Terms for users of PeopleMaps.
Disclaimer

The PeopleMaps Profile report should be used only as a guideline for career assessment and development purposes. Inaccuracies in the descriptions may unavoidably be present, so any results should be correlated with other available information. Users are responsible for their own compliance with relevant laws and regulations.

PeopleMaps makes no warranties, expressed or implied about the fitness of the PeopleMaps Profile for any specific use. By using this product, user agrees to release PeopleMaps, and its agents and assigns from any liability for direct, indirect, or consequential damages that result from using the PeopleMaps Report and PeopleMaps shall be held harmless.

IMPORTANT LEGAL NOTICE AND DISCLAIMERS

PeopleMaps operate the following terms and conditions with their Clients. These refer to all aspects and interaction between PeopleMaps and their Clients. They form part of the Conditions of any proposal, offer, contract or provision of service from PeopleMaps and are wholly covered in all ways under English Law.

1. Scope – The following terms and conditions apply to all information, sales transactions and other forms of correspondence and interaction between PeopleMaps including the web site (http://www.PeopleMaps.com) and anyone who purchases items or uses information or services from this web site or interacts with PeopleMaps in any way. PeopleMaps does not accept responsibility for accuracy of content and all information including pricing and availability is given in good faith and PeopleMaps is herewith blameless for any discrepancies or subsequent changes following purchase of any package or service. Use of the web site and other information or products therein supplied by PeopleMaps and / or subsequent use of PeopleMaps’ or a third party’s products or services presumes the acceptance of all the following terms and conditions. These terms will apply to any transaction between the Client and PeopleMaps regardless of what else is said to the contrary in buyer’s terms and conditions unless specifically agreed modifications or other changes or terms apply between the two parties in the form of a signed and agreed declaration.

2. Orders – An “Order” for the purposes of these terms and conditions is any service or product offered for purchase and agreed to by the Client in return for payment. PeopleMaps reserve the right to refuse an order for whatever reason and will not progress an order or sale until the purchase is defined and agreed and ready to be delivered to the Client, as stated by PeopleMaps in initial correspondence covering such matters. When an order is agreed, confirmation will be forwarded by e-mail or by letter to the Client as proof of the order having been placed and agreed.

3. Orders Changes – Any change to an order, for example where an order may not be fulfilled in exactly the terms quoted or where a recommendation for a better package, will result in an alternative being offered to the Client via e-mail. No alternative purchase will be processed until an e-mail confirmation is received from the Client to PeopleMaps.

4. Liability for Delay – Any specific times and dates quoted are for guidance only. We accept no responsibility or liability and remain harmless for failure to deliver according to times specified. In all cases, whether a time has been quoted or not, the time for carrying out an activity shall be extended by a reasonable time if delay is caused by instructions, or lack of instructions, from the Client or by industrial dispute or by any cause whatsoever beyond our reasonable control.

5. Terms of Payment – The Client must ensure that adequate funds are available at time of order, time of delivery, or any agreed invoicing schedule and PeopleMaps reserve the right to refuse delivery on whatever basis and do not guarantee if there are inadequate funds or other discrepancy. Also PeopleMaps reserve the right to choose where to deliver products and services in progressing and delivering to the order. PeopleMaps reserve the right to charge for late payment at the rate of 5% per day outstanding. Payment may however be requested up front prior to delivery, particularly where the order is the first and the relationship is new.

6. Arbitration – If at any time, any question, dispute or difference whatsoever shall arise between the Client and PeopleMaps upon, in relation to, or in connection with a transaction or other interaction, either of us may give the other notice in writing of the existence of such a question, dispute, or difference, and the same shall be referred to the arbitration of a person to be mutually agreed upon, or failing agreement within 14 days of receipt of such notice, of some person appointed by the President for the time being of the Law Society of England.

7. Legal Construction – Unless otherwise agreed in writing, any correspondence entered into with the Client, products or services delivered, information provided or any other activities between the Client, PeopleMaps and third parties under these Terms and Conditions shall in all respects be construed and interpreted in conformity with and under English Law, regardless of Client origin, source or route of the enquiry or ultimate destination for deliverables or activities carried out on behalf of the Client and in implementing actions to promote the Client, its products or services, or organisation, in any way, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our site and these disclaimers, terms and conditions at any time.

