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Terms and Conditions

Date: 2016-JAN-09

Content

MOLLYMAWK psychometrics authorizes you to view the website information without any restriction. The download of material such as documents is provided for your personal, noncommercial use only. Any website content provided by MOLLYMAWK psychometrics is intellectual property of MOLLYMAWK psychometrics and protected by copyright under German and foreign laws. Unauthorized use of any information or material may violate copyright, trademark and other laws.

Registration

As registered user, you have the right to purchase test packages. 

Services

MOLLYMAWK psychometrics offers an opportunity to sit for an exam and acquire respective electronic test certificates for specified psychological constructs such as certain aspects of knowledge, aptitudes or personality. Furthermore MOLLYMAWK offers a limited number of training tests including a comprehensive feedback to optimize preparation for the certificate tests. These training options are a free service for customers who order abovementioned opportunity to sit for an exam. Unlike the exam, the training options are not a warranted element of the service but an optional and gratuitous add on to the offered examinations.
The exact number of training tests and certificate tests is specified in the test package description available on the MOLLYMAWK website. The training tests may be conducted at any place that has a stable broadband internet connection and passes the MOLLYMAWK system check routine. Since there are a variety of other factors that affect the accessibility and quality of the training runs MOLLYMAWK psychometrics disclaims any responsibility for the availability of the training tests.
The certificate tests have to be conducted at a MOLLYMAWK TestCenter. There may be a limitation for the maximum time span between the ordering of a test package and the latest possible conduction of the included certificate tests. This limitation is specified in the test package description.

Conclusion of contract

If you choose a service offered by MOLLYMAWK psychometrics, the contract between MOLLYMAWK psychometrics and you shall be concluded under the terms and conditions of MOLLYMAWK psychometrics by accepting these condition. The terms and conditions will be shown up before buying a test package. The user can accept these conditions by a click. Otherwise no contract will be concluded. The user has to make sure that his reachability via Email is guaranteed so that Emails from MOLLYMAWK psychometrics can reach him. He should therefore check the security settings, for example of the spam-filter and possible junk mailaccounts.

Order process

1. Registration by providing all necessary information.

2. Reception of e-mail confirming registration.

3. Ordering of test package(s).

4. Reception of e-mail confirming order.

In case you do not receive any e-mails from MOLLYMAWK psychometrics, please check your spam mail folder and add us to your list of trustable addresses.

After completion of the order process you have access to a limited number of training tests and certificate tests. The exact number of training tests and certificate tests is specified in the test package description available on the MOLLYMAWK website. Furthermore there may be a limitation for the maximum time span between the ordering of a test package and the latest possible conduction of the included certificate tests. Also this limitation is specified in the test package description.

After a certificate test is completed a PDF certificate is issued and available for download and printout in the 'certificates' section of your MOLLYMAWK account. Availability is guaranteed for 24 months. At the same time the access to details of performed training tests as well as unused training tests will be cancelled. This cancellation is restricted to the domain of the already performed certificate test and does not affect any other tests in the test package. Ordering the same test package again leads to the cancellation of details for all previously performed training tests as well as all unused training and certificate tests in that package. Acquired certificates however remain accessible in the 'certificates' section of your MOLLYMAWK account for 24 months.

Conditions for the conduction of certificate exams at a MOLLYMAWK TestCenter

Admission to a MOLLYMAWK certificate exam is denied...

• if you cannot present a valid passport or national identification document with a photo that is suitable to identify you as the holder. Other pieces of identification are not acceptable.

• if there is a discrepancy between the information provided during the MOLLYMAWK registration process and the data of your passport/national ID.

You may be dismissed from a running exam session and/or your MOLLYMAWK account (including all scores and certificates) may be cleared either during an exam session or later on if you...

• take the certificate test for someone else or have someone else take the certificate test for you

• use or attempt to use any of the following items without approval by the test administrator: calculators of any kind, books or notes, headphones, alarm clocks, electrical or electronical or photographical devices (this includes but is not limited to mobile phones).

