General information
The Assessment Centre (TAC) is an independent provider of psychological assessments and resources. TAC uses an online testing platform to provide mental health professionals with assessment tools. Using TAC, Qualified Users can remotely test clients, test clients in an office setting using online assessments, and generate reports on responses gathered from remotely located clients using the TAC web-based resources.
By registering an Account to use TAC as a TAC customer (a "TAC Customer") and providing your email address, you consent to receive e-mail, including commercial electronic mail messages, from TAC to the e-mail address provided, unless you expressly revoke your consent in writing or by e-mail.
Terms of use
Entity or organization use
All TAC Customers affiliated with or employed by an entity, group, business, or organization of any kind (an "Organization") must agree to the following:
- You represent and warrant that you have the authority to legally bind the Organization to these Terms;
- You acknowledge and agree that both you and the Organization are jointly and severally bound by these Terms;
- The term "Account Manager" shall mean you as the individual registering the account of behalf of the Organization; and
- All references in these Terms to "TAC Customer" or "you" will include both you and the Organization.
Individual use
TAC Customers who are not affiliated with or employed by an Organization must agree to the following:
- You warrant and represent that you are not employed by or affiliated with or otherwise acting on behalf of any Organization of any kind;
- You acknowledge and agree that these Terms are binding on you in your individual capacity; and
- References in these Terms to "TAC Customer" or "you" shall mean you in your individual capacity.
TAC Customer responsibilities
You assume full responsibility for all use of TAC under your Account including, if applicable, use by others within your Organization. You agree that any person who accesses, uses, or misuses TAC under your Account does so on your behalf and that you are responsible for all such activity under your Account, including, without limitation, any activity in violation of these Terms.
You acknowledge and agree that you are responsible for ensuring that all access and use of the TAC Materials under your Account complies with all of the Terms, including the restrictions and requirements that follow. You agree to follow all reasonable instructions of TAC in the use of the TAC Materials.
Qualifications
You warrant and agree that any individual who accesses or uses any TAC Materials (including the TAC platform) under your Account:
- Will be at least 18 years old or older than the legal age of majority in the relevant jurisdiction; and
- Will possess the training, education, and expertise appropriate to use the relevant TAC test acquired through TAC.
You agree not to allow anyone to access or use the TAC materials or to conduct or interpret the results of any TAC assessment who has not had appropriate training.
Remote testing restrictions
Remote testing of adolescents and children aged 13 years and younger is prohibited. Assessment instruments may be administered to adolescents and children aged 13 years and younger only within your physical presence or that of another Qualified User in the Organization.
Connectivity
TAC will reasonably endeavor to ensure that TAC is available at all times but does not guarantee 24/7 uptime. You agree and acknowledge that TAC will function as intended only where you maintain a sufficiently fast and reliable Internet connection and use a browser environment that complies with any TAC guidelines.
Privacy and security
You are solely and exclusively responsible for implementing and communicating reasonable and appropriate privacy policies with respect to your clients.
You agree to submit reasonable and appropriate documentation as requested by TAC to change critical security-related Account information for TAC access and use.
You acknowledge and agree that you are solely and exclusively responsible for implementing and applying reasonable safeguards to protect the security of your Account, including maintaining the privacy of your password ("Password") and not sharing it with others and modifying or requesting modification of your Password when necessary; for example, if an authorized user leaves your employ or Organization. TAC does not have access to Passwords, and, if you lose or forget your Password, you will have to create a new unique Password.
You are responsible for all activities under your Account, and you accept all risks for any unauthorized use of the Account. You agree to notify TAC immediately if you suspect that a Password or an Account has been compromised or breached to enable TAC in its discretion to investigate the circumstances and take such further action as required by law or as TAC in its discretion deems appropriate.
Data retention and backup
You agree and acknowledge that you are solely and exclusively responsible for backing up and maintaining backups of your data submitted to or generated by TAC, including client records, reports, and assessment results, and that you will not to rely on TAC for storage of such data or records.
