Issue date: 1 September, 2021 (v1.0)

These terms and conditions form a legal contract between you and Work Test Limited trading as High Performance Profiling.

By using highperformanceprofiling.com and subdomains, you agree to accept these terms and conditions. Please read them carefully.

If you do not agree to these terms and conditions, you are not permitted to use highperformanceprofiling.com or subdomains.

You should read these terms and conditions in conjunction with our Privacy Policy.


GENERAL TERMS

Your rights of use

You have permission to access and use highperformanceprofiling.com and its subdomains provided you comply with these terms and conditions. If you commit a more than minor breach of these terms and conditions, we reserve the right to terminate your access.

Access
Your access to highperformanceprofiling.com and subdomains is for your personal use or the organisation you represent only. You must not share this access with any other person or organisation. Please send all requests for access to info@highperformanceprofiling.com

No interruption
You agree not to interrupt or attempt to interrupt the operation of High Performance Profiling in any way.

No commercial use policy
You may not use our reports, information or ratings in advertising or for any other commercial purposes without our prior written consent.

Copyright
High Performance Profiling owns the copyright for all content on highperformanceprofiling.com, unless stated otherwise.

Errors and updates
We reserve the right to add or remove material, and correct errors. If you find any errors on any part of highperformanceprofiling.com, please report them to us at info@highperformanceprofiling.com

Links to other sites
Links within highperformanceprofiling.com are provided for your information. We do not endorse and have not verified any of the information available through any third party link on highperformanceprofiling.com. We accept no liability for any loss caused as a result of any information or opinion contained in any third party link or your access to third party links.
 
No liability for damage

We will use our best efforts to keep highperformanceprofiling.com free from viruses and errors. However, to the maximum extent permitted by law, we do not accept liability for any damage or loss caused to your computer hardware, software, internet connections or other peripherals as a result of your use of highperformanceprofiling.com.


ACCEPTABLE USE POLICY

This Acceptable Use Policy governs your use of the High Performance Profiling platform, services and assessments and forms part of the Terms and Conditions of the High Performance Profiling Services Agreement.

As a condition of your access and use of the platform, you warrant that you will not use the High Performance Profiling platform, services and assessments for any purpose that is unlawful or prohibited by these term and conditions.

By accepting these terms and conditions, administering an assessment or otherwise using any part of the High Performance Profiling platform or services you agree to the terms of this Acceptable Use Policy.

We may restrict, suspend, or terminate your access to the High Performance Profiling platform at any time and without notice to you if we believe that you have violated any law or these terms and conditions.

Use of the High Performance Profiling Platform, Services and Assessments

You may use the High Performance Profiling platform, services and assessments for any assessment activity, subject to the prohibitions set out in this agreement.

High Performance Profiling assessments should only be used for educational or occupational assessment purposes. They should not be used for other purposes including, for example, clinical or forensic assessment or any other application for which they were not designed for. If you are in any doubt, please consult with your normal contact with us or contact info@highperformanceprofiling.com

You are solely responsible for ensuring the ethical and legal use of the High Performance Profiling assessments in all circumstances, in relation to ethical guidelines in assessment practice, and the relevant local laws and legal guidelines.

Individuals should never be forced to undertake an assessment, but the consequences of non-participation should be clearly explained (e.g. elimination from the recruitment process).

When using the High Performance Profiling platform, services and assessments in any country outside of New Zealand or Australia, you acknowledge and are aware of your responsibilities in relation to the following:

  • Most High Performance Profiling assessments use New Zealand/Australian based normative comparison groups as the default norm group. We may, at our discretion, use normative data for your country if it is available to us. You must consider the relevance of this to your specific requirements;
  • It is recommended that a local company specific or culturally relevant benchmark be established to ensure the most relevant comparison; and
  • High Performance Profiling assessments have been developed and are delivered and reported in accordance with international guidelines. All High Performance Profiling assessments must be used appropriately in accordance with local governing psychology professional body guidelines.

Intellectual Property

Each party owns and shall continue to own all right, title and interest in and to all information, documentation, materials, and products (including, all Intellectual Property Rights therein including content) owned or developed by such party, including any software application and any modifications updates or new versions thereof. Without limiting the foregoing, any and all software, software development tools, know how, methodologies, processes, technologies or algorithms used by either party in performing its obligations under this Agreement which are based upon, contain or constitute Confidential Information of a party or are otherwise owned or licensed by such party will be and remain such party’s property, and the other party will have no interest therein or claim thereto except as specifically permitted under this Agreement.

Whether directly or indirectly and whether in whole or in part, you must not reverse engineer, disassemble, reverse compile or mechanically or electronically trace any aspect of the System.

Notwithstanding anything in this Agreement, you acknowledge that High Performance Profiling owns and will continue to own the System.

