Terms of Business for OPPassessment
In English as awaiting translation ...
These are the Terms of Business for OPPassessment 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). 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.
1.1 "Materials" means all our electronic products available via the Service and all data gathered by use of the Service;
1.2 "The Myers-Briggs Company" means The Myers-Briggs Company Limited together with its European branch offices (including The Myers-Briggs Company - France, The Myers-Briggs Company - Netherlands and The Myers-Briggs Company - Germany);
1.3 "Purchaser" means the company or individual who has contracted for the Service (who may, or may not, also be a Registered User);
1.4 "Registered User" means an individual who is registered with The Myers-Briggs Company as qualified to administer one or more of The Myers-Briggs Company’s psychometric assessments to respondent test-takers, provided via the Service, to interpret reports compiled from respondent test-taker responses and to provide feedback to respondent test-takers (and whose account has not been suspended);
1.5 "Service" means the OPPassessment service for the electronic delivery, administration and scoring of psychometric instruments and any ancillary services available via the OPPassessment website or any successor to such website;
1.6 "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 Service.
2 Use of the Service
2.1 The Service is accessible only to Registered Users who have pre-registered for the Service and been allocated registration details by The Myers-Briggs Company, including a log-in and password.
2.2 Purchasers 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 Use of the Service is subject to these Terms and the Guidelines for Ethical Use of Tests and Questionnaires (“Guidelines”). We reserve the right to refuse access to the Service if the Purchaser 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 Purchaser or User, or the Guidelines.
2.4 Our psychometric 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 test-takers are 16 years of age or over.
3.1 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 psychometric instruments must be made by an identified Registered User who is registered with us as a qualified user of that psychometric instrument. In order to register as a qualified user of a particular psychometric instrument, 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 Purchaser 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 Purchaser, the Purchaser 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 Service. For the avoidance of doubt, if the Purchaser fails to inform us of any change to its list of permitted Registered Users, and a former employee or associate of the Purchaser continues to use the Service, the Purchaser shall remain liable for any such use of the Service.
4.1 When a Registered User requests a report in the 'Reports' screen of the OPPassessment website, 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 questionnaires 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 questionnaires 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 Service 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 Service 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 Purchaser who is an authorised credit-account-holder orders Report Credits totalling £250 or more (ex VAT) in a single transaction, we will invoice the Purchaser, and such invoices will be paid by the Purchaser within 30 days of the date of invoice. The Report Credits ordered will be available on the Service normally within one hour of the order being processed.
- 5.2.2 In the event that a Purchaser 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 Service only once we have received payment in cleared funds.
- 5.2.3 Purchasers who are not credit-account-holders may purchase Report Credits, in which case such Report Credits will become available on the Service 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 Service will be the price as set out in the current The Myers-Briggs Company catalogue; VAT will be added to the price where applicable.
6 Report Credits
6.1 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 Purchaser's obligations
7.1 The Purchaser understands and acknowledges that in order to use the Service certain technical requirements relating to hardware and software available to the Registered User and the test-taker will need to be met. Further details can be supplied on request.
7.2 The Purchaser may provide the Materials to individual test-takers in order for such test-takers to be assessed under the Purchaser's supervision; in no other circumstances may the Purchaser give, sell, or otherwise dispose of, the Materials or the Service, or any part of the Materials or Service, to third parties or act as agent or distributor of the Materials or the Service. Any on-selling or any unauthorised use, reproduction or modification of the Materials and/or the Service is strictly prohibited.
7.3 The Purchaser may not make use of data collected as a result of the Purchaser's use of the Service to create products for commercial sale or other commercial exploitation.
7.4 The Purchaser shall comply with the Guidelines for Ethical Use of Tests and Questionnaires.
7.5 If the Purchaser uses customisation facilities available on the Service to apply different branding to the OPPassessment site or to alter or deviate from the standard supplied wording in relation to the content of emails sent via the Service, the Purchaser 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 OPPassessment. The Myers-Briggs Company shall have no responsibility or liability in relation to any such customisation of the Service, including any infringement of third party intellectual property rights, misuse, or unlawful or inappropriate content.
7.6 In the event that the Purchaser is not also the Registered User, the Purchaser 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 Purchaser.
7.7 The Purchaser 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 Purchaser or the Registered User(s) of clauses 7.2 to 7.6.
7.8 The Purchaser shall further indemnify The Myers-Briggs Company in respect of any claims brought by a test-taker or client of the Purchaser against us or our licensors in relation to the Purchaser's use of the Service or the Materials.
7.9 All Purchasers and Registered Users shall be required, in using The Myers-Briggs Company's Materials to verify any local requirements and/or restrictions on using psychometric tests in general and the Materials 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 Materials within a particular jurisdiction, it shall be the responsibility of the Purchaser 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 Materials 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 Purchaser and/or Registered User has failed to ensure that any Materials may be legitimately used within a particular jurisdiction and subsequently purchases Materials for use in that jurisdiction, such Purchaser 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 Materials or the reimbursement of any associated costs.
8 Intellectual property
8.1 The Materials and the Service are owned by, or licensed to, The Myers-Briggs Company. Reproduction of the Materials or the Service, in whole or in part, in any form or media, by any process (including posting on the internet or any intranet, or unauthorised emailing), is prohibited except (i) where expressly permitted by law; or, (ii) where such reproduction is for the purposes of using the Service in accordance with these Terms.
8.2 For the avoidance of doubt:
- 8.2.1 reproduction of questionnaires available via the Service is not permitted; and
- 8.2.2 reports on test-takers generated using the Service may be copied a reasonable number of times for internal record-keeping and other similar purposes related directly to the test-taker concerned.
9 Data Protection and Privacy
9.2 Client agrees to be bound by the Data Processing Terms as set forth in the Schedule incorporated herein, unless otherwise agreed in writing between The Myers-Briggs Company Limited and the Client.
10.1 Our liability arising under or as a result of the provision or use of the Materials or the Service, whether in contract, tort, breach of statutory duty or otherwise, will not exceed the price paid by the Purchaser for the Service or Materials.
10.2 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.
10.3 Subject to clause 10.2, we will not be liable for any indirect or consequential loss, 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 Purchaser's use of the Materials (whether direct or indirect).
10.4 We do not warrant or represent that the Service will operate without interruption, and we have no liability for the inability of anyone to access the Service or the emails that form part of the Service. We reserve the right to carry out maintenance and development on the Service, which may cause interruption to it.
10.5 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.
11.1 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.
11.2 The Myers-Briggs Company reserves the right to change these Terms at any time without prior notice to you, so please check them regularly. These Terms were revised in September 2021.
11.3 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.
The Myers-Briggs Company Limited
15-17 Elsfield Way
Registered in England and Wales
Company Number 2218212