Terms & Conditions
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Simply Mustard Website terms and conditions of use
This document sets out the terms and conditions (“Termsâ€) of All Things Mustard T/A SimplyMustard, a company registered in the United Kingdom, Registration 12772205 with registered address at The Barn, 6 Coldharbour Lane, Hildenborough, Tonbridge, Kent TN11 9JT (Service Provider) pertaining to the access and use of the website www.simplymustard.com.
By accessing the Website, you ("you" or "user") indicate your acceptance of and agreement to
these Terms. If you disagree with any of the Terms, please refrain from accessing the Website and/or using our products and services.
If you are under the age of 18, you must obtain your parents' or legal guardians' advance authorization, permission, and consent to be bound by these Terms before purchasing any products or services.
Service Provider reserves the right, in its sole discretion, to introduce, amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, the user shall be deemed to have consented and unconditionally agrees to comply, by such access and/or use, to the Terms, as introduced, amended and/or
replaced by Service Provider from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Website.
If there is anything in these Terms that you do not understand, or do not agree with, then contact prior to accessing this site. See clause 21 below for contact details. Please note that calls to us are charged at national rates and may be monitored for training, security, and quality assurance purposes.
Definitions
Assessment(s) means the psychometric, cognitive, technical, or developmental assessments, provided by specialist assessment providers, to evaluate and measure the ability of the candidate.
Portal means the information hub housing all data provided, stored, or processed by SimplyMustard.
Services means the access and usage of the Simply Mustard product including but not limited to the Account Management, booking service, communications management, administrative processes, reporting, assessment data, aggregated reports, on -line data base, evaluations, results, and comparative tools.
Website includes the Portal and Services and all information, products, functions, and services accessed on or via 3rd party links through www.simplymustard.com
.
Registration, account set-up and termination
You, the user, may visit the Website and/or register to use the Portal and/or Services and make use of the Website. Types of user include, but are not limited to;
Channel Partner: a person or organisation that markets and sells Simply Mustard Services to the client
Client: a person or organisation making use of, and paying for, the Services 7.1.3.Candidate: a person undertaking an Assessment
7.1.4.Visitor: a person visiting the Website Hereinafter referred to as "You" or "User"
Registration is required to access the Services and parts of the Portal. You will be required to provide us with information to set up your account, including but not limited to information such as: name, email address, country of residence, location, company size, gender, and ethnicity.
Registration will enable your account to be set up via a verification email. Your account will be password protected.
You are solely responsible for keeping your account details and password secret.
You are solely responsible for any loss you may suffer should any other person use your account details.
You will be required to enter your account details to gain access to the Website and Services. If you lose or forget this information, or believe your account details may be compromised, contact support@simplymustard.com for assistance.
All personal information collected is handled, processed, and stored in accordance with our Privacy Policy which is available at www.simplymustard.com/privacypolicy. By accessing the Website, you consent to us collecting, processing, and storing your personal information for the purposes as outlined in our Privacy Policy.
You may not register an account on the behalf of any other person or register an alternative account if your account access has been suspended or terminated.
You acknowledge and agree that we, in our sole and absolute discretion, have the right to delete or deactivate your account, block your email or IP address, or otherwise terminate access to or use of the Website or Services (or any part thereof), immediately and without notice and remove and discard any content within the Portal or Services, for any reason, or no reason at all, including, without limitation, if we believe that you have violated these Terms. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Website. You agree not to attempt to use the products or services after any such termination.
Website access, Portal & Services use
When making use of the Website, you understand and agree that: -
You will make use of the Website in the prescribed format and in accordance with the Terms herein.
We are entitled to email the name and email address supplied for Assessment notifications, process updates, information on the Services, results, reports, reminders, and occasional company mailings about new products and features. These mailings can be opted out of at any time by selecting the unsubscribe button at the foot of the email.
You are solely responsible for your privacy regarding your personal information and for providing content, information, posting, transmitting, linking, or publishing confidential information and to comply with all applicable data protection laws as well as our Privacy Policy.
