Go here to get an estimate of your language-
based and number-based intellectual abilities.
Go here to take an actual (secure) assessment or to set up a test session for an applicant.
Go here to learn about yourself by taking the MBTI®, FIRO-B, CPI or TKI.
Go here to purchase a wide variety of tests, books and training aids.
Go here to learn about training options & enrol into one of our training programs.

APP Privacy Statement

Asianic Psychologists Press (APP) is committed to providing you with the highest levels of customer service and this includes protecting your privacy.

Our Purpose
APP provides psychological services that include information about our organisation and activities; training programs and the means (electronically and otherwise) to enrol in them; the provision of products and consultancy services, and online psychological assessments.

Visiting our websites does not require you to reveal personal information, but if you ask us for information, order products or services, register or enrol with us, take an online assessment of any kind, or otherwise use our websites, we collect personal details you submit and details of the transaction you carry out with us. Whenever you give us personal data via our website, you are consenting to its collection and use in accordance with our privacy policy.

The Personal Information We Collect and Store
Information collected and stored by APP may include your name, address and contact details (including your email address), details of the orders you place with us for products, training programs and other consultancy services, results you may obtain on our accreditation programs and accreditation status to purchase our and others’ restricted products, results you may obtain on any of our online and third party assessment instruments. We may also collect your credit card details. APP also conducts psychological testing services in its own right and on behalf of our clients and collects the results of these assessments. If you choose not to provide personal information such as that listed above, we may not be able to provide you with the services you require or the level of service that you expect.

How We Use the Information Collected
The personal information collected is used:

a to provide you with the products and services you request
b to send you our Catalogue and other promotional materials
c to provide you, and those of our clients you authorise us to inform, with results of assessments you may choose to take using our website
d to produce statistics for the ongoing validation of our assessment tools (in an aggregated, anonymous form only)
 
Disclosure of Your Personal Information
APP is committed to ensuring the security and integrity of your personal information, and uses the highest level of security encryption to this purpose. We will not disclose your personal information to third parties except:
a as necessary to fill your orders for product and services and to validate your payments
b to clients on whose behalf you are taking online assessments
c where the supplier/publisher of an online assessment is a third party, and then only in aggregated form
d where we believe, in good faith, that it is necessary to comply with the law or to protect the safety of APP, our customers or their clients or the public
e to subsidiaries or other companies within APP’s group
 

Credit card details are made available to banks for verification and payment purposes. These details are kept for the period required by law.

APP does, however, reserve the right to use the aggregated data for research and development purposes, but in such a manner as to make it impossible to identify an individual’s or a client’s results. APP also reserves the right to be able to state the name of clients, as customers of our services or our internet site for sales and marketing purposes, unless the client has expressly prohibited this.

Access to Your Personal Information Held by APP
APP takes all reasonable actions to ensure that the data we collect, use and disclose is accurate, complete and up-to-date. You may contact us and request a check of the accuracy of the information we hold about you. For security purposes, APP will make requests of you to ensure it is not conveying information to an unauthorised individual.

By choosing to use any of our assessment services, you acknowledge that you (and your legal guardians) have NO rights over the materials used for the assessments and that you do NOT have the right to access our test booklets or the questions contained in them, or your raw scores or specific answers to any questions.

APP reports the converted scores on our tests to you and to any of our clients you have authorised us to send results to. You may request that APP checks that these scores have been correctly reported.

Changes to this Policy
This privacy policy was produced in March 2004. APP reserves the right to modify or update the policy from time to time. If we change the policy in a material way, we will post notices of the changes on our website home page or other suitably prominent places.

David Freeman
Managing Director
APP
PO Box 810 Parkville Vic 3052
Tel: +61 3 9342 1300
Fax: +61 3 9349 2155
Email: info@asianicpsych.com.au

March 2004

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Terms & Conditions Governing the Use of the APP Website

This website offers four Services:

A. INFORMATION about the training programs, products and consulting services offered by APP. Please ensure you read the Terms & Conditions applying to copyright and accuracy of information.

