Terms and Conditions

Last modified: August 22, 2024

1. Introduction

These terms of use and purchase govern your use of www.yalpop.com (the “Website”) and your purchase of digital content and services offered via the Website; by using the Website, you agree to these terms of use in full and they form part of your contract with us to provide the Website and related services including any digital content (including e-books) and subscription or other services made available on the Website (our “Products”) to you. If you disagree with these terms of use or any part of these terms of use, please do not register, subscribe or use the Website. When we refer to the Website we mean www.yalpop.com and the digital content and services made available by us through it or any subdomain of yalpop.com (e.g. business.yalpop.com)

We make no claims or representations in relation to the emotional, health or commercial benefits of using our services and the information provided on the Website is no substitute for professional medical advice where applicable. If you are concerned about health or mental well-being issues you are advised to consult your doctor.

Our Products are provided for information and entertainment purposes only and not for medical or psychological purposes,

Our Products should not be regarded as or relied upon as being a comprehensive or accurate opinion or assessment concerning your psychological well-being and personality.

Where you have any concerns arising out of your use of our Products you should seek appropriate professional advice.

Any decisions that you make once you have used or read the content of our Products are for you alone and we will not be liable for the consequences of any such decisions.

The official text for the Website and Products is the English version. Whilst we may translate our Products in languages other than in English the accuracy of such translations is not guaranteed. Any discrepancies or differences created in the translation to other languages are not binding and have no legal effect for any purpose.

You must be over the age of 13 years (or above the relevant age of consent in your country) to use the Website and purchase and use our Products.

Personal data you provide to us will be handled in accordance with our Privacy Policy.

In continuing to use the Website you confirm that you accept the then current terms and conditions in full at the time you use the Website.

Our policies may be updated from time to time to reflect changes in the law or our commercial and business practices and posted on our Website.

If you object to any change you have the right to cancel your use of the Website and the ongoing provision of Products from us within 30 days of the change by contacting us at [email protected]. You will not be entitled to a refund in relation to Products you have already downloaded or otherwise accessed.

2. Registration

You can access the Website without registering or subscribing but if you wish to view certain content or access certain Products, you may be required to register with the Website.

When you register with the Website we will ask you for certain personal information. Any personal information that you provide to us will be handled in accordance with our Privacy Policy.

If you register with the Website you may be required to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting [email protected] immediately.

If we have reason to believe that there is likely to be a breach of security or misuse of the Website through your account or the use of your password, we may require you to change your password or we may suspend your account. Until you have changed your password or we have reactivated your account you may not be able to access certain parts of the Website.

You agree that all personal information that you supply to us will be accurate, complete and kept up to date at all times. We may use the information provided to us to contact you in accordance with our Privacy Policy.

You may not have more than one registration with the Website. We reserve the right at our discretion to delete or cancel the registration of any person who in our opinion possesses more than one profile at any time.

We reserve the right to suspend or cancel any registration at any time where it is reasonable for us to do so, including where you are not in compliance with these Terms and Conditions of Use and Purchase.

3. Assessments

You will be able to use the Website to take a free Learning Behaviour Preference Assessment test (the “Assessment”). The results of the Assessment are automatically analysed and you will receive a result which will provide a description of Learning Behaviour Preferences. We may also record and use your answers and results for research purposes in accordance with our Privacy Policy.

4. Purchase of Digital Content and Services

We offer digital content and subscription services for purchase on the Website. They are provided as described there. We reserve the right to change the descriptions and Products offered from time to time.

Our Products are licensed, not sold, to you. They remain our property. The intellectual property rights (including copyright) in the Products remain with us and/or our authors/licensors as applicable. Our products may include digital rights management information and technology, which you agree not to tamper with or remove, and which is intended to deter or prevent misuse of our intellectual property.

Our e-books are in the PDF format and require an up-to-date PDF reader to be used for their intended purpose.

At the time you place any order for which payment is required you must give authority for payment. We may take payment from you at any time between you placing the order and us providing the services or you requesting access to the digital content.

