Terms and Conditions of Sale

Most recent update: 30 March 2023

JMM PUBLISHING LIMITED

167-169 Great Portland Street, London, W1W 5PF

Company number 12642117 and VAT GB 364 3536 90

These General Terms and Conditions of Sale, hereinafter referred to as the "Terms", explicitly govern, without exception or reservation, transactions for the sale of Services offered by the Website. https://urqi1.com/ (hereinafter referred to as the "Site"). They clearly establish the commitments and rights of both JMM PUBLISHING LTD, hereinafter referred to as the "Seller" or "JMM PUBLISHING LTD", and the purchaser, hereinafter referred to as the "Customer". The Conditions are accessible at all times on the Site and can be provided to any User on request.

Each Customer and User acknowledges and agrees that placing an order for the Services offered by the Vendor implies full and complete acceptance of the Terms and Conditions. They confirm that they have read the Terms and Conditions before placing any order. The current version of the Terms and Conditions is the only version applicable to Customers and Users of the Site:

Throughout the use of the site and until an updated version supersedes it, JMM PUBLISHING LTD reserves the right to change the Conditions at any time without prior notice to Users and Clients, however, the Conditions in force at the time of placing the Order will be those applicable.

At the time of registration for the Products and Services offered by the Seller, these Conditions take precedence over any document produced by JMM PUBLISHING LTD or any other General Conditions of Purchase. The Seller has the right to modify certain provisions mentioned here or to introduce Special Conditions.

These Terms and Conditions came into effect on 30 March 2023.

2.1 Initial measurements

The Services available for order by the Customer are those set out and explained on the Site. The Services are set out and described as accurately as possible. However, the Vendor cannot be held liable for any errors or omissions in this description. The images illustrating the Services are not contractual commitments and the Vendor cannot therefore be held liable.

2.2 Pre-contract information

The Customer acknowledges that, before finalising his/her order and signing the contract, he/she had access, in a clear and intelligible manner, to the general terms and conditions of sale and to all the information contained in Schedule 3 of the Consumer Rights Act 2022.

The following information is communicated to the Customer in a clear and intelligible manner:

• The essential characteristics of products, digital content, digital services or other services,
• The transparent price of products, digital content, digital services or other services,
• If the contract includes a subscription, the total cost for the billing period.

2.3 Services and products offered

The Customer may purchase various Products via the Site, the specifications and list of which are available on the Site for consultation by the Customer.

The Site offers Users the opportunity to take personality tests. These tests can be taken either by opening a client account or by using the "guest" mode.

Once the questionnaire has been completed, the Customer must pay for the service in order to obtain the results.

Following payment, the Customer receives the result of the IQ Test by e-mail.

It is crucial that the Customer takes great care when completing the personality questionnaire. If the answers are incomplete, incorrect or missing, it will not be possible to generate a new report or modify an existing one.

2.4 Subscription

When the Customer places an order for an IQ Test (reference article 2.3), he or she automatically subscribes to the Services offered by the Site, in the form of a "Subscription". This subscription allows the Customer to carry out an unlimited number of Personality Tests. The results of all his tests are sent to him by e-mail and are also accessible from his Customer Area.

The Subscription is intended for the exclusive use of a single Customer. It is strictly forbidden for any Customer to share his/her access codes or account with a third party. In the event of any breach of this rule by a Customer, the latter shall be liable to prosecution and to the termination of his Subscription without prior notice, resulting in the immediate cessation of his access to the Site and the obligation to pay damages to the Vendor.

Immediately after the account is created, following the purchase of the first IQ Test, the Subscription is activated after a 24-hour trial period. The Customer therefore has 24 hours to cancel this Subscription before it is automatically activated. After this time, the Subscription will be automatically activated.

Subscriptions are established for a period of one (1) month and are automatically renewed each month. Customers wishing to cancel their subscription may do so at any time by selecting the "Unsubscribe" option to cancel their subscription. Cancellation takes effect at the end of the current month, and any month already started must be paid for.

