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User Terms

Important: The terms and conditions included in these User Terms apply to individuals purchasing a single User Membership (as defined below) for themselves, and to individuals who have had a User Membership arranged for them by an Account Manager. Terms and conditions for Account Managers are covered in the Terms of Supply.

INTRODUCTION

Transparency is very important to Aptimore Limited (“us”, “we” and “our”), so our full User Terms are set out below, but to make it easier for you here is a short overview of the most important points:

  1. If you purchase a User Membership you will be entitled to use Aptimore’s learning and development site for 365 days, starting on the day that you purchase your membership.
  2. You may cancel your membership within 14 days of your purchase and receive a refund, but only if you have not completed your initial profiling questionnaire. Once you have completed your initial profiling questionnaire, you will not be entitled to a refund.
  3. You may save, download and print pdf versions of your profile chart and your personalised development report (whether in progress or completed) for your records and for sharing with third parties that have an interest in your professional development such as your HR department, manager, coach or trainer.
  4. If your Aptimore subscription has been purchased for you by an Account Manager, they will have access to a limited amount of information (e.g. which units you have completed) but they will not have access to the results or outcomes of your program unless you print or pdf a version of your profile chart or personalised development report to send to them.
  5. Apart from printing or pdf-ing your profile chart and personalised development report, you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of any of the Materials or Services, use of any Services, or access to any of the Services without the express prior written consent of Aptimore.

TERMS OF SUPPLY

Welcome to www.aptimore.com, an online portal for management and leadership training and skills development. The Site is owned and operated by Aptimore Limited. We are registered in England and Wales under company number 08581507 and have our registered office and main trading address at 4th Floor, 86-90 Paul Street, London EC2A 4NE.

  1. DEFINITIONS

    1. When the following words with capital letters are used in these Terms, this is what they will mean:
      • Account Manager: the bodies corporate (and their representatives) who have registered as Account Managers with us and who fund, facilitate and/or administer the accounts of one or more Account Users;
      • Account User: a User whose membership is funded, facilitated and/or administered by an Account Manager;
      • Intellectual Property Rights: copyright, trade marks, patents, service marks, trade names, rights in know-how, database rights, design rights and other intellectual property rights or equivalent forms of protection, of whatever nature arising anywhere in the world, whether registered or unregistered and including applications for the grant of such rights;
      • Materials: the multimedia content (including text, audio, images, video, quizzes and other interactive activities), feedback, information, processes and software which are provided as part of the Services;
      • Privacy Policy: the privacy policy viewable here;
      • Program: the initial stage of Services which comprises the profiling questionnaire, the nineteen training modules from which the personalised development report is derived and the personalised development report;
      • Services: the Account Manager Services and the User Services;
      • Site: our website at www.aptimore.com;
      • Terms of Supply: the terms and conditions of supply viewable here;
      • User: an individual registered with our Site to use the Services (who may also be an Account User and/or an Account Manager);
      • User Membership: the annual membership allowing a User to access the User Services;
      • User Services: services provided to Users in exchange for an annual fee, including those services set out at paragraph 4 below; and
      • User Terms: the terms and conditions set out in this document.
    2. Words beginning with capital letters which are not defined in these User Terms are defined in the Terms of Supply and/or the Privacy Policy.
  2. ACCEPTANCE OF TERMS

    1. The terms and conditions included in these User Terms apply to Users of the Site and of the User Services. The Privacy Policy will also apply, but if there is any contradiction between them, the position set out in these User Terms will prevail as between Aptimore and the User.
    2. By purchasing and/or using any User Service, you (“you”) confirm that you have read, understand and agree to be bound by these User Terms. You also confirm that you are at least 18 years old or, if under 18, that you are accessing the Site only with the involvement of a parent or guardian who agrees that you will comply with these User Terms.
    3. If you do not agree to comply with these User Terms, do not purchase, renew, use or access the relevant Service(s).
  3. REQUIREMENTS TO ACCESS THE USER SERVICES

    1. In order to purchase and/or use the User Services, you must:
      1. be a registered user of the Site; and
      2. have paid (or, in the case of Account Users, your Account Manager must have paid) the relevant fees.
    2. Technical Requirements – laptops and desktops

