Welcome to Elevate assessments
These are the Terms and Conditions that govern the use of ELEVATE ASSESSMENTS and all its related Platforms and services. By using ELEVATE ASSESSMENTS Platform, you agree to these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not access, or use the Platform.
The following Terms and Conditions shall apply to all Users in relation to ELEVATE ASSESSMENTS provided services through ELEVATE ASSESSMENTS platform (the “Platform”). These Terms and Conditions come into force once you accept service through the Platform or any other form of communications with ELEVATE ASSESSMENTS. When referenced in this document, “ELEVATE ASSESSMENTS” refers to ELEVATE ASSESSMENTS FOR HR SERVICES.
Please note that you should review and agree with our Privacy Policy (Privacy Policy | Elev8 Assessments) as it is an integral part of these Terms and Conditions.
The User agrees and accepts that the use of the Platform and the Services provided by ELEVATE ASSESSMENTS is at the sole liability of the User, and further acknowledges that ELEVATE ASSESSMENTS disclaims all representations and warranties of any kind, whether expressed or implied.
These Terms and Conditions, along with the Privacy Policy, set out the whole agreement and understanding between ELEVATE ASSESSMENTS and the User. whether an individual or entity that accesses our Platform
The following definitions and rules of interpretation shall apply to these Terms and Conditions.
• “Application” shall refer to all applications for mobile, tablet, and other smart device systems developed or accessed through this Website or elsewhere, by which the services offered by ELEVATE ASSESSMENTS are made available.
• “API” shall refer to the Application Program Interfaces (API) accessed through the Website/Application.
• “Content” shall refer to all Services, Intellectual property, or Paid Services sold, licensed, or accessed on the Platform.
• “Intellectual Property” has the meaning defined in Section 6.
• “Confidential Information” shall mean information, including trade secrets, know-how, processes, techniques, and information relating to ELEVATE ASSESSMENTS' past, present, and future marketing, financial, research and development activities, and personal information about employees, policyholders, customers, licensors, contractors and others, that may be disclosed, whether orally or in writing, to the User, or that may be otherwise received or accessed by the User in connection with these Terms and Conditions or any other agreement with ELEVATE ASSESSMENTS, and which is information either identified as being Confidential Information, or which is information that a reasonable business person would understand to be Confidential Information.
• “Paid Services” shall refer to all commercial services made available by ELEVATE ASSESSMENTS.
• “Platform” shall refer to the Website, Application, API, any applications, sample and content files, source code, scripts, instruction sets, or software included as part of a service offered through the Website/Application or otherwise accessed via the Website/Application, as well as any related documentation, Any and all paid or unpaid services, digital products, or information about services or products of any kind, purchased, accessed or obtained through the Platform, Website, and Application.
• “Services” shall refer to all services accessed through the Website, Application, or elsewhere, which are provided by the Owner, as a part of the services advertised on or with the Platform, including but not limited to, the psychometric testing services and functions made available on the Platform, Website, and Application.
• “User”, “Users”, “You”, “Your” shall refer to the Users of the service
• “We”, “Us”, “Our”, “Company”, “Owner”, “ELEVATE ASSESSMENTS”, and “Platform” shall refer to ELEVATE ASSESSMENTS, its employees, and authorized agents.
• “Website” shall refer to the website, located at www.elev8assessments.com, including its subdomains and any other website through which the Owner makes services advertised, displayed, or accessed through this website.
• “Hate Speech” shall refer to any derogatory, defamatory, or demeaning information or communications related to any individual, or group, based on certain identifiable or personal characteristics, such as race, religion, sex, sexual orientation, country of origin, nationality, cultural practices, membership, or affiliations, or otherwise defined by ELEVATE ASSESSMENTS in their sole and absolute discretion.
Unless the context otherwise expressly requires, words in the singular include the plural, and words in the plural include the singular.
In ensuring that Users can form legally binding contracts, eligibility to use the Platform is not granted to persons under the age of 18 years, or the age of legal majority in your jurisdiction, whichever is greater.