2.5 Setting up a Customer Account

To place an order for the Services offered by the Site, the User has the option of creating a customer account or ordering as a "Guest". However, once the Customer has placed an order for his or her IQ Test results, a customer account is automatically generated on the Site.

When setting up an account, the User must choose an identifier and a password. Responsibility for the security and confidentiality of these identifiers rests entirely with the Client, who must immediately inform JMM PUBLISHING LTD in the event of the disappearance or theft of his/her identifiers, if this leads to unauthorised use of his/her personal account.

If the Customer wishes to change his/her connection details or if he/she believes that they have been used fraudulently, he/she must contact the Seller's customer service department as soon as possible by sending an e-mail to : contact.urqi1@gmail.com.

Login details must be used on an individual basis. If the Customer's login details are lost or stolen, or if the Customer's account is used fraudulently, the Seller shall not be held liable.

The Seller reserves the right to change its prices at any time, but undertakes to apply the prices in force at the time of the order, subject to availability on that date.

5.2 Payment problems

The Customer is hereby informed that any delay in payment of all or part of an amount due on the due date will automatically result in the acceleration of all amounts due by the Customer and in immediate payment.

In addition, any late payment of invoices, from the day following their due date, will automatically result in the application of late payment penalties calculated on the unpaid amount excluding taxes, and equal to at least three times the legal interest rate in force. These penalties are payable automatically and without notice.

In addition, for Professional Customers, in accordance with European Directive 2011/7/EU, in the event of late or non-payment, the Seller is entitled to compensation for the costs incurred as a result of the late payment, plus additional recovery costs of €40.00.

JMM PUBLISHING LTD may automatically suspend all orders in progress, whatever their nature and level of progress, in the event of late payment by the Customer. This suspension may not be considered as a termination of the Contract by the Seller, nor give rise to a right to compensation for the Customer.

5.3 Cancelling and adjusting orders

No order, once placed, may be modified or cancelled once it has been paid for, except where the right of withdrawal is exercised (Article 6) and the Subscription is cancelled (Article 2.4).

6.1 IQ Test regulations

According to Article 111 of Chapter 5 of the Consumer Rights Act 2022, the right of withdrawal does not apply to :

a) an agreement for the provision of services, where the service has been fully performed and the performance of that service has begun with the consumer's prior agreement and acknowledgement that his right of withdrawal will be lost once the service has been fully performed by the supplier [...].

c) An agreement in which the seller undertakes to deliver or promises to deliver a digital service to the buyer, and for which the buyer pays or undertakes to pay the cost of the digital service, where - the buyer pays or undertakes to pay the cost of the digital service.

i. the digital service has been fully delivered, and ii. provision of the digital service has begun with the consumer's prior agreement and acknowledgement that he will waive the right of withdrawal once the digital service has been fully completed.

By making a purchase on the Site for the IQ Test, the Customer is advised of this clause. They acknowledge that they have been warned that upon payment of the order, the Customer consents to the Service being commenced by the Vendor, giving access to the digital content provided by the Vendor (the result of the IQ Test) and consequently the Customer waives their right of withdrawal.

6.2 Subscription conditions

Under Article 113.2, the Customer has the right to withdraw from a digital service contract within a period of fourteen days without having to explain his choice or incur additional costs, with the exception of those mentioned in Article 112.2.d.

However, once the Customer has completed at least one (1) additional IQ Test as part of their Subscription, in addition to the initial IQ Test, they hereby waive their right of withdrawal.

Where the right of withdrawal applies, the Customer has fourteen (14) days from receipt of his right of withdrawal, for whatever reason, to request reimbursement of his order. The amounts paid will be reimbursed to the Customer by crediting their bank card within fourteen (14) days of receipt of their request for withdrawal.

In order to exercise his right of withdrawal, the Customer must send an e-mail containing the following form:

[Please complete and return this document only if you wish to cancel the contract].