B. PROGRAM ENROLMENT FACILITIES by which you can electronically apply to attend one or more of APP's training programs. Please ensure you read the Terms & Conditions applying to travel arrangements, cancellation and transfer fees.

C. SALE OF APP PRODUCTS whereby you can purchase materials, you are entitled to obtain by way of qualifications you hold, directly over the internet. Please ensure you read the Terms & Conditions applying to conditions of sale.

D. ON-LINE PSYCHOLOGICAL ASSESSMENT SERVICES whereby you or a client can practice or actually take a psychological assessment.

Terms and Conditions apply to each of these services and you need to agree to these stated terms BEFORE using them. They are set out in separate sections to better facilitate your reading and understanding the terms and conditions that apply to the part of the website you intend to use.

Section One - Information

1. Statement of Purpose
David G Freeman & Associates Pty Ltd (ABN 83 005 838 666) (DFA) is the provider of a service known as the Asianic Psychologists Press (APP) website. This site includes the ability to obtain information about APP, its products, Training Programs consultancy and other activities (Services), accessed through a website on the World Wide Web and located at http://www.asianichpsych.com.au.

The Service is provided to individuals and/or organisations (the Client) wishing to obtain information about APP.

All of these Services are provided under the following Terms and Conditions of this Agreement (T&C). These T&C's constitute the entire agreement between APP and the Client and/or the User and supersede all prior agreements between the parties regarding the matters contained herein.

2. Acknowledgement and Acceptance of Terms & Conditions
By accessing the website and continuing to use it, you (the Client) are indicating your agreement to be bound by all of the Terms and Conditions of this Agreement.

3. Description of the Service
The Service is the provision of information about APP's

  • Products
  • Training Programs
  • Consultancy Services
  • Online Psychological Assessment Services

4. Modification to Terms and Conditions
APP reserves the right to change the T&Cs from time to time. Upon any change to the T&Cs, APP will notify the Client and/or User either by posting the changes on the site or by written notice to the Client. Continued use by the Client and/or the User will constitute acknowledgement of the changes and agreement thereto.

5. Modifications to The Services
APP reserves the right to modify the Services, particularly the fees, programming and assessments offered, with or without notice to the Client and/or the User. APP will not be liable to the Client or any other party should APP exercise its right to modify the Services.

6. Limitation of Liability
APP warrants that the information provided on the site is up-to-date and accurate at the time of posting. However, the Services are provided on an "as is" and "as available" basis. The site may contain technical inaccuracies or typographical errors. APP assumes no responsibility for and disclaims all liability for any such inaccuracies, errors or omissions in this site and in other documents referred to within or linked to this publication, to the fullest extent to which these warranties and conditions can be excluded under applicable laws.

APP will not be liable for any indirect or consequential loss or damage of any kind whether foreseeable or contemplated by any party. Both Client and User acknowledge that APP is only providing information and any decisions based on that information are the sole responsibility of the Client.

7. Indemnity
The Client agrees to indemnify and hold APP, its officers and employees, indemnified against all costs, damages and liability in respect of or arising out of the use of the APP Services.

8. Governing Laws and Compliance
This Agreement is subject to all applicable Australian local, State and Federal laws and international laws and regulations.

This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, Australia. All parties hereby submit to the exclusive jurisdiction of the courts of Victoria, Australia.

Both Clients and Users agree not to use the Services for illegal purposes, not to interrupt or interfere with network connections and to comply with all the procedures and regulations of networks and internet service providers connected to the Services.

APP reserves the right, at its sole discretion, to immediately terminate the Services should a Client fail to conform with the conditions of the T&C.

