Terms & Conditions

Last update made on : March 30, 2023

INFINIWAVE LIMITED

77, LOWER CAMDEN STREET, DUBLIN D02 XE80

These General Terms and Conditions of Sale (hereinafter referred to as the "Conditions") apply without restriction or reservation to the sale of Site Services. https://psality.com/ (hereinafter the "Site") and define the rights and obligations of Infiniwave Limited (hereinafter the "Seller" or "Infiniwave Limited") and the Customer (hereinafter the "Customer"). The Conditions may be consulted on the Site and/or made available to any User.

All Customers and Users acknowledge and accept that any order placed for the Vendor's Services implies unreserved acceptance of the Conditions. They acknowledge having read the Conditions before placing any order. The current version of the Conditions is the only one opposable to Customers and Users of the Site:

During the period of use of the Site and until a new version replaces it, Infiniwave Limited reserves the right to modify these Conditions at any time without notifying Users and Customers in advance, but the applicable Conditions are those online at the time the Order is placed.

The Conditions shall prevail over any other document issued by Infiniwave Limited or any other General Conditions of Purchase in respect of any subscription to the Seller's Products and Services. The Seller reserves the right to deviate from certain clauses herein or to establish Special Conditions.

These Conditions came into force on March 30, 2023.

In these Conditions, the following terms shall have the following meanings :

"Subscription means the subscription package subscribed to by the Customer on the Site and providing the associated services;

"Customer Consumer: designated in accordance with the provisions of the introductory article of the Consumer Rights Act 2022, a person acting for purposes wholly or mainly unrelated to his trade, business, craft or profession;

"Customer account (i) consult invoices, (ii) modify personal information, (iii) consult test results;

"CGV or "Conditions means these terms and conditions of sale;

"Ordering means any order placed by a Customer on the Site;

"Services designates the services sold by the Site;

"Site refers to the Site https://psality.com/ operated by the Vendor and made available to the User;

"Awards means the price applicable to the Subscription communicated to Customers via the Site before the order is validated;

"User means any user of the Site.

Under the above terms, the Customer, the User and the Seller may be referred to individually as the "Party" and collectively as the "Parties".

2.1 Preliminary provisions

The services that may be ordered by the Customer are those presented and detailed on the Site. The Services are described and presented as accurately as possible. However, the Vendor cannot be held liable for any errors or omissions in this presentation. The photographs accompanying the presentation of the Services are not contractual and do not engage the responsibility of the Vendor.

2.2 Pre-contractual information

The Customer acknowledges having received, prior to placing the order and entering into the contract, in a legible and comprehensible manner, these general terms and conditions of sale as well as all the information listed in Annex 3 of the Consumer Rights Act 2022.

The following information is provided to the customer in a clear and comprehensible manner:

• The main characteristics of goods, digital content, digital services or services,
• The clear price of goods, digital content, digital services or services,
• In the case of a contract containing a subscription, the cost for the billing period.

2.3 Services and products

The Customer may acquire several Products via the Site, the list and characteristics of which are presented on the Site for consultation by the Customer.

The Site allows Users to take personality tests. The test can be taken by creating a customer account or in "guest" mode.

After completing the questionnaire, the Customer is required to pay for the service in order to receive the results.

After payment, the result of the Personality Test is sent by e-mail to the Customer.

The customer must be particularly careful when completing the personality questionnaire. No new report or report modification will be authorized in the event of truncated, erroneous or missing answers.

2.4 Subscription

By placing an order for a Personality Test (article 2.3), the Customer automatically takes out a subscription for the Site's Services (hereinafter, the "Subscription") enabling him to perform as many Personality Tests as he wishes. All test results are sent by e-mail and are available in the Customer Account.

The Subscription is valid for one Customer only. All Customers are prohibited from providing their access codes or account to a third party. Any contravention by a Customer of this provision will result in the Customer being held liable and may give rise to the immediate termination of the Customer's Subscription without prior notice and the end of access to the Site, as well as the payment of compensation to the Vendor.

As soon as the account is created - after ordering the first Personality Test - the Subscription is launched after the first 24-hour trial period. The customer therefore has 24 hours to prevent the Subscription from being launched and to unsubscribe. After this period, the Subscription will be automatically set up.

Subscriptions are concluded for a period of one (1) month and are automatically renewable from month to month. Customers wishing to unsubscribe may do so at any time by clicking on the "Unsubscribe" tab to cancel their Subscription. The Subscription will end at the end of the month, any month started being due.

2.5 Creating a customer account

In order to place an order for the Site's Services, the User may create a customer account or place an order in "Guest" mode. However, once the Customer has ordered the results of his/her Personality Test, a customer account is automatically created for him/her on the Site.

