Terms and Conditions

Please read this page carefully. It contains the terms and conditions (the "Terms and Conditions") governing your access to and use of the PRISM Brain Mapping System ("The System") and its Services ("The Materials") provided by PRISM Brain Mapping International Ltd ("The Operator") or any of its divisions (collectively known as, "PRISM Brain Mapping").

Before the Customer ("you") can use the System via the PRISM websites ("the Sites"), you must read and agree to this Agreement and the Privacy Statement (together, the "Agreement"). The Agreement sets out the terms on which PRISM ("we", "us", "our", or "ourselves") agrees to provide the Materials and Services to you and the conditions under which you may purchase those Services and Materials.

These Terms and Conditions (as they may be amended from time to time by us) form a binding agreement between you and us. Your access to or use of the System and the Materials indicates your full acceptance of these Terms and Conditions. You are also agreeing to use the System at your own risk.

We reserve the right to change this Agreement at any time. We will give you notice of any change by email when a change is made, sent to the email address that you provide when registering (or any other email that you provide subsequently). Accordingly, it is important that you ensure that the email address that we have for you is current. Any changes made by us to these Terms and Conditions will not apply to disputes of which PRISM had actual notice at the date the changes are made.

By registering for your PRISM Account or using the Service, you accept and agree to abide by this Agreement. If you do not agree to accept and abide by this Agreement, you must not use this site.

1. DEFINITIONS AND INTERPRETATION

1.1 In these Terms and Conditions, the following meanings shall apply:

• "The Owner" means PRISM Brain Mapping.
• "The Operator" means PRISM Brain Mapping, the Site Operator.
• "Account Details" means the details you provided to register for the Materials and Services.
• "Certified Practitioner" means a person who has successfully completed a PRISM Brain Mapping training programme recognised by the Owner, and who has been approved by the Owner to be registered to use the Restricted Materials and who holds a valid "Certified Practitioner" certificate issued by the Owner. The unauthorised use of the term "PRISM Certified Practitioner" is strictly forbidden and is a fundamental breach of this Agreement. Practitioner certification training may only be provided by Certified Practitioners who also hold a valid Certificate in Practitioner Training issued by the Owner under the terms of the Owner"s Operating Policy.
• "Fee" means the cost of your Order based on the selection of Materials and Services nominated in the Order at the applicable standard charges.
• "Guidelines" means the Owner"s Guidelines for ethical use of the Materials and Services.
• "Master Practitioner" means a person who is a "Certified Practitioner" and who has in addition successfully completed further training and gained the appropriate experience in the use of the Materials and who holds a valid Master Practitioner Certificate issued by the PRISM Brain Mapping UK. The unauthorised use of the term "PRISM Master Practitioner" is strictly forbidden and is a fundamental breach of this Agreement.
• "Materials" means inventories and related outputs, including Restricted Materials, whether electronic or printed materials or recorded on any other medium. These include, but are not limited to, all materials provided by the Owner in connection with the use of PRISM Professional, PRISM Foundation, PRISM Personal, PRISM Talent Finder, PRISM Career Explorer, PRISM Select Online, PRISM Partners, PRISM 4D, PRISM Career Match, The PRISM Team Performance Inventory, The Organisational Culture Inventory, The PRISM Cycle of Performance Excellence, The Team Strengths Inventory and the PRISM Personal Performance Inventory.
• "Order" means the request by you to purchase PRISM Materials and Services through the PRISM System from time to time.
• "Participant" means any individual who wishes to, or who is asked to participate in using the PRISM System.
• "Participant Input" means the entering of data, answers and other personal information as requested from time to time by the PRISM System and provided by the Participant. Interpretation of this input in completion of PRISM questionnaires and surveys produces PRISM Results
• "PRISM Brain Mapping" means the website located at addresses https://www.prismbrainmapping.com; https://www.prismbrainmapping.com.au; https://pbma.com.au and such other domains as advised from time to time.
• "PRISM Web Site" or the "Site" (collectively, the "PRISM Brain Mapping Websites" or the "Sites") means any web site under the Operator’s control, whether partial or otherwise and includes such Site"s Content, Text, Graphics, Design, Programming, Materials and Services (as applicable in each context).
• "PRISM Inventories" means the questionnaires or surveys designed specifically to identify various behavioural preferences, work aptitudes and likely actions of Participants in a work environment.
• "PRISM Results" means the feedback, information and other reports provided by the PRISM System based on Participant"s Input.
• "Job Benchmarking" means a process for identifying the ideal behavioural requirements for specific roles and for helping to improve alignment between individuals and those roles.
• "The System" means all the processes enabled from the Site including but not limited to talent management features, the development of online surveys, and the provision of reporting results to authorised users, each and every feature whether referred to collectively or jointly and any feedback or other interaction between you and the Site.
• "Restricted Materials" means any inventories or materials (including profile charts) that, at the time of purchase, are identified by the Owner and Operator as restricted to use by Certified Practitioners and Master Practitioners.
• "Services" means the work to be undertaken by the Operator for the Customer.
• "The Site" means the website known as: "www.prismbrainmapping.com", "www.prismcareerexplorer.com" and ‘www.prismtalentfinder.com’.
• "Trademarks" means all the registered and unregistered trademarks used in the course of business by the Operator under the terms of its Agreements with the Owner in the course of business.
• "Terms and Conditions" means the Terms and Conditions set out in this document plus the Privacy Policy conditions as displayed on this Site.
• "Terms of Use" means the ethical guidelines laid down for the use by Certified Practitioners and users of the Site and Materials.
• "You" means the person named in your Account Details.
• "Your Account" means your registered Account with us.