9. Proprietary Rights

A
The Client acknowledges that the content of the Services, including but not limited to text, items (questions and alternative answers), graphics, sounds, pictures, photographs, video, software, algorithms results, spreadsheets or other material contained in or presented to either or both parties as part of the Services is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws.
B
The Client specifically agrees not to download any items in any manner to any form of equipment capable of capturing that item or to print them and retain them for any purpose.
C
The Client agrees not to copy, reproduce, distribute, create derivative works, decompile, disassemble or reverse engineer any part of the Services under ANY circumstances.
 

Section Two - Program Enrolment Facilties

1. Statement of Purpose
David G Freeman & Associates Pty Ltd (ABN 83 005 838 666) (DFA) is the provider of a service known as the Asianic Psychologists Press (APP) website. This site includes the ability to obtain information about and enrol in one or more of APP's Training Programs (Services), accessed through a website on the World Wide Web and located at http://www.asianicpsych.com.au.

The Service is provided to individuals and/or organisations (the Client) wishing to obtain information and subsequently enrol in one or more of APP's Training Programs.

All of these Services are provided under the following Terms and Conditions of this Agreement (T&C). These T&C's constitute the entire agreement between APP and the Client and/or the User and supersede all prior agreements between the parties regarding the matters contained herein.

2. Acknowledgement and Acceptance of Terms & Conditions
By submitting an Application To Attend an APP Training Program via our website, you (the Client) are indicating your agreement to be bound by all of the Terms and Conditions of this Agreement.

3. Description of the Services

A
APP is providing information about the TYPE, DATE, COST and LOCATION of each of the various training programs it conducts. Details concerning each program, including content, materials, prices, date and location are kept as up-to-date and accurate as possible, but may be subject to change without prior notice.
B
APP is providing On-Line Enrolment/Booking AND Payment facilities for each of its training programs. The Client agrees to make payment for any order via on-line credit card facilities, cheque posted after lodgement of the order, or charging details faxed to APP's office in Melbourne.
C
The Client acknowledges that APP is only offering on-line facilities for the Client to enrol in a program and that they have reviewed details of the program/s for which they are enrolling and the decision to enrol is entirely the responsibility of the Client.
   

4. Modification to Terms and Conditions
APP reserves the right to change the T&Cs from time to time. Upon any change to the T&Cs, APP will notify the Client and/or User either by posting the changes on the site or by written notice to the Client. Continued use by the Client and/or the User will constitute acknowledgement of the changes and agreement thereto.

5. Modifications to The Services
APP reserves the right to modify the Services, particularly the scheduling, fees, trainers and dates of programs offered, with or without notice to the Client and/or the User. APP will not be liable to the Client or any other party should APP exercise its right to modify the Services.

6. Program Entry
Conditions apply to entry to many of APP's training programs and Clients need to ensure that they are qualified to apply for a training program. These qualifications are stated in the information sections of the site, or can be obtained by telephoning APP and enquiring.

7. Cancellation of Programs by APP
Whilst every effort is made to conduct programs as announced, APP reserves the right to CANCEL any program for any reason. However, we undertake to reconfirm a program TWO WEEKS prior to commencement of that program.

APP advises that travel plans, especially interstate flight bookings, should NOT be made by a Client until reconfirmation from APP has been received. The Client specifically agrees that APP cannot and will NOT be responsible for any costs (travel-related or otherwise) incurred in attending any of its programs, particularly when APP cancels such a program.

8. Cancellation of Enrolment/s by Client
Client cancellation and transfer policies are set out in detail on each Enrolment Form. Clients undertake to familiarise themselves with these and agree to them before booking a place on a program.

A. Refunds:
The Client agrees that he/she may CANCEL attendance at an APP program or TRANSFER to another identical program, subject to the following conditions:

B. Transfer:
Client agrees that transfer fees will be:

  • NO cost if a request to transfer is received in writing a full two weeks prior to the program.
  • 20% of the total course fees, if requesting a transfer, in writing, less than two weeks before, but more than one week prior to the program.
  • 30% of the total course fees, if requesting a transfer, in writing, less than one week prior to the program.
The Client further agrees to pay the required transfer fee at the time of transfer or within seven (7) days of receipt of an invoice for such fees.

