Terms of service

Terms of Use

Welcome to the website of Accountests Ltd (“Accountests,” “we,” “us,” or “our”) a corporation formed and existing under the laws of the New Zealand.

 

Accountests is a provider of self-service psychometric and skills tests for the Accounting and Bookkeeping industry and operates the website located at www.accountests.co.nz, among other websites.

 

Accountests products and services include Technical Skills Tests, Critical and General Reasoning Tests and Personality Questionnaires, along with online advice communications for designing, maintaining and running effective hiring, on-boarding and personal/professional development processes. 

 

The Accountests Terms of Use (the “Terms of Use”) apply to your use of all Accountests websites, applications, services, and products (collectively, the “Services” or individually a “Service”) that post a link to these Terms of Use and that are provided by any Accountests group company, including resellers, worldwide. The Terms of Use is a legal contract between you (“you” and “your”) and Accountests regarding your use of the Services. As a visitor to an Accountests website or user of the Services, you may also be referred to individually as a “User” and collectively as “Users” throughout the Terms of Use.

 

Please read the following Terms of Use carefully because you are entering into a legal agreement with Accountests by accessing, browsing, or using the services. By accessing, browsing, or using the services, you acknowledge that you have read, understood, and agree to be bound by the following Terms and Conditions, including the Accountests Privacy Policy and any additional policies, guidelines, and requirements that may be incorporated by reference herein (collectively, the “Terms”). If you do not agree to the Terms, do not use the services or the website. The Terms shall not supersede any law, regulation, written policy of Accountests or other superseding written terms that govern the use of a specific Accountests service, or separate written agreement that any user of the website or services has entered into with Accountests where the agreement explicitly provides that it shall take precedence over these terms.

1. Accounts and Users

1.1 Registered Account Users, Passwords & Account Security In order to use some of the Services, you may be required to register with us for an account. If registration is required, you agree to provide accurate and complete registration information. It is your responsibility to inform Accountests of any changes to that information. Each registration is for a single individual on their own behalf, or an individual serving as the authorized representative of a company or institution (the “Account Manager”). 

Accountests provides you with a password to access your account and order tests online.  It is your responsibility to manage, store and disseminate passwords within your organization, including the safe storage of your Admin Key that provides access to test-takers data.  Accountests accepts no responsibility for how you receive, manage, store and share passwords for your account.  Accountests is in no way liable for any claims or losses related to the use or misuse of your password or account due to the activities of any third party outside of our control or due to your failure to maintain their confidentiality and security. You may be liable for the losses incurred by Accountests or others due to any unauthorized use of your Accountests account.

 .  By registering for an account, you are accurately representing to Accountests that you are who you say you are. You also represent that your use of the Services is and will, at all times, remain in compliance with the Terms of Use, all additional applicable terms and policies and all applicable laws.

2. Privacy Policy

Your privacy and the privacy of your clients, staff and/or job candidates is important to Accountests. Please read the Accountests Privacy Policy, which is hereby incorporated into these Terms, for information relating to Accountests' collection, use, processing, storage and disclosure of personal information. Among other things, our Privacy Policy explains how we treat personal information and protect the privacy of personal information under applicable laws when you use our Services, and explains the procedures by which you may view, update, correct, or delete your personal information.

3. Return and Refund Policy

3.1 All sales are final

Accountests does not accept returns or provide refunds, except as provided in this policy.  Any eProduct, including test links, that have been accessed by the you as the purchaser and/or your staff or job candidates cannot be returned for any reason, and no refunds will be provided. 

In rare cases, Accountests will consider accepting returns of purchased test links.  All returns, refunds and/or replacement materials, if any, will be determined at Accountests sole discretion after you as our customer submit a written request as set forth below.

3.2 Requests for returns, refunds and/or replacement

All requests for returns, refunds and/or replacement must be made in writing to the Accountests Customer Support Team help@accountests.com and include the invoice number, order details, and be submitted within 3 calendar days of placing an order.  include the invoice number, order details, and be submitted within 3 calendar days of placing an order. 

Refunds will only be offered upon review and approval by Accountests.  Where refunds are given, an administration fee of 25% of the value of the original purchase will be applied and deducted from the refund amount.  

 

4. Additional Terms, Policies and Guidelines

When using the Services, you are subject to the specific written terms and conditions that apply to each of the Services as well as all applicable Accountests policies, requirements, and guidelines, including but not limited to the Accountests Privacy Policy. 

 

All such additional terms, policies, requirements, guidelines, and rules are hereby incorporated by reference into the Terms. 

5. Modification of the Terms

Upon accessing the Services and/or registering for an account with Accountests, you accept the Terms of Use in the form posted for the Services. Accountests reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms periodically for changes that are made after you open your account.

 

Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, Accountests will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification to the address associated with your account or by posting a notice on the Website and/or in the Services, and such amended terms will be effective against you on the earlier of (i) your actual notice of such changes and (ii) ten (10) days after Accountests makes reasonable attempt to provide you such notice. However, changes addressing new functions for a service or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms, you must discontinue your use of the Services. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.

