prior notice.
26. MT accepts no responsibility or liability for delay or failure in making payment due to banking, PayPal or internet service disruptions of any kind or due to incorrect or incomplete information provided by the User. Users are solely responsible for maintaining accurate payment information for themselves through their MT dashboard.
27. MT is a monthly subscription service. Users are granted subscriber access upon receipt of valid card payment instructions to cover fees for the subscription period and full payment for the first month. Fees will automatically be deducted from the payment account each calendar month. Subscriber access allows Users to answer the questions set by MT and its associates, build a portfolio, access the forum pages and other subscriber only facilities as defined from time to time.
28. MT reserves the right to suspend or terminate the account of any User who is unable to meet their payment obligations through the payment instructions they have provided.
29. MT accepts no responsibility or liability for delay or failure to make payments due to banking or internet service disruptions.
30. Payment can be made by a nominated 3rd party with their express consent. MT accepts no responsibility for managing the relationship between the 3rd party and the User nor any misrepresentation or breakdown between the parties
31. It is the User’s sole responsibility to ensure that Worldpay is informed of the most up to date payment instructions for them or their nominated 3rd party.
32. Once the deadline for answering a question has passed, Users will not be able to amend their answer under any circumstances.
33. Scores for completed questions will be automatically calculated by MT and applied to User accounts within reasonable time following the determined final outcome for each question.
34. The final outcome shall be determined by associated real world events and applied to the question by MT.
35. In the event of any ambiguity, the final outcome will be determined by the Mettletest Expert Panel of Questioners.
36. The final outcome for any question is final and non-negotiable. It cannot be queried or disputed.
37. Users cannot omit scores for specific questions from their overall score under any circumstances.
38. Subscribers may terminate their subscription at any point by contacting MT in writing and giving 2 weeks notice. Once the subscription has been terminated, the subscriber will no longer be able to answer any future questions or use any of the subscriber only MT facilities. They will be granted access to their personal information and their portfolio information should they require it.
39. MT reserves the right to terminate a User’s subscription or restrict their access to MT without notice at its sole discretion if:
• it considers a User to be in breach of the Terms
• a User is suspected to be abusing the services offered by MT
• there are events or changes beyond MT’s control which prevent or limit its ability to provide the Website and/or associated services
40. MT claims copyright to the Website and all other associated services and facilities provided by MT. Users retain ownership of and responsibility for any content posted to the site and grant MT a non-exclusive, worldwide, perpetual, irrevocable licence to use and sublicense such content for any purpose in connection with the Website and/or any services that MT offers. Users confirm they are entitled to grant this licence for any content posted.
41. Users may not post, modify, distribute or reproduce in any way any copyright material, trademarks or other proprietary information belonging to MT or others without obtaining prior written consent from the owner of the proprietary rights.
MT accepts no responsibility or liability for any of the following:
42. incorrect, incomplete or inaccurate content posted or transmitted by any Users, employers, questioners or other MT employees or associates.
43. incorrect, incomplete or inaccurate content posted as a result of automated equipment or programming used in the Website.
44. links to other web pages provided by MT or any other User, nor their content, completeness, currency, accuracy or opinions.
45. guaranteeing Users a job or career after subscribing to MT for any period of time.
46. any job advertised on MT or secured as a result of using MT or for opportunities not meeting a subscriber’s expectations.
47. MT takes no responsibility for disputes that arise between Users, but reserves the right to monitor them at MT’s discretion.
48. any error, delay, theft, destruction, unauthorised access to or alteration of any User profile or content.
49. any technical malfunction of any description due to internet traffic or other internet problems, including any injury or damage to any User, computer or related equipment.
50. Under no circumstances shall MT be responsible for any loss of revenue, profits, goodwill, data or business or damages associated resulting from MT or any related services, including content posted on the Website by MT or any User, nor conduct of any Users on or offline to the maximum extent permitted by law.
51. MT is provided on an “as-is” basis and makes no representations or warranties of any kind as to the Website, associated services or content. MT does not accept any liability for any errors in its operation or guarantee any functionality.
52. In accepting these terms, Users agree to indemnify and hold MT, any subsidiaries, affiliates, their representative offices, agents, partners and employees harmless from any loss, liability, demand, claim or legal proceedings brought or threatened including expenses of any type incurred due to the use of MT in violation of these terms and/or arising from the User’s use or conduct on the Website or in the use of the services and/or breach of this agreement.
53. Users are solely responsible for ensuring all personal information about them and their situation stored on MT is kept up to date and remains accurate. MT does not verify or monitor the information or changes made and accepts no responsibility for any consequences that occur as a result of User negligence in this respect.
54. Any competitions, prize draws or other promotions provided through MT from time to time shall be subject to specific additional terms and conditions which will be made available in each individual instance.
55. The failure of MT to exercise or enforce any right of these Terms shall not operate as a waiver of such right or provision.
56. If any provision in these Terms is unlawful, void or unenforceable, that specific provision shall be deemed severable from this agreement and does not affect the validity and enforceability of any remaining provision.
Oxfordshire, OX25 1TF
Company Number: 07947839
VAT Registration Number: 136 0594 19