Part 2: Full terms and conditions
“us” means Thomas International UK Limited or “Thomas” of 1st Floor, 18 Oxford Road, Marlow Bucks SL7 2NL (registered in England and Wales as a limited company under company number 02518079) – VAT number [GB306572706].
“you” means the person who buys or agrees to buy the Products from Thomas (as defined below) together with any other person or persons for whom the Products are purchased or to which access is given.
“Products” means the assessment services, course materials, training services, and any other goods or services which the Buyer agrees to buy from Thomas whether bought directly in money, or indirectly through the purchase of units.
2. THESE TERMS
2.1 “Your Personal Profile” (which we refer to in these terms as the “Assessment”) has been designed by Thomas as set out in section (c) of Part 1 of these terms, above. A sample of the personal profile report that will be created for you if you complete the Assessment is available here.
2.2 What these terms cover. These are the terms and conditions on which we supply digital content to you, specifically the Assessment, and apply in respect of all access to and use of the Products. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Assessment to you, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss – our details are below.
3. INFORMATION ABOUT US AND HOW TO CONTACT US
3.1 Who we are. We are Thomas International UK Limited, a company registered in England and Wales. Our company registration number is 01568983 and our registered office is at First Floor, 18 Oxford Road, Marlow, Buckinghamshire, England, SL7 2NL.
3.2 How to contact us. You can contact us by telephoning our customer service team or by writing to us – details are provided on our “Contact Us” page here.
3.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address you provided to us in your order.
4. YOUR ORDER
4.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it following receipt of your payment in accordance with paragraph 11.4 of these terms and conditions.
4.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Product. This might be of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet your order for other reasons.
4.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
5. OUR PRODUCTS
5.1 Reports may differ slightly from samples provided. The sample reports of the Assessment on our website are for illustrative purposes only. Your Assessment may vary slightly from those samples.
5.2 No guarantee: We do not guarantee that every statement in the report will accurately describe your view of yourself or that the information contained therein will be sufficient to make any career or personal development related decisions.
5.3 18 and over only: Please note that all products we supply are for sale to, and use by, those aged 18 or over only. By placing an order on our website you are representing that you are aged 18 or over.
6. PROVIDING THE PRODUCTS
6.1 One you have completed the Assessment, you will be provided with access to download your report. The report will be provided in English
6.1 There's no need to download or install any software on your computer to access the Products. However, we recommend that you access the Products using the most up-to-date version of any modern browser that's compatible with your computer's operating system in order to properly access the Assessment and report.
6.3 We recommend that you complete the Assessment using a modern computer, in a quiet place with no distractions.
6.4 We warrant that the Products you are purchasing will be as described, fit for purchase and of satisfactory quality. You accept and acknowledge that any Products which are provided to you without you having undertaken appropriate training as directed by us may lead to the results of such Products being misinterpreted by you.
6.5 We do not warrant that access to our website or the Products hosted on our website will be uninterrupted or error-free. Access to our website and the Products hosted on the website may be suspended temporarily and without notice in the case of a system failure, maintenance or repair or for other reasons beyond our control.
6.6 If you should encounter technical difficulties in accessing the site, assessment profiling tool or your report, you should promptly contact our customer support department.
7. YOUR USE OF THE PRODUCTS
7.1 In return for payment of the purchase price and your agreeing to comply with these terms, you are granted a non-exclusive, revocable licence to access the assessment for your individual personal use as set out in these terms.
7.2 By using or accessing the Products you agree to be bound by:
7.2.1 these terms;
7.2.2 our Privacy Notice and Cookies Notice; and
7.3 You may not copy, reproduce, print or share with others:
7.3.1 any part of the assessment profiling tool without our specific, prior written consent; or
7.3.2 any part of the Products, the report or our website, other than as you may reasonably require for the lawful, ordinary purposes of your personal career development or for your personal records,
without our specific, prior written consent.
7.4 You agree that you will not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Product (including the Assessment and the report) or our website.
7.5 You agree that you are purchasing the Product for individual, non-commercial use only and that your access to the Product is not to be shared among multiple users. If the Product is accessed more times than a reasonable individual average user then we reserve the right to block your account from future use of the Product.
7.6 You agree not to use any part of the Products or our website in a manner that could be considered defamatory, offensive or otherwise objectionable. Where we find your use of the Products to be in breach of this provision, we reserve the right to terminate your access to the Products and our website. If we choose to exercise this right you will not be entitled to receive a refund in relation of any payments made in connection with this or any other orders.
8. OUR OWNERSHIP OF THE PRODUCTS
8.1 You acknowledge that all copyright, trade marks, design rights, patents and other intellectual property rights in the Products, the Assessment, the report and our website are our absolute property (or that of our licensors) and that nothing in these terms grants you any rights in them other than the right to use them in accordance with these terms.
