Terms of Business for OPPassessment
These are the Terms of Business for OPPassessment (“Terms”) of The Myers-Briggs Company Limited, a company registered in England and Wales (registered number 2218212) whose registered offices are at Elsfield Hall, 15-17 Elsfield Way, Oxford OX2 8EP, UK (The Myers-Briggs Company) and cover the European branch offices and operations of The Myers-Briggs Company Limited (including The Myers-Briggs Company - France, The Myers-Briggs Company - Netherlands and The Myers-Briggs Company - Germany) and its European operations in Belgium and Ireland. These Terms govern the use of OPPassessment and any associated services. When we refer to “The Myers-Briggs Company”, “we”, “us” and “our” we mean The Myers-Briggs Company Limited and our European branch offices, unless otherwise stated.
1 Definitions1.1 "Products" means all our products available via the Platform, and includes our psychometric assessments made available on the Platform which Respondent respondents complete (“Assessments”) and reports generated from completion of such Assessments (“Reports”);
1.2 "Customer" means the company or individual who has contracted with us for use of the Platform (who may, or may not, also be a Registered User);
1.3 "Registered User" means an individual who is registered with The Myers-Briggs Company as qualified to administer one or more Assessments to Respondents, provided via the Platform, to interpret reports compiled from Respondent responses and to provide feedback to Respondents (and whose account has not been suspended or terminated);
1.4 "Platform" means the OPPassessment platform for the electronic delivery, administration and scoring of Assessments and any ancillary services available via the OPPassessment delivery platform or any successor to such website;
1.5 "Report Credits" means any pre-paid credits purchased by you from, or issued to you by, The Myers-Briggs Company, for individual reports available on OPPassessment, delivered via the Platform;
1.6 “Respondents” means individual test-takers who are invited by Customers and/or Registered Users to complete Assessments on the Platform.
1.7 “Personal Information” means any information which is in the possession of The Myers-Briggs Company relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly in particular by reference to an identifier such as a name, identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person; such Personal Information may include: User information; User registration and account information; personal details given by or about Users (e.g. age, gender, type and other information associated to a User); information given and comments made by Users; and/or other information provided by Users, which when cumulated with other information held in the App and/or by The Myers-Briggs Company could identify a natural person. Special Category Personal Information means Personal Information that needs more protection because it is sensitive, and, in relation to which, processors must identify a lawful basis for processing under applicable data protection legislation and a separate condition for processing. Special Category Personal Information is sometimes referred to as “sensitive personal information".
2 Use of the Platform2.1 The Platform is accessible only to Registered Users who have pre-registered for the Platform and been allocated registration details by The Myers-Briggs Company, including a log-in and password.
2.2 Customers and Registered Users are responsible for ensuring the security of their subscription and registration details, including log-in and passwords. Registration details, including log-in and password details, shall not be shared between multiple users. Any loss or theft of such details should be reported to The Myers-Briggs Company as soon as possible in order that replacement log-in and passwords may be created.
2.3 Customers and Registered Users are responsible for ensuring that the technical requirements required to use the Platform relating to hardware and software (including, without limitation, an internet connection, email address, and compatible web browser) available to the User and the Respondent will need to be met, and Customers, Registered Users and Respondents agree to meet those technical requirements at their own expense. Further details can be supplied on request.
2.4 Use of the Platform is subject to these Terms and the Guidelines for Ethical Use of Tests and Assessments (“Guidelines”). We reserve the right to refuse access to the Platform if the Customer or the Registered User fails to comply with these Terms or any other The Myers-Briggs Company Terms of Business as are applicable to the Customer or Registered User, or the Guidelines.
2.5 Our Assessments are designed for adults and are not intended for children (under 16 years of age). In order to use our Assessments, Registered Users shall ensure that respondent Respondents are 16 years of age or over.
3 Registration3.1 We seek to uphold the guidelines established by the British Psychological Society (or other appropriate bodies outside the UK) on sale and use of psychometric instruments. Therefore, purchases of our Assessments must be made by an identified Registered User who is registered with us as a qualified user of that Assessment. In order to register as a qualified user of a particular Assessment, a user must have successfully completed appropriate training provided or approved by us. Details of training offered by The Myers-Briggs Company are set out in the current catalogue and on The Myers-Briggs Company's website eu.themyersbriggs.com.
3.2 The Customer shall ensure that the registration details, including a log-in and password allocated to a Registered User, are only used by that Registered User and that the Registered User at all times complies with these Terms.
