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General terms and conditions of sale
MRCS HK LIMITED publishes the Iqtestacademy.org website which can be accessed at the following URL address
https://www.iqtestacademy.org/
The purpose of these GTC is to define the conditions of online sales on the Site. These GTC are accessible at any time on the Site and shall prevail over any other document, whether contractual or not (communications, proposals and all agreements, whether prior or contemporary, oral or written, between the User and Iqtestacademy.org including, but not limited to, any previous version of the GTC, quotations, email exchanges, etc.).
The User declares that he/she has read these GTCs and the Privacy Policy and has accepted them by using the Services before the Order procedure is implemented. The ticking of the box thus made by the User when placing an Order implies full and complete acceptance of these GTC.
If the User does not accept the GTC, he/she may not use the Services offered on the Site.
For more information on editorial responsibility, Iqtestacademy.org invites the User to refer to the "legal notice" section of the Site.
For more information on the processing of personal data, Iqtestacademy.org invites the User to refer to the "Privacy Policy" section of the Site, which can be accessed here https://www.iqtestacademy.org/privacy-policy.
Article: Definitions
In these General Terms and Conditions of Sale, the Privacy Policy and the Legal Notice, the terms referred to below shall have the following meaning:
"GTC": refers to these General Terms and Conditions of Sale;
"Order": refers to the ordering of one or more Services in accordance with the terms and conditions set out in the article "Ordering Procedures";
"User Space": refers to the User's personal account enabling him/her to access the Services;
"Iqtestacademy.org": refers to the company that publishes the Site;
"Services": refers to all the services offered by Iqtestacademy.org on the Site;
"Site": refers to the following domain name https://www.iqtestacademy.org/;
"User": refers to a natural person of legal age and capacity, not acting as a professional, who subscribes to one or more Services;
Article: Prices
Iqtestacademy.org offers several Services for sale via the Site. A premium version of the test (paid) and a basic version of the test (5 questions) which is accessible free of charge here.
The essential characteristics of the Services (including their prices) are determined by Iqtestacademy.org and are indicated on the pages containing the description of the Services on the Site. The User is obliged to read them before placing an Order.
All prices are indicated in euros including all taxes but may be paid in other currencies, which can be consulted on the order summary page.
Prices may be changed at any time by Iqtestacademy.org without notice. The price is immediately payable.
Article: Account creation
To be able to place an Order and use the Services, the User must first complete the test and enter an e-mail address associated with his/her User Space.
When creating the User Space, the User is asked to choose a valid email address to identify him/her and to allow a faster connection when using the Services.
The User will also fill in a form at a later date to provide the data required to process his Order (surname, first name, bank details and, where applicable, a discount coupon).
In all cases, the User affirms that he/she is 18 years of age or older, as the Service is not intended for persons under the age of 18. If the User is under 18 years of age, he/she may not use the Service.
Article: Conditions for placing the Order
The User selects the Services he/she wishes on the Site and places an order in the following manner:
Article: Terms of payment of the price
After validation of the Order, the User pays the price of the Service by credit card to Iqtestacademy.org.
The User acknowledges that the communication of information relating to his/her bank card is tantamount to authorising the debiting of his/her bank account to the benefit of Iqtestacademy.org, up to the total price of his/her Order, including costs and VAT.
Iqtestacademy.org shall not be obliged to provide the Services ordered by the User if the User does not pay the price to Iqtestacademy.org in full under the conditions indicated above.
As soon as the transaction has been definitively concluded, Iqtestacademy.org and/or the payment provider will send the User, electronically, a bank receipt, an invoice and a summary of his/her Order by e-mail to the e-mail address that he/she has provided.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on the Site: Paykickstart.
After the transaction has been definitively concluded, the User will have the possibility to order other services from his customer area. To facilitate the User's experience, the credit card information previously used will then be automatically used by the payment provider (Paykickstart) to complete the new order. As soon as this new transaction has been definitively concluded, Iqtestacademy.org and/or the payment provider will send the User, electronically, a bank receipt, an invoice and a summary of his Order by e-mail to the e-mail address he has provided.
Article: Right of withdrawal
Due to the nature of the Services, i.e. digital goods made to the consumer's specifications or clearly personalised, and immediately available, the User may not exercise his/her right of withdrawal or refund after the transaction.
