WEBSITE TERMS OF USE AND PURCHASE

Website Terms of Use

 Last modified: 2nd March 2020


(1) Acceptance of the Terms of Use

These terms of use govern your use of www.porcupinecollective.com (the “Website”); by using the Website, you agree to these terms of use in full and they form part of your contract with us to provide the Website and related services including any digital content made available on the Website (our “Digital Products”) to you. If you disagree with these terms of use or any part of these terms of use, please do not register, subscribe or use the Website.


We make no claims or representations in relation to the recruitment, career, commercial, emotional or health benefits of using our Digital Products. The information provided on the Website is no substitute for professional medical or psychiatric advice where applicable. If you are concerned about health or mental well-being issues you are advised to consult your doctor.


You must be over the age of 18 years to use the Website and purchase our Digital Products.


The Website uses cookies. By using the Website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our Privacy Policy


Please note that these Terms and Conditions of Use and Purchase may be amended from time to time. Notification of any changes will be made by posting new terms onto the Website. In continuing to use the Website you confirm that you accept the then current terms and conditions in full at the time you use the Website.


(2) Registration for Access to our Digital Products

To access our Digital Products you are required to register with the Website using the anonymised username and password we provide to you, either directly or via the organisation purchasing our Digital Products on your behalf. This information will be handled in accordance with our Privacy Policy.


In order to prevent fraud, you must keep your username and password confidential and must not disclose it or share it with anyone beyond any organisation that purchased our Digital Products on your behalf. If you know or suspect that someone else knows your password you should notify us by contacting admin@porcupinecollective.com immediately.


If we have reason to believe that there is likely to be a breach of security or misuse of the Website or Digital Products through your account or the use of your password, we may change your password or suspend your account. Until we have changed your password or we have reactivated your account you may not be able to access certain parts of the Website or Digital Products.


You may not have more than one registration with the Website. We reserve the right at our discretion to delete or cancel the registration of any person who in our opinion possesses more than one registration at any time.


We reserve the right to cancel any registration at any time and for any reason.


(3) Our Digital Products  

Our Digital Products are provided for information purposes only and for no other purpose.

Our Digital Products should not be regarded as or relied upon as being a comprehensive opinion or assessment concerning your psychological well-being, your skills or abilities, your career options, or your recruitment prospects. 


Any decisions that you make once you have read the content of our Digital Products are for you alone and we will not be liable for the consequences of any such decisions.


Our Digital Products are for personal use only and should not be construed as medical, psychological, recruitment, career, business, or any other advice. 


(4) Purchase of Digital Products 

We offer Digital Products for purchase on the Website by any person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977). Digital Products on the Website are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976.


At the time you place any order for which payment is required you must give authority for payment. We may take payment from you at any time between you placing the order and us providing you access to the Digital Products.


Your order is an offer to purchase from us. There will be no contract of any kind between you and us unless and until we actually take payment from you. At any point up until then, we may decline to supply the Digital Products to you without giving any reason. If we take payment and subsequently fail to make the Digital Products available to you for any reason we will refund you in full.


The prices payable for the items that you order are clearly set out on the Website. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price provided that we notify you before we make available the Digital Products concerned.


Payments are made through the Website electronically. When you pay by credit or debit card you consent to us carrying out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information with your bank or credit reference agencies if necessary.


We may change our fees at any time by posting new fees on our Website.


All prices shown are in £GBP unless specified otherwise, and include VAT, where applicable.


For organisations or businesses wishing to contract for the purchase and provision of our Digital Products, you consent to the terms and conditions as specified in our Terms and Conditions of Sale Policy.


(5) Refunds and Cancellation Policy

Our policy is not to offer refunds on Digital Products. Should you consider your situation to be a special circumstance then please get in contact with us by emailing admin@porcupinecollective.com and we shall consider your individual request. In the event that we do issue a refund, your access to the Digital Products will be revoked.


This refunds and cancellation policy does not affect your rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Regulations”).


(6) Licence to Use Website

Unless otherwise stated, we or our licensors, own the intellectual property rights in the Website and material on the Website, including all Digital Products, including but not limited to copyright and associated moral rights, trade marks, get-up, and unregistered rights, goodwill, know-how, software, database rights, and all other intellectual property rights. Subject to the licence below, all these intellectual property rights are exclusively reserved. Where the Digital Products feature the intellectual property of third parties which we do not own this is clearly stated.


