Terms of Service

Online Psychological Assessments (OPA) Terms of Service

 

OVERVIEW

 

This website, opacentre.com (the “Site”), is operated by Online Psychological Assessments (“OPA”, “OPA Centre”). Throughout the Site, including in this policy, the terms “we”, “us” and “our” refer to Online Psychological Assessments. Online Psychological Assessments offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our Site and/or purchasing something from us, you engage in our Service (“Service”, “Services”) and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, clients, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the current Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our services and products to you.

 

SECTION 1 – GENERAL INFORMATION

OPA offers online psychological assessments that are made available via third parties who provide online testing platforms for selected psychometric assessment tools, giving clinicians and practitioners the capability to remotely test Customers/clients and, additionally, allows qualified users to provide reports based on client responses.

 

OPA does not provide clinical advice, nor should the content or results of any score and/or of any assessment and/or interpretive report obtained from OPA be considered clinical advice. Our Service is not intended to be a substitute for professional psychological, psychiatric, or medical advice, diagnosis, or treatment, nor are assessment scores diagnostic. Assessments offered by OPA are intended to supplement, not substitute for, the assessment, diagnosis, treatment, and advice of a health care professional.

 

While we hope our Service is beneficial to you, you understand, acknowledge, accept and agree that our Service may not be the appropriate solution for your needs and that our Service may not be appropriate for every particular situation and is not a substitute for a face-to-face examination, interview, assessment, observation, treatment and/or care. You understand, acknowledge, accept and agree that the information on this Site and that the information provided through the use of our Service should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this Site or provided through the use of our Service is at your own risk.

 

IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (000 IN AUSTRALIA) AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN-PERSON/FACE-TO-FACE ASSISTANCE. OUR SERVICE IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND CANNOT PROVIDE THE ASSISTANCE, ASSESSMENT OR TREATMENT REQUIRED IN ANY OF THE AFOREMENTIONED CASES.

 

OUR SERVICE IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON/FACE-TO-FACE ASSESSMENT AND EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT-ORDERED ASSESSMENT AND/OR COUNSELING. OUR SERVICE IS ALSO NOT INTENDED FOR THE PROVISION OF INFORMATION FOR THE PURPOSE OF APPLICATION FOR SPECIALIST EDUCATIONAL SERVICES FUNDING, DRUG PRESCRIPTION OR MEDICAL TREATMENT.

 

DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON/FACE-TO-FACE CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH OUR SERVICE.

 

OPA does not recommend or endorse any specific health care provider, procedure, opinions or any third-party provider.

 

By using OPA’s Service and/or providing your e-mail address to OPA, you are consenting to receive e-mail from us (including, but not limited to, commercial electronic mail messages) unless you advise us in writing or by e-mail that you do not desire to receive e-mail from us. For more information on how we treat your personal information, please read our Privacy Policy found at www.opacentre.com.

 

DISCLAIMER.

The OPA Site, and the tests, reports and other results obtained from using the OPA Site are provided for informational purposes only. The information is not intended to constitute professional psychological, psychiatric, or medical advice. The information is not suitable for and must not be relied upon by you or any other person for purposes of medical care, or diagnosis or treatment of any medical or mental health or other health care condition or disease, and does not constitute a recommendation for a specific treatment plan or course of action. The responsibility for seeking medical and/or mental health care, diagnosis, and treatment recommendations from independent health care professionals rests solely with you.

 

SECTION 2 – CONSENT AND ONLINE SITE/SERVICE TERMS

By agreeing to these Terms of Service, you represent that you are 18 years of age or older and have read, understood, and agree with the Terms of Service and the Privacy Policy.

 

By agreeing to these Terms of Service, you represent that you give your consent to undergo a psychological, behavioural, educational and/or psychometric assessment or, for psychological assessments of children or adolescents under the age of 18 years, you declare that you are the parent or legal guardian of the child or adolescent and that you give your consent for the said child or adolescent to undergo a psychological, behavioural, educational and/or psychometric assessment or, for psychometric assessment of individuals including but not limited to potential employee candidates or for selection and recruitment purposes, you declare that you have obtained the individuals’ consent to undergo psychometric assessment.

