General terms and conditions of sale

Updated July 25, 2024 at 8:00 a.m.

General

This website, hereinafter, the “Site”, is owned and operated by the company “ADS SMART LIMITED”, carrying out an activity of providing service, registered in Hong Kong under license number 76713308, and whose registered office is located: UNIT 1411, 14/F COSCO TOWER, 183 Queens' Road Central, Sheung Wan, hereinafter referred to as “We” or the “Company”.

The Site is hosted by OVH:

SAS with capital of €10,174,560
RCS Lille Métropole 424,761,419 00045
APE code 2620Z
N° VAT: FR 22 424 761 419
Headquarters social: 2 rue Kellermann - 59100 Roubaix - France.
President: Michel Paulin
OVH SAS is a subsidiary of the company OVH Groupe SA, company registered with the RCS of Lille under number 537 407 926 located 2, rue Kellermann, 59100 Roubaix.

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

THESE GENERAL AND CONDITIONS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS SITE, YOU ACCEPT AND ARE BOUND BY THESE GENERAL TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN SERVICES FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH ADS SMART LIMITED, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE'S CONTENTS, SERVICES BY APPLICABLE LAW.

These General Conditions are entered into by and between You and the Company. The applicable General Terms and Conditions are those in force on the date of creation of a personal account or of your subscribing to a Subscription (see below) by the Customer and/or the User.

These General Terms and Conditions, together with any documents they expressly incorporate by reference, establish the conditions of access to and use of the Services offered on this Site, to which the User adheres when creating a personal account on it.

Please read these General Terms and Conditions carefully before you start to use the Site and Services. By using the Site or by clicking to accept or agree to the General Terms and Conditions when this option is made available to you, you accept and agree to be bound and abide by these General Terms and Conditions and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these General Terms and Conditions or the Privacy Policy, you must not access or use the Site.

The Company reserves the right to update these General Terms and Conditions, in accordance with new legal or regulatory requirements and/or new business needs or interests, at any time, without notice to the User and/or Customer. All changes are effective immediately when we post them, and apply to all access to and use of the Site and Services thereafter. However, any changes to the dispute resolution provisions set out in Applicable Law and Competent Jurisdiction will not apply to any disputes for which you have actual notice before the date the change is posted on the Site.

Your continued use of the Site following the posting of revised General Terms and Conditions means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

If you have any questions regarding these General Terms and Conditions, you can contact our customer service: contact.

Definitions

- “Subscription”: designates the “IQ-MEASURE” subscription

- “Customer”: designates the User who has subscribed to a paid Subscription and having access to Free Services and Paid Services;

- “General Terms and Conditions”: refers to this contractual document accepted by Users and Customers.

- “Subscription Fees”: designates the price that the Customer will have to pay following the end of the Initial Trial Period;

- “We” / “Company”: refers to the company ADS SMART LIMITED as identified in the “General” section;

- “Initial trial period”: refers to the period of 48 hours lasting which the Customer benefits from a reduced rate and at the end of which they can cancel their Subscription;

- “Services”: refers to Paid Services and/or Free Services offered by the Company and detailed in the “Our Services” section of the these General Terms and Conditions;

- “Free Services”: refers to the services offered to Users in return for the creation of a personal account;

- “Paid Services”: refers to the services offered to Customers in consideration for subscribing to a Subscription;

- “Site”: refers to the website “www.iq-measure.com” operated by the Company ;

- “User”: designates the user of the Site who has created an account personal and having access only to Free Services, excluding Paid Services;

- “You”: designates the User and/or the Customer having accepted the Terms and conditions

- “Test(s)” means a series of questions within a maximum time limit intended to measure the candidate's IQ intelligence quotient in a manner recreational.

- “Visitor” designates an Internet user who is not a User and/or Customer

Accessing the Site and Account Security

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Site or the entire Site.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Site.
• Ensuring that all persons who access the Site through your internet connection are aware of these General Terms and Conditions and comply with them.

