Terms & Conditions

Please read the following important terms and conditions before you buy anything on our website and check that they contain everything you want and nothing that you are not willing to agree to.

This contract sets out:

• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information required by law.

In this contract:

“contract” means these integrated leadership assessment tool terms and conditions ;

“iLat Test” or “iLat Services” means the integrated leadership assessment tool that we provide to you as a service on the Portal. A description of the iLat Test and associated pricing can be found here: ilat.co.uk;

“Portal” means this portal that is available viailat.co.uk to access the iLat Test;

"we", "us" or "our" means the University of Chester, a non-exempt charity registered with the Charity Commission for England and Wales with registered charity number 525938 with its principal office at University of Chester, Grosvenor House, Parkgate Road, Chester, CH1 4BJ; and

"you" or "your" means the person using the Portal to buy the iLat Test from us.

If you have any questions about this contract or any orders you have placed, please contact us by:

• sending an email to contactus@ilat.co.uk; or
• calling us on 01244 511786 (our telephone lines are open Monday to Friday 9 am to 5 pm).

If you would like this contract in another format (for example: audio, large print, braille) please contact us using the contact details above.

Who are we?

1. INTRODUCTION

   1. If you buy the iLat Services on this Portal you agree to be legally bound by this contract.

   2. These terms and conditions apply only if you are buying the iLat Services on this Portal as a consumer.

   3. This contract is only available in English. No other languages will apply to this contract.

   4. When buying any of the iLat Services on this Portal you also agree to be legally bound by our website terms and conditions and any documents referred to in them (including our privacy policy and cookie policy), which are available here: ilat.co.uk/terms. These documents form part of this contract as though set out in full here.

2. INFORMATION WE GIVE YOU

   1. We are required to give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:

      1. review the ‘Payment Summary – Review Your Order’ page during the online check-out process; or

      2. contact us using the contact details at the top of this page.

   2. The key information we give you by law forms part of this contract (as though it is set out in full here).

   3. If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

3. YOUR PRIVACY AND PERSONAL INFORMATION

   1. Our "Privacy Policy" is available at ilat.co.uk/privacy.

   2. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

4. ORDERING ILAT SERVICES FROM US

   1. Below, we set out how a legally binding contract between you and us is made.

   2. You can place an order for an iLat Test on the Portal after you have registered for an account with us. Once you have added an iLat Test to your basket, we will display your order details on the ‘Payment Summary – Review Your Order’ page. Please read and check your order details before submitting it. You will be able to correct any errors before submitting your order to us.

   3. When you place your order at the end of the online checkout process, your order may not have been accepted by us.

   4. We may contact you to say that we do not accept your order. This is typically for the following reasons:

      1. we cannot authorise your payment;

      2. you are not allowed to buy the iLat Services from us or we are not allowed to sell the iLat Services to you (see clause 4.6 below);

      3. there has been a mistake on the pricing or description of the services; or

      4. there has been a technical issue on our Portal.

   5. We will only accept your order when we email you to confirm this ("Confirmation Email"). At this point:

      1. a legally binding contract will be in place between you and us; and

      2. we will provide the iLat Services as agreed during the online checkout process.

   6. You are not eligible to purchase the iLat Services if you are under the age of 18 . The iLat Services are intended for use by residents in the United Kingdom. If you access the iLat Services outside of the United Kingdom, you are responsible for compliance with all local laws and regulations and we provide no warranty or representation that the iLat Services will comply with local laws and regulation (hereby disclaim any liability for compliance with local laws and regulations to the greatest extent permitted by law).

5. RIGHT TO CANCEL

   1. Subject to clause 5.2, you have the right to cancel this contract within 14 days from the day of the conclusion of the contract without giving any reason. Your right of cancellation expires after this 14-day period.

   2. However, you do not have the right to cancel if you have taken the iLat Test during the cancellation period and the iLat Services are fully performed by us during this period. This is further explained in clauses 5.6 and 5.7 below.

   3. 5.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post or email) using the contact details at the top of this page. You may use the model cancellation form available here, but it is not obligatory.

   4. You can also electronically fill in and submit the model cancellation form or any other clear statement on our website ilat.co.uk/contact-us. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (eg by email) without delay.