We are entitled to provide your Assessment Results to You via our Platform (having regard for your privacy and anonymity as described in the Privacy Policy) with no compensation paid to you.
The Assessment and Assessment Provider are selected by You and we are not responsible for the option chosen or the results provided.
The validity of Assessments depends upon the honesty and self-insight of the User. We are not responsible for the information supplied by users nor do we verify or validate their inputs. The Assessment results are situational and reflect the users responses at that time.
The Assessment results are not intended to constitute professional psychological or psychiatric advice, nor are they a diagnostic tool for psychological or psychiatric conditions.
You understand and accept that any insights provided within the Aggregated Report and other reports are solely based on the user information provided and cannot be verified or validated.
You agree to not provide any information that violates any law, or make libellous or defamatory comments or emails against anyone
You will not impersonate any person or entity or misrepresent an affiliation with any person or entity
Payment
There are two independent sets of pricing for the SimplyMustard platform, 9.1.1.South Africa in South African Rands (ZAR).
9.1.2.Global Pricing in United States Dollars (USD)
The SimplyMustard marketing website automatically detects from which region you are accessing it and displays the relevant pricing information based on that.
The SimplyMustard platform uses the country you selected on the creation of your account to determine which pricing is applicable.
Payment options
SimplyMustard has a P.A.Y.U. (pay as you use) policy as the default.
There are no sign-up, subscription or additional user fees.
Payment is required via Credit or Debit card as and when candidates are booked for assessment.
Payment is required before the platform will send out invitations for assessment to the candidates.
In specific circumstances you may arrange to deposit funds into the SimplyMustard bank account whereafter a credit will be issued to your User account. All transactions will then automatically be subtracted from this credit until it is depleted.
Bulk purchasing
In the event of a User requiring a large number of assessments, a request may be sent to SimplyMustard to arrange for bulk purchasing pricing and payment terms.
These assessments are added to the Users inventory. Inventory is held for 9 months after which it will expire.
Users are notified 30 days prior to their inventory expiring.
Refunds
The SimplyMustard platform does not allow for cash refunds.
When a User cancels a booking the following options are available on the basis that an assessment has not commenced:
A credit will be issued to the Users account to be used for another assessment. This will be subject to a 10% admin fee.
The specific assessment can be returned to the Users inventory to be assigned to a different candidate at another time.
Content of the Website
Service Provider reserves the right to make improvements, modify or to discontinue, without notice, any aspect or feature, information or content provided on or through the
Website (or any part thereof) and shall not be liable for such modification or discontinuance.
Service Provider reserves the right to change and amend the services, products, prices, and rates quoted on the Website from time to time without notice.
Service Provider may use the services of third parties to provide information, products, functionality, or services on or through the Website. Service Provider has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness, or correctness. The user agrees that such information is provided "as is" and that Service Provider and its online partners shall not be liable for any losses or damages that may arise from the users reliance on it, howsoever these may arise.
Service Provider makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on or through the Website, including without limitation:
Service Provider does not warrant that the Website services, information, or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. Service Provider expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy;
Whilst Service Provider has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any services, files, downloads, or applications available via the Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user's system; and
Service Provider disclaims any responsibility for the verification of any claims. Information published on the Website may be done so in the format in which Service Provider receives it and statements from external parties are accepted as fact.
The Service Provider retains no liability for assessment results whether favourable or unfavourable nor does it claim that results will result in a successful employment application. Users shall remain responsible for all Assessment responses. Any attempts to mislead the Assessment process will hamper the result, the Service Provider shall not be held liable to any action taken upon users for false information provided.
Linked third party websites and third-party content
Service Provider provides links to third party websites on or via the Website, and access to their products and services including but not limited to Assessments . These links are provided to the user for convenience, should the user opt to use the l inks provided, the Service Provider shall not be held l iable for any page visited outside of its domain. Whilst reasonable steps are taken to ensure that l inks l isted on i ts site are safe for users, the Service Provider is unable to control the selected Assessment or Provider, or its security practices and operations and thus shall not be held liable for any breach of conduct, leak of information or viruses.