Our services

This Site offers its Users and Customers the following services, hereinafter referred to as the “Services”:

The Site primarily provides access to our Online IQ Tests exclusive, intended to measure the candidate's IQ intelligence quotient. Your use of the Site and your access to the Tests are at your discretion. available free of charge; however, once the Test is completed, We may offer You Paid Services, such as scoring of the Test, a certificate of success in our Test (IQ Certificate DATA in multi format) and training for our IQ Tests.
The Taking the Test and obtaining your strong point is free.

In addition, please note that the Company does not verify, control or modify in no case the documents created by the User and/or the Customer in order to ensure that the data provided is legal, truthful and updated, nor creates User and/or Customer profiles based on the documents You have created.

Account creation and access to our Services

The User and/or Customer certifies being of legal age in accordance with the laws and regulations of your country of birth or residence.

To create a personal account: By clicking on “I accept” You acknowledge having read and accepted our general terms and conditions of sale.

Following your creation of a personal account, the Company will acknowledge receipt automatically and will send you a confirmation email including a PDF version of the General Conditions in force on the date of subscription.

The account will be accessible using the login ID (The User and/or Customer must provide their email address, which will trigger the sending of an email containing a link allowing the User and/or the Customer to connect) chosen by the User and/or Customer at the time of registration. In the event of suspicion of fraudulent use of his identifier, the User and/or Customer must immediately inform the Company. The User and/or Customer is solely responsible for the use of its identifier by third parties, and as such guarantees the Company against any request and/or action based on use, whether fraudulent or not, of its identifier. To avoid fraudulent use of its identifier, the User and/or Customer undertakes to choose for his/her email address a password allowing a high level of security according to the standards and recommendations currently in force (8 characters, with uppercase, lowercase, numbers and special characters), which it refrains from communicating or sharing with third parties. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. The Visitor can browse and explore the content offered by this Website on pages that do not require you to become a User, without have the obligation to register or take out a Subscription.

This information will be sent to the email address You used for creating your personal account.

We also recommend that you check immediately after proceeded to create your personal account that our email did not have been redirected to the “Junk Mail” or “Spam” section of your email.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these General Terms and Conditions.

Furthermore, if the User wishes to use the services below, they must first create a personal account and then subscribe to the Subscription offered on our Website. Otherwise, the services indicated below will not be accessible to the User:

• Download your IQ DATA Certificate in PDF format.
• The result of your IQ Test (“the Test”).
• From training to our IQ Tests.

Consequently, in order to benefit from the services listed above, the User must pay the costs of the Subscription offered “IQ-MEASURE”.

For more information about how we process personal data, consult our Privacy Policy.

Subscription to a Paid Subscription

The price and payment of the Subscription to the Services offered on this Site and chosen by the Customer are governed by this section.

The Company reserves the right to update the price of the Subscription indicated below, at all times, to comply with its objectives sales, its strategy and its needs. The new prices will take immediately effective upon publication on this Site.

Subscription to a Subscription is made online by credit or debit card only in accordance with the payment instructions on the Site.

The following payment cards are accepted: CB, Visa & MasterCard.

The prices indicated on the Site and in these General Terms and Conditions are in dollars and exclude tax.

As explained in the previous section, if the User decides to download your IQ certificate, obtain your IQ result and carry out training on our IQ Tests, he/she must: create his/her account personal on this Site by agreeing to be bound by these General Terms and Conditions and select the Subscription to the services offered.

The “IQ-MEASURE” Subscription includes the price of the Initial Trial Period and Subscription Fees. Subscription Fees will be applied automatically, unless the Customer cancels their subscription during the Initial Trial Period.

The terms of the Initial Trial Period and the “IQ-MEASURE” Subscription are as follows:

The Initial 48 hour trial period is priced at $0,90. Failing for the Customer to terminate their “IQ-MEASURE” Subscription within 48 hours of the receipt by the Customer of the payment confirmation email, a monthly subscription of 48,70€ (Subscription fees) shall apply.

When paying as well as for each renewal, the mention “ iq-measure ” will appear on your bank statement.

Consequently, in order to benefit from the Services listed above, the Customer must pay for a Subscription:

“IQ-MEASURE” You have access to: Test, Your strong point, Download of your “IQ DATA Certificate”, Obtaining your IQ result, IQ practice test.

