Terms & Conditions
CELL.KOMUNIKACIJA Sp.z.o.o and its affiliates, d/b/a IQ Test (“ WW IQ Test”, “ we”, “ our”, “ Company”) welcomes you (the “ User(s)”, or “ you”) to our primary website at /en and its subdomains (the “ Site”). Each of the Site’s Users may use the Site in accordance with the terms and conditions hereunder.
- Acceptance of the Terms
The Site is available only to individuals who (a) are at least sixteen (16) years old; and (b) possess the legal capacity to enter into these Terms (on behalf of themselves and their organization, as applicable) and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Site in accordance with these Terms, and to fully perform your obligations hereunder.
- The Site
The Site provides, primarily, access to our proprietary online IQ tests, which are intended for measuring the examinee’s intelligence quotient (IQ) (the “ Test(s)”). Your use of the Site and access to the Tests is made available free of charge; however, upon completing the Test, we may offer you additional paid services, such as Test scoring, detailed performance reports (based on your performance in the Test) and a certification of completing the Test. Please note that we reserve the right to charge fees, at our discretion, for any service provided via the Site, including the Tests, at any time.
In addition, the Site provides comprehensive information regarding the Company’s activities and includes, inter-alia, an overview of the Company, the Tests and news regarding the Company and its services, including other content related thereto such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, information, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Site and the Tests, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, the Tests and all results, scores and certifications which relate to the Tests and other features obtained from or through the Site (collectively, the “ Content”).
For the avoidance of doubt, it is hereby clarified that unless context requires otherwise, the term “Site” includes the “Test(s)” and all results, certifications and reports related thereto, as may be offered by the Company from time to time.
IMPORTANT NOTE :
THE SITE AND THE TESTS ARE MADE AVAILABLE SOLELY FOR ENTERTAINMENT PURPOSES. WITHOUT DEROGATING FROM THE AFORESAID, IT IS HEREBY CLARIFIED THAT: (I) THE TEST IS NOT A PROFESSIONAL DIAGNOSTICS, ANALYSIS OR CONSULTATION TOOL AND SHOULD NOT BE USED OR OTHERWISE REGARDED AS SUCH. PLEASE NOTE THAT TEST RESULTS MAY VARY DEPENDING, AMONGST OTHERS, ON EACH EXAMINEE’S CHARACTERISTICS, THE TYPE OF WW IQ TEST EMPLOYED AND EXTERNAL CIRCUMSTANCES (e.g., EXAMINEE’S FATIGUE); (II) USE OF, OR YOUR RELIANCE ON, ANY TEST RESULTS, OF ANY KIND (INCLUDING ANY CERTIFICATE THAT WE PROVIDE) AND FOR ANY PURPOSE, IS ENTIRELY AT YOUR OWN RISK; (III) THE TEST RESULTS (INCLUDING CERTIFICATES) ARE PROVIDED “AS-IS” WITH NO WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND; (IV) THE TEST IS NOT INTENDED TO ASSESS AND/OR MEASURE THE ABILITIES OF CHILDREN UNDER THE AGE OF SIXTEEN (16); AND (V) ANY CERTIFICATE ISSUED BY US ATTESTS SOLELY TO THE COMPLETION OF THE APPLICABLE TEST AND DOES NOT CONSTITUTE A GENERALLY ACCEPTED, STANDARDIZED OR PROFESSIONAL CERTIFICATION AND DOES ATTEST TO ANY CHARACTERIZATION OR QUALIFICATION OF THE EXAMINEE.
ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE, INCLUDING THE TESTS, ARE RESERVED TO THE COMPANY OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE, THE TESTS AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “ AS IS ” BASIS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE TESTS AND/OR THE CONTENT AVAILABLE THEREIN. YOUR USE OF THE SITE AND/OR THE TESTS (INCLUDING ANY CERTIFICATE OR RESULT ISSUED IN CONNECTION WITH THE TESTS) AND/OR THE CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.
You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the Site, according to the applicable rates charged by your respective third-party Internet and data usage service provider as may be from time to time.
Certain features of the Site, as well as certain service provided via the Site, may be subject to the payment of certain fees, as specified on our Site from time to time at the Company’s discretion (the “ Consideration”).
If you fail to pay the Consideration, or if your payment method information is entered in error or does not go through for processing and you do not update payment information upon our request, we may suspend or cancel your access to the applicable services. You will receive a receipt, via e-mail, upon each payment received. The Company reserves the right to modify the Consideration at any time and at its sole discretion.
Unless otherwise stated, our charges include VAT but do not include any other taxes, levies, duties or similar governmental assessments, including sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction. We will invoice you for such taxes if we believe we have a legal obligation to do so.
- Use Restrictions
There are certain conducts which are strictly prohibited when using the Site. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at WW IQ Test’s sole discretion) in the termination of your use of the Site and/or Tests and/or Content and may also expose you to civil and/or criminal liability.
