INTERACT-GLOBAL WEBSITE TERMS & CONDITIONS OF USE
These Terms and Conditions of Use (these Terms) govern your access to and use of InterACT-Global's website, client portal, and psychometric assessment products and services (Platform or Website). By accessing or using the Platform, you agree to these Terms and Conditions and our Privacy Policy (available at https://interact-global.co/privacy-policy/). If you do not agree, you must stop using the Platform immediately.
1. InterACT-Global Products and Services
(a) InterACT-Global (InterACT) is an international human resources business providing psychometric assessments, testing, and training courses.
(b) InterACT's website Platform and client portal (Website) provide access for client's to InterACT's Products and Services, including, but not limited to:
(i) Personal Value Profiles;
(ii) Corporate Value Profiles;
(iii) InterACT Online System;
(iv) InterDISC;
(v) Behaviour Job Profiling;
(vi) Emotional Job Profiling;
(vii) Cognitive Job Profiling;
(viii) InterACT-Matrix; and
(ix) Software, manuals, workbooks and other documentation associated with InterACT.
(c) The Products and Services also include TEIQue, supplied by the London Psychometric Laboratory, and PsyMetrics, provided by PsyMetrics Inc, which are:
(i) Management aids or tools designed to assist, inter alia, in selecting employees both internally and externally.
(ii) Management aids or tools designed to provide structure and objectivity to an interview which is work related.
(iii) Management aids or tools which form part of an integrative interview process or procedure.
(d) InterACT may update these Terms at its discretion. Updates will be notified via email or through the Platform, and changes take effect immediately upon publication. We recommend keeping a copy of these Terms for your records.
2. Licensing
(a) InterACT is the authorised supplier of the Platform, Products and Services, holding all rights to print, copy, or distribute them.
(b) You acknowledge and agree that the Products and Services offered and any other Website features may change from time to time and may be governed by separate terms that apply. Where special Product-specific or Service-specific terms apply, you will be informed and must accept those terms before you are given such access to use such Products or Services. For the avoidance of doubt, these Terms apply unless otherwise agreed or amended by any such specific terms.
(c) Some software used by InterACT as part of its Products and Services may be governed by a separate Software Licensing Agreement with, which may amend the terms of use. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by the terms of an applicable Software Licensing Agreement.
3. Acceptable use of the Platform, Service and Products
(a) InterACT's Services and Products may only be used by:
(i) Accredited Users trained by InterACT as InterACT Analysts who InterACT has authorised to use them (User), or
(ii) Non-accredited administrators for tasks like sending assessment links, provided they comply with these Terms.
(b) If an Accredited User leaves your organisation:
(i) You must notify InterACT within 7 (seven) days and secure all usernames, passwords and materials;
(ii) You have 60 (sixty) days to accredit a new User before access is restricted; and
(iii) You must ensure that former employees return all InterACT data files, usernames and passwords, manuals, workbooks and documentation (whether electronic or hardcopy).
(c) You must not:
(i) Alter, sell, or share the Products and Services without InterACT's prior written consent;
(ii) Use the Products and Services for clinical purposes unless you are a qualified, licensed professional in your jurisdiction;
(iii) Market the Products and/or Services under another name;
(iv) Use the Platform unlawfully, for any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws;
(v) Use the Products and Services in a way that is contrary to any local legislation or regulations;
(vi) Use the Products and Services, or principles on which they are based, in conjunction with any other systems, whether those other systems are computerised/automated including client internal data bases or document management systems (unless prior written consent has been obtained);
(vii) Disrupt the access, availability, and security of InterACT and its Products or Services, including but not limited to:
1 Tampering with, reverse-engineering, or hacking InterACT's servers;
2 Modifying, disabling, or compromising the performance;
3 Overwhelming, or attempting to overwhelm InterACT's infrastructure by imposing an unreasonably large load on InterACT's systems that consume extraordinary resources;
4 Compromising the integrity of InterACT's system, including probing, scanning and testing the vulnerability of InterACT's system unless expressly permitted by InterACT.
(viii) Stalk, harass or threaten Users and/or any member of the public;
(ix) Misrepresent or defraud any User or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with InterACT or any third party;
(x) Access or search any part of the Service, or any other Service owned by InterACT other than InterACT's publicly supported interface, portals, Products or Services that you have been provided access to or otherwise allowed for in an applicable Software Licensing Agreement; and
(xi) Post, upload, share, or otherwise circulate content in violation of InterACT's content policy.
