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The Myers-Briggs Company Website Terms and Conditions

Welcome to www.themyersbriggs.com (Site). This Site is owned and operated by The Myers-Briggs Company Pty Ltd .

These terms and conditions, which incorporate The Myers-Briggs Company’s Privacy Policy and Trademark Guidelines (Terms), govern your access to the Site. By visiting and using the Site, you agree to be bound by and abide by these Terms.

In addition to these Terms, your access to and use of the online store services available through the Site are subject to our Terms and Conditions of Sale.

Intellectual Property Rights

1. The text, graphics, photographs, videos, sounds, logos, trademarks, service marks and other material contained on the Site (Site Content) is owned by The Myers-Briggs Company and protected by copyright, trademark, trade secret, patent, and other intellectual property laws, as well as other applicable laws. The Myers-Briggs Company reserves all rights arising from or related to the Site Content.
   
   
2. You may use the Site and the Site Content only in accordance with these Terms. Except in relation to those products governed by our Terms and Conditions of Sale (which are supplied pursuant to the licence terms set out or referred to in those Terms and Conditions of Sale), you may download, view, use, copy, or print any Site Content for personal, non-commercial use only, and only to the extent that such usage does not infringe The Myers-Briggs Company’s intellectual property rights. You must retain all copyright, trademark and other notices contained in the Site Content.
   
   
3. Except to the extent permitted by paragraph 2, you may not use, download, upload, copy, modify, print, display, perform, reproduce, republish, license, rent, lease, loan, sell, assign, post, transmit, distribute, reverse engineer, create derivative works or exploit any Site Content or any part of the Site. Furthermore, you must not:
   
   
1. 1. send unsolicited commercial emails to the email addresses provided on the Site;
      
      
   2. delete or modify any of the Site Content on the Site;
      
      
   3. use any device or software that interferes with the proper functioning of the Site or the servers or networks connected to the Site, or take any other action that interferes with other parties’ use of the Site;
      
      
   4. use any process to compile or systematically download Site Content or communicate or otherwise distribute such systematically obtained Site Content;
      
      
   5. use any of The Myers-Briggs Company’s logos, names, trademarks or service marks without The Myers-Briggs Company’s prior written consent, including, without limitation, the use of these materials as metatags or hidden text, except in accordance with The Myers-Briggs Company’s Trademark Guidelines;
      
      
   6. copy, distribute, display on your own website or otherwise reproduce any of the Sample Reports provided on the Site; or
      
      
   7. use The Myers-Briggs Company trademarks in the domain name or URL of any website you own or operate.
      
      

Privacy and Security

4. The Myers-Briggs Company will treat any personal information that it collects from you in accordance with The Myers-Briggs Company’s Privacy Policy, which is incorporated by reference into these Terms.
   
   
5. Excluding information covered by the Privacy Policy, all communications or materials that you send to the Site, electronically or otherwise (your Submissions) will be treated as non-confidential. By sending Submissions to the Site, you grant The Myers-Briggs Company a perpetual, royalty-free, sub-licensable, irrevocable license to:
   
   
1. 1. use, reproduce, modify, transmit, disclose to third parties, display, broadcast, post and create derivative works from, your Submissions; and
      
      
   2. use any ideas, concepts, methodologies, techniques and know-how contained in your Submissions for any purpose, including (without limitation) developing, manufacturing, and marketing products and services.
      
      
6. You agree never to assert against The Myers-Briggs Company, its successors or assigns, any rights that you may have in such Submissions.
   
   

Links

7. The Myers-Briggs Company reserves the right to request that you remove any link to the Site. If you link to the Site, the link may not be used in any way that:
   
   
1. 1. suggests that The Myers-Briggs Company endorses you or your website; or
      
      
   2. disparages The Myers-Briggs Company or its products or services.
      
      
8. The Site may provide links to third parties’ websites. These websites operate under separate terms of use, privacy policies and other rules. The existence of these links does not indicate The Myers-Briggs Company’s approval or endorsement (either express or implied) of any material contained on any linked website. Your use of any such third party website is at your own risk. The Myers-Briggs Company is not responsible for the content of any of the websites to which it links, or for any loss or damage that you may incur from dealing with any third party found through the Site.
   
   
9. Any reference to a Sample Report hosted on the Site must be done by linking to the appropriate URL on the Site. You may not embed the Sample Reports hosted on the Site on another webpage.
   