3.3 If a Registered User ceases to be an employee of, or associated with, the Customer, the Customer shall inform us as soon as reasonably possible, and we shall delete the name of the Registered User from our register of users of the Platform. For the avoidance of doubt, if the Customer fails to inform us of any change to its list of permitted Registered Users, and a former employee or associate of the Customer continues to use the Platform, the Customer shall remain liable for any such use of the Platform.
3.4 If you need assistance with creating or using your Platform account, the Company will provide you with limited, basic support (as determined by the Company in its sole discretion). Please contact firstname.lastname@example.org or your Company representative for assistance.
3.5 The Company will use commercially reasonable efforts to make the Platform available at all times except for planned downtime, maintenance, and unavailability caused by circumstances beyond the Company’s reasonable control, including (without limitation): acts of God, acts of government, flood, fire, earthquakes, civil unrest, epidemics or pandemics, acts of terror, strikes or other labor problems, equipment malfunctions, power failures, or Internet service provider failures. Notwithstanding any of the foregoing, you have no expectation regarding the availability of the Platform. You agree that your Product purchases are not contingent upon any specific level of availability, or the delivery of any additional functionality or any additional support from the Company.
3.6 The Company reserves the right to take any Products out of print at any time without notice to you. If you have pre-purchased any materials from the Company (for example, without limitation: a pre-purchased Assessment administration) and those pre-purchased Products are taken out of print or otherwise made unavailable by the Company, then the Company will notify you of your options with respect to those pre-purchased Products, which options may include (without limitation): converting pre-purchased Assessment administrations to a substitute or replacement Assessment administration within a defined period; or converting the value of those pre-purchased Assessments into credit for use on the Platform within a defined period. If the Company provides such options to you and you do not exercise them before the time specified by the Company, then you acknowledge that you will forfeit the value of any such pre-purchased Assessments. The Company may choose to make the Platform unavailable either temporarily or permanently by providing written notice to you on the Platform.
4 Ordering4.1 When a Registered User requests a report in the 'Reports' screen of the Platform, and then confirms the request in the 'Checkout' screen, an order has been placed.
4.2 Orders cancelled after confirmation will not be refunded.
4.3 An order may be refused if The Myers-Briggs Company has reasonable grounds to believe that it has not been placed by a bona fide Registered User.
4.4 Owing to geographical restrictions imposed by government embargo, The Myers-Briggs Company may refuse orders for the supply of certain Assessments from Registered Users in certain countries. Further details can be supplied on request. In addition, The Myers-Briggs Company may, on occasion, refer orders for the supply of certain Assessments from Registered Users in certain countries to its applicable regional office.
4.5 We will use our reasonable endeavours to ensure that reports from the Platform are emailed to the Registered User on the same day that the report is requested.
5.1 Subject to clause 5.2, and unless otherwise agreed in writing, we will process orders for reports from the Platform only by online payment using a valid debit or credit card at the time of making the order.
5.2 As an alternative to online payment at the time of order, Report Credits may be ordered in advance as follows:
- 5.2.1 In the event that a Customer who is an authorised credit-account-holder orders Report Credits totalling £250 or more (ex VAT) in a single transaction, we will invoice the Customer, and such invoices will be paid by the Customer within 30 days of the date of invoice. The Report Credits ordered will be available on the Platform normally within one hour of the order being processed.
- 5.2.2 In the event that a Customer who is an authorised credit-account-holder orders Report Credits totalling less than £250 (ex VAT) in a single transaction, the Report Credits will become available on the Platform only once we have received payment in cleared funds.
- 5.2.3 Customers who are not credit-account-holders may purchase Report Credits, in which case such Report Credits will become available on the Platform once we have received payment in cleared funds.
5.3 We reserve the right to charge you interest and costs of recovery in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended).
5.4 Unless otherwise stated, the price payable for the Platform will be the price as set out in the current The Myers-Briggs Company catalogue as shown on our website; VAT will be added to the price where applicable.
6 Report Credits6.1 Report Credits shall have a duration of use of twelve (12) months from the date of purchase, subsequent to which any unused Report Credits shall expire.
6.2 Report Credits are non-refundable and must be for specific report types in specific quantities; we regret it is not possible to pre-pay for general credits usable for any of our range of reports.
6.3 In the event that Report Credits are issued by The Myers-Briggs Company as part of a training workshop, for which the price is integral to the cost of such workshop, the duration of use of such Report Credits shall be limited to three (3) months, subsequent to which any such Report Credits which are unused shall expire.
