Terms & Conditions

1. The following definitions apply:
   
   
   • "Commencement Date" means the date for the commencement of the Services as set out in the Order Confirmation.
   • "Individual" means the person who has set up an account with the Supplier in order to use the Services.
   • "Order Confirmation" means the confirmation of purchase on the Website of one or more of the Services.
   • "Recruiter" means the company, firm or organisation which has set up an account with The Supplier in order to use the Services.
   • "Supplier" means Reed Online Ltd and PEAK Learning Inc. acting jointly to Supply the Services.
   • "Services" means the online assessment or screening services as set out in clause 2.
   • "Users" means Individuals and Recruiters
   • "Terms" means these terms and conditions.
   • "Website" means www.3GMindset.com and includes without limitation its content, databases, software, code and graphics.
2. The following Services are available from The Supplier via the Website:
   
   
   • Individuals: measure mindset attributes, and provide developmental tools to enhance mindset
   • Recruiter Screening: provide understanding of the mindest attributes of applicants to the recruiter’s job vacancies
3. The Supplier shall provide the Services in accordance with these Terms. A User must set up an account with The Supplier in order to gain access to the Services. The Services do not constitute an offer by The Supplier, and The Supplier reserves the right in its sole and absolute discretion to refuse to offer the Services to any person or organisation.
4. A legally binding contract between The Supplier and the User comprising these Terms and the Order Confirmation will come into effect when the screen confirming successful purchase of Services appears on the Website.
5. The Supplier shall perform the Services using information and criteria supplied by the User. It is the User's responsibility to provide accurate and up to date information.
6. The User undertakes not to submit for inclusion in anything to appear on the Website (if any), any material which is illegal, defamatory, offensive, fraudulent, violent, discriminatory, obscene or sexually explicit or which may adversely affect The Supplier or The Supplier's reputation.
7. The Supplier shall issue an invoice to the Recruiter on formation of contract as set out in clause 4 above, and in the case of subscription Services, at agreed intervals in advance thereafter. The Recruiter shall pay The Supplier's invoices in full within 14 days from the date of invoice. In the event of late payment, The Supplier may suspend any or all of the Services until payment is received. In the event that the Recruiter fails to pay any invoice within 7 days of receipt of a notice to pay (receipt shall be deemed to be 2 working days after the date of such notice), The Supplier may terminate the Services and all outstanding invoices shall become payable immediately. In the case of subscription Services, the fees in respect of any outstanding minimum term shall also become payable immediately. For the avoidance of doubt, the Recruiter shall remain liable for payment of all agreed Services notwithstanding such Services have been suspended or terminated under this clause 7. Without prejudice to any other remedy, The Supplier reserves the right to charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended.
8. Individuals will pay for the Services by credit or debit card in full prior to the supply of the Services by the Supplier.
9. Once a contract has been formed, The Supplier cannot accept any cancellation of the agreed Services: no refunds will be given and outstanding invoices shall remain payable. Subscription Services are for a minimum term of 12 months unless otherwise agreed with The Supplier: in the event of early termination, no refunds will be given, outstanding invoices shall remain payable, and the fees in respect of any outstanding minimum term shall become payable.
10. The Supplier may, in its sole and absolute discretion, add to, modify or discontinue any of the Services from time to time. However, this will not affect any Order Confirmation agreed prior to any change or withdrawal of the relevant Service.
11. The Supplier reserves the right to change the fees and/or these Terms from time to time, provided that no change shall be retrospective.
12. Without prejudice to any other remedy, The Supplier may terminate the User's account and any or all contracts and Services with immediate effect in the event of material or persistent breach of these Terms by the User or if The Supplier has reasonable grounds to believe that the User cannot or will not pay its debts.
13. The Supplier reserves the right in its sole and absolute discretion to close any account at any time without reason. Examples of accounts that may be closed include, but are not limited to:
    
    
    • those of Users who have not provided full or accurate contact information
    • those of Users that The Supplier considers to be acting inappropriately or illegally
    • those of Recruiters who fail The Supplier's credit checking process, or who default on payment.
14. The User agrees to use the Website and the Services in 'good faith'. The User also agrees that any abuse of the Services, Website or these Terms can result in the User's access to the Services being removed, and its account terminated.
15. All intellectual property rights connected with the Services and/or the Website shall remain vested in The Supplier or any third party from whom such rights are licensed. The Client shall not reproduce, copy, modify, adapt, publish, transmit, distribute or in any way commercially exploit any material which is subject to any such intellectual property rights.
16. The Supplier cannot guarantee that (i) the Website and/or the Services will be available at all times; (ii) the Website will be free from errors, viruses and/or other harmful applications; and (iii) the Services will generate any applications, responses or results.
17. The Supplier shall not be in breach of these Terms if events beyond its reasonable control prevent The Supplier from performing the Services.
18. It is the Users' responsibility to protect their computers against any viruses and malware.
19. These Terms and, where appropriate, the Order Confirmation contain the entire agreement and understanding between The Supplier and the User. The User acknowledges that it has not relied on any representation made by The Supplier in entering this contract, however, nothing in this clause shall exclude any liability for fraudulent misrepresentation. To the fullest extent permitted by law, all terms implied by law or statute are excluded.
20. In the event that the User makes a claim against The Supplier for whatever reason, The Supplier's liability (if any) shall not exceed the price paid or to be paid by the User for the Services. Under no circumstances shall The Supplier be liable for any consequential, indirect or special losses howsoever arising or for any loss of profits, revenue, interest, goodwill, business and/or savings (whether direct or indirect). Nothing in these Terms shall be construed to exclude or limit The Supplier's liability for death or personal injury caused by its negligence or any other liability which cannot by law be excluded.
21. If any clause or part of a clause is held to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining clauses or parts.
22. Notices to The Supplier shall be sent by email to enquiry@3Gmindset.com and notices to the User shall be sent by email to the address supplied on set up of the User's account.
23. From time to time The Supplier will contact Clients in order to evaluate the service they receive and also to promote The Supplier's services and products. The Supplier monitors the quality of vacancies from time to time in order to provide a better service to candidates.
24. The Client undertakes not to solicit, or endeavour to solicit, for employment or engagement with itself or any associated company or organisation, any employee of The Supplier or of any member of the The Supplier Group. Breach of this clause shall be a material breach and will entitle The Supplier, without prejudice to any other remedies it may have, to terminate the Client's account and Services immediately.
25. For the avoidance of doubt, the Website terms and conditions apply in addition to the above Terms.
26. The Terms shall be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.