You may view, download for caching purposes only, and print pages from the Website and Digital Products for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

Without prior consent from us you must not:


  • reproduce, translate or reverse engineer material from this Website (including republication on another Website or other reproduction or communication of  our Digital Products without consent);
  • sell, rent or sub-license material or Digital Products from the Website;
  • communicate any material or Digital Products from the Website to the public;
  • reproduce, duplicate, copy or otherwise exploit material or Digital Products on our Website for a commercial purpose;
  • edit or otherwise modify any material or Digital Products on the Website, except for your name on your Alternative CV and Career Insights documents;
  • redistribute material or Digital Products from this Website except for content specifically and expressly made available for redistribution; or
  • reproduce      any intellectual property rights of third parties on our Website without the consent of those parties.


(7) Acceptable Use

You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.


You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.


You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Website without our express written consent. You must not infringe the rights in any Digital Products that are sold through the Website.


You must not use the Website to transmit or send unsolicited commercial communications.

You must not use the Website for any purposes related to marketing without our express written consent.

You must not use the Website or Digital Products for any business-related assessments, including, but not limited to, pre-employment tests or employee evaluation.

You are solely responsible for any content that you publish on the Website or communicate to other users. You will not post on the Website, or transmit to other users:


  • Anything inaccurate, defamatory, abusive, obscene, offensive, profane, sexually-oriented, threatening, harassing, or racially offensive;
  • Anything that promotes any false or misleading information to users;
  • Anything which involves or encourages illegal activities; or
  • Anything that solicits passwords or other confidential information.


You agree that you shall not:


  • Bully, intimidate or harass any of the users of the Website.
  • Do anything to disable or impair the proper working of the Website.
  • Do anything to suggest, express or implied, that statements made by you are endorsed by us.
  • Impersonate any other person in any profile whether or not that other person is a user      of the Website.


(8) Limited Warranties

We do not warrant the completeness or accuracy of the information published on this Website or in any of the Digital Products that we may sell to you nor do we commit to ensuring that the Website remains available or that the material on the website is kept up to date. The Website is provided on an ‘as is’ basis and we reserve the right to suspend the Website and our provision of any services at any time without notice.


To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this Website and the use of this Website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Where you use the Website or the Digital Products you confirm that you are solely responsible for any actions or decisions made as a result of such use. We make no representations as to the accuracy of any Digital Product including proprietary and third-party assessments and resources such as personality tests, talent tests, strengths tests, character strength tests, or career insight guides. We do not guarantee that you will achieve any particular result from using the Website or our Digital Products.

 

Nothing in this Website or our Digital Products should be construed as medical, psychological, recruitment, career, business, or any other advice. All materials are for informational purposes only.


Where the Website contains links to third party websites and resources we make no representation in relation to the content contained on third party websites and you agree to use these websites at your own risk. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We will not form part of any agreement or contract with any third party website you visit through our website.


(9) Limitations and Exclusions of Liability

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.


The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these terms of use or in relation to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.


We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control, including but not limited to industrial action, labour shortage, failure of our suppliers, natural disaster, transport disruption or failure, legislative or governmental intervention, or any other cause beyond our reasonable control (“Force Majeure”).


Our Digital Products are not intended for business use and you use our Digital Products in any business, employment or recruitment context at your own risk. In particular, to the extent that you use our Digital Products for business use we will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. We will not be liable for any commercial or human resources decisions made in connection with the use of our Digital Products nor will we be liable for any consequential liability in relation to employment disputes including but not limited to wrongful and unfair dismissal. We provide information and materials relating to personality types, talents, strengths, character strengths and career insights. This information cannot provide (and is not intended to provide) comprehensive coverage of the relevant issues. Our content should always be used in conjunction with other information, advice and training.


You should ensure that any decisions made or implemented by you after viewing our content or materials are made taking into account other factors (apart from the information we provide) of which you and your advisers should be aware including medical advice and you should ensure that you have consulted relevant professionals.


We will not be liable to you in respect of any emotional or mental distress in connection with using our Digital Products.


We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage. Any decisions made or actions taken by you on the basis of information provided on or via the Website are at your sole discretion and risk. You should obtain professional advice where necessary.


(10) Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us on a full indemnity basis arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.


(11) Breaches of These Terms of Use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.


(12) Variation

We may revise these terms of use from time to time. Revised terms of use will apply to the use of the Website from the date of publication of the revised terms of use on the Website.


(13) Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.


(14) Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.


(15) Exclusion of Third Party Rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.


(16) Entire Agreement

These terms of use, together with our privacy, terms and conditions of sale, and cookie policies constitute the entire agreement between you and us in relation to your use of the Website and supersede all previous agreements in respect of your use of the Website.


(17) Law and Jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales.


(18) Our Details

The full name of our company is Porcupine Collective C.I.C.


We are registered in England under Companies House registration number 11825350.


Our registered address is 1 Chapel House, Coombe, St Austell, Cornwall, PL26 7LN, United Kingdom.


If you have any concerns or complaints you can contact us by email at admin@porcupinecollective.