    3. You will receive optimum functionality from our Site using the latest desktop versions of Internet Explorer, Chrome, Firefox and/or Safari. Older versions of these browsers may work but are not recommended. We do not recommend accessing our Site using Internet Explorer 9 or below.
    4. Technical Requirements – mobile devices

    5. Our Site can be accessed through the native browsers on Apple iPad 2+ tablets and Android tablets running JellyBean or later. Other tablet browsers may also work but are not recommended.
    6. Technical Requirements – network

    7. We recommend connecting through a DSL or WiFi network connection running at a minimum speed of at least 2mbps with RTT of at least 5ms.
  4. USER SERVICES

    1. The Services available to Users during their User Membership shall include (but not be limited to):
      1. psychometric and other aptitude testing;
      2. expert feedback and guidance
      3. creation of a personalised development report; and
      4. skill development lessons and training units provided through interactive webpages including written material, images, audio and video.

      The Services will be provided online via the Site. Other services may be subject to additional terms.

    2. User Membership is valid for 365 days (inclusive) from the date of your registration with the Site. User Membership is confirmed when we send the User an email with their log-in details.
  5. PURCHASING USER MEMBERSHIP AND PAYMENT TERMS

    Formation of contract for Services

    1. The ordering process for User Membership and User Services on the Site allows you to check your order before you complete your purchase: please check the details of the order before you proceed to payment. We will send you a confirmation email when you purchase User Membership or any additional User Services. The contract between you and Aptimore for the relevant User Membership or User Services, which is subject to these User Terms, is formed at the time we send such confirmation email.
    2. Payment

    3. By placing an order you agree to pay, or to cause to be paid, the stipulated fees for the relevant User Membership and/or Service(s) by credit card or any other form of payment accepted by Aptimore, along with the VAT (if applicable) and any other fees or amounts associated with such User Membership and/or Service(s). The most recent fees for User Membership and the Services are set out here, and you acknowledge and agree that such fees may change from time to time. Any price changes will be announced on the Aptimore website and will not affect existing subscriptions (so if you have signed up for a User Membership for a certain price, price changes won’t affect your existing subscription, and will only apply to any future subscription purchase).
    4. Aptimore uses secure payment service providers to protect your payment details.
    5. Expiry

    6. Your User Membership will expire 365 calendar days (inclusive) after you have registered with us and upon expiry of your User Membership you will no longer be able to access the User Services or the Materials. Access to the Services and the Materials may be extended by payment of a further fee. You can check on the status of your User Membership at any time by viewing your account information within the Site.
    7. Promotions and Free Offers

    8. Aptimore may run promotions and free offers which may be subject to additional terms or restrictions. These promotions and offers may not be shared among different Users.
    9. Refunds

    10. Please be advised before you pay that, unless and to the extent expressly set out to the contrary in these User Terms (and particularly as set out in clause 1), any amounts paid in advance will not be refunded.
  6. TERMINATION

    Termination by you

    1. You may cancel any purchase of User Membership or any Services and claim a refund from Aptimore for any reason within 14 working days of your purchase (except as set out in 6.1.1 and 6.1.2). You may do this by returning or completing the cancellation form and returning it to us by email or post, or by sending an email to us clearly setting out your request with details that will allow us easily to identify your payment transaction. However, you will lose your right to a refund as soon as you:
      1. in the case of User Membership, complete your personal questionnaire; and/or
      2. in the case of any other Services, when you first use or access that Services.
    2. Termination by Aptimore

    3. Aptimore may suspend or terminate your access to and/or use of your User Membership and/or any one or more Services immediately, without notice and without liability if Aptimore has reason to believe that you are in breach of or have acted inconsistently with these User Terms.
    4. If Aptimore terminates your access to or use of User Membership or Services where you are not in breach of these User Terms, Aptimore will provide you with a pro rata refund representing (in Aptimore’s sole discretion) the portion of the relevant User Membership or Services that you have not used. Such a refund is your sole remedy in respect of such a termination.
    5. Termination by your Account Manager

    6. If your account is administered and paid for by an Account Manager, your Account Manager has the right to terminate your User Membership or your use of any other Services.
    7. Changes to your Account

