PDA CONDITIONS OF USE
- PDA International Website
- Provision of Services
Version date: May 24, 2018
3. We reserve the right to modify these terms at any time. It is your responsibility to review these terms each time you agree to buy a product or service through the website.
INFORMATION ABOUT US
4. www.pdainternationa.net is a website operated under the license of PDA International INC. (“Us”).
Registered office: 1752 Aspen Ln, Weston. Florida (33327),
ACCESS TO THE WEBSITE
5. We reserve the right to remove or modify the website or any service we provide on the website without prior notice. Should the website, for any reason, be unavailable at any time or during any period of time, we shall not be liable. On occasion, we may restrict access to some parts of the website, or to the entire website, for users that have registered with us.
6. Should you choose, or receive, a user identification code, password or any other information as part of our security procedures, you should treat this information as confidential and not disclose it to any third party. We have the right to deactivate a user identification code or password at any time, whether it was chosen or assigned, if we deem that it has breached the provisions of these conditions of use.
7. When using the website, you must comply with the provisions of any policy of use that we publish on the website.
8. If you are registered as a business user of the website, you are declaring and ensuring that you (the individual who registers) have the authority to do so and are associated with the legal entity on whose behalf you are acting.
TRANSACTIONS PERFORMED ON THE WEBSITE
11. Nothing on this website claims to be a contractual offer for the supply of our products or services that you could accept as owner or agent.
CANCELLATION OF YOUR USER REGISTRATION
12. You may cancel your website user registration at any time, but this shall have no impact on your obligations in relation to the services or information you have received.
INTELLECTUAL PROPERTY RIGHTS
13. We are the owner and licensee of all intellectual property rights of the website and material published thereon. These works are protected under laws pertaining to copyright, trademarks and other laws around the globe.
14. You may print a copy and download extracts of any of the pages on the website for your personal reference and you may inform the staff at your organisation about the material published on the website.
16. PDA and the logotype with the three rings are trademarks of PDA International, and PDA International INC is the licensee thereof.
17. The comments and other materials published on the website do not purport to constitute reliable advice. We shall not be liable for any reliance placed on said materials by any website visitor or any person informed of any of its contents.
18. You should not act or abstain from acting based on information you obtain from this website unless you have received specific expert advice from a suitably qualified individual.
19. We may change the content of the website at any time. Should the need arise, we may suspend access to the website or shut it down indefinitely. Any of the materials on the website could be out-of-date at any given time and we are not required to update said material.
20. Should you have any questions about the material that appears on the website, please contact firstname.lastname@example.org
OUR RESPONSIBILITY AND STATUS
21. Should you purchase products (including services) from us, for which you have paid, provision of said products is subject to our standard terms and conditions, which replace the terms detailed below:
22. The material and content shown on the website is provided without any guarantee, condition or guarantee regarding its accuracy. To the extent permitted by law, we and other members of our group of companies expressly exclude all conditions, guarantees and other terms that would otherwise be implicit in the statute, customary right or act regarding fairness.
23. We shall not be liable to you for:
- any loss that is not a foreseeable consequence of an act or omission on our part in relation to the website losses that are foreseeable when they could be regarded by you or by us at the relevant time at which you used the website.
- loss of income, business, earnings or contracts (whether direct or indirect)
- loss of anticipated savings
- loss or corruption of data
- loss of goodwill
- wasted management or office time.
24. None of the above affects our liability with regard to death or personal injuries deriving from our negligence, or fraudulent misrepresentation regarding a key issue, or any other liability that may not be excluded or limited in accordance with applicable law.
25. No agency, company, joint venture, employment relation or franchise relation is intentional or created between you and us as a result of your use of the website or entering into a contract to purchase Products.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
VIRUSES, HACKING AND OTHER OFFENCES
27. You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our site is stored or any server, computer or database connected to our website. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
RULES ABOUT LINKING TO OUR WEBSITE
28. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our website in any website that is not owned by you. Our website must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website from which it is linked must fully comply with the content standards established in any acceptable policy of use that we publish on the website.
29. Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and we do not take any responsibility for them or for any loss or damage that arises from the use thereof.
May 24, 2018
PDA International INC
Address: Fondo de la Legua 966, c.p. 1640, Martínez, Buenos Aires, Argentina.
Telephone: (005411) 4717 2900
B. PROVISION OF SERVICES
PDA International standard terms and conditions for provision of online services
“PDA International” PDA International INC has registered at the address: 1752 Aspen Ln, Weston. Florida (33327), United States.
“Administrator”: A person appointed by the Buyer to whom PDA grants administrator access to Services.
“Assessment”: The various PDA International products, as established in https://www.pdainternational.net/en/pda-assessment/what-is-the-pda-behavioral-assessment/
“Authorised User”: A person authorised by an Administrator to access the Services (an Authorised User can also be an Administrator).
“Buyer”: The person (whether a company, corporation, person or entity) who has a contract with PDA International for Training Services or Seminars.
“Candidate”: A person for which an Authorised User requests access to Services so that an individual seeking employment with the Buyer may complete an Assessment.
“Credentials/Users”: Information related to any person (such as an access code, user name, password or biometric data) designed to grant them access to Services and/or to authenticate their identity.
“Rate”: The price agreed to by the Buyer for the provision of the Services.
“Services”: Services provided through the PDA International website or where relevant data is entered into the PDA system through our website, including (among others) the provision of assessments.
“Credits” purchased by the Buyer, where a determined number of credits provides access to a determined quantity of relevant Services, as you can see in the Information/Price List. The units have no monetary value, cannot be redeemed due to non-use, cannot be transferred to third parties and are not available for purchase of products other than Services.
