These terms and conditions (“Terms of Service”) govern your use of the ReadyMind software application (“Service”) and any other services of ReadyMind Pty. Ltd. (the company behind the software). Please read them carefully. Last updated 31st May 2023.
For information about our Privacy Policy and Data Security, please see here.
Some services may be subject to additional conditions posted on the ReadyMind website or provided to you when you sign-up for the service.
Company Information
ReadyMind Pty Ltd
Victoria, Australia
ABN: 99 668 219 010
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Our Service
This Service is provided by ReadyMind Pty Ltd on an “as is” and “as available” basis. You expressly agree that your use of this Service is at your sole risk. ReadyMind Pty Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Our Service consists of software that is a delivery tool for psychometric tests. Our service should be considered as a delivery tool and scoring calculator. Our administration or scoring method may not be copied. Existing psychometrics tests which are the intellectual property of third parties are owned by those third parties.
The Service attempts to be as accurate as possible. However, ReadyMind Pty Ltd does not warrant that product descriptions or other content of this site as accurate, complete, reliable, current, or error-free. The psychometric material that we employ is interpreted as accurately as we can, however we encourage our users to independently investigate the psychometric merits of each assessment and ensure it is suitable for their purpose.
Electronic Communications
If you sign up as a user of ReadyMind, we take this as your consent for us to communicate with you electronically, via email, through the software or via phone. From time to time you may receive emails for research purposes. We may also send you communications about upgrades to the Service or other products and services that may be of interest to you. You can contact us at any time to let us know that you no longer want to receive these correspondents from us.
Service Timeframe
Each purchase of the Service is time limited at the discretion of ReadyMind Pty Ltd. Users of the Service do not have a perpetual licence. ReadyMind reserves the right to revoke the Service.
Acceptable Use and Conduct
ReadyMind Pty Ltd. grants users use of this service in a bona fide cosmetic setting. The user of this service should have suitable qualifications. This could include, but is not limited to the following professions: medical, nursing, dermal, dentists, psychologists. Individuals who are currently enrolled in postgraduate study in one of these fields; or those who are under supervision one of the above professionals, are also suitable users.
The particular Service you purchase may limit the number of users who may use the Service. Typically this is one user per account, unless specified in writing elsewhere. You must not allow any additional users to use the Service. ReadyMind Pty Ltd has the right to audit your use of the Service. This is at its own cost and upon giving you reasonable notice, to determine whether your use is in accordance with these Terms of Service and any other terms that apply to the Service. If an audit reveals that you have exceeded the scope of use permitted, ReadyMind Pty Ltd. may require you to immediately pay an additional service fee for such use.
In some circumstances ReadyMind Pty Ltd may offer free accounts to some users, with time limits or other limitations. These free accounts may be terminated and users may be required to upgrade to a paid subscription for continued use. In circumstances where a user is granted a free account, there will only be one free account per individual and/or organisation. ReadyMind Pty Ltd may conduct audit of user accounts and if it is found that more than one free account exists for a user or there is more than one free account activated within the same organisation (i.e. practice, university, health service), ReadyMind Pty Ltd will deactivate these free accounts and may require users to upgrade to paid subscriptions.
The Service, including any software that forms part of the Service, is made available to you, your company, and/or your staff only for your personal use or business purposes, and as such; use must comply with all applicable laws, rules and regulations, including and without limitation to privacy laws, and must not infringe or violate third party rights. This Service precludes downloading or copying information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use terminates the permission to use the service.
Fees
A valid credit card is required for payments. Credit card security is implemented using HTTPS(256-bit encryption) on all transactions. Credit card details are not stored within the application. Your credit card details are stored at a trusted and secure payment gateway (Stripe) used by the Service for payment processing.
When upgrading or downgrading your plan, you will be pro-rata credited for the remainder of your current plan. You will then be charged at the rate of the new plan until your billing date. You will have the changed plan limits applied immediately. If this adjustment causes your account to be credited, this will be applied to your subscription and used for future payments. We do not provide refunds for these amounts.
All fees stated are exclusive of taxes, levies or duties imposed by the tax authorities. If your company is liable to pay GST, you will be responsible for paying GST on top of the subscription fees.
All fees related to the Service, including but not limited to the monthly or annual subscription plan fees, are subject to change upon 30 days notice from us. Such notice may be provided at any time by updates to the ReadyMind website (www.ReadyMind.com.au), notices within the Service itself, or by email correspondence.
If you have any questions about charges made to your account, please contact us immediately. If there are charges made in error, we will credit your account or credit card account for the appropriate amount.
All monthly subscription fees must be paid monthly in advance, and annual subscription must be paid annually in advance.
Cancellation and Termination
The users are solely responsible for the cancellation of their account. Cancellation of the account can be made at any time through the settings/subscription area of the application.
We recommend you use the export functionality of the Service prior to cancellation to retain any information you may require. All of your data may be deleted 90 days after termination of your account.
Cancelling your subscription may cause the loss of access, content or features of the Service. ReadyMind Pty Ltd. does not accept any liability for such loss.