• use paper(s) and pencils other than provided or approved by the test administrator.

• attempt to give or receive assistance. Communication (unless with the test administrator) is not permitted during the test session.

• tamper with the computer (this includes but is not limited to leaving the MOLLYMAWK application).

• do not comply with the test administrator's directions (this includes but is not limited to the timing of breaks).

• engage in disruptive behaviour.

In case you are dismissed from a certificate exam for the abovementioned reasons your investment for the test will not be refunded. MOLLYMAWK psychometrics reserves in this case the right to ban you from future examinations alltogether.

 

Waiting period between two certificate exams; conditions for retest

You may REPEAT an exam and re-order the respective package(s). However, you have to comply with the following rules:

1. The time between two exam sessions for the same test must be not shorter than 7 days.

2. Not more than two exams of the same test may be taken within a 24 month time period.

All certificates that violate these rules will be deleted immediately after the exam without a refund. 

Re-ordering a package leads to the loss of unused training runs as well as unused exam rights from an earlier purchase of the same package; the number of training runs is reset to the maximum possible.

Already acquired certificates are not affected by a re-order. They remain valid and available in your account for 24 months. Newly acquired certificates will be added to already existing ones.

 

 

Payment

The stated prices are retail prices including the legal sales tax.The payment methods are limited to advance payment by creditcard.

Right of Revocation

The customer can withdraw from the contract within two weeks in written form (e.g. letter, fax, email) without indicating any reason or by sending the merchandise back, unless the customer acted entrepreneurial within the scope of a commercial or freelance occupational activity. The revocation deadline starts at the earliest at the day after receiving this instruction in written form, but not before the receipt of goods by the recipient (not before the receipt of the first partial delivery regarding recurring delivery of similar goods) and also not before we supply information according to § 312c paragraph 2 BGB [German Civil Code] in connection with § 1 paragraph 1, 2 and 4 BGB-InfoV as well as information according to § 312e paragraph 1 phrase 1 BGB in connection with § 3 BGB-InfoV. It is sufficient to send the revocation or the merchandise on time in order to keep the deadline.

The revocation is to be addressed to:

MOLLYMAWK psychometrics

Melina Rauch
Aviation Psychologist
Alte Landstraße 36
29640 Schneverdingen
EMAIL: info@mollymawk.de

Revocation Consequences

a. In case of an effective revocation, the received services on both sides have to be returned and compensation for use if applicable (e.g. benefits from utilization of services, interests) has to be paid. If the customer can return the merchandise only partially or in deteriorated condition, he has to pay compensation to MOLLYMAWK psychometrics for the loss in value if need be. This does not apply if the deterioration of the product can be solely traced back to its inspection - as it might have been possible in the retail store. The customer can evade the liability for damages of valuables by means of not utilizing the merchandize as an owner and by refraining from things that might decrease its value. Once the first training or test run of a test package has been started this test package is considered fully utilized and cannot be returned.

b. Items that are transportable by packet are to be sent back at our risk. The customer has to bear the costs for the return of items himself, as far as the items are transportable by mail and the price of the returned items does not exceed 40,00 Euros and additionally in cases of the absence of consideration from the customer or a contractually agreed upon payment when the item’s price exceeds 40,00 Euros. Otherwise the return shipment is free of charge for the customer. Items that are not transportable by packet are picked up at the customer’s address.

Copyright/ Rights of Use

The copyright for any MOLLYMAWK psychometrics website content including downloads, brochures, product demos and the programming of this website created by MOLLYMAWK psychometrics is reserved. MOLLYMAWK psychometrics intended not to use any copyrighted material for the publication or, if not possible, to indicate the copyright of the respective object. All copyright and other industrial property rights shall be held exclusively by MOLLYMAWK psychometrics unless expressly transferred to the User by reason of the rights of use assigned.

