Conditions Of Use
Last updated - november 25. 2023
These Conditions Of Use (“Conditions”, “Conditions of Use”) govern your relationship between you and menthea (“disc-tests.com”, “us”, “we”, or “our”, a Danish company registered with the Trade Register in Denmark with the Cvr. number DK-44502674) in relation to the use of https://disc-tests.com website (the “Service”) as operated by menthea ApS.
These Conditions of Use are applicable to visitors, users, and others who access or use our Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Conditions. By accessing or using the Service you agree to be bound by these Conditions. If you disagree with any part of the Conditions, then you may not access the Service.
1. About Our Service
Our Service is an online test profile assessment analysis tool based on DISC. It is used to determine what kind of DISC-profile a certain individual scores the most in. It is often used for recruitment purposes to determine whether an applicant is the right fit for a particular job position.
1.1 Administrator of the website
This website is managed by:
menthea ApS
Nygade 12A
DK-4300 Holbæk
Denmark
+45 8181 9393
mail@disc-tests.com
Cvr no.: DK-44502674
2. Eligibility
In order to use our Service, you must:
- be at least eighteen (18) years old and able to legally undergo contractual obligations,
- complete the registration process,
- agree to these Conditions
- provide true, complete, and up-to-date contact information and
- not be – either individually or as part of a group, entity or state, subject to EU, US and UN sanctions, embargoes, and bans that prohibit the use of this Service.
2.1 By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.
The customer is responsible for ensuring that disc-tests.com is only used for legal purposes and that the system is not misused. If this is suspected, disc-tests.com reserves the right to delete the profile immediately.
When subscribing to disc-tests.com, the customer obtains a right to use the software.
The right of use is not exclusive.
The right of use may not, without the express consent of disc-tests.com, be transferred to a third party.
The customer has full responsibility for the users who are given access to the system.
disc-tests.com's data, programs, logos, etc., which are included in the product, belong to disc-tests.com and are protected by applicable law, including the law of Copyright, Trademark and Marketing.
It is not permitted to hide, remove or alter trademarks, product information, copyright notices or anything similar.
2.3 disc-tests.com, may refuse Service, close accounts of any users, and change eligibility requirements at any time.
3. Pricing
It is absolutely free to uphold an account on disc-tests.com. You only pay for the amount of DISC-assessment tests you purchace as you go along. There are nu running fees.
The current price for a disc-test is found here: https://disc-tests.com/#pricing.
The currency used on disc-tests.com is US Dollars.
4. Payment of our Service
You can pay for one or several DISC-assessment tests in two possible manners:
4.1 With an already registered payment card
It is possible save your creditcard information for easier future use. The registration takes place over an SSL-encrypted connection, which is approved by Freepay.
You can register the following cards: Dankort (only in Denmark), Visa-Card, MasterCard, Maestro & JBS, GooglePay, ApplePay & MobilePay (only in Denmark).
Once you accept the purchase overview total, you are automatically debited from the registered and active payment card.
4.2 With a creditcard
Once you accept the purchase overview total, you are automatically redirected to Freepay's online credicard checkout payment. After entering your creditcard credientals, you are debited from the registered credit card.
You can pay for your DISC-assessment tests by using the folowingcards: Dankort (only in Denmark), Visa-Card, MasterCard, Maestro & JBS & MobilePay (only in Denmark), GooglePay And ApplePay.
4.3 Renewal of payment cards
If the company has received a new payment card, or your current card will soon expire, you can add a new card in your control panel under the menu item Payment card (requires login). The old card is automatically deleted and replaced by the new Payment Card. This new card will then be the card from which your payments are automatically deducted when purchasing new DISC-assessment tests.
4.4 Invoice reciepts
With all purchases, you automatically receive an email-reciept with an attached copy of your invoice of your purchased service. It is also possible to download a copy of alle of your previous purchases from your profile-dashboard under the menu-item Invoices.
4.5 Right of withdrawal
Our product is available and put into use immediately after your purchase and therefore cannot be returned. Our cancellation policy complies with the "Consumer Contracts Act" and applicable case law in the field - Read more here (in Danish)
5. Authorized use of the Service
- You may only use the Service for lawful purposes and in a manner consistent with the nature and purpose of disc-tests.com.
- You must not use the Service to assess candidates for any jobs which are unlawful, unsafe, offensive, discriminatory, or inappropriate.
- You must not use the Service to solicit information from candidates that could be used to discriminate against them.
- Unauthorized use of the Service may be a criminal offense and/or give rise to a claim for damages.
6. Processing of personal data
disc-tests.com is data responsible for the information that we processes about users of our Service.
disc-tests.com is the data processor for the information processed in the system about persons other than the users of the system.
Please refer to our Privacy Policy on the bottom of our Laning Page.
7. General conditions
If the Customer materially breaches its obligations under this agreement, we are entitled to close the customer's access to our Service instantly.
The customer's illegal use of our Service will always be considered a material breach.
8. Disclaimers
disc-tests.com can not be held responsible for any direct or indirect losses that may follow or occur in relation to the use of our Service.
disc-tests.com is not liable for damages, in the event of non-delivery, interruption or anything else due to circumstances beyond our solutions control. Including e.g. lightning strikes, power outages, floods, war, strikes or similar situations.
Your use of our Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
menthea its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
9. Accounts
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
10. Intellectual Property on the Service
The Service and its original content (excluding Content provided by users), features, and functionality are and shall remain the exclusive property of menthea and its licensors. The Service is protected by copyright, trademark, and other laws of both the Netherlands and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of menthea. You agree that menthea shall hold the exclusive property rights to the (aggregated and anonymized) test scores and may use these for performing and improving its Services (e.g. benchmarking of scores).
11. Limitation Of Liability
In no event shall menthea, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from
(i) your access to or use of or inability to access or use the Service;
(ii) any conduct or content of any third party on the Service;
(iii) any content obtained from the Service; and
(iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Such limitations shall not apply if the damages are the result of a deliberate act or gross negligence on the part of menthea or its senior management. In any case shall menthea’s aggregate liability under these Terms be limited to the fees actually paid by you to menthea in the last Billing Cycle.
12. Disputes & venue
If a disagreement arises, or any other form of dispute between disc-tests.com and the customer, the disagreement must be resolved by negotiation. If the parties cannot reach an agreement in such a negotiation, the dispute must be settled in accordance with ordinary Danish law at the City Court in Holbæk as the first instance.
13. Change of Terms Of Use For Companies
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change shall be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
disc-tests.com reserves the right to continuously change these terms and conditions.
The conditions will appear at any given time from on the bottom of our landing page: https://disc-tests.com.