Article: Availability of the Site and/or Services
Iqtestacademy.org endeavours to keep the Site and the Services accessible, 7 days a week and 24 hours a day, but is under no obligation to do so. Thus, Iqtestacademy.org does not guarantee that the Services will function without interruption, failure or malfunction, nor the absence of computer or other errors, nor that any defects found will be corrected, which the User expressly acknowledges.
Iqtestacademy.org makes no commitment as regards the performance of the Site and Services and may in particular interrupt, for a given time or not, all or part of the access to the Site or Services, in particular, for reasons of maintenance and upgrading, or for any other reason, in particular technical and/or in the event of force majeure, without any obligation to inform Users in advance and without such an interruption giving rise to any right to compensation or reimbursement.
The use of the Services is under the full responsibility of the User and implies the full recognition and acceptance by the User of the characteristics and limits of the networks, and more generally of the electronic communication services, in particular with regard to technical performance, response times for consulting, querying, transmitting or transferring information, the risks involved in the use of the Services, and the risks associated with the use of the Services, transmit or transfer information, the risks of interruption or malfunction of the networks or systems, the risks associated with the connection, the problems associated with the congestion of the networks or computer systems, the lack of protection of certain data against possible misappropriation and the risks of contamination by possible viruses circulating on the networks and for which Iqtestacademy. org cannot be held responsible.
Article: Intellectual property
All the contents of the Site, including, but not limited to, graphics, images, texts, videos, animations, sounds, logos, gifs and icons, as well as their layout, are protected by intellectual property rights, and in particular by trademark rights, design rights and/or copyright and database rights in Hong Kong and abroad.
The Services and their content, the general structure of the Site, the editorial content, images, photographs, sounds, videos or multimedia, the software and databases used and all other content presented on the Site and in the Services are protected under copyright, neighbouring rights and/or the sui generis right of the producer of the database, and in general, by the common law of civil liability as well as by applicable international conventions.
Iqtestacademy.org and/or third parties are the sole holders of the aforementioned intellectual property rights on all the content presented on the Site and in the Services.
The User undertakes to respect these rights.
In this respect, and under penalty of civil and/or criminal proceedings, unless expressly agreed by Iqtestacademy.org, the User undertakes in particular not to :
- reproduce, represent, modify, publish, adapt on any medium whatsoever, by any means whatsoever, all the elements present on the Site or the Services;
- carry out any attack on the computerised systems used to provide the Services, including any intrusion or attempted intrusion;
- reverse engineer all or part of the Services;
- compile, decompile or disassemble all or part of the Services;
- distribute and/or disseminate copies of all or part of the Services;
- remove or delete any proprietary notices and/or information contained in all or part of the Services;
- resell, rent, sublet or transfer in any way whatsoever the Services to a third party.
Any reproduction and/or representation, in whole or in part, on any medium whatsoever, of the distinctive signs or content presented on the Site, including the information and/or data, without the prior written authorisation of Iqtestacademy.org, is prohibited and constitutes, in particular, an infringement of copyright and may, as such, incur the civil and criminal liability of its author.
More generally, any use outside the framework defined in these GTCs would be tantamount to an act of counterfeiting, which exposes the User to legal, civil or criminal proceedings under the legislative and regulatory provisions in force.
Article: Liability
Iqtestacademy.org shall only be liable for direct damage resulting from poor performance of the Services, to the exclusion of any indirect damage.
The User is solely responsible for any direct or indirect damage that he/she may suffer as a result of inaccurate, incomplete and/or misleading information that he/she provides at the time of registration or in the absence of updating of this information, the consequences of which he/she alone shall bear.
Each User is required to take out a personal civil liability insurance policy, covering him/her for any damage that he/she may cause to third parties by his/her own doing in connection with the Services.
Iqtestacademy.org shall not be liable for any damage arising from the User's subsequent use of the Services. The Services are intended for recreational use only, may not have an official character and may not be interpreted or used in conjunction with any third party.
In any case, the liability of Iqtestacademy.org, under or in connection with the Services, shall be limited to the total price of the Service ordered.
It is expressly agreed between the Parties that they can only be held liable for a period of one year from the date of knowledge of the damage or the date on which they should have known about it.