Changes of Terms and Conditions

We reserve the right to amend or update the Terms and Conditions from time to time. Changes of whom we will give you a notice. In case of no objection within 2 weeks after receipt of notice, the changes of the terms will be binding for both parties. All updates will be published at this website. Amendments and additions to this Agreement shall be made in writing. This shall also apply to waiver of the contractually stipulated written form.

Limitation of Liability / Warranty

The warranty takes place according to the legal provisions. MOLLYMAWK psychometrics shall have unlimited liability for damage due to injury to life, limb or health. MOLLYMAWK psychometrics shall have unlimited liability for damage caused intentionally or through gross negligence by legal representatives or executive employees.

MOLLYMAWK psychometrics shall be liable only for the foreseeable typical damage in the case of breach of essential contractual obligations due to ordinary negligence by its legal representatives or executive employees.

MOLLYMAWK psychometrics shall be liable for the foreseeable typical damage in the case of damage caused intentionally and due to gross negligence by other vicarious agents. The same shall apply to breach of essential contractual obligations due to ordinary negligence. The foreseeable typical damage shall be limited to the order value.

MOLLYMAWK psychometrics shall not be liable for breach of non essential contractual obligations due to ordinary negligence.

MOLLYMAWK psychometrics shall not be liable for damage suffered by the hirer due to force majeure, i.e. unforeseeable circumstances beyond its control.

Other damages claims are excluded. In particular, liability for indirect consequential damage, including non occurrence of the Hirer’s expected profit, arising through or in a causal connection with the use of MOLLYMAWK psychometrics’s products is excluded. This exclusion shall not apply if a quality warranty given to the Hirer by MOLLYMAWK psychometrics was intended to protect against the occurrence of such damage.

In case of data loss or data destruction MOLLYMAWK psychometrics shall be liable only if it has caused such destruction intentionally, through gross negligence or due to a breach of an essential contractual obligation and at the same time the hirer has ensured that the destroyed data can be reconstructed at reasonable expense from data material preserved in machine-readable form.

Liability for malicious non disclosure of a defect, for giving a warranty concerning the quality or durability of a thing or a work and liability under the Product Liability Act shall be unaffected by the above provisions.

The abovementioned figures shall apply analogously to reimbursement of expenses instead of compensation in lieu of specific performance.

MOLLYMAWK psychometrics does not guarantee to you the availability of a TestCenter. MOLLYMAWK psychometrics shall not be liable for actions arising from the TestCenter. All existing TestCenters will be announced on the MOLLYMAWK psychometrics’ website. A TestCenter can be closed by unforseen reasons.

It is in the user's responsibility to ensure a permanent internet connection while using MOLLYMAWK testware.

General Provisions

The contract data consisting of the wording of the contract and the general terms and conditions are saved by MOLLYMAWK psychometrics. The user can request the saved data after the conclusion of the contract from MOLLYMAWK psychometrics via eMail: info@mollymawk.de The user can furthermore print or save the contract data within the context of the order transaction via the browser’s menu navigation or via keyboard combinations.

The place of jurisdiction shall insofar as permissible be Hamburg for any disputes arising from this contractual relationship.

The contractual relationship shall be governed by the law of the Federal Republic of Germany excluding the UN convention on contracts for the international sale of goods.

Should any individual provision or any part of any provision be or become void, illegal or unenforceable, the validity of the remaining provisions hereof shall in no way be affected. The parties shall endeavour to replace the void, illegal or unenforceable provision by a provision that comes as close as possible to the intended purpose of the ineffective provision.

Language

The Terms of Use were originally prepared in the English language. Although MOLLYMAWK psychometrics may provide one or more translations for your convenience, the English version will control in the case of any conflict or discrepancy. Contents in other languages on this webpage are non binding translations.

 

Dispute Resolution

The European Commission has provided a platform for Online Dispute Resolution (ODR) which is accessible to consumers and traders under http://ec.europa.eu/consumers/odr 

 

Contact Us

If you have any questions or suggestions regarding our Terms and Conditions, please contact us at info@mollymawk.de