General Terms

All users of www.mindmisystem.com and of all its related websites, services and/or applications (hereinafter referred to as the “Website”) belonging to Psychometric Systems S.A. (Psychometric Systems) hereby agree to comply with these General Terms of Use for the Website. By accessing and using this Website you agree to be unconditionally bound by these General Terms. If you do not agree to these Terms and to any and all other terms and conditions set out by Psychometric Systems, please do not go on to access the Website and its aforementioned or logically related elements.

By using this Website, you expressly and unconditionally acknowledge and agree to the current form of all the documents which govern the use of this Website and of the contractual terms and conditions stipulated by Psychometric Systems.

For the purposes of these General Terms:

1. “Owner” means Psychometric Systems, a legal entity incorporated under Romanian law, having its registered office located in Cluj-Napoca, at 98-100, Calea Dorobanților, 1^st floor, Olimpia Business Center, Cluj County, Romania, formed with the Cluj Trade Register under no. J12/2335/04.08.2014, tax registration no. RO33448575 and bank account no. RO74CITI0000000755776009 with CITIBANK EUROPE plc Dublin-Romania Branch.
2. “User” means any person (whether private individual or legal entity) that accesses or uses the Website and/or places orders, inputs the data collected by the Psychometric Systems instruments into the web-based application or otherwise interacts with the Website and/or related websites and services.
3. “Website” means the website owned by Psychometric Systems located at www.mindmisystem.com and which ensures the intermediation and management of online purchases and sales of the MindSpring™ scanner, of the value points required to generate the MindMi™ reports and of the use of the MindDeck™ application, respectively of all the afore mentioned or logically related websites and services or applications, belonging to the Owner.

Users have continuous access to these General Terms of the Website, as well as to any and all other terms and conditions which govern the use, presentation, contracting and operation of the Website and therefore are able to read them at any given moment on the Website. Psychometric Systems reserves the full and unrestricted right to vary or amend these Terms and any and all other terms and conditions of use for this Website from time to time, as it may see fit and it is the Users’ responsibility to check these Terms and any and all other additional conditions for possible changes.

Rights to the Website

The Owner holds all legal rights to the graphics, interfaces, presentation and entire content of this Website, including but not limited to images, sound recordings, information about the products and services provided through the Website, as well as any and all other related data, services and applications or various other intellectual property or material elements.

All the aforementioned elements are protected by the copyright, intellectual or industrial property laws in force. It is strictly prohibited under penalty of the law to infringe or attempt to infringe upon the copyrights to the Website and upon any and all other intellectual or industrial property rights of Psychometric Systems, and no part of the content and graphics of the Website may be reproduced, distributed, sold, leased, lent or borrowed, communicated, broadcast, copied, changed, displayed, transmitted or publicly displayed in any way and no derivative materials using the content and layout of the Website may be otherwise created without the express prior written consent of Psychometric Systems. 

 The Owner shall hold all intellectual property rights to the trademarks, applications and data bases displayed on the Website and Users shall observe these rights and refrain from any infringement thereof.

Anything you see or read on this Website shall be deemed to be protected by copyright laws without any further express notice to that effect.

The Website provides access to the MindDeck™ web-based application, which on one hand allows the management of all the services supplied by Psychometric Systems, enabling the efficient handling of the registered user data, the setup and operation according to set parameters of the MindSpring™ hand scanner, and on the other hand the management of the value points required to generate the reports available through the  MindMi™ system, as well as of other related websites and services belonging to the Owner and of the online shopping system for the Psychometric Systems products and services.

ALL THE DATA AND INFORMATION INCLUDED ON THIS WEBSITE, AS WELL AS ANY AND ALL DATA AND INFORMATION CONCERNING THE PRODUCTS AND SERVICES OF Psychometric Systems MAY BE USED BY USERS SOLELY FOR THEIR PERSONAL, NON-COMMERCIAL USE AND NOTHING CONTAINED HEREIN SHALL BE CONSTRUED AS OTHERWISE CONFERRING TO THE USERS A RIGHT TO COPY, TRANSMIT OR EMPLOY SUCH DATA AND INFORMATION IN ANY WAY, RESPECTIVELY CREATING ANY OBLIGATION WHATSOEVER FOR Psychometric Systems.