By express agreement, the data in the User Space or linked to the User shall constitute the main mode of proof between the Parties.
Article: Guarantees
Iqtestacademy.org undertakes to make its best efforts to provide the Services ordered by the User. However, as the provision of the Services is conditional on the intervention of third parties and in particular the User, Iqtestacademy.org can only be held to an obligation of means.
Furthermore, Iqtestacademy.org cannot guarantee any test results. The latter is in fact variable depending on the individual and varies according to the intellectual skills of each person.
The User acknowledges that he/she alone is responsible for all the consequences and risks that may be associated with the presentation of the test results to any third party.
The User acknowledges that he/she is aware that the results of the test which is the subject of the Services are not carried out by a health professional or a psychologist. Consequently, the User acknowledges that the results of the test are not a substitute for those carried out by the latter.
Finally, the User acknowledges that the tests offered by Iqtestacademy.org have been designed and developed by Iqtestacademy.org alone. Iqtestacademy.org only certifies the origin of the tests offered. These tests do not claim to comply with any methodology developed by a third party.
Article: Sanctions
Iqtestacademy.org reserves, at its sole discretion, the possibility of temporarily or permanently suspending, without any prior warning or compensation whatsoever, access to the User's Services in the event of :
- insolvency ;
- actions that contravene the provisions of the Intellectual Property Code and other French legal provisions;
- failure by the User to comply with any of the obligations incumbent on him/her under these GTC.
The penalties described above may be imposed without prejudice to any criminal or civil proceedings that the User may be subject to on the part of the public authorities, third parties or Iqtestacademy.org.
In any case, Iqtestacademy.org reserves the right to cancel or refuse any Order from a User with whom there is a dispute relating to the payment of a previous Order.
Article: Force majeure
Iqtestacademy.org shall not be held liable for any delay in the performance or non-performance of our obligations resulting from the GTCs that fall under a case of force majeure.
By express agreement, the following are considered to be cases of force majeure, in addition to those retained by Article 1218 of the Civil Code and without the list below being restrictive: strikes and internal social conflicts or necessary third-party suppliers, a stoppage in the supply of energy, a failure of the communication and hosting networks on which Iqtestacademy.org depends, a failure of the computer systems and software on which Iqtestacademy.org depends.
The occurrence of a case of force majeure suspends the performance of obligations, with the exception of the obligation to pay the sums owed to Iqtestacademy.org until the day on which the case of force majeure ceases.
Article: Personal data
When browsing the Site or placing an Order, the User is required to provide Iqtestacademy.org with personal data concerning him/her in order to use the Site or benefit from the Services. This processing of personal data is necessary for the performance of these GTC and is carried out in accordance with the regulations applicable to the protection of personal data.
To consult all additional information on the processing of the User's personal data by Iqtestacademy.org, the User should refer to its "Privacy Policy", which can be accessed here: https://www.iqtestacademy.org/privacy-policy.
Article: Miscellaneous provisions
Any failure by Iqtestacademy.org to exercise or enforce any right or provision of these GTCs shall not constitute a waiver of such right or provision.
Iqtestacademy.org reserves the right to modify all or part of these GTC. In any case, the GTC will be regularly adapted to meet legal and regulatory requirements. These new general terms and conditions will only be applicable to the User once he/she has expressly accepted them by proceeding, for example, with a new Order on the Site or by accepting the general terms and conditions when logging on to his/her User Space.
The User may consult the most recent version of the GTC at any time on this page.
If the User wishes to save the GTC on his terminal permanently, the User may download them free of charge in the form of a ".pdf" file at the present URL by clicking on the "Download GTC" icon.
In order to improve the quality of the Services, Iqtestacademy.org reserves the right to update and modify the Services, of which the User is informed and which he accepts.
Article: Applicable law - Amicable resolution
These Terms and Conditions shall be governed and construed in accordance with the laws of Hong Kong.
Prior to any referral to a court, the User undertakes to inform Iqtestacademy.org of his/her complaint by email to contact@iqtestacademy.com and to seek an amicable resolution of the dispute.
Under no circumstances may a dispute be brought, heard or arbitrated as a class action.
Contact : contact@iqtestacademy.com
MRCS HK LTD
UNIT 2A, 17/F, GLENEALY TOWER NO.1 GLENEALY CENTRAL HONG KONG