Purchase and Use Terms Updated October 5, 2021.
By using this website and products and services offered on pixonality.com, you agree to these conditions of purchase and use.
Pixonality online assessments and automated report products (“Pixonality products and reports”) are offered as a solution of Solutions Pixonality Inc. (“Pixonality”) and were primarily created to enable organizations to make informed decisions about candidate fit to a specific job family profile. Your use of Pixonality products is governed by these Terms and Conditions (“Terms”). You should not use Pixonality products if these Terms are unacceptable to you.
Intellectual Property Rights
The Pixonality products including, without limitation, its technology, assessment content, design, text, graphics and all the complex set of software and source codes connected with the Pixonality products, are protected by copyright, trade-marks, patents and other intellectual property rights under Canadian and international laws which are owned by Pixonality or, as the case may be, its licensors. Excluding the specific assessments made available for limited use by Pixonality in accordance with these Terms, you are only entitled to use the content of the Pixonality products in accordance with these Terms.
You will not use the Pixonality products for any purpose that is unlawful or prohibited by these Terms or in any manner that infringes any copyright, trade mark, patent or other proprietary right of Pixonality or any party. You agree that you will not attempt to, or encourage or assist any other person to, circumvent reverse-engineer, decompile, disassemble, or otherwise tamper with or modify any security technology or software that is part of the Pixonality products.
Trademark and Copyright Guidelines
You may not use the Pixonality ® trademark without prior written permission from Pixonality. If you are authorized by Pixonality to use the Pixonality ® trademark, you must always use an appropriate trademark acknowledgment. A trademark acknowledgment alerts the readers to the ownership of the trademark. You must use the acknowledgement in printed materials and in websites. (Example: Pixonality® is a registered trademark of Solutions Pixonality Inc.) Pixonality reports may not be reproduced in any form without the written permission of Pixonality. The trademark may be used in a factual context to identify the use of the reports. You shall not use any Pixonality trademark in any manner that states or implies that the services being provided by you in connection with the Pixonality products are provided by or sponsored by Pixonality, or that you are employed by, affiliated with, or sponsored by Pixonality.
Pixonality Products Usage Rules
You are authorised to use the Pixonality products only for internal and non-commercial use, and you are not permitted to distribute, redistribute, download, copy, reproduce, store, sell, rent, lend, transfer, assign, transmit, broadcast, adapt, edit, commercially exploit or sub-licence content made available through our Pixonality products.
You agree not to : (i) use the Pixonality products to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise; (ii) use any information or material in any manner that infringes any copyright, trade mark, patent or other intellectual property or proprietary right of any party; (iii) make available or upload files/materials that contain a virus, worm, trojan or corrupt data that may damage the operation of the Pixonality products, Pixonality, website, computer or property of another; (iv) impersonate any person or entity for the purpose of misleading others; (v) violate any applicable laws or regulations; (vi) use the Pixonality products in any manner that could damage, disable, overburden or impair the Pixonality products or interfere with any other party’s use and enjoyment of the Pixonality products; (vii) post, publish, distribute or disseminate material, personal information or other information that you do not have a right to transmit under any law (including under data protection, privacy and/or anti-spam law) or that is under contractual or fiduciary relationships (such as insider information or confidential information disclosed in the course of employment or under a confidentiality agreement); (viii) attempt to gain unauthorised access to any of the Pixonality products, other customer accounts, computer systems or networks connected to the Pixonality products through hacking, password mining or any other means.
Informed Consent
Pixonality requires that all individuals who take the assessment included in the Pixonality products do so on a voluntary basis, and give their informed consent prior to participating in the assessment process. In order for individuals taking the assessment to give their informed consent, Pixonality is requiring that individuals be provided with information pertaining to the purpose of the assessment, the likely use of the assessment data and related personal information by the organizations requiring that the individuals take the assessments, as well as how their personal information will be protected. By initiating the assessment, the participant shall expressly consent to the processing, including storage, copying, deletion, printing, transfer, aggregation and use of the data as detailed in the consent form and Pixonality privacy policy. Purchasers who receive access to individual results have an obligation to protect the personal information and the privacy of the individual and undertake to comply at all times with data protection, privacy, labor and human rights laws when using the Pixonality products. Individuals who take the assessment understand that their personal information may transit by or reside on a storage media or server located in the United States of America and as such, that their personal information may be available to government authorities under lawful orders and laws applicable there. The dissemination of assessment results to the participants is the sole responsibility of the organizations purchasing the Pixonality products and individuals should make any access requests directly with such purchasers.