Your order is an offer to purchase from us. There will be no contract of any kind between you and us unless and until we actually take payment from you, at which point we will email you with confirmation of the contract and acceptance of your order. At any point up until then, we may decline to supply the services or digital content to you without giving any reason. If we take payment and subsequently fail to provide the services or make the digital content available to you for any reason we will refund you in full.

The prices payable for the items that your order are clearly set out on the Website. If, by mistake, we have underpriced an item, we will not be liable to supply that item to you at the stated price provided that we notify you before we dispatch or make available the item concerned.

Payments are made through the Website electronically. When you pay by credit or debit card you consent to us carrying out certain checks which include obtaining authorization from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information with your bank or credit reference agencies if necessary.

For our subscription-based services, payments are due for any month or year on the same or closest date to the day you made your first payment.

We may change our fees at any time by posting new fees on our Website. If you object to the fee increase you have the right to cancel your use of the Website and the ongoing provision of Products from us within 30 days of the change by contacting us at [email protected]. We will refund any sums paid in advance or which relate to any cancelled Products. You will not be entitled to a refund in relation to Products you have already downloaded or otherwise accessed.

All prices shown are in English Pounds (£GBP), unless specified otherwise, and include VAT, where applicable.

Where after purchasing or otherwise downloading our Products you ask us to supply a replacement then unless you have a statutory right for us to replace the Product any replacement is at our discretion. In particular please note that our e-books are updated from time to time and replaced so in any event a replacement may not be available.

If you use are using our Products from a business account, please note our contract to provide services is between us and the business and we have no obligation to provide services to you personally nor are we responsible for or owe you a duty of care in relation to your use of said services – this is the responsibility of your associated business not us.

If you have any concerns or complaints you can contact us by email at [email protected]. However, please note we are not responsible for how your business uses the Products.

5. Refunds and Cancellation Policy

If you are not happy with any digital content (including any e-books) that you have purchased from the Website, we will offer you a refund within 30 days of purchase, subject to the provisions below.

For our subscription-based services, we will only be able to refund the last payment linked to your subscription. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account.

By requesting a refund, you certify that you have deleted all copies of digital content downloaded from or otherwise accessed on the Website, or sent to you by other means.

Gift codes and custom orders are non-refundable and non-exchangeable.

In order to obtain a refund, you must warrant to us that you have (i) not shared any copies of the relevant Premium Profile(-s) or any other premium content with any other person and (ii) deleted or destroyed all copies of these materials that you have in your possession.

Our Refunds and Cancellation Policy can be found here.

We reserve the right to refuse a refund if:

• You placed an order after having requested a refund in the past.
• Your payment is linked to chargeback or dispute attempts.
• We have strong reason to believe that you have shared our Products.
• You provide intentionally misleading information.
• This does not affect your statutory cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. These rights can be found in our Refunds and Cancellation Policy.

6. Licence to Use Website/Products

Unless otherwise stated, we or our licensors, own the intellectual property rights in the Website and material on the Website, including all Products, including but not limited to copyright and associated moral rights, trade marks, get-up, and unregistered rights, goodwill, know-how, software, database rights, and all other intellectual property rights. Subject to the licence below, all these intellectual property rights are exclusively reserved. Where the Products feature the intellectual property of third parties which we do not own this is clearly stated.

You may view, download for caching purposes only, and print pages from the Website or any Products for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

Without prior consent from us you must not:

• reproduce, translate or reverse engineer material from this Website (including republication on another Website or other reproduction or communication of our Products without consent);
• sell, rent or sub-license material or Products from the Website;
• communicate any material from the Website or Products to the public;
• reproduce, duplicate, copy or otherwise exploit material on our Website or Products for a commercial purpose;
• edit or otherwise modify any material on the Website or Products;
• redistribute material from this Website or Products except for content specifically and expressly made available for redistribution; or
• reproduce any intellectual property rights of third parties on our Website without the consent of those parties.