   

Cookies

10. 'Cookies' are small pieces of information sent by a web server to a web browser, which enable the server to collect information from the browser. The Site uses cookies for a number of purposes. For more information about how we use cookies, please see our Privacy Policy. Most browsers allow you to turn off the cookie function. If you would like to do this, please look at the help menu on your browser. However, you should be aware that turning off cookies may adversely affect the Site's functionality.
    
    

Warranties, Indemnities and Limitations on Liability

11. To the extent permitted by law and unless otherwise provided in these Terms or the Terms and Conditions of Sale, the Site, the Site Content and the products and services provided or referenced on the Site are provided 'as is' and without any warranties or representations of any kind. In particular, we provide no warranty that:
    
    
1. 1. any Site Content or product or service provided or referenced by this Site will be complete or accurate on a particular date, will not contain typographical errors, will fulfil any of your particular purposes or needs, or will not infringe any third party intellectual property or other rights;
      
      
   2. the operation of the Site will be error free or uninterrupted;
      
      
   3. defects will be corrected;
      
      
   4. the Site or any emails sent by The Myers-Briggs Company or on behalf of The Myers-Briggs Company will be free of viruses or other harmful code;
      
      
   5. the Site will be available to you at all times; or
      
      
   6. the products or services offered through the Site are available in all jurisdictions.
      
      
12. The Myers-Briggs Company does not imply that the products or services that it presents on the Site are available for use in jurisdictions in which it is licensed to do business, or that it is soliciting business in any such jurisdictions. The Myers-Briggs Company does not represent that these products or services will remain available to you or that you will qualify to acquire them. The Site may be accessed from outside Australia and New Zealand. We make no representation that the Site Content or the Site complies with the laws (including intellectual property laws) of any country outside Australia or New Zealand. If you access the Site from outside Australia or New Zealand, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.
    
    
13. To the extent permitted by law and unless otherwise provided in these Terms:
    
    
1. 1. The Myers-Briggs Company assumes no liability or responsibility for any errors or omissions in the Site Content or any part of the Site, or any damages from any viruses or other harmful code that may affect your computer equipment or other property, or any other damages on account of your access to, use of, or downloading from, the Site; and
      
      
   2. The Myers-Briggs Company, its affiliates and subcontractors involved in creating, producing and delivering this Site will not be liable for any loss of revenue, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data, loss of anticipated savings or benefits, or any direct, indirect, consequential, special or punitive loss, damage, cost or expense or other claims for compensation, incurred by you or any third party, arising out of, or connected with your access to, use of or inability to use, or delay in use of, the Site, any defect, omission, error, interruption, or virus or other harmful code, or any material, products or services obtained through the Site, whether based in contract, tort, negligence, strict liability theories, or otherwise, even if The Myers-Briggs Company, its affiliates or subcontractors have been advised of the possibility of such loss, damage, cost or expense.
      
      
14. You indemnify The Myers-Briggs Company against any liability, loss, harm, damage, cost or expense The Myers-Briggs Company may suffer or incur (including as a consequence of any claim made by a third party, and including legal costs and expenses on a full indemnity basis) arising from or in connection with your breach of these Terms or your use of the Site or Site Content (except to the extent such claim is caused or contributed to by The Myers-Briggs Company).
    
    

Amendments

15. The Myers-Briggs Company reserves the right to revise and amend these Terms in its discretion, as follows:
    
    
1. 1. if The Myers-Briggs Company considers that the change is likely to benefit you or have a neutral or minor detrimental impact on you, it may make any changes immediately without notifying you except by publishing the amended Terms on the Site;
      
      
   2. if The Myers-Briggs Company considers that the change is likely to have a significant detrimental impact on you, it will make the change after it has given you reasonable notice of the change (solely by using the email address you have provided) and will display a notice on the Site describing the change.
      
      
16. Your continued use of the Site after an amendment will mean that you agree to that amendment. You must stop using the Site if you do not agree to an amendment.
    
    

General

17. Use of the Site is not permitted in any jurisdiction that does not give effect to all the provisions of these Terms, including, without limitation, this paragraph.
    
    
18. The Terms will be governed by and construed under the laws of the State of Victoria, Australia.
    
    
19. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria, Australia and waive any jurisdictional venue or inconvenient forum objections to such courts.
    