C. Cancellations

Client agrees that refunds for cancellations will be:

  • 95% of total course and materials fees, if notification of cancellation is received in writing a full two weeks prior to the program AND all materials are returned, in APP's opinion, in saleable condition. (5% will be retained by APP to cover despatch costs.)
  • 50% of total course and materials fees, if notification of cancellation is received in writing less than two full weeks but more than one week prior to the program AND all materials are returned in APP's opinion, in saleable condition.
  • No refund for cancellations received less than one week prior to the program.

9. Limitation of Liability
The Services are provided on an "as is" and "as available" basis. The site may contain technical inaccuracies or typographical errors. APP assumes no responsibility for and disclaims all liability for any such inaccuracies, errors or omissions in this site and in other documents referred to within or linked to this publication, to the fullest extent to which these warranties and conditions can be excluded under applicable laws.

Liability for the breach of any condition or warranty implied into this Agreement by the Act is limited, in APP's sole discretion, to the replacement or repair of the APP Services or the cost of replacing or repairing the APP Services or to supplying those services again or the cost of having the services supplied again.

APP will not be liable for any indirect or consequential loss or damage of any kind whether foreseeable or contemplated by any party.

10. Indemnity
The Client agrees to indemnify and hold APP, its officers and employees, indemnified against all costs, damages and liability in respect of or arising out of the use of the APP Services.

11. Governing Laws and Compliance
This Agreement is subject to all applicable Australian local, State and Federal laws and international laws and regulations.

This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, Australia. All parties hereby submit to the exclusive jurisdiction of the courts of Victoria, Australia.

The Client agrees not to use the Services for illegal purposes, not to interrupt or interfere with network connections and to comply with all the procedures and regulations of networks and internet service providers connected to the Services.

APP reserves the right, at its sole discretion, to immediately terminate the Services should a Client or a User fail to conform with the conditions of the T&C.

12. Proprietary Rights
The Client acknowledges and the User acknowledges that the content of the Services, including but not limited to text, graphics, sounds, pictures, photographs, video, software, algorithms, results, spreadsheets or other material contained in or presented to either or both parties as part of the Services is protected by copyrights , trademarks, service marks, patents and/or other proprietary rights and laws.

Section Three - Sale of APP Products

1. Statement of Purpose
David G Freeman & Associates Pty Ltd (ABN 83 005 838 666) (DFA) is the provider of a service known as the Asianic Psychologists Press (APP) website. This site includes the ability to purchase unrestricted and restricted products of various sorts (Service), accessed through a website on the World Wide Web and located at http://www.asianicpsych.com.au.

The Service is provided to individuals and/or organisations (the Client) wishing to purchase unrestricted and restricted products of various sorts.

All of these Services are provided under the following Terms and Conditions of this Agreement (T&C). These T&C's constitute the entire agreement between APP and the Client and/or the User and supersede all prior agreements between the parties regarding the matters contained herein.

2. Acknowledgement and Acceptance of Terms & Conditions
By selecting items and choosing to place an order to purchase products offered by APP via our website, you (the Client) are indicating your agreement to be bound by all of the Terms and Conditions of this Agreement.

3. Description of the Service

A APP is providing the Client with the ability to place orders for one or more of its products via its website.
B APP is providing an "electronic shopping cart" facility whereby the Client can order products, review any purchase in its entirety and confirm or change some aspect of that order, and determine the total cost of the order.
C APP further provides a secure facility whereby the Client can lodge details of his/her credit card/s in order to complete payment for the purchase of the order, OR can arrange to pay by cheque through the mail OR by faxing charging details to APP's Melbourne office.
   

