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IQ TEST ACADEMY
TERMS OF SERVICE
Last Updated: March 10th, 2023
IQ TEST ACADEMY provides IQ tests to consumers, customers and organizations (the “Service”) at iqtestacademy.org (the “Site”). The Service and the Site may be collectively referred to herein as the “Platform.” The Services are owned and operated by MRCS HK LTD (hereinafter referred to as the “Company” or “us”).
Your use of the Service is subject to the terms and conditions set forth in this Terms of Service (hereinafter referred to as the “Terms” or “Terms of Service”).
PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF SERVICE.
Updates to Terms of Service; Integration.
We may, in our sole discretion, modify the Terms of Service by posting a notice on the Terms of Service page. The “Last Updated” date at the top the Terms of Service indicates when the latest modifications were made to the Terms of Service. By continuing to access and use the Service you agree to any such modifications. Therefore, you are responsible for reviewing and should become familiar with any such modifications. You are encouraged to review this Terms of Service periodically and to check the “Last Updated” date at the top of the Terms of Service for the most recent version. In addition, when using services or features on the Site, you will be subject to any posted guidelines or policies applicable to such services or features that may be posted from time to time, including but not limited to our Privacy Policy, as noted below. All such guidelines or policies are hereby incorporated by reference into this Terms of Service.
Translation.
We may translate these Terms of Service into other languages for your convenience. Nevertheless, the English version governs your relationship with Company, and any inconsistencies among the different versions will be resolved in favor of the English version.
Other Sites.
This Terms of Service shall also apply to our Facebook, Twitter, Pinterest and Instagram accounts (the “OtherSites”) except where there may be a conflict between our policy and the OtherSites, in which case the polices of the Other Sites shall apply.
Service Availability.
The Service may be modified, updated, interrupted, suspended or discontinued at any time, in the sole discretion of the Company, without notice or liability. The Service may be unavailable at certain periods, including but not limited to systems failures, anticipated or unanticipated maintenance work, upgrades or force majeure events.
The Company reserves the right, at any time, in its sole discretion to modify, temporarily or permanently block access to, suspend, or discontinue the Service, in whole or in part, with or without notice and effective immediately to any User.
The Company will have no liability whatsoever for any losses, liabilities or damages you may incur as the result of any modification, suspension, or discontinuation of the Service or any part thereof.
Privacy Policy.
Use of the Service is subject to the terms of our Privacy Policy which is hereby incorporated into and made part of this Terms of Service. Please review our Privacy Policy carefully. By using or accessing the Service, you agree to be bound by the terms of our Privacy Policy.
Results of tests conducted on our platform may be made available to the test-taker via a direct access link for a period of 14 days for ease of access. After this period, the results are automatically deleted from our systems. We assure users that all reasonable measures are taken to maintain the confidentiality and security of their data during this period. Users reserve the right to request the deletion of their data at any time. This policy is implemented to facilitate access to results and does not compromise the confidentiality of sensitive information.
Age.
The Service is meant for those at least eighteen (18) or the age of majority where you reside, whichever is younger. Use of the Service by anyone under this age is a violation of these Terms.
Intellectual Property.
You acknowledge that all the intellectual property rights in the Service, including, but not limited to, copyrights, patents, trademarks, and trade secrets, the website design, application design, graphics, text, sounds, pictures, service marks, trade names, domain names, slogans, logos, other files and the selection and arrangement thereof, and other indicia of origin that appear on or in connection with any aspect of the Service (collectively the “IP”) are either the property of the Company, its affiliates or licensors and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to IP not expressly granted in these Terms of Service are reserved to their respective copyright owners.
Subject to these Terms, the Company grants you a limited non-transferable, non-exclusive, revocable, non-sub licensable licence to use and access the Service solely for your own personal or internal business purposes. You will not obtain any ownership interest therein through this Terms of Service or otherwise.
