Selector Limited

Terms and conditions

Selector Products are offered to you conditional on your acceptance without modification of the terms and conditions of use contained in this agreement (“Agreement”).

This Agreement creates a legally binding relationship between you the user (“User”) and Selector Limited at Auckland, New Zealand (“Selector”), that has the exclusive world-wide rights to the intellectual property in respect of the Selector programs contained herein that includes computer software, instructions and explanatory material (“Selector Products”).

Selector Products include but are not limited to Selector Assessment Manager (SAM), Selector Insight, Selector Professional, Selector CareerStep, Selector Resilience, Selector Graduate, Selector Retail, Selector Insight Interview, Selector Overlays and associated materials.

Upon ordering or making payment for a Selector Product, and with the User’s acknowledgment and acceptance of this Agreement, the Selector Product will be licensed to the User; not sold.

THE USER HEREBY AGREES WITH SELECTOR THAT:

1. Modification of these Terms of Use

Selector reserves the right to change the terms and conditions under which Selector Products are offered including but not limited to the fees associated with the use of Selector Products.

2. Reservation of Rights

Selector reserves all rights not expressly granted to you as the User of Selector Products.

Selector has no obligation to monitor the results files generated by your use of Selector Products. Selector reserves the right to remove any such results files from its database at its sole discretion.

Selector reserves the right at all times to disclose any information as is necessary to comply or satisfy any applicable law, regulation, legal process or governmental request.

3. Prohibition

You may not modify or adapt Selector Products or create derivative works based on or contained in Selector Products or any associated written material accompanying or produced by Selector Products.

You may not reverse engineer, decompile or disassemble Selector Products or any associated written material accompanying or produced by it.

4. Assumption of Responsibility

You assume all responsibilities and obligations, both statutory and contractual as they apply in your country of residence, with respect to the use of Selector Products and the use of any information derived either directly or indirectly from them and for any decisions or advice given as a result of the use of Selector Products or any applications of the information provided through their use.

5. Privacy

Subject to the disclosure requirement contained in clause 2 of this Agreement, Selector’s obligations to you with respect to your privacy are covered by our privacy policy, which forms part of this agreement.

6. No Warranties

Selector makes no representations or warranties, express or implied, with respect to Selector Products, their medium, any written material accompanying them, or produced by them, their use, suitability, reliability, accuracy, performance or results, its merchantability, or fitness for a particular purpose, title and non-infringement.

7. Liability Disclaimer

The information contained in the written report generated from Selector Products should not be used or relied upon as the sole determiner where the your report is being considered for the purposes of employment or other career or vocational assessment.

The User should consult a qualified Psychologist or Human Resources adviser in the event of the User having any queries concerning the content of the report or its interpretation.

In no event shall Selector be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, profits earnings, or lost opportunities, arising out of or in any way connected with the use or performance of Selector Products whether based on contract, tort, negligence, strict liability or otherwise even if Selector has been advised of the possibility of damages.

8. Payment

Liability for payment is incurred once a Selector Product is started by the respondent or when Selector Products have been purchased in bulk. Failure by a respondent to complete a Selector Product does not waive the liability for payment.

The User accepts liability for payment for any Selector Products ordered by its staff who have purchased the Selector Product on behalf of the User. It is the User’s responsibility to ensure that access to ordering Selector Products is restricted to authorised personnel and that those staff comply with the User’s internal procedures. Failure to comply with those procedures is not a waiver of liability.

Where Selector has agreed to supply Selector Products on credit, to approved Users, payment is due on the 20th of the month following the date of invoice.

Ordering of, or payment for, Selector Products is acknowledgement and acceptance of this Agreement by the User.

9. Non-payment

If the User defaults in payment of any invoice when due, the User agrees to pay all costs and disbursements incurred by Selector in pursuing the debt including any legal or collection agency costs. Interest on overdue or unpaid invoices shall accrue from the date when payment becomes due until the date payment is received in full at a ruling bank overdraft interest rate.

10. General

This Agreement is governed by the laws of New Zealand. The User hereby consents to the exclusive jurisdiction and venue of the courts in Auckland, New Zealand in all disputes arising out of or relating to the use of Selector Products. Use of Selector Products is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

The User agrees that no joint venture, partnership, employment, or agency relationship exists between the User and Selector.

Neither party shall be liable for any default due to any act of god, war, terrorism, fire, flood, drought, storm or other event beyond the reasonable control of either party.

The failure of Selector to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Selector’s right to subsequently enforce that provision.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to the applicable law including, but not limited to, the warranty disclaimers and no liability limitation set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

This Agreement constitutes the entire agreement between the User and Selector with respect to Selector Products and it supersedes all prior or contemporaneous communications, whether electronic, oral or written, between the User and Selector with respect of the use of Selector Products.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Selector Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

Copyright © Selector Limited 2017; Building D, 43 Apollo Drive, Rosedale, Auckland, New Zealand.

Trademark. Selector Products are either a trademark or registered trademark of Selector Limited at the above address.

12. Acceptance of Terms and Conditions

Your use of Selector Products constitutes your acceptance of all the terms and conditions of use contained in this Agreement.