- In these Terms and Conditions of Sale
We, us and our means The Myers-Briggs Company Pte. Ltd. (UEN: 200809153E)
Materials means all products (including instruments) sold or licensed by us, including both Restricted Materials and Non-Restricted Materials;
Non-Restricted Materials means any product sold or licensed by us which is not Restricted Material;
Purchaser and you means the person or organization identified in the order form or contract who has contracted to purchase Materials, for certification or for consultation from us;
Registered User means the named individual instrument user identified in the order form, who is either the Purchaser or is employed by or otherwise contracted to the Purchaser; and
Respondents means those individuals who complete an assessment, questionnaire, or instrument at the request of a Registered User.
Restricted Materials means any psychometric instruments or materials (including, without limitation: questionnaire booklets, scoring keys and weights, answer sheets and profile sheets) referred to in the order form which are identified as restricted in the current edition of our Training & Product Guide, on our website, in our other sales literature, or on the instruments or materials themselves, or any other materials which require the completion of a certification program before a person may purchase or administer such materials.
- These Terms and Conditions of Sale are the only terms and conditions upon which we will supply you with Materials and upon which they may be used.
- These Terms and Conditions of Sale shall be interpreted and governed by the laws of Singapore.
User Qualifications and Restrictions on Sale
- We uphold the guidelines on the sale of Restricted Materials established by the publishers we represent. The psychometric instruments offered for sale by us have been classified in terms of the professional training required for their use.
- In order to use Restricted Materials and to obtain these Materials from us, the Purchaser must name on the order form a Registered User who is qualified to use Restricted Materials and has registered with us in accordance with our registration procedures. Qualified users are those users who have attended and successfully completed our approved qualification or certification program in the relevant instrument(s).
- You acknowledge that individuals only, and not organizations, can become qualified and registered users of Restricted Materials. Restricted Materials purchased by the Purchaser may only be used by the Registered User and by no other person and must at all times remain in the possession and under the control of the Registered User.
- Restricted Materials must be used in compliance with our current Guidelines for Ethical Use of Instruments and Questionnaires (“Guidelines”). These Guidelines may be changed from time to time to reflect the most recently accepted practices. We reserve the right to refuse to supply Restricted Materials if the Purchaser or the Registered User fails to comply with these Guidelines. This is in addition to our right to terminate our contract with the Purchaser in the event of breach of this or any other provision of these Terms and Conditions of Sale.
Administration and Feedback, Use of Data (including for research)
- The requirements for giving feedback on individual results to Respondents may be waived where data is being gathered for research purposes only, provided such research has been pre-approved in writing by The Myers-Briggs Company Pte. Ltd. (or The Myers-Briggs Company’s licensors, as the case may be). In situations where the requirement to provide feedback has been waived, Respondents should be informed in advance that they will not receive feedback. However, researchers are encouraged to provide feedback if an individual requests it.
- If the questionnaire or instrument is being used in a research context such as to establish its reliability or validity, the experimental nature of its use should be clearly communicated to Respondents.
- Questionnaire or instrument data acquired within an organisational context should not be used for selection or to determine an individual’s career development or promotion.
- Data acquired for one purpose (for example, team building) should not be used for another purpose without the Respondent’s knowledge and consent.
- Any order that the Purchaser makes for Materials must be in writing and, if the order is for Restricted Materials, must include the name of the Registered User. Any orders for Restricted Materials that we choose to accept by telephone may be refused if the delivery address is not that relating to a Registered User.
Invitation to Treat Only
- Items displayed on our website and in brochures constitute an invitation to treat. No information on our website or in its brochures constitute, or should be deemed as, an offer by us to supply any items. If an item you request is unavailable, we will inform you. We are not obliged to supply any items and we are not liable if an item is not in stock or is no longer available.
Computer Scored Reports
- When we are requested to provide a computer-scored report, the following terms apply:
- in preparing the reports, while we will exercise reasonable efforts in ensuring the completeness and accuracy of the report, we make no warranty that any report will be complete and accurate;
- the Purchaser indemnifies us and our licensors, and agrees to defend us all and hold us all harmless, from any and all losses, claims, liabilities, damages, expenses and costs, whether direct or indirect, with respect to any claims made by a third party against any of those indemnified in relation to the provision of the computer-scored reports.