If You do not receive the email above, We recommend that You check that our email has not been redirected to the “Mail” section Unwanted” or “Spam” of your email indicate in your registration.

In this regard, please note that if You wish to avoid paying Subscription Fees, You must cancel your Subscription before the end of the Initial Trial Period.

Subscription Fees” will be automatically collected using the same method payment method than that used to pay for the Initial Trial Period.

Credit cards may be subject to controls and authorizations by the issuing bank. If your bank does not authorize payment, the Company will not provide the Paid Services and will not be under any circumstances liable for failure to provide Paid Services.

The Customer must keep their payment information up to date as well. long as they wish to continue to access our Paid Services. In otherwise, We reserve the right to terminate the Subscription chosen by the Customer as well as their private account without notice. Services will then immediately cease to be accessible to the Customer. If your card has been blocked, refused or expired, We will not be able to process your payment and, therefore, our Paid Services will not be provided. If You have any payment issues, please contact your bank.

You represent and warrant that (i) the credit or debit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit or debit card for the purchase, (iii) charges incurred by you will be honored by your credit or debit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

Depending on the origin of the Customer's transactions, the payment method used and of the origin of the payment method, the transaction may be subject to additional costs related to exchange commissions. The Company will not be not held responsible for possible exchange commissions or additional costs and will not grant compensation or reimbursement for additional fees imposed by your bank or card issuer. Credit or debit cards are the only forms of payment accepted.

Prices and Payment Terms.

All prices posted on this Site are subject to change without notice. The price charged for a service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes. All such taxes and charges will be added to your services total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

Termination of Subscription

 “IQ-MEASURE” Subscriptions are active from the date of their validation and until the unsubscribe request terminating the subscription is received by the Company.

Subscription with Initial Trial Period: the contract is concluded for the duration of the Trial Period initial. During this period, the Customer may cancel the order up to the end of its Initial Trial Period. In the absence of termination during this period, the contract will continue on a month to month basis according to the terms and conditions provided for in the “Subscription to a Paid Subscription” section.

Subscription to a month to month Subscription: the contract is concluded from the time of ordering, until termination thereof by the Customer or the Company. In the absence of termination, the monthly price of the Services will be due each month on the anniversary date of ordering the subscription.

The Customer can terminate the contract from their account on the Site by clicking on the “My account” section then “Delete” in the “offer” box. Termination will be taken into account instantly upon termination of their then-current subscription and the Customer may continue to benefit from the Paid Services until the end of the last paid month of their Subscription.

Any Subscription started is due and Customer will not be able to claim any refund.

In the event that the Company would not be able to collect the amount due and/or in the event that the Customer does not pay on the due date, an e-mail is sent to the Customer inviting them to update their contact details bank accounts within 30 days, failing what the Subscription shall automatically terminate.

To terminate your Subscription or, simply, to delete your personal account, You can write to us by e-mail on the “Contact Us” page by verifying the email address attached to the personal account to be deleted and/or to the Subscription to be canceled. You can also cancel your Subscription in your customer area, by clicking on “My account” and “Delete” in the “offer” box.

If applicable, Your Subscription will be considered terminated and your credit or debit card will no longer be debited from that moment on. You will no longer benefit from the Services.

An email confirming the end of your subscription will be sent to you at the email address used to create your personal space

French residents: Right of withdrawal

In accordance with article L.221-18 of the Consumer Code (the “Code”), the consumer has a period of fourteen (14) days to exercise their right of withdrawal from a contract concluded remotely, without having to give reasons for their decision nor having to bear costs other than those provided for in articles L. 221-23 to L. 221-25 of the Code.

The period mentioned in the first paragraph runs from the day of conclusion of the contract, for contracts for the provision of services and those mentioned in article L. 221-4 relating to the provision of digital content, independently of any material support.

However, and in accordance with articles L221-25 and L. 221-28-1° of the Code, the Customer acknowledges that by subscribing to the Subscription, they agree to pay and for the Services to begin to be performed upon payment for the Subscription, before the expiration of the withdrawal period. Consequently, the Customer acknowledges and expressly accepts that they will not have the right of withdrawal.