To [retailer's name, postal address and e-mail address must be added by the retailer] :

I/We hereby [] informs you/informs you [] of my/our decision to withdraw from the purchase contract for the following items [relating to the provision of the following service [*],

Ordered on []/delivered on [],

Customer name,

Address of consumer(s),

Signature of consumer(s) [only if this document is submitted in hard copy],

Calendar Day

7.1 General principles

The Customer warrants that the information provided when making a purchase or subscribing to a service is current and true. He also confirms that he is an individual of legal age, legally capable of entering into contracts. They are entirely responsible for the accuracy of the data entered in their personal space. With this in mind, they promise to update this information as soon as the need arises.

The Seller shall not be held liable if erroneous, inaccurate or incomplete information directly or indirectly affects the performance of the Service by the Parties.

With regard to the provision of Services, the Seller shall not be held liable for any interruption resulting from the provisions set out in articles 4 to 8 of the General Terms and Conditions of Use.

7.2 Disclaimer

The Customer is clearly informed that Personality Tests are not a rigorous scientific discipline and cannot be compared to an exact science or to psychoanalysis. By making a purchase on the Site, the Customer therefore accepts that the data provided in the results of his/her personality test are for information purposes only and should not be considered as totally reliable for making important decisions.

In addition, the Customer is entirely responsible for any decisions made based solely on the Personality Test data. As the information provided by the Vendor should not be considered as psychoanalytical consultations, it is the Customer's responsibility to complete and/or confirm the information from their test with experts.

Under no circumstances may the Vendor be held liable for the consequences of a decision taken by a Customer solely on the basis of his IQ Test.

The Seller's responsibilities regarding the safeguarding of the Buyer's personal data are specified under the section " Protection of Personal Data "of the Site.

The Seller is not responsible for delays or inability to provide its Services if these problems result from an event beyond its control or from force majeure, unforeseeable at the time of the order and the consequences of which cannot be avoided despite adequate measures.

If a case of force majeure occurs, the application of the General Terms and Conditions of Sale will be interrupted until this case of force majeure is resolved, disappears or comes to an end.

However, if the situation of force majeure continues beyond thirty (30) days, the Parties must meet to discuss possible adjustments to the order.

The periods specified in these General Terms and Conditions of Sale will be automatically extended according to the duration of the force majeure event.

10.1 Conflict management

English law governs these Terms and Conditions and any resulting transactions.

The Parties agree to attempt to resolve amicably any dispute arising from the interpretation or implementation of this document. To this end, the party wishing to initiate the amicable mediation process is required to inform the other party of this intention by registered letter with acknowledgement of receipt, detailing the performance problems observed or the omissions identified.

The initiation of a conciliation procedure is an indispensable prerequisite before bringing the matter before the courts between the Parties. Any legal proceedings initiated in disregard of this provision will be deemed inadmissible.

If an amicable agreement is not reached within thirty (30) calendar days of the initial notification, each party will regain full freedom of action.

If, despite our best efforts, an amicable solution is not reached, any disagreement relating to the performance, interpretation, validity and termination of the Conditions will be brought before the competent courts under the jurisdiction of the Court of Appeal where the Seller's registered office is located.

10.2 Mediation

The European Commission has created an online platform for dispute resolution, offering a non-judicial and neutral solution for online disagreements between consumers and businesses in the European Union. You can access this platform via the following link: https://webgate.ec.europa.eu/odr/ .

This service is offered free of charge. Customers can be accompanied by an advisor of their choice, at their own expense.

Severability clause : In the event that one or more provisions of these General Terms and Conditions of Sale are considered invalid or are annulled in application of a law or regulation, or following a court decision that has become final, the other stipulations shall remain in force and retain their full effect.

Non-waiver clause : The fact that one Party does not assert a default by the other Party concerning an obligation mentioned in these General Terms and Conditions of Sale shall not be considered as a permanent waiver of the right to assert that obligation.

Partial disability : If a provision of the General Terms and Conditions of Sale conflicts with a current or future law, legislative text, ordinance, regulation, judicial decision or collective agreement, the latter shall take precedence. This is provided that the affected provision hereof is reduced strictly to what is necessary, without affecting the other provisions.

These Terms and Conditions and the transactions arising from them are governed by the laws of the United Kingdom. They are written in English and, in the event that they are translated into one or more other languages, only the English text will prevail in the event of a dispute.