For the creation of his account, he will be asked to define a login and a password. The Customer is solely responsible for the security and confidentiality of its login credentials and must notify INFINIWAVE LIMITED without delay in the event of loss or theft of the Customer's credentials leading to fraudulent use of its personal account.

If the Customer wishes to modify his/her login details or suspects fraudulent use, he/she must contact the Vendor's customer service without delay by sending an e-mail to the following address contact.psality@gmail.com.

Access codes are for personal use only. The Vendor may not be held liable in the event of loss or theft of the Customer's access codes or fraudulent use of the Customer's account.

To place an order on the Site, the User must follow the steps below:

3.1 Ordering a Personality Test

See terms described in article 2.

3.2 Contact details

The Customer must then indicate his/her surname, first name and the e-mail address to which he/she wishes to receive his/her Test. The Customer must indicate whether he/she wishes to receive communications from the Vendor by ticking the appropriate box.

3.3 Payment of the price

The Seller may apply discounts and promotions on Services and Products. The final price displayed is the price after deduction of any discounts and promotions. Discounts and promotions cannot be combined and are applicable only once per Customer.

3.4 Validation

Before proceeding to payment, the Customer must accept the applicable General Terms and Conditions of Sale by ticking the box provided for this purpose, as well as the waiver of the right of withdrawal concerning the Personality Test. This validation implies acceptance of all the General Terms and Conditions of Sale. Any order placed by the Customer implies acceptance of the prices and descriptions of the Services purchased. Following payment, the sales contract is concluded between the Customer and the Vendor.

The Seller reserves the right to suspend any order management and any Service in the event of refusal of payment authorisation by officially accredited payment organisations or in the event of non-payment of the order or of a monthly payment of a Subscription.

5.1 Prices

The Vendor reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time the order is placed, subject to availability on that date.

5.2 Payment incidents

The Customer is hereby informed that any delay in payment of all or part of an amount due on its due date shall automatically entail the acceleration of all amounts due by the Customer and its immediate payment.

In addition, any late payment of invoices, from the day following their due date, will automatically result in the application of late payment penalties calculated on the unpaid amount excluding taxes, and equal to at least three times the legal interest rate in force. They are payable automatically and without notice.

In addition, for Business Customers, in accordance with European Directive 2011/7/EU, in the event of late or non-payment, the Seller is entitled to compensation for costs incurred due to late payment, plus additional collection costs of €40.00.

Infiniwave Limited may automatically suspend all outstanding orders, whatever their nature and stage of progress, in the event of late payment by the Customer. Such suspension shall not be deemed a termination of the Contract by the Seller, nor shall it give rise to any right of compensation for the Customer.

5.3 Cancellation and modification of orders

No order, once placed, may be modified or cancelled once it has been paid for, except in the event of exercise of the right of withdrawal (Article 6) and cancellation of the Subscription (Article 2.4).

6.1 Provisions applicable to the Personality Test

In accordance with Article 111 of Chapter 5 of the Consumer Rights Act 2022, the right of withdrawal does not apply to:

a) A service contract, where the service has been fully provided and the provision of the service has commenced with the prior consent and acknowledgement of the consumer that he will lose the right of cancellation once the service has been fully provided by the trader [...].

c) A contract by which the merchant provides or undertakes to provide a digital service to the consumer and by which the consumer pays or undertakes to pay the price of the digital service, where - the consumer pays or undertakes to pay the price of the digital service.

i. the digital service has been fully provided, and ii. the provision of the digital service has commenced with the prior consent and acknowledgement of the consumer that he will lose the right of cancellation once the digital service has been fully provided."

By placing an order on the Site for the Personality Test, the Customer is therefore informed of this provision. He acknowledges that he has been informed that, from the moment the order is paid for, the Customer accepts that the Service is initiated by the Vendor, that he will have access to the digital content provided by the Vendor (the result of the Personality Test) and that, consequently, the Customer waives the right to exercise his right of withdrawal.

6.2 Provisions applicable to the Subscription

In accordance with Section 113.2, the Customer has a period of fourteen days to exercise his right of withdrawal from a digital service contract without having to justify his decision or bear any costs other than those provided for in Section 112.2.d.

However, as soon as the Customer has performed at least one (1) Personality Test as part of his/her Subscription (in addition to the initial Personality Test), he/she waives the right to exercise his/her right of withdrawal.

Where the right of withdrawal is applicable, the Customer has a period of fourteen (14) days from receipt of his right of withdrawal, for whatever reason, to obtain reimbursement of his order. The Customer will be reimbursed for the sums paid by bank transfer to his/her credit card within fourteen (14) days of receipt of his/her request to exercise his/her right of withdrawal.