6. Accountests Content and Prohibited Conduct

6.1 Accountests Content

Unless otherwise set out herein, content comprised within the Services, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, audio, images, applications, programs, computer code and other information (collectively, the “Content”), including but not limited to the design, layout, “look and feel” and arrangement of such Content, is owned by Accountests, its licensors or its content providers and is protected by copyright, trademark and other intellectual property and unfair competition laws.

6.2 Prohibited Conduct

You may not:

1.    Copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from, or sell, rent or license all or any part of the Content, or products or services obtained from the Services, in any medium to anyone, except as otherwise expressly permitted under these Terms of Use, or any relevant license or subscription agreement or authorization by us;

2.    Reverse engineer, disassemble, decompile or translate any software in the Content, or otherwise attempt to derive the source code of such software, except to the extent expressly permitted under applicable law, without our prior written permission;

3.    Engage in the systematic retrieval of Content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission;

4.    Use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (i) continuously and automatically search, scrape, extract, deep link or index any Content; (ii) harvest personal information from the Services for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Services or any other person’s use of the Services;

5.    Use any device, software or routine to bypass robot exclusion files or robot exclusion headers;

6.    Attempt to gain unauthorized access to any portion or feature of the Services, any other systems or networks connected to the Services or to any Accountests server, or any of the products or services provided on, accessed from or distributed through the Services;

7.    Probe, scan or test the vulnerability of the Services or any network connected to the Services or breach or attempt to breach the security or authentication measures on the Services or any network connected to the Services;

8.    Without the advance written approval of Accountests, in its sole discretion, use the Services to publish or distribute any advertising, promotional material, or solicitation to other users of the Services to use any goods or services; and

9.    Intentionally interfere with or damage operation of the Website or any user's enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

7. Third-Party Sites, Products and Services, Links

The Services may contain links to third-party sites or resources. We do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from external sites or resources linked to the Services. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of Accountests.   Accountests welcomes you to link to the Services. You may establish a hypertext link to the Services, provided that the link does not state or imply any sponsorship or endorsement of your site, company, product and/or service by Accountests. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the Services, including but not limited to any logos, without the express written consent or an explicit license of the owner of the mark or right. You may not frame or otherwise incorporate into another site any of the Content or other materials on the Services without prior written consent of Accountests.

8. Term and Termination

These Terms shall remain in full force and effect while you use the Services unless your account or access is terminated as provided in these Terms, in which case you no longer have the right to use the Services.  Any license granted to you to use any Service is effective until it expires, until Accountests terminates it, or until you provide notice to Accountests of your decision to terminate it. Your rights under the license will terminate automatically without notice to you if you fail to comply with any of the provisions of these Terms of Use.

 

Accountests reserves the right to suspend, discontinue or change a Service, or its availability to you, at any time without notice. Upon termination of the license to a Service, you shall cease all use of the Service. Accountests may, in its sole discretion, for any or no reason, and without penalty, suspend or terminate any account (or any part thereof) you may have with Accountests or your use of the Services and remove and discard all or any part of your account, at any time.

 

Accountests may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have, or portion thereof, may be affected without prior notice, and you agree that Accountests will not be liable to you or any third party for any such termination.

 

Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Accountests may have at law or in equity.

9. Representations and Warranties

You warrant, represent and agree that you will not use the Services in a manner that (i) infringes, violates or misappropriates another's intellectual property rights, copyrights, trademarks, trade secrets, rights of publicity or privacy, or other rights; (ii) violates any international, federal, state or local law, statute, ordinance or regulation or which would render Accountests in violation of any applicable laws or regulations, including without limitation, applicable privacy laws (collectively, “Applicable Law”); (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account or the Services in any way, such as allowing someone else access to your account or password.

10. Indemnification

You agree, to the extent permissible under your country’s and state's laws, to indemnify, defend, and hold harmless Accountests, and its successors, affiliates, contractors, officers, directors, employees, agents, attorneys and its third-party suppliers, licensors, and partners (“Accountests Parties”) from and against all losses, damages, liabilities, demands, judgments, settlements, costs and expenses of any kind (including legal fees and expenses), from any claim or demand made by any third-party relating to or arising out of (i) your access to, use or misuse of the Services; (ii) your breach or alleged breach of these Terms, or any violation of the Terms; (iii) your failure to comply with Applicable Law; or (iv) the infringement or violation by you or any third-party using your account of any intellectual property, privacy, or other right of any other person or entity.

 

Accountests reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify Accountests, and you agree to cooperate with Accountests' defence of these claims. You agree not to settle any such matter without the prior written consent of Accountests. Accountests will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

11. No Warranties and Disclaimers

11.1 No Warranties
The services are provided on an “as is,” “as available,” and “with all faults” basis. To the fullest extent permissible pursuant to applicable law, Accountests disclaims any and all warranties and conditions of any kind, whether statutory, express or implied, including, but not limited to, all implied warranties of merchantability, quality, availability, quiet enjoyment, fitness for a particular purpose, title, and non-infringement. No advice or information, whether oral or written, obtained by you from Accountests or through the services will create any warranty not expressly stated herein.