Users of Pixonality products must be at least 18 years of age to agree to and enter into a contract on their own behalf. If a user is under 18, he/she must present these Terms or any consent form to their parent or legal guardian, and he or she may consent on behalf of their child.
Representations, Warranties, and Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY AS IT SETS OUT THE LIMITATIONS OF OUR LIABILITY TO YOU:
Pixonality warrants that it will provide the Pixonality products with reasonable skill and care and substantially as described in these Terms. Pixonality does not make any other promises or warranties about the Pixonality products. To the extent permitted by law, Pixonality will not be liable under these Terms for any loss or damage caused by Pixonality or any of its employees or agents in circumstances where there has been no breach of a legal duty of care which is owed by Pixonality or any of its employees or agents and/or the loss or damage is not a reasonably foreseeable result of any breach of these Terms.
Pixonality will not be liable under these Terms for any increase in loss or damage you suffer resulting from your breach of these Terms. To the extent permitted by law, Pixonality’s liability for losses you suffer as a result of us breaching these Terms and in connection with your use of the Pixonality products is limited to the value of your purchase of the Pixonality products. You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by Pixonality as a result of your breach of these Terms or default in the discharge of your obligations.
In the absence of any negligence or other breach of duty by Pixonality, the use by you of the Pixonality products is entirely at your own risk. To the extent permitted by law, the Pixonality products are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, Pixonality will not be liable for any indirect or consequential loss or damage whatsoever or for loss of business, opportunity, data, profits arising out of or in connection with the use of the Pixonality products and Pixonality makes no warranty that the Pixonality products will meet your requirements, that content will be accurate or reliable, that the functionality of the Pixonality products will be uninterrupted or error free, that defects will be corrected or that the Pixonality products or the server that makes them available are free of viruses or anything else which may be harmful or destructive. If you are dissatisfied with any Pixonality products, your sole and exclusive remedy is to discontinue using the Pixonality products.
Indemnification
You agree to indemnify and hold Pixonality, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates harmless from and against any breach by you of these Terms and any claim or demand brought against Pixonality by any third party arising out of your purchase and/or use of the Pixonality products, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Pixonality in consequence of your breach of these Terms, your purchase and/or your use of the Pixonality products.
Passwords, Accounts, and Access Codes
To access Pixonality products, you will need to provide an email address, username, and password during the account creation process. You are responsible for maintaining the confidentiality of passwords and account information and are responsible for all acts or omissions that occur while your password or account is used. You agree to notify Pixonality immediately of any unauthorized use of your password or account or any other breach of security and to ensure that you exit your account at the end of each session. Pixonality cannot and will not be liable for any loss or damage arising from your failure to protect your password and account information.
Each individual will receive an access code to participate in the Pixonality product assessment purchased. Purchasers are responsible for the distribution of access code(s) and for any uses, acts, or omissions while their access code(s) are being used. If you change the information about a candidate to use the same code for a different candidate, you are responsible for notifying the first candidate not to use this link. If the first candidate has already started the test, you may not reuse the same code for a different candidate, even if you were able to change the information for the candidate or the person who will receive the report. You acknowledge, consent and agree that Pixonality may access, preserve, and disclose your account information, content and account data if required to do so by law.
Purchases and Payments
You agree to pay or have paid all fees and charges incurred in connection with your email address and password for Pixonality products (including any applicable taxes) detailed on the Pixonality website at the rates in effect when the charges were incurred. All fees and charges are non-refundable. Pixonality may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All purchases are final. No refunds will be granted.
