Viewpoint Psychology Terms of Business

These are the Terms of Business for Viewpoint Psychology Limited, a company registered in England and Wales (registered number 6059249) whose registered offices are at Gardeners Cottage, Gun Hill, Dedham, Essex, CO7 6HP, UK (Viewpoint). These Terms govern the use of the Viewpoint Assessment Platform and any associated services. When we refer to “Viewpoint”, “we”, “us” and “our” we mean Viewpoint Psychology Limited, unless otherwise stated. 

1. Definitions 

1.1 "Materials" means all our electronic products available via the Service and all data gathered by use of the Service;

1.2 "Purchaser" means the company or individual who has contracted for the Service (who may, or may not, also be a Registered User);

1.3 "Registered User" means an individual who is registered with Viewpoint as qualified to administer one or more of Viewpoint’s psychometric assessments to respondent test-takers, provided via the Service, to interpret reports compiled from respondent test-taker responses and to provide feedback to respondent test-takers (and whose account has not been suspended);

1.4 "Service" means the Viewpoint Assessment Platform service for the electronic delivery, administration and scoring of psychometric instruments and any ancillary services available via the Viewpoint Assessment Platform website or any successor to such website;

1.5 "Assessment Credits" means any pre-paid credits purchased by you from, or issued to you by, Viewpoint for assessment tools available on the Viewpoint Assessment Platform, delivered via the Service.

2. Use of the Service 

2.1 The Service is accessible only to Registered Users who have pre-registered for the Service and been allocated registration details by Viewpoint, including a log-in and password.

2.2 Purchasers and Registered Users are responsible for ensuring the security of their subscription and registration details, including log-in and passwords. Registration details, including log-in and password details, shall not be shared between multiple users. Any loss or theft of such details should be reported to Viewpoint as soon as possible in order that replacement log-in and passwords may be created.

2.3 Use of the Service is subject to these Terms. We reserve the right to refuse access to the Service if the Purchaser or the Registered User fails to comply with these Terms or any other Viewpoint Terms of Business as are applicable to the Purchaser or User.

2.4 Our psychometric assessments are designed for adults and are not intended for children (under 16 years of age). In order to use our assessments, Registered Users shall ensure that respondent test-takers are 16 years of age or over.

3. Registration

3.1 We seek to uphold the guidelines established by the British Psychological Society (or other appropriate bodies outside the UK) on sale and use of psychometric instruments. Therefore, purchases of our psychometric instruments must be made by an identified Registered User who is registered with us as a user of that psychometric instrument.

3.2 The Purchaser shall ensure that the registration details, including a log-in and password allocated to a Registered User, are only used by that Registered User and that the Registered User at all times complies with these Terms.

3.3 If a Registered User ceases to be an employee of, or associated with, the Purchaser, the Purchaser shall inform us as soon as reasonably possible, and we shall delete the name of the Registered User from our register of users of the Service. For the avoidance of doubt, if the Purchaser fails to inform us of any change to its list of permitted Registered Users, and a former employee or associate of the Purchaser continues to use the Service, the Purchaser shall remain liable for any such use of the Service.

4. Ordering

4.1 When a Registered User administers an assessment tool on the Viewpoint Assessment Platform website an order has been placed.

4.2 Orders accessed by test takers not be refunded.

4.3 Orders archived before a test taker accesses the assessment tool will automatically result in assessment units being refunded.

4.4 An order may be refused if Viewpoint has reasonable grounds to believe that it has not been placed by a bona fide Registered User. 4.5 We will use our reasonable endeavours to ensure that assessment reports from the Service are made available to the Registered User on the same day that the assessment tool is completed.

5. Payment

5.1 Subject to clause 5.2, and unless otherwise agreed in writing, we will process orders for assessment tools from the Service only by online payment using a valid debit or credit card at the time of making the order.

5.2 As an alternative to online payment, at the time of order, Assessment Units may be credited to a Client account and Viewpoint will invoice for assessment tools accessed (and completed) at the start of each month, for the previous month’s use.

5.3 We reserve the right to charge you interest and costs of recovery in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended).

5.4 Unless otherwise stated, the price payable for the Service will be the price as set out in the current Viewpoint pricelist; VAT will be added to the price where applicable.

6. Assessment Units

6.1 Assessment Units purchased online, at the time of order, expire after 12 months.

6.2 Assessment Units purchased online, at the time of order, are non-refundable.

7. Purchaser's obligations

7.1 The Purchaser understands and acknowledges that in order to use the Service certain technical requirements relating to hardware and software available to the Registered User and the test-taker will need to be met. Further details can be supplied on request.

7.2 The Purchaser may provide the Materials to individual test-takers in order for such test-takers to be assessed under the Purchaser's supervision; in no other circumstances may the Purchaser give, sell, or otherwise dispose of, the Materials or the Service, or any part of the Materials or Service, to third parties or act as agent or distributor of the Materials or the Service. Any on-selling or any unauthorised use, reproduction, or modification of the Materials and/or the Service is strictly prohibited.

7.3 The Purchaser may not make use of data collected as a result of the Purchaser's use of the Service to create products for commercial sale or other commercial exploitation.

