Terms of Use

Definitions

"Orecor" means Orecor Ltd (company number 11249379, registered in England and Wales).

"Buyer" means the person (whether a company, partnership, LLP, individual or other entity) who uses or agrees to use the Service (as defined below).

"Service" means Orecor's accountancy and finance recruitment test assessment service, which the Buyer agrees to receive from Orecor whether (i) bought directly in money, (ii) bought indirectly through the purchase of test credits or (iii) received on a complimentary basis.

"Authorised User" means a person authorised by the Buyer to administer its use of the Service.

"Candidate" means a person requested by an Authorised User to access the Service for the purposes of completing an assessment.

"Credentials" means information relating to the Buyer (such as username, password, email address) designed to authenticate Authorised User status and/or grant access to the Service.

"Fee" means the price agreed with the Buyer for provision of the Service.

"Credits" means units purchased by the Buyer, where a certain number of Credits permits the Buyer to use the Service to assess to a certain number of Candidates. Credits have no monetary value, are not redeemable on non-use, are not transferable to third parties and are not available for the purchase of anything other than the Service. Unless otherwise stated, unused credits expire (become unusable) after two (2) years.

1. Payment and Pricing

1.1 Payment terms are payment in advance. Credits will not be made available to the Buyer until payment is received, unless Orecor waives this requirement by providing a written order confirmation or issuing a tax invoice (not a pro forma invoice).

1.2 All prices shown on any price list or contained in any user agreement are subject to change without prior notice, and are exclusive of any applicable VAT (which will be added at current rates).

2. Intellectual Property

2.1 All intellectual property in the Service (including but not limited to copyright, database extraction rights, trade mark rights) remains in the ownership of Orecor and its licensors. Nothing in these terms of use is intended to transfer any interest in such intellectual property to the Buyer. The Buyer is expressly prohibited from copying any part of the Service (including its outputs) except to the extent necessary to receive the Service.

3. Limitation of Liability

3.1 Orecor disclaims all liability to the fullest extent permitted by applicable law for any loss or damage (including but not limited to loss of profits, loss of anticipated savings, loss of staff time, loss of data) arising from any reliance on or use of the Service in any way. In no event will Orecor or its directors, agents or employees be liable to the Buyer or anyone else for any decision made or action taken in reliance on the Service.

4. Service Access

4.1 Authorised Users may access the Service for the purpose of initiating and administering assessments in accordance with these terms of use, subject to the Buyer paying the Fee (whether by deduction of Credits or otherwise) and otherwise complying with its obligations under these terms of use.

4.2 By administering and initiating assessments, Authorised Users may grant Candidates authorisation to access the Service solely for the purpose of undergoing assessments. Where the Service is provided in exchange for Credits, the relevant number of Credits will be deducted from the Buyer’s account.

4.3 Orecor shall use reasonable endeavours to ensure that the Service is available at all times, but does not guarantee 24/7 uptime and occasional downtime for maintenance is inevitable. The Buyer agrees and acknowledges that the Service will only be available where the Candidate or Authorised User has a sufficiently fast and reliable internet connection.

4.4 Orecor reserves the right to modify or discontinue (temporarily or permanently) the Service (or any part thereof).

5. Buyer Obligations

5.1 The Buyer shall ensure that all Authorised Users comply with these terms of use.

5.2 The Buyer shall amend its Credentials whenever an individual ceases to be an Authorised User or where it believes its Credentials have been compromised.

5.3 The Buyer is accountable for all activities that occur under its login or account. Orecor reserves the right to access the Buyer’s account (for example, in order to respond to requests for technical support).

5.4 The Buyer agrees and acknowledges that the Service is designed to assist the selection and development of Candidates as part of a wider decision-making process (the Service is not to be used in isolation to justify any decision).

5.5 The Buyer shall fully and effectively indemnify and hold harmless Orecor against all costs, claims, losses and expenses arising out of any claim from a third party arising out of use of the Service.

5.6 The Buyer shall in its use of the Service comply with all applicable data protection legislation and take all reasonable steps to prevent unauthorised access to test-related data.

5.7 The Buyer warrants that it shall not disclose test results to third parties without the prior written consent of the Candidate.

6. Privacy

6.1 Orecor’s Privacy Notice sets out how Orecor collects and uses personal information.

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