 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.

 

You may not use our Service or products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

You must not transmit any worms or viruses or any code of a destructive nature.

 

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 3 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the service is provided, without express written permission by us.

 

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

 

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

 

SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our Service and products are subject to change without notice.

 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 6 - PRODUCTS OR SERVICES (if applicable)

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of our Service or products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Service or product at any time. Any offer for any product or service made on this Site is void where prohibited.

 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same Customer account, the same credit card, and/or orders that use the same billing and/or shipping and/or e-mail address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store/Site. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

SECTION 8 – THIRD-PARTY TOOLS AND SERVICES

We may provide you with access to third-party tools, materials and services including but not limited to third-party online digital testing platforms, third-party psychometric assessments, third-party online links, links to third-party websites, links to online digital testing platforms and third-party resources (“Third-Party Tools and Services”), over which we neither monitor nor have any control nor input.

 

You acknowledge and agree that we provide access to such Third-Party Tools and Services “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of Third-Party Tools and Services.

 

Any use by you of Third-Party Tools and Services offered through the Site and through use of the Service provided through this Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms of use and terms of service and privacy policies on which the Third-Party Tools and Services are provided by the relevant third-party provider(s). Your continued use of Third-Party Tools and Services offered through the Site and through use of the Service provided through this Site following the posting of any changes or updates to the terms of use or terms of service or privacy policies associated with those Third-Party Tools and Services constitutes acceptance of those changes.

 

As a condition of your use of the Service and Third-Party Tools and Services, you warrant to OPA that you will not use the Service or Third-Party Tools and Services for any purpose that is unlawful or prohibited by the Terms of Use or Terms of Service or Privacy Policies of OPA or the relevant third-party provider(s). You agree not to obtain or attempt to obtain any materials or information not intentionally made available to you on the Service or Third-Party Tools and Services.

 

Any copying, downloading, adaptation, reproduction, transmission and any redistribution of any information from the Site or the Third-Party Tools and Services (whether internally to your organisation or externally, and whether for commercial use or not), without the express written permission from OPA or the relevant third-party provider(s), respectively, is prohibited.

 

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 9 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

 

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

You may have linked to our Service from a third-party website and our Service may provide links to other third-party websites, materials, products, services or resources (collectively, “Third-Party Sites”, “Third-Party Site”). Because we do not control such Third-Party Sites you acknowledge and agree that OPA is not responsible or liable for the content, products, performance of or privacy of your details on those Third-Party Sites, and you hereby irrevocably waive any claim against OPA with respect to such sites. OPA reserves the right to terminate any link at any time without notice. The inclusion of a link to such Third-Party Sites does not constitute or imply an endorsement, authorisation, sponsorship, or affiliation by OPA of that Third-Party Site, or any products or services provided therein. The information practices of those Third-Party Sites are not covered by the Terms of Service or any other policies or terms applicable to our Service. We recommend that you review any terms of use and privacy policy of those Third-Party Sites linked to our Service before providing any information to those websites or using their products and services. Your continued use of or access to our Site or the Service following the posting of any changes or updates to the terms of use or terms of service or privacy policies associated with Third-Party Sites constitutes acceptance of those changes.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

 

SECTION 11 - PERSONAL INFORMATION

Protecting and safeguarding any information you provide is extremely important to us. Your submission of personal information is governed by our Privacy Policy (the “Privacy Policy”). You can visit our Site to view our Privacy Policy.

 

By agreeing to these Terms and/or by using our Service, you are also agreeing to the terms of the Privacy Policy. The Privacy Policy is incorporated into and deemed a part of these Terms of Service. The same rules that apply regarding changes and revisions of these Terms also apply to changes and revisions of the Privacy Policy.