If you are registering as a business entity, you represent and warrant that you have the authority to bind that entity to these Terms and Conditions and that you and the business entity will comply with all applicable laws and terms governing the use of the Platform.
Account registration requires you to submit to ELEVATE ASSESSMENTS certain personal information, including but not limited to your full name, address, email address, mobile phone number, and age. You agree to maintain true, accurate, complete, and up-to-date information in your Account. You are responsible for all activities that occur under your Account, and as such, you agree to maintain the security of your Account username and password at all times, unless otherwise permitted by ELEVATE ASSESSMENTS in writing.
User accounts are not transferable. You agree to reimburse ELEVATE ASSESSMENTS for any improper, unauthorized, or illegal use of your account by you or by any person obtaining access to the Platform, services, or otherwise by using your designated username and password, whether you authorized such access.
If ELEVATE ASSESSMENTS suspects, at its sole discretion, that any of the information you provided is untrue, inaccurate, incomplete, or not updated, without prejudice to any other rights and remedies of ELEVATE ASSESSMENTS under these Terms and Conditions or under the Applicable Laws, We have the right to suspend or limit your access to the Platform and its Services.
ELEVATE ASSESSMENTS may, at its sole discretion and at any time, make any inquiries it considers necessary, whether directly or through a third party, and request that you provide a response with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity, such information or documentation may include your trade license, other incorporation documents, and/or documentation showing any person's authority to act on your behalf. You agree to provide any information and/or documentation to ELEVATE ASSESSMENTS upon such requests. You acknowledge and agree that if you do not, ELEVATE ASSESSMENTS without liability shall have the right to limit, suspend, or withdraw your access to the Platform. We also reserve the right to cancel unconfirmed/unverified accounts or accounts that have been inactive for a long time.
By completing your registration, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions, along with the Privacy Policy, as they may be amended from time to time, which are hereby incorporated and made an integral part hereof.
This Platform and its content shall only be used within the scope of what it is provided for, under these Terms and the Applicable Law.
Users are solely responsible for making sure that their use of the Platform and/or the content violates no applicable law, regulations, or third-party rights.
Therefore, ELEVATE ASSESSMENTS reserves the right to take any appropriate measure to protect its legitimate interests by denying Users’ access to the Platform, or by reporting any misconduct performed through the Platform to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
a) violation of laws, regulations, and/or these Terms.
b) infringement of any third-party rights.
c) considerably impairing ELEVATE ASSESSMENT’S legitimate interests.
d) offending, harassing, or abusing ELEVATE ASSESSMENTS or any third party.
t) any other relevant activity which breaches these Terms, at the sole discretion and judgment of ELEVATE ASSESSMENTS, including but not limited to, sharing, uploading, distributing, or engaging in any Restricted User Content by the User.
We are a data-driven company that partners with companies throughout their employees’ life cycle to elevate talent-related decisions. We offer transformative science-based solutions, a user-friendly cloud platform, benchmark data, and data analytic services.
ELEVATE ASSESSMENTS is a niche consultancy specializing in delivering products and services focused on the selection and development of professionals. ELEVATE ASSESSMENTS is specially designed to serve entities and individuals interested in human resources and character analysis. The Services are intended to be available to businesses and individuals to help evaluate psychological characteristics, cultural traits, and personality traits related or relevant to certain jobs as well as workplace/job compatibility
Is to inspire businesses to utilize workforce insights to elevate value added in talent identification and development-related processes.
Is to provide talent management solutions that empower businesses and people to make data-driven hiring and developmental decisions that are supported by the latest science. We provide the opportunity to utilize best-of-the-breed talent assessments, underpinned by evidence-based models and user-friendly technologies to elevate your organization’s performance in a VUCA environment
By creating an account, you agree that you are communicating with Us electronically. Therefore, you consent to receive periodic communications from Us. ELEVATE ASSESSMENTS will communicate with you via e-mail or may send you information via text messages (SMS), as well as by posting notices on the Platform as part of the normal business operation of your use of the Services. You acknowledge that opting out of any of the said means of communication may affect your use of the Services.
