CPP Asia Pacific Terms and Conditions of Sale

The following are the Terms and Conditions of Sale for CPP Asia Pacific Pty Ltd (CPPAP). By placing an order with CPPAP you agree to be bound by and abide by these Terms and Conditions of Sale.

If you have questions about these Terms and Conditions, please contact our Customer Service Team on +61 3 9342 1300 (Australia), 0800 000 159 (New Zealand), 1800 1 611 0298 (Philippines).

 

Interpretation

    1. In these Terms and Conditions of Sale:

              1. Certification Program is defined in paragraph 4;

              2. CPPAP, we, us and our means CPP Asia Pacific Pty Ltd (ACN 123 828 160);

              3. Materials means all products sold by CPPAP, including both Restricted Materials and Non-Restricted Materials;

              4. Non-Restricted Materials means any product sold by CPPAP which is not Restricted Material;

              5. Purchaser and you means the person or organisation identified in the order form who has contracted to purchase Materials from us;

              6. 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

              7. Restricted Materials means any psychometric instruments or materials (including 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.

    1. 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.

User Qualifications and Restrictions on Sale

  1. We uphold the guidelines on the sale of Restricted Materials established by the publishers we represent and the Australian Psychological Society, the Psychology Board of Australia, the New Zealand Psychological Society and the New Zealand Psychologists Board. The psychometric instruments offered for sale by us have been classified in terms of the professional training required for their use.

  2. 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 (including by completing a CPPAP Purchaser Qualification Form in accordance with paragraph 5 below).

  3. Before ordering Restricted Materials from us, please complete and sign the CPPAP Purchaser Qualification Form, available from CPPAP, and return it to us. We will determine which Restricted Materials you are able to order based on criteria including your education, experience and whether you have successfully completed an appropriate certification program approved by us (Certification Program). We may notify you that in order to be registered, you will need to complete certain Certification Programs.

  4. You acknowledge that individuals only, and not organisations, 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.

Ethical Guidelines

  1. Restricted Materials must be used in compliance with our current Guidelines for Ethical Use of Instruments and Questionnaires. 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 (under paragraph 67) 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)

  1. The requirements for giving feedback on individual results to questionnaire or instrument respondents may be waived where data is being gathered for research purposes only. Respondents should be prior informed that they will not receive feedback. However, researchers are encouraged to provide feedback if an individual requests it.

  2. 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.

  3. Questionnaire or instrument data acquired within an organisational context should not be used to determine an individual’s career development or promotion unless it is supported by independent data (such as a work progress record or peer review).

  4. Data acquired for one purpose (for example, team building) should not be used for another purpose without the respondent’s specific knowledge and consent.

Orders

  1. Any order that the Purchaser makes for Materials must be in writing and, if the order is for Restricted Materials, must quote 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.

Despatch of orders

  1. By placing an order, you offer to purchase each product or service listed in your order at the prices set out on our website at the time of placing the order and in accordance with these Terms and Conditions of Sale.

  2. For orders placed in Australia: We will use reasonable efforts to despatch all orders received before 3:30pm on a working day on that same day (subject to item availability). Please specify delivery date and allow up to 5 working days.

  3. For orders placed in New Zealand: We will use reasonable efforts to despatch all orders received in a timely manner (subject to item availability).

  4. For orders placed in the Philippines: We will use reasonable efforts to despatch all orders received in a timely manner (subject to item availability).

  5. For other international orders: We will use reasonable efforts to despatch all orders received in a timely manner (subject to item availability).

Invitation to Treat Only

  1. 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

  1. When we are requested to provide a computer scored report, the following terms apply:

      1. 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;

      2. reports generated from our electronic assessment service will usually be despatched to the Registered User via email 24 to 48 hours after completion on any working day; and

      3. 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

  1. Prices are subject to change without notice. Please check prices when ordering.

  2. 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 or not the order has been confirmed by us. If you have paid for the purchase before the order is cancelled, we will refund your payment.

  3. For orders placed in Australia: All prices are specified in Australian dollars and are inclusive of all applicable taxes (including GST).

  4. For orders placed in New Zealand: All prices are specified in New Zealand dollars and are inclusive of all applicable taxes (including GST).

  5. For orders placed in the Philippines: All prices are specified in US dollars and exclude any other applicable duties and taxes.