 

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate (but are not limited) to service or product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 13 - PROHIBITED USES

As a condition of your use of the Service, you warrant to OPA that you will not use the Services for any purpose that is unlawful or prohibited by the Terms of Service. You agree not to obtain or attempt to obtain any materials or information not intentionally made available to you on the Services.

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, religion, ethnicity, race, age, national origin, sexual orientation, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

OPA does not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, available for any length of time, secure or error-free.

 

OPA does not warrant that the results that may be obtained from the use of the Service or in connection to the use of the Service will be accurate, valid or reliable.

 

OPA does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the use of the Service or in connection to the use of the Service will meet your expectations.

 

OPA does not warrant that any errors or defects in our Service will be corrected.

 

Any material uploaded/downloaded or otherwise obtained from the Service or in connection to the use of the Service is done at your own discretion and risk; OPA shall not be liable, and you will be solely responsible, for any and all loss, or corruption, of data uploaded or inputted by you through the use of the Service, and all servicing, repair, or correction and any damage to your hardware and software that may result from the use of the Service.

 

You agree that from time to time OPA may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

 

You expressly agree that your use of, or inability to use, the Service is at your, and each user’s, own and sole risk. The Service and all services and products delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' and ‘with all faults’ for your use, without any representation, warranties or conditions of any kind, either express or implied, whether by statute, common law, custom, course of dealing, course of performance, usage of trade, or otherwise, relating to our Service including (but not limited to) all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, lack of viruses and non-infringement to the maximum extent permitted by applicable law, OPA makes no representation, warranty, or guaranty relating to the suitability, reliability, validity, availability, timeliness, quality, accuracy, or completeness of our Service, any data, information, record, report, or results obtained through or resulting from the use of our Service, or the accuracy of the informational content, for any purpose, without limiting the generality of the foregoing, to the maximum extent permitted by applicable law, OPA makes no representation, warranty, or guaranty that OPA will meet the OPA Customer’s, or any user’s requirements or expectations, that our Service will be error-free, that any defects or errors will be corrected, or that the data, information, records, reports or other results obtained from the use of our Service will be accurate, valid or reliable for any other purpose.

 

Some states do not allow the exclusion of certain warranties, so the above limitations or exclusions may not apply to you.

 

The information and material on this website is intended to provide a general guide only. While OPA uses reasonable care in compiling and presenting the information and material on this website, OPA makes no representation or warranty whatsoever regarding the accuracy, currency, completeness, adequacy, suitability or operation of this website, any services we may provide through it or the information or material it contains.

 

To the maximum extent permitted by law, OPA shall not be responsible or liable for:

(a) any loss, liability or damage suffered or incurred arising out of or in connection with any access to or use of the website or any of its content;
(b) any reliance on, or decision made on the basis of, information or material shown on or omitted from this website or in connection with the use of our Site or Service;
(c) any representation or otherwise that any employer or client will ask for a candidate's information, ask to interview or hire a candidate, or that any candidates will be available or will meet the needs of any employer or client;
(d) any breach of these Terms and Conditions by OPA caused by circumstances beyond its reasonable control;
(e) any fault, delays, interruptions or lack of availability of this website and any of the services provided through this website, which may occur due to intermittent failures of this website, or the need for repairs, maintenance or the introduction of new facilities or services;

(f) any fault, delays, interruptions or lack of availability of Third-Party Tools and Services or Third-Party Sites including but not limited to third-party websites and digital online testing platforms, and any of the tools and services provided by third-parties as a result of using this website and any of the services provided through this website, which may occur due to intermittent failures of this website or third-party websites or third-party digital online testing platforms, or the need for repairs, maintenance or the introduction of new facilities or services on third-party websites and digital online testing platforms;

(g) any representation that data provided through our Site or through the use of our Service will be free of worms, viruses, Trojan horses or any other computer code that may adversely affect any communication;
(h) any information or material carried on any website or digital online testing platform operated by a third party which may be accessed from this website or as a result of using this website and any of the services provided through this website.

