Terms and conditions
Talents Unlimited Denmark ApS
Established 2017, CVR-number 40251472
Nymøllevej 50, 2800 KgS Lyngby
Phone: (+45) 7199 9094
Conditions of sale
These terms and conditions together with the placed order, regardless of whether it was placed by e-mail or phone, make up the entirety of the agreement between the customer and the company regarding the conditions discussed herein, and it replaces any previous contracts and agreements between the parties.
Order placement and acceptance
The ordering of any products or consultant services by the customer is seen as a commitment from the customer to purchase products and/or consultant services in accordance with these terms and conditions.
A binding order confirmation/invoice will only be sent to you when we have engaged in dialogue with you and agreed on the nature and type of the desired product. An order does not include a free test with the nine top talents, but rather a service or product ordered via our sales team by e-mail, phone or through other means of contact. Examples of orders include, but are not limited to, a full report based on your test, a feedback based on your test, a certification or a custom consultant service for your company.
Products requiring certification must be used by, or on behalf of, an identified and registered user who is qualified to utilise products requiring certification, and who is registered at the company according to the company’s registration procedure. Products requiring certification must likewise be used in accordance with the company’s ethical guidelines, which are available in the company’s course files as well as on the website. The ethical guidelines are subject to change without advance notice. The company reserves the right to refuse delivery of products requiring certification to a customer or registered user, if the customer or registered user refuses to follow the current ethical guidelines.
No order placed by the customer is considered as accepted by the company before a written order confirmation or invoice has been issued by the company, or (if earlier) before the company delivers the products and/or the consultant services to the customer.
The customer must state the name of the registered user when ordering products requiring certification.
Any offer from the company to the customer is valid for a period of 30 days from the offer date, provided the company has not explicitly retracted the offer at an earlier time.
Terms and conditions for open courses
The company reserves the right to change details regarding the design, content and price of courses without advance notice.
Costs associated with voluntary lodging at venue or hotel are not covered by the course price.
The company reserves the right to cancel or postpone courses with no penalty or liability for damages if there are too few participants registered, or for other reasons outside the company’s control. If it is necessary to cancel a course, the company will endeavour to inform the course participants as soon as reasonably possible.
A cancellation effectuated by the company will result in a full refund being given as soon as any already sent pre-course material is returned.
The full course price must be paid in case of the cancellation of a course participant, regardless of reason, within 21 days of the start of the course. No payment is required for any cancellations received more than 21 days before the start of the course, unless course material has already been sent out, in which case a fee must be paid.
Transferral from one course to another is regarded as a cancellation. As such, it requires registration for a new course at full price.
The moving or postponing of a follow-up session within 10 days of the agreed upon time is considered a cancellation. A new follow-up session must be scheduled at full price, pro-rated the cost of three mandatory tests according to the price list in effect.
Replacement of a scheduled course participant with a different person can be conducted with no additional costs, provided the new participant satisfies the admission standards, and has reviewed any pre-course material.
Certification of participants
Participants of certification courses should note that completion of such a course requires an understanding of the underlying principles as well as competence in the choosing and administration of the respective tests, as well as in providing feedback for them. Although the company, insofar as it is possible, will provide a high standard of education and remain unbiased in assessing the above, there is no guarantee that all course participants will achieve certification.
Terms and conditions for single-customer courses
Single-customer courses can save costs if a customer has a number of participants wishing to register for the course. The price of these courses is given upon request.
Details and requirements for single-customer courses will be agreed upon when the course is ordered. In addition to the price of the course, the customer is usually asked to provide the following:
- Course venue, IT-equipment and wireless internet connection.
- All meals and refreshments required during the course.
- Travel and lodging expenses for the course manager(s) and, when necessary, the course observers.
- Freight expenses incurred in connection with the transportation of equipment and materials to and from the course venue.
- Volunteers for practicing the administration of the test and the giving of feedback on test results.
Other conditions will be the same as for open courses.
Terms for consultant services
Consultant projects are defined as commissioned work taken on by the company’s employees or agents or subcontractors (hereafter called consultants) on behalf of the customer.
Projects will only be initiated after entering into a written agreement with a clear project description with the customer.