Other European residents:

According to DIRECTIVE 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2011 article 16 m), Exceptions to the right of withdrawal: “The Member States do not provide for the right of withdrawal set out in the Articles 9 to 15 regarding distance contracts and contracts outside establishment with regard to the following: (…) m) the provision of digital content not provided on a physical medium if the execution has started with the express prior consent of the consumer, who also recognized that he will thus lose his right of withdrawal. »

Given the fact that the Services are instantly provided online and that You waive your right of withdrawal upon payment, your legal right of withdrawal will no longer be applicable in accordance with the terms of article L.221-28-1° of the Consumer Code and DIRECTIVE 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of October 25, 201 Article 16m).

Payment security

Payments made on the Site are completely secure. The details of your payment card communicated during your subscription to a Subscription never pass unencrypted on the network: they are encrypted using the SSL v3 (Secure Socket Layer) protocol 256 bits.

Disclaimer

The Company will not be held responsible for the following circumstances, these beyond our reasonable control:

• The Company will not be held responsible for updating, the accuracy, veracity or legality of the information contained in any document created by the User and/or the Customer, or used on the Website and, where applicable, shared with third parties.
• The Company will not be held responsible for the quality, accuracy, reliability, sincerity, integrity or availability documents created by the User and/or the Customer.
• Access to this information and/or documents by authorized third parties by the User and/or the Customer will be the entire responsibility of the User and/or the Customer. In this regard, the Company, its business partners and/or its service providers will under no circumstances be held responsible.
• Please note that You must be the legitimate holder of the debit/credit card used to make payment. Therefore, the Company will not be held responsible if You are not the legitimate cardholder, this circumstance being beyond our reasonable control. However, the Company will provide, where applicable, such cooperation as necessary for the Customer and/or applicable authorities in the detection and/or investigation of fraudulent transactions linked to the debit/credit card used to make payment of Offered services.
• Although the Company has implemented security protocols appropriate internal systems to deal with fraudulent use of modes payment, it will in no case be responsible for the absence of measures security related to the possession of the Customer's credit/debit card and security keys and/or passwords, these circumstances exceeding our reasonable control. We will not take responsibility for any fraudulent use but will do our best to prevent such situation

THE SITE AND THE TESTS ARE AVAILABLE ONLY FOR PURPOSES OF ENTERTAINMENT WITHOUT EXEMPTION FROM THE ABOVE.

It is specified that:

• the Site cannot and does not contain advice and/or professional opinions on the products/services. The Test is not a professional diagnostic tool, analysis or consultation.
• The Services are provided for entertainment purposes and for education only and are not a substitute for professional advice.
• Test results and our certificates are provided “as is” without any warranty, express or implied, of any kind
• Any certificate issued by Us only certifies the completion of the Test applicable and does not generally constitute certification accepted, standardized or professional and attests to any characterization or qualification of the examined.

We do not warrant the accuracy, completeness, or usefulness of any information presented on or through the Site. 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 Site, or by anyone who may be informed of any of its contents.

Therefore, before making any decisions based on your scores, We encourage You to consult the appropriate professionals. We do not provide professional advice relating to testing or test results. The User is solely responsible for the use that it makes information from our Services, as well as consequences of this use.

Likewise, please note that the Company will not be held responsible if:

• You provide Us with the personal data of third parties without their explicit consent, in particular when You create an “IQ Certificate DATA” on behalf of a third party.
• You provide Us with the personal data of a minor and You are not their parent and/or legal guardian and/or You do not have obtained permission from their parents or legal guardians to provide us the personal data of the minor.
• You are a minor and You have indicated and/or provided your data personal information to our Company or have communicated them to a third party without have obtained explicit, written consent from your parents or guardians legal.

U.S. residents:  

The User and/or Customer will be held responsible by the Company and/or the corresponding third parties for any damage caused by breach of its obligations and/or commitments established herein Terms and conditions.

The Company is not supplying goods, the French legal guarantees of conformity and hidden defects therefore do not apply.

Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by HONG KONG and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These General Terms and Conditions permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

• Modify copies of any materials from this Site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.