    8. Please let us know if you wish to dissociate your Account User Membership from the account of your Account Manager or associate your Account User Membership with a new Account Manager (for example, if you have moved employers). Please note that unused Account User Memberships, Services and Materials may not be portable if you change Account Managers.
  7. REGISTRATION INFORMATION AND UNAUTHORISED USE

    Registration Information

    1. You must ensure that:
      1. all of the information you submit to us at the time of your registration (which includes any payment information) is true, accurate, current and complete; and
      2. you keep all such information (such as your email address) up to date.
    2. If any Services are suspended or cancelled, we may delete or stop your access to any of the Materials or information contained in the Services relating to your use of such Services. Aptimore declines any responsibility for the loss of information as a consequence of the cancellation of Services.
    3. In any event, Aptimore reserves the right to contact you at any time to verify any of the information you have given to us, including any information relating to payments.
    4. Unauthorised use

    5. The Services are available on a named-user basis only. You must not share your log-in details and you must protect your User Membership and the Services you purchase from unauthorised and fraudulent use. Please notify Aptimore immediately at support@aptimore.com of any unauthorised or fraudulent use of your Services or when you suspect that your account may be at risk.
    6. Amounts paid to Aptimore before you report an unauthorised or fraudulent use of your account will not be refunded. Aptimore has the right to close or cancel the account of any User in the event of any unauthorised or fraudulent use of their User Membership or any Service.
    7. You may save, download and print pdf copies of your profile chart and personalised development report (whether in progress or completed) for your records and for sharing with third parties that have an interest in your professional development such as your HR department, manager, coach or trainer, but otherwise you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of any of the Materials or Services, use of any Services, or access to any Services without the express prior written consent of Aptimore.
    8. We reserve the right to audit your use of the Site and the Services.
  8. PRIVACY POLICY

    1. All of the information that Aptimore collects about you in relation to your use of the Services is subject to our Privacy Policy, the terms of which are incorporated into these User Terms by reference.
    2. By purchasing and/or using any User Membership or Service, you also indicate that you understand and consent to the practices used to collect, use and disclose information relating to such use and/or purchase as described in our Privacy Policy.
    3. If you are an Account User, we would like to remind you that your Account Manager will have access to a limited amount of information about your membership (but never the answers to, or the results or recommendations based on, your personal questionnaire or any messages you may exchange with Aptimore within the Site). Please check our Privacy Policy for details.
  9. INTELLECTUAL PROPERTY RIGHTS

    1. You acknowledge and agree that all Intellectual Property Rights in the Services, the Site, the Materials, any necessary software used in connection with the Services (the “Software”), and all content (including text, videos, images or other materials) contained within the Site and the Services ( “Content”) belong to Aptimore and its licensors and that, except for the limited licence rights granted to you under clause 2, Aptimore and its licensors expressly reserve all Intellectual Property Rights in and to the Service, the Site, the Software, and the Materials, including (but not limited to) the initial profiling questionnaire, the responses generated by and the personalised feedback delivered to Account Users, and our Site’s personalisation algorithms.
    2. Subject to clauses 3 and 9.4 below and your compliance with these Terms of Supply, Aptimore grants you a personal, limited, non-transferable, non-sublicensable, worldwide and non-exclusive licence to use the Site, the Service, the Content and the Software, in each case for your own personal use only, in accordance with these Terms of Supply and any other written or other instructions of Aptimore (including any instructions or parameters set down by Aptimore within or as part of the Site or the Service).
    3. Your licence to use the Software is restricted to use of the object code of the Software, and it is a condition of such licence that, except to the extent expressly permitted under applicable law, you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. Additionally, you understand that you may have to agree to additional terms and conditions before you use such Software or any content or Materials proprietary to a third party.
    4. Without prejudice to clause 1, you agree:
      1. not to access the Site, the Services or the Materials by any means other than through the interfaces that are provided by Aptimore for use in accessing the Services; or
      2. except as expressly authorised by Aptimore or relevant third parties, not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.
  10. INDEMNITY

    1. You agree to indemnify and hold Aptimore and its subsidiaries, affiliates, and its and their officers, directors, agents, co-branders or other partners, and employees, harmless from any losses, damages, cost, expense (including reasonable legal fees) or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to or arising out of your use of the Services, your connection to the Services, your breach of the User Terms or the Terms of Supply, or your violation of any rights of another person or entity.
  11. DISCLAIMER OF WARRANTIES AND LIABILITY LIMITS