4. Modification to Terms and Conditions
APP reserves the right to change the T&Cs from time to time. Upon any change to the T&Cs, APP will notify the Client and/or User either by posting the changes on the site or by written notice to the Client. Continued use by the Client and/or the User will constitute acknowledgement of the changes and agreement thereto.

5. Modifications to The Services
APP reserves the right to modify the Services, particularly the fees and actual products offered, with or without notice to the Client and/or the User. APP will not be liable to the Client or any other party should APP exercise its right to modify the Services.

6. Client Obligations

A The Client agrees to read and abide by the Terms & Conditions outlined on Page 85/86 of the APP 2002/3 Training & Product Directory (Directory).
B The Client agrees either NOT to attempt to purchase restricted items, or to lodge a Purchaser Qualification Form with APP prior to attempting to purchase restricted items, so that APP can determine the validity of the order.
C Although it is possible to order "restricted" items, it is understood and agreed by both parties that these will ONLY be ordered by and supplied to appropriately qualified Clients.
D The Client agrees to make payment for each and every order by mailing a cheque for the requisite amount, OR faxing charging details to APP's Melbourne office OR by using the on-line payment system using one of the following credit cards: American Express, Visa, Diners Club, Mastercard or Bankcard.
E The Client agrees to meet ALL costs associated with any order he/she places with APP via its website facility. These will be stipulated in full at the time of purchase, and will include any freight and/or additional handling charges associated with the purchase of product.
F The client agrees to pay in full any default charges that may be levied against APP for the Client's failure to pay credit card bills, or refused cheques.
G The Client agrees that ownership of the products does not transfer to the buyer until full payment is received by APP.
H The Client agrees to make any claims or to seek to return goods and obtain refunds in accordance with the Terms & Conditions outlined in APP's Directory.
I The Client agrees to use any product purchased from the APP website in accordance with the ethical and professional standards outlined in APP's current Directory.
   
7. APP Undertakings
A APP undertakes to despatch all orders received before 3:30pm that day, unless there is a shortage of stock, in which case the Client will be informed.

B

The prices charged for goods and services will be according to the website prices at the time of ordering, and will be inclusive of GST. However, prices are subject to change without notice and the price charged will be that at the time of ordering.
C
APP levies a standard shipping charge of 5% (10% if order is under $100.00) of the total order to cover postage and handling. Express courier delivery is available, but if requested, may incur further charges.
 

8. Disclaimer of Warranties

APP offers no warranty that the Services:

A are error-free,
B will be uninterrupted,
C will meet the Client's requirements, other than expressed in writing between APP and the Client.
   

9. Limitation of Liability
The Services are provided on an "as is" and "as available" basis. The site may contain technical inaccuracies or typographical errors. APP assumes no responsibility for and disclaims all liability for any such inaccuracies, errors or omissions in this site and in other documents referred to within or linked to this publication, to the fullest extent to which these warranties and conditions can be excluded under applicable laws.

Liability for the breach of any condition or warranty implied into this Agreement by the Act is limited, in APP's sole discretion, to the replacement or repair of the APP Services or the cost of replacing or repairing the APP Services or to supplying those services again or the cost of having the services supplied again.

APP will not be liable for any indirect or consequential loss or damage of any kind whether foreseeable or contemplated by any party. The Client acknowledges that APP is only providing products and any use of or decisions based on the use of those products are the sole responsibility of the Client.

10. Indemnity
The Client agrees to indemnify and hold APP, its officers and employees, indemnified against all costs, damages and liability in respect of or arising out of the use of the APP Services.

11. Governing Laws and Compliance
This Agreement is subject to all applicable Australian local, State and Federal laws and international laws and regulations.

This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, Australia. All parties hereby submit to the exclusive jurisdiction of the courts of Victoria, Australia.

The Client agrees not to use the Services for illegal purposes, not to interrupt or interfere with network connections and to comply with all the procedures and regulations of networks and internet service providers connected to the Services.