Company authorizes you to view, download and/or print the IP provided that you keep intact all copyright and other proprietary notices contained in the original IP. Except as expressly authorized by the Terms of Service, you may not copy, reproduce, distribute, republish, perform, display, post, transmit, scrape, copy, exploit, create derivative works or otherwise use any of the IP in any form or by any means, without the prior written authorization of Company or the respective copyright owner. In the absence of a written agreement, you may not modify or adapt the IP in any way or otherwise use them for any public or commercial resale purposes.The Company retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. The Company reserves the right to enforce its intellectual property rights fully under United States and international law.
Some of the company and product names, logos, brands, and other trademarks featured or referred to within the Service may not be owned by us and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse the Service.
Third Party Operators and Websites.
In the event we include links via the Service to third-party operators and/or websites (hereinafter referred to as “Third Party Provider”) which may include products, goods, services or information offered therein, these links are provided only as a convenience. If you click through using these links to other websites, you may leave our Site. We do not control nor endorse any such Third-Party Provider. You agree that the Company Parties (as defined below) will not be responsible or liable for any content, products, goods, services or information provided or made available by a Third-Party Provider, including related websites, or for your use or inability to use the services of a Third-Party Provider.
You will use such links at your own risk. You are advised that other websites on the Internet, including Third-Party Provider websites linked from our Site, might contain material or information:
(i) that some people may find offensive or inappropriate;
(ii) that is inaccurate, untrue, misleading or deceptive; or,
(iii) that is defamatory, libelous, infringing of others’ rights or otherwise unlawful.
We expressly disclaim any responsibility for the content, legality, decency or accuracy of any information, and for any content, products, goods, services or information, which appear on any Third-Party Provider website or in advertisements or content that a Third-Party Provider may have listed or offered on our Site.
Your interactions with a Third-Party Provider found on or through the Service, including payment and delivery of goods or services, if any, conditions, warranties or representations associated with such matters are solely between you and the Third-PartyProvider, except as may be otherwise stated herein. You acknowledge and agree that we are not a party to any transactions you may enter into, except as maybe stated herein, using the Service and we shall not under any circumstances be liable for any damages of any kind arising out of, or in connection with, or relating to, the content, products, goods, services or information of a Third-Party Provider.
Use of the Service.
You may be required to create an account to use the Service and/or take advantage of certain features, in which case you agree to:
You are responsible for maintaining the confidentiality of your account and are fully responsible for all activities that occur under your account. Your account is meant to be private, and you shall not share your account for any reason. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. You agree to be responsible for all charges resulting from the use of your account via the Service, including charges resulting from unauthorized use of your account.
You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.
You agree to use the Service only for lawful purposes and that you are responsible for your use of and communications and content you may post via the Service. You agree not to post or transmit any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others’ intellectual property rights, impersonates any individual or entity, or otherwise violates any applicable law. You agree not to solicit personal information from minors. You agree not to use the Service in any manner that interferes with its normal operation or with any other User’s use of the Service.
You may not do any of the following while accessing or using the Service:
Furthermore, you herein agree not to make use of the Services for:
Your use of the Service is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
Company makes no representation that Content contained, described or offered via the Service are accurate, appropriate or available for use in any particular jurisdiction or that these Terms of Service comply with the laws of any specific country. Visitors who use the Service do so on their own initiative and are responsible for compliance with all applicable law. You agree that you will not access the Service from any territory where its material or other company posted content (hereinafter collectively referred to as “Content”), orUser Content (as defied below) is illegal, and that you, and not the Company Parties (as defined below), are responsible for compliance with applicable law.
User Content.
“UserContent” means any and all information and content that a User uploads, submits to, or uses with the Services. You may choose to enter this information manually or, where available, synchronize with a third-party website. The Company does not verify the accuracy or completeness of User Content, and these may therefore be subject to errors.
You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate any of the Terms of Service.
Company does not and is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content.