    1. Aptimore warrants that the User Services will comply in all material respects with their descriptions as set out in these User Terms or as otherwise set out on the Site.
    2. You understand and accept that, except for the warranty in clause 1, (i) the User Services are provided “as is” and are used entirely at the user’s own risk, and (ii) that to the fullest extent permitted by applicable law, Aptimore expressly disclaims all warranties of any kind, whether express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular and without limitation to the foregoing, Aptimore does not, except to the extent provided to the contrary under the warranty in clause 11.1, assume any responsibility for:
      1. your professional education or development or for any improvement of your skills or abilities in any way;
      2. the way in which you respond or react to the User Services or any actions you may take afterwards;
      3. the ways in, or the consequences of the ways in which the information made available to Account Managers is used;
      4. the timeliness, deletion, mis-delivery or non-delivery of information;
      5. failure to store any user communications or personalisation settings;
      6. restriction or loss of access;
      7. any bugs or other errors;
      8. unauthorised use due to your sharing of access to the Services; or
      9. any malfunction and/or inadequacy of the internet connection or the computer you are using.

      The Services are used entirely at the user’s own risk.

      In addition, Aptimore does not warrant that the Services or any part of them will be uninterrupted or error-free. However, this clause is subject to clause 11.4 below.

    3. Without prejudice to clause 2.1 but subject to clause 11.4, you expressly agree that Aptimore shall not be liable for any:
      1. loss of profit;
      2. loss of goodwill;
      3. loss of use;
      4. loss of opportunity;
      5. loss of data;
      6. loss of anticipated savings;
      7. (in each case whether direct or indirect), nor

      8. for any indirect, incidental, special, consequential or exemplary damages (even if Aptimore has been advised of the possibility of such damages),

      resulting from any matter relating to the Site, the Services or the Materials.

    4. However, Aptimore does not restrict its liability for fraud, death or personal injury caused by its negligence, nor any other liability which Aptimore is not permitted to restrict or exclude as a matter of applicable
    5. Subject to clauses 11.2, 11.3 and 4, the maximum aggregate liability of Aptimore to you in relation to any of the Services (whether such liability arises in contract, tort (including negligence) breach of statutory duty or otherwise) shall, to the fullest extent permitted by applicable law, not exceed the amount paid by you or your Account Manager for such Service.
  12. GENERAL INFORMATION

    1. Changes to the Terms of Supply. These User Terms may be updated from time to time by Aptimore. All changes will be posted on the Site. You can review the most current version of the User Terms at any time here. Any changes to the User Terms will not apply to Services that you have already purchased, but will apply to any further purchases that you make after the changes have been introduced.
    2. Applicable legislation and jurisdiction. These User Terms and the relationship between you and Aptimore shall be governed by the laws of England without regard to any conflict of law provisions of any jurisdiction. You and Aptimore agree to submit to the exclusive jurisdiction of the English courts, except that Aptimore may seek injunctive relief in any jurisdiction in order to enforce its rights under these User Terms.
    3. Third party rights. No person other than you and Aptimore shall have any rights under these User Terms in relation to your access and/or use of the Services, provided that Aptimore’s third party licensors may take action against you to enforce their intellectual property rights or other rights.
    4. Waiver and severability of terms. The failure of Aptimore to exercise or enforce any right or provision of the User Terms shall not constitute a waiver of such right or provision. If any provision of the User Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the User Terms remain in full force and effect.
    5. Entire agreement. You agree that these User Terms, together with the Terms of Supply (if applicable), represent the entire understanding between you and Aptimore in respect of your relationship with Aptimore as a User of Services. Subject to clause 1, the User Terms, together with the Terms of Service, supersede any previous agreements between you and Aptimore relating to the Services including any previous version of the User Terms and/or Terms of Service.
  13. CONTACT

    1. Aptimore may contact you and send you notices, including those relative to changes in these User Terms, by email or by posting announcements on the website.
    2. Please contact us for any questions you might have or to report any violations of these User Terms at support@aptimore.com.

Last updated: 24th February 2017