Preamble

Last updated on: 26 March 2024

JMM PUBLISHING LTD
167-169 Great Portland Street W1W 5PF London
Company number 12642117 and VAT. GB 364 3536 90

These General Terms and Conditions of Sale (hereinafter referred to as the "Conditions") apply unconditionally and without reservation to all sales of Services offered on the Site. https://convert33.com/ (hereinafter referred to as the "Site"), and establish the rights and obligations of JMM PUBLISHING LTD (hereinafter referred to as the "Seller" or "JMM PUBLISHING LTD") and the Customer (hereinafter referred to as the "Customer"). It is possible to consult the Conditions on the Site and/or they may be made available to any User.

All Customers and Users acknowledge and accept that placing an order for Services with the Vendor implies unreserved acceptance of the Conditions. They certify that they have read the Conditions before placing any order. The current version of the Conditions is the only version binding on Customers and Users of the Site:

For the duration of use of the Site and until a new version replaces them, JMM PUBLISHING LTD reserves the right to modify these Conditions at any time without prior notice to Users and Clients, the applicable Conditions being those online at the time the Order is placed.

For all subscriptions to the Seller's Products and Services, the Conditions take precedence over any other document issued by JMM PUBLISHING LTD or over any other General Conditions of Purchase. The Seller reserves the right to depart from certain clauses of these Conditions or to establish Special Conditions.

These Terms and Conditions came into force on 26 March 2024.

Article 1 - Glossary

In these Conditions, the following terms are defined as follows:

"Subscription refers to the package subscribed to by the Customer on the Site and providing the associated services.

"Customer In accordance with the provisions of the preamble to the Consumer Rights Act 2022, means a 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) consult their test results.

"GENERAL TERMS AND CONDITIONS OF SALE or "Conditions" means these general terms and conditions of sale.

"Order 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://convert33.com/ operated by the Seller and made available to the User.

"Rates refers to the price applicable to the Subscription communicated to Customers via the Site before the order is validated.

"User refers to any user of the Site.

In these terms, 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 Initial provisions

The Services available for order on the Site are those which are accurately presented and described on the Site. Although the Services are described and represented as faithfully as possible, the Seller cannot be held responsible for any errors or omissions in this presentation. The images accompanying the descriptions of the Services are not contractual and shall not incur the liability of the Seller.

### 2.2 Pre-contractual information

Before placing the order and entering into the contract, the Customer acknowledges having received these general terms and conditions of sale and all the information listed in Schedule 3 of the Consumer Rights Act 2022 in a clear and comprehensible manner.

The following information is provided to the Customer in a clear and intelligible manner:

• The main characteristics of the goods, digital content, digital services or services,
• The precise price of goods, digital content, digital services or services,
• If the contract includes a subscription, the total cost for the billing period.

### 2.3 Services and Products

The Customer may purchase various Products via the Site, the list and specifications of which are available for consultation on the Site.

The Site offers Users the opportunity to take personality tests, which can be accessed either by creating a customer account or by using the "guest" mode.

To access the results after completing the questionnaire, the Customer must pay for the service.

The results of the IQ test are then sent to the Customer by e-mail.

It is imperative that the Customer answers the personality questionnaire carefully and accurately. No rectification or new report will be possible in the event of inaccurate or incomplete answers.

### 2.4 Subscription

By using the converter (article 2.3), the Customer automatically subscribes to the Site's Services (hereinafter referred to as "the Subscription"), which enables him/her to carry out an unlimited number of Personality Tests. All the results are sent by e-mail and can be accessed via the Customer Account.

Subscriptions are personal and non-transferable. Customers are strictly forbidden to share their access codes or their account with third parties. Any breach of this rule may result in legal action and immediate termination of the Subscription without notice, as well as compensation in favour of the Vendor.

The Subscription is activated as soon as the account is created - following the order of the first IQ Test - after a 24-hour trial period. The Customer therefore has 24 hours to cancel this Subscription before it is automatically activated.

Subscriptions are taken out for a period of one (1) month and are automatically renewed each month. Any Customer wishing to unsubscribe may do so at any time via the "Unsubscribe" tab to cancel their Subscription. The Subscription will be cancelled at the end of the current month, each month started being due.

### 2.5 Creating a Customer Account

To order the Services on the Site, the User may create a customer account or place an order as a "Guest". However, as soon as a Customer orders the results of an IQ Test, a customer account is automatically generated for them on the Site.

