1. About these Terms and Conditions

1.1 These Terms and Conditions (“Terms”) are between you and us, ThinkPlace Pty Ltd, and govern your access to and use of DesignProfile.org and any associated products or future apps created by us ("Services").

1.2 Your access to and use of the Services is conditional on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

1.3 You may use the Services only in compliance with these Terms and all applicable laws.

2. About the Services

2.1 You are responsible for your use of the Services and for any consequences thereof.

2.3 Design Profile does not replace independent advice from design or human resource professionals.

2.5 We do not warrant the accuracy, truth or completeness of any of the information contained in, or associated with, or linked to by, or linking to, Design Profile. Neither should this information be considered as instructional, nor construed as professional advice.

2.6 Changes to the software, including but not limited to functionality, information, personal data contained in the software, may be made to the software at any time and without notice.

2.7 We may change or cease the software at any time, without explanation. In this case, no monies will be refunded to you if you have chosen to use a paid component of the services, except as a pro rata portion of paid services that have not been used. It is your responsibility to save or otherwise keep a record of your design profile answers and profile results.

3. Conditions of Use

3.1 All right, title, and interest in and to the Services (excluding content provided by users) is and will remain the exclusive property of ThinkPlace Pty Ltd and its licensors.

3.2 The intellectual property that underpins the Services is licensed, not sold, to you by us for use only under these Terms (“License”). ThinkPlace Pty Ltd and its licensors retain ownership of the intellectual property and reserve all rights.

3.3 This License will govern any updates provided by us that upgrade, enhance, supplement or replace the intellectual property, unless such an update is accompanied by a separate license, in which case the terms of that license will govern your use.

3.4 You may not copy, distribute, sell, modify, or create derivative works of the intellectual property or any part thereof.

3.5 Nothing in the Terms gives you a right to use the Design Profile name or any of the Design Profile trademarks, logos, domain names, and other distinctive brand features.

4. Privacy

4.1 From time to time, we may collect certain information from your use of the Services. Any information that you provide when using the Services is subject to these Terms.

4.2 ThinkPlace Pty Ltd will never intentionally use your personal details or any information you record in Design Profile for any purpose other than:
4.2.1 to provide you with any online or paper services as described on our website that you have consented to use (for example, producing a personalised design profile report),
4.2.2 to aggregate into reports or baseline result at a population level, having first de-identified all information, and
4.2.3 to contact you occasionally with personalised messages and information where you have consented to be contacted for news, information and marketing purposes by us.

4.3 While we have tried to design a safe, usable and secure application, we make absolutely no claim whatsoever as to the confidentiality and/or security of the application.

4.4 We disclaim any and all liability associated with unintended or otherwise harmful or embarrassing information disclosures (and their direct or indirect consequences, should these eventuate) that occur due to:
4.4.1 Accidental information disclosure on the part of you, your family, friends, colleagues, employers or employees, or anyone else who has or gains access to the personal information stored in Design Profile or any associated product
4.4.2 Intentional information disclosure on the part of you, your family, friends, colleagues, employers or employees, or anyone else who has or gains access to the personal information stored in Design Profile or any associated product
4.4.3 Any unauthorised access to information contained in Design Profile or any associated or intermediary product (for example but not limited to a Design Profile report, your email, etc), either through hacking, password theft, someone looking over your shoulder, someone stealing your phone, nor any other conceivable circumstance in which personal information is accessed without authorisation
4.4.4 Any authorised access to information contained in Design Profile or any associated or intermediate product (for example but not limited to a Design Profile report, your email, etc).
4.4.5 Any problem or perceived problem or error or oversight or negligence with any aspect of Design Profile, including the design and/or implementation of its user interfaces, its application code, communications, or any other aspect of its design or implementation.

5. Indemnity and Release

5.1. We disclaim any and all liability associated with the direct or indirect use of Design Profile and any associated products, in terms of its accuracy, usability, suitability or currency with respect to the information it records, displays or reports.

5.2 We disclaim any and all liability associated with the direct or indirect use of Design Profile and any associated products.

5.3 We disclaim any and all liability associated with the direct or indirect use of Design Profile and any associated products, for any purpose for which it was not clearly and explicitly intended.

5.4 We disclaim any and all liability associated with the direct or indirect use of the information contained in Design Profile and any associated products.

5.5 ThinkPlace Pty Ltd disclaims any and all liability associated with information loss, information corruption, misrepresentation of information, incomplete representation of information, or any other issue associated with the integrity, comprehensibility and/or security of information entered into or represented through Design Profile and any associated product (eg reports) nor any upgraded version.

5.6 You agree to defend, indemnify, release from liability and hold harmless ThinkPlace Pty Ltd (including its officers, directors, employees and agents) from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (whether special, consequential or indirect and including but not limited to business interruption, lost profits or lost data) arising from:
5.6.1 your use of and access to, or inability to use or access, the Services; or
5.6.2 your violation of any term of these Terms.

6. Limitation of Liability

6.1 To the maximum extent permitted by applicable law, ThinkPlace Pty Ltd and its subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, good-will, or other intangible losses, resulting from:
6.1.1 your access to or use of or inability to access or use the Services;
6.1.2 any conduct or content of any third party on the Services; and
6.1.3 any content obtained from the Services.

7. Waiver and Severability

7.1 Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

7.2 If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, the remainder of these Terms will continue to apply in full force and effect.

8. Entire Agreement

8.1 These Terms are the entire and exclusive agreement between us and you regarding the Services, and these Terms supersede and replace any prior agreements between us and you regarding the Services.

8.2 Changes to this disclaimer may be made at any time without notice.

9. Choice of Law

9.1 This License will be exclusively governed by, and construed in accordance with, the laws of the Australian Capital Territory. The local and federal courts located in the Australian Capital Territory will have exclusive jurisdiction over all disputes arising hereunder or in connection with the subject matter hereof. You waive any right to allege lack of personal jurisdiction, improper venue or inconvenient forum in any such action brought in any such court.