1. Definitions, Scope of Application
1.1 The following Standard Terms & Conditions of Business (“T&C”) apply to the use of the webshops and apps: www.assessment-training.com, www.careertestpro.com, www.careertestpro.co.uk and the application ‘career test pro’. From now on “Online-Shop”, as well as to the purchase contracts concluded at the Online Shop, and to all related services provided by Making Moves B.V., Nicolaas Beetslaan 4, 1985 HH, Driehuis, The Netherlands. (“Making Moves”).
1.2 As used in these T&C, the term “Customer” and “You” shall refer to users of the Online Shop and to buyers of digital products at the Online Shop.
1.3 Any terms of business laid down by the Customer which diverge from these T&C shall not apply. Any confirmation from the Customer that is based on the latter’s own terms of business is hereby expressly refuted. The Customer’s terms of business shall not become an integral part of any agreements unless Making Moves B.V. has expressly confirmed same in writing.
2. Access the Online Shop
2.1 Customers are responsible for making all arrangements necessary for you to have access to the Online Shop. We reserve the right to withdraw or amend the Online Shop, and any service or material that we provide on the Online Shop, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the Online Shop is unavailable at any time or for any period.
2.2 In the Online Shop, Making Moves B.V. offers online access to our test center, video courses, career tests, business accounts, electronic books (“eBooks”). The specific items and prices or subscription terms can be gathered from the details provided in each case at the Online Shop.
2.2 After placing an order, Customers can practice tests and download and store eBooks in PDF format, and/or – to the extent available in the Online Shop – in EPUB format (“Electronic Format”).
3. Access Data
3.1 The access data (email address and password, or user name and password) are exclusively for the Customer’s own personal use. The Customer may not pass on or otherwise disclose his or her access data to third parties. If the Customer obtains knowledge of any misuse of access data, or simply suspects such misuse, he or she must immediately report this to Making Moves B.V.. The Customer shall be liable for all consequences of third-party use insofar as he or she is responsible for access data being misused. This may include having to pay for any orders placed without authorisation. The Customer’s liability for further actions taken by third parties shall lapse as soon as he or she has informed Making Moves B.V. about the unauthorised usage of access data or their loss, and has changed his or her password, if necessary.
3.2 In the event of any breach of these terms of use and T&C, in particular
- If incorrect data are provided during registration, and/or
- If access data (esp. the password) is disclosed without authority to do so,
Making Moves B.V. shall be entitled to temporarily or permanently block the Customer’s access data, and/or to finally and conclusively refuse the Customer access either with immediate effect or after a period of notice fixed at Making Moves B.V.’s own discretion, and/or to give extraordinary notice terminating the agreement on use with immediate effect. In any such case, the Customer may not re-register as a user of the Online Shop without Making Moves B.V.’s express prior approval.
4. Intellectual Property
4.1 The Website and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the Company, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. This Policy permits you to use the Website for your non-commercial use only. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted, are reserved by the Company.
4.2 You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows: (i) You may store files that are automatically cached by your Web browser for display enhancement purposes; (ii) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by an applicable end user license agreement for such applications; and (iii) if we provide social media features at any time, you may take such actions as are enabled by such features.
4.3 You may not: (i) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website; or (iii) access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
4.4 The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans, are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
5. Your obligations and representations
5.1 You may use the Website only for lawful purposes and in accordance with this Policy.
5.2 You promise that: (i) you are of legal age to form a binding contract with the Company; (ii) you will not use the Website in any way that violates any applicable local or international law or regulation; (iii) you will not send, knowingly receive, upload, download, use or re-use any material which does not comply with the ‘Content Standards’ (defined below); (iv) you will not impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity; (v) you will not do anything that could disable, overburden, damage, or impair the Website or interfere with any person’s use of the Website; (vi) you will not use any robot, spider or other automatic device, process or means to access the Website for any unlawful purpose or in violation of this Policy; (vii) you will not introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; and (viii) you will not co-brand or frame the Website or hyper-link to it without the express prior written permission of an authorized representative of the Company.
5.3 All Content purchased by the Customer is made available online by the Online Shop automatically within one minute after the purchase. No delivery of physical products is required to access our Products.
6. Data Protection
6.1 Making Moves B.V. attaches great importance to the protection and safety of the Customer’s personal data.
7. Miscellaneous
7.1 If the Customer is a registered trader, a public corporation or a special trust managing public assets, The Netherlands shall be the place of jurisdiction for all legal disputes arising directly or indirectly from the contractual relationship between Making Moves B.V. and the Customer. In such event, Berlin shall be deemed to have been agreed as the place of performance.
7.2 The same shall apply if, subsequent to the conclusion of the contract, the Customer’s place of residence or habitual place of abode is located at some place outside the territory of The Netherlands or is relocated to such a place. This shall also apply if the Customer’s place of residence or habitual place of abode is not known at the time when legal action is filed.
7.3 Dutch law shall apply exclusively.
7.4 If any provision of these Standard Terms & Conditions of Business is ineffective, this shall not affect the validity of the remaining provisions. In any such case, the parties shall negotiate for a clause that is to substitute the ineffective provision and that reflects the content of the original provision as closely as possible.
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