Terms of Use
Effective Date: January 20, 2020
These Terms of Use (“Terms”) govern the use of the Implicitly® and Bias Tests platform (together, the “Implicitly Platform”or “Platform) Bias Test (bias-testing.com), administered by 2588232 Ontario Inc. (conducting business as TNT Justice Consulting and referred to in these Terms as “TNT”, “we”, “us”, “our”). The Platform was created by Shire Professional Chartered Psychologists (“Shire”), located at The Grooms' Quarters, Gally Knight Estate, Barker Hades Road, Nr Worksop, Nottinghamshire, Letwell, England, United Kingdom S81 8DG. All Platform data are hosted on servers owned and administered by Shire but located in Canada.
The terms “you” and “your” refer to the test takers who are end users of the Platform. These Terms should be read with our privacy policy. All capitalized terms not defined under these Terms have the meaning assigned to them by our privacy policy.
If there is a conflict between the privacy policy, the agreement we have with you, and these Terms, the agreement prevails over both, and these Terms prevail over the privacy policy.
PLEASE READ THESE TERMS CAREFULLY. By using the Platform, you understand and agree that the purpose of the Platform is to measure the strength of ‘people preferences’ (biases) while assessing the risk of those becoming biased behaviours. These tests are based on the Implicit Association Test developed for commercial use to measure the impact of biases on our behaviour.
Content
- Acceptance
- Acceptable Use of the Platform and Your Obligations
- Proprietary Right
- Electronic Consent
- Limitation of Liability and No Warranty
- Links to Other Third-Party Websites
- General Provisions
Acceptance
By accessing and using the Platform, you agree to comply with these Terms, our Privacy Policy, and all applicable laws, rules and regulations.
We reserve the right, at our sole discretion, to change these Terms from time to time, without incurring any liability or obligation, by posting the new version on the Platform. You may not change these Terms in any manner.
Please check this page of the website regularly. The Terms include our Privacy Policy. Please review the Privacy Policy to learn about our privacy practices. You accept the Terms and consent to contract with us electronically. The Platform is not directed or marketed to children. You may only use our Platform if you can form legally binding contracts under the applicable laws of your jurisdiction.
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS, AS AMENDED FROM TIME TO TIME. THESE TERMS ARE A LEGAL CONTRACT BETWEEN US AND YOU. IF YOU DO NOT AGREE TO THESE TERMS IN WHOLE OR IN PART, YOU ARE NOT PERMITTED TO USE OUR SERVICES.
Acceptable Use of the Platform and Your Obligations
TNT grants limited authorization to access and use the Platform, subject to the Terms. You agree that you shall only use the Platform in the ways authorized by TNT. By using this Platform, you agree that you shall not, and shall not facilitate or permit any third-party to:
- copy, duplicate, download, reproduce, transmit, encode, distribute, or exploit the Platform or any of our materials for any purpose whatsoever, including commercial purposes or for any criminal, malicious, harmful, dishonest or bad faith purposes;
- carry out any harmful or malicious acts against the Platform or its components such as introducing viruses, trojan horse, bots, botnets, malicious content, alter the Platform or data manipulation, denial of service of access to the Platform, or any other such harmful programs or files;
- modify or create any derivative work of the Platform, or any portion thereof;
- gain unauthorized access to any personal information;
- use meta tags or any other “hidden text” including TNT’s or our partner’s or affiliates’ product names or trademarks;
- access or search any part of the Platform by any means other than our publicly supported interfaces (i.e. “scraping”);
- build or support products or services in competition with the Platform, or access the Platform to build a product using similar ideas, features, functions, interface or graphics of the Platform;
- except as expressly permitted by us: scrape, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of the Platform; or attempt to circumvent any of our security measures;
- remove, obscure, or alter any copyright, logo, trademark, or other legal notices displayed in or along with our Platform, or otherwise use any part of the Platform in a manner that creates the impression that the Platform belongs to you.
Proprietary Rights
All rights, title, and interest in and to the contents of the Platform are owned by Shire. Title and intellectual property rights to any third-party license, whether displayed by or accessed through the Platform, belong to the respective content owner or third-party provider.
Electronic Consent
When you provide your personal information, visit the website, or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices through the Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
In connection with your use of the Platform, we may send you electronic messages. These electronic messages may be sent for various reasons, including to notify you of new or future product releases, to convey security information, or to convey changes to our privacy policy and/or Terms.
Limitation of Liability and No Warranty
No warranty: You expressly understand and agree that no information or advice given by us, or posted on the Platform, or by any of our representatives or affiliates shall create a warranty. There are no representations, warranties or endorsements in respect of third-party services or referrals on or offered through the Platform.
Limitation of Liability: TNT excludes to the fullest extent permitted by applicable law all liability for any loss, expenses or damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of additional revenue or other consequential or economic losses, loss of goodwill, OR damage to data, opportunity or sales, or for any punitive, indirect, incidental special, consequential or exemplary damage or other INTAGIBLE losses), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE PLATFORM, INCLUDING DAMAGES CAUSED BY MALWARE, VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF ANY CONTENT YOU MAY ACCESS;
- THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES;
- UNAUTHORIZED ACCESS TO, LOSS, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA SUBMITTED TO OR RECEIVED FROM THE SERVICE; OR
- ANY OTHER MATTER RELATING TO THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE, RELEASE AND DISCHARGE US FROM ANY AND ALL LEGAL CLAIMS, DEMANDS, DAMAGES, ACTIONS OR CAUSES OF ACTION IN RESPECT OF THE FOREGOING.
WITHOUT PREJUDICE TO THE FOREGOING, AND INSOFAR AS ALLOWED UNDER APPLICABLE LAW, THE AGGREGATE LIABILITY OF TNT TO YOU IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE PLATFORM SHALL IN NO EVENT EXCEED $100.00 (Canadian currency).
NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY TO YOU TO THE EXTENT THAT, BY APPLICABLE LAW, SUCH LIABILITY MAY NOT BE SO LIMITED OR EXCLUDED.
Links to Other Third-Party Websites
The Platform may contain links to other independent third-party Websites (“Linked Websites”). These Linked Websites are provided solely as a convenience to our visitors. Such Linked Websites are not under our control. We are not responsible for and do not endorse the content of such Linked Websites, including any information or materials contained on such Linked Websites. You must make your own independent judgment regarding your interaction with these Linked Websites.
General Provisions
These Terms begin when you first access the Platform and continue so long as you use the Platform or have an account with us, whichever is longer. We may terminate the Terms at any time by providing ten (10) days’ written notice, and applicable users may terminate at any time by deleting their accounts.
This section shall survive the termination or expiry of these Terms of Use. You agree these Terms shall be interpreted in accordance with the laws of the province of Ontario, and any action, suit or proceeding relating to these Terms may be brought in the appropriate court located in Toronto, Ontario, Canada.
Notices: If you have any questions about these terms of use, please contact us [email protected]