7 Customer's obligations
7.1 The Company makes available a variety of Products and solutions on the Platform, including (without limitation) our Assessments, Reports, self-guided solutions, and supplemental materials. Certain of our Products may have requirements that are specific to them, and any such requirements will be set forth on the relevant description applicable to that Product, as set out on our website. By purchasing any Product, Customer and Registered Users agree to any additional requirements set forth in those Product descriptions. By way of example and without limitation, such additional requirements may require you to:
- Obtain separate software at your own expense to make use of a Product (for example, video conferencing software to make use of our self-guided offerings);
- Redeem or complete a Product within a specified time period (for example, completing our self-guided offerings before they expire); and/or
- Meet certain criteria to enjoy the full benefits of a Product (for example, successfully achieving our qualification completion criteria for self-guided and other offerings).
7.2 The Customer may provide the Products to individual Respondents in order for such Respondents to be assessed under the Customer's supervision; in no other circumstances may the Customer give, sell, or otherwise dispose of, the Products or the Platform, or any part of the Products or Platform, to third parties or act as agent or distributor of the Products or the Platform. Any on-selling or any unauthorised use, reproduction or modification of the Products and/or the Platform is strictly prohibited.
7.3 The Customer may not make use of data collected as a result of the Customer's use of the Platform to create products for commercial sale or other commercial exploitation.
7.4 The Customer shall comply with the Guidelines for Ethical Use of Tests and Questionnaires.
7.5 If the Customer uses customisation facilities available on the Platform to apply different branding to the Platform or to alter or deviate from the standard supplied wording in relation to the content of emails sent via the Platform, the Customer shall ensure that it possesses all necessary intellectual property rights or permissions and that any changes are lawful, appropriate and related to the subject matter of the Platform. The Myers-Briggs Company shall have no responsibility or liability in relation to any such customisation of the Platform, including any infringement of third-party intellectual property rights, misuse, or unlawful or inappropriate content.
7.6 In the event that the Customer is not also the Registered User, the Customer shall ensure that any and all Registered Users comply with the obligations set out in Clauses 7.2 to 7.5 as if such Registered User were the Customer.
7.7 You understand that the Myers-Briggs Type Indicator® (MBTI®) Assessment is not intended for use in connection with selection, promotion, team formation, or other activities that may impact an individual’s job, job prospects, or advancement, and you specifically agree not to use the MBTI Assessment for those purposes.
7.8 Certain of our Products (for example, without limitation: our self-guided offerings) may enable you to become a certified practitioner of one or more of our Assessments. If you purchase or otherwise make use of such Products, you understand and agree that you must successfully fulfil any applicable completion criteria relevant to those Products in order to achieve your certification. You also understand and agree that your status as a certified practitioner is subject to, and conditioned upon, your compliance with additional requirements, including (without limitation) our ethical use policies, brand guidelines, ongoing education requirements, renewal fees, and any other written requirements that we may make available to you from time to time. The Company may modify or amend those requirements or impose new requirements at any time without notice to you. If you fail to comply with any such requirements, or if you otherwise breach these Terms, then the Company may revoke (either temporarily or permanently) your certification in one or more Assessments by providing written notice to you.
7.9 The Customer shall indemnify The Myers-Briggs Company in the event that The Myers-Briggs Company or The Myers-Briggs Company's licensors suffer any losses, claims, liabilities, damages, expenses or costs as a result (whether direct or indirect) of any breach by the Customer or the Registered User(s) of Clauses 7.2 to 7.6.
7.10 The Customer shall further indemnify The Myers-Briggs Company in respect of any claims brought by a Respondent or client of the Customer against us or our licensors in relation to the Customer's use of the Platform or the Products.
7.11 All Customers and Registered Users shall be required, in using our Products to verify any local requirements and/or restrictions on using psychometric tests in general and the Products in particular, in that jurisdiction, whether imposed by law, regulation or by a local regulatory or governmental body. Where any local requirements and/or restrictions exist that alter the criteria for, or prevent, use of Products within a particular jurisdiction, it shall be the responsibility of the Customer and Registered User to ensure that it fully complies with any and all such local requirements and/or restrictions. Where any individual or entity uses Products in a particular jurisdiction in contravention of any local requirements and/or restrictions, whether knowingly or inadvertently, such individual or entity shall be solely responsible and liable for such use and shall hold harmless and indemnify The Myers-Briggs Company in respect of any loss or claim by a third party against The Myers-Briggs Company arising from such. Further, in the event that a Customer and/or Registered User has failed to ensure that any Products may be legitimately used within a particular jurisdiction and subsequently purchases Products for use in that jurisdiction, such Customer and/or Registered User shall be liable for the costs thereof and The Myers-Briggs Company shall bear no responsibility or liability for return of such Products or the reimbursement of any associated costs.
