Terms of Use


Thank you for choosing Herrmann.  Please read these terms and conditions (Terms of Use) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Herrmann Platform, you agree to comply with and be bound by these Terms and Conditions. If you have any questions please contact [email protected]

This website is operated by Herrmann (us, our or we). We offer this website, including all information, tools and services available from this site to you conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Sites, you engage in our Services and agree to be bound by the following Terms of Use, including those additional terms and conditions and policies referenced in these Terms of Use and/or available by hyperlink.

The use of the Sites on any Device is subject to these Terms of Use and our Privacy Policy. and any other additional terms, conditions, policies, rules, disclaimers and notices displayed by us elsewhere on the Sites and as amended by us from time to time. By using our Sites you also agree to be bound, where applicable, by the terms and conditions contained on the Axon platform.

These Terms of Use are binding on any use of our Sites or our Technology on any device and apply to all users of the Sites and Technology including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Our collection and use of personal information in connection with your access to and use of the Herrmann Platform is described in our Privacy Policy.

Our work for you

Herrmann will provide the Services to you in accordance with your instructions. Our Services include all products and services offered in connection with the HBDI® assessment, including, without limitation, all processing, consulting, analysis, training, certification and similar services and the Technology.

Your obligations

You must ensure that, where applicable:

  • all personnel are trained appropriately;
  • all personnel are provided with the necessary information and access to deliver our Services;
  • you will cooperate with us and act in good faith to assist and enable us to provide our Services; and
  • respect and keep confidential (and do any other things we reasonably require from time to time) to protect or confirm our ownership of the Protected Information;
    • if requested by us, warrant (in writing) that you are complying with your obligations under these Practitioner Terms;
    • protect the right of the individual – you agree that, under no circumstance will any individual’s HBDI® Profile information be disclosed, or made available in any manner, to anyone other than certified practitioners without the consent of the individual recipient of the profile;
    • take all reasonable safeguards for the proper use of the Protected Information and protection of privacy in accordance with the appropriate laws governing such information;
    • agree not to modify or duplicate existing materials, design new materials, or use logos, company and product names, trade names and software without the prior written consent from us;
    • agree not to distribute materials in any medium (for example, instructive or marketing related) concerning HBDI® technology other than the Technology covered by these Practitioner Terms without prior written consent from us.

Intellectual Property

    You acknowledge that we grant you a non-exclusive, royalty-free, non-transferable, fully revocable licence to use all Licensed IP for the sole and direct purposes of using the Herrmann Platform, providing Assessments and using the Technology.

    Any content featured on or displayed on the Technology, HBDI Profile and Debrief and the Sites, including but not limited to graphics, headers, logos, icons, trademarks, text, graphics, designs, photographs, images, sound, audio, music, video, illustrations, data compilations, software, the Licensed IP and all Intellectual Property Rights contained therein (our content), is owned by us, our affiliates, partners, licensors and/or content providers (as the case may be).  You acknowledge and agree that:

    • our content is and remains the exclusive property of us, our affiliates, partners, licensors and/or content providers (as the case may be);
    • you are permitted to access our content on the Sites and via the Technology in accordance with these Terms and subject to all applicable legislation governing intellectual property, including but not limited to, the Copyright Act 1968 (Cth);
    • your use of our content does not grant you any rights in relation to any copyright, designs, trademarks or other intellectual property or material rights relating to the Services, the Technology and any of the content on the Sites, other than using the Licensed IP in accordance with the terms set out in these Terms of Use;
    • you will not modify, copy, duplicate, distribute or redistribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, sell or reuse any aspect of the Services, the Technology and the Sites or our content without our express written authorisation; and
    • you will not directly or indirectly do anything that would or might invalidate or put in dispute our title in the Herrmann Platform, the Technology and the Sites.
    • all Intellectual Property discovered or coming into existence as a result of, for the purpose of, or in connection with, the use and exploitation of Licensed IP, the Technology and the Hermann Platform, and as part of providing the Services, will be vested in us;
    • Assessment Results belong solely to the Thinkers to whom they pertain. Profile Reports are confidential, and Thinkers are not required to share their Profile Reports with you or anyone else. Notwithstanding this, all Thinkers who participate in shared pair profiles, team profiles or other group activities will have access to reports summarising the group members’ Assessment Results.

    Notwithstanding the above, Certified Practitioners will have access to the Profile Reports of the Thinkers they work with, and Herrmann may make Thinkers’ Profile Reports accessible to a Certified Practitioner if appropriate consents are first obtained from the Thinkers.

    If any person makes any claim alleging that any of the Licensed IP, Sites, Services or Technology infringe any Intellectual Property Rights, you must:

    • promptly notify us in writing; and
    • cooperate with, assist and act at all times in accordance with our reasonable instructions in relation to the claim and any consequent investigations, negotiations, settlement and dispute resolution proceedings.

    Account Registration

      You must register an account (Herrmann Account) to access and use certain features of the Herrmann Platform. If you are registering a Herrmann Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity.