When creating an account, the Customer will be asked to provide login details and a password. The Client is solely responsible for the security and confidentiality of his/her login details and must immediately inform JMM PUBLISHING LTD in the event of loss, theft or fraudulent use of his/her account.

If the Customer needs to change his/her login details or if there is any suspicion of fraudulent use, the Customer must contact the Seller's customer service department without delay at the following address: contact.convert33@gmail.com.

Identifiers are for strictly personal use. The Seller may not be held liable in the event of loss or theft of the Customer's login details, or fraudulent use of the Customer's account.

Article 3 - Use of the service

### How to Place an Order on the Site

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

#### 3.1 Ordering an IQ Test

For details of how to order an IQ Test, please refer to article 2 of these Terms and Conditions.

#### 3.2 Contact details

The Customer is required to provide personal information such as their surname, first name and the e-mail address where they wish to receive the results of their Test. They may also choose to receive communications from the Seller by ticking the corresponding box.

#### 3.3 Payment of the Price

The Seller may offer discounts or promotions on the Services and Products. The final price displayed includes all applicable discounts and promotions. It should be noted that these advantages are not cumulative and can only be applied once per Customer.

#### 3.4 Validation

Before finalising payment, the Customer must explicitly accept the General Terms and Conditions of Sale by ticking the box provided for this purpose. This step also includes the waiver of the right of withdrawal for the IQ Test specifically. Validating this step means that the Customer fully accepts the General Terms and Conditions of Sale. Any order placed commits the Customer to accepting the prices and the description of the Services offered. Once payment has been made, a sales contract is officially concluded between the Customer and the Seller.

Article 4 - Orders

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

Article 5 - Terms and conditions relating to orders

#### 5.1 Pricing

The Seller reserves the right to modify its prices at any time. However, it undertakes to invoice orders placed at the prices indicated at the time the order is registered, subject to availability on that date.

#### 5.2 Payment Problems

The Customer is hereby informed that any delay in the payment of an amount due on the due date will automatically entail the forfeiture of all sums due by the Customer, requiring immediate payment.

In addition, failure to pay invoices by the due date will automatically result in the application of late payment penalties from the following day. These penalties are calculated on the unpaid amount excluding taxes and correspond to at least three times the legal interest rate. They are due automatically and without the need for prior notification.

For Professional Customers, in accordance with European Directive 2011/7/EU, in the event of late payment or non-payment, the Seller may claim compensation for the costs incurred as a result of the delay, in addition to a fixed recovery indemnity of €40.00.

JMM PUBLISHING LTD reserves the right to immediately suspend any order in progress, regardless of its nature and state of progress, in the event of late payment by the Client. This suspension is independent of the qualification of termination of the contract by the Seller and shall not give rise to any right to compensation for the Customer.

#### 5.3 Cancelling and Modifying Orders

Once an order has been placed and paid for, it cannot be modified or cancelled, with the exception of the cases provided for by the exercise of the right of withdrawal (Article 6) and the cancellation of the Subscription (Article 2.4).

Article 6 - Right of withdrawal and Specific Conditions

#### 6.1 IQ Test conditions

According to Article 111 of Chapter 5 of the Consumer Rights Act 2022, the right of withdrawal is not applicable in certain specific cases, including:

• a) A service contract fully performed with the prior consent of the consumer, who has also acknowledged that he will lose his right of withdrawal once the service has been fully provided.
• c) A contract for a digital service paid for by the consumer, where:
• i. The digital service has been provided in full.
• ii. The supply began with the consumer's prior agreement, in the knowledge that he would waive his right of withdrawal once the service had been fully performed.

When ordering the IQ Test on the Site, the customer accepts that the service will begin immediately after payment, allowing access to the digital content (results of the IQ Test). By doing so, the customer expressly waives his/her right of withdrawal.

#### 6.2 Subscription conditions

Under Section 113.2, the customer has a period of fourteen days in which to exercise his or her right of withdrawal without having to provide a reason, subject to the conditions set out in Section 112.2.d. However, this right is cancelled as soon as the customer completes at least one IQ Test as part of their subscription, with the exception of the initial Test.

In the event of valid exercise of the right of withdrawal, the customer may request a full refund within fourteen days of notification of withdrawal, by the same means of payment used at the time of purchase.