  6. For other international orders: All prices are specified in Australian dollars.

Postage and packing

      1. For orders placed in Australia: A standard shipping charge of 7.5% (10% if order is under AU$100.00) of the total order is charged to cover postage and handling. Express courier delivery is available, which may incur further charges. Where orders are required to be shipped overseas, the Customer Service Team will provide a quotation. The name of the Registered User must be given for each order of Restricted Materials.

      2. For orders placed in New Zealand: A standard shipping charge of 7.5% (10% if order is under NZ$100.00) of the total order is charged to cover postage and handling. Express courier delivery is available, which may incur further charges. Where orders are required to be shipped overseas, the Customer Service Team will provide a quotation. The name of the Registered User must be given for each order of Restricted Materials.

      3. For orders placed in the Philippines: Standard shipping charges will apply as follows:

          • Orders up to 1kg: USD 67.00
          • Orders up to 2kg: USD 79.00
          • Orders up to 3kg: USD 96.00
          • Orders up to 5kg: USD 125.00

If your order is more than 5kg please contact us for a quote. Priority International delivery is available, incurring further charges. Please note that the customer shall also be liable for any other applicable duties and taxes. Where orders are required to be shipped overseas, the Customer Service Team will provide a quotation. The name of the Registered User must be given for each order of Restricted Materials.

          1. For other international orders: Please contact us for a quotation.

          2. For all orders: We may change our shipping rates without notice. If we change our shipping rates we will provide you with the current shipping rates at the time of purchase.

Payment

  1. All customers, other than authorised account holders must pay at the time of ordering.

  2. For orders placed in Australia: You may pay by direct deposit, credit card (MasterCard, Visa or American Express) or cheque. For orders placed in Asia, payment can be made by Telegraphic Transfer or by Bank Draft (minimum US$50.00).

  3. For orders placed in New Zealand: You may pay by direct deposit or credit card (MasterCard, Visa or American Express).

  4. For orders placed in Philippines: Payment can be made by telegraphic transfer or by credit card (MasterCard, Visa or American Express).

  5. For other international orders: Payment can be made by telegraphic transfer.

  6. Our internet site has secure credit card facilities.

Interest on overdue accounts

  1. Where an invoicing facility is offered, we reserve the right to charge interest at 1% per month on account balances exceeding our terms (or, if that rate is greater than the maximum rate permitted by the National Consumer Credit Protection Act 2009 (Cth), the maximum rate permitted by that Act).

Certification Programs, Workshops and Pricing

  1. Details of the design and content of Certification Programs and workshops and the prices of instruments are correct at the time of going to press but may be subject to change without prior notice.

  2. We reserve the right to cancel a Certification Program or workshop for any reason. We will confirm programs two weeks prior to commencement. Please wait for this confirmation before making your travel plans.

  3. A non-refundable deposit of at least 30% is required with your registration for a Certification Program or workshop. Full payment is required prior to the Certification Program or workshop.

  4. No refunds will be given for any Certification Program or workshop regardless of circumstances. Someone else may take your place (provided they meet the course pre-requisite requirements) or you may transfer to a later Certification Program or workshop (in which case a transfer fee applies as set out below).

  5. Participants transferring to another Certification Program or workshop must give prior written notice that they wish to do so, and will be charged a transfer fee of 30% of the Certification Program or workshop fee. A maximum of 3 transfers per enrolment for a particular Certification Program or workshop may be made.

Claims for Damage or Discrepancies

  1. Any claims for damage to, or discrepancies in, despatched Materials should be made in writing, quoting the customer name and invoice:

      1. within 3 days of receipt of consignment for damage or discrepancies between Materials ordered and Materials received; and

      2. within 21 days of the order date for non-delivery.

No Cancellation After Acceptance

  1. Once we have accepted your order, you cannot cancel that order.

Returns for refund or credit

  1. We will not accept any Materials for return without prior notice and authorisation. To arrange return of Materials, please contact our Customer Service Team to obtain pre-authorisation. All Materials accepted for return must be accompanied by a copy of the applicable CPPAP invoice. A restocking charge may apply. We will not reimburse any shipping or delivery costs incurred to return Materials, unless these costs are agreed by us in writing prior to such return.

Limitations and Exclusions

  1. 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.

  2. 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:

      1. 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 CPPAP, its affiliates or subcontractors have been advised of the possibility of such loss, damage, cost or expense); and

      2. 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.

Indemnity

  1. 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).

