- If you purchase psychometric assessments, assessment reports or any other service or product from Us, our Standard Terms and Conditions will apply to the sale of such services (“Services”).
You use these Websites at your own risk. TTS provides the content, information and material on the Websites as well as the tts-assess Online Assessment System along with any reports based on assessments completed by Participants (“Reports”) “as is” and on an “as available” basis without any warranties or other terms of any kind. TTS disclaims the implied warranties of merchantability and fitness for a particular purpose. TTS does not warrant that the Websites or The Assessment System will operate without interruption or that they are free from errors. We will not be liable if for any reason the Websites are unavailable at any time or for any period. Access to the Websites may be suspended temporarily and without notice in the case of system failure, maintenance or repair, reasons beyond our control or any other reason.
While We endeavour to ensure that the information on the Websites is correct, we do not guarantee the accuracy or completeness of the material on the Websites. The material on these Websites may be out of date, and We do not make any commitment to update this material. We may make changes to the material on the Websites or to any services, products or prices described in it, at any time and without notice.
We also do not warrant that the Websites, or websites which are linked with these Websites, are free from computer viruses or any other malicious or impairing computer programs.
3. Intellectual Property and Content
No part of the Websites may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service.
Use of any extracts from these Websites is prohibited. In particular, you are not in any event permitted to:
- publish, distribute or otherwise reproduce in any format any of the content or copies of the content of the Websites;
- use any content from these Websites in connection with any business or commercial enterprise including, without limitation, any media business or enterprise except as permitted by our Standard Terms and Conditions; or
- modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on any software or any documentation accompanying such software, including The Online Assessment System, or other content available on or through the Websites.
4. Visitor Conduct
You are prohibited from posting or transmitting to or from these Websites any material or doing anything in connection with your use of the Websites:
- which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party anywhere in the world;
- that is in any way threatening, defamatory, offensive or obscene, indecent, seditious, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, copyright, privacy or any other rights;
- for which you have not obtained all necessary licenses and/or approvals;
- which is technically harmful (including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
- which involves misusing the Website (including without limitation by hacking) or which attempts to affect the performance or functionality of any computer facilities of or accessed through the Website;
- which involves sending any unsolicited advertising or other promotional material, commonly referred to as “Spam”.
- which infringes the privacy rights of any third party or person through any action taken by you, including but not limited to uploading personal information without the third part or person’s consent and/or knowledge.
You must report unauthorised use or suspected compromise of the username and/or password to TTS immediately.
We also have the right to disclose your identity to any third party who claims that any content posted or uploaded by you to our Websites constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Websites.
5. Links to and From Other Websites
Any links to third-party websites on our Websites are provided solely for your convenience. If you use these links, you leave Our Websites. We have not reviewed all of these third-party websites and do not control, and are not responsible for, these websites or their content or availability. We do not therefore endorse or make any representations about these websites, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to Our Websites, you do so entirely at your own risk.
If you would like to create a link to our Websites, please contact Us first at firstname.lastname@example.org to request permission. Any links to this Website may only be on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
- you do not remove, distort or otherwise alter the size or appearance of our trading names and logos;
- you do not create a frame or any other browser or border environment around the Websites;
- you do not in any way imply that We are endorsing any products or services other than our own;
- you do not misrepresent your relationship with Us, nor present any other false information about Us;
- you do not otherwise use any trademarks and trading names displayed on the Websites, without our express prior written permission;
- you do not link from a website that is not owned by you; and
- your website does not contain content that is distasteful, offensive, controversial or, in our opinion, is or is likely to be detrimental to our reputation, infringes any intellectual property or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
6. Registered Users and Participant Registration
Upon concluding an agreement with TTS, the Client’s Registered Users will receive log in credentials in the form of a username and password. Participants will receive a link to the assessment they are scheduled to undertake.
When you register or are registered to use these Websites or The Online Assessment System, each registration is for a single user only. We do not permit you to share your username and password with any other person, nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you. You will be responsible for any actions performed using your username and password during use of the Websites or The Online Assessment System. TTS will not accept liability for any damage or loss resulting from actions performed by you or entities or persons using your username and password to access the Websites or The Assessment System.
If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify Us at email@example.com.
Should TTS suspend a user’s access to The Online Assessment System, TTS will not intentionally erase any of the data in TTS’s possession during the period of suspension and the fees will continue to accrue.
We and any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption), and whether in contract, tort (including, without limitation, negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- these Websites or their use;
- The Online Assessment System and its use;
- the appropriateness of the Websites and/or The Online Assessment System including but not limited to the completeness or accuracy of any Reports;
- your, or any Participant’s, inability to use this Website or the results of any psychometric assessments provided through it; and/or
- any websites linked to this Website or the material on such websites.
If you are a consumer, please note that We only make our Website available to you for domestic and private use. You agree not to use our Website for any commercial or business purposes, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage due to virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
If your use of material on this Website results in the need for servicing, repair or correction of any of your equipment, software or data, you shall be responsible for any related costs.