You agree that all agreements, notices, disclosures, and other communications, that we provide to you electronically, meet any legal requirement that such communications be required in writing
ELEVATE ASSESSMENTS will request your approval during the registration process to send you promotional emails or notifications related to the Platform and its services. If at any time, you decide that you do not wish to receive promotional emails, you can opt-out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
6.1 Unless where otherwise expressly specified, all Content available on the Platform is owned by the ELEVATE ASSESSMENTS or its licensors.
6.2 ELEVATE ASSESSMENTS undertakes its utmost effort to ensure that the Platform and its content infringe no applicable legal law or third-party rights.
6.3 In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
6.4 All information and content displayed on the Platform is the sole property of ELEVATE ASSESSMENTS and/or any third parties with whom ELEVATE ASSESSMENTS contract use of such content. This includes, but is not limited to, all ideas, information, designs, images, titles, articles, content, patentable materials, trade names, copyrightable materials, trade secrets, trademarks, service marks, business ideas, software, source code, functionalities, features, layouts, videos, and any information, content or material contained on the Platform (“Intellectual Property”) as well as any derivative works of any Intellectual Property, and such Intellectual Property may not be reused, duplicated, copied, licensed or sold to any third party without the express written consent of ELEVATE ASSESSMENTS. All Intellectual Property and its derivative works are solely owned by ELEVATE ASSESSMENTS and any of its licensors, and all rights to such Intellectual Property and their derivative works vest exclusively with ELEVATE ASSESSMENTS and any applicable licensors. No Intellectual Property or their derivatives, licensed or accessed on the Platform, may be copied, duplicated, resold, reverse engineered, or modified for sale in any form by a User, and such Intellectual Property is only to be used for the use expressly permitted by ELEVATE ASSESSMENTS by these Terms or otherwise in writing. Any acts or omissions which violate the terms of this clause shall render the User responsible for such acts and fully liable to ELEVATE ASSESSMENTS upon demand, and such liabilities include lost profits, legal fees, attorney fees, and any costs incurred by ELEVATE ASSESSMENTS in remedying the consequences of and preventing the acts in violation of this clause. By accessing the Platform, you agree that you shall be fully liable for any failure to comply with the requirements of this clause. Any commercial reselling, duplication or reverse engineering of any Intellectual Property, Services or products accessed through the Platform is by default an act in violation of this clause, and the perpetrator of such an act shall be fully liable to ELEVATE ASSESSMENTS, on-demand, as described in this clause.
6.5 Without prejudice to any more specific provision of these Terms, any Intellectual Property rights, such as copyrights, trademark rights, patent rights, and design rights related to the Platform are the exclusive property of ELEVATE ASSESSMENTS or its licensors and are subject to the protection granted by applicable laws or international treaties relating to Intellectual Property. All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with the Platform are, and remain, the exclusive property of ELEVATE ASSESSMENTS or its licensors and are subject to the protection granted by applicable laws or international treaties related to Intellectual Property.
6.6 Any Intellectual Property rights and any other exclusive rights on any Intellectual Property or software or technical applications embedded in or related to the Platform are held by ELEVATE ASSESSMENTS and/or its licensors.
6.7 Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, ELEVATE ASSESSMENTS merely grants Users a revocable, non-exclusive, non-sublicensable, and non-transferable license to use any Intellectual and software and/or any other technical means embedded in the Services within the scope and for the purposes of the Platform and the Services offered.
6.8 This license does not grant Users any rights to access, usage, or disclosure of the original source code. All techniques, algorithms, and procedures contained in the Platform and Intellectual Property, or any related software and any documentation thereto related is ELEVATE ASSESSMENTS or its licensors’ sole property
6.9 All rights and licenses granted to Users shall immediately terminate upon any termination or expiration of the User’s account or access to the Platform.
