1. 1. Terms

Access to and use of the content on website www.expivotal.com (“Website”) are provided by Expivotal Consultancy Limited (“Company”) and are subject to the following terms and conditions. You agree that the use of the Website constitutes your acceptance of these terms and conditions, which take effect on the date when you first use the Website. The Company reserves the right to amend, add to, delete or revise these terms and conditions at any time by posting the changes online and you are advised to visit this page periodically to review the terms and conditions since they apply to you. Your continued use of the Website after the changes are posted constitutes acceptance of this agreement as modified by the posted changes. The terms “you”, “user” and “users” herein refer to all individuals and/or entities accessing and/or using the Website at any time for any reason or any purpose. All references to “we”, “us”, “our” shall be construed to mean this website business and Expivotal Consultancy Limited. 

1. 2. Website Use

Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. You are not authorised to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) “frame” or “mirror” the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.

1. 3. Description of the Services

The Website offers a range of services designed to map personality factors and competency dimensions for the amusement of the User. The factors and dimensions measured by the Site and their interpretation are provided solely for indicative purposes and, while attempting to reflect the User’s actual personality and competency to the greatest extent possible, they are not a substitute for a professional medical opinion. The assessment may be taken free of charge; only access to the complete report setting out the results of the assessment may require payment. You may purchase assessment reports, support materials, and other materials (collectively, “Products”). You may also purchase consultation service (“Service”) upon your completion of assessment. The Company shall use its reasonable endeavors to provide results that are as accurate as possible. Notwithstanding the foregoing, the Company shall not be liable for any omissions or inaccuracies or any defects in any update, whether caused by the Company or any third party supplier of information. All information and services provided via the Website are provided for indicative purposes only, are not exhaustive, and are subject to change. Such information and services are provided subject to any changes that may have been made since they were first made available online.

1. 4. Data and Privacy

Your use of the Website requires the collection and processing of your personal information. Your personal information will be used in accordance with our Privacy Policy, as updated from time to time and made available on the Website. The Company agrees to comply with applicable laws governing the use of, disclosure of, and access to such personal information. At all times, we reserve the right to retain all data generated via the Website in non-personally identifiable format for our research, development, and other business purposes.

1. 5. Minors

If you are under the age of 18, or you are considered as a minor or not being capable of assuming legal responsibility, you are not allowed to use the Website if you might incur any legal obligations or liabilities in doing so. If you wish to view and access the Website, you should seek advice from your parents or guardians as to the meaning and consequences of these terms and conditions. The Company presumes that every user of the Website is of legal age. The Company is not obliged to verify your age but in the event it is discovered that any user of the Website is not of legal age, the Company reserves the right as may be available against such users, or the parents or guardians of such users, including the right to terminate access to the Website.

1. 6. Orders, Fees, & Payment Terms

Orders may be placed online using the “All Services” section of the Website. Rates for all Products and Services are as listed on the Website. Fees for Products and Services must be paid upfront by credit card, bank transfer, and any other means stated in the Website unless you have a separate, written agreement with us allowing for another arrangement. If you are set up to order Products and Services via purchase order (through contact with your sales representative), then all payments shall be made payable to Expivotal Consultancy Limited in Hong Kong. Payments are due thirty (30) days from the invoice date. Payments not received within thirty (30) days will be considered late and will bear interest at the rate of one and one-half percent (1.5%) per month (or the maximum amount permitted by law, whichever is lower) on the unpaid balance from the payment due date until the date actually paid. If any charge owed is thirty (30) days or more overdue, we may, without limiting its other rights and remedies, restrict your access to the Site until such amounts are paid in full, along with applicable late fees. Upon the occurrence of any event giving rise to any entitlement to a refund, the User may request such refund by contacting the Company directly by email within seven (7) clear days of purchase.

1. 7. Warranties and Liabilities

The Website and the information provided therein are provided on an “AS IS” basis without warranties of any kind, express or implied, to the fullest extent permitted by law. The Company disclaims all warranties, whether express or implied, including any warranties of merchantability, availability of featured products or services, fitness for particular purpose and non-infringement.

The Company reserves the right to monitor the Website and its contents at any time, but is not obliged to do so. The Company takes no responsibility whatsoever for any material on the Website that is not posted by the Company or is otherwise posted by the Company on behalf of a user. All users acknowledge and agree that they are fully responsible for the form, content and accuracy of any information, data, and/or material submitted by them to the Company or that is otherwise posted by them on or through the Website. The Company does not warrant that the Website is or will be at any time error-free, that the Website and its server is or will be at any time free of computer viruses or other harmful mechanisms, that any defects will be corrected, or that the operation of the Website will be uninterrupted, timely or secure. If your use of the Website, the merchandise or the materials results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs. All users use the Website and any other websites accessed through it, at entirely their own risk. All users shall be responsible for their own communications and are responsible for the consequences of their posting. The Company reserves the right to expel any user and prevent their further access to the Company’s Website, at any time for breaching the Terms and Conditions or violating the law and regulations and also reserves the right to remove any message or material from the Website that, in its sole discretion, the Company deems unacceptable, abusive, illegal or disruptive. 