 

If any warranty cannot be excluded, to the maximum extent permitted by law, OPA liability will be limited to resupply of the relevant service or the cost of resupplying the service, at OPA’s option. In any event, OPA will not be responsible or liable for any direct, indirect, consequential, incidental, exemplary, punitive or special damages, loss, liability or expense (including, without limitation, loss of business, revenue, profits, goodwill, use, data) arising out of or in connection with the Site or in any way related to its use or misuse or performance or arising out of Third-Party Tools and Services or Third-Party Sites.

 

In no event shall OPA or its employees, agents, licensors, or contractors be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, damages for loss of profits, goodwill, use of data, or other intangible losses (even if such party has been advised of the possibility of such damages), resulting from: (a) the loss of data and/or the use or the inability to use the Services; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (c) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Services; or (d) any other matter relating to the Services.

 

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, the limitations above may not apply to you.

 

SECTION 15 - USE ON BEHALF OF A BUSINESS ENTITY OR ORGANISATION OR YOUR OWN BUSINESS

If you are using OPA on behalf of a business entity or other organisation, or as part of your own business including (but not limited to) where your role in the business, whether in whole or in part, is as a practitioner including (but not limited to) a psychologist, psychiatrist, doctor, counsellor, social worker, teacher, educator, occupational therapist, case manager or hiring manager, you represent and warrant to OPA that you have the authority to legally bind such business entity or other organisation or your own business to these Terms of Service. In such event, both you, acting on behalf of the business entity or other organisation or your own business, and the business entity or other organisation or your own business for whom you act, are jointly and severally bound by these Terms of Service and references in these Terms of Service to “OPA Customer,” “Customer”, “client”, “you” or “your” refer to both you, acting on behalf of the business entity or other organisation or your own business, and the business entity or other organisation or your own business for whom you act, jointly and severally. Otherwise, if you fail to have the legal authority to bind such business entity or other organisation or your own business or if you are not using the OPA Site on behalf of a business entity or other organisation or your own business, you agree that these Terms of Service are binding to you in your individual capacity and references in these Terms of Service to “OPA Customer,” “Customer”, “client”, “you” or “your” refer to you in your individual capacity.

 

SECTION 16 - RESPONSIBILITY FOR USE OF OUR SERVICE

As user of our Service, you assume full responsibility for all use of our Service and all third-party tools and services as provided through use of our Service by yourself and others within your organisation and by or for your own customers/clients.

 

You agree that each individual who accesses and uses our Service and any third-party tools and services as provided through use of our Service is responsible for any wrongful acts, and omissions by a user, and a user’s breach or default of these Terms of Service.

 

If you are a user or an administrator of products on our Site or obtained through our Service or of any Third-Party Tools and Services, or a licensed user, you agree to use such products in accordance with the contract that governs the provision of such products. You also agree to use such products within the scope of your training and professional competence, in a manner consistent with their intended use and in a manner consistent with all professional, ethical, and regulatory guidelines and standards. If you are accessing any clinical products, you agree to access them only if you have the necessary clinical certification and training to use such instruments. By the use of clinical products you agree to use such products in accordance with the applicable laws and regulations. By the use of products for human resource and pre-employment screening you confirm that you have full and current knowledge of the applicable laws and regulations on the use of such products, including but not limited to any laws or guidelines on employee selection procedures and any other federal and state employment laws, and you agree that you take full responsibility for the use of the products and for the manner in which they are used and for the purpose for which they are used, and you agree to use such products in accordance with the applicable laws and regulations.

 

The Site may contain or use materials which are owned by or licensed to us. This material includes, but is not limited to, the pages, content, design, layout, look, appearance, graphics and all the code and scripts used to implement this Site. It is protected by intellectual property laws including, but not limited to, copyright. If you are a licensed user, you agree to take all diligent and reasonable steps to keep the products and processes on the Site confidential and free from unauthorised access or use, and not to divulge, provide, or make the products available to a third person, unless said person is under your direct professional supervision.

