Owiwi's Website Terms of Use

Last updated on 01/11/2016

1. Introduction

Welcome to Owiwi’s website, a website administrated by OWIWI P.C., a
Greek company, under G.E.MI. Reg. No: 131688201000, which is mainly
activated in serious games’ software production and development and in
general in the fields of optimization of serious gaming techniques. Following
the above – mentioned field of activity, Owiwi provides consulting services on
development, education and human resources evaluation issues and gives
you access to certain recruitment management services through the herein
website www.owiwi.co.uk (the “Website).
By having access and / or using Owiwi’s website, services or any applications
(including mobile applications) made available or accessed by Owiwi, you
acknowledge that you have read, understood and agree to be bound, by
these Terms of Use, including any additional guidelines and / or any future
amendments (collectively, the “Terms”). Whether you act on your behalf or on
behalf of a Company / Business / Organization, you acknowledge and agree
that by clicking on “I accept” you agree that either you or the Company /
Business / Organization you are acting for, agree to be bound by these
Terms. By accepting these Terms, you declare to be an adult aged 18 years
old or, in case you are under 18 years old, you declare that you have received
parental consent and that you are able to provide your parents’ data, if you
are requested to do so. Those with parental authority should protect juveniles
from accessing and using websites that appeal to adults and are the solely
responsible for it.
These Terms affect your legal rights and obligations. If you do not agree to
be bound by all these Terms, do not access or use Owiwi’s website and
its services.

2. Registration & Services

(a) In order to have access and be able to use Owiwi’s services you should
have internet access and the appropriate telecommunication connections.
(b) The services provided mainly include the following features:
● The provision of a game – based assessment tool.
● The ability to assess users either by direct access from the platform, or by
inviting new users to participate.
● The ability to view and download Reports through the platforms
dashboard.
● The ability to manage and administrate candidates relative to the use of
the assessment tool and the Report.
● Live monitoring metrics relative to the usage of services (assessments).
● The ability to add notes to a candidate’s profile.
● The ability to shortlist favorite candidates.
● The ability to add a rating to preferred candidates.
● The ability to create and manage “Job Positions” to help categorize
prospective candidates and their assessment results.
● The ability to change subscription plans and packages.
(c) In order to use Owiwi’s services, you have to be a registered member by
creating an Owiwi Account.
(d) Owiwi Accounts may be created either by Individuals or by Companies /
Businesses / Organizations (collectively, “Owiwi Account Holders” or
“You”).
(e) All Companies / Businesses / Organizations should be expressly
authorized by their employees or candidate employees (collectively, the
“Candidate/s”) to give any kind of data, even personal data, concerning
them and is requested by Owiwi as well as to inform them about the
present Terms. Companies / Businesses / Organizations are solely
responsible for taking their employees’ consent and Owiwi has no liability
about it.
(f) You are able to create an Owiwi Account either manually or via Linkedin.
In case of registration via Linkedin, all information will be drawn through
the use of an Application Programming Interface (API) but you may be
requested to fill in additional information before being provided with
access to Owiwi’s platform.
(g) Once an Owiwi Account has been created you have to disclose certain
information of yours as per our Privacy Policy, section 2.
(h) After completing the online registration form on the Website, Owiwi shall
send you a confirmation e-mail (“Confirmation E-mail), once it has been
accepted and confirmed your registration.
(i) Upon your registration to Owiwi’s platform, there are two (2) methods of
playing the Game:
● as an Individual, you can play the Game for free and straight from the
dashboard. Upon the completion of the Game, you can read your Owiwi
Personal Report directly on the platform. You are able to share your
results on social media or forward those to a third party but only for
personal reasons and never for commercial reasons, otherwise Owiwi
reserves all its legal rights against you. You can replay the Game after six
(6) months upon the date of your previous play.
● as a Company’s / Business’s / Organization’s Candidate, you receive an
e-mail through which you can actually access the Game. The link by which
you can access and play the Game is allowed to be used only by you and
no one else. This link shall not be shared, forwarded or notified to any
other natural or legal person apart from you without the prior written
consent of Owiwi. In any other case, and if the aforementioned are
infringed, Owiwi holds all legal indemnification rights against you. When
you finish the Game, you can read your Owiwi Personal Report directly on
the platform.You can replay the Game after six (6) months upon the date
of your previous play.
(j) The services provided via Owiwi’s website or via any application (including
mobile applications) made available or accessed by Owiwi are intended
only for personal use and you are not allowed to sell/resell these services
to any third party or in general to economically exploit those for any
reason without the express written approval of Owiwi.
(k) You are solely responsible for keeping your Owiwi’s Account password
secret and secure.
(l) If you believe that an unauthorized person has violated your Owiwi’s
Account password, you must notify us as soon as possible by e-mailing us
at support@owiwi.co.uk.
(m)You are not allowed to create more than one Owiwi Account.
(n) You must not create an Owiwi Account through unauthorized means,
including but not limited, by using an automated device, script, bot, spider,
crawler or scraper.
(o) Your use of the services provided does not prevent Owiwi from allowing
others to use the services provided too.
(p) Owiwi reserves the right to conduct verification and security procedures in
respect of all information provided by you. If Owiwi has reason to believe
that the information provided by you to register and use any of the
services breaches or is likely to breach any of the provision in these
Terms. Owiwi, at its sole discretion, may take any action that it deems
appropriate including without limitation, to deactivate your Owiwi Account.
(q) You can deactivate your Owiwi Account at any time by sending us an
e-mail at support@owiwi.co.uk, but all information and content that have
already been provided to us may be persist and appear within our platform
and will be handled according to our Privacy Policy.
(r) You can deactivate your Owiwi Account at any time by sending us an
e-mail at support@owiwi.co.uk, but the already paid fees are non –
refundable.
(s) The right of terminating your Owiwi Account will not damage any other
right or mean of compensation and / or restoration which Owiwi may have
regarding any violation of the rights, the liabilities or responsibilities which
existed prior to termination.

