Bayt.com Online Psychometric Evaluation Services Terms of Agreement
All purchases are not refundable. Please refer to the Terms of Agreement for details. By clicking the "I AGREE" button, you agree to Bayt.com''s terms of agreement as set forth below.
Bayt.com Online Psychometric Evaluation Services are defined as paid services provided by Bayt.com ("Bayt") to you ("Customer") whereby Bayt.com will provide online access to one or more pre-designed online "tests" published under the scope of Bayt.com Online Psychometric Evaluation Services. Upon purchase of the product(s) the customer is deemed to be in agreement and in acceptance with all clauses and sub-clauses mentioned herein.
Whereby - Bayt.com or any of its employees do not guarantee the accuracy of the report(s). The report(s) are purely indicative and are not certified reference for any professional or non-professional purposes - including but not limited, job applications on or off Bayt.com. All content of the test(s) and the report(s) is/are property of Bayt.com Inc, and is/are meant solely for the use/perusal of the customer, for a period determined by Bayt.com Test administrators. Any part of the test(s) or the report(s) cannot be reproduced in any online or offline communication without the express written permission of Bayt.com Inc. Upon purchase of the test(s), the customer will have a maximum of 6 months to complete the test(s) from the date of purchase. The link(s) provided upon payment, grants access to the customer for the test(s) to be taken only once- in single or multiple sessions. Upon completion of the test(s) or 6 months from the date of purchase – whichever is earlier - the test link(s) will be deactivated/ removed from the Customer’s Bayt account. Amounts for Tests once purchased cannot be refunded or access to the tests cannot be transferred to another user. Bayt.com is committed to continually upgrading the test(s) and making them more accurate, if any proposed changes are likely to affect a customer who has partially completed the purchased test(s) saved in the Bayt workspace. Bayt will intimate the customer well in advance and notify the customer of the cutoff date for the test(s) to be completed. Links to any test(s) not completed within the stipulated date may be permanently deleted from the customer''s Bayt workspace. Bayt.com is not liable to provide a refund or a replacement for the test in such an instance.
All amounts payable by Customer must be received in full prior to availing the Bayt.com Online Psychometric Evaluation Services. Customer will be responsible for the payment of any present or future sales, use, excise or other similar tax (excluding taxes based on Bayt.com's net income) applicable to the services hereunder. Amounts paid hereunder are non-refundable.
BAYT.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT WITH RESPECT TO ITS ONLINE PSYCHOMETRIC EVALUATION SERVICES, OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE THEREOF.
In light of the above, Customer further acknowledges that:
- Bayt.com is not and may not be involved in any means in any transaction between Customer and employers.
- Bayt.com has no control over the truth or accuracy of the answers / information provided by Customer, the ability of employers to offer interviews and/or employment opportunities to Customer or the ability of Customer to fill job openings. Bayt.com makes no representation about the truthfulness, accuracy, reliability, completeness, or timeliness of the reports.
- Bayt.com is not responsible for any interview or employment decision directly or indirectly based on the reports generated through the Online Psychometric Evaluation Services.
- Bayt.com does not warrant that the site and/or Online Psychometric Evaluation Services will operate error-free or that the site and/or Online Psychometric Evaluation Services and its server (or any software and materials accessible through the site) shall remain free of computer viruses or other harmful mechanisms. It is agreed between the Parties that if the use of the site and/or Online Psychometric Evaluation Services results in the need for Customer for servicing or replacing equipment or data, Bayt.com shall not be responsible for those costs. Bayt.com makes no further warranties about the accuracy of the software, texts, graphics, and links used in relation with and/or on The Web Site site and/or Online Psychometric Evaluation Services.
- In no event shall Bayt.com be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, incidental and consequential damages, lost profits, or damages resulting from lost data) arising out of or in any way connected to the use or inability to use The Web Site site and/or Online Psychometric Evaluation Services (or any linked sites) and the material or for any information, software, products and services through the Web Site site, whether based on warranty, contract, tort, or any other legal theory, and whether or not Bayt.com is advised of the possibility of such damages.
