Myprofile Pty Ltd - Terms and Conditions
1.Definitions
- Applicant refers to a person who completes a Myprofile online assessment.
Applicants may also be Clients if they complete a Myprofile assessment through
its web site and purchase reports by credit card.
- Client refers to a person, business, company or organisation that has
entered into an agreement with Myprofile to access online assessment for an
agreed fee.
- Terms refers to the Terms and Conditions as established by Myprofile
Pty Ltd.
- Myprofile refers to Myprofile Pty Ltd, a registered Australian
business located in Sydney NSW.
2.Introduction
Our Terms and Conditions are set out below under which you may use Myprofile
online assessment either as an Applicant or a Client.
MYPROFILE Pty Ltd (ACN 097 530 428) provides Applicants and Clients access to
the MYPROFILE Online Behavioural Assessment Program. Please read these
carefully. If you do not accept these Terms do not use Myprofile. By proceeding
with an assessment you acknowledge that you have agreed to these Terms.
Myprofile may update these Terms from time to time and you should review this
page regularly.
All use of the contents of Myprofile including trademarks, logos,
information, reports, graphs, comment, job observations and the process by which
reports are analysed and delivered are the property of Myprofile Pty Ltd.
Reports are protected by copyright and cannot be used without reference to
Myprofile.
3. Acknowledgments
The Applicant and Client acknowledge that Profile Reports are based solely on
information provided by the Applicant in response to an online questionnaire and
that MYPROFILE cannot warrant the accuracy or truthfulness of the Applicants
response.
Myprofile reports are intended to provide general behavioural information
regarding the Applicants personality and is a guide to assist Applicants and
Clients find “the right person for the job”. It does not in any way suggest or
infer that an Applicant cannot do a job successfully if their profile does not
match the job requirements.
Myprofile should not be used as the sole basis of determining suitability for
employment.
4. Limitation of Liability and Indemnity
MYPROFILE, its Directors, Associates, Staff or Clients are not liable for any
direct, indirect, punitive, incidental, special, consequential damages or any
damages whatsoever including and without limitation, any damages arising out of,
or in anyway connected with, the use or performance of the MYPROFILE Report or
analysis of the Applicant or any impact of any comments or analysis in respect
of any decision of any person to employ, continue to employ or offer employment
to, the Applicant or otherwise, arising out of the use of the MYPROFILE Program.
In no event shall Myprofile, its officers, employees, partners and agents be
liable to you for any damages or claim for lost profits or income, failure to
secure or maintain employment, loss or depletion of goodwill or loss of
opportunity, emotional stress and suffering, or damages resulting from lost data
or business interruption or any indirect or consequential loss resulting from
your use, inability to use, interruption, suspension or termination of the Web
Site, online assessment, or your reliance upon any material or report, whether
based on a breach of warranty, or contract, tort, misrepresentation or otherwise
5. Warranties
MYPROFILE does not view or retain copies of the Applicants Reports. Reports
are sent electronically to the e-mail address specified by the Applicant. If the
Applicant is requested by a Client to complete a report then a copy of the
report is also sent to the person requesting the Applicant complete a report.
6. Termination
Myprofile may terminate a Client agreement by giving the Client 30 days
notice in writing by email to this effect. Clients wishing to terminate their
agreement with Myprofile must give 30 days notice in writing by email.
7. Fees
Fees are set by Myprofile and include Goods and Services Tax (GST). Fees are
published on the company’s web site www.myprofile.com.au . Myprofile reserves
the right to set fees as may be determined by the company and to advise Clients
by notifying them in writing by email 30 days in advance of any variation.
8. Web Site
Myprofile uses all reasonable efforts to ensure the contents of its Web Site
are accurate and up to date and that the Web Site is available 24 hours a day.
However, the information may contain inaccuracies or typographical errors, and
Myprofile makes no representations about the accuracy, reliability,
completeness, or timeliness of the information, software or links. Changes are
periodically made to the Web Site and may be made at any time. The Web Site may
be unavailable or access may be interrupted from time to time due to technical
failure. Myprofile does not warrant that this Web Site and its server are free
of computer viruses, infection, worms and Trojan horses and other harmful codes
or properties. If your use of the Web Site or the information results in the
need for servicing or replacing equipment or data, Myprofile is not responsible
for those costs.
Under no circumstances shall Myprofile be held liable for any delay or
failure in performance resulting directly or indirectly from acts of nature,
forces, or causes beyond its reasonable control, including without limitation,
incorrect email addresses,internet failures, computer equipment failures,
telecommunication equipment failures, other equipment failures, electrical power
failures, orders of domestic or foreign courts or tribunals, or non-performance
of third parties.
9. Jurisdiction
This Agreement is governed by and construed in accordance with the laws of
New South Wales, Australia and the Parties agree to submit to the exclusive
jurisdiction of the courts of New South Wales, Australia. Any legal matter
arising will commence and conclude within the jurisdiction of the NSW Courts.
