(1) Introduction

These terms govern your use of www.tendencies.com (the “Website”) and any purchases you make on the Website. By using the Website, you agree to these Terms & Conditions of Use and Purchase in full and they form part of your contract with Tendencies Pte Ltd to provide the Website and related services including any digital content made available on the Website (our “Products”) to you. If you disagree with these terms of use in whole or part, please do not register, subscribe, purchase our Products or use the Website.

You must be over the age of 13 years (or above the relevant age of consent in your country) to use, register, subscribe and/or purchase our Products.

Whilst our products make reference to concepts of self-awareness and personality psychology, we make no claims or representations in relation to the emotional, health or commercial benefits of using our Products and any information provided on the Website is not a substitute for professional, medical or psychiatric advice. If you are concerned about you mental wellbeing, you are advised to seek professional help.

The Website uses cookies. By using the Website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms & conditions of our Privacy Policy.

These Terms & Conditions of Use and Purchase may be amended from time to time. Notification of any changes will be made by way of updating the Terms & Conditions of Use and Purchase on this website. If you continue to use the Website, you confirm that you accept the current terms and conditions in full at the time you use the Website.

(2) Registration

You can access parts of this Website without registering, subscribing or purchasing the Products, but if you wish to view certain digital content or access certain products & services, you are required to register with the Website.

The registration process requires certain personal information. Such personal information that you provide to us will be handled in accordance with our Privacy Policy.

When you register with the Website you will be required to create a password. In order to reduce the likelihood of fraud, it is a best practice to keep your password confidential, not disclose it or share it with anyone and change it from time to time. If you suspect unauthorised use of your account, please contact us immediately at support@tendencies.com.

You agree that all personal information that you supply to us will be accurate, complete and kept up to date at all times. We may use the information provided to us to contact you from time to time should there be changes or improvements to our Products.

We reserve the right to cancel any registration at any time and for any reason.

(3) The Tendencies Survey And Associated Materials

The website enables you to purchase and take a personality assessment known as the Tendencies Survey (“T-Survey”). The T-Survey consists of 21 questions and produces 24 different personality profiles, each one represented by a Tendencies Bar Chart (“T-Bar”). Your T-Bar indicates the approximate sequence with which your personality tendencies occur to you. In addition to your T-Bar, you will receive a Tendencies Report (“T-Report”) which explains the meaning of your particular T-Bar combination as well as a series of Tendencies Charts (“T-Charts”) and Tendencies Cue Cards (“T-Cards”) to supplement the learning. You also gain access to a 30-minute Video Tutorial to supplement the written materials.

(a) Copyright

The content of this website, the T-Survey and all associated materials, including but not limited to, the T-Bar, T-Report, T-Cards, T-Charts and Video Tutorial are protected by copyright may be used only as provided in these Terms & Conditions of Use and Purchase. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any such content, nor may you distribute any part of this content over any network, including a local area network, sell or offer it for sale, or use such content to construct any kind of database.

(b) Trademarks

Trademarks, logos and service marks (“Trademarks”) displayed on our Website belong to Tendencies Pte Ltd. You may not directly or indirectly use any Trademarks without our prior written consent. Specifically, the Trademarks of the Tendencies.com Logo, The Tendencies Model™, Hypercognition™, The Balanced Leadership Model™, T-Survey™, T-Bar™, T-Report™, T-Charts™ and T-Cards™ are the property of Tendencies Pte Ltd.

(c) Information Rights

Nothing in these Terms & Conditions of Use and Purchase grants or implies any right or license with respect to any data or information on our Website. You agree that all rights, titles and interests in and to such data and other information belong to Tendencies Pte Ltd.

(d) Disclaimer

Our Products are provided for information, education and entertainment purposes only. They should not be regarded as or relied upon as being an opinion or assessment concerning your psychological wellbeing. Any actions that you take or decisions that you make once you have read the content of our Products are determined by you alone and we will not be liable for the consequences of any such actions or decisions.

Our Products are designed for personal, professional and educational use only, to heighten self-awareness and improve team dynamics. They are not intended for use in any business or organization as a psychological assessment for job worthiness or a psychometric test for recruitment.

(4) Purchase of Digital Content

We offer digital content for purchase on the Website in the form of the T-Survey and its associated products.

When you make a purchase, you give full authority for payment. We may take payment from you at any time between you placing the order and us dispatching the goods or your requesting the download of digital content.

Your order constitutes an offer to purchase from us. There will be no contract until we receive payment from you. At any point prior to payment, we may decline to supply the products, services or digital content to you without giving any reason. If we receive your payment and subsequently fail to dispatch the products, services or make the digital content available to you for any reason, we shall refund you in full.

Payments are made electronically. When you pay by credit card or debit card you consent to us carrying out necessary checks which may include obtaining authorisation from your card issuer to ensure you have adequate funds and for security purposes. This may involve validating personal details such as your name, address and other information with your bank or credit reference agencies.

