Terms of Use

Last updated : 15 February 2022

Welcome to versusprofile.com!

This website is owned and operated by Versus Systems SA (“Versus”, “us”, “we” or “our”). Versus is a publisher that designs and distributes talent assessment and profiling solutions. “Versus Services” refers to website features and other services provided to you (“you” or “User”) when you visit or use VersusProfile.com, Versus products or services, or applications or software provided by Versus in connection with any of the foregoing.

By using VersusProfile.com and Versus Services, you agree, on behalf of yourself and others who use any Versus Services purchased by you, to these Terms of Use (“Terms”). If you do not read, fully understand and agree to these Terms, you must immediately leave VersusProfile.com and avoid or discontinue all use of Versus Services.

​Versus also partners with coaches, facilitators and trainers (“Partners”) who may provide personalised debriefing or other services. The Versus Terms do not apply to the services of our Partners. Please refer and accept the terms of our Partner if you use their services.

ELECTRONIC COMMUNICATIONS
While using Versus Services, or sending emails, text messages and other communications from your desktop or mobile devices to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile notifications and messages through our website or through other Versus Services, such as our Support Centre.

COPYRIGHT
Unless specifically stated otherwise, all content included in or made available through any Versus Services, such as assessments/tests, data compilations, and software is the property of Versus or its suppliers and protected by Swiss and international copyright laws. You do not and will not acquire any proprietary interests in any material obtained from or relating to Versus Services. You will not use Versus Services in any way that may infringe on any intellectual property right (including copyright or trademark), any right of confidentiality, or any other proprietary interest that Versus has in such materials.

DATA PROTECTION
Please review our Privacy Policy, which also governs your use of our website and Versus Services, to understand our practices.

​By using Versus Services as an “Assessor” (asking someone else referred to as an “Assessee” to complete a Versus assessment/test for coaching, recruitment, team building, M&A or other purpose), you confirm that:

  • You agree to abide by the Versus Data Protection Policy: Privacy Policy;
  • You have permission to access the Assessee’s (other information provider’s) personal information;
  • Any such information is regarded as confidential and shall not be passed to any third party unless agreed by the Assessee;
  • Any Assessee reports that you download/receive will only be stored and transmitted using secure and encrypted methods;
  • Any Assessee reports that you download/receive will only be kept for as long as necessary, after which, you undertake either to destroy them or to make them anonymous;
  • Personal information provided to Versus is used in accordance with applicable data protection legislation.

ACCESS TO SERVICES
For you or your Assessee(s) to complete Versus assessments and tests, you will be required to have provided Versus a valid payment method. Subject to your compliance with these Terms and your payment of any applicable fees, Versus grants you a limited, non-exclusive, non-sublicensable license to access Versus Services for your personal use or the use of your Assessee(s). Each assessment/test provided through Versus Services is for one individual user only. This is important for both the correct working of Versus Services and for data privacy. Versus Services require that all information for each assessment/test is related to a single person for personalised elements of Versus Services to remain accurate and relevant. Please read our Privacy Policy to understand the measures we take to protect your information and the information provided by users of our assessments/tests.

​If there is a problem charging your selected payment method for purchases, we may charge any other valid payment method you have provided to us and we have associated with your client account.

​In order to use our website and Versus Services, you must be at least 16 (sixteen) years of age and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and Versus Services if doing so is prohibited in your country or under any law or regulation applicable to you.

Versus reserves the right to refuse service, terminate accounts, terminate your rights to use Versus Services, remove or edit content, or cancel orders in its sole discretion.

You may not copy, reproduce, distribute, edit or amend the content of this website or Versus Services or otherwise incorporate the content of this website or Versus Services into any other publication or work in any form of media unless formally agreed with Versus.

You may use this website and Versus Services only as permitted by law.

Any request to use Versus Services content outside the scope of the license granted in these Terms should be emailed to support@versusprofile.com. Versus reserves its right to refuse to grant any such request.

INFORMATION SERVICE PROVISION
Versus reserves the right at its discretion to refuse at any time to provide access to Versus Services.

When purchasing Versus Services, once payment has been accepted, you or your Assessee(s) will normally receive within 24 hours a link to complete the purchased assessment(s), but Versus will not be liable for any failure to achieve this timeframe.

​Once the assessment(s) is completed, you or your Assessee(s) will receive the assessment report(s) normally within 24 hours of completion, but Versus will also not be liable for any failure to achieve this timeframe.

​Versus Services may be suspended temporarily and without notice in circumstances of system failure, maintenance, repair or for other reasons beyond the control of Versus.

​OBLIGATIONS
Use of Versus Services may require you to have access to computer systems, devices, communication software or other facilities. Versus will not be liable for supplying any such equipment or for any loss or damage howsoever arising from any acts or omissions of you or of any service provider or other person through whom you may rely upon to access Versus Services.