   5. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

   6. We will not start providing the iLat Services during the 14-day cancellation period unless you ask us to. When you place an order for the iLat Services, you will be given the option to tick a box to request for us to start providing the iLat Services during the cancellation period. By ticking the box, you acknowledge that you will lose your right to cancel this contract once the iLat Test is started by you. If you do not tick the box, we will not be able to start providing the iLat Services to you until the cancellation period has expired. We are not obliged to accept your request.

   7. This means that if you requested for to take the iLat Test during the cancellation period during this period, you lose your right to cancel and will be required to pay the full price under this contract even if the cancellation period has not expired.

   8. This does not affect the rights you have if the iLat Services are faulty – see clause 12 below.

6. EFFECTS OF CANCELLATION

   1. If you cancel this contract during the cancellation period, we will reimburse to you all payments received from you unless you requested for us to start providing the iLat Services during the cancellation period, in which case you must pay us the full price you agreed to pay for the iLat Test.

   2. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

   3. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

7. PAYMENT

   1. We accept the following credit cards and debit cards: visa and mastercard. We do not accept cash or cheques.

   2. We will do all that we reasonably can to ensure that all of the information you give us when paying for the iLat Test is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

   3. Your credit card or debit card will only be charged when you have placed an order with us for the iLat Test.

   4. All payments by credit card or debit card need to be authorised by the relevant card issuer. We, or our third party payment processor, may also need to use extra security steps which we, or our third party payment processor, will inform you of during the payment process if required.

   5. If your payment is not received by us, you will not receive access to the iLat Test.

   6. Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 5 and 6 provided the iLat Test has not been accessed or started by you.

   7. All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate.

8. ACCOUNT REGISTRATION AND SECURITY

   1. In order to purchase an iLat Test, you must register an account with us on the Portal. You must ensure that the registration information you use is:

      1. accurate and is kept up-to-date; and

      2. kept secure – account sharing is not permitted and you are responsible for all activity undertaken on your account.

   2. We have the right to suspend or terminate any accounts that we reasonably believe to be in breach of this contract.

9. NATURE AND USE OF THE SERVICES

   1. You must start and complete the iLat Test within six (6) months of receiving the Confirmation Email. If you do not complete the iLat Test within this period, your access will expire, and no refund will be due. This does not affect:

      1. your statutory rights in relation to cancellation and refunds, including within the statutory cooling-off period (see clause 5), or if the iLat Services are faulty (see clause 12); or
      2. your rights where we stop providing the iLat Services for our convenience (see clause 13.4).

   2. Our provision of the iLat Services might be affected by events beyond our reasonable control. If so, there might be a delay before we can take or re-take the iLat Test, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to allow you to start or restart the iLat Test as soon as those events have been fixed.

   3. You have certain legal rights in relation to the nature of the services (also known as ‘statutory rights’). The iLat Services that we provide to you must be carried out with reasonable care and skill and in accordance with this contract. The iLat Test must also be of satisfactory quality, as described and fit for the purpose for which it is intended by us.

   4. We grant you a limited, revocable, non-exclusive, non-transferable, single-use licence to:

      1. access and complete the iLat Test; and

      2. download or print the results of your iLat Test after completion.

   5. We retain ownership of all intellectual property rights in the iLat Test (including the question bank, scoring methodology, report and result templates) and Platform.

   6. Payment of the price for the iLat Test entitles you to take the iLat Test once. If you do not complete the iLat Test in one sitting you may pause completion of the iLat Test and resume performance of the iLat Test in your account. However, please note that taking the iLat Test in stages may affect the overall consistency of the responses, and therefore results, of the iLat Test. Once all responses to the questions within the iLat Test have been submitted, the iLat Test will have been completed.

   7. After you have completed the iLat Test, the results of your iLat Test will be available to download or print. If you exit the Portal after you have completed the iLat Test without downloading or printing your results, your results will be available in your account for you to view or download.

   8. You must not:

      1. copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the iLat Test in whole or in part;

      2. record, scrape, publish, share, or distribute any questions, scoring logic or test content;

      3. use bots, automation, or assistive tools that circumvent normal operation of the iLat Test;

      4. enable or assist others to cheat or gain unauthorised access to the iLat Test; or

      5. make derivative works from the results of the iLat Test.

   9. We retain the right to make changes to the content and operation of the iLat Test at any time.

   10. We may monitor your use of the iLat Test and Portal for misuse or breach of this contract. If we reasonably believe that you are in breach of this contract we have the right to terminate or suspend your access to the iLat Test and/or Portal.