2.1 These terms and conditions complement the PDA International Standard Terms and Conditions, a copy of which is available upon request, or which is available on the PDA website.
In the event of a conflict between these terms and conditions and the PDA International Standard Terms and Conditions, these terms and conditions shall prevail.
2.2. PDA International authorises Authorised Users to access Services in order to open and manage Assessments in accordance with these terms and conditions, subject to the Buyer paying the Rate (either by means of credits or other) and complying with their obligations under these terms and conditions.
When Services are provided by means of software components that are executed in the Buyer’s own systems, PDA International provides the Buyer with a limited and non-exclusive copyright license to use such components; this license grants rights consistent with (but not farther-reaching than) the authorisation granted in this sub-clause 2.2, and which conclude upon the termination of the authorisation.
2.3 PDA may use sub-processors from time to time for the provision of Services. PDA International shall be liable for the acts or omissions of said sub-processors according to this agreements, as if it itself made said acts or omissions.
2.4 When opening and managing Assessments, Buyers can authorise Candidates to access the Services solely for the purpose of completing assessments.
2.5 When Services are provided in exchange for Credits, the corresponding number of Credits shall be deducted from the Buyer’s account.
3. BUYER OBLIGATIONS
3.1 shall not guarantee that Authorised Users access or attempt to access Services through the URL provided by PDA International;
3.2 may not access any API that provides access to Services, except when said access to the API has been explicitly granted by PDA and subject to the interface specifications provided by PDA;
3.3 shall ensure that all Authorised Users comply with the terms of this Agreement;
3.4 shall revoke the credentials of any authorised user when it believes that said credentials have been compromised;
3.5 shall notify PDA International as soon as it becomes aware that the credentials assigned to any administrator have been compromised in order to allow PDA International to research the circumstances and remove (and replace) the credentials;
3.6 shall continue, and ensure, that Authorised Users follow all reasonable instructions of PDA in the use of the Services;
3.7 shall ensure that Authorised Users have received the proper training and shall not allow anyone to attempt to process or interpret the results of any Assessment for which they have not received proper training; and
3.8 shall fully and effectively indemnify and hold PDA harmless from all costs, claims, losses or expenses deriving from any claim made by a third party arising from improper use of the Services or any breach of the above obligations.
4. MATERIALS AND COPYRIGHT
4.1 PDA International holds the proprietary rights pertaining to the database for each and every one of the materials and services provided as part of the Services. The Buyer is expressly prohibited from copying any part of the Services (including products), except to the extent required to receive the Services under this Agreement.
4.2 All books and materials provided by PDA are subject to copyright and other intellectual property rights and may not be copied, for any purpose, without the express written permission of the copyright holder.
PDA International tries to ensure that the information contained in the materials is accurate, but it is provided as support material for events and does not substitute them. The information always tends to disappear quickly. For this reason, the Buyer acknowledges that it must not rely on the content of the course books or materials provided by PDA International without verifying them.
4.3. PDA may provide paper assessment documentation. The Buyer agrees not to make copies of said documents and to use only the originals provided by PDA.
The data provided by Candidates in relation to said documentation are taken into account in exactly the same way as the data entered into the Services, once submitted to PDA, and the Buyer’s obligations to any Candidate to which it provides paper documentation are the same as the ones it has with Candidates directly using the Services.
5. DATA PROTECTION
5.1 This clause 5 should be interpreted in reference to the definitions contained in the Data Protection Act 1998 (the “Law”)
5.3 When it acts as a data processor, PDA agrees to act solely by following the instructions of the pertinent data controller and to comply with the seventh principle of data protection (security).
5.4 PDA International shall cooperate with the Buyer and shall provide it with reasonable assistance in relation to any subject access request received by the Buyer. When PDA receives subject access requests related to data of which PDA is the data processor and the Buyer is the data controller, PDA shall send the subject access request to the Buyer.
PDA may charge the Buyer to manage subject access requests based on its normal rates for time and materials (and without reference to the rate that the staff responsible for processing could charge the data subject in accordance with the Law). The Buyer shall indemnify and hold PDA harmless against any claim made by an interested party in relation to breach of the Law in which PDA is the data processor and is acting in accordance with clause 5.3 above.
5.5. The Buyer recognises and accepts that the data provided to PDA International may be added to other data and used for analytical purposes. When used for analytical purposes, PDA ensures that the data is properly anonymised prior to said use, and that no individual shall be identifiable based on the data that were anonymised and added.
6. USE OF ASSESSMENTS
6.1 The Buyer accepts and recognises that the results of the Assessments are a tool to help with the selection, retention, development, deployment and advancement of Candidates (including employees), and are intended to be utilised as an aid by trained Human Resources personnel. In particular, the Buyer agrees that the results of the Assessments shall not be used for redundancy selections.
7. AVAILABILITY OF SERVICES
7.1 PDA International shall make every reasonable effort to guarantee that Services are available at all times, but does not guarantee 24/7 availability. The Client accepts and acknowledges that Services shall only be available when it maintains a sufficiently fast and reliable internet connection, and uses a browser environment that complies with PDA International guidelines.
In particular, this may require downloading browser complement add-ons to allow access to content. PDA is not liable for said complements from third parties and the Buyer is responsible for complying with the licensing agreements that may apply thereto.
7.2 The Buyer accepts and acknowledges that it is responsible for maintaining security copies of its data, including data stored in PDA International’s system.
Revision May 24, 2018