      You must provide accurate, current and complete information during the registration process and keep your Herrmann Account up-to-date at all times.

      We will send all communications to the address you nominate. Therefore, it is essential you keep all contact and address details current. We may communicate with you by email.

      You may not register more than one (1) Herrmann Account unless we authorise you to do so. You may not assign or otherwise transfer your Herrmann Account to another party.

      You are responsible for maintaining the confidentiality and security of your Herrmann Account credentials and may not disclose your credentials to any third party. You must immediately notify us if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorised use of your Herrmann Account. You are liable for any and all activities conducted through your Herrmann Account unless you do not authorise such activities, and you are not otherwise negligent (such as failing to report the unauthorised use or loss of your credentials).

      Invoicing and payments


      You must pay our fees within 14 days of receiving a tax invoice from us unless the payment terms provide otherwise on the invoice. The payment of the fee constitutes full payment for the provision of the relevant Products and Services.

      If your account is on COD terms, you must pay us all monies owed before we will supply you with the ordered Products and Services.

      You acknowledge that certain credit card payments or bank transactions may attract a surcharge, transaction fee or other charge. You acknowledge and agree that we may charge you an amount equal to this cost imposed on us (if any). You are also responsible for the payment of any fees, charges or costs in relation to any exchange rate applicable.

      Unless otherwise stated, payment obligations are non-cancellable and any fees paid are non-refundable.

      Automatic Payments

      An Automatic Payment is a payment that we will automatically charge directly to your nominated credit card upon the due date of the tax invoice. You have the option to select Automatic Payments by choosing payment via Credit Card on a transaction. If not previously saved in your My Account, you will be required to provide your credit card details to us at the time of the transaction.

      You can update or change your credit card details at any time in My Account.

      Subject to the other terms of this Agreement, you hereby expressly consent to, authorise and instruct Herrmann to deduct the Automatic Payment from your nominated credit card for the tax invoice amount on the due date stipulated in the applicable tax invoice. You acknowledge that you are giving us the ability to collect our fees automatically when they become due and payable.

      You are responsible for ensuring that you have sufficient funds in your credit card available to make Automatic Payments on the due date specified in the tax invoice. You are liable for any fees or charges imposed by your nominated credit card. You hereby consent to us attempting to process the payment again if it is not successfully processed on the due date.

      If an Automatic Payment fails (for example, if your nominated credit card is a card that has expired), interest may apply unless you otherwise make payment immediately upon request or provide us with updated credit card details.

      Certification Workshop Bookings

      • Your workshop registration is not confirmed until FULL payment is received.
      • If your payment is not received before the ‘Getting Started Session’, you cannot attend and will be deferred to the next available workshop.
      • Full payment is due by the invoice due date.
      • Deferrals and cancellations are permitted until 15 days before your scheduled workshop’s ‘Getting Started Session’. There will be no fee for this.
      • Deferrals less than 14 days before the ‘Getting Started Session’ and at any time throughout the program will incur a rebooking fee of 25%. This will be invoiced when rebooking.
      • Cancellations between 7 and 14 days before the ‘Getting Started Session’ will incur a fee of 25%. If the invoice is paid, this will be deducted from any refunds.
      • Cancellations 6 days or less before the ‘Getting Started Session’ will not be refunded.
      • Your status as a Certified Practitioner will not be active until your invoice is fully paid.

      Last-Minute Engagements

      If we are requested to provide a Product and/or Service (including the provision of a “Herrmann Direct Workshop”), and that request is made within seven (7) days or less from the Engagement Date, that request is deemed to be a “Last Minute Engagement”.

      If a Last Minute Engagement arises, you must immediately pay us a non-refundable deposit equal to 50% of the total Products and/or Services to be provided to you. We will not start any work in relation to the Products and/or Services (including sourcing appropriate practitioners) until we receive the relevant deposit amount or you provide us with evidence demonstrating that the deposit has been paid. The balance of any amount owing for the Products and/or Services will be payable in accordance with our standard terms of payment.


      If you choose to cancel a Last Minute Engagement prior to us providing the Products and/or Services, the deposit will not be returned to you.

      If you cancel any other engagement with us ten (10) days or less from the scheduled Engagement Date, then you will pay us 50% of the fees for the Products and/or Services that would have been provided had you not otherwise cancelled. Any amount owing in relation to a cancelled engagement will be due and payable in accordance with our standard terms of payment (and as set out in our Tax Invoice issued to you).


      You will reimburse us with any out-of-pocket expenses which are reasonably incurred in providing Products and Services subject to us:

      • first obtaining the approval for the expenditure from you; and
      • when claiming an expense, producing documentary evidence satisfactory to you.

      No set-off

      In the event of a payment dispute:

      • you may not set off, deduct or withhold payment of the fee on any basis; and
      • if you dispute the whole or part of any claim by us for payment, then you must pay the amount claimed by us and initiate the dispute resolution process in relation to any amount disputed.