10. RESULTS OF THE ILAT TEST

    1. We retain the right to use the anonymised results of your iLat Test for on-going research and development purposes. Anonymised results will not include any information that could be used to identify you.

    2. The results of your iLat Test may be watermarked and include a version identifier for transparency or include a copyright notice signposting ownership of the intellectual property rights in the iLat Test.

    3. The iLat Test and any results generated by it:

       1. are informational only (and not diagnostic);

       2. depend on your honesty; and

       3. used at your own risk.

    4. You use the iLat Test and results generated by it at your own risk and no particular outcome is guaranteed by us. Although we make reasonable efforts to update the iLat Test, we make no representations, warranties or guarantees, whether express or implied, that the iLat Test is accurate, complete or up to date or suitable for any particular purpose.

    5. You must not rely on the iLat Test or results generated by it as the sole basis for employment, promotion, disciplinary or legal decisions. You should seek appropriate professional or specialist advice before taking, or refraining from, any action on the basis of the content or results of the iLat Test.

11. USE OF THE PORTAL

    1. You are not permitted to use the Portal:

       1. in a way that:

          
          

          (a)   breaches any applicable local, national or international law or regulation;

          
          

          (b)   is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;

       2. for the purpose of harming or attempting to harm minors in any way;

       3. to bully, insult, intimidate or humiliate any other person;

       4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

       5. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of or interfere with the Portal; or

       6. to upload terrorist content.

    2. The Portal does not allow you to upload user-generated content and you should not attempt to do so.

    3. We will use reasonable endeavours to ensure the availability of the iLat Services on the Portal. However, the iLat Services may be unavailable during periods of scheduled or emergency maintenance. We do not have to notify you of any such scheduled or emergency maintenance.

    4. If you require technical support to use the Portal, please contact: contactus@ilat.co.uk

12. FAULTY SERVICES

    1. You have legal rights in relation to faulty services (also known as ‘statutory rights’).

    2. If you think that the iLat Services that we provide to you are faulty or not delivered in accordance with this contract (for example not delivered with reasonable skill and care), you may have the right to repair or replacement, or the right to a price reduction. These rights are subject to certain exceptions and conditions.

    3. For more detailed information on your rights and what you should expect from us, please:

       1. contact us using the contact details at the top of this page; or

       2. visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.

    4. Nothing in this contract affects your legal rights if the iLat Services are faulty (also known as ‘statutory rights’). You may also have other rights in law.

13. END OF THE CONTRACT

    1. If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

    2. We may suspend or terminate your access to the Portal if you materially breach these terms (including acceptable use), or if we detect fraud or security risk, or as required by law.

    3. On termination, your right to access the iLat Test ceases. You may retain any results of the iLat Test already downloaded or printed for personal, non commercial use.

    4. We can stop providing the iLat Services at any time. If you have already paid for the iLat Test and not yet taken it, we will refund any sums you have paid for the iLat Test if we stop providing the iLat Services within six (6) months of your receipt of the Confirmation Email.

14. LIMITATION ON OUR LIABILITY

    1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury or fraud or fraudulent misrepresentation) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

       1. losses that were not foreseeable to you and us when the contract was formed;

       2. losses that were not caused by any breach on our part;

       3. business losses; or

       4. losses to non-consumers.

15. THIRD PARTY RIGHTS
    

    No one other than a party to this contract has any right to enforce any term of this contract.

16. EVENTS OUTSIDE OF OUR CONTROL
    

    We are not responsible for delays or failure to perform due to events outside our reasonable control. If such an event occurs, we will contact you and take reasonable steps to minimise the effect.

17. DISPUTES

    1. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the services we have provided or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.

    2. If we are unable to resolve your complaint to your satisfaction, you may then follow our "Complaints Procedure" which can be accessed here.

    3. If a dispute cannot be resolved in accordance with our Complaints Procedure or you are unhappy with the outcome, you may want to use alternative dispute resolution ("ADR"). ADR is a process for resolving disputes between you and us that does not involve going to court.

    4. You can submit your dispute to the Centre for Effective Dispute Resolution (CEDR) for resolution by going to Consumer Dispute Resolution - CEDR | Alternative Dispute Resolution. CEDR is the ADR provider we use and is approved by the government to provide ADR services.

    5. If you do not wish to use ADR or are unhappy with the outcome of ADR, you can still bring court proceedings.

    6. The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.

    7. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.