6.10 ELEVATE ASSESSMENTS may make use of third-party software or information in the provision of the Intellectual Property and Services, as other third-party software applications, know-how, information, images, expertise, or information of any kind (“third-party IP”). The User agrees that they shall only use the third-party Intellectual Property to the extent permitted, and in the manner permitted by any third-party licensors of such third-party IP, and that they are fully, solely, and individually responsible for learning about, complying with, and upholding any third-party Intellectual Property licenses, rights and Terms of use.
Subject to the User`s compliance with these Terms and Conditions, ELEVATE ASSESSMENTS grants the User a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:
- access and use the Services solely in connection with the provision of the Services;
- access and use any content, information, and related materials that may be made available through the Services; and
- Any rights not expressly granted herein are reserved by ELEVATE ASSESSMENTS and may be revoked at any time without notice to the User.
The User shall not use any trademark or any Intellectual Property rights belonging to ELEVATE ASSESSMENTS from any portion of the Services, and shall not reproduce, modify, prepare, publicly, perform, transmit, stream, broadcast, or otherwise exploit the Services except as expressly permitted by ELEVATE ASSESSMENTS in writing, and shall not decompile, reverse engineer or disassemble the Services, and shall not link to mirror or frame any portion of the Services or launch any programs or scripts for the purpose of scraping, indexing, surveying or otherwise data mining any portion of the Services, or unduly burdening, or hindering the operation and/or functionality of any aspect of the Services or attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
The User may not post anywhere else on the Platform (as determined at our sole discretion): solicitation, advertising, foul language, profanities, obscenities, culturally offensive material, religiously offensive material, critical political content, or material that may threaten the public interest or national security, defamatory or libelous harassment, or other content that may be offensive or indecent.
The Services may be made available or accessed through Third-Party Service Providers and content (including advertising) that ELEVATE ASSESSMENTS does not control. You acknowledge that different Terms of use and privacy policies may apply to you for use of such third-party services and content. ELEVATE ASSESSMENTS does not endorse such third-party services and content and in no event shall ELEVATE ASSESSMENTS be responsible or liable for any of the services of these Third-Party Service Providers.
Users shall not disclose any information received under the contract of service with ELEVATE ASSESSMENTS to any third party. Access to any information which pertains to the business of ELEVATE ASSESSMENTS shall be kept confidential to the extent it might adversely impact ELEVATE ASSESSMENTS’ business. User(s) shall be liable to indemnify ELEVATE ASSESSMENTS against any loss of business or reputation due to the act of the User(s).
Examples of Confidential Information include, but are not limited to, compensation rates, customer lists, pricing policies, market analyses, market projections, consulting, sales and marketing methods and techniques, expansion plans, programs, routines, operating systems, internal controls, security procedures, inventions, object and source codes (including updates thereto), and related items, together with all information, data, and know-how, technical printouts, notes, and annotations on disks, tapes, both master and duplicates.
The services are provided “as is “and “as available “ELEVATE ASSESSMENTS declaims all representations and warranties express, implied, or statutory, not expressly set out in this term and conditions, in addition, ELEVATE ASSESSMENTS makes no representations, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any service requested through the use of the services or the service will be uninterrupted or error-free. ELEVATE ASSESSMENTS don’t guarantee the quality, suitability, or ability of the services you agree that the entire risk arising from the use of the service remains solely with you to the maximum extent permitted under applicable law. The information contained in the platform is for general information purposes only. The information provided by ELEVATE ASSESSMENTS while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind express or implied about the completeness, accuracy, reliability, suitability, or availability with respect to the platform or the information services or related graphics contained on the platform for any reliance you place on such information is therefore strictly at your own risk
All accounts registered with ELEVATE ASSESSMENTS are continuously tracked for security purposes and performance reasons.
ELEVATE ASSESSMENTS shall not be responsible for any action from the users towards the service providers or any act from the service providers towards ELEVATE ASSESSMENTS users.