There are no subscription-based services with recurring payments on our Website. Once you have purchased the T-Survey, you are permitted to answer the survey once and once only and so we advise you to allocate sufficient time and give the task your undivided attention. Once completed, you gain access to your T-Bar, T-Report and other associated materials. You may return to the Website at your discretion to view these materials by logging in to your account. You also have the right to delete your account and remove your data from our system. If you do, take note that you will no longer be able to access your T-Bar, T-Report and other associated materials.

We may change our fees at any time by publishing new fees on our Website.

All prices shown are in U.S. dollars (US$), unless specified otherwise, and include VAT, where applicable.

(5) Refunds and Cancellation Policy

Refunds are only available within 30 days IF you have registered and made payment BUT have not taken the T-Survey.

If you register, make payment and complete the T-Survey, you are deemed to have also discovered your T-Bar and consumed the other associated materials and therefore no refunds are available.

Coupon codes and customised orders are non-refundable and non-exchangeable.

(6) Licence to Use Website

Tendencies Pte Ltd own the intellectual property rights in the Website, its Products and its associated materials, including but not limited to copyright and associated moral rights, trademarks, and unregistered rights, goodwill, know-how, software, database rights, and all other intellectual property rights. Subject to the licence below, Tendencies Pte Ltd exclusively reserves all these intellectual property rights.

You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

Unless you have prior consent from Tendencies Pte Ltd, you must not:

• reproduce, translate or otherwise manipulate material from this Website;
• edit or otherwise modify any material or Products on the Website;
• reproduce, duplicate, copy or otherwise exploit material or Products on our Website for a commercial purpose;
• sell, rent or sub-license material or Products from the Website;
• communicate or redistribute material or Products from this Website to the public;
• reproduce any intellectual property rights of third parties on our Website without the consent of those parties.

(7) Acceptable Use

You may use our site only for lawful purposes. You may not use our site:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful, fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
• Not to access without authority, interfere with, damage or disrupt any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment or network or software owned or used by any third party.

(8) Limited Warranties

We do not warrant the completeness or accuracy of the information published on this Website or in any of the Products we sell, nor do we commit to ensuring that the Website remains available or that the material on the website is kept up to date. The Website is provided on an ‘as is’ basis and we reserve the right to suspend or terminate the Website and our provision of any services at any time, for any reason and without notice or refund.

Where the Website contains links to other websites, such links are provided solely as a convenience to you, and we do not endorse the contents of any such website and may terminate such links at any time. Such websites are not under our control, and we are not responsible for their contents. You agree to use such websites at your own risk.

(9) Limitations and Exclusions of Liability

Nothing in these terms of use will:

(a) limit or exclude our or your liability for death or personal injury resulting from negligence;
(b) limit or exclude our or your liability for fraud or fraudulent misrepresentation;
(c) limit any of our or your liabilities in any way that is not permitted under applicable law; or
(d) exclude any of our or your liabilities that may not be excluded under applicable law.

Users, be they individuals or corporations agree that Tendencies Pte Ltd will not be liable in respect of any losses arising out of any event or events, including but not limited to industrial action, labour shortage, failure of our suppliers, natural disaster, transport disruption or failure, legislative or governmental intervention, or any other cause beyond our reasonable control (“Force Majeure”).

Furthermore, our Products are designed for personal, professional and educational use only, to heighten self-awareness and improve team dynamics.

They are not intended for as a psychological assessment or psychometric test for employment or recruitment purposes and if used in this way, you do so at your own risk. We will not be liable to you or your business in respect of any losses, including, but not limited to, loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. We will not be liable for any business, commercial or human resource decisions made in connection with the use of our Products. Furthermore, we shall not be liable for any consequential liability in relation to employment disputes including but not limited to wrongful and unfair dismissal. We provide information and materials relating to personality styles. We distinguish in our model, the difference between personality and character and specifically advise that the results of personality assessments cannot provide (and is not intended to provide) a comprehensive picture of a person’s character, nature and capabilities. Our content should always be used in conjunction with other forms of information, coaching and training.

We will not be liable in respect of any loss or corruption of any data, database or software.

We will not be liable in respect of any special, indirect or consequential loss or damage.

(10) Indemnity

You hereby undertake to indemnify us and to keep us indemnified against any losses, damages, costs, liabilities and expenses (including all legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers without limitation) incurred or suffered by us on a full indemnity basis arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

(11) Breaches of These Terms of Use

Without prejudice to our other rights under these Terms & Conditions of Use and Purchase, in the event of any breach of these terms of use by you, we reserve our right to take such action as we deem appropriate to deal with the breach, including suspending or deleting your account, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

(12) Assignment

We may transfer, sub-contract or otherwise handle our rights and/or obligations under these terms of use without notifying you or requiring your consent.

You may not transfer, sub-contract or otherwise handle your rights and/or obligations under these terms of use.

(13) Entire Agreement

These Terms & Conditions of Use and Purchase, together with our Privacy Policy, constitute the entire agreement between you and Tendencies Pte Ltd in relation to your use of the Website and supersede all previous versions of agreements in respect of any prior use of this Website.

(14) Law and Jurisdiction

These Terms & Conditions of Use and Purchase are governed by and construed under the laws of Singapore, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Singapore.