Last updated 16 October 2022
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.
In order to use the Service, you must:
By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.
Calibre may refuse service, close accounts of any users, and change eligibility requirements at any time.
Some parts of the Service are billed through a top-up of Assessment Credits (“Credits”) to your account. Once purchased, credits will be available for use for a period of 12 months from the purchase date. After 12 months, any remaining credits from the initial purchase will expire and can no longer be used.
In order to purchase credits, a valid payment method is required. You shall provide Calibre with accurate and complete billing information including full name, address, postal code, country, telephone number and a valid payment method. By submitting such payment information, you automatically authorize Calibre to charge all Credits fees incurred through your account to any such payment instruments.
Calibre may, at its sole discretion, offer a trial of the Service free of charge (“Free Trial”). You will not be charged by Calibre for a Free Trial.
Calibre, in its sole discretion and at any time, may modify the cost of Credits. This new cost will apply when you next purchase a top-up of Credits to your account.
You may only use the Service for lawful purposes and in a manner consistent with the nature and purpose of Calibre.
You must not use the Service to assess candidates for any jobs which are unlawful, unsafe, offensive, discriminatory, or inappropriate.
You must not use the Service to solicit information from candidates that could be used to discriminate against them.
You must not use the Service to request test scores from candidates who have not consented to providing a test score
Unauthorized use of the Service may be a criminal offense and/or give rise to a claim for damages.
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not create an account using details of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Service and its original content, features, and functionality are and shall remain the exclusive property of Calibre. The Service is protected by copyright, trademark, and other laws of both England and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Calibre. You agree that Calibre shall hold the exclusive property rights to the (aggregated and anonymized) test scores and may use these for performing and improving its Services (e.g. benchmarking of scores).
Our Service may contain links to third-party websites or services that are not owned or controlled by Calibre.
Calibre has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that
Calibre shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.
We may terminate or suspend your account, without prior notice or liability, for any reason, including without limitation if you breach the Terms.
Upon termination, your right to use the Service shall immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
In no event shall Calibre, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Such limitations shall not apply if the damages are the result of a deliberate act or gross negligence on the part of Calibre or its senior management. In any case Calibre’s aggregate liability under these Terms shall be limited to the fees actually paid by you to Calibre in the last 12 months.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Calibre, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of the England and Wales, without regard to its conflict of law provisions.
All disputes between Calibre and you (whether or not such dispute involves a third party) shall be submitted exclusively to the competent court of law in the United Kingdom.
Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms shall remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change shall be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If, at any time, any provision of the Terms is or becomes illegal, invalid, or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity, or enforceability of the remaining provisions nor the legality, validity, or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org