Ownership of Goods

  1. 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 within a reasonable period, we may repossess any goods that have not been paid for.

Changes to these Terms and Conditions of Sale

  1. We reserve the right to revise and amend these Terms and Conditions of Sale in our discretion as follows:

      1. 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;

      2. if we consider that the change is likely to have a significant detrimental impact on you, we will make the change after we have notified you of the change (solely by using the email address you have provided) and will display a notice on our website describing the change.

  1. Your continued use of the Materials after an amendment will mean that you agree to that amendment. You must stop using the Materials if you do not agree to an amendment.

Change of Address or Registered User

  1. If the address of the Purchaser or Registered User changes, you inform us immediately.

  2. 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 person employed by or otherwise contracted to the Purchaser who is registered with us and is qualified to use the relevant Restricted Materials, provided that person 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 will be entitled to require the prompt return of any Restricted Materials to us, and will refund the price of any returned Restricted Materials that have not been used and are in unopened packs.

Intellectual Property

  1. 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 will need to apply for permission. This section 54 applies to any instrument or section of an instrument, including, for example:

      1. question booklets and all questionnaire items, whether singly or in a group;

      2. client reports or feedback forms;

      3. profile charts as they appear on report forms;

      4. software programs and accompanying documentation; and

      5. Certification Program and workshop material,

as well as all other quoted Materials found in manuals, brochures, books or our website.

  1. You acknowledge and agree that you are obtaining a non-exclusive, non-transferable, revocable licence to use the Materials subject to these Terms and Conditions of Sale and any additional terms provided to you in relation to the Materials.

  2. You must not incorporate any of the components referred to in paragraph 54 above into computer software used for the administration, scoring and interpretation of a questionnaire or instrument. The profile chart as it appears on published forms is also a copyright work and it may not be used in a computer presentation system, even one that simply generates reports when data (scores) are input into a computer.

  3. If you use a generic ‘shell system*’, the responsibility for installing a particular instrument on the system rests with you, not the supplier of the system. You may breach copyright if permission from the publisher has not been obtained to use an instrument in this manner. In the case of many instruments, such as MBTI®, CPI, FIRO-B®, Strong Interest Inventory® and 16PF® 5th Edition Questionnaire, it is not the publisher’s policy to give permission for such use.

* A shell system is a system of computer software into which the user may insert questionnaire items and a scoring pattern from an existing questionnaire. Some shell systems allow the user to create a profile and/or report for use in interpreting questionnaire scores.

  1. Some shell systems contain representations of the whole or part of profile sheets. These may have been incorporated without permission and may therefore constitute an infringement of copyright.

  2. 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 reproducing copyrighted Materials in a computer medium.

  3. 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 urge all of our instrument users to cooperate by ensuring that no copyright or other intellectual property rights infringements occur within their organisation.

  4. You acknowledge that psychometric instrument Materials are specifically excluded from all Copyright Agency Licensing (CAL) photocopy licensing schemes.

Use of Materials

  1. Neither the Purchaser nor any Registered User may resell, rent, lend, lease, exchange, give or otherwise dispose of Materials to third parties or act as agent, distribution channel or stockist of Materials.

  2. 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.

Use of Trade Marks

  1. We produce and distribute many Materials under licence for use in Australia, New Zealand, Singapore, Philippines, Malaysia, Brunei, Indonesia, Hong Kong, China, Taiwan, Thailand, Vietnam, Pakistan, India, Sri Lanka, Bangladesh & Nepal.

  2. We ask users to acknowledge our trademarks and those of our suppliers. These trademarks are registered with respect to software, printed matter and the certification of people in the use of psychometric instruments. We offer the following practical guidelines about the legal protection of trademarks:

      1. The TM symbol represents a trademark, while the © symbol represents copyright. The symbol ® represents a registered trade mark.

      2. The appropriate symbol (TM or ®) should appear by the first reference to the trademark within any document, or in the first place where it is used prominently.

      3. A footnote legend, indicating the ownership of the trademarks, should be put at the bottom of the page or at the end of the text or document. It is normal to use small print for the footnote.

      4. If it is not possible to reproduce the TM or ® symbol, use an asterisk after the trademark and to precede the footnote legend.

      5. The terms ‘MBTI®’ and ‘Myers-Briggs Type Indicator®’ are both registered trademarks. If they are both used within a document, then the ® symbol should appear by the first reference to each. These trademarks are registered with respect to software, printed matter and the certification of people in psychometric instruments.