FURTHERMORE, IT IS STRICTLY PROHIBITED TO USE ANY METHODS TO ALTER THIS WEBSITE / RELATED WEBSITE, THE SERVICES, APPLICATIONS AND PRODUCTS OF Psychometric Systems, BY ANY CYBER PROCESSES OR OTHERWISE OR ANY OTHER MEANS THAT MAY BE IN ANY WAY CONSTRUED AS AN ILLEGAL OR HARMFUL ACTIVITY.

ANY AND ALL OF THE ELEMENTS PERTAINING TO THE MindMi™ SYSTEM, RESPECTIVELY ANY AND ALL ELEMENTS REGARDING THE PRESENTATIONS MADE BY Psychometric Systems, AS WELL AS ANY AND ALL ELEMENTS OF THE PRODUCT/PRODUCTS/APPLICATIONS OF Psychometric Systems, INCLUDING BUT NOT LIMITED TO MindDeck™, MindSpring™,  OR OTHER SIMILAR ITEMS ARE THE SOLE PROPERTY OF Psychometric Systems, AND ANY AND ALL PERSONS ATTEMPTING TO INTRUDE OR ENCROACH, COPY, REPRODUCE OR USE THEM IN AN UNAUTHORIZED MANNER SHALL BE REPORTED AND BECOME LIABLE FOR THE DAMAGES CAUSED.

Purpose of the Website. Disclaimers

This Website endeavors to offer you accurate and up to date information with regard to the products and services supplied and to the manner of contracting them, as well as any information that you may require in order to use the available products and services.

This Website is designed to provide a presentation of the company and of the device / devices / applications manufactured or created by Psychometric Systems, as well as to deliver the company’s services, under objective and confidential terms. Furthermore, the Website is intended to represent an active means for continuous improvement of the marketing and sale of such products and services.

Psychometric Systems shall endeavor to provide current information on its products and services and to keep the content of this Website up to date. The information included on the Website is provided for reference purposes and in good faith, from sources deemed to be trustworthy. Notwithstanding the above, the Owner cannot ensure the information is recent at any given time and does not warrant the Website is error-free but will try to remedy any such errors in the shortest time possible, in order to keep you accurately informed.

Psychometric Systems reserves the right to change, at its sole discretion and without any prior notice the: content, layout and/or structure of the Website, from time to time and without any implied responsibility on its part, and/or these General Terms and/or other Terms and Conditions of Use and Contracting. By continuing to use the Website after such revisions become effective, you agree to be bound by the General Terms and by any other Terms and Conditions of Use then prevailing.

Psychometric Systems makes no warranty in respect to the technical and functional quality of this Website, nor that the Website is free from cyberattacks that might harm it. Consequently, the Owner disclaims any and all liability for the direct or indirect damages or injuries incurred or claimed by you due to any failures in the performance of this Website.

Psychometric Systems retains the right to restrict the access to the Products and Services described on the Website of certain persons or in certain areas / countries.

The Owner further reserves the right to cancel any orders for the Products and Services displayed on the Website if such orders are determined by technical errors or if, due to some technical errors, evidently wrong/ridiculously low prices are displayed for the products (prices which any average buyer can consider being wrong / ridiculously low).

The Owner cannot ensure that the Website, the servers hosting it or the emails sent from the email address/addresses of Psychometric Systems will be free from viruses or contamination or destructive features, that there will be no errors, omissions, failures, delays or interruptions in operation or transmission, communication line failures or any other similar factors.

This Website may contain links to other sites whose use is governed by specific terms and conditions, as expressly stipulated on such linked sites. Psychometric Systems is not responsible for and therefore disclaims all liability with regard to the content of the linked sites or any other links included therein. These linked sites are provided solely for your convenience and Psychometric Systems neither endorses the content available on / via these linked sites or networks, nor associates with their operators. You access these linked sites and use their products and services exclusively on your behalf.

You acknowledge that you are using the Website at your own risk. Psychometric Systems shall be held harmless from any liability for possible direct or indirect damages due to your use of or access/visit to this Website or arising out of your use of the information provided in it. Furthermore, Psychometric Systems shall not be accountable for any potential losses incurred by you due to certain decisions made based on information found on the Website.