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[Withdrawal Form**].
To [Dealer name, physical address, e-mail address] :

I/We (*) hereby give notice of my/our (*) withdrawal from the contract for the sale of the following goods (*)/provision of the following service (*),

Ordered on (*)/received on (*),

Name of consumer(s),

Address of consumer(s),

Signature of the consumer(s) (only if this form is submitted on paper),

Date

[Tick the applicable box.

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Article 7 - Liability and Disclaimer

#### 7.1 General provisions

- Accuracy of Information: The Customer undertakes to provide accurate and up-to-date information when placing an order or subscribing to a service. It is the Customer's responsibility to ensure that the information on their personal space is correct and complete. The Customer is responsible for updating this information.
- Capacity to Contract: The Customer must be a natural person of legal age and legally capable of entering into a contract.
- The Vendor's liability: The Vendor may not be held liable for the consequences of erroneous or incomplete information provided by the Customer. Similarly, the Vendor is exempt from liability in the event of interruption of services for the reasons described in articles 4 to 8 of the General Terms and Conditions of Use.

#### 7.2 Non-Liability Clause

- Nature of Personality Tests: Personality tests are presented as not being an exact science. They cannot be equated with hard scientific disciplines or psychoanalysis.
- Information for information purposes: The results obtained from the personality tests are provided for information purposes only and do not constitute an absolute and reliable basis for important decisions to be taken by the Customer.
- Responsibility for decisions : The Customer bears full responsibility for the decisions taken on the basis of the results of the personality tests. The Customer is advised to seek professional advice for any significant decision requiring psychological or psychoanalytical expertise.
- Disclaimer of Liability by the Vendor: The Vendor cannot be held liable for any consequences arising from decisions taken by the Customer based solely on the results of the IQ tests.

These clauses are intended to clarify the nature of the services provided and to define the limits of liability, emphasising the importance of Customers treating the information obtained via the tests with caution and discernment.

Article 8 - Personal data

The Vendor's obligations relating to the protection of the Customer's personal data are described in the "Protection of Personal Data" tab on the Site.

Article 9 - Force majeure clause

The Seller shall not be liable for delays or failures in the performance of its obligations if such delays or failures result from events beyond its control or from force majeure, which could not be anticipated at the time the order was placed and the consequences of which could not be avoided despite all precautions taken.

In the event that such a case of force majeure occurs, the application of the General Terms and Conditions of Sale is put on hold until the situation of force majeure is resolved or comes to an end.

If the situation of force majeure lasts for more than thirty (30) days, it is necessary for both parties to consult each other in order to discuss possible adjustments to the order.

Any period mentioned in the General Terms and Conditions of Sale will therefore be adjusted in proportion to the duration of the force majeure event.

Article 10 - Applicable law and settlement of disputes

10.1 Conflict management

These Terms and Conditions and any transactions arising from them are governed by English law.

The parties undertake to attempt to resolve amicably any dispute that may arise from the interpretation or implementation of these conditions. To this end, the party initiating the amicable resolution process must inform the other party of its intention by registered letter with acknowledgement of receipt, detailing the problems encountered or failures observed.

This out-of-court settlement process is a mandatory step before any legal action can be taken. Any legal action taken without respecting this procedure will be considered inadmissible.

If an amicable agreement is not reached within thirty (30) calendar days of the first notification, each party shall regain its freedom to take legal action.

In the absence of an amicable agreement despite the efforts made, any dispute concerning the performance, interpretation, validity or cancellation of these Conditions will be brought before the competent courts, under the jurisdiction of the Court of Appeal located at the Seller's registered office.

10.2 Mediation

The European Commission has developed an online platform for the amicable settlement of disputes, offering an alternative solution for resolving online disputes between consumers and professionals within the European Union. This platform is available via the following link: https://webgate.ec.europa.eu/odr/.

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

Article 11 - Miscellaneous clauses

Divisibility : If one or more articles of these GTC are recognised as 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 does not call into question the validity of the other clauses of the GTC.

Non-renunciation : The fact that a Party does not take advantage of a breach by the other Party of one of the obligations referred to in these GTC 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 stipulation of the GCS and any present or future legislative text, law, ordinance, regulation, court decision or collective agreement, the latter shall prevail, provided that the stipulation of the GCS thus affected is strictly limited to what is necessary and that this does not affect the other stipulations.

Language of the T&Cs : These Terms and Conditions and the transactions arising from them are governed by the laws of the United Kingdom. They are written in English and, in the event that they are translated into one or more other languages, only the English text will prevail in the event of a dispute.