Remuneration and cancellation:
Daily consultant billing time is a maximum of eight hours a day between 9.00 and 18.00, unless otherwise agreed upon in writing. If evening work, weekend work or work on national holidays is involved, and/or a project involves work outside of Denmark, higher consultant renumeration will be in force and details will be set in writing.
Travel time will be invoiced at 50% of the going rate for consultant renumeration.
Consumed products are subject to the company’s terms and conditions and will be invoiced at the going sales price. Projects will be fully invoiced at time of project start.
Fees associated with cancellation or postponement before the beginning of a consulting project are as follows:
- Within two weeks: The entire consultant remuneration.
- Between two to four weeks: 50% of the consultant remuneration.
If the customer requests changes to the project, the company will endeavour to accommodate the request. Any additional time spent as a result of these changes will be invoiced at the going rate for consultant renumeration.
Expenses incurred during the completion of the consulting project, e.g. travel, lodging, subsistence and freight expenses will be invoiced in addition to the consultant renumeration.
The customer must give the consultant access to their offices, staff, and any information about the customer which the consultant might need to carry out the consulting project. Any increase in time spent as a result of the consultant being denied reasonable access will result in an increase in the price of the project.
The customer must ensure that the consultant has sufficient workspace and facilities and must keep the consultant’s and company’s property secure.
Conditions for free test via the website
Submitting a request to receive a test via the website, hereunder a trial free test with a forwarding of the top 9 talents via the website form, is not a legally binding agreement. Talents Unlimited therefore have the right to deny your request for a test, or delete a taken test from our system, either as a result of technical issues or because our team have determined that you are not in compliance with the age restriction for a personality test as well as in similar situations. It is forbidden to utilise the form for commercial use.
When you have submitted a request for a free test via the website, the system will send you an e-mail with instructions on how to take the test. Please note that the automatic response (via e-mail) may be delayed or appear in your spam folder. Talents Unlimited are not responsible for test links that do not make it to you. Talents Unlimited reserve the right to send the test link at varying time intervals, such that it could take up to five weekdays before you receive the test link. This is to allow for the possibility that our team is on vacation or need time to determine whether the request complies with the legal requirements.
Since our test is categorised as a personality test, the sale of it is regulated with specific legislative requirements, which we list here. If you accept our terms and conditions, you simultaneously confirm that you are legally competent and 18 years of age or older.
Conditions for requesting the test:
- You must be 18 years of age or older and legally competent.
- You must be psychologically capable of receiving and handling a personality test.
- You may not utilise the free test for commercial use.
- If you are already a customer of Talents Unlimited, have been certified or have bought and taken the test through Talents Unlimited, it is forbidden to utilise the free test commercially in your company, or in any other way that hinders the natural course of trade of Talents Unlimited.
All descriptive materials as well as brochures, specs and marketing materials are issued by the company to inform about the products and/or consultant services offered by the company. Such supplementary materials will not be a part of the contract. It is forbidden to disclose this material to a third party without accept from the company.
Since our products consist of services, delivery may not always happen at the desired time. Talents Unlimited are not under obligation to deliver at specific times, unless specified as part of the agreement entered regarding a request for specific services. Talents Unlimited reserve the right to, at any time, cancel a course, workshop, feedback, or other service without penalty, if it is not possible for Talents Unlimited to deliver due to illness or other hindrance. Talents Unlimited are not liable for missing delivery of products and/or consultant services (even if this is due to company negligence) if written notice is given to the customer.
The company reserves the right to postpone the date of delivery, or to terminate the contract, if the company is prevented or delayed in carrying out its business due to circumstances that are outside of the company’s control, including but not limited to force majeure, government policy, war, national crisis, terrorist acts, protests, epidemics, riots, civil rebellion, fire, explosion, flood, lockout, strikes or other labour disputes (whether they are related to the workforce of one of the parties or not), or interferences or delays that affect couriers, or inability or delay in securing supplies of suitable materials.
Any liability for the company for missing delivery of products and/or consultant services is limited to subsequent delivery of the products and/or consultant services at a later date within a reasonable timeframe, or the issuing of a credit note for any outstanding invoices for the products and/or consultant services in question.
Delivery of web based electronic products and/or consultant services made available by the company, hereunder the TT38 Talent Test will be affected by variations in service level. The test is subject to on-going development, changes and optimisations, and as such the final report and its appearance may vary with no specific considerations or price adjustments made.