1.2 The headings in these terms and conditions are for convenience only, and do not affect their interpretation.

2. USE OF THIS WEBSITE

2.1 The Operator, having been authorised accordingly in a written Agreement with the Owner, makes the Materials and services, including all information, documents, communications, files, text and graphics and software available through the Site (collectively, the "Materials") and all services operated by the Operator and third parties (the "Services") through the Site, available to you for your use subject to the terms and conditions set out in this document, including the Privacy Policy and the Warranty and Disclaimer conditions, and any changes to this document that the Operator may publish from time to time (the "Terms and Conditions").

2.2 The Materials and Services are offered to you on the strict understanding that you accept without modification these Terms and Conditions. By using this Site you are agreeing to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this Site. In accepting these Terms and Conditions you are also accepting the Privacy Policy and Warranty and Disclaimer conditions for the use of this Site.

2.3 If you do not comply with these Terms and Conditions, your authorisation to use this Site will automatically end and any Materials that you may have downloaded or printed from it must be immediately destroyed.

2.5 The Operator reserves the right to change these Terms and Conditions and other guidelines or rules posted on the Sites from time to time at its sole discretion.

2.6 You may not link to these Sites without the prior consent of the Operator and any request to link to the Sites should be made to the Operator at: Tiffany@pbma.com.au.

2.7 All the Owner"s rights in the content and design of the Sites are reserved.

2.8 You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Sites for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Sites complies fully with these Terms and Conditions and all applicable laws.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 You acknowledge that the Owner owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the Owner’s Rights), and the Owner’s Rights are protected by intellectual property laws. Accordingly, you must not copy, reproduce, alter, modify, reverse engineer or create derivative works from the Service, save as permitted by law. You must not use any robot, spider, other automated device, or manual process to monitor any content from, hosted by or that is otherwise available using the Service. The Owner’s Rights include rights to the Service provided by us, all software and computer programmes associated with the Service.

3.2 The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorised use of the Materials or Services at the Sites may violate such laws and these Terms and Conditions. Unless otherwise indicated, all copyright and intellectual property rights are reserved by the Owner. The Operator is bound by Owner to take prompt legal action against anyone who infringes the Owner"s copyrights. All proposed modifications to the Sites, Materials or Services must be approved in writing by the Owner.

3.3 You hereby agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sub-licence, reverse engineer, or create derivative works based on the Sites, the Materials, or the Services or their selection and arrangement, except as expressly authorised in these Terms and Conditions. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site

3.4 The Owner"s brand names mentioned on the Sites are registered trademarks belonging to the Owner. If you wish to use PRISM logos directly on another website, prior written consent from the Owner must be obtained. Please contact us at: Tiffany@pbma.com.au

3.5 All Materials and Services including training materials are sold or otherwise provided solely for use in conjunction with PRISM Brain Mapping and remain the intellectual property of the owner. The use of all such materials unconnected with PRISM Brain Mapping is strictly forbidden and is a fundamental breach of this Agreement.

