Terms of Use

1. General

The website awinningpersonality.com is a website owned and operated by Rational Services Limited (together with other members of the Rational Group of companies, “we” or “us”).  These Terms of Use (“Terms“) govern the terms by which you may use and access the awinningpersonality.com web site and/or any services provided therein. By accessing or using the site (hereinafter, including any content, information, products, services and materials offered on or through the site, the “Site“), you agree to be bound by these Terms thereby making them a binding agreement between you and Rational Services Limited.

2. Privacy, Data Protection and Cookies

Please read our Privacy Policy and Cookie Policy to understand how your personal information is handled when accessing or using our Site.  Our Privacy Policy and Cookie Policy are incorporated by reference and are essential to these Terms.  By using the Site, you are also agreeing to be bound by our Privacy Policy and Cookie Policy.

3. Site Content

Our Site provides you with articles, opinions and other content, as well as tests, surveys and other interactive elements.  You acknowledge that all content on the site, and any opinions, reports, experiences, announcements, text, video, pictures (including pictures linked or otherwise connected via a URL), surveys, tests, competition entries and other content or materials or works of any kind (the “Content“) are solely for your entertainment use only and are offered subject to these Terms.

The Site may contain links and references to other websites. We may, from time to time, at our sole discretion, add or remove links to other websites. These links are provided for your convenience, and access to any such websites is at your own risk. You are encouraged to review the terms of use, privacy policy, and other policies or disclaimers provided on these website prior to any use thereof. We do not review, approve, monitor, endorse, warrant, or make any representation with respect to such websites. In no event will we be responsible for the information contained in such websites, their practices or for your use of or inability to use such websites. You explicitly relieve us from any and all liability arising from your use of any third-party website.

4. Restrictions on your use of the Site

You may use the Site only for lawful purposes and in accordance with these Terms.

You agree not to, directly or indirectly:

  • Use or access the Site in any manner which violate these Terms, our Privacy Policy, or Cookie Policy, or in any manner which may be considered unethical, immoral or illegal in your jurisdiction;
  • Copy any of the Content from the Site for use outside of the Site, such as on another domain or hosted site;
  • If you register a profile on the Site or provide us with information or contact details on or through the Site, you may not provide us with false or unclear information, or register using a false identity;
  • Make any attempt to attack, disrupt, interfere with or gain unauthorized access to the Site, or any data, network or system associated with the Site;
  • Remove any proprietary rights notices found on the Site;
  • Make any efforts to scrape, harvest or otherwise copy any Site Content without our prior written permission, and you will not use or launch any automated system, including without limitation, “robots,” “spiders,” and “offline readers,” that access the Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
  • Collect or harvest any personally identifiable information, including e-mail addresses, from the Site, or from the communication systems provided by the Site.

We reserve the right, at any time to temporarily or permanently ban, suspend or block users who violate the law, these Terms, for any other reason which we consider to be abusive, unfair or not in the best interests of us or the Site.

5. Proprietary Rights

All Content published on the Site, including, without limitation, images, photographs, graphics, animations, videos, audio and text is owned by us and/or our licensors and is protected by trademark, copyright and other intellectual property or other proprietary rights. You hereby acknowledge that by using the Site and any Site you obtain no rights in the Site Content, or any part thereof.  Any copying, modification, distribution or publication of Site Content without our prior written permission of is prohibited.

6. Protection of trade marks

The “A Winning Personality” marks and logos are property of Rational Services Limited, and/or other members of the Rational Group and the use or the display of these marks and logos without our explicit written permission is prohibited. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any of the marks, logos or other content on the Site without our prior explicit written permission.

7. Eligibility to Use our Site

You may not use the Site if (a) you are not of the legal age of majority in your jurisdiction, or (b) you are a person barred from using the Site under the laws of the jurisdiction in which you live or the jurisdiction from which you use the Site. Subject to applicable law, we may, in our sole discretion, refuse to offer the Site to any person or entity and change these eligibility criteria at any time.

8. Limitation of Liability

We cannot guarantee that the content and information available on the Site will always be accurate and without errors.  To the extent any portion of the Site is offered in conjunction with a third party, we cannot be responsible for the actions of these third parties or for any aspect of the relationship between you and that third party.

We do not assume any liability for any errors and omissions on the Site and reserve the right to update, modify or remove any Site information, content and other materials at any time, in our discretion.

WITHOUT DEROGATING FROM THE FOREGOING, IT IS AGREED AND UNDERSTOOD THAT THE SITE IS PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED.   ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING BUT NOT LIMITED ANY WARRANTIES MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR EXPECTATIONS, OR THAT ANY DATA AND CONTENT OBTAINED THROUGH SITE AND ANY SITE WILL BE ACCURATE, RELIABLE OR CURRENT, OR THAT THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR OWN DISCRETION AND SOLE RISK.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SITE; OR (5) ANY OTHER MATTER RELATING TO THE SITE. This Restriction of Liability section applies to the maximum extent permitted by applicable law.

9. Violations

You may report any violation of these Terms by using our Contact Us form.

10. Modifications to the Site and to this Agreement

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. In addition, you agree that we may modify these Terms at any time. If we do make changes to these Terms, we will post the amended version of the Terms on the Site. We encourage you to frequently visit our Site to determine if any changes to these Terms have been implemented.  Your continued use of the Site after any such change in the Site Terms constitutes your acceptance of the new Terms. If, at any time you do not agree to any of the Site Terms, do not use or access (or continue to access) the Site.

11. General Terms

This Agreement, together with the Privacy PolicyCookie Policy and any other legal notices published on the Site shall constitute the entire agreement between you and us concerning your use of the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. No waiver of any portion of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms does not constitute a waiver of such right or provision.

These Terms are governed by the laws of the Isle of Man, without regards to its conflict of laws principles, and any dispute arising from this Agreement shall be brought exclusively before the courts of the Isle of Man. Notwithstanding the foregoing, nothing in this clause shall limit our right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction. You may not transfer or assign your rights or obligations under these Terms to any third party without our prior written approval. We may assign any right, obligation or interest under these Terms, in whole or in part, at our discretion. The English language version of these Terms shall be the prevailing version in the event of any discrepancy between any translated versions of this Agreement.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY USING THE SITE, YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SITE.

(c) 2014 Rational Services Limited, all rights reserved.

Last updated: April 30, 2014