(d) InterACT reserves the right to suspend, cancel, or otherwise deny access to Users and accounts who breach any of the provisions contained in provision 4(c) above.
4. No Clinical Application
(a) InterACT's assessments have no clinical foundation or properties, and must only be used for performance evaluation, training needs confirmation, and for recruitment, in conjunction with InterACT's Job Benchmarks.
(b) The Products and Services must not be used to:
(i) examine any person mentally, psychologically or clinically;
(ii) perform any act of diagnosing, treating or preventing any mental defect, illness or deficiency in respect of any person;
(iii) advise any person on their mental state;
(iv) perform any act specially pertaining to the profession of a psychologist, psychiatrist or any other mental health professional unless such Accredited User holds the relevant medical qualifications and licences in the locality for which the Products and Services are to be used by such persons.
(c) Feedback on the assessments forming part of the Products and Services must only be provided by personnel accredited by InterACT in the specific Product or Services.
(d) The Reports provided are an interpretation of the person's answers to the assessments questionnaire responses and results derived from them. When reporting on the results, unless a person is a qualified mental health professional, they must:
(i) ensure that commentary does not constitute a psychological interpretation or assessment;
(ii) only explain the report content in terms and to the extent of their InterACT accreditation; and
(iii) restrict feedback to explanations of InterACT terminology and must link such explanations directly to information provided in the InterACT training manuals, report text and the InterACT accreditation programme.
5. Misuse of Products and Services
(a) If you use the Platform or the Products and Services contrary to:
(i) These Terms;
(ii) InterACT's accreditation training or manuals; or
(iii) InterACT's workbooks,
InterACT will not be responsible or liable for any resulting loss or damage, and you agree to indemnify InterACT against losses or damages, including legal fees, caused by such misuse.
(b) InterACT shall bear no responsibility or liability whatsoever if an organisation employs any person or places such in a particular position, based partly or wholly on the results of the Products and Services supplied by InterACT.
(c) Any person using the Systems is not to be construed as:
(i) an agent of InterACT;
(ii) an employee of InterACT;
(iii) in Partnership with InterACT; or
(iv) In any other way entitled to represent, pass on or commit InterACT to any responsibility or liability whatsoever.
(d) All Users of the Products and Services accept full responsibility for the use of this Platform and the Products and Services including other online platforms to which it may be linked.
(e) Except as provided herein, the User agrees not to provide, to any other person, the username and/or access password. You may provide an individual link to the assessment to the respondents for the purpose of completing the administration process. Should you rely on an administrator to support you in sending and receiving links, you take full responsibility for the actions and compliance of such a person.
(f) The User agrees to use and access the website/system/portal in a manner that will not disrupt, corrupt, or otherwise damage the website, or place it at risk. Accordingly, the website shall not be used in a manner that is prohibited by national or international law. Use of this website is subject to compliance with all applicable laws and regulations in (Australia, United Kingdom, South Africa), your own location and internationally.
(g) InterACT is not liable for any damage to any personal computer, notebook, computer system, computer network, hardware or software, due to the use of the Products and Services, for any reason or for any "virus" which may manifest itself.
6. Security and Data Privacy
(a) InterACT takes your privacy seriously. Data provided through the Platform is subject to our Privacy Policy (https://interact-global.co/privacy-policy/), which complies with:
(i) General Data Protection Regulation (GDPR) (EU);
(ii) California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA);
(iii) Protection of Personal Information Act (POPIA) (South Africa);
(iv) Lei Geral de Proteção de Dados (LGPD) (Brazil);
(v) Australian Privacy Principles (APP); and
(vi) Other applicable data protection laws.
(b) Data is stored on secure Microsoft Azure virtual servers in the UK, USA, Australia and internationally, with safeguards for cross-border transfers.
7. Data Use
(a) InterACT collects, stores, and processes your data on servers located in the UK, USA, and Australia, unless specified by you;
(b) The data is used to provide you with services and facilitate InterACT's business operations. Our Privacy Policy outlines how your data is collected, stored, and processed by InterACT and also addresses InterACT's processes, policies, and obligations in respect of data encryption and removal requests.
8. Continued Access and future payments
(a) Access to the Platform, Services and Products requires payment for assessment bundles, measured in InterACT units charged relative to your Product choices allocated to your account. Upon payment, you are considered a User.
(b) As part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details).
(c) You warrant that any information you give to InterACT will always be accurate, correct and up to date.
