Terms and Conditions for use of the Test Distribution Platform

These are the Terms and Conditions (“Terms”) under which you may use the tests (“Tests”) published on our Test Distribution Platform (“TDP”). Please read these Terms carefully. These Terms form part of the agreement between you and JBS Executive Education Limited (“JBSEEL”, “we”) for the use of the TDP (“the Agreement”) and shall be deemed accepted by you when you request in any manner that we issue you with tokens and we agree to provide the tokens for online test administration. JBSEEL reserves the right to revise the Terms at any time and the latest version of the Terms will apply to you. Please ensure you review the Terms regularly.

By accessing the TDP you agree to the bound by these Terms.

1. Payment

We will invoice you for each token issued at the price set out on our website or communicated to you for the Test(s) you have requested. The price is exclusive of any value added tax. Payment of the price for the tokens is due in the invoiced currency within 30 days of the date of invoice or within any other period agreed by JBSEEL from time to time.

2. Use of Material: Copyright and Trademarks

The components of the TDP and the Tests hosted there, including any and all items, assessments, scoring methods, narratives, layout, text, data, graphics, charts, norms, reports, manuals, documents, trademarks and any other resources (“the Material”) are the property of JBSEEL or its licensors and are protected by copyright, database, trademark and other intellectual property rights.

You may download and print copies of the Material, including the reports generated from tokens that have been assigned to you as further described below (“Report(s)”), as required for your own use in accordance with your test administration procedure (but for no other purpose). You must retain all copyright and other proprietary notices contained in the Material when printing copies. You may not reproduce the Material for sale to a third party. The use of the Material on any other website is prohibited without the explicit written permission of JBSEEL. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Material, or any software or computer programmes used in connection with the TDP. You also agree not to alter, deface or remove any reference to the trademarks, any reference to JBSEEL, the University of Cambridge Psychometrics Centre, the University of Cambridge or any other name displayed on the Material.

Except as expressly provided in this Agreement, nothing within any of the Material shall be construed as conferring any licence to you under any of JBSEEL’s or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Copyright in the text (not the layout or structure) of any Reports generated by you shall belong to you, and is hereby assigned to you.

3. Use of the TDP tokens

The TDP is an online platform for the management of tokens and Reports.

Tokens are unique URL links which govern access to Tests on the TDP. Each token is valid for a single administration of a given Test. Tokens are generated by JBSEEL and assigned to your account in accordance with the Tests you have requested. It is your responsibility to distribute tokens to your intended participants in accordance with your own test administration procedure, and JBSEEL plays no role in this distribution. Once a given token is opened by a participant and the entire test completed, the responses are automatically scored and the token is converted into a Report.

Tokens may have an expiry period within which they must be used and after which they will no longer grant access to the Test. The expiry date of every token is clearly indicated in the TDP dashboard under the ‘Tokens’ tab and it is your responsibility to ensure tokens are distributed and used within the period where relevant. Refunds cannot be issued for tokens which were not used prior to expiry for any reasons beyond the control of JBSEEL.

4. Use of the TDP Reports

Reports are documents containing results and profiles based on automatic scoring of the responses to a given Test by a participant. Reports are intended to provide general information and guidance only in relation to the psychological construct(s) that the TDP assessment(s) purport(s) to measure, as described further in the technical manual and specification of each Test. The Reports provided by the TDP ought not to be the sole basis for determining suitability for employment, eligibility for training or funding, access to resources or any other individual or group outcomes of importance. It is your responsibility to comply with the applicable legislation, professional guidelines and evolving best practices governing the use of psychometric instruments in your particular jurisdiction and administration context and to undertake the necessary accredited training and qualification for proper use of these instruments. For information, the British Psychological Society publishes best practice guidelines and a list of verified training providers in the UK.

Upon purchasing tokens for the administration of Tests through the TDP, you will be provided with login credentials to the platform at tdp.e-psychometrics.com. You are responsible for maintaining the security and confidentiality of these credentials. Any Report created through the TDP will be accessible for a minimum of 30 days, after which the Report may be automatically deleted in order to minimise the storage of sensitive information by our application. However, Reports can be manually re-generated using the functionality provided within the TDP. As an administrator it is your responsibility to add, modify and delete your own accounts. The TDP is held on a secure website to minimise breaches of security.

