Copyright and Proprietary Rights
- This World Wide Website is the property of Psychologyware Limited and its licensors and is protected by relevant national copyright laws. All copyright, trademark, and other proprietary rights in the Website and in the software, text, graphics, design elements, audio, music and all other materials originated or used by Psychologyware Limited at its site (the "Psychologyware Limited Information") are reserved to Psychologyware Limited and its licensors. You may not reproduce, upload, post, transmit, download or distribute any part of the Psychologyware Limited Information or information accessed at other sites through links made at the Psychologyware Limited Site ("Other Sites") other than printing out or downloading portions of the text and images for your own personal, non-commercial use. You may not modify the Psychologyware Limited Site, Other Sites, or any material residing on such Sites. You shall observe copyright and other restrictions imposed by Other Sites. You may not use the Psychologyware Limited Site or Other Sites in any manner that infringes the rights of any person or entity. Domain names and trademarks of Other Sites, or contained in information accessed at Other Sites, are the sole property of their respective owners. No affiliation with, endorsement of, or sponsorship by Psychologyware Limited should be inferred.
- SPENCER is protected by various intellectual property laws, including copyright and trademark. Printing or reproducing copyright-protected materials or content, whether the reproductions are sold or furnished free for use, including reproduction of assessment items, scales, scoring algorithms, scored directions, published and credited papers or other content is strictly prohibited by law and by these terms and conditions. You acknowledge and agree that the use or disclosure of confidential information in a manner inconsistent with the provisions of this Policy may cause Psychologyware Limited irreparable damage for which remedies other than injunctive relief may be inadequate. Accordingly, you may request from a court of competent jurisdiction injunctive or other equitable relief seeking to restrain such use or disclosure as appropriate under the circumstances. You may seek a protective order safeguarding the confidentiality of assessment materials if you are required to produce such materials in court or administrative proceedings.
- Your purchase of a licence does not grant you a right to reproduce additional copies of materials or the content or enter content onto a computer medium, such as non-Psychologyware Limited scoring systems or software. However, if you licence and use Psychologyware Limited software, you may excerpt portions of the output reports, limited to the minimum text necessary to accurately describe the qualified user's significant core conclusions, for incorporation into a written evaluation of the individual, in accordance with your profession's citation standards, if any. You may not, under any circumstance, copy or reproduce the text or graphic image of any assessment item. No adaptations, translations, modifications, or special versions may be made without permission in writing from Psychologyware Limited.
Exclusions of Warranties
- No warranties of any kind are made with respect to the SPENCER site. Psychologyware Limited does not warrant that the Psychologyware Limited site will meet your requirements, will be accurate, or will be uninterrupted or error free. We expressly exclude and disclaim all express and implied warranties of merchantability and fitness for a particular purpose. We shall not be responsible for any damage or loss of any kind arising out of or related to your use of the Psychologyware Limited site, including without limitation data loss or corruption, regardless of whether such liability is based in tort, contract or otherwise.
Limitation of Liability
- Except where such limitation is prohibited by operation of law, in no event shall Psychologyware Limited or its employees, agents, licensors or contractors be liable for any incidental, consequential, punitive or multiple damages of any kind. Any liability shall be capped at the fees payable by you to Psychologyware Limited for use of this Site or purchase of any products or services from the Site.
Limitation of Claims
- Any action on any claim against Psychologyware Limited must be brought by the user within one (1) year following the date the claim first accrued, or shall be deemed waived.
Maintenance of Assessment Security and Data Protection
You agree to comply with the following basic principles of minimum assessment security:
- Assessment takers must not receive assessment answers before beginning the assessment.
- Assessment questions are not to be reproduced or paraphrased in any way.
- Access to assessment materials must be limited to qualified persons with a responsible, professional interest who agree to safeguard their use.
- Assessment materials and scores may be released only to persons qualified to interpret and use them properly.
- If an assessment taker or the parent of a minor child who has taken an assessment wishes to examine assessment responses or results, the parent or assessment taker may be permitted to review the assessment and the assessment answers in the presence of a representative of the school, college or institution that administered the assessment.