- Prices are subject to change without notice. Please check for the latest price list on the website each time before ordering
- If there is an error in the price shown for an item on our website or in a brochure, we may cancel any orders placed for the item at the incorrect price, whether the order has been confirmed by us. If you have paid for the purchase before the order is cancelled, we will refund your payment.
- For all orders placed: All prices are specified in Singapore dollars and, unless otherwise stated, are subject to prevailing government tax & delivery fee
- For other international orders: All prices are specified in Singapore dollars, unless otherwise stated.
Delivery Charges and Packing:
- Delivery charges in Singapore will vary depending on the size of the order.
- For delivery outside of Singapore, delivery charges are S$80, or 10% of the invoice amount, whichever is higher.
- All materials and goods in transit in or outside Singapore shall be at the Purchaser’s risk.
- Prevailing taxes (including, without limitation: duty taxes, government taxes) incurred will be borne by the Purchaser.
Delivery of Report:
- We require 3 working days to send PDF reports (upon Respondent’s completion of the assessment, and/or all relevant related documents and full payment).
- We shall not be responsible for delays in report generation or other delays in our performance under this Agreement that are the result of circumstances outside of our control, including (without limitation): acts of God, acts of government, fires, explosions, earthquakes, drought, floods, war, rebellion, revolution, insurrection, terrorism, internet disruptions, riots, strikes, Respondent’s failure to complete assessments on time, and incomplete or inaccurate payment or order information.
- It is Purchaser’s responsibility to ensure that Respondents for whom you are requesting reports complete the assessments at least 5 working days prior to due date.
- Reports are sent in PDF format only to duly certified or duly qualified Registered Users.
- Printing and binding of hardcopy reports require additional fees.
Delivery of Material/s
- Material/s will be dispatched within 2 working days upon receiving confirmation and payment.
- Hard copy reports will be dispatched within 4 working days (upon the last Respondent’s date of completion).
- Item(s) you request may sometimes not be available immediately; we will inform you and deliver the item(s) to you as soon as practicable when they become available.
Claims for Damage or Discrepancies
- Any claims for non-delivery of, damage to, or discrepancies in, dispatched Materials shall be made in writing and brought to our attention by email to Customer Service team quoting the Purchaser’s name and invoice number and a description of the alleged damage or discrepancies:
- within 3 days of receipt of consignment for damage or discrepancies between Materials ordered and Materials received; and
- within 21 days of the order date for non-delivery.
- We shall have the right and sole discretion to amend or alter the modes of payment.
- Cheque Payment:
- Payments made via cheque can be done using Local Singapore Dollar (SGD) or Local US Dollar (USD) cheques.
- The cheque should be made payable to: The Myers-Briggs Company Pte. Ltd.
- Credit Card Payment:
- Payments can be made via American Express™, Visa or Master credit cards.
- Bank Transfer Payment:
- Payments can also be made via bank/telegraphic transfers, Purchaser to incur all bank charges.
No Cancellation After Acceptance
- Once we have accepted your order, no cancellation or amendment is allowed.
Returns for refund or credit
- All Materials sold are non-exchangeable and non-refundable.
Ownership of Goods
- It is a condition of sale that ownership of goods will not transfer to the buyer until full payment is received by us. If payment is not received before the deadline(s) specified by us, we may repossess any goods that have not been paid for.
Certification Programs, Consulting Work and Workshops
- Details of the design and content of Certification Programs and workshops and the prices of instruments are subject to change without prior notice.
- We reserve the right to cancel/postpone/reschedule a Certification Program or workshop for any reason at our sole discretion. We will confirm programs two weeks prior to commencement. Purchaser shall not make travel and accommodation arrangements prior to receiving confirmation from The Myers-Briggs Company Pte. Ltd.
- A non-refundable deposit of at least 30% is required with your registration for a Certification Program or workshop.