3. Free Trial Period & Fees

(a) Individuals are allowed to play the Game for free once every 6 months.
(b) The free trial period for Companies / Businesses / Organizations is ten
(10) days upon their registration and is only for fourteen (14) games. Each
Game corresponds to a different Candidate. After the expiry of the free
trial period, Companies / Businesses / Organizations have to pay the
relevant fees, depending on the number of games they wish to buy, in
order to keep having the opportunity to play the Game and having access
to their Owiwi Account and thus to the personal data that have been
provided to us since then. So, all Owiwi services will be suspended until
recharge. Otherwise, their Owiwi Account will be shut down and then the
Companies / Businesses / Organizations: (i) will not be able to invite their
Candidates to play the Game, (ii) will not have access to their Owiwi
Account and (iii) all the personal data that had been processed by us
since then belong to Owiwi, and will be handled according to our Privacy
Policy.
(c) Upon the payment of the relevant fees, – Companies / Businesses /
Organizations receive the Confirmation E-mail and then they have access
to the platform so they can invite their Candidates to play the Game
(d) The payment of the relevant fees is the prerequisite for playing the
Game/s. Fees are always paid in advance.
(e) Companies / Businesses / Organizations can pay their purchase of
Game/s via a credit, debit or prepaid card.
(f) Once you submit your credit, debit or prepaid card details, you guarantee
that you are the lawful owner of the credit, debit or prepaid card you use in
order to make the purchase from Owiwi’s website. In case you are not the
lawful owner of the credit, debit or prepaid you use in order to make a
purchase from Owiwi’s website, Owiwi is not liable against the legitimate
owner of the credit, debit or prepaid card that has been used for any
purchase from Owiwi’s website.
(g) When your prepaid Games have been consumed by Candidates you have
invited through the platform, we will notify you that you have depleted all of
the available resources. Moreover, you will also be notified that you have
the ability to purchase either a new plan or to contact us through our
platform to request a custom plan.
(h) All mentioned fees are exclusive of VAT and all other taxes or duties, and
are non – refundable for any reason whatsoever.
(i) In case of deactivation of your Owiwi Account by sending us an e-mail at
support@owiwi.co.uk., the already paid fees are non – refundable.

