Test Match Hire!
Terms of Service
Updated: October 14th, 2015
Updated: October 14th, 2015
These Terms of Service are a contract between you and Thalento®. Thalento® operates Test Match Hire ("Test Match Hire Site") and collection and storage services therein (collectively the "Service"). By using the Test Match Hire Site and any services accessible from the Test Match Hire Site, you are agreeing to be bound by the following terms and conditions ("Terms of Service").
If you do not agree to these Terms of Service or any part thereof, your only remedy is to not use the Test Match Hire Site or the Service. VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE TEST MATCH HIRE SITE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE TEST MATCH HIRE SITE AT YOUR OWN RISK.
One person or legal entity may not maintain more than one Account unless authorized by Test Match Hire. Accounts registered by "bots" or other automated methods are not permitted.
Test Match Hire hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the Test Match Hire Site, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service. You may not permit the Test Match Hire Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the Test Match Hire Site. All rights not expressly granted to you are reserved by Test Match Hire and its licensors. You shall not (i) modify or make derivative works based upon the Test Match Hire Site; (ii) reverse engineer or access the Test Match Hire Site or assessments ("IP") in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the Test Match Hire Site, or (c) copy any features, functions or graphics of the Test Match Hire Site. You further acknowledge and agree that, as between the parties, Test Match Hire owns all right, title, and interest in and to the Test Match Hire Site, including all intellectual property rights therein.
As a condition to your use of the Test Match Hire Site, you agree not to:
IE 9+, Safari 5+, Firefox 10+, Chrome version 15+, Opera 11+.
Windows 7 and above, Mac OSX 10.6 Snow Leopard and above.
In the course of using the Test Match Hire Site, you may provide Test Match Hire with feedback, including but not limited to observations, errors, problems, suggestions and defects regarding the Test Match Hire Site (collectively "Feedback"). You hereby grant Test Match Hire a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.
A valid credit card or other pre-paid method is required for paying accounts.
Free accounts which provide a temporary and limited access to the Service are not required to provide a credit card number. The Test Match Hire Site is billed in advance on a monthly basis, unless set as an annual basis, in accordance with our pricing schedule and all payments are non-refundable.
There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months or periods unused with an open account. In order to treat everyone equally, no exceptions will be made.
For monthly subscriptions, you will be billed for your first month immediately upon signing up for a paying account. After signing up for a paying account and provided that you don't cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created.
The upgrade from a free account to any paying account will automatically end your free trial. You will be billed for your first month immediately upon upgrading. For any upgrade in plan level, your credit card that you provided, will automatically be charged monthly with the new rate.
Pay as you go plans are pre-paid and are non-refundable.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. You agree to pay for any such taxes that might be applicable to your use of the Service and payments made by you herein.
Test Match Hire reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. Test Match Hire may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that Test Match Hire has no obligation to pre-screen or monitor your access to or use of the Test Match Hire Site or any information, materials or other content provided or made available through the Test Match Hire Site, but has the right to do so. You hereby agree that Test Match Hire may, in the exercise of Test Match Hire's sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.
The science behind the Test Match Hire assessment, the Test Match Hire Profile Builder & Match Engine, the Test Match Hire Match Scores and Test Match Hire reports are continually being verified and improved to create better results across the Test Match Hire platform.
As a result, you may notice from time to time, changes to candidate/test-taker scores, match criteria, match scores, and other elements that are related to Test Match Hire assessments. Test Match Hire reserves the right to change these scores without prior notice.
You are solely responsible for properly cancelling your Test Match Hire account. An email or phone request to cancel your account shall be sufficient. You can cancel your Test Match Hire account at any time.
Cancellations will take effect at the end of a billing cycle. Upon the commencement of a new Service period the Service will terminate without additional notice, and you will not be charged for any subsequent Service periods. You will not be provided any refunds for unused time on your Service period.
Test Match Hire, in its sole discretion, has the right to suspend or terminate your Account if (1) you breach these Terms of Service or (2) your bandwidth usage significantly exceeds the average bandwidth of other users of the Service. In each such case Test Match Hire may refuse to provide you any current or future use of the Test Match Hire Site, or any other Test Match Hire Service.
The termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all the Content in your Account. This information cannot be recovered from Test Match Hire once your account is terminated; however Test Match Hire may for a time retain residual information in our backup and/or archival copies of our database.
Test Match Hire reserves the right to refuse service to anyone for any reason at any time.
Test Match Hires claims no intellectual property rights over the material you provide to the Test Match Hire Site. Your profile and materials uploaded remain yours.
Test Match Hire does not pre-screen Content, but Test Match Hire and its partners the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Test Match Hire Site.
Test Match Hire owns all data obtained through the Test Match Hire Assessment. This includes the answers to the assessment given by candidates and users, as well as the calculated scores based on these answers. Candidates can withdraw their application from an employer at any time, but cannot remove their account fully for a duration of at least one (1) year. This is to allow us and our users to follow local, state and federal laws pertaining to the retention of hiring data.
THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE Test Match Hire SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES WHATSOEVER. Test Match Hire AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Test Match Hire AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. Test Match Hire DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE Test Match Hire SITE WILL BE CORRECTED. TEST MATCH HIRE AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. TEST MATCH HIRE AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE TEST MATCH HIRE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE TEST MATCH HIRE SITE.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE FORMS AND CONTENT ON THE TEST MATCH HIRE SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.
Technical support is only provided to paying account holders and is only available via email and limited phone support. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES SHALL Test Match Hire OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR TEST MATCH HIRE SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF TEST MATCH HIRE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR TEST MATCH HIRE SITE, FROM INABILITY TO USE THE SERVICES OR TEST MATCH HIRE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR TEST MATCH HIRE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR TEST MATCH HIRE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE TEST MATCH HIRE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Test Match Hire or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of Test Match Hire.
Questions about the Terms of Service should be addressed to firstname.lastname@example.org.
Questions about billing should be addressed to email@example.com
Test Match Hire is a product of Thalento®
1177 Avenue of the Americas, 7th floor
New York, NY 10036
United States of America