We will not be liable for any loss or damage due to the incorrect use of Assessment data including any disparate impact or disparate treatment and sexual or racial discrimination by the Client in connection with the use of the Website, Online Assessment System, Reports and/or training services provided by TTS.
TTS does not accept liability for any submissions made in email communications by its employees, resellers and/or referrers that caused damage to you or Third Parties.
9. Participants’ obligations
Participants must answer the assessment questions honestly and shall not do anything to distort the results of the assessment(s) undertaken by such Participant.
10. Disclosures I.t.o. Electronic Communications and Transactions Act
Full name and legal status of the Website Service Owner:TTS, a registered company in terms of the laws of the Republic of South Africa;
Physical address and telephone number where services are rendered:Suite 6-102, Monument Office Park, 79 Steenbok Ave, Monument Park, 0181, Pretoria, RSA
Postal Address:Suite 6-102, Monument Office Park, 79 Steenbok Ave, Monument Park, 0181, Pretoria, RSA
Registration number, names of directors and the place of registration of the Website Owner:2012/081177/07; Charles Frederick Guest, Hendrik Jacobus Kriek, Renier Lewis; Republic of South Africa.
Description of the main characteristics of the Service offered by the supplier:We provide access to our assessment products that our clients can use to assist in candidate development, selection, screening and retention.
Physical Address where TTS will accept legal service of documents:Suite 6-102, Monument Office Park, 79 Steenbok Ave, Monument Park, 0181, Pretoria, RSA.
11. Electronic Communications
You accept that if you opt-in and/or if you are a Client, that TTS may communicate with you through the use of email relating to the use of the Website such as sending you notifications of
- new product launches
- new Website launches
- changes to the Website
- changes to the website terms and
- for customer service.
You may elect not to receive electronic marketing messages from us and may opt-out using the mechanism provided. We do however reserve the right to notify you of changes to these terms and conditions, and to the website in general.
When TTS sends an email to you, it is deemed that you have received it when you are capable of downloading the email.
When you send an email to TTS, it is deemed to have been received when it replies to the message.
You agree that all electronic notices, disclosures and other communications between TTS and you, satisfy any legal requirement that such communications be in writing.
12. Complaints and Disputes
You may contact TTS about the service you received by emailing the Customer Relations Department at email address: firstname.lastname@example.org.
TTS undertakes to resolve any disputes internally as far as practically possible.
You acknowledge that TTS uses third party vendors to provide the necessary hardware, software, networking, storage, and related technology required to provide access to the Website.
These terms and conditions form the whole agreement between the Parties and supersede all prior agreements, other representations and understandings.
If a certain clause in this agreement is found not to be unenforceable, that clause will be removed but the rest of the terms and conditions will still be valid.
Even if this agreement is terminated, the following clauses will continue to apply: Intellectual Property Rights, Disclaimer and Limitation of Liability, Governing Law and General.
14. Governing Law
15. Interpretation and Definitions
“Client” refers to a person or entity who concluded an agreement with TTS to use the Online Assessment System to conduct assessments and to obtain Reports;
“Intellectual Property” refers to any copyrights, moral rights, goodwill, trademarks, source code, software applications, trade secrets or similar intellectual property rights;
“Online Assessment System” refers to the system as hosted and operated on www.tts-assess.com which system is used to conduct assessments;
“Participant” refers to the person who has been scheduled to complete an assessment via die Online Assessment System;
“Party/Parties” refers to either TTS or to you;
“Personal Information” refers to the Personal Information you supply to TTS or that it collects about you. It includes all the information as defined by the Protection of Personal Information Act 4 of 2013;
“Process or Processing” means any operation or set of operations including collection, receipt, collation, storage, updating, modification, retrieval, consultation, use, distribution, merging, linking, restriction and destruction;
“Registered User” refers to the person designated by a Client of TTS to fulfil the role of user to enable such user to schedule assessments via the Online Assessment System and to view and download Reports and who has been issued a username and password;
“Report(s)” refers to the Report that has been compiled by the Online Assessment System after the Participant has completed an assessment;
“TTS” means Top Talent Solutions (Pty) Ltd, a South African based entity which owns the Website which operates the Online Assessment System;
“TTS Technology” refers to any technology that TTS has created, acquired or otherwise have rights in and may, in connection with the performance of its obligations under an agreement with a Client, employ, provide, modify, create or otherwise acquire rights in and includes any: concepts or ideas, methods or methodologies, procedures or process, know-how or techniques, function, process, system data or object models, templates, the generalised features of the structure, sequence and organisation of software, user interfaces and screen designs, general purpose consulting and software tools, utilities, routines or frameworks, logic coherence and methods of operation of systems, and patches or enhancements to open source libraries. It includes the Online Assessment System;
16. Contact Information
To contact us, please mail us at:
Company Physical Address:
Block 6, Suite 6-102, Monument Office Park, 71 Steenbok Ave.
Monument Park, Pretoria
Gauteng, South Africa, 0181
Last Updated: 18 August 2018
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