Talents Unlimited only deliver their services within Denmark, but not on Greenland or the Faroe Islands. It may be possible to purchase services from another country by special request in agreement with Talents Unlimited Denmark ApS.
The customer’s obligations and responsibilities
The customer guarantees and commits themselves to: (a) In case the customer is not also a registered user, to ensure that only a registered user utilises products that require certification in accordance with the company’s ethical guidelines, which are accessible in the company’s course folders and on the website; and (b) The customer may not give access to products requiring certification to persons who are not registered users.
The customer must release the company from liability for all losses, claims, responsibilities, costs (including attorney costs), and expenses which the company bears due to the customer’s breach of contract and/or these terms and conditions or the customer’s misuse of the products in violation of the contract and/or these terms and conditions.
The company is entitled to retract, suspend or demand the return of already delivered products, if the customer is not in compliance with one of the following provisions: – The customer violates material obligations listed in these terms and conditions. – the customer must ensure that the products are utilized by employees with the relevant certifications. – The customer is not by the authorities or for legislative reasons prevented in carrying out their trade. – The customer is not declared bankrupt or insolvent, and corresponding legal proceedings have not commenced against the customer or their representatives. – The customer’s behaviour may not unreasonably compromise the stability, security or operation of the company.
Limitations of liability
The following provisions constitute the company’s full grounds for liability (including any liability for actions or omissions by its employees, agents or subcontractors) in relation to the customer, regarding violations of these terms and conditions and any representation, statement or liability inducing action or omission, including gross negligence, that has arisen in relation to the contract.
The company’s liability for all culpable misconduct that results in direct loss of the customer’s accessible capital must under no circumstances exceed the amount actually received by the company under the contract with the customer for the specific order.
The company is not liable for the customer’s indirect losses and consequential damages including, but not limited to, markup loss, loss of data or reconstructions hereof, loss of interest gains and degradation of goodwill.
The company is not responsible for the applicability of products and/or consultant services for a specific purpose. The customer must use their own proficiency and judgment to determine that the products and/or consultant services are of sellable quality and suitable for the customer’s purpose. This condition is in effect regardless of whether or not an employee or agent of the company at any time has offered an objection or opinion, either written or via other means, that pertains to the applicability of any product and/or consultant service for a given purpose.
The company provides no guarantees and is not liable to the customer or a third party regarding the applicability of products or consultant services including, but not limited to, the completeness or precision of computer scored reports. The company disavows any liability for differences in treatment based on gender or race resulting from the use of products and/or consultant services supplied by the customer. The customer must not hold the company liable in case the company or its licensee suffers losses or have expenses and/or costs resulting from (either directly or indirectly) the customer’s violation of such obligations.
Intellectual property rights
The intellectual property rights to any product, data gathered through the use of products and consultant services, and/or work produced in the course of or as a result of the contract belongs to the company or its licensee.
The customer only obtains a time limited right of use for the purchased products and/or consultant services specified in the contract for internal use in the customer’s business in Denmark.
The customer is forbidden to make any changes to or in any way modify the products. If the customer does modify or make changes to the products, they must release the company from liability for all losses, claims, responsibilities, costs (including attorney costs), and expenses which the company bears as a result.
Both parties, their agents and employees must keep all information on the other party received confidential.
No party is entitled to transfer the contract or parts of it without the other party’s written consent, except in case of an organisational restructuring which does not result in a change of control for the party involved in such a restructuring. Regardless, according to the law of data protection, the company may transfer the contract to any company or approved agents in its concern.
Termination of contract
The company must, in addition to its rights under the heading renumeration and cancellation have the right to immediately in writing terminate the contract if the following applies:
- If the customer violates or is expected to violate any obligation the customer has to the company.
- If the customer provides a notice of suspension of payment, bankruptcy reorganisation proceedings are initiated, or the company is forced into compulsory composition with creditors or enters liquidation.
- If the customer declares bankruptcy, and the insolvent estate does not within a period of 5 weekdays from the bankruptcy decree’s passing give notice to the company that it intends to enter into the contract.
The company is not obligated to supply additional products or consultant services according to the contract in case of the company’s termination of the contract.
- The customer must release the company of liability for all losses (including lost profits), costs (including personnel costs and material costs) as well as all expenses incurred by the company as a consequence of the termination of contract.
- The customer (or recipient) must at their own expense return unpaid or unused products to the company.