- Assessment materials must not be resold, re-licenced, transferred or otherwise redistributed for any purpose without prior written permission from Psychologyware Limited.
- All personal data processed by Psychologyware Limited in conjunction with these terms and conditions shall be processed in accordance with the Data Protection Act 1998 and other applicable laws.
- You agree to comply with the following basic principles of minimum assessment security:
Intellectual Property Rights Notice
- SPENCER is a trademark of Psychologyware Limited. All other trademarks, service marks, trade names and logos contained in this website belong to their respective owners.
- Psychologyware Limited and/or its suppliers, (as the case may be), retain all right, title, interest and intellectual property rights in and to the Materials and the Software. Nothing in these terms and conditions of use shall be construed as conferring by implication, estoppel or otherwise, any license or right under any copyright, patent, trade mark, database right, sui generis right or other intellectual property or proprietary interest of Psycholgyware Limited, its affiliates or any third party.
- SPENCER is not intended as a diagnostic tool and should not be used for the purposes of diagnostic assessment. SPENCER is not intended to replace therapeutic assessment or intervention that should be offered only by appropriately qualified health professionals. The evidence collected in order to complete the SPENCER assessment forms part of a young person’s educational record and may be subject to the standard policies and procedures for the sharing of information with regard to criminal activity or where the protection of a child or young person is required.
- SPENCER does not provide a diagnostic tool for any physical health difficulties and any physical health problems should be referred to an appropriately qualified medical practitioner through the school’s health resources or through the young person’s access to physical health services. SPENCER should only be used as a guide to inform concerns about a child’s safety in terms of their physical health, emotional and behavioural wellbeing, and their protection. It should not be used to determine whether a child is at risk of significant harm and should only act as a guide to support the user to access child protection procedures and policies relevant to the child or young person.
- SPENCER does not override the policies and procedures regarding the teaching, management or behavioural policy determined by the school in which the tool is used. The recommendations in SPENCER are based upon the clinical expertise and experience of a multi-disciplinary list of authors. The user is required to make reference to material that is specific to SPENCER and where reference is made to psychological evidence research, appropriate reference given to the authors acknowledged in the program.
- Your use of this website is at your own risk. You assume complete responsibility for, and all risk of loss resulting from, your downloading and/or using of, or referring to or relying on, materials, software, or any other information obtained from your use of this website. You agree that Psychologyware Limited and providers of telecommunications and network services to Psychologyware Limited will not be liable for damages arising out of your use or your inability to use this website, and you hereby waive any and all claims with respect thereto, and whether based on contract, tort or other grounds.
- This website is available to all users 'as is' without any representations or warranties of any kind, either express or implied. Psychologyware Limited makes no representations, warranties or undertakings that this website, or the server that makes it available, will be free from defects, including, but not limited to viruses or other harmful elements.
Psychologyware Limited accepts no liability for any infection by computer virus, bug, tampering, unauthorised access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond the control of Psychologyware Limited, which corrupts or affects the administration, security, fairness and integrity or proper conduct of any aspect of this website. There are certain inherent risks in using the Internet and the World Wide Web. Psychologyware Limited makes no representations, warranties or undertakings about: -
- Any of the Materials or Software on this website, including, without limitation, their accuracy, their completeness or their merchantability, quality or fitness for any particular purpose; or
- Any content of, or information on, any other website referred to or accessed by hypertext link through this website or from which this website is referred to or accessed by hypertext link ('third party site'). Psychologyware Limited does not endorse or approve the content of any third party site, nor will Psychologyware Limited have any liability in connection with any third party site (including but not limited to liability arising out of any allegation that the content of or information on any third party site infringes any law or the rights of any person or entity). No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any third party site, and any and all liability, which might arise out of, or in connection with, your use or reliance on the content of or information on, or the performance of, any third party site is excluded.