APP reserves the right, at its sole discretion, to immediately terminate the Services should a Client fail to conform with the conditions of the T&C.

12. Proprietary Rights

A The Client acknowledges that the content of the Services, including but not limited to text, graphics, sounds, pictures, photographs, video, software, algorithms, results, spreadsheets or other material contained in or presented to either or both parties as part of the Services is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws.
B The Client specifically agrees not to download any items in any manner to any form of equipment capable of capturing that item or to print them and retain them for any purpose.
C The Client agrees not to copy, reproduce, distribute, create derivative works, decompile, disassemble or reverse engineer any part of the Services under ANY circumstances.
D All parties agree that the Clauses relating to Proprietary Rights endure past the termination of this Agreement.
   

Section Four - Online Psychological Assessment Services

1. Statement of Purpose
David G Freeman & Associates Pty Ltd (ABN 83 005 838 666) (DFA) is the provider of a service known as the Asianic Psychologists Press (APP) website. This site includes Online Psychological Information and Assessment Service (Services), accessed through a website on the World Wide Web and located at http://www.asianicpsych.com.au.

The Services are provided to:

A individual/s or organisations (Client) that might want to conduct a psychological assessment of an applicant (Client-initiated assessment - CIA), and/or
B applicants (User) who are to be assessed by the Client and/or
C a User (User) who might want to practise taking a test and gain an estimate of his/her abilities and/or personality functioning for their own purposes.
   

All of these Services are provided under the following Terms and Conditions of this Agreement (T&C). These T&C's constitute the entire agreement between APP and the Client and/or the User and supersede all prior agreements between the parties regarding the matters contained herein.

2. Acknowledgement and Acceptance of Terms & Conditions
By selecting and clicking on the "Agree" option on the opening page to a practice Assessment or a Client-initiated assessment, you (the Client and/or the User) are indicating your agreement to be bound by all of the Terms and Conditions of this Agreement.

3. Description of the Services

A APP is providing the Client with a licence to access various assessment instruments, programs, software, databases and other related items on the stipulated website. The preparation for and subsequent administration to a User of each assessment is explained on the screens preceding the assessments. The results are supplied separately by APP directly to the Client.
B APP is providing the User with access to various indicative assessment tools, for a fee specified on the site screen at the time of the assessment. Both APP and the User acknowledge that the results produced from the assessment are ONLY indicative and are subject to change and to possible error of measurement. To be clear, it is acknowledged between the parties that the purposes for taking the practice test assessment include practise taking a test of this type over the internet, and obtaining a rough estimate of User ability on such a test.
C Both Client and User acknowledge that APP is only providing online assessments, and interpretations of the results of any and all tests undertaken and any decisions based on such interpretation/s are the sole responsibility of the Client, where the assessment is client-initiated, or the User, where the User voluntarily takes a practice test.
   

4. Modification to Terms and Conditions
APP reserves the right to change the T&Cs from time to time. Upon any change to the T&Cs, APP will notify the Client and/or User either by posting the changes on the site or by written notice to the Client. Continued use by the Client and/or the User will constitute acknowledgement of the changes and agreement thereto.

5. Modifications to The Services
APP reserves the right to modify the Services, particularly the fees, programming and assessments offered, with or without notice to the Client and/or the User. APP will not be liable to the Client or any other party should APP exercise its right to modify the Services.

6. Client and User Obligations
The Client and/or the User agree/s:

A to provide all equipment required to access the Services,
B to meet any telephone or other fees associated with the access,
C to use the Services ONLY for the purposes of conducting assessments and analysing the results thereof and for no other purpose,
D to accept full responsibility for the ethical use of the Services including without limitation the provision of feedback to any User,
E to accept full responsibility to meet the fees for the Services in accordance with the T&C,
F to provide current, complete and accurate information, as requested by the Services.
   