4. Data Policy

(a) By creating an Owiwi Account, it means that either yourself or a
Candidate, will play the Game. In that case, you are asked to provide us,
either as an Individual, Candidate or Company / Business / Organization,
with certain types of personal data as per our Privacy Policy, Section 2.
(b) You warrant and represent that all data provided, either by yourself as an
Individual or a Candidate or by a Company / Business / Organization, is,
and at all other times will be, true, accurate, current and complete and you
agree to update such information as it is necessary to maintain its truth
and accuracy.
(c) You acknowledge that Owiwi does not have any control of and therefore
cannot reasonably accept any liability in respect of the truth and accuracy
of the information provided by you.
(d) Owiwi is not liable for the deletion, correction, alteration, destruction,
damage, loss, disclosure or failure to store any data using the services
provided.
(e) You hereby grant Owiwi a perpetual, royalty – free, worldwide and
irrevocable license to use any content provided by yourself or by a
Company / Business / Organization ,as per our Privacy Policy, Section 2,
and to display the results of your Game on Owiwi’s Account Holders’
dashboards in Owiwi’s platform.
(f) While you are providing us, either by yourself as an Individual or a
Candidate or by a Company / Business / Organization, l any kind of data,
you are expressly giving us the permission to handle them according to
our Privacy Policy, by clicking the box “I accept”.
(g) The use, disclosure and transfer of personal data provided to us is as per
our Privacy Policy, Sections 6,7 and 5 respectively.

5. Obligations & Rights

(a) You should at all times use Owiwi’s website, services or any applications
(including mobile applications) made available or accessed by Owiwi in
accordance with these Terms.
(b) You may not use Owiwi’s website, services or any applications (including
mobile applications) made available or accessed by Owiwi for any illegal
or unauthorized purpose.
(c) You agree that you will not solicit, collect or use the login credentials of
other Owiwi Account Holders.
(d) You must not attempt to restrict another Owiwi Account Holder from using
or enjoying Owiwi’s website, services or any applications (including mobile
applications) made available or accessed by Owiwi and you must not
encourage or facilitate violations of these Terms.
(e) You must not sell, transfer or sub-license your access to Owiwi’s website
services. You will not, and will not allow anyone else to: (i) attempt to
copy, modify, duplicate, create derivative works from, frame, mirror,
republish, download, display, transmit or distribute all or any portion of the
services provided, as applicable, in any form of media or by any means,
(ii) use any robot, spider, site search or retrieval application, or any other
device to copy, retrieve, archive or index any portion of the Website that
requires authentication or is disabled by specification given in
http://www.owiwi.co.uk, (iii) attempt to reverse compile, disassemble,
reverse engineer or otherwise reduce to human-perceivable form all or
any part of the services provided, (iv) access all or any part of the services
provided in order to build a product or service which competes with our
services or use or attempt to use the services to directly compete with us.
(f) You agree that you allow Owiwi, for marketing reasons, to advertise the
fact that you use Owiwi’s services. We may use your name, logo and
trade marks in our publicity or marketing materials and you grant us all
rights necessary to do this. You may withdraw this permission at any time
by e-mailing a withdrawal request to support@owiwi.co.uk.
(g) You agree to comply with all Greek and European laws (and copyright
laws), rules and regulations applicable while you access and / or use
Owiwi’s website, services or any applications (including mobile
applications) made available or accessed by Owiwi.
(h) As on Owiwi’s website are providing more than one services, we may ask
you to review and accept supplemental terms that apply to your interaction
with a specific service.
(i) For the avoidance of doubt, Owiwi’s obligations shall be limited only to the
provision of services and do not in any way include acting on your behalf.
Nothing in these Terms is intended to, or shall be deemed to, establish
any partnership or joint venture between you and Owiwi, appoint either
party as the agent of the other, nor authorize either party to make or enter
into any commitments for or on behalf of the other party.
(j) Owiwi may from time to time add, modify, suspend or cease (temporarily
or permanently) the provision of any element of the services provided
without your prior written notice.
(k) Owiwi has the right to change at any time, without justification and without
prior notice, partially or in total, the herein Terms as well as the provided
services and applications.
(l) Any amendment in these Terms of Use will be valid once the amended
Terms of Use are uploaded in Owiwi’s Website.
(m)We recommend you to visit regularly the herein section of Owiwi’s Terms
in order to be informed about all the modifications that have been made. If
you continue accessing and / or using Owiwi’s website, services or any
applications (including mobile applications) made available or accessed by
Owiwi, it is undoubtedly assumed that you accept such modified Terms
and consent, condone, agree and approve them.