To exercise his right of withdrawal, the Customer must send an e-mail using the form below:

[Complete and return this form only if you wish to cancel the contract].

At [here the merchant's name, geographical address and e-mail address must be inserted by the merchant]:

I/We [] hereby notify [] hereby my/our [] withdrawal from the contract for the sale of the following goods [ ].]/for the following service [*],

Ordered on []/received on [],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) [only if this form is submitted on paper],

Date

7.1 General provisions

The Customer guarantees that the information provided when placing an order or subscribing to a service is up-to-date and truthful. The Customer also guarantees that he/she is a natural person of legal age and capable of entering into a contract. The Customer is solely responsible for the accuracy of the information provided in his/her personal space. In this respect, he/she undertakes to update the information if necessary.

The Vendor may not be held liable in the event of inaccurate, incorrect or missing data having a direct or indirect impact on the performance of the Service by the Parties.

In providing the Services, the Vendor cannot be held responsible for any interruption related to the terms described in articles 4 to 8 of the General Conditions of Use.

7.2 Disclaimer of liability

The Customer is specifically informed that Personality Tests are not an exact science and cannot be associated with hard science or psychoanalysis. By placing an order on the Site, the Customer therefore acknowledges that the information communicated in his or her Personality Test result is given for information purposes only and does not constitute perfectly reliable information on which the Customer may rely entirely in order to make certain decisions.

Furthermore, the Customer assumes full responsibility for any decision taken solely on the basis of the information contained in the Personality Tests. As the information provided by the Vendor cannot be assimilated to psychoanalytical advice, it is the Customer's responsibility to complete and/or verify the information contained in his/her test with professionals.

The Vendor cannot be held liable for any consequences resulting from a decision taken by a Customer based exclusively on his or her Personality Test.

The Vendor's obligations with regard to the protection of the Customer's personal data are described in the tab " Privacy Policy "on the Site.

The Vendor shall not be held liable for any delay or failure in the performance of its Services if such delay or failure is due to the occurrence of an event beyond its control or to force majeure, which could not reasonably have been foreseen at the time the order was placed and the effects of which cannot be avoided by appropriate measures.

In the event of the occurrence of such a case of force majeure, the performance of the General Terms and Conditions of Sale will be suspended until the disappearance, extinction or cessation of the case of force majeure.

However, if the case of force majeure persists beyond a period of thirty (30) days, the Parties must meet to discuss a possible modification of the order.

The deadlines stipulated in these GTC will be automatically postponed depending on the duration of the force majeure event.

10.1 Settlement of disputes

These Terms and Conditions and the transactions arising from them are governed by Irish law.

The parties undertake to seek an amicable solution to any dispute arising from the interpretation or performance of the present contract. In this respect, the party wishing to initiate the amicable conciliation procedure must notify the other party, by registered letter with acknowledgement of receipt, of its intention to initiate the said procedure, specifying any difficulties of application encountered or shortcomings noted.

This amicable settlement procedure is a mandatory prerequisite to the institution of legal proceedings between the Parties. Any legal action brought in breach of this clause will be declared inadmissible.

If the parties fail to reach an amicable agreement within thirty (30) calendar days of the first notification, each of them will regain full freedom of action.

In the event of failure to reach an amicable resolution despite the efforts made, any dispute relating to the performance, interpretation, validity and resolution of the Conditions shall be submitted to the competent courts within the jurisdiction of the Court of Appeal of the Vendor's registered office.

10.2 Mediation

The European Commission has set up an online dispute resolution platform for the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. The Commission can be accessed at the following address: https://webgate.ec.europa.eu/odr/ .

This procedure is free of charge. The customer may, at his own expense, be assisted by counsel of his choice.

Separability : If one or more articles of these General Terms and Conditions of Sale are deemed invalid or declared void by virtue of a law or regulation, or following a court decision authorizing res judicata, this shall not affect the other clauses of the General Terms and Conditions of Sale.

Non-renunciation : The fact that one Party has not exercised a breach by the other Party of one of the obligations referred to in these General Terms and Conditions of Sale shall not be interpreted for the future as a waiver of the obligation in question.

Partial nullity : In the event of a contradiction between any provision of the General Terms and Conditions of Sale and any present or future statute, law, ordinance, regulation, court decision or collective agreement, the latter shall prevail, provided that the provision hereof so affected shall be limited only to the extent necessary to ensure that other provisions are not affected.

Language of the Terms and Conditions : These General Terms and Conditions of Sale and the transactions arising from them are governed by Irish law. They are written in English and in the event of translation into one or more languages, only the English text will prevail in the event of a dispute.