Business Relationship with Psychometric Systems

With respect to the business and contractual relationship between you, as User, and Psychometric Systems, as Owner, in connection to the purchase of the Owner’s products and services, respectively the pre-contractual matters of commercial presentation and promotion, these General Terms of Use shall be supplemented with the provisions of the Terms and Conditions for marketing and commercial transactions set out by Psychometric Systems. The latest version posted on the Website shall always prevail, including in regard to any ongoing contractual relationships, and is subject to change by Psychometric Systems, at its sole discretion and at any time.

In the event of any discrepancy between these General Terms of Use for the Website and the Terms and Conditions for marketing and commercial transactions of Psychometric Systems, the general provisions herein shall apply, and in case of any subsequent special clauses, the latest version adopted by Psychometric Systems shall prevail.

Psychometric Systems has an unrestricted and unconditioned right to vary or amend, in any way sees fit, the manner in which it conducts business with third parties and users, both with regard to the use of this Website, as well as to related sites, services provided, products and applications sold, and consequently any expression of its will to that effect shall be deemed as an endorsement from all users who enjoy the products and services of Psychometric Systems.

In no event shall Psychometric Systems’ liability for claims exceed the purchase value of the product involved in a prejudicial occurrence, respectively the value of the service involved in such prejudicial occurrence and Psychometric Systems shall in no way be held accountable for any indirect, consequential, incidental or punitive damages arising out of or in connection to the business relationship conducted with you and you hereby acknowledge and agree to the limitation of liability to the value of the product or service subject to prejudice.

User Account, Safety and Privacy in the Relationship with Psychometric Systems

To enjoy the facilities provided by Psychometric Systems and the MindMi™ System you must create an account on the Website and you shall be solely and fully responsible for maintaining the confidentiality of all the data and information related to your account and your use of it. You hereby agree to immediately report to Psychometric Systems if you notice any unauthorized strange activity on your account, regardless of the degree of security breach, warranting that all the account-related credentials are under your complete control and assuming full responsibility for any security breach caused by your mere carelessness or any interactions with third parties. To this effect, Psychometric Systems shall not bear any responsibility whatsoever in regard to any alteration of the content or operation of your user account.

You further acknowledge and agree that Psychometric Systems cannot ensure the complete security and confidentiality of your Internet usage, even in respect to encrypted information, such as for instance online payments or data storage and transmission. For these purposes, you accept the fact that in no way shall Psychometric Systems be held accountable for external intrusions and attacks on your account and data or information related to your use of the MindMi™ System.

Moreover, you agree to the disclosure of any and all user-related data, including user identity, as will be required from time to time, in order to comply with the applicable regulations in force or upon the legitimate request of any relevant authorities. Psychometric Systems may, in its sole discretion, without prior notice or specific explanation, terminate your right to use the Website and the facilities of the MindMi™ System for causes which include, but are not limited to your violation of the Terms and Conditions of Use set out by Psychometric Systems, your bad faith actions or upon requests by any relevant authorities, without being in any way liable to you for such termination of access. You are also entitled to initiate yourself a request to terminate your access to the MindMi™ System.

Furthermore, if you engage in any behaviour construed as being harmful to Psychometric Systems, you will become liable for any and all direct and indirect damages thus caused.

THE RIGHTS AND OBLIGATIONS OF THE PARTIES, AS WELL AS ANY AND ALL LEGAL EFFECTS DERIVED FROM THE USE OF THIS WEBSITE SHALL BE INTERPRETED AND GOVERNED IN ACCORDANCE WITH THE ROMANIAN LAW IN FORCE. THESE GENERAL TERMS OF USE FOR www.mindmisystem.com SHALL BE ACCORDINGLY SUPPLEMENTED BY ALL OTHER REGULATORY DOCUMENTS ISSUED BY Psychometric Systems, WITH IMMEDIATE EFFECT.

Any requests for additional information, inquires or otherwise by third parties or users must be submitted in writing by regular mail to the offices of Psychometric Systems S.A., or by email at contact@psychometricsystems.com.

The Psychometric Systems S.A. operators are available for direct contact either at +40 770 800 101 or via the Website’s messaging service from 07 to 15 UTC, Monday to Friday, except on any Romanian public holidays.