Failure to pay subscription fees will result in the account being suspended. Accounts are suspended for a maximum of 90 days before the account may be terminated by ReadyMind Pty Ltd. We are not responsible for any loss you suffer as a result of such suspension or termination. A suspended account can be reactivated by supplying valid payment credentials and resuming the subscription.
For users on a monthly subscription, if cancellation is made on the account before the end of the currently paid month, the Service will end immediately and you will not be charged again. The account user will not be entitled to a refund.
For plans that are invoiced on an annual basis, if a request for a refund is made, ReadyMind Pty Ltd. will refund 11 months of the annual subscription fee, or 90% of your remaining term, whichever is less. These funds will be returned to the user via the existing payment method selected on the Service portal. If a user chooses to reactivate their subscription within a year of cancellation ReadyMind Pty Ltd. will offer a discount, using the account credits available from your cancelled subscription (up to 10% discount if the user requested a refund, or up to 100% discount if a previous refund request was not completed).
ReadyMind Pty Ltd. in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason, at any such time. Such termination can result in the deactivation or deletion of your account. ReadyMind Pty Ltd. reserves the right to refuse service to anyone for any reason at any time.
You may have statutory rights
Certain legislation, including the Competition and Consumer Act 2010 (Cth) may impose consumer guarantees or implied rights which cannot be excluded, restricted or modified except to a limited extent (“Statutory Rights”). These Terms of Service must be read subject to your Statutory Rights. If Statutory Rights apply, to the extent to which ReadyMind Pty Ltd. is able to do so, its liability under those provisions will be limited, at its option, in the case of services to (a) the supplying of the services again or (b) the payment of the cost of having the services supplied again and, in the case of goods to (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of the goods; (c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (d) the payment of the cost of having the goods repaired.
No Warranties or Representations
You understand and agree that the Service is provided “as is” and, to the extent permitted by law, ReadyMind Pty Ltd. and its suppliers expressly disclaim all warranties or representations of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on ReadyMind Pty. Ltd.’s servers. ReadyMind Pty. Ltd. and its suppliers make no warranty or representation that your use of the Service will be uninterrupted or error-free or regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet your requirements.
ReadyMind Pty. Ltd. is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
You warrant that you have all rights, licences, authorisations and consents required to use the Service, including without limitation in respect of your data. You agree to indemnify, defend, and hold harmless ReadyMind Pty Ltd., its directors, officers, agents and suppliers from any and all loss, cost, liability, and expense arising from or related to your data or use by you or your employees, contractors or agents of the Service or violation of these Terms of Service.
ReadyMind Pty Ltd. will endeavour to make the Service available 24 hours a day, seven days a week. However, you acknowledge and agree that the Service may occasionally be unavailable during periods of planned or unscheduled maintenance and, at times, unexpected outages. ReadyMind Pty Ltd. may perform unscheduled maintenance at any time, but will only do so if deemed necessary.
Limitation of Liability without limiting your Statutory Rights
Use of the Service is at your sole risk. You will be solely responsible for any damage to you resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with you.
If there is any loss or damage to your data, your sole and exclusive remedy will be for ReadyMind Pty Ltd. to use reasonable commercial endeavours to restore the lost or damaged data from the latest back-up of such data maintained by ReadyMind Pty Ltd.
In no event shall ReadyMind Pty Ltd. be liable for any indirect, special, incidental, consequential or punitive damages, loss of use, loss of profits, revenue, interest or business or loss or corruption of data, whether in an action in contract, tort (including but not limited to negligence), equity or otherwise in connection with the Service or any other service provided by ReadyMind Pty Ltd.
Trade marks
ReadyMind’s trademarks and trade dress may not be used in connection with any product or service that is not ReadyMind’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits ReadyMind Pty Ltd. All other trademarks or copyrighted material not owned by ReadyMind Pty Ltd that appear on this site or in our Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ReadyMind Pty Ltd.
Responsibility
Before using or relying on the psychometric assessments administered by the Service, it is the responsibility of the user to ascertain their suitability for any and all uses made by the user. The Service is not a diagnostic tool and should not be used as such. The Service is not a substitute for an independent professional evaluation. Any and all reliance on the psychometric assessments by the User is the user’s sole risk and is the User’s sole responsibility. The User indemnifies ReadyMind Pty Ltd. and it’s officers, directors, employees against, and holds them harmless from, any and all claims and lawsuits arising from or relating to any use of or reliance on the psychometric assessments within the Service. This obligation to indemnify and hold harmless includes a promise to pay any and all judgments, damages, attorney’s fees, costs and expenses arising from any such claims or lawsuits.
Site Policies, Modification and Serviceability
We reserve the right to make changes to our Service, policies, and these Conditions of Service at any time. ReadyMind Pty Ltd. may modify the Service, or any other services, at any time, for any reason, and without notice. We also may modify these Terms of Service at any time but, if we do so, we will notify you of the modified Terms of Service and give you a reasonable period of time to notify us that you do not agree to the modified Terms of Service and cease using the service.
For information about our Privacy Policy and Data Security, please see here.
QUESTIONS:
Questions regarding our Conditions of Usage or other policy related material can be directed to our support staff by visiting ReadyMind.com.au or by contacting us.