IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY. DOWNLOADING, INSTALLING OR USING BLUEOPTIMA PREDICTIVE ASSESSMENT CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
BlueOptima is willing to provide access to the developer tests provided by BlueOptima (“Predictive Assessment”) upon the condition that you accept all the terms contained in this agreement (“Agreement”). Please read the Agreement carefully. By downloading or installing Predictive Assessment you accept the terms of this Agreement. Indicate acceptance by selecting the “Accept” button at the bottom of the Agreement. If you are not willing to be bound by all the terms, select the “Decline” button at the bottom of the Agreement and the download or install process will not continue.
1 Our Contract with You
1.1 You are permitted to access and use Predictive Assessment in order to undertake an assessment or to use any other feature we make available to you.
1.2 Your right to use Predictive Assessment is personal to you. Your right to use Predictive Assessment does not stop us from giving other people the right to use Predictive Assessment.
1.3 Please note that the materials and content comprising Predictive Assessment either belong to or are licensed to us and we give you permission to use these materials and content for the sole purpose of using Predictive Assessment in accordance with this Agreement.
1.4 Predictive Assessment contains certain information that is confidential and of substantial value to BlueOptima. You agree not to use or disclose any confidential information, or cause it to be disclosed, to any third party.
2 Your Content
2.1 You confirm that code, text, screenshots, photographs and other data or information that you submit or is created (“User Content”) whilst using Predictive Assessment will meet the Acceptable Use policy (see clause 3).
2.2 You grant us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, licence, sub-licence, assign, transfer and exploit the User Content anywhere and in any form for the purposes of providing the BlueOptima service or for any purpose in connection with the operation of our business.
2.3 Our right to use your User Content does not in any way affect your privacy rights and we will only use information that identifies you as set out in clause 4 and we will delete any information that identifies you as soon as is no longer necessary for us to provide the BlueOptima service.
2.4 We do not check or moderate any User Content before it is added to Predictive Assessment by users. We may later check, moderate, reject, refuse or delete any User Content if anybody objects to it, or we think that it breaks the Acceptable Use Policy.
3 Acceptable Use Policy
3.1 In addition to the other requirements within this Agreement, the following rules apply to your use of Predictive Assessment (the ” Acceptable Use Policy”).
3.2 When using Predictive Assessment, you must not:
(a) give any false or misleading information in your personal details;
(b) use any code that is not your own code when undertaking assessments or any tasks on the service;
(c) permit any other person to use Predictive Assessment under your name or on your behalf;
(d) use Predictive Assessment if we have suspended or banned you from using it;
(e) modify, interfere, intercept, disrupt or hack Predictive Assessment, or;
(f) misuse Predictive Assessment by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm Predictive Assessment or any user of Predictive Assessment; or
(g) disclose to others details of a recruitment test, ongoing challenge or ongoing competition task (including details relating to its completion).
3.3 By clicking accept below you hereby agree to comply with the following code of honour:
(a) I will not use a false identity, multiple identities, or take the test in somebody else’s name.
(b) Solutions I submit will be my own work and I will not use anyone else’s help.
(c) I will not disclose any task description or make my solutions publicly available.
(d) I will not engage in any unfair activity that influences my own or anybody else’s results.
3.4 You acknowledge that we use various methods to verify the integrity of Predictive Assessment including (but not limited to) capturing keystrokes and mouse clicks, recording the taking of Tests, taking random photographs and comparing your test results with those of other candidates. You further acknowledge that any information gathered by such checks and the results of Predictive Assessment may be shared with third parties with an interest in your test results in good faith and you hereby indemnify us from any loss that may be caused to you thereby.
3.5 Failure to comply with the Acceptable Use Policy and the code of honour constitutes a serious breach of this Agreement and may result in immediate termination of your right to use Predictive Assessment. We may also inform your test sponsor.
3.6 The responses described in clause 3.5 are not limited, and we may take any other action we reasonably deem appropriate.
3.7 By accepting these terms you confirm you have read, understand and accept Onfido Facial Scan Policy and Release, Onfido Privacy Policy and Onfido Terms of Service.
4 How we may use your Personal Information
4.1 You hereby consent to our use of the personal information you provide to us which may include sensitive personal information:
(a) to supply Predictive Assessment to you;
(b) to identify you, to manage your account and keep your personal information accurate;
(c) To carry out our obligations arising from any agreements entered into between you and us, or us and your employer or potential employers such as allowing our employer clients to evaluate any tests you have taken. We will use information we collect directly from you, information about how you use Predictive Assessment and information about how you connect to Predictive Assessment for this purpose.
(d) To prevent, detect and investigate illegal activities, breaches of any agreements entered into between you and us and threats to the security of Predictive Assessment. We will use information we collect directly from you, information about how you use Predictive Assessment and information about how you connect to Predictive Assessment for this purpose.
(e) To notify you about changes to our service and address complaints, comments and issues you have in relation to your use of Predictive Assessment. We will use information we collect directly from you for this purpose.
(f) To produce statistical information and analytics about users of and their submissions to Predictive Assessment.
4.2 If you have any questions about the use of your personal information please refer to BlueOptima’s privacy policy.
4.3 In cases where we only act as a processor, all of your concerns should be addressed directly with the data controller.
5 Warranty and Liability
5.1 The service is provided “as is” and to the fullest extent permitted by applicable law, neither party gives any warranties or makes any representations to the other, whether express or implied, including, but not limited to those relating to satisfactory quality or fitness for a particular purpose. OUR SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
5.2 Each party’s total liability for damages of any kind arising out of this Agreement shall be limited to the aggregate amount paid by you to us (if anything). Neither party shall be liable to the other or to any other person for any indirect, consequential or special damages, of any character, or any loss of profits, loss of business, loss of use, loss or corruption of data or information, depletion of goodwill or similar losses whether in an action in contract, tort, or otherwise, arising out of or in connection with this Agreement, even if the party causing the damage has been advised of the possibility of such damages. Nothing in this Agreement limits or excludes either party’s liability for: (i) death or personal injury caused by the relevant party’s negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot lawfully be excluded or limited.
6 Other Important Terms
6.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under this Agreement to another organisation.
6.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under this Agreement to another person if we agree to this in writing.
6.3 Nobody else has any rights under this Agreement. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to this Agreement.
6.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
6.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
6.6 These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.
YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.