7. Client Accounts, User Access, Passwords and Security
Upon APP's acceptance of a Client, APP will issue the Client with passwords necessary to set up an assessment, within the Services, for one or more Users. In turn, the Client will issue User/s with access passwords which enable them to take assessments for the Client. The Client is entirely responsible for maintaining the confidentiality of the passwords and is entirely responsible for any and all use and access to the Services which occur using passwords assigned to the Client. The Client agrees to immediately notify APP of any unauthorised use of the Client's passwords or any other breach of the T&Cs or security, known to the Client.

Upon payment via the internet of the stipulated fee, APP will provide the User with access to a "practice test", together with a password that enables re-entry to the test, if not fully completed in one sitting. The User is entirely responsible for maintaining the confidentiality of this password and entirely responsible for any and all use and access to the Services which occur using the password assigned to the User. The User agrees to immediately notify APP of any unauthorised use of the User's password or any other breach of the T&Cs or security, known to the User.

8. Fees, Taxes and Payments

For Clients:

A Fees shall be negotiated directly between APP and the Client and shall be confidential between the parties.
B The Client agrees to pay the fees for the use of the Services within 14 days of being billed by APP.
C In the event of payment not being received within the 14 days, any unpaid balance shall bear interest at the rate of 1% per month, or the maximum amount allowed by law, if lower. APP reserves the right to discontinue Client access to the Services, if payments are outstanding.
D Prices quoted include Australian GST of 10%, but are exclusive of any further taxes. The Client will reimburse APP for any extra taxes, fees or charges imposed on APP at the time of sale or thereafter.
   
For Users:
A The User, when accessing the practice test, must pay the fees specified on the site at the time of the assessment by way of one of the credit cards offered for the transaction.
B Where the payment is made by credit card, the User authorises APP to disclose the User's credit card details to and obtain information from any financial institution or credit card issuer to verify the credit card details; to verify that sufficient credit to meet all fees payable under this agreement are available, and to charge all fees incurred for use of the Services to the designated credit card.
C Refunds will be made at the absolute discretion of APP and will be subject to a 15% processing fee, to cover compulsory bank charges associated with the original and the refund transaction.
   

Both Client and User acknowledges that they are not entitled to the results, reports or any feedback related to any of the assessments until all fees are paid in full in accordance with this Agreement.

9. Confidentiality (Conformity with the Privacy Act)
APP warrants that it will use reasonable endeavours to ensure the confidentiality of information provided or transmitted via the Services. We undertake not to make the information available to any third party and will only use the information in accordance with any agreement between APP, the client and the User. APP does however, reserve the right to use the aggregated data for research and development purposes, but in such a manner as to make it not possible to identify the results in any form of individuals (Users) and or Clients. APP also reserves the right to be able to state the name of Clients, but never Users, as customers of the site for sales and marketing purposes, unless the client has expressly prohibited this.

10. Disclaimer of Warranties
APP offers no warranty that the Services:

A are error-free,
B will be uninterrupted,
C will meet the Client's requirements, other than expressed in writing between APP and the Client.
   

11. Limitation of Liability
The Services are provided on an "as is" and "as available" basis. The site may contain technical inaccuracies or typographical errors. APP assumes no responsibility for and disclaims all liability for any such inaccuracies, errors or omissions in this site and in other documents referred to within or linked to this publication, to the fullest extent to which these warranties and conditions can be excluded under applicable laws.

Liability for the breach of any condition or warranty implied into this Agreement by the Act is limited, in APP's sole discretion, to the replacement or repair of the APP Services or the cost of replacing or repairing the APP Services or to supplying those services again or the cost of having the services supplied again.

APP will not be liable for any indirect or consequential loss or damage of any kind whether foreseeable or contemplated by any party. Both Client and User acknowledge that APP is only providing online assessments, and interpretations of the results of any and all tests undertaken and any decisions based on such interpretation/s are the sole responsibility of the Client, where the assessment is client-initiated or the User, where the User takes a practice test.