8. Copyright and Rights – All content within the PeopleMaps web site and offered in support of activities is copyright and the property of PeopleMaps unless sourced elsewhere and identified as such. All rights are reserved on original material pertaining to the information offered for access. Property belonging to PeopleMaps includes any branding, graphical representations of PeopleMaps’ goods and services or any such device contained within this site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.

Additionally, all means of producing results in terms of activities undertaken to deliver the respective packages of services to the Client are wholly confidential and remain so at all times as they are the direct business methodologies and are the competitive advantages of PeopleMaps and will be defended at all times. PeopleMaps and its associated logos and other designations are devices owned and used by PeopleMaps and may not be reproduced or otherwise utilised without the specific authorization by PeopleMaps. Any linkages to the PeopleMaps web site at http://www.PeopleMaps.com or its sub-sites must only be through agreement and written authorization from PeopleMaps.

9. Guarantees and Deliverables – PeopleMaps makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products or services therein. To the fullest extent permissible by applicable law, PeopleMaps disclaims all warranties, express or implied, including but not limited to, implied warranties for a package of activities of fitness for a particular purpose or use, except where a particular warranty for promotional purposes or other reason by PeopleMaps in specific terms. PeopleMaps will not be liable for any damages arising from the use of this site for browsing, viewing information or conducting transactions, or any other use, including, but not limited to direct, indirect, incidental, punitive and consequential damages; nor for any damages that may arise from promoting the Clients interests in the form of Internet promotion from any quarter.

10. Use of the Site and Data acquired – Privacy Statement. All data acquired from visitors is received under consent. Guestbook and other such devices are only used to provide up to date information to interested “Clients” and other parties – i.e. regular visitors and those who have identified as visitors to the web site and have demonstrated that the site be of particular interest to them. At no time will PeopleMaps divulge profiled information to third parties and use of the e-mail information will only be in accordance with PeopleMaps’ operational policy to advise about new products or services or changes to the web site deliverables to those that have requested to be informed of such. At any time a prospect or Client decides that he or she would wish to be removed from the e-mailing list, it will be done as soon as possible upon receipt of a simple written e-mail request. Revised January 2002. “PeopleMaps”. http://www.PeopleMaps.com

11. Refunds – In order to claim your refund please explain why your PeopleMaps report did not live up to the claims made by PeopleMaps on the web site http://www.PeopleMaps.com or in promotional materials sent directly from PeopleMaps.

If you feel that this report is not a representation of you then please check the example page to make sure the questions have been answered correctly. Also ask others for feedback on the areas you are uncomfortable with. If you are still unhappy with your report, to claim your refund please raise a ticket from within your Members Area, whereupon you will be provided with a refund form to complete. This form must be submitted within three days of purchasing the report. Refund requests outside of this time period will not be accepted or eligible.

It can take up to 30 days from receipt of this request, to process your refund.

12. Data loss Where PeopleMaps makes every effort to ensure that any data you save to the PeopleMaps system is safe, we make no guarantees that it will be safe. Data may be damaged or lost and PeopleMaps takes no responsibility for this.

Terms and conditions for Affiliates Programme and Partners Operating Agreement

“PeopleMaps” refers to PeopleMaps Ltd or any site owned by PeopleMaps Ltd.

This Agreement contains the complete terms and conditions that apply to an individual’s or entity’s participation in the PeopleMaps Affiliates Programme (the “Programme”). As used in this Agreement, “we” (and “us” and “our”) means
PeopleMaps a UK corporation, and “you” (and “your”) means the applicant. “Site” means a World Wide Web site and, depending on the context, refers either to our site at http://www.Peoplemaps.com or to your site. Save for our obligation to pay referral fees under Section 4, which may be performed solely by us, we may cause any of our obligations under this Agreement to be fulfilled by any of our affiliates, including PeopleMaps, on our behalf.

1. Enrolment in the Programme
To begin the enrolment process, you need to apply using the appropriate form (see www.peoplemaps.com for details)
We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Programme. Unsuitable sites include, but are not limited to, those that:

1. promote sexually explicit materials
2. promote violence
3. promote discrimination based on race, sex, religion,
nationality, disability, sexual orientation, or age
4. promote illegal activities
5. breach intellectual property rights
6. include “Peoplemaps” or variations or misspellings thereof in their domain names

If we reject your application, you are welcome to reapply to the Programme at any time. You should also note that if we accept your application and your site is thereafter determined (at our sole discretion) to be unsuitable for the Programme, we may terminate this Agreement.