6. Cookies

(a) Owiwi may collect identification data of you by using technologies such as
cookies. Cookies are small text files stored in yours hard drive and do not
acknowledge of any document or file of his computer. They are used to
facilitate your navigation regarding the use of specific services and for
statistical reasons and in order to define useful or popular areas.
(b) You can adjust your web browser in such a way that you can be notified
for the use of cookies in specific services or not to allow acceptance of the
use of cookies in any way. In case you do not wish the use of cookies for
your identification, you may not have further access into specific services.

7. Intellectual Property

(a) You ensure you that the use of Owiwi’s website, services or any
applications (including mobile applications) made available or accessed by
Owiwi, including without limitation, the submission of any information,
data, images, videos, audio, files: (i) comply with all applicable laws and
legislations, (ii) do not infringe any intellectual property rights or other
proprietary rights of any third party, (iii) is not offensive, inflammatory,
defamatory, obscene, illegal, threatening, hateful, or inappropriate in any
way.
(b) Any media, medium, recommendations and comments which is
broadcasted or uploaded or submitted to Owiwi’s website by you, will be
considered (and Owiwi will treat it as) non – confidential and public.
(c) You hereby grant Owiwi, a perpetual, sub-licensable, worldwide, royalty
-free license to publish and make available on Owiwi’s website your
information, Openings and all other information and media, medium,
recommendations and comments provided by you in respect of the
services provided.
(d) You hereby indemnify Owiwi against all losses, liabilities, costs and
expenses (including but not limited to legal costs) arising from or incurred
by reason of any infringement of any intellectual property right by the use
or possession of your information, Openings, and all other information and
material provided by you.
(e) Owiwi owns all rights in the intellectual property rights (IP Rights) relating
to the Website and its services, including but not limited to all software
forming part of the website (“Software”). Those works are protected by
copyright laws and treaties around the world.
(f) You are forbidden to: (i) modify, translate, create or attempt to create
derivative copies of or copy the Software or the Website in whole or in
part, (ii) reverse engineer, decompile, disassemble or otherwise reduce
the object code of the Software or the Website to source code form, (iii)
distribute, sub-license, assign, share, timeshare, sell, rent, lease, transmit,
grant a security interest in or otherwise transfer the Software or the
Website for your benefit.
(g) Owiwi’s own content is protected by copyright, trademark, patent, trade
secret and other laws and legislations and, as between you and Owiwi,
Owiwi owns and retains all rights of its content, services or applications.
(h) Every intellectual property right (including but not limited all the patents,
trademarks, commercial marks, service marks, trade names, designs,
pictures, photos as well as the look and aesthetics and other visual or
non-literal elements (registered or not) of Owiwi’s website and its services,
the informative content which is uploaded to Owiwi’s website and / or is
accessed as part of its services, any database operated by Owiwi as well
as the total of the designs, texts and graphics of Owiwi’s website,
software, photos, music, sound and options and their arrangement and
every software translation, the subject source code and the software
(including but not limited assistant applications “applets” and script files)
will remain to the property of Owiwi. It is not allowed to obtain any title to
these intellectual property rights or to attempt such an act. All rights
reserved.
(i) Reproduction, redistribution, copy, re-formation, disclosure, distribution,
republication, reception, appearance, taking screenshots, upload or
broadcast of the material available in Owiwi’s website is not allowed in any
way by any means, neither is allowed to sell, rend or assign secondary
license, its use for the creation of other works or its exploitation by any
means without the prior written consent of Owiwi. However, it is allowed to
recover and to view the content of Owiwi’s website onto a computer’s
screen, to electronically save the said content into a disk (but not in any
other server or other storing device connected to a network) or to print a
copy of the said content for your personal, non-commercial use under the
condition that you will preserve intact any note on intellectual property
rights and exclusive exploitation. Otherwise it is not allowed to reproduce,
take screenshots, modify, copy or distribute or use for commercial
purposes the elements of the material or of the content in Owiwi’s website
without our permission.
(j) Any intellectual and industrial property right as well as any right (including
but not limited surplus value and, where applicable, trademarks)
concerning the name and distinctive title belongs to Owiwi.
(k) All comments, proposals, ideas, notes, designs, pictures, photographs,
concepts or other information which: (i) are shared or offered to Owiwi by
your part or (ii) constitute a reply to invitations by Owiwi regarding its
services and / or the website (called “Concepts”) will be considered as
property and will remain to the property of Owiwi and every intellectual
property right on the concepts is hereby assigned through present and
future assignments to Owiwi.