12. Indemnity
The Client agrees to indemnify and hold APP, its officers and employees, indemnified against all costs, damages and liability in respect of or arising out of the use of the APP Services, including the User's provision of the User input and any breach of the User Agreement by the User, where the use is client-initiated, and any breach of this Agreement by the Client.

The User agrees to indemnify and hold APP, its officers and employees, indemnified against all costs, damages and liability in respect of or arising out of the use of the APP Services, including the User's provision of the User input and any breach of the User Agreement by the User.

13. Governing Laws and Compliance
This Agreement is subject to all applicable Australian local, State and Federal laws and international laws and regulations.

This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, Australia. All parties hereby submit to the exclusive jurisdiction of the courts of Victoria, Australia.

Both Clients and Users agree not to use the Services for illegal purposes, not to interrupt or interfere with network connections and to comply with all the procedures and regulations of networks and internet service providers connected to the Services.

APP reserves the right, at its sole discretion, to immediately terminate the Services should a Client or a User fail to conform with the conditions of the T&C.

14. Proprietary Rights

A The Client acknowledges and the User acknowledges that the content of the Services, including but not limited to text, items (questions and alternative answers), graphics, sounds, pictures, photographs, video, software, algorithms, results, spreadsheets or other material contained in or presented to either or both parties as part of the Services is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws.
B The Client/User specifically agrees not to download any test items in any manner to any form of equipment capable of capturing that item or to print them and retain them for any purpose.
C The Client/User agrees not to copy, reproduce, distribute, create derivative works, decompile, disassemble, reverse engineer any part of the Services under ANY circumstances.
D A number of the assessments provided by the Services produce results, either to the screen or subsequently in a written report. The Client and the User may obtain and store, the results of any assessment legitimately obtained by using the Services, in a manner determined by APP.
   
15. Termination of Agreement
A This Agreement shall commence for the Client, upon receipt of a Letter of Acceptance of the APP Services from the Client to APP, notwithstanding that the Client may never actually use the Services, and shall continue until terminated in accordance with this Clause 15.
B This Agreement shall commence for the User when the User clicks on the "Agree" button prior to the commencement of a practice test.
C This Agreement will terminate for the Client, when they decide not to issue further passwords to prospective Users, and for Users, when they receive the results of their assessment.
D All parties agree that the Clauses relating to Proprietary Rights and the Clauses relating to use of results endure past the termination of this Agreement.
   

16. Notices
Notices between the parties shall be in writing and made either by post or email to the addresses required by the Services to operate.

© Copyright 2004 David G Freeman & Associates Pty Ltd, PO Box 191 Carlton South Vic Australia 3053. All Rights Reserved. All DFA and APP information, materials, graphics and documents contained in this website are protected by copyright. Any infringement will result in legal action.

   

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Trademarks & Copyright

This site and the products referred to in it are all protected by copyright. Clients using trademarked materials must acknowledge them by including either the symbol ® or TM after their first use and printing the appropriate acknowledgment in an appropriate space below, on the same page. Failure to acknowledge these trademarks may result in legal action.

Here are the required acknowledgments:

® Myers-Briggs Type Indicator, MBTI and Introduction to Type are registered trademarks of the Myers-Briggs Type Indicator Trust.
® Strong Interest Inventory is a registered trademark of Stanford University Press
™ Strong logo, California Psychological Inventory, CPI, Spectrum CPI 260, FIRO-B and the FIRO-B logo are trademarks of CPP Inc.
® OPP is a registered trademark of Oxford Psychologists Press Ltd
™ CPP Asia Pacific and Asianic Psychologists Press are trademarks of APP.
® Center for Creative Leadership, its logo, Benchmarks and SKILLSCOPE are registered trademarks owned by the Center for Creative Leadership.
™ Looking at Type is a trademark of CAPT
™ ABLE is a trademark of Oxford Psychologists Press Ltd
   
 

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