3.6 All intellectual property rights in all works or materials provided under this Agreement including those which are written or produced on a bespoke or customised basis, and including, without limitation, all future such rights when the said works, shall be the property of the Owner and shall bear prominently the wording: "powered by PRISM Brain Mapping".

4. USER REGISTRATION

4.1 Where use of the Sites or certain Materials or Services of the Site requires user registration, you will be required to provide registration information (the "Registration Data").

4.2 In registering to use the Sites, including all Materials and Services available through it, you agree to: provide accurate, complete and up to date information about yourself as required by the relevant Site"s registration form; maintain and update your Registration Data to keep it accurate, complete and up to date.

4.3 You are responsible for maintaining the confidentiality of your account and for all activities carried out using your account information. You agree to notify the Operator immediately of any change in your account information or any unauthorised activity involving your account information or if you suspect that the confidentiality of your account information has been compromised.

5. PURCHASE OF MATERIALS AND SERVICES

5.1 If you purchase goods or services from third parties, even if you have been directed from the PRISM Sites to them, any contract you enter into with those third parties and any use you make of those websites is a matter between you and the owners or operators of those websites. The Operator accepts no liability for the quality or type of services or goods provided by any third party mentioned on the PRISM Sites or to whom the Sites are linked.

5.2 Any information, offer or service made available by any third party on the Sites, or on any website to which the Sites are linked, is that of the author or provider, and not of the Operator. The Operator does not necessarily endorse, and is not responsible for, the accuracy or reliability of, any such information, offer or service.

5.3 The Operator makes no representations and gives no warranty about any other websites or any information, offer or service on them. The Operator has no control over their content or availability and will not be liable for any loss or damage caused by or in connection with use of, or reliance on, any content, goods or services available on or through any other website.

5.4 Any concern you may have about any external link should be directed to that site"s website administrator or webmaster at: Tiffany@pbma.com.au

6. YOUR OBLIGATIONS

You represent, warrant and undertake that:

6.1 In the event that you need to use Restricted Materials and you are also not a Certified Practitioner, you shall ensure that only a Certified Practitioner who is under your control uses the Restricted Materials, that those Materials remain at all times in the possession of and under the control of the Certified Practitioner and that the Certified Practitioner complies with the Guidelines.

6.2 You shall not, and shall ensure that any Certified Practitioner under your control shall not, licence, lend, exchange, give or otherwise dispose of Restricted Materials to third parties or act as agent, distribution channel or stockist of the Restricted Materials, other than providing them to individuals in order for those individuals to be profiled under the Certified Practitioner"s supervision; and shall indemnify the Operator fully in the event that the Operator or the Operator"s licensors suffer any losses, claims, liabilities, damages, expenses or costs as a result (whether direct or indirect) of any breach by you of such warranties and undertakings.

6.3 You assert that you have taken all reasonable steps including where appropriate taking third party expert opinion to determine the suitability of the Materials and Services for your intended uses. You further assert that you have not been unduly influenced by any representations made by the Owner or Operator, or anyone employed them when determining the suitability of the materials and Services.

6.4 You assert that you accept total responsibility for ensuring that your use of the System and the Material complies fully with all local laws, regulations and conditions and that the use of the System and Materials does not disadvantage any person on the grounds of gender, race or disability.

6.5 You assert that in determining the suitability of the System and Materials that you have read and understood the information provided on the Operator’s website and not been influenced by any other factors such as the expressed or implied skills, knowledge, experience or qualifications of either the Owner or the Operator, or their affiliates, representatives, consultants and agents (collectively, "PRISM Brain Mapping").

7. USE OF THE RESTRICTED MATERIALS

7.1 Purchases of Restricted Materials must be made by or on behalf of an identified Certified Practitioner who is qualified to use the Restricted Materials and has registered with the Owner and the Operator in accordance with its registration procedures.

7.2 To become a Certified Practitioner, you must have successfully completed appropriate training and assessment approved by the Owner, details of which are available from: Tiffany@pbma.com.au

7.3 Restricted Materials must be used in compliance with the Guidelines. The Guidelines may be changed from time to time to reflect the most recently accepted practices. The Operator reserves the right to refuse to supply Restricted Materials to you if you fail to comply with the Guidelines.

