PersonaBubble.com Terms and Conditions
By using or accessing PersonaBubble.com, you agree to be bound by these Terms and Conditions, our Privacy Policy and our Acceptable Use Policy which govern the relationship between PersonaBubble.com (“us”) and its users (“you”). If you do not agree to these Terms and Conditions and/or the Privacy Policy and/or the Acceptable Use Policy do not use PersonaBubble.com.
1 Definitions
1.1 In these terms and conditions, the following shall have the following meanings:
“Acceptable Use Policy” means the acceptable use and anti-bullying policy of PersonaBubble.com available at http://blog.personabubble.com/user-guidelines/acceptable-use-policy/. which is supplemental to, and made a part of, these Terms and Conditions.
“Administrator” means an individual working for PersonaBubble.com (or the OPP Group) to ensure the operation of the Service.
“Application” means one of the electronic forms of delivery of the Service; for example the PersonaBubble.com website, a Facebook application, an iPhone application or another form of smartphone application.
“Data” means any and all data gathered by PersonaBubble.com and/or the OPP Group by use of the Service and any other function of PersonaBubble.com, and includes Personal Data.
“Information” means any data, facts and other information about you, [and other Users] including actions you take, and includes Data and Personal Data.
“Materials” means our electronic products available via the Service, including the Questionnaire and associated components and materials, whether printed materials or recorded on any other medium (such as video, DVD, CD-ROM or other software program);
“OPP Group” means the group of companies which are subsidiaries of or affiliated to OPP Limited, including IPAT, Inc., OPP Denmark ApS and OPP Limited, together with any other companies bought or set up by either OPP Limited or IPAT, Inc. in the future.
“PersonaBubble.com” means PersonaBubble.com together with the Service and any other functions, which the OPP Group owns and controls.
“Personality” means a person’s preferred or most typical style of behaviour; PersonaBubble.com assesses Personality through self-reported answers on a psychometric personality questionnaire but also through ratings of the User by other Users.
“Personal Data” means all data gathered by PersonaBubble.com relating to a person who can either be indentified by such data or who can be identified by such data and other information which is in the possession of PersonaBubble.com; such Personal Data may include responses to Questionnaires; scores derived from the responses to Questionnaires; personal details about the User (e.g. age, gender); comments made by the User about the Personality of other Users (e.g. friends/contacts); or comments made by other Users about the Personality (or other aspects) of the User.
“Privacy Policy” means the privacy policy of PersonaBubble.com, available at http://blog.personabubble.com/user-guidelines/privacy/ which is supplemental to, and made a part of, these Terms and Conditions.
“Questionnaire” means a series of questions, in the form of a self-reported assessment made available to you via the Service, designed to be answered by the User according to a standard rating scale to assess Personality and/or interests, motivations and lifestyle choices.
“Service(s)” means the PersonaBubble.com service for the electronic delivery, administration and scoring of Questionnaires and any ancillary services available via the PersonaBubble.com website or any successor to such website, together with any other service or function related thereto and available through the PersonaBubble.com website.
“Trademarks” means all the registered and unregistered trademarks used by the OPP Group in the course of business, including without limitation, PersonaBubble™, 16PF® and OPP®.
“User” means an individual who is registered with PersonaBubble.com to use the Service or to use or purchase all or some of the Questionnaires or other functions provided via the PersonaBubble.com website (and whose account has not been suspended or terminated); a User may use certain core features of PersonaBubble.com for free, but may also be a purchaser of any paid-for features of PersonaBubble.com.
1.2 The headings in these Terms and Conditions are for convenience, and do not affect the interpretation of the provisions.
2 Use of the Service
2.1 The Service is accessible only to Users who have pre-registered for the Service and been allocated a log-in and password by PersonaBubble.com.
3 Registration
3.1 Each registration to PersonaBubble.com is for a single user and is personal to the User. . A User’s entry to the PersonaBubble.com website is password-protected and Users should keep registration details confidential and ensure that the password allocated is only used by that User and is not transferred to any third party. All Users shall at all times comply with these Terms and Conditions.