11.2 Content
Accountests does not warrant that the services or any data, content, functions, or any other information offered on or through the website will be uninterrupted, or free of errors, viruses or other harmful components, and do not warrant that any of the foregoing will be corrected. Accountests makes no representation or warranty that (1) the services will (a) meet your requirements or expectations, or be to your liking, or (b) will be timely, secure, accurate, free from errors or loss, or uninterrupted, (2) that the services are free from viruses or other harmful components, or (3) that any defects or errors will be corrected. Some features may be new or experimental and may not have been tested in any manner.

11.3 Harm to Your Computer
You understand and agree that your use, access, download, or otherwise obtaining of content, website materials, software, test links or data through the services at your own discretion and risk, and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results therefrom.

11.4 Limitations by Applicable Law
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

11.5 Additional Disclaimer
To the extent permitted under applicable law, neither Accountests nor its suppliers, resellers and licensors assume responsibility for any injury and/or damage to persons, animals or property as a matter of products liability, malpractice, failure to warn, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, tests, products or procedures displayed on the Services or incorporated in the Content included in or accessible from the Services.

 

Buyers of Accountests products and services must rely on their own experience, knowledge and judgment in evaluating or applying any information, which remains their professional responsibility. 

 

Discussions, views, and recommendations expressed by Accountests and resellers may not be considered absolute and universal for every situation.

 

Accountests remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Accountests will not be liable for the failure by any user of the Services, Content or Submission to use due care in the use and validation of results made available through the Services or included in the Content, nor will Accountests be liable for any hiring, promotion or other employment decisions made by users of the services.

12. Limitation of Actions, Liability and Damages

12.1 Limitation of Liability
Under no circumstances, including, but not limited to, negligence, will Accountests or the Accountests parties be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any court action or legal dispute, lost business, lost revenues or profits, personal injury, death, property damage, loss of data, or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) even if Accountests or a Accountests parties has been advised of the possibility of such damages arising out of or relating (i) to the terms; (ii) your use of (or inability to use) the services, or (iii) any other interactions with Accountests or any third-party through or in connection with the services. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Accountests’ liability will be limited to the fullest extent permitted by applicable law.

12.2 Time Limitation on Claims
Notwithstanding any applicable statute of limitations or other law that may otherwise provide for a longer period of time to bring a claim, any claim arising out of or in connection with your use of or inability to use the Services or the Content must be brought within one (1) year after the event or such claim is barred.

12.3 Limitation of Damages
In no event will Accountests' total liability to you for all damages, losses, and causes of action arising out of or relating to the terms or your use of the services (whether in contract, tort (including negligence), warranty, or otherwise), exceed the amount paid by you to Accountests, if any, for accessing the services during the twelve months immediately preceding the date of the claim or fifty us dollars ($50), whichever is greater.

12.4 No Class Action or Class Arbitration
Except where prohibited by applicable law, you agree that you will not bring, request, join, or participate in a class action or class arbitration proceeding as to any claim, demand, suit, or cause of action you may have against Accountests arising out of, relating to, or in any way connected with the Services or the Content, and you waive and relinquish any right you may now or in the future have to bring, request, join, or participate in any lawsuit or arbitration or other proceeding on a class action or consolidated basis or to participate as a representative or member of any class of claimants pertaining to any claim, demand, suit, or cause of action arising out of, relating to, or in any way connected with your use of the Services or the Content. This provision does not constitute a waiver of any of your rights and remedies to pursue a claim individually in accordance with the Terms.

12.5 Basis of the Bargain
You acknowledge and agree that Accountests has offered the services and entered into the terms in reliance upon the disclaimers and the limitations of liability set forth herein, that the disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Accountests, and that the disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Accountests. Accountests would not be able to provide the services to you on an economically reasonable basis without these limitations.

13. General Terms

13.1 Notice
Accountests may provide you with notices, including those regarding changes to the Terms, by email, postings in or on the Website or within the Services, or through other reasonable means. Notice will be deemed given 24 hours after email is sent, unless Accountests is notified that the email address is invalid. Notices posted in or on the Website or within the Services are deemed given ten (10) business days following the initial posting. Any notices directed to Accountests shall be sent to 8 Lighthouse Rd, Napier, New Zealand 4110, and also via e-mail to help@accountests.com.

13.2 Waiver
The failure of Accountests to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Accountests.

13.3 Governing Law
The Terms will be governed by and construed in accordance with the laws of New Zealand, without giving effect to any principles of conflicts of law that would cause the application of the laws of any other jurisdiction.

13.4 Severability
If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

13.5 Assignment
The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Accountests' prior written consent, but may be assigned by Accountests without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.

13.6 Export Controls
Where the Service or its Content consist of software that is subject to US, EU or any other Export Controls, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government, EU  or other embargo, or that has been designated by the U.S. Government or the EU as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government, EU or any other list of prohibited or restricted parties.

13.7 No Assignment
You may not assign your rights or obligations under these Terms of Use to anyone.