End User License Agreement
Please read the terms and conditions of this End User License Agreement (“Agreement”) carefully before undertaking an Assessment or using the System. This is a legally binding contract. By undertaking an Assessment or using the System, you accept all the terms and conditions of this Agreement. If you do not agree with the terms and conditions of this Agreement, do not continue undertaking an Assessment or using the System.
- Access to the System
- Before a Candidate is able to access the System and participate in an Assessment, the Candidate will be required to register. Upon completion of registration, Predikt-r will provide the Candidate with log-on credentials to access the System.
- Where the Candidate is given a user name and password which enables access to the System, the Candidate is responsible for keeping this user name and password confidential. The Candidate agrees not to share the user name and/or password with any other person and agrees to inform Predikt-r immediately in the event that the Candidate becomes aware that the security of his or her user name and/or password may be compromised to enable Predikt-r to disable it or them.
- The Candidate agrees to provide full, accurate and true information about himself or herself when submitting information to the System and, where applicable, to keep such information regularly updated to ensure that it remains full, accurate and true in all respects.
- Use of the System
- Subject to the Candidate’s full compliance with this Agreement, Predikt-r grants the Candidate a non-exclusive, non-transferable, non-sublicensable, revocable licence to register as a Candidate and to access and use the System for the purpose of participating in Assessments in accordance with this Agreement.
- The Candidate acknowledges that:
- a Candidate may consent to the disclosure of valid System Services Data obtained through use of the System in relation to this Agreement to Customers other than the Customer who originally invited the Candidate to undertake an Assessment;
- System Services Data is persuasive rather than conclusive and should always be used by Customers in conjunction with other available information, however Predikt-r has no control over and no responsibility for any decisions taken by a Customer in relation to the System Services Data relating to any Candidate;
- due to the inherent limitations, the System may not properly or fully assess the capability of every person who takes an Assessment;
- the Candidate is given private access to an Assessment and the System and undertakes and agrees not to allow anyone to access or view any part of the System or the Assessments, not to distribute or publish any information which is contained within the System or the Assessments; and
- the Candidate acknowledges that Predikt-r owns all right, title and interest in and to the System Services, including without limitation all Intellectual Property rights therein (“Predikt-r Rights”), and Predikt-r Rights are protected by intellectual property laws.Accordingly, Candidate’s must not copy, reproduce, alter, modify, reverse engineer or create derivative works from the System, save as permitted by law. You must not use any robot, spider, other automated device, or manual process to monitor any content from, hosted by or that is otherwise available using the System. The Predikt-r Rights include rights to the System developed and provided by Predikt-r, all software associated with the System and the Intellectual Property of Predikt-r. The Predikt-r Rights do not include third-party content used as part of the System, including the content of third party communications appearing on the System.
- Access to Data
- The Candidate acknowledges and agrees that Predikt-r is the owner of all information collected by or through use of or access to the System.
- Following completion of the Assessments, Candidates may be provided with their System Services Data. However, neither Candidates nor Customers will be provided with copies of the Assessments undertaken and/or the Candidate’s responses thereto, as such information forms part of the Predikt-r’s Rights. Customers may elect to withhold System Services Data from Candidates and if so, Candidates will not receive feedback reports containing assessment results; and
- Candidate Data collected by Predikt-r during the Candidate’s use of the System may be kept by Predikt-r for developmental, statistical, analytical and/or archival purposes.
- All data collected during the Candidate’s use of the System will be dealt with in accordance with this Agreement. Predikt-r acknowledges that the Candidate Data and communications via the System, including those between Candidates and Customers, are confidential and the Candidate acknowledges that these may be read or accessed by Predikt-r employees in the maintenance and monitoring of the System and provision of the System Services, subject to Predikt-r’s obligations of confidentiality.
- Third Party Services
- Limitation of Liability
- The Candidate expressly agrees that use of the System is at the Candidate’s own risk. The System Services and the System are provided on an “as is” and “as available” basis. To the extent allowed by law, Predikt-r’s liability for breach of a term implied into this Agreement is excluded.
- To the fullest extent permissible at law, Predikt-r is not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the provision of or failure to provide the System Services, or for any content obtained through the System, any comments on or analysis of a Candidate, any impact of any comments or analysis in respect of any decision of any person to make an employment offer or employ a Candidate or otherwise arising out of the System Services, whether based on contract, negligence, strict liability or otherwise, even if Predikt-r has been advised of the possibility of damages.
- Predikt-r does not warrant that the System will always be available or be uninterrupted and Predikt-r reserves the right to suspend, discontinue, withdraw or amend the System or any content on it without notice to the Candidate. From time to time, Predikt-r may restrict access to some parts of the System, or the entire System, to all users and, if the need arises, Predikt-r may close the System indefinitely. Predikt-r will not be liable to the Candidate if for any reason the System is unavailable at any time or for any period.
- Security and Privacy
- All parties must use their reasonable endeavours to ensure that access to and information provided by the System is protected at all times during and as called for by this Agreement from unauthorised access or use by a third party and from physical misuse, damage or destruction by any person.
- All System Services Data and any other personal information about the Candidate will be treated in accordance with the terms of this Agreement.
- This Agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this Agreement, and supersedes any prior agreement or understanding on anything connected with that subject matter. Each party has entered into this Agreement without relying on any representation by any other party or any person purporting to represent that party.
- Predikt-r may amend the terms of this Agreement from time to time. Each time the Candidate participates in an Assessment the terms of the Agreement in force at the time of such participation will apply to the Agreement between Predikt-r and the Candidate.
- The law in Queensland and the Commonwealth of Australia governs this Agreement and the parties submit to the non-exclusive jurisdiction of the courts of Queensland.
|Assessments||means any professionally developed psychometric assessments designed specifically to identify and predict various attitudes, traits, abilities and likely actions of Candidates.|
|Candidate||means the party so name in this Agreement and an individual (an applicant, a candidate, a jobseeker, an employee current, prospective or future or a non-employee of the Customer) who is asked to participate in Assessments.|
|Candidate Data||means the input of data, answers and other personal information as requested from time to time by the System and provided by the Candidate.|
|Customer||shall mean a person or entity that purchases Predikt-r System Services from the Predikt-r.|
|Intellectual Property||means any and all (by whatever name or term known or designated) tangible and Intangible and now known or hereafter existing: copyrights, trademarks, trade names, trade secrets, know-how, patents, any other intellectual and Industrial property and proprietary rights, of every kind and nature throughout the world and however designated, and including all registrations, applications, renewals, extensions thereof.|
|System||means Predikt-r’s (or its licensors’ or suppliers’) proprietary recruiting, development, testing and assessment tools, and all other software, information, URLs and links, questions, tests, tools, data, databases, designs, algorithms, user interface designs, architecture, class libraries, objects and documentation, network design, know-how and other information or materials supplied or provided by Predikt-r, or otherwise resulting from or used as part of or in connection with the Services.|
|System Services||means providing access to and use of the System and System Services Data.|
|System Services Data||means the Candidate Data, feedback, information and reports provided by the System based on Candidate Data.|