Website Terms of Use
Please read these Terms of Use carefully because they contain important information about your legal rights and obligations. By accessing or using the TALY website you agree to comply with and be bound by these Terms of Use. These terms were last updated in November 2023.
Agreement
These Terms of Use (“Terms”) form a legally binding agreement (“Agreement”) between you and The People Idea Pty Ltd (ACN 602 736 836) t/a TALY (“TALY”, “we”, “us”, “our”) which governs your access to and use of the TALY website, including the use of our online testing programs. Our Privacy Statement sets out how your information is used, and is incorporated by reference into this Agreement.
1. Scope of Services
TALY provides psychometric testing and personality testing through our software programs, which are embedded in the website. We may be engaged by corporate entities, or employers to provide our services so that they may gain insight into potential employees and current employees. Individuals can also use our services to obtain personality tests for personal use. TALY is also involved in conducting research as set out in our Privacy Statement. By answering a series of questions, our algorithms assess the responses to produce a report on various aspects of the Users personality, strengths, and skills. Users should answer questions honestly to produce accurate results.
Due to the nature of the Internet, TALY cannot guarantee the continuous and uninterrupted availability and access to the portal. TALY may restrict the availability or features of the website if this is necessary for the security or integrity of our servers or to carry out maintenance from time to time.
2. Using the Portal
You must be 18 years or older to be able to access or use TALY’s services. By proceeding to undertake a test through the website, you represent and warrant that you are 18 years or older and have the legal capacity to enter into a contract.
User verification on the Internet is difficult and we do not assume any responsibility for confirming a User’s identity.
3. Changes to these terms
TALY reserves the right to make changes to these Terms at any time. If we make changes to the Terms, we will change the “last updated” date at the top of this page to reflect the date of the change. Your continued access after the Terms have been updated will constitute acceptance of the revised Terms.
4. Copyright Notice
TALY is the owner of the copyright in the content in the website and TALY’S custom-built personality profiling software (“the Software”). The material on this website is protected by copyright under the Copyright Act (Cth) 1968. To the extent permitted by law, you may not reproduce, or communicate any of the content on this website, including in the Software without the permission of TALY and fair payment may be requested. TALY may receive compensation for the use of any of the content on this website by educational institutions and governments.
5. Intellectual Property Rights
TALY retains all ownership rights over all intellectual property (registered or unregistered) available on this website. The website and the Sofware is provided to you through this licence. TALY retains all ownership and proprietary rights in the website and the Software and hereby grants you the non-exclusive, non-transferable, limited right to use the website and the Software. This license commences upon your acceptance of these terms and conditions and continues until termination by TALY or you. TALY has the discretion to terminate your license immediately and without notice if you breach this license and reserve our rights to take action against you. All rights not specifically granted under this Agreement are reserved by TALY and, as applicable, its licensors.
This limited license excludes the right to frame or utilize framing techniques to enclose the website or any portion of it or the Software, republish, redistribute, transmit, sell, or license the website or any content (except as necessary to use the Software); make any use of the website or any and/or all Content other than for personal use; modify, reverse engineer or create any derivative works based upon the website or any and/or all Content; collect account information for the benefit of yourself or another party; use any meta tags or any other hidden text utilizing any and/or all website content; use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure or server; download any image or content and pass it off as your own, or provide it to a third party or republish or distribute it.
6. Prohibited conduct
Users agree to use the Website and the Software in accordance with this Agreement, in good faith and in a way so as to not bring disrepute or cause reputational or other damage to TALY. By using TALY’s Services, Clients and users warrant and represent that you will comply with all laws and legal obligations. Users agree that you will not use the website in a way that is fraudulent, unlawful, invasive of another’s privacy; infringes the intellectual or other proprietary interests of third parties; contains viruses or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the website or any other computer software, hardware or other electronic equipment; or encourages or incites any other person to engage in any of the above behaviour.
Users also agree that you will not use technology or other means that is not authorised by TALY to access the website or the Software; use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access the website or the Software to gain or attempt to gain unauthorised access to the website or the Software including the networks or user accounts; or attempt to or engage in conduct that damages, disables, overburdens, or impairs the website, servers or networks.
7. Breaches of these Terms
TALY reserves the right to take any of the following action if we reasonably suspect that a breach of this agreement has occurred:
(a) issue a formal warning;
(b) suspend or prohibit access to the website;
(d) block access to the website;
(f) take legal action against you,
(g) suspend or delete your account, and
(h) report a matter to law enforcement.
If we suspend or prohibit or block your access to our website, action taken by you to circumvent suspension or prohibition or blocking will be considered as a further breach of this agreement.
8. Disclaimers
If you participate in undertaking a test through TALY’s website you do so voluntarily and at your own risk. TALY does not warrant any test results. Reports are produced based upon the User’s answers to the questions. The website is provided “as is” without any warranty of any kind, to the extent permitted by law. Where you undertake a test at the request of a third party, you agree that TALY is not responsible for how the third party uses the test results produced by TALY. TALY does not warrant that the functional aspects of the website will be uninterrupted or error free or that the website, its content or the server are free of viruses or other harmful components. TALY does not guarantee against third party interference nor that the website will be compatible with third party software or hardware.
TALY makes no representations or warranties as to the accuracy, currency, completeness or timeliness of our reports. Where any opinion is expressed in a TALY report it is based on the assumptions and limitations mentioned in the report and is an expression of the opinion of TALY only. TALY will not be liable for any inaccuracies or omissions or any direct, special, indirect or consequential damages or losses, or any other damages or losses of any kind resulting from whatever cause through the use of any information obtained either directly or indirectly from the TALY report and any decisions based on the TALY report.
9. Indemnification
You agree to release, defend (at TALY’s option), indemnify and hold TALY and its affiliates, their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses arising out of or in any way connected with your breach of these Terms, your improper use of the Website and Software or your breach of any laws.
10. Applicable Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Victoria Australia and you agree that any claim arising out of this Agreement will be heard in Victoria.
11. General
If any provision of this Agreement is invalid or unenforceable in any jurisdiction the provision will be effective to the extent of such prohibition or unenforceability without invalidating the remaining provisions or affecting the validity or enforceability of the provision in any jurisdiction.