To the extent any of the restrictions or other terms in this clause (6) limit your express rights under the Copyright, Designs and Patents Act 1988 (as amended) (CDPA) in relation to fair dealing or other permitted uses of a copyright work then such restriction or term will not be enforceable if and to the extent the CDPA expressly states that such a restriction or term is unenforceable.

7. Acceptable Use

You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Website without our express written consent. You must not infringe the rights in any Products that are sold through the Website.

You must not use the Website to transmit or send unsolicited commercial communications.

You must not use the Website for any purposes related to marketing, excluding Product reviews, without our express written consent.

You must not use the Website or Products for any business-related assessments, including, but not limited to, pre-employment tests or employee evaluation.

You are solely responsible for any content that you publish on the Website or communicate to other users. You will not post on the Website, or transmit to other users:

• Anything inaccurate, defamatory, abusive, obscene, offensive, profane, sexually oriented, threatening, harassing, misleading, racially offensive or unlawful;
• Anything that promotes any false or misleading information to users;
• Anything which involves or encourages illegal activities; or
• Anything that solicits passwords or other confidential information.

You agree that you shall not:

Bully, intimidate, or harass any of the users of the Website.

Do anything to disable or impair the proper working of the Website.

Do anything to suggest, express or implied, that statements made by you are endorsed by us.

Impersonate any other person in any profile whether or not that other person is a user of the Website.

8. Notice and Takedown

We will make all reasonable efforts to identify and remove content that is defamatory or infringing on intellectual property rights when notified but cannot be responsible where you have failed to provide the relevant information.

In the event that you believe that any content on the Website is defamatory or infringing on intellectual property right you should notify us in writing by email to [email protected] including the following:

Your full name and contact details, including postal address, telephone number and email address;

• The exact URL at which the defamatory or infringing content appears;
• The content that you believe is defamatory or infringing on intellectual property rights;
• The reasons that you believe the content is defamatory or infringing on intellectual property rights;
• A statement confirming that you are authorised to act on behalf of the claimant or rights holders; and
• A signed declaration of truth in respect of the information in the notice.

Any statement made under this clause may be used in court proceedings.

9. Unsolicited Idea Submissions

We do not accept or consider unsolicited ideas, including but not limited to creative proposals, ideas for new, enhanced or improved products, technologies or services, marketing campaigns, promotions, processes, materials, artwork, plans, strategies, theories or product names. Please do not submit any unsolicited ideas, articles, original creative artwork, suggestions or other works in any form to us.

The sole purpose of this section is to simply avoid potential disputes when our products, website content or business strategies might seem similar to unsolicited ideas submitted to us. If, despite our request that you not send us any ideas or suggestions, you still choose to submit them, then regardless of what your letter, comment, email or any other form of communication says, you agree and understand that the following terms will apply to your submissions:

your submissions will automatically become our sole property, without any compensation to you, and we will have no obligation of any kind to you or anyone else with respect to your submissions;

we will be free to use or redistribute the submissions in any way and for any purpose, including but not limited to developing, acquiring or advertising products or services competitive with those mentioned by you;

there will be no obligation for us to review your submissions or develop your ideas;

no confidential relationship or obligation of secrecy will be created between you and us by your submission and its consideration by us – everything you submit shall be deemed to be non-confidential and non-proprietary. We shall be free to use any information you submit on an unrestricted basis, whether or not we were working on similar ideas, products or technology prior to receiving your submission.

We do welcome your feedback – if you want to send it to us, please email us at [email protected]. However, please do not include any ideas that this policy will not permit us to accept or consider.

10. Limited Assurances/Warranties

We do not make or give any assurance as to the completeness or accuracy of the information published on this Website or in any of the Products that we may sell to you nor do we commit to ensuring that the Website remains available or that the material on the website is kept up to date. The Website is provided on an ‘as is’ basis and we reserve the right to suspend the Website and our provision of any services at any time without notice.

