This website and any related websites (“the Website”) and the services available through the Website are operated by Authentic Business Group CIC (“ABG,” “Company,” “we,” “our,” and “us”). These Terms of Service constitute a legal agreement between you (“you,” “your,” “the user,” and “the customer”) and ABG. The Website allows you to participate in surveys and questionnaires designed to provide insight into your natural preferences, character strengths and organisational culture (the “Services”).
Please read the Terms of Service carefully before you start to use the Website. By accessing and using the Website or any online account you create on our Website, you accept without modification all of the terms, conditions, and notices contained in these Terms of Service. If you do not agree to these Terms of Service or the ABG Privacy Policy you must not access or use the Website. Accordingly, under the General Data Protection Regulation, or “GDPR,” users in the European Union (“EU”) acknowledge and consent to ABG’s processing of personal data by ABG as necessary for the legitimate interest of performing our services to you.
Modification of these Terms of Service: ABG may update or change the terms, conditions, and notices for the Website services from time to time in order to reflect changes in the services, changes in the law, or for other reasons as deemed necessary by ABG, in its sole discretion. Your continued access to or use of the Website after any such changes shall constitute your consent to such changes. Unless explicitly stated otherwise, any new features that change or improve the Website shall be subject to these Terms of Service, as modified from time to time.
Reliance on Information Posted: The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Privacy and Personal Information: You may be required to register to use the Website. To set up an account, you may be required to provide information about yourself. Additionally, data pertaining to your online transactions and usage may be collected, analysed, and stored by ABG. ABG agrees that it will only use and/or disclose your personal information in accordance with the terms of the ABG Privacy Policy (“the Privacy Policy”). The Privacy Policy is hereby incorporated by reference into these Terms of Service. By agreeing to these Terms of Service, you are also agreeing to the Privacy Policy. In accessing and using the Website, you accept without modification all of the terms, conditions, and notices contained in the Privacy Policy.
User Account Responsibility: If you are given or create a password to access the Website, you are responsible for maintaining the confidentiality of your new account and your password. You are responsible for all activities that occur under your account and you agree to notify ABG immediately of any unauthorized use of your account. ABG is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
Third Party Sites: The Website may contain links to websites controlled or operated by persons and companies other than ABG (“Linked Sites”). The Linked Sites are not under the control of ABG, and ABG is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. ABG is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site. ABG is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ABG of the site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and Terms of Service posted on the Linked Sites. You are solely responsible for any dealings with third parties who support ABG or are identified in the Website, including the delivery of and payment for goods and services.
Prohibited Uses: You agree that you will not:
Content Available on the Website: The Website and all content offered through it, including, but not limited to, text, third party applications, photos, graphics, the ABG Natural Preferences Survey, profile reports, and everything else you see, hear and use through the Website (the “Content”) are intended to provide information only and are solely for your personal and non-commercial use. You may not sublicense, transfer, or otherwise make available any of the Content to any third party for commercial purposes. You may not modify the ABG Survey Materials without first obtaining written permission from a Director of the Authentic Business Group CIC (“ABG”).
Intellectual Property Notices: The Content and Website are protected by copyrights, or are subject to other proprietary rights. This means that anyone using the Website is not permitted to use the Content in any manner, except as expressly permitted by ABG in this Terms of Service Agreement, or similar agreements of others who have licensed their content to ABG, as expressly permitted by those other parties’ respective Terms of Service or similar agreements. Also, any of the names and logos (which are commonly referred to as “trademarks”) that appear on the Website are owned by ABG or others who have licensed their use to ABG. The trademarks may not be used in any manner without the prior permission of the owners. You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of any and all of the Content and trademarks that you see, hear, and use on the Website. You understand that any unauthorized use of the trademarks or Content would result in irreparable injury to ABG for which money damages would be inadequate and in such event ABG will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use. You further agree to hold ABG harmless and to indemnify ABG for any and all direct or indirect damages that do arise as a result of your violation of any applicable policy. ABG may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Website, including pages that are part of the Website. Except as expressly provided in these Terms of Service, the provision of ABG’s services and the furnishing of such pages to you do not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.
Warranty Disclaimer: ABG makes no representations or warranties about the suitability, reliability, availability, timeliness, and accuracy of the information, services, and related graphics contained on or obtained through the Website for any purpose. All such information, services, and related graphics are provided “as is” without warranty of any kind. ABG and/or its respective partners hereby disclaim all warranties and conditions with regard to this information, services, and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
Limitation of Liability: In no event will ABG be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages arising from, relating to, or in any way connected with the Website, including, but not limited to, the ABG Survey Materials, even if ABG is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, ABG’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the greater of: (a) the amount paid, if any, by you to ABG during the preceding twelve (12) month period preceding your claim; or (b) one hundred US dollars ($100). Certain country laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
Third Party Applications Disclaimer: You acknowledge that your access and use of any third party applications or software on the Website as part of ABG’s services and Content (the “Third Party Applications”) is at your discretion and risk, and ABG has no liability to you arising out of or in connection with your use of the Third Party Applications. ABG hereby disclaims any representation, warranty, or guaranty regarding the Third Party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third Party Applications, and you agree to indemnify and hold ABG harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with the use or performance of the Third Party Applications.
Customer Support: ABG may provide information about how to use the Website. If you have any questions about the Website or any problems that you would like to report, please contact us at ‘enquiries [at] authenticbusiness [dot] solutions’.
Termination and Restriction of Access: In its sole discretion, ABG may terminate or suspend your access to the Website for breach of these Terms of Service or inactivity, or for any reason it deems appropriate. Any cancellation or termination by you or ABG shall not relieve you of any obligations to pay fees accrued prior to such cancellation or termination. The Website may be discontinued at any time without notice or refund, except for services paid for and not yet rendered by ABG. ABG shall not be liable for any losses or damages arising from any such termination of service.
Governing Law & Jurisdiction: These Terms of Service are governed by the laws of England and Wales. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts of England and Wales in all disputes arising out of or relating to the use of the Website.
General: You agree that no joint venture, partnership, employment, or agency relationship exists between you and ABG as a result of these Terms of Service or use of the Website. You may not assign these Terms of Service without the prior written consent of ABG in all instances. ABG may assign these Terms of Service, in whole or in part, at any time. ABG’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of ABG’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by ABG with respect to such use. You agree to indemnify and hold ABG, its parents, subsidiaries, affiliates, officers, employees and agents, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct in connection with the Website. If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Service shall continue in effect. These Terms of Service, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and ABG with respect to the Website, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and ABG. A printed version of these Terms of Service and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Arbitration: At its sole discretion, ABG may require you to submit any disputes arising from the use of these Terms of Service or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English. By using the Website, you hereby consent to submission of any dispute to final and binding arbitration.
Limitation on Time to File Claims: Any cause of action or claim you may have arising out of or relating to these Terms of Service or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
LAST UPDATED: December 5th 2018