10.1 General Disclaimers
a) The User agrees that any Services, Intellectual Property, or products sold, licensed, or accessed on the Platform shall be on an “as is” basis which means that they accept the content as listed or described on the Platform and will not hold ELEVATE ASSESSMENTS accountable for anything beyond what is specifically listed in terms of the content specifically or explicitly described on the Platform. ELEVATE ASSESSMENTS bears no liability for any costs, injuries to person or property, or damages of any kind, arising from the misuse of the content accessed or licensed via the Platform. All such content is accessed at the sole risk and discretion of the User, and the User acknowledges that such content is accessed or purchased as is while waiving all claims against ELEVATE ASSESSMENTS for any damages arising out of the use or application of any content provided via the Platform. Once the content is purchased or accessed from the Platform, there are no refunds permitted, unless ELEVATE ASSESSMENTS, at its sole and absolute discretion, deems that a refund is warranted to the User.
b) ELEVATE ASSESSMENTS may make use of various subjective programs, psychometric testing functions, aptitude, and personality testing methods, applications, systems, procedures, processes, algorithms, artificial intelligence systems, and features (“Features”) which utilize information voluntarily provided by the User to ELEVATE ASSESSMENTS, and which may involve personality tests, the use of background information and other data concerning the User, and the analysis of the same. Such Features are provided on an “as is” basis, and the User agrees that any analysis or data generated through such features is highly subjective and may only be used or relied on at the sole risk and discretion of the User. Furthermore, the User acknowledges that ELEVATE ASSESSMENTS is not liable for any use of such Features by, with, or for any third party, when such third party and the User are considering any employment or work relationship. The User agrees and accepts that the User will not hold ELEVATE ASSESSMENTS responsible for any use of the Features by themselves or by any third party, which involves the use of the User’s or third party’s data, or for the use, accuracy, and reliability of the Features by the User in any way whatsoever. The User is responsible for their use of the Features and for all results obtained from the use of the Platform as well as any actions taken – or not taken – based on the Content.
c) Users agree and acknowledge that it will be the Users themselves, and not ELEVATE ASSESSMENTS, who are responsible for compliance with any laws applicable to the User’s use of the Content and Features, and any employment-related decisions taken on the reliance of such use, which includes but are not limited to immigration laws, taxation laws, employment laws, contract laws, anti-corruption laws, anti-discrimination laws or any other applicable law in a jurisdiction to which the User, a third party or ELEVATE ASSESSMENTS is subject. Users are also independently responsible for the terms of their agreements or transactions with any third parties which arise from or are affected by any use of Content or Features. Users will immediately defend, indemnify and hold ELEVATE ASSESSMENTS harmless against any costs, claims, liabilities, damages, penalties, sanctions, or government actions that are incurred by ELEVATE ASSESSMENTS in connection with the User’s responsibilities described in this clause
d) TO THE FULL EXTENT PERMISSIBLE BY LAW, ELEVATE ASSESSMENTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ELEVATE ASSESSMENTS DO NOT WARRANT THAT THE CONTENT, INFORMATION, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), FEATURES, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM, ELEVATE ASSESSMENT’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM ELEVATE ASSESSMENTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR SHALL REMAIN UNINTERRUPTED OR ACCESSIBLE AT ALL TIMES. ACCESS TO THE CONTENT MAY BE DISCONTINUED AT ANY TIME, AT THE SOLE AND ABSOLUTE DISCRETION OF ELEVATE ASSESSMENTS, EXCEPT TO THE EXTENT OF ANY CONTRACTUAL OBLIGATIONS BINDING ELEVATE ASSESSMENTS THAT ARISE EXCLUSIVELY FROM THE PAYMENT BY THE USER FOR ANY PRODUCT, SERVICE, OR CONTENT. TO THE FULL EXTENT PERMISSIBLE BY LAW. ELEVATE ASSESSMENTS WILL NOT BE LIABLE FOR ANY DAMAGES FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES UNLESS OTHERWISE SPECIFIED IN WRITING.