8. USING THE MATERIALS AND SERVICES FOR RECRUITMENT

8.1 The System is not a test. It does not involve the use of right or wrong answers, or measure skill, ability or levels of intelligence. It compiles an inventory of the intensity of each Participant’s expressed preferences for a range of behaviours and work aptitudes, and enables those preferences to be matched with those required by specific roles or jobs.

8.2 The System should be used as only one factor in any overall recruitment screening process. The results from screening undertaken by the System should not be used as the sole determination of whether to hire any individual or for any other human resource decisions.

8.3 The System is designed to assist in identifying job related behavioural preferences and aptitudes that should be more thoroughly investigated by interviews, additional assessments, or background and reference checks. The proper review of previous work experience, the skills required by the job as well as personal references should all be part of a comprehensive process. When the safety of others is of prime consideration, appropriate background checks, drug screening and an examination from a medical doctor should all be considered when appropriate.

8.4 The System is not designed for clinical use. It does not measure mental health, honesty, violent tendencies, psychotic conditions, sexual deviance or political opinions and cannot be used in identifying these conditions or to predict any associated behaviours.

8.5 By using the System, whether in whole or in part, you understand and agree that the System will be used in conjunction with and in adherence to all local laws and other guidelines for proper assessment and evaluation of employees, candidates for selection, and all other personnel who may be given access to the System, and shall not be: (a) relied on solely in making a decision concerning a candidate"s prospective employment; and/or (b) used to discriminate against current employees or applicants on the basis of any legally or otherwise protected status, such as race, colour, religion, sex, national origin, sexual orientation, age or disability.

8.6 While the System offers you the facility to input information specific for a certain jobs or roles it is your responsibility to ensure that these practices are legal and officially permitted by all local laws. Therefore, PRISM and its affiliates, representatives, consultants and agents (collectively, "PRISM Brain Mapping") assume no responsibility for your use of the System for recruitment and other human resource decisions.

8.7 A proper comprehensive recruitment process involving the use of PRISM should include but not be limited to the practices listed in 8.1 to 8.6 above.

8.8 Any information or output generated by the PRISM Talent Finder, PRISM Career Match system, or the PRISM Career Explorer systems is provided for career or education programme exploration purposes only and does not infer in any way that any individual should be employed in any specific job or role or should undertake any specific programme of education. All such decisions are at the total discretion of the relevant individual user, employer, or educational institution and must be made in conjunction with and supported by other recruitment measures. Although Information is considered to be useful and accurate you are solely responsible for:

(1) ensuring information input by you is accurate
(2) taking or refraining from any action based solely upon Information

8.9 You must not use the System or the Materials in such a way as to act unfairly or to discriminate against a job applicant or an employee because of the person"s race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age, disability or genetic information.

9. WARRANTIES AND INDEMNITIES

9.1 You warrant to the best of your knowledge that the materials and information you provided to us for the purposes of providing the Materials and Services:

(a) are true, correct and current;
(b) are able to be disclosed by you;
(c) do not infringe the rights of any third party;
(d) are able to be legally provided to us and its disclosure does not breach any law or any obligation (whether of confidence or otherwise) owed to any person; and
(e) you have all necessary right, power and authority to enter into the Agreement and to perform the acts required of you under the Agreement.

9.2 You acknowledge that you have not relied upon or been induced by any representation by us and we make no warranty or representation as to:

(a) the results that may be obtained through the Materials and Services;
(b) the accuracy, reliability or otherwise of any information obtained through the Materials and Services;
(c) the Materials and Services or delivery network being uninterrupted, timely or error free; or
(d) whether your use of the Materials Services is legal.

9.3 You assert that you have taken all reasonable steps including where appropriate taking third party expert opinion to determine that the Materials and Services are suitable for your intended uses.

9.4 You warrant that the age, race, gender, status, experience or qualifications of any of the Owner’s or Operator’s members, employees, agents, or representatives are not material matters of fact upon which you have relied in any way whatsoever when entering into this Agreement.

9.5 You warrant that you will not use the Materials in any way that is likely to disadvantage others on the grounds of age, race, gender or disability, or in any way that is likely to discriminate unfairly.