(d) As a User you will continue to be granted access to the Products and Services from the time you have completed the registration process until 12 (twelve) months after the quantity of your purchased Products and Services has been fully used.
(e) If your account expires, access ceases until a new order is placed, paid and approved.
9. Refund Policy
(a) InterACT offers refunds in accordance with the Australian Consumer Law and in accordance with these Terms. Any benefits set out in these Terms and Conditions may apply in addition to the consumer's rights under the Australian Consumer Law.
(b) InterACT will only provide you with a refund of the Subscription Fee in case it cannot continue to deliver the Products or Services or if InterACT decides, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be proportional to the Subscription Fee that remains unused by the Member (Refund).
(c) Upon voluntary termination, no refunds are provided for the Subscription Fee that remains unused, unless required by law.
10. Copyright and Intellectual Property
(a) The Website, the Services and all of the related Products of InterACT are protected by copyright under Australian law and international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Products and Services are owned or controlled for these purposes and are reserved by InterACT or its contributors.
(b) As a User, you are granted a worldwide, non-exclusive, royalty-free, revocable license to:
(i) use the Website per these Terms;
(ii) copy and store the Website and the material contained in the Website in your device's cache memory; and
(iii) print pages from the Website for your own personal and non-commercial use.
(c) InterACT does not grant you any other rights whatsoever in relation to the Website or the Products and Services. All other rights are expressly reserved by InterACT.
(d) InterACT retains all rights, title and interest in and to the Website and all related Services. Nothing you do on, or in relation to, the Website will transfer any:
(i) business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright; or
(ii) right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(iii) thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
(e) You may not, without the prior written permission of InterACT and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Products and Services or third-party Products and Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
11. General Disclaimer
(a) Nothing in these Terms excludes guarantees, warranties, or conditions under Australian Consumer Law or other laws that cannot be excluded.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and InterACT will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Products or Services or the late supply of the Products or Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Products and Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of InterACT make any express or implied representation or warranty about the Products or Services referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Products and Services (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website or the Products and Services of InterACT; and
(iv) the Services or operation in respect to links which are provided for your convenience.
12. Limitation of Liability
(a) InterACT's total liability arising out of or in connection with the Products or Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Products or Services to you.
(b) You expressly understand and agree that InterACT, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages which you may incur, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
13. Termination of Contract
These Terms will continue to apply until you or InterACT terminates them as set out below.
(a) You may terminate these Terms by:
(i) notifying InterACT in writing that you wish to close your account; or
(ii) Allowing your Subscription Period (12 months after exhausting units) to expire without placing a new order.
(b) You acknowledge that if you elect to terminate your account before utilising all of your pre-paid products, you have no entitlement to any refund.
(c) InterACT may terminate or suspend access with 30 (thirty) days' notice if:
(i) you do not provide a further order after your Subscription Period has expired;
(ii) you have breached these Terms;
(iii) InterACT is required to do so by law; or
(iv) InterACT's provision of the Products or Services to you is, in InterACT's opinion, no longer commercially viable.
(d) Immediate termination without notice may occur for egregious breaches (such as hacking, fraud etc).
(e) Upon termination, access ceases, and data will be deleted per the Privacy Policy, subject to applicable laws.
14. Indemnity
(a) You agree to indemnify InterACT, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of your wilful misconduct or gross negligence;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(iii) your breach of these Terms.
(b) InterACT will indemnify you against losses from its wilful misconduct or gross negligence, subject to a mutual liability cap equal to fees paid in the prior 12 months.
15. Dispute Resolution
(a) Disputes are governed by Australian law, with resolution in Australian courts, unless otherwise agreed.
(b) For international clients, InterACT offers arbitration or mediation as an alternative, per mutual agreement.
16. General Provisions
(a) Severance: If any provision is void or unenforceable, it will be severed, and the remaining Terms will remain in force.
(b) Assignment: InterACT may assign its rights. You may not assign without InterACT's consent.
(c) Compliance with Laws: You must comply with applicable laws in your jurisdiction, including data protection and export control laws.
(d) Entire Agreement: These Terms, the Privacy Policy, and any specific agreements constitute the entire agreement.
(e) Governing Law: The laws of Australia govern these Terms. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to these Terms and the rights created hereby shall be governed, interpreted and construed by, under and according to the laws of Australia without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. These Terms shall be binding to the benefit of the parties and their successors and assigns.
17. Execution
(a) By clicking "I Agree" at login or using the Platform, you confirm your acceptance of these Terms.