11.1 To the maximum extent permitted by Applicable Laws, in no event shall ELEVATE ASSESSMENTS, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees are liable for:
a) any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service.
b) any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the content or User accounts or the information contained therein.
c) any errors, mistakes, or inaccuracies of the Content.
d) personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the content.
e) any unauthorized access to or use of ELEVATE ASSESSMENTS secure servers and/or all personal information stored therein.
f) any interruption or cessation of transmission to or from the Content.
g) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Content.
h) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services; and/or
i) the defamatory, offensive, or illegal conduct of any User or third party.
In no event shall ELEVATE ASSESSMENTS, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees are liable for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount paid by User to ELEVATE ASSESSMENTS hereunder in the preceding 12 months.
11.2 This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if ELEVATE ASSESSMENTS have been advised of the possibility of such damage.
11.3 Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; therefore, the above limitations or exclusions may not apply to the User. The Terms give the User specific legal rights, and the User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the Terms shall not apply to the extent prohibited by applicable law.
The User agrees to defend, indemnify and hold ELEVATE ASSESSMENTS and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:
a) User’s use of and access to the Content, including any data or information transmitted or received by User.
b) User’s violation of these Terms, including, but not limited to, User’s breach of any of the representations and warranties outlined in these Terms.
c) User’s violation of any third-party rights, including, but not limited to, any right of privacy or Intellectual Property rights.
d) User’s violation of any statutory law, rule, or regulation.
e) Any Content that is submitted from the User’s account, including third party access with the User’s unique username, password, or another security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information.
f)) Any costs and damages incurred which arise from or are related to the User’s content, as uploaded to the Platform by the User, and its accuracy, reliability, or nature (i.e. if Elevate Assessments faces any legal action, or has to take actions to remove such content due to its inaccuracy, nature as discriminatory or offensive content, or due to material misrepresentations made in such User Content).
g) User’s willful misconduct.
ELEVATE ASSESSMENTS shall not be liable for any delay, interruption, or failure in the provisioning of Services if caused by acts of Force Majeure, including but not limited to declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay Service provisioning. Governmental and administrative orders shall be deemed as an act of Force Majeure in the interpretation of these Terms and Conditions.
The rights and obligations of the parties pursuant to this Terms & Conditions are governed by and shall be construed by the laws of the Arab Republic of Egypt.
Where there is any inconsistency arising from the English and Arabic text of these Terms and Conditions, the Arabic version shall prevail.
You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Arab Republic of Egypt for any dispute arising under or relating to these Terms & Conditions and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under these Terms & Conditions in any jurisdiction where you reside, do business, or have assets.
If any part of these Terms and Conditions is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of the Terms and Conditions in any way.
This Agreement along with ELEVATE ASSESSMENTS’ Privacy Policy, as may be updated from time to time and posted at (Privacy Policy | Elev8 Assessments) constitutes the complete agreement and understanding between ELEVATE ASSESSMENTS and You with respect to the Service and supersedes any other form of agreement.
17.1 ELEVATE ASSESSMENTS may allow Users to upload, share or provide their own data, software, images, materials, information, graphics, text, or User-created content of any identifiable nature (“User Content”) to the Platform.
17.2 By providing User Content to the Platform, Users confirm that they are legally allowed to do so and that they are not infringing any legal rules and/or third-party rights.
17.3 Further insights regarding acceptable User Content can be found inside the section of these Terms which details the acceptable uses.
18.1 Users acknowledge and accept that by providing their User Content on the Platform they grant ELEVATE ASSESSMENTS a non-exclusive, fully paid-up, and royalty-free license to process such content solely for the operation and maintenance of the Platform as contractually required.
18.2 To the extent permitted by Applicable Law, Users waive any moral rights in connection with User Content they provide to the Platform.
18.3 Users acknowledge, accept, and confirm that all content they provide through the Platform is subject to the same general conditions set forth for Content on the Platform.
18.4 Users are solely liable for any User Content they upload, post, share, or provide through the Platform.
18.5 Users acknowledge and accept that ELEVATE ASSESSMENTS at their discretion, may filter or moderate such User Content in a preventative manner.