4 Data Protection and Privacy
4.1 PersonaBubble.com respects the privacy of individuals and wishes to protect the privacy of Users. You should read our Privacy Policy; it will help you understand how we use Data and Personal Data. Whenever you give us your Personal Data, you are consenting to its use in accordance with our Privacy Policy.
5 Purchasing of Goods and Services
5.1 When a User requests a paid service from the PersonaBubble.com website, and then confirms the request in the ‘Checkout’ screen, an order has been placed and is binding.
5.2 Payment for orders cancelled after confirmation will not be refunded.
5.3 We will use our reasonable endeavours to ensure that reports generated from the Service are provided to the User on the same day that the report is requested.
6 Payment
6.1 We will process orders for paid services from the PersonaBubble.com website by:
- Online payment using a valid debit or credit card at the time of making the order; or by PayPal payments.
- Pre-paid credits bought in advance for future use.
- Credits earned through specified activities on the PersonaBubble.com website or associated Applications.
6.2 Where pre-paid or earnt credits are used, these are non-refundable and non-exchangeable for cash.
6.3 Unless otherwise stated, the price payable for paid services will be the price as set out on the current PersonaBubble.com website; VAT will be added to the price where applicable.
6.4 It is a condition of sale that paid services and Materials are not provided to the User until full payment is received.
7 User’s obligations
7.1 The User understands and acknowledges that in order to use the Service via the Applications, certain technical requirements relating to hardware and software available to the User will need to be met. Further details can be supplied on request.
7.2 The User may use the Materials for personal use; in no circumstances may the User give, sell, or otherwise dispose of, the Materials or the Service, or any part of the Materials or Service, to third parties or act as agent or distributor of the Materials or the Service. Any on-selling or any unauthorised use, reproduction or modification of the Service or Materials is prohibited.
7.3 The User may not use PersonaBubble.com to assess information about a candidate for recruitment decisions; the full version of the 16PF psychometric instrument only should be used for this purpose and is available from the OPP.Group
7.4 The User may not make any commercial use of data collected as a result of the User’s use of the Service or collated from the Service.
7.5 The User shall indemnify PersonaBubble.com in the event that PersonaBubble.com or PersonaBubble.com’s licensors suffer any losses, claims, liabilities, damages, expenses or costs as a result (whether direct or indirect) of any breach by the User of this clause 7.
7.6 The User shall further indemnify PersonaBubble.com in respect of any claims brought by any other User or third party against us or our licensors in relation to the User’s use of the Service or the Materials.
8 Intellectual Property Rights
8.1 PersonaBubble.com, the Service and the Materials are owned by, or licensed to, PersonaBubble.com and are protected by trademarks, copyright, database rights and other intellectual property rights and rights of confidence that belong to the OPP Group or its licensors. The OPP Group’s rights in the PersonaBubble.com website content and design are reserved.
8.2 Reproduction of the Materials or Service, in whole or in part, in any form or media, by any process (including posting on the internet or any intranet, or unauthorised emailing) or their storage in a database or retrieval system, is prohibited except (i) where expressly permitted by law; or (ii) where such reproduction is for the purposes of using the Service in accordance with these Terms and Conditions.
8.3 You may not republish, disseminate or transmit any Materials or the Service, or otherwise exploit, for commercial purposes, without first obtaining our permission.
8.4 You may read, print or download certain Material from the PersonaBubble.com website (other than third party material) free of charge (other than where it is stated that such Service or Materials are chargeable), provided it is:
8.4.1 used only for the User’s private use;
8.4.2 reproduced accurately;
8.4.3 not used in any misleading manner; and
8.4.4 the source of the Material is identified and the copyright status is identified.
8.5 The OPP Group is bound by OPP’s author and distribution contracts to take prompt legal action against anyone who infringes any of the OPP Group’s copyrights or its authors’ copyrights.
