On Demand Assessment

Terms and Conditions of Use

Posted/Revised: 06/02/2020

These On Demand Assessment Terms of Service form an agreement (this "Agreement") by and between Tx Group, a UK organisation and you, the test-taker ("you"). This Agreement is effective as of the date you click "Submit.".

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING "Submit," YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, YOU WILL NOT BE ABLE TO ACCESS OR USE THE SERVICE.

1.  Eligibility and Access to the Service

(b) You must be 13 years or older and capable in your country of residence of entering into a legally binding agreement to use the Service.

2.  Your right to use the Service


(a) The Service, and any information or materials we make available through the Service (such as test and survey questions) (our "Content"), are protected by copyright and other laws and treaties around the world.

(b) You agree that all trade secrets, copyrights, and other intellectual property rights in the Service and our Content belong to us or the people who have licensed those rights to us.

(c) We give you a right to access the Service under this Agreement. Your right to use the Service is personal to you and you are not allowed to give this right to any other person. In your use of the Service, you shall not allow anyone to take any tests or surveys for you or through your account.

(d) You agree that you have no rights in or to the Service other than the right to use it in accordance with this Agreement.

(e) Unless allowed by this Agreement or as permitted by the functionality of the Service, you agree:

(i) not to copy, or attempt to copy, any portion of the Service, including without limitation the Content;

(ii) not to give or sell or otherwise make available any portion of our Service to anybody else;

(iii) not to change or attempt to change any portion of the Service; and

(iv) not to look for or access the code of any portion of the Service that we have not expressly published.

3.  Your privacy


You acknowledge and agree the Service is governed by Tx Group's privacy policy posted at https://assessment.txgroup.co.uk/privacy/ (the "Privacy Policy"). Tx Group will only use any personal information you provide in connection with your use of the Service in accordance the terms of the Privacy Policy. By accessing or using the Service, you consent to Tx Group's collection, use and storage of your information as outlined in the Privacy Policy.


4.  Your content

(a) We do not claim ownership of your User Content, but you grant us the right to collect and proccess it.

(b) You confirm that you have the right to include any content owned by a third party in your User Content.

(c) Our right to use your User Content does not in any way affect your privacy rights.

5.  Ending our relationship


(a) We may immediately end your use of the Service if you breach this Agreement or any other rule(s) or terms and conditions we set for accessing and using the Service.

(b) We may also withdraw the Service as long as we give you prior notice.

(c) If you or we end your use of the Service or we withdraw the Service, we may delete your User Content or any other information about you. You will also lose any rights to use the Service or to access any of our Content or your User Content. We are not required to compensate you for any related losses.

(d) This Section 5 is subject to your legal rights to personal data under the law of the country in which you reside.


6.  Our liability / responsibility to you


(a) THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". Tx Group DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, WITHOUT DELAYS, OR ERROR-FREE OR MEET YOUR EXPECTATIONS. Tx Group DOES NOT GIVE ANY COMMITMENT RELATING TO THE PERFORMANCE OR AVAILABILITY OF THE SERVICE AND, TO THE EXTENT Tx Group IS ABLE TO DO SO UNDER APPLICABLE LAW, IT EXCLUDES ANY COMMITMENTS THAT MAY BE IMPLIED BY LAW, INCLUDING ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICE AND RELATED MATERIALS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

(b) IN THE EVENT OF A CLAIM ARISING OUT OF THE PROVISION OF THE SERVICE, OUR RESPONSIBILITY TO YOU WILL NEVER BE MORE THAN £1,000. IN ANY EVENT, WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE OR FOR ANY PUNITIVE DAMAGES. THE LIABILITIES LIMITED BY THE PRECEDING SENTENCE APPLY: (i) TO LIABILITY FOR NEGLIGENCE; (ii) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (iii) EVEN IF Tx Group IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (iv) EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Section 6(b), Tx Group's liability will be limited to the maximum extent permissible.

7.  Taking the tests & score reports


(a) You shall not assist anyone else in taking any tests or service made available through the Service, or use the aid of any person or reference, or other aid beyond your own memory and skills, in completing the tests or surveys, unless you are instructed to do so in writing by the test or survey written instructions or by the Employer

(b) In the event you have a disability for which you require accommodations for employment testing under applicable law, it is your responsibility to notify the Employer or individual or organization that has asked you to use the Service and to request such accommodations. You agree to send a copy of such notification to Tx Group, Manchester, Attn: Recruitment Team, or via email to careers@txgroup.co.uk.

(c) Responding to certain tests by holding down a response key may cause screen flickering that may cause discomfort or other more serious reactions in individuals with photosensitivity conditions such as epilepsy, so caution is advised. If you have this concern, please notify the Employer and copy Tx Group as specified above before taking any tests.

(d) You understand and agree that regardless of test items or questions, the Test Content does not include "psychological tests." Tests are not being administered by a mental health professional, in a medical setting, or for the purpose of providing a diagnosis for any mental or medical condition, and they are not designed or intended to be used as such. They are pre-employment tests, one of a variety of factors to be used for the purposes of determining match or fitness for a job, based on the knowledge, skills, and abilities required for that job.

8.  Severability


If any provision of the Terms of Service is judged to be illegal or unenforceable, this will not affect the continuation in full force and effect of the remainder of the provisions.

9. Changes to the documents


Tx Group may update these Terms of Service at any time by posting new versions at https://assessment.txgroup.co.uk/terms/ , but such update will not amend this Agreement. Rather, it will govern your future use of the Service, and you will at that time be required to execute the new Terms of Service to form a new agreement.