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 "Conditions") apply without restriction or reservation to the sale of Site Services. 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 one 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 applicable Conditions 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 Terms of Purchase. The Seller reserves the right to derogate from certain clauses or to establish Special Conditions.

These Conditions come into force on: March 30, 2023.

ARTICLE 1 - DEFINITIONS

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

• "Subscription means the subscription package subscribed to by the Customer on the Site, giving access to the associated services;
• "Customer Customer Rights Act 2022: means 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 information (iii) view their test results;
• "GTC" or "Conditions means the present general 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://persna1.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.

For the purposes of these terms and 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 do not engage the responsibility of the Vendor.

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 as well as all the information listed in Appendix 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 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 must pay for the service in order to receive the results.

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

The customer must take the utmost care when filling in 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 subscribes to a Subscription for the Site's Services (hereinafter, the "Subscription") enabling the Customer to perform as many Personality Tests as he or she 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 forbidden to provide their access codes or account to a third party. Any breach of this provision will render the Customer liable and may result in immediate termination of the Subscription without notice, as well as suspension of access to the Site and 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 24 hours to prevent the Subscription from being launched and to unsubscribe. After this period, the Subscription will be automatically activated.

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.

When creating his account, he will be asked to define a login and a password. The Customer is solely responsible for the security and confidentiality of his 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 personal account.

If the Customer wishes to modify his login details or if he suspects fraudulent use thereof, he must contact the Vendor's customer service department without delay by sending an e-mail 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 access codes 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**

See conditions described in article 2.

**3.2 Contact details

The Customer must then indicate his/her first and last name and the e-mail address to which he/she wishes to receive his/her Test. The Customer must specify 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 accumulated 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 waive his/her 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. After payment, the Customer will receive an email summarizing the order. On receipt of payment, the sales contract is concluded between the Customer and the Vendor.

ARTICLE 4 - Control of orders

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

ARTICLE 5 - PAYMENT TERMS

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 in which the trader provides or undertakes to provide a digital service to the consumer and in which 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 commenced with the prior express consent of the consumer and the recognition 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. He acknowledges having been informed that once the order has been paid for, the Customer accepts that the Service will be launched by the Vendor, that he will have access to the digital content provided by the Vendor (the result of the Personality Test) and, consequently, that the Customer waives his right of withdrawal.

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 performed at least one (1) Personality Test as part of his Subscription (in addition to the initial Personality Test), he waives his 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 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 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 [] hereby notify [] 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. He/she 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 cannot 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 Vendor cannot be held responsible for any interruptions in connection with the terms described in Articles 4 to 8 of the General Terms 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 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 or her test with professionals.

The Vendor cannot 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 cannot be held responsible 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, 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 shall meet to discuss a possible modification of the order.

The time limits stipulated in these GCS 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 English law.

The parties agree to seek an amicable solution to any dispute arising from the interpretation or performance of the present contract. 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 do so, 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 violation 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 Seller'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 In the event that one or more provisions of these GTC are deemed invalid or declared 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.

No waiver The fact that a Party has not asserted a breach by the other Party of one of the obligations mentioned in these GCS shall not be construed for the future as a waiver of the obligation in question.

Partial nullity In the event of contradiction between any provision of the GTC and any present or future law, ordinance, regulation, court ruling or collective agreement, the latter shall prevail, provided that the provision concerned 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 therefrom are governed by English law. They are written in English and, should they be translated into one or more languages, only the English text will be deemed authentic in the event of a dispute.