Terms and Conditions
In the following Terms and Conditions, the terms “we”, “us” and “our” refer to FCLRC, LDA.
By selecting and ordering any of the products and/or services, you indicate your agreement to the following Terms and Conditions which are to govern our supply of our products and services to you.
Our products and services
Our products and services consist of:
- Reports, including:
- DISCcompass™ – Identify Behavioral Styles – how you behave
- PASSIONcompass™ – Identify Motivational Styles – why you behave this way
- JUDGEMENTcompass™ – Identify Thinking Styles – how you make decisions
- Emotional Intelligence (EIQ) – Identify E-IQ Styles – How you understand others
- 360 Leadership assessments – Identify others view your competencies as a leader
- Services, such as training programs or workshops, including the DISCcompass™ Practitioner Training Program, and Workshop – Improving Team Communication And Performance With DISCcompass™, which may involve the provision of Reports as well as the provision of certain services.
Delivery of our products and services to you
Delivery Policy (for Reports and similar stand-alone products)
Upon receipt of your order and payment, you will either be prompted to begin your assessment immediately or you will receive an e-mail from us with instructions to complete your assessment. If you are prompted to begin your assessment immediately, your initiation of the assessment will constitute delivery to you of the item(s) you purchased.
If you receive an e-mail from us with instructions to complete your assessment, the receipt by you of the e-mail will constitute delivery by us to you of the item(s) you purchased.
In case you are unable to start the assessment for the item(s) you purchase or you do not receive an e-mail from us with instructions to complete your assessment, you must contact us within 5 days from the date of your order. If you do not contact us within 5 days from the date of your order, the item(s) you purchased will be considered received and delivered to you.
Delivery Policy (for Services)
Upon receipt of your order and payment, the services will be performed to you in accordance with the proposal accepted by you.
Returns
If you are not 100% satisfied with your purchase, within 30 days from the purchase date, we will fully refund the cost of your order, deducting any costs we might incur by doing so.
To be eligible for a return, your item must be unused and in the same condition that you received it, in the case of reports, to be eligible for a refund for reports, you must have not started the respective assessment. Once you have started the assessment, we consider that you have used the product.
To be eligible for a refund for consultation services you must request the refund before using any of the consultations.
To complete your return, we require a receipt or proof of purchase.
Disclaimer
You agree that we provide the products and services without any representation or warranties of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, regarding any product or service. You assume full responsibility, and neither we nor our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors (our Related Parties) shall be liable, for: (i) your use and application of any product or service , (ii) the adequacy, accuracy, interpretation or usefulness of any product or service, and (iii) the results or information developed from your use or application of any product or service.
To the extent permitted by law, you waive any claim or rights of recourse on account of claims against us our Related Parties, either in your own right or on account of claims against us or our Related Parties by third parties. You shall indemnify and hold us harmless against any claims, liabilities, demands or suits of third parties.
The foregoing waiver and indemnity shall apply to any claims, rights of recourse, liability, demand or suit for personal injury, property damage, or any other damage, loss or liability, directly or indirectly arising out of, resulting from or in any way connected with any product or service, or the use, application, adequacy, accuracy, interpretation, usefulness, or
management of any product or service, or the results or information developed from any use or application of any product or service, and whether based on contract obligation, tort liability (including negligence) or otherwise.
Limitation of liability
In no case shall we or our Related be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the products or services we provide, or for any other claim related in any way to your use of any products or services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the products or services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
In no event will we or our Related Parties be liable for any claim against you by a third party, even if one or more of us or our Related Parties has been advised of the possibility of such damages.
In no event shall the total collective liability of us or our Related Parties for any claim arising out of or related to these Terms and Conditions, regardless of value or nature, exceed the total amount paid by you to purchase the goods or services the subject of these Terms and Conditions. The limitation shall not apply to damages that are directly attributable to any willful misconduct.
Trademarks and copyright
All of our products and services are protected by copyright, trademark, and other laws and may not be used, published, copied, altered or imitated in whole or in part without our valid and specific prior written agreement to do so.
No waiver
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
Entire Agreement
These Terms and Conditions constitutes the entire agreement and understanding between you and us in respect of our supply to you of our products and services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.
Governing law
You agree that these Terms and Conditions shall be governed by, and construed in accordance with, the laws of Portugal.
Dispute Resolution
Any dispute arising out of or in connection with these Terms and Conditions shall be exclusively resolved by arbitration seated in Lisbon, Portugal. The language of the arbitration will be Portuguese, and any hearings shall be held in Lisboa – Portugal.
Severability
If any portions of these Terms and Conditions are determined to be invalid or unenforceable, the remaining portions shall nevertheless remain valid and enforceable.