8 Intellectual property
8.1 Your use of the Platform involves the Company’s intellectual property, and your use of that intellectual property is governed by these Terms. You acknowledge and agree that the Company is the sole and exclusive owner of the Platform itself, as well as all Products and other content made available on The Platform (and their accompanying intellectual property rights). The Company reserves all rights, title, and interest in and to the Platform and the Products and other content listed on the Platform, including all intellectual property rights. Your limited license to use Products is only as expressly set forth in these Terms.
8.2 The Platform provides you with the ability to electronically deliver certain Products to yourself or to other individuals. If you purchase a Product that is intended for you to deliver that Product to yourself via the Platform (for example, without limitation, a booklet), you agree not to share that Product with any other party and to limit your use of that Product to your personal use only. If you purchase a Product that is intended for you to deliver that Product to a Respondent via the Platform (for example, without limitation, a Report), you acknowledge and agree that any such Products are licensed only for that Respondent’s personal, non-commercial use.
8.3 You agree not to infringe any of the Company’s intellectual property rights in any Products and you agree to make your Respondents aware of the limitations and restrictions on their use of materials delivered to them. This limited license that the Company grants to you (or your Respondents, as applicable) to electronically access and view such products is non-exclusive, non-transferable, and non-sublicensable.
8.4 You may not alter or modify any Products, or reproduce, or distribute Products in any manner not specifically contemplated by these Terms. You may not rent, lease, resell, redistribute for profit, or otherwise commercially exploit any Products, and you may not prepare derivative works based on any Products. If you prepare any unauthorized derivative works based on Products in contravention of these Terms, then you hereby assign to the Company in perpetuity any and all intellectual property rights arising in such unauthorized derivative works and you waive in perpetuity any “moral rights” you might purport to have in such unauthorized derivative works.
8.5 For the avoidance of doubt:
- 8.5.1 reproduction of Assessments available via the Platform is not permitted; and
- 8.5.2 Reports may be copied a reasonable number of times, provided such copies are used only for internal record-keeping and other similar purposes related directly to the Respondent concerned.
9.2 Your use of the Platform involves several types of data, including (without limitation): your personal information, the personal information of your Respondents, your Respondents’ responses to our Assessments (“Item Responses”), and your Respondents’ responses to optional research and demographic questions (“Demographic Data”) (together, “Respondent Personal Information”).
9.7 Notwithstanding the foregoing, the Company reserves the right to alter or remove a data subject’s personal information if required to do so by applicable law. If a data subject (including, without limitation, a Respondent) exercises a right afforded to that data subject under applicable law against you, the Customer and/or Registered User as the data controller, either to us or via you, the Company will reasonably cooperate with you and provide reasonable assistance and information to facilitate your ability to respond to such a request.
9.8 The Company will store data associated with your Platform account as follows:
9.9 For the avoidance of doubt, in respect of each Respondent:
(i) where your Platform account comprises more than one (1) Report generated from the same Assessment within any eighteen (18) month period, the retention period after which the Company will remove or anonymize the data associated with that Assessment from the Platform, including Item Responses, Demographic Data and all Reports, will still be the Retention Period;
(ii) where your Platform account comprises data from more than one Assessment, the Retention Period will apply separately for each Assessment you complete;
(iii) Notwithstanding the above, where a Platform account comprises more than one (1) Report Assessment for the same Respondent, generated from the same Responses, the Company will store such data associated with that Respondent in terms of their name and email address, including personal information, Responses, Demographic Data and Reports, for the duration of which all Assessment data remains on the Platform and therefore for a period of eighteen (18) months after the date the latest Assessment Report is completed.
9.10 During the Retention Period, the Company reserves the right to retain and use all your Respondents’ Item Responses, Demographic Data, and other data collected and/or generated via the Platform in personally identifiable form for the purposes of providing the Products and associated services to you and your Respondents.
9.12 In addition, where your Respondents have opted-in to be contacted for, and to participate in, future research opportunities, including surveys, and/or if you, as a Practitioner or Customer, opt-in to participate in future research opportunities, including surveys, the Company reserves the right to retain and use all Item Responses, Demographic Data, and other data collected and/or generated via the Platform from such opted-in Respondents and/or you, as applicable, in personally identifiable form for the Retention Period, for the purposes of the Company’s scientific research and product development purposes, including contacting the Respondent and/or you for further research opportunities. After the Retention Period, such personal information will be used only in non-personally identifiable form for scientific research and product development purposes.