You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these General Terms and Conditions, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these General Terms and Conditions is a breach of these General Terms and Conditions and may violate copyright, trademark, and other laws.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these General Terms and Conditions. You agree not to use the Site:

• In any way that violates any applicable U.S. federal, state, local; Canadian federal, provincial; or any international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards [LINK TO CONTENT STANDARDS] set out in these General Terms and Conditions.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses [or screen names] associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these General Terms and Conditions, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.

User Contributions

The Site may at this time or in the future contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Site.

All User Contributions must comply with the Content Standards set out in these General Terms and Conditions.

Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and] our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these General Terms and Conditions.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these General Terms and Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable U.S. federal, state, local, Canadian federal, provincial, and any international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these General Terms and Conditions and our Privacy Policy at https://www.iq-measure.com/privacy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Protection of your personal data

As part of the use of the Site and the Services, the Company may be required to collect and use personal data about You. The terms and conditions governing the processing of your data are described in our Privacy Policy at https://www.iq-measure.com/privacy

Applicable law and competent jurisdiction

European Residents

These General Terms and Conditions are governed and interpreted in accordance with French law.

In the event of controversy or litigation between a Customer or User and the Company pursuant to or in connection with these General Terms and Conditions, both parties agree to submit their resolution to the competent courts and tribunals of the Customer's or User's place of residence.

US and Canadian Residents

Dispute Resolution and Binding Arbitration.

ALL MATTERS RELATING TO THE SITE, THE SERVICES AND THESE GENERAL TERMS AND CONDITIONS, AND ANY DISPUTE OR CLAIM ARISING THEREFROM OR RELATED THERETO (IN EACH CASE, INCLUDING NON-CONTRACTUAL DISPUTES OR CLAIMS), SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF HONG KONG WITHOUT GIVING EFFECT TO ANY CHOICE OR CONFLICT OF LAW PROVISION OR RULE (WHETHER OF THE HONG KONG OR ANY OTHER JURISDICTION).

ANY LEGAL SUIT, ACTION, OR PROCEEDING ARISING OUT OF, OR RELATED TO, THESE GENERAL TERMS AND CONDITIONS OR THE SITE AND/OR SERVICES SHALL BE INSTITUTED EXCLUSIVELY IN THE COURTS OF THE HONG KONG, IN EACH CASE LOCATED IN THE HONG KONG, ALTHOUGH WE RETAIN THE RIGHT TO BRING ANY SUIT, ACTION, OR PROCEEDING AGAINST YOU FOR BREACH OF THESE GENERAL TERMS AND CONDITIONS IN YOUR U.S. STATE AND/OR CANADIAN PROVINCE OF RESIDENCE (AS APPLICABLE). YOU WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS AND TO VENUE IN SUCH COURTS.

AT THE COMPANY'S SOLE DISCRETION, IT MAY REQUIRE YOU TO SUBMIT ANY DISPUTES ARISING FROM THESE GENERAL TERMS AND CONDITIONS OR USE OF THE SITE OR SERVICES, INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING THE LAWS OF THE HONG KONG.

YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR ADS SMART LIMITED WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. 

US and Canadian Residents: Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

OUR LIABILITY UNDER THESE GENERAL TERMS AND CONDITIONS OR OTHERWISE IN CONNECTION WITH THE SALE AND DELIVERY OF OUR SERVICES WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these General Terms and Conditions or your use of the Site, including, but not limited to, your User Contributions, any use of the Site's content, services, and products other than as expressly authorized in these General Terms and Conditions, or your use of any information obtained from the Site.

Miscellaneous

The total or partial invalidity, illegality, or unenforceability of any provision of these General Terms and Conditions will in no way affect the validity or enforceability of others provisions.

The non-exercise by the Company or the User and/or Customer of any right granted or derived from these General Terms and Conditions shall in no case be interpreted as a waiver of this right, unless expressly waived and written by our Company or legal prescription / statute of limitation of the action which corresponds in all cases according to the application of the legislation in force.

After-sales service

You can contact our customer service: contact.

Please note that we handle each question/email carefully individual, in order to respond to you as quickly as possible and, in all case, within the time limits provided for by applicable laws and regulations.

Entire Agreement.

Our order confirmation, these General Terms, and Conditions, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these General Terms and Conditions.