(a) Customer will indemnify Bayt.com and its respective officers, directors, employees and agents (each, in such capacity, an "Indemnified Party" and, collectively, the "Indemnified Parties"), from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from (i) a breach by Customer of this Agreement or of any representation, warranty, covenant or agreement contained herein, or (ii) the provision of any material to the Site by or on behalf of Customer, including but not limited to claims of breach of third party intellectual property rights. For purposes of the foregoing indemnity, the parties acknowledge that the following items will not constitute material provided to the Site by or on behalf of Bayt: all tests, reports, job postings and listings, all CV, all cover letters, all CV evaluations, all chat room submissions, all message board submissions and all materials submitted by or on behalf of Customer.
5.Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, (A) BAYT.COM WILL NOT BE LIABLE TO ANY OTHER PARTY (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM THE OTHER PARTY'S RIGHTS) FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND - INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA - ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER (INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY BREACH HEREOF), REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF AND (B) BAYT.COM'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO BAYT.COM HEREUNDER.
Bayt.com specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:
(a) Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate CV (living individual seeking employment on a full-time or part-time basis on his or her own behalf). (b) Impersonating any person or entity, including but not limited to a Company official, forum leader, guide or host or falsely stating or otherwise misrepresenting your affiliation with a person or entity. (c) Posting or transmitting any content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements). (d) Posting any franchise, pyramid scheme, club membership, distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents. (e) Posting or transmitting any unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation or any non-CV information such as opinions or notices, commercial or otherwise. (f) Transmitting, posting, distributing or storing any message, information, data, text, software or images, or other materials (Content) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, sexually-explicit, libelous, hateful, racially, ethnically or otherwise objectionable to another user or any other person or entity. (g) Posting or transmitting any Content that contains viruses or corrupted data, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. (h) Deleting any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature. (i) Using the Web Site's communication features in a manner that adversely affects the availability of its resources or other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text). (j) Uploading, transmitting or posting any Content or using the Web Site in any manner that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or violate the privacy, publicity or other personal rights of any third parties. (k) Responding to any employment opportunity on the Web Site for any reason other than to apply for the job. Communications soliciting the employer's business by our competitors are prohibited. (l) Printing out or otherwise copying or using any personally identifiable information about employees or business information about employers. Unsolicited e-mail, telephone calls, mailing or other contacts to posting individuals and companies are prohibited. (m) Reselling or assigning your rights or obligations under these Terms and Conditions of Use. (n) Making any unauthorized use of the Web Site. (o) Violating any applicable local, state, national or international law or regulation.
Notwithstanding anything to the contrary contained herein, Customer will not use or attempt to use, and will cause each party under Customer's control not to use or attempt to use, any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from Bayt.com on the Site and other than generally available third party web browsers (e.g. Netscape Navigator, Microsoft Explorer). This Agreement (i) constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any previous oral or written arrangements or understandings relating thereto as well as any purchase orders not supplied by Bayt.com that have been or may from time to time be submitted by Customer, (ii) may be signed in counterparts, (iii) will be governed by the laws of the United Kingdom (other than the conflicts of laws provisions thereof), (iv) may not be amended, terminated or waived orally, and (v) may not be assigned or resold, in whole or in part, directly or indirectly, by operation of law, merger, asset or stock sale or transfer or otherwise, by either party, except to a party controlling, controlled by or under common control with the assigning party, provided that written notice of any such permitted assignment will be given to the non-assigning party prior to any such assignment and provided further that the assignor will remain jointly and severally liable with the assignee for all obligations of the assignor and assignee hereunder, regardless of whether such obligations arise prior to, at, or subsequent to the assignment. Notwithstanding the foregoing, Customer will use all products and services purchased hereunder solely for its own internal business purposes and will not resell or transfer to any third party any product or service provided by Bayt.com to Customer hereunder. Any terms of this Agreement that may be invalid will not affect the validity of enforcement of the remaining valid terms of this Agreement. The terms and conditions of this Agreement may not be amended without the affirmative written consent of both parties. All notices given hereunder will be given by first class mail, return receipt requested, or overnight courier, to the respective address set forth herein, and will be deemed given upon actual delivery thereof. The headings used herein are for ease of reference only and will not be used to construe or interpret the provisions of this Agreement.