Ban on purchasing with intent to redistribute without an agreement with Talents Unlimited
If Talents Unlimited determine that a customer has attempted to circumvent Talents Unlimited’s rules regarding purchasing of services for planned redistribution, they reserve the right to cancel one or more of these orders, without the customer being able to raise a claim against Talents Unlimited in that regard. TT38 is a test owned by Talents Unlimited, and it may only be sold with an official binding license agreement with Talents Unlimited International ApS.
Right of cancellation
The right of cancellation expires 14 days after receiving your agreement via e-mail.
Your right of cancellation runs out the day you;
- Have received a service of any kind.
- Have the last shipment in your physical possession, when the delivery concerns multiple different orders, which have been ordered either jointly or in separate transactions.
- Receive the last party, or the last part is in your physical possession, when the delivery concerns a product which consists of multiple parties or parts.
You must before your service is delivered, or before the invoice is paid, or immediately after ordering your service and at the latest 14 days after your order, if the service has not already been delivered, notify us that you wish to exercise your right of cancellation. The notification must be given by writing to email@example.com or calling Talents Unlimited at (+45) 7199 9094. In your message you must unequivocally state that you wish to exercise your right of cancellation and no longer want the service.
An accepted order can only be revoked or changed with the company’s written consent.
Talents Unlimited reserve the right to not accept the return, as Talents Unlimited have no physical products with the exception of our test. It may therefore not be possible to return a product. The test is personal and is therefore regarded as a purchase of a specific good.
It is not possible to retract a test or return it, as it iss created the moment the consumer takes the test. It is possible to order a new test or to get it deleted by Talents Unlimited if the test is not accurate, but it may not be returned. It is not possible to return already conducted services such as courses and feedback.
Payment happens via issued invoice from Talents Unlimited Aps. Payment information can possibly be saved in relevant places such as the bank in accordance with current legislation, but not in Talents Unlimited Denmark ApS’ sales systems.
Payment must happen within 8 days from the issuance date of the invoice. In case of lack of payment Talents Unlimited will charge a reminder fee in accordance with the law.
If the customer neglects to pay the company an invoice by the date of maturity, the customer is obligated to pay interest to the company of the sum of the invoice from the date of maturity at a rate of 1½% per started month.
All outstanding payments to the company in accordance with the contract will immediately be due at the termination of the contract regardless of any other provision.
The company is entitled to withhold or suspend the delivery of products and/or consultant services to the customer or to terminate the contract if the customer has matured debt to the company. If the products are already delivered, but the customer still has matured debt to the customer, the company is entitled to demand any products returned, unless the customer pays. The company takes on no liability regarding such a withholding, suspension of delivery or termination of contract. In case of such a termination the customer is liable to the company for violation of the contract. The company is additionally entitled to demand any costs in association with collection of the payment covered.
Unless otherwise agreed upon in writing between the customer and the company, the price for products and/or consultant services will be the price that is listed in the company’s current price list on the date of the order.
The price for products and/or consultant services is excluding VAT and other taxes. In case of increases in VAT or other taxes the prices in the contract will be raised proportionally, unless the amount is paid directly by the customer.
Following additional orders may be subject to changes in price. Unless otherwise agreed upon, the price on the current price list on the date of the order is the effective price.
Prices are regulated yearly on 1/1 in accordance with the general price development.
The contract and the terms and conditions are formed on the basis of Danish law. The parties have agreed that Sø- og Handelsretten is the appropriate jurisdiction for the contract and the terms and conditions.
Where candidates give personal information on themselves to the company in connection with these terms and conditions, the company is obligated to handle the candidate’s personal information in such a way and with the purpose described in the personal data policy and in the written data processing agreement agreed on by the company and the customer. By entering into the contract the customer and the candidate agree and consent to the company’s use of personal information as written below and in the personal data policy.
The customer is the data responsible party and the company is the data processor concerning personal information handled by the company in accordance to the contract.
When purchasing products in accordance with the contract, the customer guarantees that the candidate has given their specific and informed consent to the company’s handling of the candidate’s personal data as written in the personal data policy and the data processing agreement between the company and the customer.
The company is entitled to change the personal data policy and these terms and conditions without advance notice.