Unless otherwise explicitly permitted under these Terms or in writing by WW IQ Test, you may not (and you may not permit anyone to): (a) use the Site and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site and/or Content for non-personal or commercial purposes; (c) remove or disassociate, from the Content and/or the Site any restrictions and signs indicating proprietary rights of WW IQ Test or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that WW IQ Test endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by WW IQ Test on or through the Site, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to WW IQ Test’s proprietary rights, including WW IQ Test’s Intellectual Property (as such term is defined below), in any way or by any means; (k) make any use of the Content on any other site or networked computer environment for any purpose without WW IQ Test’s prior written consent; (l) create a browser or border environment around WW IQ Test Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or the Content; (n) frame or mirror any part of the Site without WW IQ Test’s prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content from the Site; (p) transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) use the Site for any purpose for which the Site is not intended; and/or (r) infringe and/or violate any of the Terms.
- Privacy and Policy
- Intellectual Property Rights
The Site, the Tests, the Content and WW IQ Test’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, research and development processes and their outcomes, know-how, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “ Intellectual Property”), are owned by and/or licensed to WW IQ Test and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by WW IQ Test and its licensors.
The Terms do not convey to you an interest in or to WW IQ Test’s Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of WW IQ Test’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to WW IQ Test (“ Feedback”), WW IQ Test shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any WW IQ Test current or future services and/or activities and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require WW IQ Test to comply with any additional obligations with respect to any WW IQ Test current or future products, technologies or services that incorporate any Feedback.
- Trademarks and Trade Names
WW IQ Test’s marks and logos and all other proprietary identifiers used by WW IQ Test in connection with the Site and its services (“ WW IQ Test’s Trademarks”) are all trademarks and/or trade names of WW IQ Test, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site belong to their respective owners (“ Third Party Marks”). No right, license, or interest to WW IQ Test’s Trademarks and the Third-Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
- Linking to the Site and links to Third Party Sites
We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by WW IQ Test and does not portray WW IQ Test in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to the Site you represent that your site does not contain content that is unlawful, offensive or infringing third-party rights. However, we do not permit framing or inline linking.
The Site’s availability and functionality depends on various factors, such as communication networks. WW IQ Test does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
- Changes to The Site
WW IQ Test reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that WW IQ Test shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Content included therein. You hereby agree that WW IQ Test is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.
- Disclaimers and No Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE, THE TESTS AND CONTENT ARE PROVIDED ON AN “ AS IS”, “ WITH ALL FAULTS” AND “ AS AVAILABLE” BASIS, AND WW IQ TEST, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “ WW IQ TEST’S REPRESENTATIVES”), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE. WW IQ TEST AND WW IQ TEST’S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE AND/OR THE CONTENT, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR INFORMATION DISPLAYED WITHIN THE SITE, AND/OR THE CONTENT (INCLUDING, INTER ALIA, THE TEST AND/OR THE CERTIFICATION). INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
- Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL WW IQ TEST, INCLUDING WW IQ TEST’S REPRESENTATIVES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITE AND/OR THE CONTENT, ANY COMMUNICATIONS AND INTERACTIONS WITH USERS OF THE SITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE IN CONNECTION OF YOUR USE OF THE SITE AND/OR THE CONTENT (INCLUDING, INTER ALIA, THE TEST AND/OR ANY CERTIFICATION OR OTHER TEST RESULT), YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT AND/OR THE FAILURE OF THE SITE TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT, OR FROM THE PERFORMANCE OR FAILURE OF WW IQ TEST TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF WW IQ TEST OR WW IQ TEST’S REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER WW IQ TEST OR WW IQ TEST’S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, WW IQ TEST’S AND WW IQ TEST’S REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE AND/OR THE TESTS AND/OR ANY RESULT AND/OR SCORE AND/OR CERTIFICATION WHICH RELATES TO THE TESTS AND/OR OF THE CONTENT, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO WW IQ TEST FOR USE OF THE APPLICABLE TEST(S), IF ANY OR $US 1.00, WHICHEVER IS GREATER. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM WW IQ TEST’S REPRESENTATIVES.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify and hold harmless WW IQ Test, including WW IQ Test’s Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the Site; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
- Amendments to the Terms
WW IQ Test may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
- Termination of these Terms and the Termination of the Site’s operation
At any time, WW IQ Test may without notice discontinue your use of the Site, at its sole discretion, in addition to any other remedies that may be available to WW IQ Test under any applicable law.
Additionally, WW IQ Test may at any time, at its sole discretion, cease the operation of the Site or any part thereof, temporarily or permanently, delete any information or Content from the Site or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice. You agree and acknowledge that WW IQ Test does not assume any responsibility with respect to, or in connection with the termination of the Site’s operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimers and No Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
(a) These Terms constitute the entire terms and conditions between you and WW IQ Test relating to the subject matter herein and supersedes any and all prior written or oral agreements or understandings between you and WW IQ Test, (b) any claim relating to the Site or the use thereof will be governed by and interpreted in accordance with the laws of the England and Wales without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts located in the city of London, UK. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, WW IQ Test may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF, OR RELATED TO, THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign these Terms without restriction or notification, and (i) no amendment hereof will be binding unless in writing and signed by WW IQ Test.
For Israeli consumers – Cancellation of a transaction in accordance with the Consumer Protection (Cancellation of a Deal) Regulations, 2010 and the Consumer Protection Law, 1981
- For information, questions or notification of errors, please contact :
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to: firstname.lastname@example.org.
Last Revised: July 19, 2021