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Terms of Business for Online
Purchase of Product
Please read carefully the following terms and conditions
before continuing with the online order process. By continuing with the online
order process, you accept these terms and conditions and you should print out a
set for your own records. If you do not agree with these terms and conditions,
you should not continue with the online order process.
If you have questions about any of these Terms of Business, please contact Human
Factors on +44 (0)20 78 31 31 23, email enquiries@humanfactors.co.uk, or write to
Human Factors International, 8 Staple Inn, London, WC1V 7QH. We will endeavour to respond to any enquiries
with 2 business days.
Throughout this statement the name Human Factors will be used to describe Human
Factors International Ltd.; Human Factors (UK) Ltd; and PeopleFactors. These terms
and conditions cover all of our domains and associated websites including, but not
limited to HumanFactors.co.uk, HumanFactorsInternational.com, PeopleFactors.com,
PeopleFactors.co.uk
Definitions
In these Terms: "we", "us" and "Human Factors" mean Human Factors (UK) Ltd; "Materials"
means our products or services such as printed material, reports, software, online
access codes, as identified in the Order; "the Order" means the Purchaser’s order
for Materials as recorded by us; "the Purchaser" means the person or the organisation
identified in the Order to whom we are to supply the Materials; "the Registered
User" means the named individual test user identified in the Order, who is either
the Purchaser or is employed by or otherwise contracted to the Purchaser; and "Restricted
Materials" means any psychometric tests or materials (including questionnaire booklets,
score keys and weights, answer sheets and profile sheets) referred to in the Order
which at the time of purchase are identified as restricted in our sales literature,
on the web site or on the tests or materials themselves; and "these Terms" means
these terms and conditions, together with the Order.
Online
Electronic Assessment Services
Where the Materials include the provision by us of online electronic assessment
services, then the following shall apply:
(a) although we will use our reasonable endeavours to ensure that reports are complete
and accurate, we make no warranty in this regard; and
(b) reports from our electronic assessment service will be dispatched to the Registered
User via e-mail normally on the same day; and
(c) the Purchaser shall indemnify us in respect of any claims made by a third party
against us or our licensors in relation to the provision of the computer-scored
reports.
Changes to products, services and prices
We use our reasonable endeavours to keep our website as accurate and up-to-date
as possible, but prices and specifications of Materials and services are subject
to change without notice. Materials and services may also be withdrawn without
notice. All Orders are subject to confirmation as described below.
Ordering
Any Order placed by the Purchaser will be deemed to be an offer by the Purchaser
to purchase the Materials subject to these Terms.
When ordering Restricted Materials, the Purchaser must
quote the name of the Registered User and his or her registration number. Orders
for Restricted Materials may be refused if the delivery address is not that relating
to a Registered User.
Within a few minutes
of placing the order the Purchaser will receive an email containing the invoice.
The Purchaser should print and retain a copy of this receipt for their records.
Transaction Security
All data relating to
ordering and payment collected on this site is used only for the purpose of completing
the transaction. Transaction information is transmitted to our payment partner at
velocitymerchantservices.com using 128 bit SSL encryption. This data is kept strictly
confidential. It is not stored by us or transmitted to any other parties.
When completing an order
online, the Purchaser will be prompted for Visa or MasterCard card details, including
the card verification value (CVV). This 3 digit number, found on the signature strip
of the card, helps us to prevent fraudulent use of the Purchaser’s card.
Dispatch of orders
We endeavour to dispatch electronic Materials such as online access codes within
one hour of receiving payment for the order.
Subject to availability, we endeavour to dispatch other
Materials such as printed manuals and reports within 2 working days of receiving
payment for an Order.
Payment
If we have quoted to the Purchaser a price for Materials in Euros (EUR), or US$
(USD), then we will accept payment in such currency. Otherwise payment will
be in £sterling (GBP).
We regret we cannot process any Orders received without
payment except where agreed in writing by us.
Full payment will be taken from the Purchaser’s card
on the day of dispatch of the Order.
Purchases will appear on the Purchaser’s statement as
HUMANFACTORS.CO.UK LONDON UK.