Prohibited Use

In addition to the terms and conditions listed in the Service Agreement, you agree not to do any of the following acts in using or in connection with the High Performance Profiling platform, services or assessments:

  • promote, encourage or participate in illegal, fraudulent or inappropriate activity;
  • send, upload, distribute, disseminate, or offer to do the same with respect to any unlawful, defamatory, hateful, inflammatory, threatening, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content;
  • intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes or any other items of a destructive, disruptive or deceptive nature or do anything else which could damage, disable, overburden, impair or compromise our platform or security or interfere with other users;
  • impersonate or falsely claim or imply an affiliation with any person or entity or transmit any material that is likely to deceive or mislead any person (via the use on an email address or account) or otherwise misrepresent yourself or the source of any email or communication whether written or verbal;
  • collect or harvest any information or data from the platform or system or attempt to decipher any transmissions to or from the servers running the platform or system;
  • prevent other account holders from using the High Performance Profiling platform or service, or interfere without cause in the reasonable enjoyment by other users of the platform or service;
  • create multiple user accounts, create user accounts by automated means or otherwise engage in false, fraudulent, deceptive or misleading conduct in respect to your user identity;
  • sell, trade, resell, transfer or otherwise attempt to dispose of your log-on credentials, or otherwise exploit any content from the High Performance Profiling platform or assessments for any unauthorised commercial purpose;
  • allow anyone to access or view any part of the platform or assessments, or to distribute or publish any information whether written or verbal, which is contained therein except in the day-to-day use of the platform and services as provided in your agreement with High Performance Profiling;
  • modify, adapt, translate, or reverse engineer any portion of the High Performance Profiling platform;
  • remove any copyright, trademark or other proprietary rights and or notices contained in or on the High Performance Profiling platform, assessments or service;
  • use the platform in any way which infringes our intellectual property rights or those of any third party or in any way which damages or risks damaging our goodwill, brand or reputation;
  • use the platform to violate the legal rights, including but not limited to the rights of privacy, of others or to breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • use the platform to transmit material that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • misrepresent High Performance Profiling or the platform and assessments as being associated with, or with content of, another website, web service, software service, software or other service without our prior permission; and
  • send communication through the High Performance Profiling platform that passes off your own views as those of High Performance Profiling.

Account Security

You are given private access to the High Performance Profiling platform and you undertake and agree not to allow anyone to access or view any part of the High Performance Profiling platform, not to distribute or publish any information which is contained within the High Performance Profiling platform and High Performance Profiling assessments except in the day-to-day use of the High Performance Profiling platform for the agreed assessment activities.

You are solely responsible for the security of your password, log-on credentials or access details, or other security measures in respect of the High Performance Profiling platform.

You must maintain the confidentiality of login credentials and access details, and accept full responsibility for all activities that occur with your High Performance Profiling platform account. You are responsible for all electronic communications and other information entered through or under your user ID, access numbers or account numbers. You must not disclose any security measures to any other person and must keep those details confidential.

You are encouraged to sign out of your High Performance Profiling platform account at the end of each session.

You must notify us immediately of any actual or suspected breach of security related to the High Performance Profiling platform or your High Performance Profiling platform account including, but not limited to, unauthorised use of your password or other login credentials or access details.

You will not interfere with or construct your own system to access the High Performance Profiling platform, services and assessments.

Your High Performance Profiling platform account may be deactivated if you do not log in during a period of 180 days. To re-access your account you will be required to complete a reactivation process when prompted.

Complaints
If you have any complaints about the highperformanceprofiling.com service, please contact us at info@highperformanceprofiling.com

Changes to terms and conditions
We may change these terms and conditions at any time. Each time you use highperformanceprofiling.com you are agreeing to the terms and conditions applicable at that time. If we make substantial changes to these terms and conditions we will notify you of these changes 30 days in advance of such changes taking effect, in writing or by email to the address we currently hold for you.

Jurisdiction
The laws of New Zealand apply to these terms and conditions. Any dispute arising in relation to these terms and conditions will be resolved in accordance with New Zealand law.

Consumer Guarantees Act
Nothing in these terms and conditions limits your rights under the Consumer Guarantees Act 1993.

Contacting us
Please address any questions to customer services at  info@highperformanceprofiling.com

Email communications
All new members will be automatically signed up to receive email marketing communications. You can remove yourself from any email marketing communications by following the ‘unsubscribe’ prompt at the bottom of each email.

highperformanceprofiling.com is designed for modern versions of internet browsers running on current operating systems.

This includes Internet Explorer, Chrome, Firefox and Safari on Apple devices. If you are using Windows XP or Windows Vista, we recommend upgrading your operating system. Both these systems are no longer being supported by Microsoft, which means your system is much more vulnerable to malicious software. If you are unable to upgrade, we recommend ensuring your anti-virus program and Chrome browser are up to date.

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High Performance Profiling

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