TAC reserves the right to delete a TAC Account, including all associated client records and data, after a period of 36 months of inactivity on the Account.
Prohibited uses
You agree to comply with all applicable laws governing your use of TAC Materials, including the TAC platform and any products or services provided by or made available through TAC, and not to use any TAC Materials for unlawful purposes.
You agree not to access or attempt to access the TAC Materials other than through the uniform resource locator ("URL") supplied by TAC and not to access any API providing access to the TAC Materials except where such API access has been explicitly granted by TAC and subject to the interface specifications supplied by TAC.
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of TAC or any activity being conducted on TAC or take any actions that otherwise may cause damage to TAC.
Indemnity obligation
You agree to indemnify, protect, save, and hold harmless TAC and its officers, directors, employees, agents, representatives, and contractors (collectively, "TAC Indemnitees") from and against any loss, injury, damage, or expense (including, but not limited to, reasonable attorneys' fees) that arises out of or is related in any way to your use of TAC or the use of TAC under your Account by any employee or other individual under your control and/or supervision, including any such use in violation of these Terms, and including claims by third parties.
Proprietary rights
The TAC platform and its content (including, but not limited to, all site design; text; data; interfaces; logos; button icons; legends; images; photographs; music; audio and/or video clips; titles; page headers; graphics; software; and the selection, arrangement, coordination, enhancement, and presentation of said elements) is the proprietary property of TAC or its licensors or suppliers and is protected as to copyrights, trade dress, trademarks, and/or other intellectual property under United States law, or foreign law, or both.
TAC grants you a limited, nonexclusive, and revocable license ("License") to use (and, if applicable, to permit employees or individuals acting on your behalf and under your control and/or supervision to use) TAC and its tools to conduct assessments based on the tests acquired for use. This License does not authorize you to copy, reproduce, distribute, publish, transmit, modify, display, or create derivative or collective works from, or exploit any assessment tools, scores, results, information, or other content contained within or available on or through TAC for any purpose.
Reservation of rights
Except for the limited License described above, you do not acquire any right, title, or interest in or to any intellectual property in TAC or any assessment tools, information or other content contained within or available on or through TAC. All rights not expressly granted to you by these Terms are reserved by TAC. Any access or use of TAC except as expressly granted by these Terms is prohibited and may result in legal action.
Electronic medical records
Electronic medical record (EMR)/electronic health record (EHR) technology and digital storage of records is increasingly used in health care practice. TAC's policy with respect to the inclusion of such items within an EMR/EHR, or in an electronic storage format, is the following.
Each TAC Customer or Qualified User who uses a digital storage method is charged with applying and employing the same safeguards that one would use with sensitive paper files and ensuring that additional security measures are in place to protect electronically stored records to reduce the threat of unauthorized access.
Modification or termination
TAC reserves the right, in its sole and absolute discretion at any time and without notice, (a) to suspend or terminate access to TAC or any Accounts or registrations for any or no reason and (b) to modify (in whole or in part) TAC, any products or services provided or available on TAC, and their respective features and functionality. TAC will not be liable to you or any third party for any modification, suspension, or termination of access to TAC or other TAC Materials or for loss of related information or other content.
Limitations on liability
You use TAC at your own risk. TAC is provided "as is," "with all faults," and without warranty of any kind. Except and to the extent required by law, TAC does not represent, warrant, or guarantee that (a) any TAC Materials or any content available on or through TAC will be reliable, available, timely, error-free, uninterrupted, accurate, complete, or suitable for any purpose or otherwise meet your requirements or expectations and (b) that any defects or errors will be corrected even if TAC is aware of them.
Without limiting the generality of the foregoing and to the maximum extent permitted by law, TAC disclaims all warranties relating to any TAC Materials, whether express or implied, arising under statute, common law, custom, course of dealing, course of performance, usage of trade, or otherwise. This disclaimer includes, without limitation, all warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose, title, lack of viruses and non-infringement.
Last updated: 13 February 2023