- Any content or information received on or via this website should not be relied on for important personal, financial or business decisions, and you should consult an appropriate professional for advice which is specifically tailored to your particular circumstances. You acknowledge and understand that Psychologyware Limited may have opinions from time to time with regard to any of the content of or information on this website which may be different from those obtained by using or accessing the content of and information on this website, and that Psychologyware Limited is not advising you in relation to the nature, potential, value or suitability of any particular asset or security, portfolio of assets or securities, transactions, investment strategy or other matter, and that no mention of a particular asset or security on this website constitutes a recommendation to buy, sell or hold that or any other asset or security. Content and information received via this website is supplied by sources believed to be reliable. However, calculations made using such data, and opinions expressed in relation to such data, are not guaranteed by these sources, Psychologyware Limited, or any other person or entity, and may not be complete.
- Psychologyware Limited reserves the right to change the content, presentation, performance, user facilities and availability of any part of this website at its sole discretion, including these terms and conditions of use, and you should check these terms and conditions of use regularly for any changes.
Limitation of Liability
- To the fullest extent permitted by applicable law, neither Psychologyware Limited nor any of its directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with your use of, or your inability to use, the Materials, Software and/or facilities or services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if Psychologyware Limited has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable.
Data Protection and Privacy Statement
- Psychologyware Limited respects your right to privacy. Visitors should be aware that each time they visit a website two general levels of information about their visit can be retained. The first level comprises statistical and other analytical information collected on an aggregate and non-individual specific basis of all browsers who visit the site, and the second is information that is personal or particular to a specific visitor who knowingly chooses to provide that information. Psychologyware Limited's policy is to respect and protect the privacy of our Customers and will never wilfully disclose individually identifiable information about its Customers to any third party without first receiving that Customer's permission.
- The statistical and analytical information provides us with general and not individually specific information about the number of people who visit this website. This includes information regarding the number of people who return to this site; the pages that they visit; where they were before they came to this site and the page in the site at which they exited. This information helps us monitor traffic on our website so that we can manage the site's capacity and efficiency. It also helps us to understand which parts of this site are most popular, and generally to assess user behaviour and characteristics in order to measure interest in and use of the various areas of the site.
Third Party Sites
- Links are provided by Psychologyware Limited to other websites that offer goods and services for sale. When you place an order for the purchase of goods and services on those websites, your contractual relationship will be with the merchant selling those goods or providing those services and will be subject to the terms and conditions, if any, made available to you by the merchant. Psychologyware Limited will not be a party to any such contract and accepts no responsibility for non-delivery or delayed delivery of any such good or service (whether in whole or part) whether as regards the nature, quality or merchantability of such good or service, the fitness for the purpose for which they have been sold or for any other purpose.
- This website is controlled and operated by Psychologyware Limited from the United Kingdom. Psychologyware Limited does not make any representation that materials, software and/or the facilities or services offered through this website are appropriate or suitable for use in countries other than the United Kingdom, or that they comply with any legal or regulatory requirements of such other countries. In accessing this website, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable. It is prohibited to make this website, the materials, software, and/or facilities or services offered through this website or any part of them, available in your country. It is also prohibited to make available to you (whether by reason of nationality, residence or otherwise), this website, the materials, software and/or facilities or services offered through this website or any part of them are not directed at you.
- These terms and conditions of use shall be governed by and construed in accordance with the laws of England, and you hereby agree for the benefit of Psychologyware Limited, and without prejudice to the right of Psychologyware Limited to take proceedings in relation to these terms and conditions of use before any other court of competent jurisdiction, that the English courts shall have exclusive jurisdiction to hear and determine any action or proceedings that may arise out of or in connection with these terms and conditions of use, and for such purposes you irrevocably submit to the jurisdiction of such courts.
- Any waiver of any provision of these website terms and conditions must be in writing and signed by Psychologyware Limited to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms and conditions to be void or unenforceable for any reason, then such provision shall be ineffective to the extent of the court's finding without affecting the validity and enforceability of any remaining provisions.
- These terms and conditions represent the entire understanding and agreement between you and Psychologyware Limited relating to use of this website, and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by you and by Psychologyware Limited.
- This policy will be amended from time to time as is deemed necessary by Psychologyware Limited. A copy of this policy will be made available to all you and the current policy will also be available on the SPENCER website.
You may also want to review our Licence Terms.