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Terms of Service

Congratulations on pursuing your pathway to purpose! These are our Terms of Service (“Terms”) which apply to all clients of Amplified Performance Consulting Pty Ltd trading as Claritate [ABN 61663958389] (“we, us, our”). By using our Website and Services, you're agreeing to these Terms together with any other terms and conditions and policies we publish or link to.

SERVICES WE WILL PROVIDE

We facilitate the completion of a Herrmann Brain Dominance Instrument (HBDI) assessment, and provide debrief services of a participant's profile. We provide the assessment report and other material following the debrief and may provide additional services.

BEFORE PURCHASE

Things you need to know before purchasing the assessment and debrief on our Website

Before you buy anything from our Website, there are a few things you should know:

  • you need to be over 18 years, or alternatively, have parental consent;
  • please give us complete and accurate information and let us know if anything changes, such as your email address;
  • you need to use any special offers or gift codes or discounts at the time of purchase; they can't be applied after the fact;
  • no refunds or transfers are available following the purchase of the assessment and debrief. We do not provide refunds for changes of mind, where you fail to provide us with adequate information, where you can no longer partake in part or all of the debrief, or where you fail to comply with our instructions.; and
  • you need to have adequate technology set up and internet access to complete the assessment and debrief.

Things you should know about information provided in the debrief

  • The Materials we provide are designed to be general in nature, to provide guidance in study or career choices. Each participant's situation and goals are unique, so we cannot guarantee that your desired outcome will be met.
  • The debrief is set for a defined time period of 45 minutes. Whilst we utilise a structured approach to deliver an informative session, we cannot extend the debrief beyond the allocated 45 minutes. Please reach out to hello@claritate.com.au if you wish to enquire about a follow up session.

Payments

You must make full payment as required by us prior to the Assessment being released to you for completion and securing your debrief appointment.

You also agree to pay any applicable currency conversion fees, financial service provider or merchant fees where relevant.

Acknowledgements in relation to privacy and confidentiality

We understand that during your debrief, you may share personal or sensitive information. We want to ensure that you feel safe and supported, so we confirm that we will keep all information shared during the sessions confidential and not share it, other than if required by law.

We also kindly ask that you do not record your debrief, as reports and follow up material will be provided to you following your session. We may, however, randomly record a debrief session as part of our quality control program. This recording will be deleted following review.

Rest assured, we take your privacy seriously and we will not disclose any Confidential Information unless we are required to by law. You can find more information about how we handle personal information in our Privacy Policy.

Things we'd love you to do after your debrief

We love hearing from you after your debrief, to hear about your experience. If you have any thoughts or comments, we'd be thrilled if you would share them with us! We may even use them for marketing and information purposes, publications, exhibitions, and professional awards across print or digital mediums, including our social media channels.

Please note that by providing us with photos, videos, testimonials and/or case studies, you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at hello@claritate.com.au

SERVICES WE WILL PROVIDE

We may change information on our Website

Except as required by law, we may change Product information, promotions, prices and availability and any other information on our Website.

If we need to cancel a debrief

On occasion, we may cancel a debrief where the Certified Practitioner is no longer able to provide it. In these or similar circumstances, you will be provided with an opportunity to reschedule your debrief, which may be with the same Certified Practitioner or a different one.

INTELLECTUAL PROPERTY

We own or have permission to use all the Intellectual Property Rights in our Materials. However, we're happy to give you permission to use our Materials for your personal use following the debrief. You can't use our Materials for any commercial purposes without our prior written consent. If you want to use our Materials for anything other than personal use, you'll need to get in touch with us at hello@claritate.com.au We may ask you to pay a fee for these, and we'll need you to acknowledge our moral rights under the Copyright Act 1968.

RELIANCE ON ADVICE DISCLAIMER

Sometimes the information in our Materials may not be 100% accurate. We always try to make sure that the information is informative and reliable, but sometimes there may be mistakes. The advice may also be based on information that has since changed. Because of this, we can't guarantee that the advice we give is completely accurate or up to date. However, we promise to exercise due care in giving you the most useful information we can.

NON-SOLICITATION

When you participate in our debriefs, you have access to our representatives. We trust you will do the right thing, and not, in your own capacity, or within any other capacity, during this Agreement, directly or indirectly solicit, canvass, offer or otherwise agree to secure the services of any Claritate representative.

FORCE MAJEURE

Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent to which our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.

IF THERE IS A DISPUTE

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

OTHER

This Agreement is to be construed in accordance with the laws of Queensland, Australia, and you and we submit to the jurisdiction of the courts of Queensland, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals, and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our Website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement.

DEFINITIONS

  • Agreement” means these terms, and the general website terms and conditions and all other terms and conditions and policies published or linked to on our website.
  • Certified Practitioner” means a representative of Claritate providing participant debriefs, who has completed an accredited Hermann HBDI Practitioner course.
  • Claim” means any claim, under statute, tort, contract or negligence, any demand, award, or costs.
  • Force Majeure Event” means any event beyond our control which prevents us from complying with our obligations under this Agreement, including but not limited to, a pandemic, act of God, such as fires, earthquakes, floods, war or hostilities, riots, strikes, disorder or acts or threats of terrorism, or electrical failures, changes to regulations, weather events, travel limitations, venue closures.
  • Intellectual Property Rights” means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
  • Loss or Damage” means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, property damage and legal costs.
  • Materials” means any of our Materials and any and all information provided during or after the assessment debrief.
  • Moral Rights” means any moral rights as defined under the Copyright Act 1968.
  • Product” means the facilitation of a Herrmann Brain Dominance Instrument (HBDI) assessment, and any subsequent debrief/s or other services.
  • We, us, or our” means Amplified Performance Consulting Pty Ltd trading as Claritate [ABN 61663958389] and includes any of our directors, officers, employees, agents, partners, contractors.
  • Website and Services” means www.claritate.com.au and everything available on this website including, but not limited to, all content and Product.