We may, at our discretion, but shall have no obligation to, pre-screen User Content submissions and may choose to remove User Content at any time we see fit. You agree that the Company is not responsible for any financial loss, liability or damage of any kind that you may incur as a result of our removing or refusing to publish User Content.
By posting User Content to the Site, you agree that (i) your User Content does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the User Content, (iii) we may have something similar to the User Content already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the User Content, and (v) you irrevocably waive, and cause to be waived, against the Company Parties and its Users any claims and assertions of any moral rights contained in such User Content.
Suggestions and Improvements. By sending us any ideas, suggestions, documents or proposals (hereinafter referred to as “Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and(v) you irrevocably waive, and cause to be waived, against the Company Parties and its Users any claims and assertions of any moral rights contained in such Feedback.
Term and Termination.
Subject to this section, the Terms herein will remain in full force and effect while you use the Service. We may suspend or terminate your rights to use the Service (including your account) at any time for any reason, or no reason, at our sole discretion, including for any use of the Service in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Service will terminate immediately. The Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your account or deletion of your information.You may terminate your use of the Company Service at any time.
User Representations.
You expressly acknowledge, represent, warrant, and agree that you understand:
The information contained herein is for informational purposes only and is not intended nor should be construed as advice or recommendations and are not guaranteed to produce results.
Company does not warrant or guarantee the suitability or availability of any Content, including without limitation any, data, products, reports or services, found through the Service.
The Company does not provide medical or health, or any other similar professional, advice. You should discuss any matters in this regard with your physician or other medical professional.
Our tests have been developed to help people better understand themselves and to achieve their own objectives. Under no circumstances shall Company be liable for any actions or activities Users may take based on any Content obtained via the Service.
The content on the Site does not, when appropriate, replace professional medical or psychiatric advice, nor do we make any claims or statements regarding the emotional, health, or economic advantages of utilizing our Site. It is recommended that the User speaks with a therapist in case of any concerns regarding physical or mental health. Our Site doesn't provide an official IQ Test. More specifically:
Company does not screen the authenticity or quality of any Content, or any provider of content, including, data, products, or services found through the Service.
You are of legal age to form a binding contract and are at least eighteen (18) years of age or you have the authority of such legal entity to form a binding contract; all information you provide to us is accurate and truthful; you will maintain the accuracy of such information; and you are legally permitted to use and access the Service and take full responsibility for the selection and use of and access to the Service.
Indemnification.
You agree to indemnify, defend and hold harmless the Company, its parents, subsidiaries and other affiliated companies, and their respective officers, directors, employees, agents and other representatives (collectively, the “Company Parties”) against all claims, demands, causes of action, losses, expenses, damages and costs(including any reasonable attorneys’ fees), resulting or arising from or relating to your use of the Service, any activity related to your account by you or any other person permitted by you, any Content that you submit to, post on or transmit through the Service, your breach of this Terms of Service, your infringement or violation of any rights of another, or termination of your access to the Service. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.
You hereby release and forever discharge the Company Parties from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service, including any interactions with, or act or omission of, other Service Users or any Third-Party sites, including but not limited to: (i) your use of the Service, (ii) any activity related to your accounts by you or any other person, (iii) your violation of this Terms; (iv) your infringement or violation of any rights of another, or (v) your violation of applicable laws or regulations.
Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Warranties, Disclaimers and Limitations of Liability.
You expressly understand and agree that:
Your use of the Service is at your sole risk. The Service and the associated Content are provided on an “as is” and “as available” basis. The Company Parties expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a purpose and non-infringement. Without limiting the generality of the foregoing, the Company Parties make no warranty that: (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure, or error-free; (iii)information that may be obtained via the Service will be accurate or reliable; (iv) the quality of any and all products, services, information or other materials, including all merchandise, products, goods or services, obtained or purchased by you directly or indirectly through the company Service will meet your expectations or needs; and (v) any errors in the Service will be corrected.