2. Links on Your Site
We grant you a revocable, non-exclusive, worldwide, royalty-free licence for the duration of the term of this Agreement, solely for purposes of facilitating referrals from your site to our site, to establish and maintain lists, links and search boxes as contemplated below:

Product Links: You may select the PeopleMaps Personality Profile Product only. This agreement does not include any other type of product or products located in any other part of our site or any products not fulfilled directly by us. Books, CDs and any tangible products they may appear on the www.peoplemaps.com web site are not covered by this agreement. For the Product, you will display on your site a short description, review, or other reference. You will be responsible for the content, style and placement of these references. Suggested graphics and descriptive texts will be made available to you ad you are recommended to use them. You will provide a special link (as defined below) from the Product reference on your site to the corresponding PeopleMaps.com entry. Each link will connect directly to a single item in the PeopleMaps.com online catalogue, using a special link format that we give you (a “special” link). You may add or delete Products (and related links) from your site at any time without our approval. You may not list Products on your site that are not “Products” as defined above. General Link to PeopleMaps.com Homepage: You may provide a general link on your site to our homepage http://www.Peoplemaps.com We will provide you with guidelines and graphical artwork to use in linking to the PeopleMaps.com homepage.

Except for the license granted under this Section 2, you do not obtain any rights under this Agreement in any intellectual property, including, without limitation, any intellectual property with respect to the Special Links, link formats, technical specifications, guidelines or graphical artwork referenced above, or with respect to the Peoplemaps.com domain name.

3. Order Processing
We will process Product orders placed by customers who follow Special Links from your site to the PeopleMaps.com site. We reserve the right to reject orders that do not comply with any requirements that we or PeopleMaps.com periodically may establish. We will be responsible for all aspects of order processing. Among other things, we will prepare order forms; process payments, cancellations and returns; and handle customer service. We will track sales made to customers who purchase Products using Special Links from your site to our site and will send you reports summarising this sales activity. The form, content and frequency of the reports may vary from time to time at our discretion. To permit accurate tracking, reporting and fee accrual, you must ensure that the Special Links between your site and our site are properly formatted. We will not be liable for paying referral fees on purchases that are not correctly tracked and reported because the links between your site and our site are not properly formatted.

4. Referral Fees
For a product sale to generate a referral fee, the customer must follow a Special Link (in the format specified by us) from your site to the PeopleMaps.com site; purchase the Product on the PeopleMaps.com site using our automated ordering system; accept delivery of the Product at the delivery destination and remit full payment to PeopleMaps.com. We will not, however, pay referral fees on any Products that are purchased after the customer has re-entered our site (other than through a special link from your site), even if the customer previously followed a link from your site to our site. Further, we will not pay referral fees on any Products purchased from any site operated by us or our affiliates other than the PeopleMaps.com site. In addition, Products listed in the PeopleMaps.com catalogue or in search results as “out of print”, “hard to find”, “special order” (or other words to similar effect indicating that a product is not readily available for delivery) are not eligible for any referral fees. Gift certificates are not eligible to earn referral fees.

The Programme is intended for commercial use only and you may not purchase Products through the Programme for your own use. In addition to any other rights we may have, such purchases may result (at our sole discretion) in (a) the withholding of referral fees and/or (b) the termination of this Agreement. You acknowledge that these remedies, while not exclusive, are a reasonable assessment of the damage we will suffer as a result of a breach of this clause by you. Products that are entitled to earn referral fees under the rules set forth above are hereinafter referred to as “Qualifying Products”.

In addition, you may not directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money or awarding of any benefits) for using Special Links on your site to access our site (eg: by implementing any “rewards” programme for persons or entities who use Special Links on your site to access our site). If we determine, in our sole discretion, that you have offered any person or entity any such consideration or incentive, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement.

5. Fee Payment
We will pay you referral fees (including VAT, if any, on presentation of a valid VAT invoice) on a monthly basis. Approximately 30 days following the end of each calendar month, we will send you payment for the referral fees earned on Qualifying Products that were dispatched during that month, less any taxes that we are required by law to withhold. However, if the fees payable to you for any calendar month are less than £50.00, we will hold those fees until the total amount due is at least £50.00 or (if earlier) until this Agreement is terminated. If a Product that generated a referral fee is returned by the customer, we will deduct the corresponding fee from your next quarterly payment. If there is no subsequent payment, we will send you an invoice for the fee.
Your referral fee / commission rate is determined by the system automatically depending on the sales activity you are responsible for via your coded links. Check your Control Room for details on the rate you are presently earning. Details on commission rates are provided on the PeopleMaps site. PeopleMaps may over-ride the system and allocate you a commission rate manually.