- Full payment is required 1 week prior to the commencement of the Certification Program or workshop, unless we otherwise agree in writing. Purchaser who fails to pay in full as aforesaid shall be deemed to have withdrawn from the Certification Program or workshop, and the 30% deposit shall be forfeited.
- In order to be a fully qualified and accredited administer of the respective Instrument, individuals are required to:
- Attend the Certification Program and must be present throughout the program.
- Complete and submit homework / assignments during the program
- Pass all the exams during the program
- Participate in the exercises and the debriefs of the reports
- No refunds will be given for any Certification Program /workshop for any reason whatsoever, regardless of circumstances. If you are unable to attend a Certification Program / workshops for which you have registered, you may: (i) designate another individual to take your place (provided that individual meets the course pre-requisite requirements, and provided you give us at least 14 days written notice of the change); or (ii) you may with our agreement – transfer to a later Certification Program or workshop (in which case a transfer fee applies as set out below).
- Purchasers who wish to transfer to another Certification Program or workshop shall give prior written request for our agreement that they wish to do so,and will be charged a transfer fee of S$100. A maximum of 3 transfers per enrolment for a particular Certification Program or workshop may be made. After 3 transfers, the fees will be forfeited.
- For any changes or cancellation of dates within less than 2 weeks before consulting work program, full consultation fees and MBTI reports cost to be borne by client.
- We reserve the right to appoint another trainer/consultant for certification programs/workshops for any reason at our sole discretion without prior notice.
- Participants and Purchasers shall not make any video, visual, photographic, audio, or other recording of any certification program/workshop session or part thereof without the written consent of The Myers-Briggs Company Pte. Ltd. All such recordings made without our written consent shall be deemed to be the property of The Myers-Briggs Company Pte. Ltd.
Limitations and Exclusions
- To the extent permitted by law and unless otherwise provided in these Terms and Conditions of Sale, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied by custom, under the general law or by statute are expressly excluded under these Terms and Conditions of Sale.
- To the extent permitted by law and unless otherwise provided in these Terms and Conditions of Sale, our liability to you arising directly or indirectly under or in connection with these Terms and Conditions of Sale or the performance or non-performance of these Terms and Conditions of Sale and whether arising under any indemnity, statute, in tort (for negligence or otherwise), or on any other basis in law or equity is limited as follows:
- we exclude all liability for loss of revenue, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data, loss of anticipated savings or benefits, or any indirect, consequential or special loss, damage, cost or expense or other claims for consequential compensation, incurred by or awarded against you under or in any way connected with these Terms and Conditions of Sale or the provision of the Materials (even if The Myers-Briggs Company Pte. Ltd, its affiliates, agents or subcontractors have been advised of the possibility of such loss, damage, cost or expense); and
- our total aggregate liability under or in any way connected with these Terms and Conditions of Sale or the provision of the Materials is otherwise limited to the amounts paid by you to us under these Terms and Conditions during the twelve-month period preceding any eligible claim.
- In addition to your indemnification obligations under other clauses of this Agreement, you indemnify us against any liability, loss, harm, damage, cost or expense we may suffer or incur (including as a consequence of any claim made by a third party, and including legal costs and expenses on a full indemnity basis) arising from or in connection with your breach of these Terms and Conditions of Sale or your violation of any law or the rights of any third party (including intellectual property rights).
Changes to these Terms and Conditions of Sale
- We reserve the right to revise and amend these Terms and Conditions of Sale in our discretion as follows:
- if we consider that the change is likely to benefit you or have a neutral or minor detrimental impact on you, we may make any changes immediately without notifying you except by publishing the amended Terms and Conditions of Sale on our website;
- if we consider that the change is likely to have a significant detrimental impact on you, we will notify you of the change (solely by using the email address you have provided) and will display a notice on our website describing the change.
- Your continued use of the Materials after an amendment will mean that you agree to that amendment. You must immediately stop using the Materials and inform us in writing if you do not agree to an amendment.
Change of Address or Registered User
- If the address of the Purchaser or Registered User changes, you will inform us immediately.
