Terms of Business for Factor 8 Different Leaders Assessment Tool

 1. Definitions

"Materials" means all our paper & electronic products available via the Service;

DP” means Diversity Practice Limited;

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

"Licensed User" means an individual who is registered with DP as qualified to administer the 360 version of the Factor8™ Different Leaders Assessment Tool.

Factor8™ Leader” means the individual undertaking the assessment

Observers” means the individuals invited to provide feedback on the Factor8™ Leader

"Service" means the Factor8™ Different Leaders Assessment Tool assessment services for the electronic delivery, administration and scoring of the Factor8 Different Leaders Assessment Tool and any ancillary services available via the Factor8 assessment website.

2. Use of the Service

2.1 The Service is accessible to individuals wishing to complete the self assessment version as well as Licensed Users who have pre-registered for the service and been allocated a password by DP giving them access to the 360 version.

2.2 Use of the Service is subject to these Terms and the Guidelines for Ethical Use of the Factor8™ Different Leaders Assessment Tool assessment services. We reserve the right to refuse access to the Service if the Purchaser or the Licensed User fails to comply with these Terms or the Guidelines.

3. Registration

3.1 Administration of our 360 assessment tool must be made by an identified Licensed User who is registered with us as a qualified user. In order to register as a qualified user, a user must have successfully completed appropriate training delivered by DP, details of which can be obtained by contacting admin@diversitypractice.com and on the Factor8 Different Leaders Assessment Tool website www.factor8assessment.com

3.2 The Purchaser shall ensure that the password allocated to a Licensed User is only used by that Licensed User and that the Licensed User at all times complies with these Terms.

3.3 If a Licensed User ceases to be an employee of the Purchaser, the Purchaser shall inform us within 30 days. The Licensed User must apply for a new license if they wish to use the Factor 8 Different Leaders Assessment Tool with a new Purchaser.

4. Ordering

4.1 When a Licensed User or Purchaser requests to buy one or more uses of the assessment tool in the 'Buy Now' screen of the F8assessment website, and then confirms the request in the 'Checkout' screen, an order has been placed.

4.2 Orders cancelled after confirmation will not be refunded.

4.3 An order for the 360 version may be refused if DP has reasonable grounds to believe that it has not been placed by a bona fide Licensed User.

4.4 Immediate access is granted to the Purchaser of the self assessment version once the order is confirmed.

4.5 We will use our reasonable endeavours to ensure that access to the tool is emailed to the Licensed User within 48 hours of the tool being purchased.

5. Payment

5.1 Invoices will be issued by DP to a Purchaser who is an authorised account holder; all invoices will be paid by the Purchaser within 30 days of date of invoice.

5.2 If the Purchaser is not an authorised account holder, we regret we can only process orders by pre-payment either by use online of a valid debit or credit card at the time of making an order, or by cheque or bank transfer in advance of ordering.

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 the F8 assessment tool payment screen on the website; VAT will be added to the price where applicable.

6. Purchaser's obligations

6.1 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 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.

6.2 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.

6.3 The Purchaser shall comply with the Guidelines for Ethical Use of the Factor 8 Different Leaders Assessment Tool.

6.4 The Purchaser understands and acknowledges that in order to use the Service the following technical requirements will need to be met:

a) To administer the Factor8 Different Leaders Assessment Tool you will need:

A computer that can receive and send emails and access the Internet
Adobe Acrobat reader (the reports for your assessment-takers will be sent to you in PDF format)
If required, a printer to print out reports

If you elect to receive your questionnaires and reports in a compressed format, Zip compression software such as Winzip will be needed to decompress those files.

b) To answer the Factor8 Different Leaders Assessment tool the Factor8 Leader and Observers (360version) will need:

A computer that can receive and send emails and access to the Internet.

Microsoft Word 97 or a later version of Word (please note that the questionnaire may not be accurate if you attempt to it in earlier versions of Word or other programs).

6.5 In the event that the Purchaser is not also the Licensed User, the Purchaser shall ensure that the Licensed User complies with the obligations set out in clauses 6.1 to 6.5 as if the Licensed User were the Purchaser.

6.6 The Purchaser indemnifies DP in the event that DP or DP’s licensors suffer any losses, claims, liabilities, damages, expenses or costs as a result (whether direct or indirect) of any breach by the Purchaser or the Licensed User of clauses 6.1 to 6.5.

6.7 The Purchaser further indemnifies DP in respect of any claims brought by an assessment-taker or client of the Purchaser against us or our licensors in relation to the Purchaser's use of the Service or the Materials.

7. Intellectual property

The Materials and the Service are owned by DP. 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. Privacy Policy

All the data, personal and otherwise, that we collect as a result of your use of the Service is handled in accordance with our Privacy Policy. It is the Purchaser's duty to ensure that it has the consent of the Different Leader to permit DP to use the data in the manner set out in the Privacy Policy.

9. Liability

9.1 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.

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

9.3 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).

9.4 We have no liability for the inability of anyone to access the Service, or the emails that form part of the Service, and we do not warrant that the Service will operate without interruption.

9.5 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.

10. General

These Terms are governed by English law and are subject to the exclusive jurisdiction of the English courts.