Terms & Conditions

User Agreement

LAST UPDATED: June 6, 2019

 

This website and any related websites (“the Website”) and the services available through the Website are operated by DiGo & Co, SIA, represented by HIGH5 brand name (“HIGH5,” Company,” “we,” “our,” and “us”). These Terms and Conditions constitute a legal agreement between you (“you,” “your,” “the user,” and “the customer”) and HIGH5. The Website allows you to participate in surveys and questionnaires designed to provide insight into your personal strengths (the “Services”).

 

Please read the Terms and Conditions carefully before you start to use the Website. By accessing and using the Website or any online account you create on our Website, you accept without modification all of the terms, conditions, and notices contained in these Terms and Conditions. If you do not agree to these Terms of Service or the HIGH5 Privacy Policy you must not access or use the Website. Accordingly, under the General Data Protection Regulation, or “GDPR,” users in the European Union (“EU”) acknowledge and consent to HIGH5’s processing of personal data by HIGH5 as necessary for the legitimate interest of performing our services to you.

 

Access to and Use of the HIGH5 Strengths Test.

You acknowledge and agree that the HIGH5 test, the immediate report of strengths provided upon completion of the test, as well as the more extensive reports (all three referred to as “HIGH5 Materials”) are intended to provide information only and are solely for your personal, non-commercial use.  You may not sublicense, transfer, or otherwise make available any of the HIGH5 Materials to any third party for commercial purposes without a corresponding agreement between you and HIGH5.  You may not modify any HIGH5 Materials without first obtaining written permission from HIGH5.

 

Intellectual Property.

The HIGH5 Materials are proprietary to HIGH5 and its third-party content providers are protected by intellectual property laws including, without limitation, copyright and trademark law.  You may not remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the HIGH5 Materials.  Except for the limited use rights granted to you in these Terms and Conditions, you shall not acquire any right, title or interest in the HIGH5 Materials.  Any rights not expressly granted in these Terms and Conditions are expressly reserved.

 

Disclaimer of Warranties.

The HIGH5 Materials are provided on an “as-is” basis without warranty of any kind.  Access to the HIGH5 test is provided on an “as available” basis solely for general information purposes.  HIGH5, and its employees, parent company, partners, successors, agents, content providers, affiliates, subsidiaries, and their related companies disclaim any and all warranties relating to the HIGH5 materials, whether express or implied including, without limitation, any (1) warranties of title, merchantability, fitness for a particular purpose, or non-infringement; and (2) warranties concerning the availability, accuracy, security, usefulness, or informational content in the HIGH5 materials.  We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. HIGH5 cannot guarantee and does not promise any specific results from use of the HIGH5 Materials.

 

Limitation or Liability.

In no event will the HIGH5 be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages arising from, relating to, or in any way connected the HIGH5 Materials, even if HIGH5 is aware or has been advised of the possibility of such damages.  Notwithstanding anything to the contrary contained herein, the HIGH5’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the greater of: (a) the amount paid, if any, by you to HIGH5 during the preceding twelve (12) month period preceding your claim; or (b) one hundred dollars ($100).

 

Termination of Access.

HIGH5 reserves the right to suspend or terminate your access to the HIGH5 Materials without prior notice or liability, provided that HIGH5 will refund any amounts paid by you for reports which you have not yet received.

 

Delivery & Refund Policy.

After placing your order for services on the Website, you will either be immediately given access to purchased services or you will receive an email with instructions, if the service requires additional actions from you. If you are given immediate access to services, your opening of HIGH5 Materials will constitute delivery to you of the item(s) you purchased. If you receive an email from us with instructions to access the services, the receipt by you of the email will constitute delivery by us to you of the item(s) you purchased. The full Delivery & Refund Policy is outlined here and hereby incorporated by reference into these Terms and Conditions. By agreeing to these Terms and Conditions, you are also agreeing to the Delivery & Refund Policy. In accessing and using the Website, you accept without modification all of the terms, conditions, and notices contained in the Delivery & Refund Policy.

 

Privacy Policy.

To use the services of HIGH5 you will be required to register to use the Website, which, as stated above, constitute the agreement to these Terms and Conditions. To set up an account, you will be required to provide information about yourself. It is up to you to decide the extent of the information provided. Additionally, data pertaining to your online transactions and usage may be collected, analyzed, and stored by HIGH5. HIGH5 agrees that it will only use and/or disclose your personal information in accordance with the terms of the HIGH5 Privacy Policy, which you read in full here. The Privacy Policy is hereby incorporated by reference into these Terms and Conditions. By agreeing to these Terms and Conditions, you are also agreeing to the Privacy Policy. In accessing and using the Website, you accept without modification all of the terms, conditions, and notices contained in the Privacy Policy.

 

Modification of Terms and Conditions.

HIGH5 may update or change the terms, conditions, and notices for the Website services from time to time in order to reflect changes in the services, changes in the law, or for other reasons as deemed necessary by HIGH5, in its sole discretion. Your continued access to or use of the Website after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Website shall be subject to these Terms and Conditions, as modified from time to time.

 

Other.

These Terms and Conditions constitute the entire agreement between you and HIGH5 regarding the HIGH5 Materials, superseding any prior agreements between you and HIGH5 relating to the HIGH5 Materials. The failure of HIGH5 to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms and Conditions is held invalid, the remainder of these Terms and Conditions shall continue in full force and effect.  You shall not assign these Terms and Conditions or assign any rights or delegate any of your obligations hereunder, in whole or in part, without the prior written consent of HIGH5.  Any such purported assignment or delegation by you without prior written consent of HIGH5 will be null and void and of no force and effect.  HIGH5 may assign these Terms and Conditions or any rights hereunder without your consent and without notice.

 

Contact.

If you have any questions about these Terms and Conditions or HIGH5 Materials please contact us at hello(at)high5test.com