8. Limitation of Liability

(a) You agree that you are solely responsible for all charges you incur by
accessing and / or using Owiwi’s website, services or any applications
(including mobile applications) made available or accessed by Owiwi.
(b) Owiwi is not liable for any telephone, telecommunication or any other kind
of cost that may occur. Owiwi relies on other service providers (such as
network providers, data centers, telecommunication providers) to make its
website and services available to you. Whilst Owiwi takes all reasonable
steps available to provide you with a good level of service, Owiwi does not
guarantee that such service shall be fault free or uninterrupted at all times.
Owiwi therefore shall not be liable in any way for any losses you may
suffer as a result of delays or failures of Owiwi’s website and its services
provided as a result of Owiwi’s service providers.
(c) Owiwi does not guarantee that its website, services or any applications
(including mobile applications) made available or accessed by Owiwi will
be provided without interruption and / or without errors, since the
uninterrupted access and navigation to the website depends on various
factors which cannot be always controlled by or depended on Owiwi.
Moreover, Owiwi does not guarantee that its website, services or any
applications (including mobile applications) made available or accessed by
Owiwi or any other relative page or the servers through which these pages
are being available to you do not contain viruses or other malicious data.
Owiwi does not guarantee in any way the correctness, completeness and /
or availability of the contents, pages, services, options or their results. The
cost of possible repairs or services which you may be charged by viruses
or other malicious data will be borne by you and in no way by Owiwi.
(d) Taking into consideration the nature and the volume of the Internet, Owiwi
is not responsible in any way, including the case of negligence, for any
form of damage (direct, indirect, incidental, coincidental, consequent) you
may suffer from Owiwi’s website, services or any applications (including
mobile applications) made available or accessed by Owiwi into which you
proceed on your own initiative. The above – mentioned are provided
without any guarantee expressed and / or subsequent in any way. Owiwi
does not guarantee that its website, services or any applications (including
mobile applications) made available or accessed by Owiwi, the servers
and the electronic messages which may be sent to you do not contain
viruses or other malicious data.
(e) You are solely responsible for your conduct and any, including but not
limited, data, text, files, information, usernames, images, graphics, photos,
profiles, audio and video clips, sounds, musical works, works of
authorship, applications, links and other content or materials (collectively,
“Content”) that you submit, post or display on or via Owiwi’s website.
(f) On Owiwi’s website, services or any applications (including mobile
applications) made available or accessed by Owiwi, there may be content
of third party websites and to resources provided by third parties, web
services or features, applications, links to third party websites,
applications, web services or features or even the permission to interact
with third party websites, web services or features.
(g) Owiwi does not control any of these third parties’ websites, web services
or features and is not aware of their availability, content, personal data
privacy policy, quality and fullness and is not aware if there are charges or
not. You expressly acknowledge and agree that Owiwi is in no way
responsible or liable for any such third party websites, web services or
features. Your interaction in any way with these third party websites, web
services or features is at your sole and absolute discretion and risk and
Owiwi has no responsibility and liability about it.
(h) In case you are not the lawful owner of the credit / debit / prepaid or other
type of card you use in order to make a purchase from Owiwi’s website,
Owiwi and its collaborators and partners are not liable against the
legitimate owner of the credit / debit / prepaid or other type of card it has
been used for any purchase from Owiwi’s website.
(i) Under no circumstances is Owiwi and its collaborators and partners liable
to you for any loss or damages of any kind (including without limitation, for
any direct, indirect, economic, exemplary, special, punitive, incidental or
consequential losses or damages) that are directly or indirectly related to
Owiwi’s website, its content, services or any applications (including mobile
applications) made available or accessed by Owiwi, any action taken in
connection with copyright or other intellectual property rights, delay in
operation or transmission or any kind of malfunction.
(j) Under no circumstances is Owiwi and its collaborators and partners liable
to you for your decisions which may be relied on your Owiwi Personal
Report as Owiwi is only a data processor and not a data controller, just
displaying the information provided by you.
(k) Under no circumstances is Owiwi and its collaborators and partners liable
to you for any dispute which may be arisen between you and a Candidate.
You agree that Owiwi is not liable for any loss or damage suffered by you
resulting from any such dispute and you hereby release and hold
harmless Owiwi from any such loss or damage or any liability in relation to
any such dispute.
(l) Under no circumstances is Owiwi and its collaborators and partners
responsible whether you managed to get a job or not as it is a matter that
rests exclusively upon you.