8.6 The User may not make use of any Information, including any data or information collected by means of the Questionnaire, in order to create products for commercial sale or other commercial exploitation.
8.7 The User acknowledges that the Trademarks are the property of the OPP Group, or its licensors. Further details are available on request.
9 Changes to Goods and Services
9.1 Descriptions and components of the Service and Materials, together with prices, are correct at the time of posting on the PersonaBubble.com website, but are subject to change without notice. The Service and Materials may also be withdrawn without notice.
10 Accuracy of Information
10.1 We try to ensure that any Information provided by us and Materials on the PersonaBubble.com website or made available through the Service is accurate, but we make no representation and give no warranty that any Information provided by us or Material is accurate, up to date or complete. We may make changes to the PersonaBubble.com website, or to Information or Material on it, without notice. We make no commitment to keep Information or Material up to date. We accept no liability for any loss or damage caused by inaccurate, out of date, incomplete or misleading Information or Material or by the manner in which that Information or Material is used or interpreted by others, including Users.
10.2 If you find any inaccurate information on the PersonaBubble.com website, please let us know immediately by contacting . In relation to any Information or Material or content posted by Users that may be considered inappropriate, please see our Acceptable Use Policy
11 Liability and Exclusions
11.1 Our liability arising under or as a result of the provision or use of the Service or the Materials, whether in contract, tort, breach of statutory duty or otherwise, will not exceed the price paid by the User, if any, for the Service or Materials, as applicable.
11.2 Nothing in these Terms and Conditions will exclude or limit our liability for death or personal injury caused by our negligence, or for any fraud on our part, or for any liability that cannot be excluded by law.
11.3 Subject to clause 11.2, we will not be liable for any indirect or consequential loss, loss of business, profit, revenue, data or goodwill, or for lost or wasted management time or the lost time of other employees arising from the User’s use of the Service or Materials (whether direct or indirect).
11.4 We do not warrant or represent that the Service will operate without interruption, or be quick, secure or error-free and we have no liability for the inability of anyone to access the Service, Materials, the emails or functions that form part of the Service. We reserve the right to carry out maintenance and development on the Service, which may cause interruption to it.
11.5 We expressly exclude our liability for any loss or damage arising from contributions or postings or information from any User in contravention of these Terms and Conditions, our Privacy Policy and/or our Acceptable User Policy.
11.6 Except as expressly set out in these Terms and Conditions we exclude to the fullest extent permitted by law all warranties, representations, terms, conditions and undertakings, whether implied by statute, common law, custom, trade usage, course of dealing or otherwise.
11.7 Any condition, representation or warranty that might otherwise be implied or incorporated within these Terms and Conditions by reason of statute or common law or otherwise is hereby expressly excluded to the fullest extent permitted by law.
11.8 The information and content on the PersonaBubble.com website is not intended to address a User’s particular concerns; it does not constitute any form of advice or recommendation by the OPP Group and is not intended to be relied upon in making any decisions, or refraining from making any decisions. Where appropriate, you should seek professional advice.
12 Third party Goods, Services and Links
12.1 Links from the PersonaBubble.com website to third party websites are provided solely for your convenience. If you use these links, you leave the PersonaBubble.com website. We do not review or control, nor are we responsible for, these third party sites or their content or availability and your use of such is entirely at your own risk.
12.2 If you purchase goods or services from third parties, even if you have been directed from the PersonaBubble.com website to them, or from one of our Users through the PersonaBubble.com website to them, any contract you enter into with those third parties and any use you make of their website is a matter between you and them. The OPP Group has no liability for the quality or type of services or goods provided by any third party we may mention on the PersonaBubble.com website or to whom the PersonaBubble.com website is linked. It is for you to make your own judgment about them.
12.3 Any information, offer, goods or service made available by you or any other User on the PersonaBubble.com website, or on any site to which the PersonaBubble.com website is linked, is that of the author or provider, and not of the OPP Group. We do not necessarily endorse, and we are not responsible for, nor make any representation regarding, the accuracy or reliability of, any such information, offer or service.