 

Any copying, downloading, printing, adaptation, reproduction, transmission and any redistribution of any information from the Site or of any information or content from Third-Party Tools and Services (whether internally to your organisation or business or externally, and whether for commercial use or not), without our or the relevant third-party(ies)’s, respectively, express written permission, is prohibited.

 

You may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes or otherwise redistribute or use any code or content from the Site without OPA’s prior written agreement.

 

If you print, copy, download or use any part of the Site or of the Third-Party Tools and Services in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

Information, products, processes and technologies described on the Site may be subject to other intellectual property rights. These rights are reserved by OPA or other owner thereof.

 

SECTION 17 - EXCLUSION OF CERTAIN DAMAGES

You understand, acknowledge, accept and agree that OPA offers online psychological assessments that are made available via third parties who provide online testing platforms for selected assessment tools and who may have access to your data, personal information and any other information related to your use of our Service.

 

In no case shall Online Psychological Assessments, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, third parties, service providers or licensors be liable for any injury, loss, claim, or for any direct, indirect, incidental, collateral, punitive, special, exemplary, or consequential damages of any kind, whether based in any action or contract, equity, strict liability, tort (including, but not limited to, negligence), or other theory of liability (including, but not limited to, breach of warranty) or otherwise, arising out of or in any way connected with or relating to the use or performance of or inability to use our Service or any products or services procured using the Service or any error, omission or inaccuracy contained in, any content, data, information, record, report or results obtained through or resulting from the use of our Service or from any loss or corruption of data or other information, report or record, even if OPA has been advised of the possibility of such damages or such possibility was reasonably foreseeable including (but not limited to) damages for loss of use, for delay, loss of business, loss of revenue, profits or savings, business interruption loss, loss or corruption of data or other information or record, loss of privacy, and loss of goodwill, and liability to third parties, arising out of or in any way connected with or related to the use or performance of or inability to use our Service or arising out of or in any way connected with or relating to the use or inability to use any data or other information, record, report or results obtained through or resulting from the use of or inability to use our Service, any loss or corruption of data or other information, report or record, or arising from any failure to meet any duty, including (but not limited to) any duty of good faith or to exercise commercially reasonable care, or arising out of any course of dealing, course of performance, usage or trade, or otherwise, even if OPA was advised of the possibility of such damages or if such possibility was reasonably foreseeable.

 

Because some states or jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 18 - FURTHER LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, OPA’s total liability and obligation arising out of or in any manner connected with or relating to the OPA Customer’s or any users’s use or inability to use our Service, or the results obtained from the use of our Service is limited to direct damages which shall not in any event exceed one hundred dollars ($100.00) in the aggregate. To the maximum extent permitted by applicable law, this limitation applies regardless as to whether the liability is based on breach of contract, tort (including, but not limited to, negligence), strict liability, breach of warranty, or any other legal theory.

 

SECTION 19 - APPLICATION OF LIMITATIONS AND EXCLUSIONS

The forgoing limitations and exclusions apply notwithstanding the failure of essential purpose of any remedy, and survive the termination of these terms and conditions of use or your right to use our Service.

 

SECTION 20 - WAIVER OF CLASS ACTION OR CLASS ARBITRATION

To the maximum extent permitted by applicable law, you will not bring, request, join, or participate in a class action or class arbitration proceeding as to any claim, demand, suit or cause of action you may have against OPA arising out of, relating to or in any way connected with the OPA Site, your use of the OPA Site, or any test or other product or service obtained through the OPA Site, and you waive and relinquish any right you may now or in the future have to bring, request, join or participate in any lawsuit or arbitration or other proceeding on a class action or consolidated basis or to participate as a representative or member of any class of claimants pertaining to any claim, demand, suit or cause of action arising out of, relating to or in any way connected with your use of the OPA Site, or any test, or other product or service including (but not limited to) any report and information contained within any report obtained through the OPA Site. This provision does not constitute a waiver of any of your rights and remedies to pursue a claim individually, and not on a class action, class arbitration or consolidated basis or as a representative or member of any class of claimants.