    
20. Any failure on The Myers-Briggs Company’s part to enforce any of its rights under the Terms or applicable laws will not constitute a waiver of such right.
    
    
21. The Myers-Briggs Company may assign its rights and obligations under these Terms to a third party without this assignment being deemed a change to these Terms, without notice to you and without any requirement for you to consent to the assignment to that third party.
    
    
22. No joint venture, partnership, employment, or agency relationship exists between you and The Myers-Briggs Company as a result of your use of the Site.
    
    
23. The Myers-Briggs Company's performance under these Terms is subject to existing laws and legal process. The Myers-Briggs Company will comply with law enforcement requests or requirements relating to your use of the Site or information provided to, or gathered by, The Myers-Briggs Company with respect to such use.
    
    
24. If a court or arbitrator of competent jurisdiction finds any part of these Terms to be invalid, illegal, or unenforceable, it will be requested to give effect to the intent reflected in that provision in a manner that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
    
    
25. These Terms (including the Privacy Policy and Trademark Guidelines) and the Terms and Conditions of Sale constitute the entire agreement between you and The Myers-Briggs Company with respect to the Site. They supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and The Myers-Briggs Company with respect to the Site. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
    
    

Australian Users

26. Consumer guarantees. To the extent that you acquire goods or services from The Myers-Briggs Company as a 'consumer' (as that term is defined in section 3 of the Competition and Consumer Act 2010 (Cth)), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these Terms (including paragraphs 11 and 13) operate to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred by the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other statute where to do so would contravene that statute or cause any term of this agreement to be void (Non-excludable Obligations). Except in relation to Non-excludable Obligations, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied or conferred by statute, custom or the general law that impose any liability or obligation on The Myers-Briggs Company are expressly excluded under these Terms.
    
    
27. Moral rights. To the extent that you have any moral rights (as that term is defined in the Copyright Act 1968 (Cth)) in any Submissions you provide to us, you consent to us making all uses, edits and modifications of the User Content in our sole discretion.
    
    

New Zealand Users

28. For the purposes of section 107 of the Copyright Act 1994 (NZ), you consent to the use by The Myers-Briggs Company of any Submissions despite any moral rights you may have in those Submissions, and if required, you will sign a waiver of such moral rights in favour of The Myers-Briggs Company.
    
    
29. For the purposes of paragraph 17 of these Terms, the use of this Site is permitted by persons of full age, and any inability to enforce these terms and conditions against a minor resulting from Part 2, Subpart 6 of the Contract and Commercial Law Act 2017 (NZ) will not affect the ability of persons of full age to use this website.
    
    
30. To the extent that you acquire goods or services from The Myers-Briggs Company as a 'consumer' (as that term is defined in section 2 of the Consumer Guarantees Act 1993 (NZ) and the Fair Trading Act 1986 (NZ)), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these Terms (including paragraphs 11 and 13) operate to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred by the Consumer Guarantees Act 1993 (NZ), the Fair Trading Act 1986 (NZ) or any other statute where to do so would contravene that statute or cause any term of this agreement to be void (Non-excludable Obligations). Except in relation to Non-excludable Obligations, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied or conferred by statute, custom or the general law that impose any liability or obligation on The Myers-Briggs Company are expressly excluded under these Terms. Where the goods or services are supplied and acquired in trade, in accordance with section 43 of the Consumer Guarantees Act 1993 (NZ) and section 5D of the Fair Trading Act 1986 (NZ), you acknowledge that both parties are in trade and agree to contract out of the Consumer Guarantees Act 1993 (NZ) and sections 9, 12A and 13 of the Fair Trading Act 1986 (NZ).
    
    

Contact us

If you have any questions regarding these Terms or the Site, please contact The Myers-Briggs Company or write to us at:

• • By email:

    
    
    

  • enquiries.ap@themyersbriggs.com

    
    
    

• • By phone:

    
    
    

  • (03) 9342 1300 (Australian customers)
    0800 000 159 (New Zealand customers)
    1800 1 611 0298 (Philippines customers)

    
    
    

• • By mail:

    
    
    

  • Managing Director
    The Myers-Briggs Company Pty Ltd
    Level 7, 369 Royal Parade (PO Box 810)
    Parkville, Victoria, 3052 Australia

    
    
    

Last updated: 14 August 2018

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