12.4 The OPP Group makes no representations and gives no warranty about any other websites or any information, offer, goods or service on them. We have no control over their content or availability and will not be liable for any loss or damage caused by or in connection with use of, or reliance on, any information, offer, goods or services available on or through any other website.
12.5 Any concern you have about any external link should be directed to that site’s website administrator.
13 Amendments and Variation
13.1 We reserve the right to change these Terms and Conditions, together with our Privacy Policy and our Acceptable Use Policy at any time without prior notice to you, so please check them regularly.
13.2 No variation of these Terms and Conditions requested by you shall be effective unless in writing and signed on behalf of the OPP Group.
13.3 In the event of any conflict between these Terms and Conditions (as displayed on our website) and those shown elsewhere, these Terms and Conditions (as displayed on the PersonaBubble.com website) shall prevail.
14 Termination
14.1 If you breach these Terms and Conditions, including the Privacy Policy and Acceptable Use Policy which are supplemental to, and made a part hereof, or the spirit and intent of PersonaBubble.com, or otherwise create risk or possible legal exposure for the OPP Group, including through the posting of Inappropriate Material as set forth in the Acceptable Use Policy, we are entitled to stop providing all or part of the Service or availability of the PersonaBubble.com website to you. We will notify you by email or at the next time you attempt to access the Service. We may also delete your account or disable your Application at any time.
14.2 You should refer to clause 9 of our Acceptable Use Policy for the sanctions we may take against you in the event of misuse of the PersonaBubble.com website. Where we delete tour account or terminate the Service or your availability to the PersonaBubble.com website, our agreement with you shall terminate, but the following provisions will continue to apply: clauses 4, 6, 7.2-7.6, 8, 10, 11, 12, 14, 15 and 16.
14.3 If we terminate your account or your availability to the PersonaBubble.com website, the only Data we will keep will be anonymous Data in a database which will not be linked to our live site (e.g. for research that we have done into Personality); there will be no way that this anonymous Data can be linked back to you since all identifying information is removed before it goes into this database; no analysis is done on individuals, only on groups. We cannot undo research we have already done, nor can we withdraw research, analysis and conclusions that have already been published.
15 Governing law and jurisdiction
15.1 These Terms and Conditions are governed by English law and you agree you will only sue us in the courts ofEngland. The place of performance of the contract will beEngland.
16 General
16.1 You will comply with all applicable laws, in any applicable jurisdiction, when using or accessing the Service.
16.2 These Terms and Conditions, together with the Privacy Policy and Acceptable Use Policy which are supplemental to, and made a part hereof, contain the entire agreement between the parties regarding the Service, unless otherwise stated herein.
16.3 If any portion of these Terms and Conditions are found to be unenforceable, the remaining portion will remain in full force and effect.
16.4 If we fail to enforce, or delay enforcement of, any of these Terms and Condition, it will not be considered a waiver of our rights to do so.
16.5 You will not transfer any of your rights or obligations under these Terms and Conditions to anyone else without our consent. These Terms and Conditions do not confer any third party beneficiary rights.
17 Further Information and Complaints
17.1 If you wish to raise a query or make a complaint regarding the PersonaBubble.com website or the Service, or require assistance on how to use Information or Material provided, please contact:
17.2 Where we receive a complaint concerning a message or post placed on the PersonaBubble.com website, we will review the content to determine whether it complies with our content standards and Acceptable Use Policy. We will deal with any content which, in our opinion, violates our standards, in accordance with our Acceptable Use Policy. We will inform you of the outcome of our review within a reasonable time of receiving your complaint.
17.3 If you have questions about any of these Terms and Conditions, please contact
PersonaBubble.com
OPP Limited
Elsfield Hall
15-17 Elsfield Way
Oxford OX2 8EP
United Kingdom
Registered inEngland No. 2218212