The company must use the registered users’ names and company e-mail addresses at the customer, and the candidates’ names for invoicing of the customer in connection with accounting and auditing. Personal information used for invoicing, accounting and audition is archived as long as required by accounting law.
The customer must release the company of liability for any loss (including fines, interest and court costs), if the company incurs losses, costs or liability due to the customer’s lack of compliance with their obligations in accordance with data protection law, hereunder any local data protection law the customer is bound by.
The registered user is entitled to be informed on whether or not their personal information is being handled. The registered user can ask the company to make any necessary changes to ensure that the registered personal information is precise and updated. Requests for insight into what personal information is being handled by the company must be in the form of a written notice to the customer. The customer can ask the company for help with the request by forwarding the written request. Inquiries may be over e-mail to Talents Unlimited at firstname.lastname@example.org.
Personal Data Policy
This personal data policy clarifies how Talents Unlimited handles personal information gathered on websites managed by Talents Unlimited.
Data responsible party
The data responsible party is:
Talents Unlimited Denmark ApS
2800 Kgs. Lyngby
CVR no.: 40251472
Personal information covers all information that can be used to identify a person, including but not limited to: First name, last name, age, sex, private address or other physical address, email address, or any other contact information, whether it relates to their private residence or workplace.
As a rule, you can access the website without telling Talents Unlimited who you are, and without giving out personal information about yourself. However, we require certain personal information in order to collaborate with you and provide relevant communication to you.
Our website collects and handles information about you when you:
– Send a request via the website
– Subscribe to our newsletter
We only collect the personal information that is necessary to supply the service you have requested.
We collect this information in order to:
– Provide you with a personalized experience
– Improve our customer service
– Communicate with you in a relevant fashion
Websites managed by Talents Unlimited collect and utilise cookies in order to improve and personalise the content for our users.
For every visit to the website, regardless of whether a cookie is present in your system or not, we register your browser, your operating system, the host, and the web-addresses of the sites that you wish to have access to. This data is used in a comprehensive and anonymous table for statistical analysis on the general use of the website.
Disclosure of data to third parties
Talents Unlimited does not pass on or publicise your data to third parties, or in any other way disclose your personal information.
Your TT38 test is shared with you, your manager, and your company, if your company requisitioned the test. If you are a private person, the test is shared only with you, as well as a Talents Unlimited employee in charge of providing you feedback based on the results of the test.
All Talents Unlimited employees are subject to strict confidentiality clauses, even after employment ends.
All TT38 tests are taken through Talents Unlimited’s system, which is located on a secure server in Denmark.
Inquiries through the website
When you send a request through the website – A contact form, for instance – we register your name, company, phone number, and your email address.
The information is collected to ensure the best possible handling of your request.
The information (name, company, phone number, email address) is registered in Talents Unlimited’s system.
Employees of Talents Unlimited have access to the information.
When you subscribe to Talents Unlimited’s newsletter, the following information is registered: Name, phone number, and email address.
By subscribing to Talents Unlimited’s newsletter, you consent to the collection and handling of your personal information in accordance with applicable law and solely for the purpose of enabling you to receive the newsletter and direct marketing material.
The information (name, company, phone number, email address) is registered in Talents Unlimited’s system.
Employees of Talents Unlimited have access to the information.
You may at any time withdraw your consent by unsubscribing to the newsletter. This is done by clicking on the ‘unsubscribe’ link in the bottom of the newsletter. Your information is thereafter stored for 24 months in a separate database. This is done to ensure you do not receive any information from us after unsubscribing to the newsletter.
Talents Unlimited and our business partners utilise appropriate technical and organisational security measures that ensure integrity and confidentiality when handling personal information.
You have the right to access all personal information we have stored on you.
You have the right to get wrongful personal information stored on you corrected.
You have the right to get your personal information removed from our system. You can exercise this right by writing an email to email@example.com. We will then delete your personal information if the removal is in compliance with applicable law.
You have the right to restrict our handling of your personal information.
You may withdraw your consent at any time.
You are under certain circumstances able to file a complaint against our handling of your personal information. You are also able to file a complaint against our use of your personal information in relation to direct marketing.
You may exercise your rights by contacting Talents Unlimited by email at firstname.lastname@example.org.
You have the option to file a complaint with the Danish Data Protection Agency (Datatilsynet) regarding our handling of your personal information. See www.datatilsynet.dk.