WEBSITE TERMS OF USE: (www.teamprenuers.com.au) (the "Website")
Important Legal Notice
ATTENTION: This legal notice applies to the entire contents of this Website and to any correspondence between DifferenThinking company and its subsidiaries and holding companies and their subsidiaries. Its agents and sub-contractors from time to time ("Us", "Teamprenuers Assessment", "our" and/or "We") and you. Please read these terms carefully before using this website. Use of our Website includes accessing, browsing, or registering to use our Website and doing so indicates that you accept these terms regardless of whether or not you choose to register with Us.
General
Access to and use of the Website, and the information and search services available through the Website, are subject to these terms and conditions of use (the "Terms of Use"). By accessing any part of this Website, you are agreeing to these Terms of Use in full. If you do not accept these Terms of Use in full, you must leave this Website immediately.
These Terms of Use refer to the following additional terms, which also apply to your use of our Website:
- Our Privacy Policy, which sets out the terms on which We process personally identifiable information which We may collect from you, or that you provide to Us. By using our Website, you consent to such processing and you warrant that all such information provided by you is accurate.
- If you purchase the Teamprenuers assessment services from Us, our standard terms will apply to the sale of such services ("Services").
Certain aspects of these Terms of Use may be supplemented by expressly designated legal notices or specific terms located on particular pages of this Website ("Specific Notices").
These Terms of Use and any Specific Notices shall prevail over any other terms of use in any other document or order that you place. No variation of such documents shall be effective unless agreed in writing between you and Us.
We may revise these Terms of Use at any time by updating this page. You should check this Website from time to time to review the then current Terms of Use, because they are binding on you.
About Us
Our Website is operated by DifferenThinking, Melbourne, Australia – ABN 99762449452
Disclaimer
While We endeavor to ensure that the information on this Website is correct, We do not guarantee the accuracy or completeness of the material on this Website. The material on this Website may be out of date, and We do not make any commitment to update this material. We may make changes to the material on this Website or to any services, products or prices described in it, at any time without notice.
We also do not warrant that this Website, or websites which are linked with this Website, are free from computer viruses or any other malicious or impairing computer programs.
The content, information and material on this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, We provide you this Website on the basis that We exclude all representations, warranties, conditions and other terms which but for these Terms of Use may have effect in relation to this Website, except to the extent that such terms have been given expressly.
Intellectual Property and Content
The copyright and other intellectual property rights in all content and material on this Website (including without limitation photographs, logos, trademarks and graphical images) are owned by DifferenThinking, its affiliates, holding or subsidiary companies, or licensors, unless otherwise stated or indicated. All rights which are not expressly granted in these Terms of Use are reserved.
No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service.
Use of any extracts from this Website is prohibited. In particular, you are not in any event permitted to:
- publish, distribute or otherwise reproduce in any format any of the content or copies of the content of this Website;
- use any content from this Website in connection with any business or commercial enterprise including, without limitation, any media business or enterprise; or
- modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on any software or any documentation accompanying such software or other content available on or through this Website.
If you breach any of these Terms of Use, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
Service Access
While We endeavor to ensure that this Website is normally available 24 hours a day, We will not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, reasons beyond our control or any other reason.
You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use, and that they comply with them.
Visitor Material and Conduct
Any material you transmit or post to this Website or supply to Us in relation to the Website will be considered non-confidential and non-proprietary. We will have no obligations in relation to such material. You retain all of your ownership rights in your content, but you provide to Us (and our designees) a perpetual, worldwide, non-exclusive, royalty-free, transferable license to use, copy, disclose, distribute, prepare derivative works of, display, and otherwise use such material and all data, images, sounds, text and other things embodied in any such material for any and all commercial or non-commercial purposes, and you confirm that you have all necessary rights and licenses to enable Us to do so.
We also have the right to disclose your identity to any third party who claims that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Website.
You are prohibited from posting or transmitting to or from this Website any material or doing anything in connection with your use of this Website:
- which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party anywhere in the world;
- that is in any way threatening, defamatory, offensive or obscene, indecent, seditious, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, copyright, privacy or any other rights or which may cause annoyance or inconvenience;
- for which you have not obtained all necessary licenses and/or approvals;
- which is technically harmful (including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
- which involves misusing the Website (including without limitation by hacking) or which attempts to affect the performance or functionality of any computer facilities of or accessed through the Website;
- which involves sending any unsolicited advertising or other promotional material, commonly referred to as "Spam".
You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them or locate anyone posting any material in breach of these Terms of Use. In the event of such a breach, your right to use our Website will cease immediately.
You shall fully indemnify DifferenThinking from time to time (which means our subsidiaries, our ultimate holding company and its subsidiaries), our officers, directors, employees, shareholders affiliated companies including its subsidiaries and agents for any loss or damage suffered as a result of breach of your obligations in the above two paragraphs.
Links to and from Other Websites
Any links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control, and are not responsible for these websites or their content or availability. We do not therefore endorse or make any representations about these websites, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website you do so entirely at your own risk.
If you would like to create a link to this Website, please contact Us first at
admin@differenthinking.com.au to request permission. Any links to this Website may only be on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
- you do not remove, distort or otherwise alter the size or appearance of our trading names and logos;
- you do not create a frame or any other browser or border environment around this Website;
- you do not in any way imply that We are endorsing any products or services other than our own;
- you do not misrepresent your relationship with Us, nor present any other false information about Us;
- you do not otherwise use any trademarks and trading names displayed on this Website, including Saville Assessment, or Towers Watson, without our express prior written permission;
- you do not link from a website that is not owned by you; and
- your website does not contain content that is distasteful, offensive, controversial or, in our opinion, is or is likely to be detrimental to our reputation, infringes any intellectual property or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke any right which We grant to link to the Website at any time including without limitation for breach of any of these Terms of Use, and to take any action that We deem appropriate.
You shall fully indemnify DifferenThinking, our officers, directors, employees, shareholders, affiliated companies, including its subsidiaries and agents for any loss or damage suffered as a result of breach of your obligations in this paragraph entitled "Links to and from Other Websites".
Registration
Where you register to use this Website, each registration is for a single user only. We do not permit you to share your username and password with any other person, nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.
We have the right to disable any username or password, whether chosen by you or allocated by Us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify Us at
admin@differenthinking.com.au.
Liability
We and any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption), and whether in contract, tort (including, without limitation, negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- this Website or its use;
- your, or any participant's, inability to use this Website or the results of any psychometric assessments provided through it; and/or
- any websites linked to this Website or the material on such websites.
If you are a consumer, please note that We only make our Website available to you for domestic and private use. You agree not to use our Website for any commercial or business purposes, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage due to virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
Nothing in this legal notice shall exclude or limit our liability for:
- death or personal injury caused by negligence;
- fraud;
- misrepresentation as to a fundamental matter; or
- any liability which cannot be excluded or limited under applicable law.
If your use of material on this Website results in the need for servicing, repair or correction of any of your equipment, software or data, you shall be responsible for any related costs.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any Services by Us to you.
Governing Law and Jurisdiction
If you are a consumer, please note that these Terms of Use, its subject matter and its formation, are governed by the Victorian (Australia) law.
Miscellaneous
If any provision of these Terms of Use is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the provision in question shall not be affected.
Any notice required or permitted to be given by Us to you shall be made by email in accordance with the details that you have submitted to Us. Any notice that you give to Us must be sent to our address given below, in writing.