The Website may contain links to third-party websites. These are provided solely as a convenience to the user and not in any way as an endorsement by the Company of the contents on such third-party websites. If any User accesses any linked third-party website, they do so entirely at their own risk. The Company is not responsible for the content of any third-party website linked to its website and does not make any representations or warranties regarding the contents or accuracy of materials on such third-party websites. Further, any materials posted in the Website by any user may be viewed by users of other websites linked to the Website and the Company will not be responsible for any improper use by any user or third party from linked third-party websites of any data or materials posted on the Company’s Website. 

In no event shall the Company, or any third parties mentioned on the Website assume responsibility or be liable (to the extent permitted by law) for any damages or injury whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Website, the merchandise and the materials, or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, interception of online communication, software or hardware problems (including without limitation loss of data or compatibility problems), theft, destruction or alteration of the Website, whether for breach of contract, illegal behaviour, negligence or, under any other cause of action resulting directly or indirectly from any use of the Website, or any uploading, downloading or publication of data, text, image or other material or information to or from the Website and whether or not the Company is advised of the possibility of such damages.

1. 8. Intellectual Property Rights

All contents of the Website, including without limitation information, text, graphics, images, layout, designs, pictures, logos, editorial content, HTML and other proprietary materials on the Website (collectively “Contents”) are the intellectual property of the Company and are protected by copyright, trademark, patent and other intellectual property laws. Users acknowledge and agree that the Contents are made available solely for their personal non-commercial use. Except as otherwise provided in this paragraph, users shall not procure, assist or facilitate any third party to, copy, reproduce, transmit, publish, disseminate, distribute, redistribute, broadcast, circulate, store (in any medium), display, modify, sell or transfer or participate in the sale or transfer of or offer for sale of, create derivative works from, or in any way exploit any of the Contents, whether in whole or in part.

Users may download or copy the Contents solely for their personal non-commercial use and/or users that are expressly permitted in these Terms and Conditions, provided that users will not delete or amend any symbols or statements in the Contents that indicate the subsistence therein of copyright, trademark and any other proprietary rights.

1. 9. Support, Downtime, & Availability

If you need assistance with purchasing and using our Products and Services, we will provide you with limited, basic support (as determined by us in our sole discretion). Please contact us using the information located in the “Contact Us” section of the Website.

The Company will use commercially reasonable efforts to make the Website available at all times except for planned downtime and unavailability caused by circumstances beyond our reasonable control, including without limitation: acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, equipment malfunctions, power failures, Internet service provider failures, and other technology failures. Notwithstanding any of the foregoing, you have no expectation regarding the availability or functionality of the Site. You agree that your purchases are not contingent upon the delivery of any additional functionality or any additional support from us.

1. 10. Termination

In the event that any information provided by the user is inaccurate, in breach of any laws or contains indecent elements, the Company shall instantly abrogate the User’s access to the Website and any Products and Service without notice and reserves the right to take such action as it considers appropriate, desirable or necessary including but not limited to taking legal actions against such user. The Company reserves the final right and absolute discretion to decide whether the Users have breached any terms of this agreement. In case the Company has not exercised the right under this Clause, it shall not be deemed to be a waiver.

1. 11. Security Measures

The Company will use its reasonable endeavours to ensure that its officers, directors, employees exercise their prudence and due diligence in handling the personal data submitted by Users and that access to and processing of the personal data by such persons is on a “need-to-know” and “need-to-use” basis. The Company will use its reasonable endeavours to protect Users’ personal data against any unauthorised or accidental access, processing or erasure of the personal data.

1. 12. Governing Law & Jurisdiction

The Terms and Conditions and any dispute or matter arising from or incidental to the use of the Website shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China.

1. 13. Miscellaneous

No failure or delay on our part to exercise any right or remedy under these terms and conditions is to be construed or operate as a waiver, nor does any single or partial exercise of any right or remedy by us preclude the further exercise of that right or remedy by us. If any one or more of these Terms and Conditions, or their application in any circumstance, is held invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of that term or condition in any other respect and the remaining Terms and Conditions shall not in any way be impaired. The Company may vary these Terms at any time. If the Company varies these Terms, it will provide notice by publishing the varied Terms on the Website. Users shall review this Website’s Privacy Policy which also governs your visit to this Website.

August 2020 version