While Service Provider tries to provide links only to reputable websites or online
partners, Service Provider cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of Service Provider. Service Provider is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on or via the Website.
You agree that Service Provider shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s)
contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on or via the Website, including but not limited to the services accessed in this manner, including but not limited to the Assessments. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third-party website or service provider.
Usage restrictions
The user hereby agrees that it shall not itself, nor through a third party:
copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website or any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
decompile, disassemble or reverse engineer any portion of the Website;
write and/or develop any derivative of the Website or any other software program based on the Website;
modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of Service Provider;
without Service Provider's prior written consent, provide, disclose, divulge, or make available to or permit the use of or give access to the Website by persons other than the user;
remove any identification, trademark, copyright, or other notices from the Website;
post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, or hateful, or racially, ethnically, or otherwise objectionable content of any kind.
Security
To ensure the security and reliable operation of the services to all Service Provider's users, Service Provider hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its Website, network, and back-office applications.
You may not utilise the Website in any manner which may compromise the security of Service Provider's networks or tamper with the products, information, or services in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any
unauthorised, damaging, or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should Service Provider suffer any damage or loss, civil damages shall be claimed by Service Provider against the user.
Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Service Provider and its affiliates,
agents and/or partners.
Intellectual Property Rights
For the purpose of this clause, the following words shall have the following meanings ascribed to them:
"Intellectual property rights" means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by Service Provider, now or in the future, including without limitation, Service Provider's
rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential
information, designs, agreements, and multimedia works, published on or via the Website ("proprietary material"), are the property of, or are licensed to, Service Provider and as such are protected from infringement by local and international legislation and treaties.
The User shall retain all intellectual property rights to their information, however, by submitting any information to us, including but not limited to any information associated with your Assessments, you automatically grant Service Provider and its affil iates an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, right and sub-licensable, transferable license to use, analyse, evaluate, draw conclusions, reproduce, distribute, prepare derivative works of, display, and process t he information in
connection with the Website and our (and its successors') business, including, without limitation, for the purpose of providing aggregated reports, making the information available and redistributing all or part of the information in accordance with our service provision in any media formats and through any media channels now or hereafter known in accordance with our Privacy Policy for the full terms of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
All rights not expressly granted are reserved and no right, title or interest in any
proprietary material or information contained in this Website or the Services is granted to you.
Except with Service Provider's express written permission, no proprietary material from this Website may be copied or retransmitted.
Irrespective of the existence of copyright, the user acknowledges that Service Provider is the proprietor of all material on the Website (except where a third party is indicated
as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title, or interest in any such material.
Risk, limitation of liability and indemnity
The user's use of this Website and Services, and the information contained on the
website is entirely at the user's own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall Service Provider be liable for any loss, harm, or damage suffered by the user as a result thereof. Service Provider
reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should Service Provider deem it necessary.
To the extent permissible by law:
Neither Service Provider, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the
inability to access or use the content of the Website, Portal, Services or any functionality thereof, or the information contained on the Website, or of any linked
website, even if Service Provider knows or should reasonably have known or is expressly advised thereof.
The liability of Service Provider for faulty execution of the Website or Services, as well as all damages suffered by the user, whether direct or indirect, as a result of the
malfunctioning of the website shall be limited to Service Provider rectifying the
malfunction, within a reasonable time and free of charge, provided that Service Provider is notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the website without the prior written approval of Service
Provider. However, in no event shall Service Provider be liable to the user for loss of
profits or for special, incidental, consequential, or punitive losses or damages arising out of or in connection with the website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
You hereby unconditionally and irrevocably indemnify Service Provider and agree to hold Service Provider free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by Service Provider or instituted against Service Provider as a direct or indirect result of:
your use of the Website, access or use of products and services and /or via 3 rd party links;
software, programs and support services supplied by, obtained by, or modified by you or any third party without the consent or knowledge of Service Provider;
your failure to comply with any of the terms or any other requirements which Service Provider may impose from time to time;
the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; T
any unavailability of, or interruption in, the service which is beyond the control of Service Provider.