9. YOUR RIGHTS TO CHANGE YOUR MIND
Exercising your right to change your mind (Consumer Contracts Regulations 2013):
9.1 You have a legal right to change your mind within 14 days of your order and receive a refund.
9.2 If you have paid for the Assessment and you change your mind, you will only be eligible for a refund if you have not already begun to enter your responses to the assessment profiling tool and if you contact us to cancel your order within 14 days of placing your order in accordance with paragraph 9.3.
9.3 To request a refund where you have changed your mind, please contact us here or complete and return our model cancellation form (available here). Provided that the above conditions are met, we will refund you within 14 days of you telling us that you have changed your mind and wish to cancel your order.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 Most customer concerns or problems with the Products can be resolved quickly by our customer support team. If you have any questions or complaints about the Products, please contact us. You can contact us here.
We are under a legal duty to supply the Assessment in conformity with these terms and conditions. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
When you purchase an Assessment from us, the Consumer Rights Act 2015 says digital content must be “as described, fit for purpose and of satisfactory quality”.
If an Assessment is faulty, you’re entitled to a replacement. If we don’t provide a replacement within a reasonable time, you can get some or all of your money back.
If you can show our fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
11. PRICE AND PAYMENT
11.1 Where to find the price for the product. The price of the product (which is quoted as being inclusive of VAT unless stated otherwise) will be the price indicated on the order page when you placed your order.
11.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced, for example due to an error in our ordering system. If you think that the price is incorrect, please contact us before placing your order. If an Assessment's correct price at your order date is higher than the price stated to you, we may need to cancel your order and will contact you for your instructions before we accept your order at the correct higher price. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel your order, refund you any sums you have paid and require the return of any Assessments you have started or completed.
11.3 When you must pay and how you must pay. We accept payment via any of the payment methods shown and available during the 'check out' process on our website. You must pay for the product before you will be able to access the Assessment
11.4 Price changes. We reserve the right to change any prices displayed on our website at any time without prior notice.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms and conditions or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious to a reasonable person with no special knowledge of your circumstances that it will happen or if, at the time the order was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We are not liable for indirect losses, special or consequential losses. We will not be liable for either loss of savings or loss of data under any circumstances, even if such losses were foreseeable or specifically brought to our attention at any time.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including the right to receive Products which are: of satisfactory quality; materially in the same form as the sample available on our website and as described in these terms and supplied with reasonable skill and care and for defective Products under the Consumer Protection Act 1987.
12.3 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided or for damage which was caused by you failing to have in place the minimum system requirements advised by us.
12.4 This product is supplied to you for your personal, domestic and private use only, and you may not use it for any commercial purpose. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any businesses losses, including loss of profit, loss of business, loss of staff time, business interruption, or loss of business opportunity, in each case even if such losses were foreseeable or specifically brought to our attention.
12.5 We shall be under no liability in respect of any defect in the Products arising from any act or omission by you, abnormal working conditions, failure to follow our instructions (whether oral or in writing), or misuse or alteration of the Products without our approval.
12.6 We shall not be liable for any failure to carry out or delay in performing our obligations under these terms and conditions to the extent that such failure arises from circumstances beyond our reasonable control, including, but not limited to, a failure of internet or other communications or utility infrastructure.
12.7 Subject to paragraph 12.1 above, we shall be under no liability in respect of any misuse of the Products outside of its intended use or where any one or more of the following circumstances applies:
12.7.1 failure to access the Assessment in a manner that meets or exceeds the recommended minimum system requirements set out at paragraph 6.2;
12.7.2 use of any of the goods in isolation, rather than against a benchmark or job analysis and in conjunction with an appraisals interview;
12.7.3 use of the goods for clinical purposes;
12.7.4 use of the goods in isolation to justify any decision; and/or
12.7.5 use of the Products or the report, by you or anyone else, to justify redundancy.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
13.1 How we may use your personal information: We will only use your personal information as set out in our Privacy Notice, which can be found here. This notice contains information about your rights in relation to your personal data and how to exercise them and it is important that you read it.
14. OTHER IMPORTANT TERMS
14.1 Our right to transfer this agreement: We may transfer (or assign) our rights and obligations under these terms and conditions, to someone else or another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms and conditions.
14.2 You need our consent to transfer your rights to someone else: You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing in advance. We would not agree if such transfer would be in violation of any applicable laws or these terms and conditions, or where there is a genuine business reason which means that we are unable to accept such transfer.
14.3 Nobody else has any rights under this terms and conditions. This agreement is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 These terms remain in force: If a court finds part of these terms and conditions illegal or unenforceable, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing these terms and conditions, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaching these terms and conditions, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you fail to make a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
14.6 Which laws apply to these terms and conditions and where you may bring legal proceedings: These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
14.7 Varying these terms and conditions: These terms and conditions may not be varied unless such variation is confirmed in writing by one of our Directors.
If you wish to cancel your order you must complete and return this form.