9.6 You warrant that you have taken and will continue to take all reasonable steps to comply with applicable local laws, regulations and other conditions for the use of the Materials.

9.7 You warrant that you accept total responsibility for the accuracy and appropriateness of all Job Benchmarks created by you using The System and that you absolve us from any injury, loss or damage arising out of the creation of all such Job Benchmarks. You further warrant that you will not use such Job Benchmarks for recruitment or redeployment purposes unless supported by other methods.

10. LIMITATION OF LIABILITIES

10.1 To the extent permissible by law we exclude any liability:

(a) for any failure of performance, error, omission, interruption, deletion, defect or delay in transmission or operation; or
(b) for any injury, loss or damage arising out of provision of the Materials and Services, provided that We do not exclude any such liability if it arises as a result of our failure to take reasonable steps to guard against and use its best endeavours immediately to rectify any of the matters referred to in this clause 10.1 of which we are aware.

10.2 You acknowledge that we assume no liability and make no representations impliedly or expressly to assume or contribute in any form towards any costs you may incur through your use of the Materials and Services.

10.3 To the fullest extent permissible at law, We are not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in anyway connected with the provision of or failure to provide the Materials and Services otherwise arising out of the Materials and Services or an Order, whether based on contract, negligence, strict liability or otherwise, even if we have been advised of the possibility of damages.

10.4 You expressly agree that use of the Materials and services is at your own risk. To the extent allowed by law, our liability for breach of a term implied into this Agreement by any law is excluded.

10.5 We give no warranty in relation to the Materials and Services or Order provided or supplied. Under no circumstances are we or any of our distributors or suppliers liable or responsible in any way to you or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues), as a result, direct or indirect of any defect, deficiency or discrepancy in the Materials and Services or an Order including its form, content and timeliness of delivery, including, without limitation, for and in relation to any of the following:

(a) any Materials and Services or Order supplied to you;
(b) any delay in supply of the Materials and Services or Order;
(c) any failure to supply the Materials and Services or Order;
(d) any technical or non-technical failure; or
(e) any content or information accessed via the Materials and Services with or without your authorisation.

10.6 You acknowledge that the Materials and Services or Order are not goods of a kind ordinarily acquired for private, domestic or household use or consumption. You acknowledge that our liability is limited to the provision of re-supplying the Materials and Services and or the costs of having the Materials and services supplied again.

10.7 You agree to indemnify, hold harmless and defend the Owner and Operator from any claims, damages, losses, liabilities and all costs and expenses of defence, including but not limited to all legal fees, resulting directly or indirectly from your use of the System, unless such claims, damages, losses, liabilities, costs and expenses arise from and have directly and solely been caused by the gross negligence or intentionally wrongful acts on our part.

10.8 The Sites contain links to third party web sites. These links are provided solely as a convenience to you and not as any endorsement by us of the contents on such third-party web sites. We not responsible for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such third-party web sites.

10.9 If you decide to access linked third-party web sites, you do so at your own risk. If you access the System from outside of the United Kingdom, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the laws of England and jurisdiction for any claims arising under this Agreement shall lie exclusively with the English courts.

10.10 You acknowledge that all statements made on the Sites and in the Materials as to the neuroscientific research which supports PRISM are made in good faith on the basis of the findings of published, peer-reviewed, scientific journals and books relating to neuroscience and brain related texts and articles at the time of publication. You further acknowledge that no responsibility for any errors or omissions, or loss or damage suffered by any person acting, or refraining from acting, as a result of the material in this publication, can be accepted by the Operator or the Owner.

11. GENERAL

11.1 No delay, neglect or forbearance on the part of the Operator in enforcing any of these Terms and Conditions will be or be deemed to be a waiver or in any way prejudice any right of Owner or Operator.

11.2 If any of these Terms and Conditions is, for any reason, held to be unenforceable, illegal or otherwise invalid in any way, the unenforceable, illegal or invalid provision will not affect any other.

11.3 These Terms and Conditions are governed by English law and you hereby agree that the place of performance of the contract will be England.

11.4 No addition to or modification of any provision of these Terms and Conditions will be binding on the Operator unless made in writing and signed by its duly authorised representative.

12. FURTHER INFORMATION

12.1 If you wish to raise any query regarding this Site, please contact: Tiffany@pbma.com.au