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this Website and the use of this Website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill) other than those set out in these Website Terms of Use and Purchase. Where you use the Website or the Products you confirm that you are solely responsible for any actions or decisions made as a result of such use. We make no representations nor give any assurances as to the accuracy of any Product including personality assessments.

Nothing in this Website or our Products should be construed as medical, psychological, recruitment, business, or any other advice. All materials and Products are for informational purposes only.

Where the Website contains links to third party websites we make no representation in relation to the content contained on third party websites and you agree to use these websites at your own risk. We will not form part of any agreement or contract with any third party website you visit through our website.

11. Limitations and Exclusions of Liability

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Accordingly nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these terms of use or in relation to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control, including but not limited to industrial action, labor shortage, failure of our suppliers, natural disaster, transport disruption or failure, legislative or governmental intervention, or any other cause beyond our reasonable control (“Force Majeure”).

Our Products are not intended for and are not supplied for business use and you use our Products in any business, employment or recruitment context at your own risk. In particular, to the extent that you use our Products for business use we will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. We will not be liable for any commercial or human resources decisions made in connection with the use of our Products nor will we be liable for any liability in relation to employment disputes including but not limited to wrongful and unfair dismissal. We provide information and materials relating to behaviour preferences. This information cannot provide (and is not intended to provide) comprehensive coverage of the relevant issues. Our content should always be used in conjunction with other information, advice and training.

You should ensure that any decisions made or implemented by you after viewing our content or materials are made taking into account other factors (apart from the information we provide) of which you and your advisers should be aware including medical advice and you should ensure that you have consulted relevant professionals.

We will not be liable to you in respect of any emotional or mental distress or other harm in connection with using our Products except to the extent that such damage is caused by our negligence.

We will not be liable to you in respect of any loss or corruption of any data, database or software (but this does not affect your statutory rights).

We will not be liable to you in respect of any loss or damage which is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

Any decisions made or actions taken by you on the basis of information provided on or via the Website are at your sole discretion and risk. You should obtain professional advice where necessary.

The content published on the Website will include views and opinions submitted by users. We do not endorse any views or opinions made by the users of the Website.

In the event that you have a dispute with any other user arising from their use of the Website, you agree to pursue such claim or action independently of us, and you release us from all claims, liability and damages arising from any such dispute.

In the event that (notwithstanding the disclaimers and exclusions of liability in these terms) we have any liability to you under or in relation to these terms and/or your use of the Website and/or any Products then our liability shall in any calendar year be limited in aggregate for all claims to the amount paid by you under these terms in that year, to the fullest extent such a limitation is permitted by law.

12. Indemnity

You agree to fully compensate us in respect of any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us on a full indemnity basis arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

13. Breaches of These Terms of Use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

14. Severability

If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15. Exclusion of Third Party Rights

Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

16. Entire Agreement

Our policies constitute the entire agreement between you and us in relation to your use of the Website and supersede all previous agreements in respect of your use of the Website. Nothing in these terms shall operate to deprive you of your statutory rights.

17. Delay in Enforcing this Contract

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

18. Law and Legal Proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live outside the UK then we both agree to only take legal action against each other in the English courts. We may however protect our intellectual property rights (IPR) in any country.

19. Our Details

YALPOP is a trading name for ICE32 Limited.

We are registered in England and Wales under Companies House registration number 07046272.

Our registered address and place of business is Platinum House, 23 Hinton Road, Bournemouth, BH1 2EF, United Kingdom.

If you have any concerns or complaints you can contact us by email at [email protected].

20. Summary of Your Legal Rights

Also see Refunds and Cancellation Policy

We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Products. Nothing in these terms will affect your legal rights. For detailed information please visit the Citizens Advice website.

If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

• If your digital content is faulty, you’re entitled to a repair or a replacement.
• If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
• If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.

If your product is services, the Consumer Rights Act 2015 says:

• You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
• If you haven’t agreed on a price beforehand, what you’re asked to pay must be reasonable.
• If you haven’t agreed on a time beforehand, it must be carried out within a reasonable time.