18.6 Therefore, ELEVATE ASSESSMENTS reserves the right to refuse, censor, remove, delete, block or rectify such User Content at its absolute discretion and to deny access to the Platform to the uploading User without prior notice, if it considers such content to infringe any applicable laws, legal provision or third party right, or to otherwise represent a risk for Users, third parties, ELEVATE ASSESSMENTS and/or the availability of the Content in general.
18.7 The removal, deletion, blocking, or rectification of User Content shall not entitle Users that have provided such User Content or that are liable for it, to any claims for compensation, damages, or reimbursement.
18.8 Users agree to hold ELEVATE ASSESSMENTS harmless from and against any claim asserted and/or damage suffered due to User Content they provided to or provided through the Platform.
18.9 The User agrees that any User Content uploaded to the Platform shall be free from viruses, malware, spyware, or any other software of a malicious nature and that it shall be free from any illegal, obscene, or inappropriate materials, which shall include child pornography, pornography, materials which contain discriminatory, racist, sexist, homophobic, xenophobic, hate speech, other prejudicial messages, images or information of any kind, or any other materials or User Content which ELEVATE ASSESSMENTS deems inappropriate in their sole and absolute discretion (“Restricted User Content”). ELEVATE ASSESSMENTS may, at their sole and absolute discretion, remove any Restricted User Content if detected on the Platform, and further delete or restrict access to the User’s account if they have been found to have uploaded any Restricted User Content, without any liabilities for loss of data, or damages of any kind, whatsoever.
19.1 Paid Services
Some of the content provided on the Platform may be provided in exchange for a payment (hereinafter “Paid Services”). The fees, duration, and conditions applicable to the purchase of such Paid Services will be in the dedicated sections of the Platform.
19.2 Paid Service description
Descriptions or availability of Paid Services is outlined in the respective sections on the Platform, or as otherwise communicated to the User and are subject to change without notice. While Paid Services on the Platform are presented with the greatest accuracy technically possible, representation on the Platform through any means (including, as the case may be, graphic material, images, colors, and sounds) is for reference only and implies no warranty as to the characteristics of the purchased Paid Service. The characteristics of the chosen Paid Service will be outlined during the purchasing process.
19.3 Purchasing process
Any steps taken from choosing a Paid Service to order submission form part of the purchasing process.
The purchasing process may include the following steps, which will vary at the discretion of Elevate Assessments (i.e., the below is for reference purposes only):
a) Users must choose the desired Paid Service and verify their purchase selection.
b) After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.
c) Elevate Assessments may also specify the purchasing process in writing to a User prior to the submission of an order.
19.4 Order submission
When the user submits an order, the following applies:
a) The submission of the order determines the contract conclusion and therefore creates for the User the obligation to pay the price, taxes, and possible further fees and expenses, as specified on the order page.
b) In case the purchased Paid Service requires active input from the User, such as the provision of personal information or data, specifications, or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
c) Upon submission of the order, Users will receive a receipt confirming that the order has been received.
d) All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
19.5 Prices
Users are informed during the purchasing process and before order submission, about any fees, taxes, and costs (including, if any, delivery costs) that they will be charged. Elevate Assessments shall inform the Users about such prices in writing, prior to any completed purchase. Prices will not be displayed separately on the Platform.
Prices communicated to the User by Elevate Assessments in writing, are displayed either exclusive or inclusive of any applicable fees, taxes, and costs. All fees paid to Elevate Assessments for any access to content or Services are non-refundable, unless Elevate Assessments decides otherwise for a particular User, at its sole discretion.
19.6 Methods of payment
Information related to accepted payment methods is made available during the purchasing process. Some payment methods may only be available subject to additional Conditions or fees. In such cases, related information can be found in the dedicated section of the Platform. All payments are independently processed through third-party services. Therefore, the Platform does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. If payment through the available methods fails or is refused by the payment service provider, ELEVATE ASSESSMENTS shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.