Value Added Tax
• For sales within the UK VAT will be chargeable at the UK rate
• For sales outside the EU, VAT will not be charged
• For sales within the EU to VAT-registered traders, all products will be zero-rated
provided we have knowledge of the customer’s VAT number at the time of ordering.
This applies wherever the goods are delivered to, provided they are not for delivery
in the UK.
• For sales within the EU to non-VAT-registered traders or to individuals, VAT will
be chargeable at the UK rate.
Interest on overdue accounts
We reserve the right to charge the Purchaser interest
and costs of recovery in accordance with the Late Payment of Commercial Debts (Interest)
Act 1998 (as amended).
Claims for Cancellations or Returns
Human Factors will not accept cancellation of an Order unless
on the grounds of damaged or defective materials.
In any event, our liability
in respect of cancellations or returns will be limited, at our option, to replacement
of the Materials free of charge or to a refund of the price of such Materials.
Claims should be made in writing to our Client Support Team, quoting the invoice
number:
- within three days of receipt of Materials in respect of damage or discrepancies
between Materials ordered and Materials received;
- within twenty-one days of dispatch in respect of non-delivery;
- within one calendar month of dispatch in respect of defective Materials.
We will not be liable in respect of such matters unless we are notified within the
appropriate time as set out above and the Materials are returned unused, if applicable.
Registered User qualifications for the purchase of Restricted Materials
We seek to uphold the guidelines established by the British
Psychological Society (or other appropriate bodies outside the
UK) on
sales of Restricted Materials. Purchases of Restricted Materials must be made by
or on behalf of an identified Registered User who is qualified to use the Restricted
Materials and has registered with us in accordance with our registration procedures.
We reserve the right to refuse to supply Restricted Materials if the Purchaser is
unable to satisfy us that they are a registered Restricted User. For more details
of registering with Human Factors telephone our Client Support Team on +44 (0)20
78 31 31 23.
Obligations of Purchasers of Restricted Materials
The Purchaser represents, warrants and undertakes that:
(a) it shall ensure that only a Registered User uses the Restricted Materials, that
they remain at all times in the possession and under the control of the Registered
User.
(b) the Purchaser shall not, and shall ensure that the
Registered User shall not license, lend, exchange, give or otherwise dispose of
Restricted Materials to third parties or act as agent, distribution channel or stockist
of the Restricted Materials other than providing them to individuals in order for
those individuals to be assessed under the Registered User’s supervision;
and shall indemnify us fully in the event that we or our
licensors suffer any losses, claims, liabilities, damages, expenses or costs as
a result (whether direct or indirect) of any breach by the Purchaser of such warranties
and undertakings.
Intellectual Copyright
All Materials provided by Human Factors are owned by
Human Factors (UK) Ltd, its affiliates or subsidiaries, or are licensed to the same.
The Materials are protected by the European Union and United States Copyright laws
and international treaty. Title to the Materials, or any copy thereof will at all
times remain with Human Factors (UK) Ltd. Users will not nor will users allow anyone
else to disclose the Materials, or any questions or answers contained in the Materials
or deliver copies of the Materials in any form, in whole or in part, to any party
except in the normal operation of the Websites on users' licensed computer(s) and
subject to the terms and conditions of this Agreement.
Liability
Our liability arising under or as a result of the provision or use of the Materials,
whether in contract, tort, breach of statutory duty or otherwise, will not exceed
the price paid by the Purchaser for such Materials and their delivery. Nothing
in these Terms will exclude or limit our liability for death or personal injury,
or for any fraud on our part, or for any liability that cannot be excluded by law.
Subject to the foregoing sentence 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 Purchaser's
use of the Materials (whether direct or indirect).
Exclusions
Any condition, representation or warranty that might otherwise be implied or incorporated
within these Terms by reason of statute or common law or otherwise is hereby expressly
excluded to the fullest extent permitted by law.
Applicable law
These Terms will be governed by and construed in accordance with the laws of England,
and the Purchaser agrees that he/she will only sue us in the courts of England.
The place of performance of the contract will be England.
Customer Service
As cardholders you will receive a response to email and telephone queries within
48 hours of receipt.
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