Version: August 2019
1. The Skillworx Africa Platform
By creating an Skillworx Africa account, you will be able to purchase and administer assessments offered by Assessment & People Services (Skillworx Africa) (the “Company”), including (without limitation), the Townsend Personality Assessment (TPQ®), Townsend Emotional Intelligence Assessment (TEQ-i®), (“Assessments”), Leadership Style Report (LSR®), 360 Leadership Assessment (T360®), Townsend Ability Battery (TAB®), Food Safety Culture Assessment (FSCQ®), Employee Engagement Survey (EES®), Interpersonal Communication Indicator (ICI®), and any other assessment that is made available from time to time in the Skillworx Africa system and to generate reports (“Reports”) for those Assessments for your respondents (“Respondents”). Skillworx Africa® accounts are subscription-based (as detailed below), and each Skillworx Africa account may only be used by a single, named user (“User”).
2. Fees and Payment Terms
While access to Skillworx Africa is free, should you choose to administer one or more Assessments to generate Reports, you must pay the administration fees (“Administration Fees”) associated with those Reports, at the rates indicated I the Skillworx Africa system. Administration Fees vary based on the type of Report.
You are responsible for all applicable your home country state and local taxes, duties, fees, charges, surcharges, or other similar exactions, (whether such exactions are imposed directly upon you or upon the Company) (“Taxes”) imposed on your Skillworx Africa transactions. “Taxes” do not include any taxes that are imposed on or measured by the net income of the Company. If you are tax-exempt, you may provide duly-executed documentation evidencing your tax-exempt status to the Company for consideration. If the documentation is accepted, the Company shall exempt you from Taxes on a going-forward basis, provided that you keep all tax exemption documentation accurate and current.
3. Skillworx Africa Data & Privacy
The Company will store data associated with your Skillworx Africa account during your period of approved access and any applicable renewal periods. If your Access Period is terminated, the Company will store your Skillworx Africa account data for ninety (90) days after such termination to allow you the opportunity to reapply for access. If your Skillworx Africa account is not reinstated within that ninety (90) day period, the Company will anonymise your Skillworx Africa account and its associated data and you will permanently lose access to that Skillworx Africa account and its associated data. At all times, both during your Access Period and thereafter, the Company reserves the right to retain all Item Responses, Demographics, and other data generated via Skillworx Africa in non-personally identifiable format for the Company’s research and product development purposes. If your Respondents have opted in to be contacted for future research opportunities, then Demographics information may be kept in personally identifiable format even after your Skillworx Africa Access Period is terminated.
You may not administer Assessments to Respondents who are children. “Children” means those individuals who are (ii) in the Republic of South Africa and under the age of 18, the United States and under age 13; (iii) in the European Union and under age 16; or (iii) in other countries or territories and under the minimum age of threshold to be considered an adult.
4. Your Responsibilities
5. Restricted Instruments
Certain of the Company’s Assessments are considered “Restricted Instruments” and have additional requirements. You may only purchase and administer Restricted Instruments if you have been authorised and certified by the Company (or one of the Company’s partner certification organisations) as eligible to purchase and administer those Restricted Instruments. For each administration of a Restricted Instrument, you acknowledge and agree that you will provide real-time feedback and interpretation to each Respondent who completes a Restricted Instrument you have administered, which feedback may be delivered in person, over the phone, or through contemporaneous text or video chat. All Debrief Sessions must be more comprehensive than simply providing or passing along a Respondent’s Report and must allow the Respondent to ask questions and receive feedback in a non-automated format. You shall not, under any circumstances, use Skillworx Africa to simply provide third parties with administrations of Restricted Instruments without providing the necessary Debrief Sessions.
6. Support, Downtime & Availability
If you need assistance with creating or using your Skillworx Africa account, the Company will provide you with limited, basic support (as determined by the Company in its sole discretion). Please contact email@example.com or your Company representative for assistance.
The Company will use commercially reasonable efforts to make Skillworx Africa available at all times except for planned downtime, maintenance, and unavailability caused by circumstances beyond the Company’s reasonable control, including (without limitation): acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, equipment malfunctions, power failures or Internet service provider failures. Notwithstanding any of the foregoing, you have no expectation regarding the availability of Skillworx Africa. You agree that your Skillworx Africa purchases are not contingent upon any specific level of availability, or the delivery of any additional functionality or any additional support from the Company.
The Company reserves the right to take any Skillworx Africa products out of print at any time without notice to you. If you have pre-purchased any materials from the Company (for example, without limitation: a pre-purchased assessment administration) and those pre-purchased materials are taken out of print or otherwise made unavailable by the Company, then the Company will notify you of your options with respect to those pre-purchased products, which options may include (without limitation): converting pre-purchased administrations to a substitute or replacement assessment administration within a defined period; or converting the value of those pre-purchased assessments into credit for use on Skillworx Africa within a defined period. If the Company provides such options to you and you do not exercise them before the time specified by the Company, then you acknowledge that you will forfeit the value of any such pre-purchased materials. The Company may choose to make Skillworx Africa unavailable either temporarily or permanently by providing written notice to you on Skillworx Africa.
7. Intellectual Property
8. Term & Termination
If your access terminates or expires for any reason, then: (i) you shall lose all access to Skillworx Africa; (ii) you shall immediately stop making use of the Company’s intellectual property; and (iii) you will not receive any refunds for any pre-purchased assessment administrations that you have not used prior to such termination or expiration, nor for any unused portion of your Skillworx Africa subscription period.
IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN NO EVENT SHALL THE COMPANY’S LIABILITY, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN THE AGGREGATE THE TOTAL AMOUNT PAID BY YOU UNDER THIS AGREEMENT OR, WITH RESPECT TO ANY SINGLE INCIDENT, THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE INCIDENT.
SKILLWORX AFRICA (PTY) LTD PRODUCTS AND SERVICES ARE PROVIDED “AS-IS.” THE COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE PRODUCTS OR SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE
Last updated on April, 2019