- If a Registered User ceases to be employed or engaged by the Purchaser, or moves to a different section or department of the Purchaser, he or she may not take with him or her any Restricted Materials in his or her possession, but may pass them on to another Registered User employed by or otherwise contracted to the Purchaser who is qualified to use the relevant Restricted Materials, provided that the new Registered user notifies us in writing that he or she is willing to assume responsibility for the Restricted Materials. In such event, that person will become the Registered User. If there is no other person employed by or otherwise contracted to the Purchaser who is so qualified, we may (but is not obligated to) require the prompt return of any Restricted Materials to us, and we may (but is not obligated to) refund the price of any returned Restricted Materials that have not been used and are in unopened packs.
- All Materials supplied by us are protected by intellectual property rights (including trademarks, copyright, patents, trade secrets or design rights) and rights of confidence. The reproduction or distribution of these Materials in whole or in part, in any form (including in paper format, electronic format, as part of computer software or as a segment of an instrument battery) or misuse or their storage in a database or retrieval system, by any process, is prohibited except where expressly permitted by law or by licence. If you wish to modify or quote any Materials in research projects or other materials, you shall apply for our written permission. This section applies to any instrument/product/materials or section of an instrument, including but not limited to, for example:
- question booklets and all questionnaire items, whether singly or in a group;
- client reports or feedback forms;
- profile charts as they appear on report forms;
- software programs and accompanying documentation; and
- Certification Program and workshop materials, as well as all other quoted Materials found in manuals, brochures, books or our website.
- You acknowledge and agree that you are obtaining a non-exclusive, non-transferable, revocable license to use the Materials subject to these Terms and Conditions of Sale and any additional terms provided to you in relation to the Materials. We reserve the right to take prompt legal action against anyone who infringes our intellectual property rights or the intellectual property rights of our licensors. This includes (without limitation) reproducing copyrighted Materials in a computer medium.
- Intellectual property rights infringement of instrument Materials damages the professional standards and credibility of the instruments themselves and the individuals who are using them. Also, loss of revenue ultimately means that fewer resources can be devoted to the continued development of the instruments. We require all of our customers and assessment administrators and Respondents to cooperate by ensuring that no copyright or other intellectual property rights infringements occurs as a result of that person’s usage of the Materials.
Use of Materials
- Neither the Purchaser nor any Registered User may resell, rent, lend, lease, exchange, give, license, or otherwise dispose of Materials or part thereof to third parties or act as agent, distribution channel or stockist of Materials.
- Neither the Purchaser nor any Registered User may make use of data they collect by means of Materials to create products for commercial sale or other commercial exploitation.
Termination and Return of Materials
- Where you have breached any provision of these Terms and Conditions of Sale, and without prejudice to any of our other rights or remedies, we may by written notice immediately terminate these Terms and Conditions of Sale or the provision of any goods or services under them, without any liability to you, but your liability to us for your breach shall subsist notwithstanding the termination.
- Further, we may terminate these Terms and Conditions of Sale and the provision of any goods or services under them without cause by giving you 14 days’ prior written notice.
- If these Terms and Conditions of Sale are terminated for any reason, we shall have the right to require the prompt return of all Materials and may refuse to supply any Materials not yet supplied. In such event we will refund the price of any unused Materials that have not been used, are in unopened, original packaging, and are in resalable condition.
- Any indemnity or other term by its nature intended to survive termination or expiry of these Terms and Conditions of Sale survives termination of these Terms and Conditions of Sale.
- If any part of these Terms and Conditions of Sale is held to be invalid, illegal, or unenforceable, that part will be severed and the remaining parts of these Terms and Conditions of Sale will continue in force.
- A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.
- These Terms and Conditions of Sale do not create a relationship of employment, trust, agency or partnership between us.
These Terms and Conditions of Sale set out the entire agreement between us in relation to our supply to you of Materials.
If you have any questions regarding these Terms or the Site, please contact The Myers-Briggs Company Pte. Ltd. or write to us at:
The Myers-Briggs Company Pte. Ltd.
300 Beach Road, #29-03. The Concourse, Singapore 199555
Tel: +65 69141030