6. Policies and Pricing
For the avoidance of doubt, customers who buy Products through this Programme will be customers of PeopleMaps.com. Accordingly, all PeopleMaps.com rules, policies and operating procedures concerning customer orders, customer service and Product sales will apply to those customers. Such policies and operating procedures may be changed at any time. For example, PeopleMaps.com will determine the prices to be charged for Products sold under this Programme in accordance with its own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you already have listed on your site, you must not include price information in your Product descriptions.
PeopleMaps.com will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular Product.

7. Identifying Yourself as an Affiliate
We will make available to you a small graphic image that identifies your site as a PeopleMaps Partner. You must display this logo or the phrase “In association with PeopleMaps.com” somewhere on your site. We may modify the graphic image from time to time. In addition, we encourage (but do not require) you to include a link to the PeopleMaps.com homepage at http://www.PeopleMaps.com
You may not make any press release with respect to this Agreement or your participation in the Programme without our prior written consent, which may be given or withheld in our sole discretion. You may e-mail PeopleMaps.com if you wish to get written consent.

8. Limited License
We grant you a nonexclusive, revocable right to use the icon described in Section 11 and such other images for which we grant express permission, solely for the purpose of identifying your site as a Programme participant and to assist in generating Product sales. You may not modify the icon or any of our images in any way. We reserve all of our rights in the icon, any other images, our trade names and trademarks, and all other intellectual property rights. We may revoke your licence at any time by giving you written notice.

9. Responsibility for Your Site
You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for: the technical operation of your site and all related equipment; creating and posting Product descriptions on your site and linking those descriptions to the PeopleMaps.com catalogue using Special Links and special link formats provided by us; the accuracy and appropriateness of materials posted on your site (including, among other things, all Product-related materials) ensuring that materials posted on your site do not breach or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy or other personal or proprietary rights; ensuring that materials posted on your site are not defamatory or illegal. We and our affiliates disclaim all liability for these matters. Further, you will indemnify and hold us and our affiliates harmless from all claims, damages and expenses (including, without limitation, legal fees) relating to the development, operation, maintenance and contents of your site.

10. Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Programme application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales of Qualifying Products occurring during the term and fees earned up to the date of termination will remain payable only if the related orders are not cancelled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Upon termination of this Agreement, you must promptly return to us, or at our request, destroy any and all of our intellectual or proprietary property, information and/or materials in your possession and, subject to receiving written consent to the contrary from us, remove all hypertext links to our site from your site.

11. Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Programme rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAMME FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

12. Relationship of Parties
You and we are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties or our respective affiliates. You will have no authority to make or accept any offers or representations, guarantees or warranties on our or our affiliates’ behalf, including with respect to our or our affiliates Products or services. You will not make any statement or representation, whether on your site or otherwise, that you are connected or affiliated with us or our site other than for the purpose of referring users to our site as contemplated under this Agreement, or that otherwise reasonably would contradict anything in this Section.

13. Limitation of Liability
Neither we nor any of our affiliates will be liable for indirect, special or consequential damages (or any loss of revenue, profits or data) arising in connection with this Agreement or the Programme, even if we or any of our affiliates have been advised of the possibility of such damages. Further, to the fullest extent permitted by law, our and our affiliates’ collective aggregate liability arising with respect to this Agreement and the Programme will not exceed the total referral fees paid or payable to you under this Agreement at the time the act or omission giving rise to the liability occurred.

14. Disclaimers
To the fullest extent permitted by law, neither we nor any of our affiliates makes any express or implied warranties or representations with respect to the Programme or any Products sold through the Programme (including, without limitation, warranties of fitness, merchantability, non-infringement or any implied warranties arising out of a course of performance, dealing, or trade usage), and the same are hereby excluded. In addition, neither we nor any of our affiliates makes any representation that the operation of our site will be uninterrupted or error-free and none of us will be liable for the consequences of any interruptions or errors.
15. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE OR ANY OF OUR AFFILIATES MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAMME AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

16. Miscellaneous
This Agreement will be governed by the laws of England, without reference to rules governing choice of laws. You irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.