 

SECTION 21 – INDEMNIFICATION

You agree to indemnify, protect, save, defend and hold harmless OPA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, servants, representatives, contractors, licensors, third parties, service providers, subcontractors, suppliers, interns and employees of, from and against any loss, injury, damage, expense, cost, liability and of any claim, action or demand, including (but not limited to) reasonable attorneys’ fees and expenses, made by any third-party due to or arising out of your use of our Service, your connection to the Service or due to your breach or violation of these Terms of Service or the documents they incorporate by reference, or your breach of any representation, warranty or obligation, or your violation of any rights of another user,  or your violation of any law or the rights of a third-party, or that OPA or any of its parent, subsidiaries, affiliates, partners, officers, directors, agents, servants, representatives, contractors, licensors, third parties, service providers, subcontractors, suppliers, interns, or employees may incur that shall arise out of, be connected with, or be in any manner related to your use of our Service or the use of our Service by any employee, customer/client or individual under your control and/or supervision, or any breach or default by you or by any employee, customer/client or individual under your control and/or supervision of these Terms of Service. Your liability for indemnification survives any termination of your account or registration or use of our Service.

 

SECTION 22 - SEVERABILITY

Each paragraph, section, provision, sentence, and part thereof of these Terms of Service is severable from each other paragraph, section, provision, sentence, or part thereof of these Terms of Service, and the invalidity or unenforceability of any such paragraph, section, provision, sentence, or part thereof, shall not affect the validity or enforceability of the balance of these Terms of Service. If a court of competent jurisdiction determines that any provision of these Terms of Service is invalid, unlawful, void, unreasonable or otherwise unenforceable in whole or in part under applicable law, the parties intend that the provision shall not thereby be declared null or void or be otherwise determined to be unenforceable, but that the court shall modify, and these Terms of Service shall be deemed to have been so modified, that provision to the minimum extent necessary to reflect as nearly as possible the original intentions of the parties in conformity with applicable law, and that such modification shall apply only with respect to the operation of that provision in the jurisdiction for which that adjudication or determination is made, and shall not in any manner affect or render invalid or unenforceable that provision in any other jurisdiction or any other provision of these Terms of Service in that or any other jurisdiction.

 

SECTION 23 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

 

OPA reserves the right at all times to discontinue, temporarily or permanently, the Service or any part thereof or to suspend or terminate any user’s access to the Site, Service, registration, account or any part thereof, without notice, for any reason whatsoever, with or without cause, in the exercise of OPA’s sole and absolute discretion. OPA may also modify, delete, or adapt the Service at any time without any notice or obligation to the user at OPA’s sole discretion. If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, or for any reason whatsoever, with or without cause, in the exercise of OPA’s sole and absolute discretion, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof). You agree that OPA will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service, or any part thereof. Upon termination for any reason of your right to use and otherwise access the Service, you must cease all access to the Service. All provisions of the Terms of Service as to limitation and disclaimer of warranties, limitation of liability, OPA’s ownership rights, and your representations and indemnities shall survive termination.

  

SECTION 24 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 25 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

 

SECTION 26 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

 

We reserve the right at any time and from time to time, at our sole discretion, to modify the OPA Site or to update, change or replace any part of these Terms of Service by posting updates and changes to our Site or to any service or product provided by or made available on or made available through the OPA Site, or to any service or product provided by or made available on or made available through the OPA Site, and their respective features and functionality, in whole or in part, without notice to you. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. OPA will not be liable to you or any third party for any modification, suspension, or termination of access to this Site, or loss of related information or other content.

 

SECTION 27 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at admin@opacentre.com.