7.4 If the Purchaser uses customisation facilities available on the Service to apply different branding, bespoke assessment tools or to alter or deviate from the standard supplied wording in relation to the content of emails sent via the Service, the Purchaser shall ensure that it possesses all necessary intellectual property rights or permissions and that any changes are lawful, appropriate, and related to the subject matter of the Viewpoint Assessment Platform. Viewpoint shall have no responsibility or liability in relation to any such customisation of the Service, including any infringement of third-party intellectual property rights, misuse, or unlawful or inappropriate content.

7.5 In the event that the Purchaser is not also the Registered User, the Purchaser shall ensure that any and all Registered Users comply with the obligations set out in clauses 7.2 to 7.4 as if such Registered User were the Purchaser.

7.6 The Purchaser shall indemnify Viewpoint in the event that Viewpoint suffer any losses, claims, liabilities, damages, expenses or costs as a result (whether direct or indirect) of any breach by the Purchaser or the Registered User(s) of clauses 7.2 to 7.4.

7.7 The Purchaser shall further indemnify Viewpoint in respect of any claims brought by a test-taker or client of the Purchaser against us in relation to the Purchaser's use of the Service or the Materials.

7.8 All Purchasers and Registered Users shall be required, in using Viewpoint’s Materials to verify any local requirements and/or restrictions on using psychometric tests in general and the Materials in particular, in that jurisdiction, whether imposed by law, regulation or by a local regulatory or governmental body. Where any local requirements and/or restrictions exist that alter the criteria for, or prevent, use of Materials within a particular jurisdiction, it shall be the responsibility of the Purchaser and Registered User to ensure that it fully complies with any and all such local requirements and/or restrictions. Where any individual or entity uses Materials in a particular jurisdiction in contravention of any local requirements and/or restrictions, whether knowingly or inadvertently, such individual or entity shall be solely responsible and liable for such use and shall hold harmless and indemnify Viewpoint in respect of any loss or claim by a third party against Viewpoint arising from such. Further, in the event that a Purchaser and/or Registered User has failed to ensure that any Materials may be legitimately used within a particular jurisdiction and subsequently purchases Materials for use in that jurisdiction, such Purchaser and/or Registered User shall be liable for the costs thereof and Viewpoint shall bear no responsibility or liability for return of such Materials or the reimbursement of any associated costs.

8. Intellectual property

8.1 The Materials and the Service are owned by, or licensed to, Viewpoint. Reproduction of the Materials or the Service, in whole or in part, in any form or media, by any process (including posting on the internet or any intranet, or unauthorised emailing), is prohibited except (i) where expressly permitted by law; or, (ii) where such reproduction is for the purposes of using the Service in accordance with these Terms.

8.2 For the avoidance of doubt:

• 8.2.1 reproduction of questionnaires available via the Service is not permitted; and

• 8.2.2 reports on test-takers generated using the Service may be copied a reasonable number of times for internal record-keeping and other similar purposes related directly to the test-taker concerned.

9. Data Protection and Privacy

9.1 Viewpoint is committed to protecting and respecting Client’s and other users’ privacy and to acting in compliance with the UK Data Protection Act 2018 (UK DPA), UK GDPR and EU GDPR (the General Data Protection Regulation (EU) 2016/ 679) and any applicable enacting, successor, supplementing or amending legislation. You should read our Privacy Policy as it will help you understand how we collect, use, store and otherwise process your personal data and other information.

9.2 Client agrees to be bound by the Viewpoint Data Processing Terms, unless otherwise agreed in writing between Viewpoint and the Client.

9.3 It is the Purchaser's duty to ensure that it has the consent of the respondent test-taker to permit Viewpoint to use any personal data provided in the manner set out in the Privacy Policy.

10. Liability

10.1 Our liability arising under or as a result of the provision or use of the Materials or the Service, whether in contract, tort, breach of statutory duty or otherwise, will not exceed the price paid by the Purchaser for the Service or Materials.

10.2 Nothing in these Terms will exclude or limit our liability for death or personal injury caused by our negligence, or for any fraud on our part, or for any liability that cannot be excluded by law.

10.3 Subject to clause 10.2, we will not be liable for any indirect or consequential loss, loss of business, profit, revenue, data, or goodwill, or for lost or wasted management time or the lost time of other employees arising from the Purchaser's use of the Materials (whether direct or indirect).

10.4 We do not warrant or represent that the Service will operate without interruption, and we have no liability for the inability of anyone to access the Service or the emails that form part of the Service. We reserve the right to carry out maintenance and development on the Service, which may cause interruption to it.

10.5 Except as expressly set out in these Terms we exclude to the fullest extent permitted by law all warranties, representations, terms, conditions, and undertakings, whether implied by statute, common law, custom, trade usage, course of dealing or otherwise.

11. General

11.1 These Terms are governed by English law and you agree you will only sue us in the courts of England. The place of performance of the contract will be England.

11.2 Viewpoint reserves the right to change these Terms at any time without prior notice to you.

11.3 In the event of any conflict between these Terms (as displayed on our website) and those in our catalogue or elsewhere, these Terms shall prevail.