Terms and conditions

Preamble

Entry into force: March 30th, 2023

CLICKBUSTER LTD
63-66 Hatton Garden
London EC1N 8LE
Company number 13014667
VAT number GB 363 9346 71

These General Terms and Conditions of Sale (hereinafter referred to as the "Terms") apply without restriction or reservation to the sale of Services on the Site. https://persna1.com/ (hereinafter the "Site") and define the rights and obligations of CLICKBUSTER LTD (hereinafter the "Seller" or "CLICKBUSTER LTD") and the Customer (hereinafter the "Customer"). The Conditions may be consulted on the Site and/or are 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 that they have read the Conditions before placing any order. The current version of the Conditions is the only version applicable to Customers and Users of the Site:

For the duration of use of the Site and until a new version replaces it, CLICKBUSTER LTD reserves the right to modify these Conditions at any time without prior notice to Users and Customers, but the Conditions applicable are those online at the time of the order.

For any subscription to the Seller's Products and Services, the Conditions prevail over any other document issued by CLICKBUSTER LTD or over any other General Purchase Condition. The Seller reserves the right to derogate from certain clauses or to establish Special Conditions.

These Terms and Conditions come into force on: 30 March 2023.

ARTICLE 1 - DEFINITIONS

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

• "Subscription means the subscription package taken out by the Customer on the Site giving access to the associated services;
• "Customer means, in accordance with the provisions of the introductory section of the Customer Rights Act 2022, a natural person acting for purposes which are wholly or mainly outside his trade, business, craft or profession;
• "Customer Account refers to the Customer's personal space where they can (i) consult their invoices (ii) modify their personal details (iii) view their test results;
• "GTC" or "Conditions means these general terms and conditions of sale;
• "Ordering means any order placed by a Customer on the Site;
• "Services refers to the Services sold by the Site;
• "Site refers to the Site https://persna1.com/ operated by the Seller and made available to the User ;
• "Awards refers to the price applicable to the Subscription communicated to Customers via the Site before the order is validated;
• "User means any user of the Site.

For the purposes of these conditions, the Customer, the User and the Seller may be referred to individually as the "Party" and collectively as the "Parties".

ARTICLE 2 - Presentation of services

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, in the event of errors or omissions in this presentation, the Vendor may not be held liable. The photographs accompanying the presentation of the Services are not contractual and therefore do not engage the responsibility of the Seller.

2.2 Pre-contractual information

Before placing an order and entering into a contract, the Customer acknowledges having received, in a legible and comprehensible manner, these general terms and conditions of sale and 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 the goods, digital content, digital services or services, - The clear price of the goods, digital content, digital services or services, - In the case of a contract containing a subscription, the cost per 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 when the Customer consults it.

The Site enables 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 must pay for the service in order to receive the results.

Once payment has been made, the result of the personality test is sent to the Customer by email.

The Customer must take the utmost care when filling in the personality questionnaire. No new report or modification of a report will be authorised 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 subscribes to a Subscription for the Site's Services (hereinafter, the "Subscription") enabling the Customer to carry out as many Personality Tests as he or she wishes. All test results are sent by email 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 breach of this provision will render the Customer liable and may result in the immediate termination of their Subscription without notice, as well as the suspension of their access to the Site and the payment of damages to the Vendor.

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

Subscriptions are taken out for a period of one (1) month and are automatically renewable from month to month. Any Customer 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, with 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 their Personality Test, a Customer account is automatically created for them on the Site.

When creating his account, he will be asked to define an identifier and a password. The Customer is solely responsible for the security and confidentiality of his/her identifiers and must inform CLICKBUSTER LTD without delay in the event of loss or theft of the Customer's identifiers leading to fraudulent use of his/her personal account.

If the Customer wishes to change his/her login details or if he/she suspects that they have been used fraudulently, he/she must contact the Seller's customer service department without delay by sending an email to the following address : contact.psona@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 identifiers or fraudulent use of the Customer's account.

ARTICLE 3 - Placing an order

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

**3.1 Ordering a Personality Test** (in French)

See the conditions described in article 2.

**3.2 Contact details

The Customer must then indicate their surname, first name and the email address to which they wish to receive their Test. The Customer must specify whether they wish to receive communications from the Seller by ticking the appropriate box.

**3.3 Payment of the price

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

**3.4 Validation

Before proceeding with payment, the Customer must accept the applicable General Terms and Conditions of Sale by ticking the box provided for this purpose, as well as waiving their right to withdraw from 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. After payment, the Customer will receive an email summarising their order. On receipt of payment, the sales contract is concluded between the Customer and the Seller.