5. Disclaimer

The TDP and its Material are provided on an “as is” basis and JBSEEL makes no warranties of any kind in particular regarding the accuracy, reliability, security, timelines or performance of the TDP or the Material. JBSEEL uses all reasonable efforts to ensure that the contents of the TDP are accurate and up to date and that the TDP is hosted and maintained at a level appropriate to professional test administration. However, the Material may contain inaccuracies or typographical errors, and JBSEEL makes no representations about the accuracy, reliability, completeness, or timeliness of the Material, software, or links. You acknowledge that, at times, the TDP may become unavailable due to new feature development, scheduled maintenance or technical failure. JBSEEL will use its reasonable endeavours to provide advance notice of any planned periods of interruption using the email address you provided us with during the order process.

6. Liability

6.1 Except as set out in these Terms, all warranties, conditions and other terms implied by statute or common law are excluded, to the fullest extent permitted by law.

6.2 Nothing in these Terms shall limit or exclude JBSEEL’s liability for:

1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
2. fraud or fraudulent misrepresentation; or
3. any matter in respect of which it would be unlawful for JBSEEL to exclude or restrict liability.

6.3 Subject to condition 6.2:

1. JBSEEL shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit or any indirect or consequential loss arising from or in connection with the Agreement;
2. (b) In particular JBSEEL shall not 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 or 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 TDP, or your reliance upon or the reaction to any Material or Report, whether based on a breach of warranty, or contract, tort, misrepresentation, or otherwise JBSEEL shall also not be liable for any breach of confidence, privacy or data protection issue which arises as a result of the failure to maintain the TDP login credentials provided to you; and
3. JBSEEL’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Agreement shall be limited to the price paid for the tokens.

6.4 On termination of the Agreement, howsoever caused, the rights contained in this condition 6 shall remain in effect. Under no circumstances shall JBSEEL be held liable for any delay or failure to perform its obligations under the Agreement due to circumstances beyond its reasonable control including without limitation acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion or flood, 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.

7. General

The TDP is maintained by the University of Cambridge Psychometrics Centre, which is based in England and all matters relating to this Agreement are administed by JBS Executive Education Limited, a wholly owned subsidiary of the University of Cambridge, a company registered in England (05908393) whose principal place of business is at Cambridge Judge Business School, Trumpington Road, Cambridge CB2 1AG, UK.

These Terms and your use of the TDP and the Material are governed by and shall be construed in accordance with the laws of England and any matter or dispute arising concerning these Terms or any other matter related to the TDP or the Material, shall be submitted to the exclusive jurisdiction of the English courts. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

Without limiting any other rights or remedies to which it may be entitled, JBSEEL may give you notice in writing to terminate the Agreement immediately if you repeatedly breach any of the terms of the Agreement in a manner that reasonably justifies the opinion that your conduct is inconsistent with having the intention or ability to give effect to the terms of the Agreement.

You acknowledge and agree that you and JBSEEL are independent contractors under these Terms and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship.

8. Data Protection and Privacy Policy

JBSEEL acts in accordance with the UK Data Protection Act 1998 and personal data has the meaning given to it under that Act.

You consent to JBSEEL maintaining, recording, holding and using any personal data you supply to JBSEEL in connection with the fulfilment of the services provided and in accordance with JBSEEL’s privacy policy.

Any information you submit to JBSEEL in the course of using the TDP shall also be handled in accordance with the University of Cambridge policies on data protection and information security, as supplemented by internal University of Cambridge Psychometrics Centre procedures..

9. Notices

Any notice or other communication in connection with the Agreement shall be in writing, addressed to the registered office (if it is a company) or the principal place of business (in any other case) or such other address as may have been specified in writing in accordance with this condition, and shall be delivered by hand, sent by pre-paid first-class post or other next working day delivery service, commercial courier, or e-mail.