“Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the “www.keyinstincts.com” website (the “Service”) operated by Key Instincts Ltd. (“us”, “we”, or “our”, “Company”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

If you and Company have executed a written agreement governing your access to and use of the Services, then the terms of such signed agreement will control to the extent that services agreement conflicts with these Terms.

1. Copyright

The content of the Services, including all text, images, tests, software, audio and video, links, as well as any such combination and/or compilation of the same (collectively referred to herein as “Materials”), is the property of Company and is protected by Canadian copyright laws. Neither the Services nor the Materials may be modified, reproduced, distributed, transmitted, publicly displayed, performed, or otherwise used, in whole or in part, without the prior written consent of Company. No use of Materials or the Services is allowed except as expressly stated herein. Some Materials may be copyrighted by Company’s suppliers, licensees and affiliates. Copyright law also applies to other companies’ advertisements or information presented in the Services.

2. Trademarks

“Key Instincts Ltd” (including the Company’s name, logos and Site name) are the trademarks of Company (collectively, the “Trademarks”), within the Canada. You may not display, make reference to or use the Trademarks, in any manner without prior written permission by Company. All other trademarks, service marks, product and service names and company names or logos that appear within the Services are the property of their respective owners. The use of Company Trademarks on any other website is not allowed. Company prohibits the use of Company Trademarks as a “hot” link on or to any other website unless establishment of such a link is approved in advance by Company.

3. Age of Users

The Services and information are not intended for use by children under 13 years of age. Parents and legal guardians may not agree to these Terms of Use on their children’s behalf. If Company becomes aware that a child under 13 has provided or attempted to provide Company with personal information, Company will use best efforts to remove the information permanently from our files. If you are between the age of 13 and 18 years old, you may use the Services but only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. If you are a parent or legal guardian agreeing to these Terms of Service for the benefit of a child between 13 and 18 years old, be advised that you are fully responsible for his or her use of the Services and any and all legal liability that he or she may incur.

4. Privacy

By using the Services, you signify your ongoing and continuing consent to the Company Privacy Policy (“Privacy Policy”). The Privacy Policy is incorporated into and form part of the Terms of Service. In the event of any inconsistency between the Terms of Service and the Privacy Policy, the Terms of Service shall prevail. Personal information, including any Self-Assessment Data (as defined below) that you supply to Company and any information about your use of the Services that Company obtains from you, will be processed in accordance with our Privacy Policy. In addition, Company email addresses and forms are provided solely for user queries relating to the Services. The capture of Company emails for use with unsolicited email is not permitted.

5. Assessment Data

Becoming a member to our Services requires you to take a series of self-assessment tests and provide information about yourself (collectively, “Assessment Data”). Any Assessment Data that you provide through the Services becomes a part of your user profile which may also be shared you’re
your associated organization(s), if any. If you share Assessment Data with an organization, other users within that organization will have access to your Assessment Data. Your Assessment Data will be displayed along with your profile to that organization. You and your organizations may also place your profile into teams or groups, and the users of such teams and groups will have access to your profile and Assessment Data. Our Service dashboard enables users to manage their information (e.g., keep their information up to date, re-take self-assessment tests if they choose, share information and results with others and delete information upon request). We are not responsible for the accuracy of your Assessment Data or any information that you post to your profile. We cannot prevent such information from being used by others in a manner that may violate this Terms of Service, Privacy Policy, the law or your personal privacy.

6. Illegal & Unpermitted Activities

  • This Services and its contents are solely for your own personal non-commercial use. You may not:
    Copy, transmit, publish, distribute, display or in any other way exploit our Trademarks, Services and/or Materials at any time in any manner;
  • Use the Services for any illegal, unauthorized or improper purpose;
  • Use the Services in a way that violates any applicable law or these Terms of Service;
  • Use the Services to modify or create derivative works of our Trademarks, Materials or Services, or any of each of their respective components;
  • Aggregate or collect any Materials to construct any kind of database;
  • Use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission;
  • Take any action that imposes, or may impose in Company’s sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • Use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or with any other person’s use of the Services; or
  • Bypass any measures Company may use to prevent or restrict access to the Services, or otherwise attempt to gain unauthorized access to any portion or feature of the Services, by hacking, password “mining” or any other illegitimate means.

7. Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate 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.

8. Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Key Instincts Ltd. and its licensors.

9. Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Key Instincts Ltd.

Key Instincts Ltd. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Key Instincts Ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

10. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of Canada without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

12. Changes

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 5 business days’ notice prior to any new terms taking effect. What constitutes a material change will 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.

13. Notice

You agree that Company may provide notice to you and other information concerning the Services electronically, including any notice to any email address supplied by you.

14. General Provisions

You agree to comply with all applicable laws and regulations. The terms and conditions set forth herein constitute the entire agreement between you and Company with respect to the use of the Services. The waiver by one party of any default of the other party shall not waive subsequent defaults of the same or different kind. If for any reason a court of competent jurisdiction finds any provision of this Terms of Service, or portion thereof, to be unenforceable, that provision of the agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Terms of Service will continue in full force and effect.

Contact Us

If you have any questions about these Terms, please contact us.