19.7 Usage Rights
Until payment of the total purchase price is received by ELEVATE ASSESSMENTS, the User will not receive a right of use or ownership, if applicable, related to any Paid Services.
19.8 Delivery of digital content
Unless otherwise stated, digital content purchased on the Platform is delivered via download or the browser on the device(s) chosen by Users. Users acknowledge and accept that in order to download and/or use the Paid Services, the intended device(s), and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market standards. Users acknowledge and accept that the ability to download the purchased Paid Service may be limited in time and space.
19.9 Performance of services
The purchased Paid Services shall be performed or made available within the timeframe specified on the Platform or as communicated before the order submission. Wherever possible, the purchased Paid Services shall be performed or made available within the timeframe specified on the Platform or as communicated in writing before the order submission.
20. No Waiver
ELEVATE ASSESSMENT’S failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered as a further or continuing waiver of such term or any other term.
21.1 To ensure the best possible service level, ELEVATE ASSESSMENTS reserves the right to interrupt access to the content for maintenance, system updates, or any other changes while informing the Users appropriately about such interruptions when they occur.
21.2 Within the limits of the law, ELEVATE ASSESSMENTS may also decide to suspend or terminate the content access altogether. If the content access is terminated, ELEVATE ASSESSMENTS will cooperate with Users to enable them to withdraw Personal Data or information in accordance with Applicable Law, if this is required.
21.3 Additionally, the Content might not be available due to cases of Force Majeure (e.g., labor actions, infrastructural breakdowns, blackouts, etc.).
ELEVATE ASSESSMENTS reserves the right to amend or otherwise modify these Terms at any time. In such cases, ELEVATE ASSESSMENTS will inform the User of these changes appropriately. Such changes will only affect the relationship with the User in the future. The continued use of the content will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using or accessing the content. Failure to accept the revised Terms, entitle ELEVATE ASSESSMENTS to terminate the access to the accounts or the content for the User. The applicable previous version of the Terms will govern the relationship prior to the User's acceptance. The User can obtain any previous version of the Terms from ELEVATE ASSESSMENTS. If required by applicable law, ELEVATE ASSESSMENTS will specify the date by which the modified Terms will enter into force.
ELEVATE ASSESSMENTS reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes to these Terms will apply accordingly. Users may not assign or transfer their rights or obligations under these Terms in any way, without the prior written permission of ELEVATE ASSESSMENTS.
Elevate Assessments may be contacted at the following email address:
25.1 The full scope of the Privacy Policy for the Platform governs the Data Protection rights of the User accessing the Platform. In case of any conflict between the Privacy Policy and these Terms, the Privacy Policy shall govern any matter related to the User’s Privacy Rights and Data. However, for all other matters, it is these Terms which shall govern all relations between the User and ELEVATE ASSESSMENTS.
25.2 Any personal or sensitive data shared on the Platform shall remain the property of the User and shall be subject to full confidentiality and data protection obligations on the part of ELEVATE ASSESSMENTS. However, the User of the Platform specifically allows ELEVATE ASSESSMENTS, by the act of creating an account, accessing specific content, or purchasing any Paid Services, to use any such personal or sensitive data, and transmit such data to third parties with reasonable and adequate data protection, confidentiality and data security capabilities and obligations, and to other regions with similar or less data protection regulations in place, if required for the sole purpose of providing content, Paid Services or access to the Platform, for the User specifically. If the Users, submitting any information to ELEVATE ASSESSMENTS via the Platform, do not wish to have their data sent to third parties, or other regions outside their home jurisdiction, then they shall communicate this in writing to ELEVATE ASSESSMENTS, who will then determine whether they can continue providing the account, content, or Paid Services to such a User without remitting or using their data as described. If ELEVATE ASSESSMENTS, at its sole discretion, discontinues any account, any Paid Services, or access to content, for a User making such a declaration, then any fees paid or currency of value transferred to ELEVATE ASSESSMENTS shall be rendered forfeited to ELEVATE ASSESSMENTS, and shall be non-refundable.
These Terms and Conditions were last updated on (30/6/2022)