9.13 Notwithstanding Sections 9.8 to 9.12, in the event that a Respondent requests that the Company delete their personal information, and such request is authorized by the applicable data controller, then any contact details, Item Responses, Demographic Data and other personal information will be removed from the Platform, and if Respondents have opted-in to be contacted for future research opportunities, from our research and development databases. Registered Users can manage research and communication preferences using the pertinent functions on the Platform.
9.14 Customer agrees to be bound by the Data Processing Terms, unless otherwise agreed in writing between The Myers-Briggs Company Limited and the Customer.
10.1 If the Company determines, in its sole discretion, that you have materially breached these Terms, then the Company may terminate your access to the Platform, by providing written notice to you. Such termination by the Company shall be effective as of the date the Company provides such notice.
10.2 If your access to the Platform terminates or expires for any reason then: (i) you shall lose all access to the Platform and the data associated with your Platform account (including, without limitation, your Respondents’ Personal Information, Reports, project data and any unredeemed inventory and any supporting resources); (ii) you shall immediately stop making use of the Company’s intellectual property unless you have a license that extends beyond the duration of your Platform account; and (iii) you will not receive any refunds for any Report Credits that you have not used prior to such termination or expiration.
11 Liability11.1 Our liability arising under or as a result of the provision or use of the Products or the Platform, whether in contract, tort, breach of statutory duty or otherwise, will not exceed the price paid by the Customer for the Platform or Products.
11.2 Nothing in these Terms will exclude or limit our liability for death or personal injury caused by our negligence, or for any fraud on our part, or for any liability that cannot be excluded by law.
11.3 You agree to defend and indemnify the Company, its officers, directors, employees, and assigns against any claims, damages, losses, costs, or liabilities of any kind (including reasonable attorneys’ fees) arising out of or in connection with any actual or alleged breach of these Terms, or in connection with any third-party suits or claims alleging matters which, if true, would constitute a breach of these Terms. Furthermore, the Customer shall further indemnify the Company in respect of any claims brought by a Respondent or client of the Customer against us or our licensors in relation to the Customer's use of the Platform, the Products, Assessments and/or any other Company materials.
11.4 IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES (INCLUDING ANY LOSS OF BUSINESS, PROFIT, REVENUE, DATA OR GOODWILL, OR FOR LOST OR WASTED MANAGEMENT TIME OR THE LOST TIME OF OTHER EMPLOYEES ARISING FROM THE CUSTOMER'S USE OF THE PRODUCTS, WHETHER DIRECT OR INDIRECT) HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN NO EVENT SHALL THE COMPANY’S LIABILITY, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN THE AGGREGATE THE TOTAL AMOUNT PAID BY YOU UNDER THESE TERMSOR, WITH RESPECT TO ANY SINGLE INCIDENT, THE AMOUNT PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT.
11.5 PRODUCTS AND SERVICES ARE PROVIDED “AS-IS.” THE COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE PRODUCTS OR SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE HAVE NO LIABILITY FOR THE INABILITY OF ANYONE TO ACCESS THE PLATFORM OR THE EMAILS THAT FORM PART OF THE PLATFORM AND WE RESERVE THE RIGHT TO CARRY OUT MAINTENANCE AND DEVELOPMENT ON THE PLATFORM, WHICH MAY CAUSE INTERRUPTION TO IT. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
11.6 Except as expressly set out in these Terms we exclude to the fullest extent permitted by law all warranties, representations, terms, conditions and undertakings, whether implied by statute, common law, custom, trade usage, course of dealing or otherwise.
12.1 These Terms are governed by English law and you agree you will only sue us in the courts of England. The place of performance of the contract will be England.
12.2 In the event of any conflict between these Terms (as displayed on our website) and those in our catalogue or elsewhere, these Terms (as displayed on our website) shall prevail.
12.3 These Terms do not create a partnership, franchise, joint venture, fiduciary, or employment relationship between the parties; the parties are independent contractors.
12.4 Except as otherwise specified in these Terms, all notices, permissions, and approvals under these Terms shall be in writing. Notices to the Company shall be addressed to the attention of its General Counsel. All notices to you shall be addressed to the most recent contact information associated with your Platform account.
12.5 No failure or delay by the Company in exercising any right under these Terms shall constitute a waiver of that right. Other than as expressly state herein, the Company’s remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
12.6 If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, that provision shall be severed from these Terms, and the remaining provisions of these Terms shall remain in effect.
12.7 You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the Company.
12.8 The Myers-Briggs Company reserves the right to change these Terms at any time without prior notice to you, so please check them regularly.