Participant refers to a person who completes any of the assessments contained within the online Perception Talent Analytics system (Perception System) .Client refers to a person, business, company or organisation that has entered into an agreement with The Perception Group International Pty Limited (Perception) to access the Perception System for an agreed fee (and includes any person who accesses the Perception System for or on behalf of the Client). Losses refers to any claims, liabilities, losses, damages, costs and expenses (including legal costs and expenses regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise.
The Terms and Conditions (Terms) under which Perception provides Participants and Clients access to the Perception System are set out below. If you do not accept these Terms do not use the Perception System. By proceeding to use the Perception System you acknowledge that you have agreed to these Terms. Perception may update these Terms from time to time without prior notice. The Terms displayed on the Perception System at the time of your use will govern that use.
The Participant and Client acknowledge and agree that reports produced from the Perception System are based on information provided by the Participant in response to the online assessment questionnaires and that Perception cannot and does not warrant the accuracy or truthfulness of the Participant’s responses. The Participant warrants and represents that the information provided by the Participant in response to the online assessment questionnaires are accurate, true and complete.
All copyright and other intellectual property rights in the Perception System (including all logos and trade marks appearing on the Perception System) are owned by Perception and/or its licensors. Participants and Clients must not (and must not attempt to):
- except as otherwise permitted by granting the Participant and Client access to the Perception System, use or copy any part of the Perception System without Perception's prior written consent;
- distribute, translate, modify or tamper with, any part of the Perception System;
- create derivative works of or from any part of the Perception System;
- sell, rent, lease, sub-license, assign, exchange or otherwise deal with or transfer the intellectual property rights in the Perception System or the Participant's or Client's rights under these Terms; or
- permit or assist any person to engage in any act described in paragraphs (a) to (d) above.
Each Participant and Client must provide their own internet access and equipment in order to use the Perception System. They are responsible for the operation and maintenance of their equipment and for ensuring the Perception System is accessible from their equipment. They are responsible for all internet access, data download and other network charges arising from their use of the Perception System and acknowledge and agree that Perception is not responsible or liable for those charges.
If Perception provides any login details or passwords to access the Perception System, these must be kept confidential and must not be disclosed to any person. If a Participant or Client breaches their obligations under this paragraph and another person uses their login details or password for the Perception System, the Participant or Client will be responsible and liable for the use that that person makes of the Perception System with its login details or password and must indemnify Perception against any Losses suffered or incurred by Perception arising in connection with such use.
Reports generated by or in conjunction with the Perception System (Reports) are intended to provide behavioural and aptitude information and are a guide to assist a Participant and Client find the right job fit, and to provide Participants and Clients with career development guidance. The Reports do not suggest or imply that a Participant cannot do a job successfully and the Reports should not be used as the sole basis of determining a Participant's suitability for employment.
Perception, its officers, directors, employees, contractors, licensors, distributors, partners or agents are not liable for any Losses of any nature arising out of or in connection with:
- the use or performance of the Perception System;
- the reporting or analysis of the Participant or any impact of any Reports, comments or analysis in respect of any decision of any person to employ, continue to employ or offer employment to, or not to employ, the Participant;
- the use, inability to use, interruption, suspension or termination of the Perception System, or reliance upon any material or report (including the Report);
- any delay or failure in performance resulting from any acts of nature or other forces outside the reasonable control of Perception, including without limitation incorrect information, internet failure or equipment failure; or
- any computer program virus or other code that is harmful, destructive or disabling, any loss or damage to any equipment or any loss or alteration of data.
Perception will use reasonable endeavours to make the Perception System available 24 hours a day. However, the availability of the Perception System depends on various third party suppliers of Perception, the Participant and the Client, and accordingly, Perception does not warrant or guarantee:
- that Participants and Clients will be able to use the Perception System at any time; or
- that Participant's or Client's use of the Perception System will be continuous, uninterrupted, secure or error-free. Perception also makes no warranties or representations about the accuracy, reliability, completeness or timeliness of the information, software or links on the Perception System. Changes are constantly made to the Perception System and may be made at any time. The Perception System may be unavailable or access may be interrupted from time to time due to maintenance, upgrade or technical issues.
Under the Australian Consumer Law (and other similar legislation of Australian states and territories), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer (Consumer Guarantees). Where a Participant or Client, as a Consumer, acquires goods or services under these Terms and:
- the goods or services are of a kind ordinarily acquired for personal, domestic or household use or consumption (PDH Goods or Services), the operation of the Consumer Guarantees cannot be, and are not in these Terms, excluded, restricted or modified; or
- the goods or services are not PDH Goods or Services, Perception limits its liability for a failure to comply with any Consumer Guarantee (other than where to do so would otherwise cause all or part of this clause to be void) to, at Perception's option:
- in the case of goods, repairing or replacing the goods or paying the cost of having the goods repaired or replaced; and
- in the case of services, re-supplying the services or paying the cost of having the services re-supplied, and Perception does not exclude or limit the operation of the Consumer Guarantees under any other provision of these Terms or in any other manner and the Participant or Client agrees it is fair and reasonable in all the circumstances for Perception's liability to be so limited.
To the extent permitted by law, Perception excludes from these Terms all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom, except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this clause to be void. Except for any liability under the Consumer Guarantees, Perception excludes all responsibility and liability arising from or in connection with the Participant's or Client's use of the Perception System, including, without limitation: any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive or exemplary Losses; and any other Losses.
Perception reserves the right to:
- suspend use of, or withdraw, the Perception System and/or any of its features or components; and
- add to, amend, remove, or disable access to, any part of the Perception System, in each case at any time and for any reason, without notice to the Participant or Client.
If requested by Perception, each Participant and Client must immediately:
- cease use of the Perception System; and/or
- destroy, expunge, disable or restrict access to any information from the Perception System that has been made available to them, including any Reports, and any information derived or generated from that information.
Perception does not waive a right, power or remedy in connection with these Terms if it fails to exercise or delays in exercising the right, power or remedy.
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 non-exclusive jurisdiction of the courts of New South Wales, Australia.
The Perception Group International Pty Limited ABN 14 609 302 089
77 Berry Street North Sydney NSW 2060 Australia