Service Provider makes no warranty or representation as to the availability, accuracy, or completeness of the content of the Website or products and services accessed through 3rd party links. You expressly waive and renounce all your rights of whatever nature that you may have against Service Provider for any LOSS suffered by you, as a result of
information supplied being incorrect, incomplete, or inaccurate. This defence will survive termination, modification or expiration of these Terms and your use of the Services and Website.
Service Provider privacy and cookie policy
This clause 8 provides details about our Privacy and Cookie Policy, which Policy forms part of these Terms. Service Provider takes your privacy seriously and is committed to
protecting your personal information. We use the personal information that we collect from you in accordance with our Privacy and Cookie Policy which can be found at https://www.simplymustard.com/privacypolicy.
Confidentiality
By registering as a user, you agree that you shall hold in the strictest confidence and not disclose to any third-party information acquired in connection with any aspect of the products and/or services offered by Service Provider. You shall notify Service
Provider should you discover any loss or unauthorised disclosure of the information, support@simplymustard.com.
Any information or material sent to Service Provider will be deemed not to be confidential, unless otherwise agreed in writing by the user and Service Provider.
Breach or cancellation by Service Provider
Service Provider is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Website and services, or to claim specific performance of any
obligation whether or not the due date for performance has arrived, in either event without prejudice to Service Provider's right to claim damages, should any user:
breach any of these Terms;
in the sole discretion of Service Provider, use the Website in an unauthorised manner; or
infringe any statute, regulation, ordinance, or law.
Breach of these Terms entitles Service Provider to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to Service Provider on an attorney and own client scale.
Company Information
Full name: All Things Mustard Ltd
Registration number: Registration 12772205
Physical address: The Barn, 6 Coldharbour Lane, Hildenborough, Tonbridge, Kent TN 11 9 JT
Names of office bearers: Grant Theis
Registered at: The Barn, 6 Coldharbour Lane, Hildenborough, Tonbridge, Kent TN11 9JT.
Compliance with laws
You shall comply with all applicable laws, statues, ordinances, and regulations pertaining to your use of and access to this Website.
Notices
Except as explicitly stated otherwise, any notices shall be given by email to: support@simplymustard.com (in the case of Service Provider) or to the e-mail address you have provided to Service Provider (in your case), or such other address that has been
specified. Notice shall be deemed given 48 (forty-eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Service Provider may give you notice by registered mail, postage prepaid and return receipt
requested, to the address which you have provided to Service Provider. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. You acknowledge that all agreements, notices, or other communication required to be given in terms of the
law or these Terms may be given via electronic means and that such communications shall be "in writing". Notwithstanding anything to the contrary, a written notice or
communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.
General clauses
These Terms shall be governed in all respects by the laws of the United Kingdom as such laws are applied to agreements entered into and to be performed globally.
This Website is controlled, operated, and administered by the Service Provider from its offices within the United Kingdom. Service Provider makes no representation that the content of the Website is appropriate or available for use outside of the United Kingdom. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of United Kingdom export laws and regulations. If the user accesses this Website from locations
outside of the United Kingdom, that user is responsible for compliance with all local laws.
Service Provider does not guarantee continuous, uninterrupted, or secure access to our services, as operation of our Website may be interfered with as a result of a number of factors which are outside of our control.
If any provision of these Terms is held to be illegal, invalid, or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
Service Provider's failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of Service Provider.
No party shall be bound by any express or implied term, representation, warranty,
promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
Words importing the singular shall include the plural and vice versa, and words
importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
These Terms set forth the entire understanding and agreement between Service Provider and you with respect to the subject matter hereof.