The Company Parties shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use theService, including any liability: (i) as a publisher of information; (ii) for any incorrect or inaccurate information or any ‘bug’ of the Service; (iii) for any unauthorized access to or disclosure of your transmissions or data; (iv) for statements or conduct of any third party on or via the Service; (v) for any disputes between Users of the Service or between a User of the Service and a Third Party; or (vi) for any other matter relating to the Service or any Third Party. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises the Company Parties of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Company and you. The products, information and services offered on and through the Service would not be provided to you without such limitations.
The Company Parties shall not under any circumstances be liable for any damages of any kind arising out of, or in connection with or relating to the actions and activities of any third-party contractors and suppliers of services we may engage to provide services to you.
Notwithstanding the foregoing, the sole and entire maximum liability of the Company Parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the charges paid by you directly to Company via the Service, if any, for Services provided solely and directly by Company to you during the three (3) months since the cause of action arose.
You agree that regardless of any statute or law to the contrary, any claim you may bring must be filed within one (1) year after the cause of action occurred or it will be permanently barred.
Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.
If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the credit or does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Purchases and Payments.
Purchase of Services. Your contract for the purchase of products is completed once you confirm your purchase and performance of this contract begins as soon as the purchase is complete.
One-Click Purchases. For subsequent purchases, Company provides the convenience of a ‘one-click’ feature for such purposes. We will use the payment details previously provided to us to process payments related to those purchases, in accordance with our Privacy Policy.
Pricing. Pricing and availability of all products for sale displayed through the Site are subject to change at any time before you click the button indicating that you want to purchase such Services.
Subscriptions. In the event you purchase a subscription, the term of the subscription shall be as stated on the subscription purchase page (the “Initial Term”). Thereafter, your subscription will automatically renew for successive periods of the same duration (each a“Renewal Term”) at the then current non-promotional subscription rate, unless otherwise terminated. Renewals will be charged to your original payment method, or any method you may have subsequently provided to us.
Renewal Terms are not eligible for any then offered promotional rates.
In the event your payment method is no longer valid, your subscription may not renew, and you will lose access to the benefits of the subscription.
Payment Processing Methods.
Company may make available various payment processing methods to facilitate the purchase of the Service. You must abide by any relevant terms and conditions or other legal agreements with third party payment processors, which govern your use of a given payment processing method. Company may add or remove payment processing methods at its sole discretion and without notice to you. Once your purchase is complete, Company or the payment processor may charge your credit card or other payment method that you provide us for any Services purchased, along with any additional applicable amounts (including any taxes). You are solely responsible for all amounts payable associated with purchases you make via the Service.
Subscription Termination.
You may terminate the Services at any time, subject to the following: a) you must first contact customer service at the email shown below, b) Company may offer to you alternative Services in lieu of a refund. In the event you choose to continue with termination of the Services, such termination shall be effective as of the last day of the then current term (the “Effective Termination Date”). No refunds shall be provided for time, if any, between the subscription date and the Effective Termination Date.
Refund Policy.
We stand behind our products and your satisfaction is important to us. However, because our products are digital goods delivered via Internet download we offer no refunds.
Millennium Copyright Act ("DMCA") NOTICE.
The Company respects the intellectual property rights of others. Per the DMCA, we will respond expeditiously to claims of copyright infringement on the Site if submitted to our Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, the Company will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing IP and termination of access for repeat infringers of copyright protected content.
Procedure for Notifying the Company of Copyright Infringement. If you believe that your intellectual property rights have been violated by us or by a third party who has uploaded IP to our website, please provide the following information to the designated Copyright Agent listed below:
(i) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(ii) A description of where the material that you claim is infringing is located on the Site;
(iii) An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not us, can contact you;
(iv) A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
(v) A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
(vi) Your electronic or physical signature.