ARTICLE 4 - Control of orders

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

ARTICLE 5 - PAYMENT PROVISIONS

ARTICLE 6 - Right of withdrawal

6.1 Provisions applicable to the Personality Test

In accordance with Chapter 5 Article 111 of the Consumer Rights Act 2022The right of withdrawal does not apply in the following cases:
a) a service contract, where the service has been fully provided and the provision of the service has begun with the prior express consent of the consumer and the consumer's acknowledgement that he will lose his right of withdrawal once the service has been fully provided by the trader.
[…]
(c) a contract where the trader provides or undertakes to provide a digital service to the consumer and the consumer pays or undertakes to pay the price of the digital service, where :
i. the digital service has been fully provided, and
ii. the provision of the digital service has begun with the prior express consent of the consumer and an acknowledgement by the consumer that he will lose his right of withdrawal once the digital service has been fully provided.

By placing an order on the Site for a Personality Test, the Customer is therefore informed of this provision. They acknowledge that they have been informed that, once the order has been paid for, the Customer accepts that the Service will be launched by the Vendor, that they will have access to the digital content provided by the Vendor (the result of the Personality Test) and, consequently, that the Customer waives their right to retract.

6.2 Provisions applicable to the Subscription

In accordance with Section 113.2 of the Consumer Rights Act 2022The Customer has a period of fourteen days in which 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 of the General Terms and Conditions. Consumer Rights Act 2022.

However, once the Customer has carried out at least one (1) Personality Test as part of their Subscription (in addition to the initial Personality Test), they waive their 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 to obtain reimbursement for his order. The Customer will be reimbursed for the sums paid by transfer to their bank card within fourteen (14) days of receipt of their request to exercise their right of withdrawal.

To exercise their right of withdrawal, Customers must send an email using the form below:

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

At [name, geographical address and email address of the professional to be inserted by the professional] :

I/We [notifies you/us [] hereby my/our [[ ] Withdrawal from the contract for the sale of the goods listed below [ ].for the service below [*],

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

ARTICLE 7 - Obligations and responsibilities

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. They also guarantee that they are 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 their personal space. In this respect, they undertake to update the information if necessary.

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

As part of the provision of the Services, the Seller cannot be held responsible for any interruption in connection with the terms described in Articles 4 to 8 of the General Terms and Conditions of Use.

7.2 Warning

The Customer is specifically informed that Personality Tests are not an exact science and cannot be associated with hard sciences or psychoanalysis.
By placing an order on the Site, the Customer therefore acknowledges that the information communicated in his/her personality test result is provided for information purposes only and does not constitute perfectly reliable information on which the Customer can 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. Given that 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 in their test with professionals.

The Vendor may not under any circumstances be held liable for the consequences of a decision taken by a Customer solely on the basis of his or her Personality Test.

ARTICLE 8 - Personal data

ARTICLE 9 - Force majeure

The Vendor may not be held liable for its delay or failure to perform 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, 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 shall meet to discuss a possible modification of the order.

The deadlines set out in these GTC will be automatically extended according to the duration of the force majeure event.

ARTICLE 10 - Applicable law and Resolution disputes

10.1 Dispute resolution

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

The Parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or performance of these Terms and Conditions. To this end, the party wishing to implement the amicable conciliation procedure must notify the other party, by registered letter with acknowledgement of receipt, of its intention to implement it, specifying the difficulties of application encountered or the breaches observed.

This amicable settlement procedure is a mandatory prerequisite to any legal action 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.

Failing amicable resolution despite the steps taken, any dispute relating to the performance, interpretation, validity and resolution of the Conditions will 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 within the European Union. The Commission can be accessed via the following link: https://webgate.ec.europa.eu/odr/.

This procedure is free of charge. Customers may, at their own expense, be assisted by the advisor of their choice.

ARTICLE 11 - MISCELLANEOUS CLAUSES

Divisibility If one or more provisions of these GTC are deemed invalid or declared null and void by virtue of a law or regulation, or following a court decision having the force of res judicata, this shall not affect the other clauses of the GTC.

Non-waiver The fact that a Party has not claimed a breach by the other Party of one of the obligations mentioned in these GCS shall not be interpreted for the future as a waiver of the obligation in question.

Partial nullity In the event of a contradiction between a provision of the GTC and a current or future law, ordinance, regulation, court ruling or collective agreement, the latter shall prevail, provided that the provision in question is limited only to the extent necessary to ensure that the other provisions are not affected.

Language of the T&Cs These General Terms and Conditions of Sale and the transactions arising from them are governed by British law. They are written in English and, in the event that they are translated into one or more languages, only the English text will be deemed authentic in the event of a dispute.