These terms and conditions contained below (the “Profile Test Terms”) will apply to any business profile test (the “Profile Test”) provided to you (the “Customer”, “you”) by RSS Records (Pty) Ltd (Registration No. 2018/365717/07) (the “Service Provider”) (individually, a “Party” and, collectively, the “Parties”).

PLEASE READ THESE PROFILE TEST TERMS CAREFULLY BEFORE ENGAGING THE SERVICE PROVIDER FOR ANY PROFILE TEST. IF YOU DO NOT AGREE TO THESE PROFILE TEST TERMS, YOU MAY NOT PARTICIPATE IN THE PROFILE TEST.

By completing the electronic acceptance process, such as clicking or checking the “accept” option, or otherwise agreeing to participate in a Profile Test, you agree to these Profile Test Terms. Your participation in a Profile Test is also subject to the Master Terms and Conditions, available at [www.danielstrauss.co.za/master-terms]. These Profile Test Terms supplement the Master Terms and Conditions. Any capitalised terms used but not defined below have the meanings in the Master Terms and Conditions.

1.) THE PROFILE TEST

1.1) The Profile Test is used to determine how “dynamic” or “foundational” you are in your entrepreneurial or business profile, as more fully described in the relevant Material.

1.2) The Profile Test is not intended to classify you into a single entrepreneurial category (i.e., “dynamic” or “foundational”). It is only an assessment to determine to what degree you fall into each category.

1.3) The Profile Test results are created based on your answers to the questionnaire. The Profile Test results will represent inauthentic information if you do not answer the questions honestly.

1.4) Every person, entrepreneurial endeavour, and business is different and operates under unique circumstances. Any advice and strategies contained in the Profile Test, the results, or the Material, may not be suitable for your particular situation.

2.) DISCLAIMER

2.1) By participating in a Profile Test, you acknowledge and agree to be bound by the terms, conditions, and restrictions set forth below.

(a)  You are participating in the Profile Test freely, voluntarily, without coercion, based on your own judgement, and not in reliance upon any representation or promise made by others.

(b) You have read and fully understood these Profile Test Terms and the Master Terms and Conditions.

(c) The Profile Test is provided only for informational, educational, and personal purposes.

(d) The Service Provider makes no representation, warranty, or guarantee regarding the suitability or potential value of any information provided to you in connection with the Profile Test. If you rely on the Profile Test report or the associated Materials, you do so at your own risk.

(e) THE PROFILE TEST IS NO SUBSTITUTE FOR PROFESSIONAL PSYCHIATRIC AND PSYCHOMETRIC ADVICE, TESTING, OR EVALUATION, NOR DOES IT CONSTITUTE ANY FORM OF MEDICAL, PSYCHOMETRICAL, PSYCHOLOGICAL, OR PERSONALITY ASSESSMENT. SHOULD YOU WISH TO OBTAIN SUCH AN EVALUATION OR ASSESSMENT, YOU AGREE TO ENGAGE AND CONSULT A SUITABLE PROFESSIONAL.

(f) The Profile Test should not be regarded as or relied upon as being comprehensive, nor should it be considered an opinion or assessment concerning your psychological well-being or psychometric profile.

(g) The Profile Test is not intended to evaluate emotional, behavioural, and cognitive processes or adjustment of your personality or for the determination of intellectual abilities, psychopathology, personality make-up, personality functioning, aptitude, or interests. 

(h) The Profile Test, including any associated Material, is neither intended nor constitutes financial, tax, legal, investment, or other advice. The Service Provider is not, nor is the Service Provider representing itself as a financial, tax, legal, or investment advisor.

(i) You alone assume the sole responsibility of evaluating the merits and risks associated with using any information associated with the Profile Test or the Material before making any decisions based on such information. Before making any decision or taking any action arising from your participation in the Profile Test, you will consult a qualified professional. The Service Provider will not be liable for any consequences, including any damages or financial loss of any nature, howsoever arising, because of any such decisions.

(j) YOU WILL NOT HOLD THE SERVICE PROVIDER, ITS AFFILIATES, OR ANY THIRD-PARTY SERVICE PROVIDER LIABLE OR RESPONSIBLE FOR ANY POSSIBLE CLAIM FOR DAMAGES OR LOSS (INCLUDING ANY INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) CAUSED OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, FROM THE INFORMATION OR MATERIAL ASSOCIATED WITH THE PROFILE TEST, OR ANY DECISION YOU MAKE BASED THEREON.

(k) The Profile Test is not approved to be used as a psychological test, or similar assessment, as contemplated in Section 8 of the Employment Equity Act (Act 55 of 1998). You agree that the Profile Test will not be used in any employment or recruitment context.

(l) The Profile Test has not been reviewed, approved, or certified by the Psychological Society of South Africa, the Society for Industrial and Organisational Psychology, the People Assessments in Industry Group, the South African Association of Test Publishers, the International Test Commission, or the Assessment Standards of South Africa evaluation body. You agree that the Profile Test will not be used as a substitute to any test as approved by the aforementioned regulatory bodies.

(m) The Profile Test and any associated results or opinions provided in the context of the Profile Test do not constitute any “psychological act”, as described in the Health Professions Act 56 of 1974 (the “HPA”).

(n) The Service Provider is not registered with the Health Professions Council of South Africa as a “health practitioner”, as described in the HPA. The Service Provider is not, nor is the Service Provider representing itself as a medical professional, physician, psychiatrist, psychologist, therapist, or counsellor.

3.) INDEMNIFICATION

YOU HEREBY FULLY AND COMPLETELY HOLD HARMLESS, INDEMNIFY, AND RELEASE THE SERVICE PROVIDER AND ANY OF ITS AGENTS, CONSULTANTS, AFFILIATES, PARTNERS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, STAFF, TEAM MEMBERS, OR ANYONE OTHERWISE AFFILIATED WITH THE SERVICE PROVIDER FROM ANY AND ALL CAUSES OF ACTION, ALLEGATIONS, CLAIMS, DAMAGES, OR DEMANDS WHATSOEVER, IN LAW OR EQUITY, THAT MAY ARISE IN CONNECTION WITH YOUR PARTICIPATION IN THE PROFILE TEST.

4.) NO WARRANTIES

THE SERVICE PROVIDER MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PROFILE TEST, INCLUDING ANY ASSOCIATED RESULTS, CONTENT, INFORMATION, OR MATERIALS. TO THE FULL EXTENT PERMISSIBLE BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED.

5.) CONFIDENTIALITY

5.1) The Service Provider will treat your participation in the Profile Test and your results of the Profile Test as confidential information (“Confidential Information”) and, unless required by law, will not make such Confidential Information available to any third party or use such Confidential Information for any other purpose other than in connection with the Profile Test provided to you.

5.2) Confidential Information shall not be deemed to include information that:

(a) is or becomes publicly known, other than through any act or omission of the Service Provider;

(b) was in the Service Provider’s possession before the disclosure;

(c) is lawfully disclosed to the Service Provider by a third party without restrictions on such disclosure; and

(d) is required to be disclosed by law or by any court of competent jurisdiction.

6.) USE OF PROFILE TEST RESULTS

The Service Provider may use your Profile Test results in an anonymised and aggregate format to improve future versions of the Profile Test, as more fully described in the Service Provider’s Privacy Notice.

7.) UPDATES TO THESE TERMS

The Service Provider reserves the right to amend and update these Profile Test Terms from time to time.