Privacy and Protection of Personal Information
The provisions of the Pixonality Privacy Policy are incorporated into these Terms. Acceptance of these Terms implies that you have read and understand how we collect and use information about you or individuals that come into contact with Pixonality and that you accept those provisions.
Breach of Terms
If you are in breach of, or we suspect you are in breach of these Terms, then we may, to the extent permitted by law, take any/all of the following actions: (i) issue a warning to you; (ii) effect an immediate, temporary or permanent withdrawal of your access to your account and/or the Pixonality products (however you will remain responsible for all outstanding amounts on your account); (iii) take legal action against you; and/or (iv) disclose such information to law enforcement authorities as we reasonably feel is necessary or any other action we reasonably deem appropriate.
Modifications and Termination
You may terminate your account at any time by discontinuing use of Pixonality products. To the extent permitted by law, Pixonality has the right to terminate your access to any or all of the Pixonality products at any time, without notice, for any reason, including without limitation, breach of these Terms. Pixonality may also at any time, at its sole discretion, modify, suspend or discontinue the Pixonality products or any part thereof (including the availability of any feature, database or content) without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Pixonality products.
Professional Conduct Rules
If you are purchasing or accessing Pixonality products for use by someone other than yourself, you are responsible for complying with the additional Professional Conduct Rules detailed in these Terms. In your use of the content, any related Pixonality materials, or the individual results of another individual for the purposes of coaching, training, or consulting with that individual or an organization, you agree to conduct yourself in a way that reflects positively on Pixonality. The following Professional Conduct Rules are the minimum expectations Pixonality places on the relationships you create with individuals or organizations.
- You acknowledge that nothing in the Terms shall be construed as creating a partnership, joint venture, agency relationship, or the granting of a franchise between Pixonality and you.
- You shall not make any representations, warranties, or guarantees to anyone on behalf of Pixonality.
- You shall not advertise, promote, or suggest in any manner that the services you provide to individuals or organizations in connection with the Pixonality products are provided by or sponsored by Pixonality,
- You will respect the confidentiality of the individual’s or organization’s information, except as otherwise authorized by the individual or organization or as required by law.
- You will obtain prior consent from the individual or organization before releasing their names as clients or references or any other identifying information.
- You will obtain agreement from any person you consult with before releasing information to another person compensating you.
- You will accurately create, maintain, store, and dispose of any records of work done in relation to the practice of consulting in a way that promotes confidentiality and complies with any applicable laws.
Law and Forum for Disputes
The laws of the Province of Quebec shall apply to the interpretation of these Terms notwithstanding any conflict of law provisions. All proceedings relating to the Pixonality product or to these Terms shall be brought before the courts of the Province of Quebec. [The courts in some jurisdictions will not apply Quebec law to some types of disputes. If you reside in one of those jurisdictions, then where Quebec law is excluded from applying, the laws of your jurisdiction will apply to such disputes related to these Terms. Otherwise, you agree that the laws of Quebec will apply to any disputes arising out of or relating to these Terms. Similarly, if the courts in your jurisdiction will not permit you to consent to the jurisdiction and venue of the courts in Quebec, Canada, then your local jurisdiction and venue will apply to such disputes related to these Terms. Otherwise, all claims arising out of or relating to these Terms will be litigated exclusively in the provincial or federal courts of Quebec, Canada and you and we consent to personal jurisdiction in those courts.]
General
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign these Terms, including, following or in the event of a business transaction. Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.
Changes to these Terms
Pixonality may, in its sole discretion, modify or revise these Terms and may impose new or additional terms at any time by updating or modifying the Terms. Changes to the Terms will be posted on any website where Pixonality products can be purchased and will become in effect thirty (30) days after the new Terms are posted. Thus, Pixonality encourages all users to visit the website and/or the Terms periodically to review the Terms. You understand and agree that if you use the Pixonality products after such date, Pixonality will treat your use as acceptance of the updated Terms.
Language
The parties hereto have agreed that these Terms and any of its accessories, including notice, be written in the English language. Les parties aux présentes ont exigé que ce contrat et ses accessoires, y compris tout avis, soient rédigés en anglais. Please note that both the English and French versions of these Terms have equal legal value.
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