These guidelines apply particularly to consultants referring to trademarks within their proposals, client reports, promotional literature or advertising.

  1. In addition to the above, you must always comply with our Trademark Guidelines. A copy of our Trademark Guidelines is available from us on request.

Termination and Return of Materials

  1. 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.

  2. 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.

  3. If these Terms and Conditions of Sale are terminated for any reason, we may 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 and are in unopened packs.

General

  1. 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.

  2. 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.

  3. 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.

  4. These Terms and Conditions of Sale do not create a relationship of employment, trust, agency or partnership between us.

  5. These Terms and Conditions of Sale are governed by the laws of the State of Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

  6. These Terms and Conditions of Sale set out the entire agreement between us in relation to our supply to you of Materials.

Australian Customers

Consumer Guarantees Under the Australian Consumer Law

  1. In this section, Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) as amended or replaced from time to time.

  2. To the extent that you acquire goods or services from us as a consumer within the meaning of the Australian Consumer Law, you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement.

  3. Nothing in these Terms and Conditions (including in this section and in paragraphs 46 and 47) operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law or any other statute where to do so would:

      1. contravene that statute; or

      2. cause any part of these Terms and Conditions of Sale to be void,

(Non-Excludable Obligations).

  1. In relation to Non-excludable Obligations (other than a guarantee as to title, encumbrances or quiet possession conferred by the Australian Consumer Law), except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which Supplier's liability is not so limited under this paragraph 78), our liability to you for a failure to comply with any Non-excludable Obligation is limited to:

      1. in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and

      2. in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

GST

  1. Words or expressions used in this section which are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning in this paragraph.

  2. Any consideration to be paid or provided to us for a supply made by us under or in connection with these Terms and Conditions of Sale, unless specifically described as GST inclusive, does not include an amount on account of GST.

  3. Despite any other provision in these Terms and Conditions of Sale, if we make a supply under or in connection with these Terms and Conditions of Sale on which GST is imposed (not being a supply the consideration for which is specifically described as GST inclusive):

      1. the consideration payable or to be provided for that supply under these Terms and Conditions of Sale but for the application of this clause (GST exclusive consideration) is increased by, and you must also pay to us, an amount equal to the GST payable by us on that supply; and

      2. the amount by which the GST exclusive consideration is increased must be paid to us by you without set off, deduction or requirement for demand, at the same time as the GST exclusive consideration is payable or to be provided.

New Zealand Customers

    1. The words in brackets in paragraph 37 are deleted.

Consumer Guarantees Under New Zealand Law

    1. To the extent that you acquire goods or services from us as a consumer within the meaning of the Consumer Guarantees Act 1993 (NZ), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement.

    2. Nothing in these Terms and Conditions (including in this section and in paragraphs 46 and 47) operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability under the Consumer Guarantees Act 1993 (NZ) or any other statute where to do so would:

        1. contravene that statute; or

        2. cause any term of these Terms and Conditions of Sale to be void.

    1. Where you are acquiring the goods or services for the purposes of a business, in accordance with section 43 of the Consumer Guarantees Act 1993 (NZ) you acknowledge and agree that the Consumer Guarantees Act 1993 (NZ) does not apply.

GST

  1. For the purposes of this paragraph, GST means goods and services tax for the purposes of the Goods and Services Tax Act 1985 (NZ). GST and other duties or taxes that may be applicable will be added to any consideration to be paid or provided to us for a supply made by us under or in connection with these Terms and Conditions, except where they are expressly included in the consideration.

Philippines Customers

  1. You acknowledge and agree that we may use an agent to issue invoices and that you must comply with these Terms and Conditions in respect of any invoice issued to you by an agent on our behalf.

Contact us

If you have any questions regarding these Terms, please contact CPPAP or write to us at:

    • By email:
    • enquiries@cppasiapacific.com
  •  

    • By phone:
    • (03) 9342 1300 (Australian customers)
      0800 000 159 (New Zealand customers)
      1800 1 611 0298 (Philippines customers)
  •  

    • By mail:
    • Managing Director
      CPP Asia Pacific Pty Ltd
      Level 7, 369 Royal Parade (PO Box 810)
      Parkville, Victoria, 3052 Australia

 

Last updated: 27 May 2014