We may request additional information before removing any allegedly infringing material. In the event were move the allegedly infringing IP, we will immediately notify the person responsible for posting such IP that we removed or disabled access to the IP.We may also provide the responsible person with your email address so that the person may respond to your allegations.
Pursuant to 17 U.S.C. 512(c). theCompany’s designated Copyright Agent is:
MRCS HK LTD
contact@iqtestacademy.com
Dispute Resolution.
GoverningLaw, Venue. These Terms shall be governed by and construed in accordance with the internal laws of the Hong Kong Special Administrative Region of thePeople's Republic of China (“Hong Kong”). Any legal suit, action or proceeding arising out of or based upon these Terms or the transactions contemplated hereby (“Related Proceedings”) may only be instituted in the courts of Hong Kong (collectively, the “Specified Courts”), and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. Service of any process, summons, notice, or document by mail to such Party’s address shall be effective service of process for any suit, action or other proceeding brought in any such court. The Parties irrevocably and unconditionally waive any objection to the laying of venue of any suit, action or other proceeding in the Specified Courts and irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such suit, action or other proceeding brought in any such court has been brought in an inconvenient forum.
Attorney Fees.
In the event that any dispute between the parties should result in litigation, Company shall been titled to recover all reasonable fees, costs and expenses, in the event Company is determined to be the Prevailing Party, where “Prevailing Party”shall mean the party who is determined in the proceeding to have prevailed or who prevails by dismissal, default or otherwise
Miscellaneous.
These Terms constitute the entire agreement between the parties and contains all of the agreements between the parties with respect to the subject matter hereof; these Terms supersedes any and all other agreements, either oral or in writing (including any interim agreements executed by the parties), between the parties hereto with respect to the subject matter hereof. No change or modification of these Terms shall be valid unless the same be in writing and signed by both Parties, respectively. All notices and other communications hereunder shall be in writing and shall be deemed given on delivery if delivered personally or sent by facsimile transmission with electronic confirmation, or four (4) business days following such notice being sent, if mailed by registered or registered, postage prepaid, to the other Party at the addresses as last reported to the other Party. Company is and shall remain an independent contractor of Users and nothing contained in these Terms shall be deemed to create an employer/employee, principal/agent, partnership, or joint venture relationship between the Parties Neither Party will have the right to assign, pledge or transfer all or any part of these Terms without the prior written consent of the other, except that Company may assign its rights and interests to another party without the approval of any User. If any provision of these Terms is held by a competent court to be invalid or unenforceable under applicable law, then such provision shall be severed from these Terms and the remainder of these Terms shall be interpreted as if such provision were so severed and shall be enforceable in accordance with its terms. Those provisions of these Terms which by their nature should survive termination, and all accrued and unpaid obligations arising hereunder, shall survive the expiration or termination of these Terms for any reason. No delay or omission by either party to exercise any right or power it has under these Terms shall impair or be construed as a waiver of such right or power. A waiver by either party of any covenant or breach shall not be construed to be a waiver of any succeeding breach or of any other covenant. All waivers must be in writing and signed by the party waiving its rights. The paragraph headings of these Terms are inserted for convenience only and shall not constitute a part of these Terms for the purposes of construing or interpreting any provision hereof. Whenever the context requires, words used in the singular shall be construed to include the plural and vice versa, and pronouns of any gender shall be deemed to include and designate the masculine, feminine or neutral gender. These Terms shall inure to the benefit of and be binding upon the respective successors and assigns of the Parties. Nothing in these Terms, express or implied, is intended to confer upon any party other than the Parties hereto or their respective successors and assigns any rights, remedies, obligations, or liabilities under or by reason of these Terms, except as expressly provided in these Terms. Each Party shall use all reasonable efforts to take all actions necessary or desirable to consummate and make effective the transactions these Terms contemplates or to evidence or carry out the intent and purposes of these Terms.
Customer Service.
If you have any comments or questions regarding these Terms or wish to report any violation of these Terms, you may contact us at contact@iqtestacademy.com