9. Breach of Terms

(a) It is forbidden to violate or try to violate the safety of Owiwi’s website,
services or any applications (including mobile applications) made available
or accessed by Owiwi.
(b) Violation of these Terms may, in Owiwi’s sole discretion, result in
termination of your Owiwi Account. You understand and agree that Owiwi
cannot and will not be responsible for all kind of information and content
provided by you and you use Owiwi’s website, services or any applications
(including mobile applications) made available or accessed by Owiwi at
your own risk. If you violate the letter or spirit of these Terms, or otherwise
create risk or possible legal exposure for Owiwi, we can stop providing
access, in total or partial, to Owiwi’s website, services or any applications
(including mobile applications) made available or accessed by Owiwi to
you.
(c) The violation of the above – mentioned security rule may lead to civil and /
or penal prosecution. Owiwi will investigate the incidents that possibly
relate to the violation and is enabled to cooperate with Police forces
related to this kind of violations.
12
(d) Owiwi will fully cooperate with any Law Enforcement Authorities and will
comply with a court order which will ask or instruct Owiwi to notify the
identity or to locate the violator of these Terms. The list of reasons of
violation of these Terms is indicating but not restricting.
(e) You fully understand and accept that you have the exclusive responsibility
to compensate Owiwi and any of Owiwi’s collaborators, partners and
cooperating companies for any damage occurred to Owiwi and / or to
Owiwi’s collaborators, partners and cooperating companies due to the
illegal use and / or misuse of Owiwi’s website, services or any applications
(including mobile applications) made available or accessed by Owiwi, by
violating these Terms.
(f) With these Terms you agree to fully preserve Owiwi as well as Owiwi’s
collaborators, partners and cooperating companies intact from any
offence, demand or claim and to bear on behalf of Owiwi any judicial and
legal costs which may arise upon violation of the content of these Terms
as well as upon violation of third parties’ rights during the use or
navigation of the Website by your part.

10. Disputes

(a) Any dispute arisen between you and Owiwi, will first be attempted to be
resolved in an amicable way.
(b) Otherwise, the relevant claim must be filed within one (1) year after such
claim arose, or your claim is permanently barred.
(c) The competent Law is the Greek Law and the Courts of Athens have the
exclusive jurisdiction.
(d) In all cases, you waive your right to participate in a class action lawsuit.
(e) If anyone brings a claim against us related to your actions, content or
information provided by you to us, you will indemnify and hold us harmless
from and against all damages, losses and expenses of any kind (including
reasonable legal fees and costs) related to such claim.
(f) If any provision of these Terms is found by a Court of competent
jurisdiction to be invalid or otherwise unenforceable, you nevertheless
agree that such portion will be deemed severable from these Terms and
will not affect the validity and enforceability of the remaining provisions,
and the remaining provisions of the Terms remain in full force and effect.
Neither the course of conduct nor trade practice will act to modify these
Terms. These Terms do not confer any third party beneficiary rights.

11. Contacting us

If you have any questions or concerns, you may contact us at:
OWIWI PRIVATE COMPANY
5 Ximarras str., 151 25 Marousi
Athens, Greece