​As an Assessor, you will use Versus Services within the sphere of your competence.

​As an Assessee (other information provider), you will use Versus Services solely for your own personal use, to access your personal report and to investigate related information.

RESTRICTIONS
Your use of and activities based upon Versus Services must not:

  • Be false, inaccurate or misleading;
  • Be offensive or menacing, abusive or defamatory;
  • Infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • Be fraudulent;
  • Be in breach of any applicable laws or regulations, licences or third party rights;
  • Be obscene or indecent;
  • Cause Versus to lose (in whole or in part) the services of any partner, service provider or supplier;
  • Interfere in any way with the proper working of Versus Services, and in particular, you must not circumvent security, tamper with, hack into or disrupt the operation of Versus Services or surreptitiously intercept, access without authority or expropriate any system, data or personal information as defined in the European General Data Protection Regulations 2018;
  • Cause Versus Services to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of Versus Services is in any way impaired.

REFUNDS
Refunds for purchases of unused assessments/tests net of incurred fees/payment charges are not possible except if Versus is unable to deliver the purchased service within a reasonable period of time. However, a Client may reassign the completion of a purchased assessment/test to someone else within 30 (thirty) days of the purchase. Please email to support@versusprofile.com if assistance is needed.

DISCLAIMER
Any information generated or output of Versus Services (“Information”) is provided for guidance purposes only. Although Information is considered to be useful and accurate, you are solely responsible for:

  • Ensuring that information input by you is accurate;
  • Taking or refraining from any action based upon the Information.

​Versus will provide Versus Services using reasonable skill and care. Although Versus has made all reasonable efforts to ensure that the information on the website is as full and accurate as possible, it does not purport that the information is fully comprehensive or accurate.

​Versus Services are provided without warranty of any kind. Versus disclaims any warranties and representations, express or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose, to the extent permitted by law.

Versus is not responsible for the content of external internet sites that link to this website, or which are linked from it. Versus will not be responsible or liable, directly or indirectly for a) the privacy of such external websites; b) the content of such websites; c) any third-party product, service or download made available; d) the use that others make of these third-party websites, products, services or downloads, nor for any damage, loss, offence caused or alleged to be caused or in connection with the use of or reliance on such third-party websites, advertising, content, products or services.

LIMITATION OF LIABILITY
Any request for services made by you is subject to acceptance by Versus in accordance with applicable terms.

Versus accepts no liability in contract, tort or otherwise including negligence for:

  • Inability to gain access to Versus Services as a result of routine or emergency maintenance on the Versus Services or excessive demand for Versus Services;
  • Loss of data including both data transmitted and other data held by or on behalf of User;
  • Delay or failure in receipt of data;
  • Indirect or consequential losses arising from use of Versus Services including loss of revenue, business, anticipated savings or profits.

​Versus aggregate liability in contract, tort or otherwise including negligence shall be limited to the price you pay for the use of Versus Services in respect to one incident or series of incidents arising from a common cause in any 12-month period.

​Versus will make all reasonable endeavours to exclude viruses (and similar destructive devices) from Versus Services but cannot guarantee the exclusion of viruses (and similar destructive devices) and you should, therefore, take appropriate steps in respect to this risk.

​TERMINATION
Versus reserves the right to revoke your permission to use Versus Services at any time, and any such use shall be discontinued immediately upon written notice from Versus.

GENERAL
Versus reserves the right to vary these Terms from time to time and you accept the varied Terms if you continue to use our website or Versus Services after variation.

If any provision of these Terms is held to be void or unenforceable in whole or in part, the Terms shall continue to be valid as to all other provisions and the remainder of the affected provision.

​Versus Services are provided from Switzerland, irrespective of your location.

The User of Versus Services may not assign or delegate all or any of its rights and obligations under these Terms.

Versus shall have the right to assign or transfer all or any of its rights and obligations at any time without notice.

You agree to fully indemnify and to hold Versus indemnified from and against any claim brought by a third party resulting from your use of Versus Services and in respect to all losses, costs, actions, claims, expenses or liabilities whatsoever suffered or incurred in consequence of any breach or non-observance of these Terms.

​APPLICABLE LAW
All rights and obligations under these Terms will subsist worldwide. The construction validity and performance of these Terms shall be governed exclusively by the laws of Switzerland and any dispute arising out of this Agreement shall be subject to the exclusive jurisdiction of the Geneva Courts.

ENQUIRIES
For general enquiries or if you experience problems with Versus Services or have any comments, please email to support@versusprofile.com or write to us at: Versus Systems, 1, rue Cornavin, 1201 Geneva, Switzerland.

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