Terms and Conditions

Purchase and fees

1. Orders are placed through the online order form, specifying the number and type of assessments required. With prior agreement, orders may also be placed using a purchase order for payment by invoice.
2. An order becomes binding when payment is received or, where invoice payment has been agreed, when the client account is credited with the assessments ordered.
3. Fees are normally paid online in the currency and at the rate shown in the order. Assessments purchased are non-cancellable and fees are non-refundable.
4. Where payment by invoice has been agreed, invoices are payable within 30 days of receipt.
5. Except where stated otherwise, fees are exclusive of applicable taxes, levies and duties.

Ownership and intellectual property

1. MySkillsProfile owns the underlying intellectual property rights in its assessments, feedback-report systems and related materials.
2. After full payment, the client may use, download, copy and distribute the feedback reports and other outputs supplied for authorised purposes.
3. The client authorises MySkillsProfile to use assessment data as research data for validation, benchmarking and product development. Research findings will be presented in aggregated, anonymous form.

Data protection

1. Both parties must comply with applicable law governing the collection, processing, use and storage of personal data.
2. Where necessary to provide reports and services, personal data may be processed or transferred in accordance with applicable data-protection requirements.
3. MySkillsProfile will take measures to protect personal data from unauthorised access and process it in accordance with applicable UK and EU data-protection law.
4. If a personal-data breach is identified, MySkillsProfile will investigate, take appropriate remedial action and provide notifications where legally required.

Further details are provided in the Privacy policy.

Limitations of liability

1. Neither party is liable for loss of profits, revenue, contracts, anticipated savings, business, opportunity or goodwill, or for indirect, special or consequential loss, except where liability cannot lawfully be excluded.
2. MySkillsProfile’s total aggregate liability arising from products or services purchased under an order will not exceed the price paid or payable under that order, subject to applicable law.
3. Access to online services depends partly on third-party infrastructure, including internet service providers. MySkillsProfile is not liable for inability to access the system caused by failures outside its reasonable control.

Confidentiality

1. Each party agrees not to use or disclose the other party’s confidential information except as required to provide the agreed products and services or as permitted by law.
2. MySkillsProfile may disclose necessary confidential information to affiliates and service partners involved in providing products and services, subject to appropriate obligations.

Termination

1. Either party may terminate an order where the other party becomes insolvent, is likely to become insolvent or materially breaches the agreement, including failure to pay fees.
2. On termination, the client must cease unauthorised use of the products and services. MySkillsProfile may charge for continued use after expiry or termination.

Warranties and client responsibilities

1. MySkillsProfile warrants that products and services will materially conform to their published specifications and will remedy confirmed defects within its responsibility.
2. The client is responsible for the selection, administration, interpretation and use of assessments and for ensuring staff comply with applicable law, professional guidance and internal procedures.
3. MySkillsProfile does not guarantee that online services will always be free from interruption, delay, technical error or harmful code.
4. No particular performance, organisational or commercial improvement is guaranteed through use of an assessment.

General provisions

Each party will comply with applicable law in the countries where it operates, including relevant anti-corruption and anti-bribery requirements.

The agreement is governed by the law of England and Wales. The parties submit to the jurisdiction of the courts of England and Wales.

Definitions

• Assessment: an online assessment designed to measure a candidate’s behavioural style or attributes.
• Candidate: the assessed individual or test-taker.
• Client: an individual or organisation purchasing products or services.
• Fees: amounts payable under an order.
• Intellectual Property Rights: copyrights, trade names, trademarks, service marks, logos and related rights.
• Order: the online order form, purchase order or other written agreement describing the products and services purchased.
• Output: a feedback report or other deliverable provided for a candidate.
• Personal Data: personal information processed in connection with an assessment or service.
• Products and Services: the items and services described in the order.