      Late Payments & Interest

      If our account remains unpaid, or you do not pay money in advance that we have requested, we may stop work until we are paid and impose interest on the unpaid amount at the rate of 10% per annum (calculated on a daily basis).

      A failure to comply with the payment terms is deemed to be a material breach of these Terms.

      If you default in payment of the fee or any other amount owing to us, we may, at our absolute discretion, initiate legal proceedings against you to recover:

      • the unpaid fee;
      • interest at the pre-judgment interest rate which applies at the time, which will accrue from the date on which the amount becomes due up until the date on which the amount is paid in full by you;
      • our costs (including legal costs on a solicitor-client basis) and expenses incurred as a result of your default and in enforcing the Terms, or such quantum adjudicated by a court of competent jurisdiction,

      without giving notice and without affecting any other right that Herrmann has under these Terms or at law.



      In this clause, the expressions Consideration, Recipient, Supply, Tax Invoice and Taxable Supply have the meanings given to those expressions in the Goods and Services Tax Act 1985 (GST Act) and GST means goods and services tax chargeable in accordance with the GST Act.

      Unless otherwise expressly stated, all prices or other sums payable or Consideration to be provided under or in accordance with these Terms are exclusive of GST.

      Payment of GST:

      • If GST is imposed on any Supply made under or in accordance with these Terms, the Recipient of the Taxable Supply must pay to the Supplier an additional amount equal to the GST payable on or for the Taxable Supply, subject to the Recipient receiving a valid Tax Invoice in respect of the Supply at or before the time of payment.
      • Payment of the additional amount must be made at the same time as payment for the Taxable Supply is required to be made in accordance with these Terms.

      If the amount of GST recovered by the Supplier from the Recipient of the Supply differs from the amount of GST payable at law by the Supplier in respect of the Supply, the amount payable by the Recipient of the Supply to the Supplier will be adjusted accordingly. If subdivision 38-E of the GST Act applies, then any Supply to a non-resident recipient will be GST-free.

      Dispute Resolution

      We are committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process:

      • an informal negotiation directly with us, and
      • if, 30 days after the date the dispute arises we fail to settle the dispute, a referral to mediation, with a mediator chosen by both of us.

      If the Parties cannot agree on the identity of the mediator or the location and date, and time of the mediation, the Parties will request the president for the time being of the Law Society of New South Wales to nominate a mediator and the location and date and time of the mediation.

      The cost of the mediator and the mediation (apart from each Party’s legal costs) will be borne equally between the Parties to the dispute.

      If the Parties fail to resolve the dispute by mediation in accordance with this section, then the Parties are free to institute legal proceedings through the Courts.

      You agree to cooperate and act in good faith. Neither party will disparage or denigrate the other.

      You must not make any public statements in relation to a dispute without the prior written consent of Herrmann. You acknowledge the importance of maintaining public confidence in the integrity of the 9Herrmann Platform and the Products and Services provided.

      This clause will survive any termination of these Terms and will continue to apply even if you stop using the Herrmann Platform or your Herrmann Account is terminated.

      Confidential Information

      Each Party (Receiving Party) receiving, possessing or otherwise acquiring Confidential Information of any other Party (Disclosing Party) acknowledges that the Disclosing Party’s Confidential Information is the property of, confidential to or a trade secret of the Disclosing Party.

      Confidential Information means all information belonging or relating to a Party, whether oral, graphic, electronic, written or in any other form, that is:

      • or should reasonably be regarded as confidential to the Party to whom it belongs or relates; or
      • not generally available to the public at the time of disclosure other than by reason of a breach of this Agreement.

      The Receiving Party must:

      • keep the Disclosing Party’s Confidential Information confidential and not directly or indirectly disclose, divulge or communicate that Confidential Information to, or otherwise place that Confidential Information at the disposal of, any other person without the prior written approval of the Disclosing Party;
      • take all reasonable steps to secure and keep secure all the Disclosing Party’s Confidential Information coming into its possession or control;
      • use all reasonable endeavours to ensure that any third party receiving Confidential Information from it does not disclose that information except in the circumstances permitted within these Terms;
      • only use the Confidential Information of the Receiving Party to the extent necessary to perform its obligations under these Terms;
      • not memorise, modify, reverse engineer or make copies, notes or records of the Disclosing Party’s Confidential Information for any purpose other than in connection with, and to the extent required for, the performance by the Receiving Party of its obligations under these Terms; and
      • the Receiving Party will indemnify the Disclosing Party and its personnel (if any) against any loss or damage suffered by the Disclosing Party as a result of a breach of any of the obligations of confidentiality contained in these Terms.

      The obligations of confidentiality listed above do not apply to any information that is:

      • or becomes generally available to the public (other than by reason of a breach of these Terms);
      • required to be disclosed by law; or
      • disclosed for the purposes of obtaining legal or accounting advice regarding these Terms.

      The Receiving Party must, on the request of the Disclosing Party, immediately deliver to the Disclosing Party all Confidential Information which is in its possession, power or control, or in the possession, power or control of persons who have received Confidential Information from the Receiving Party.

      The provision of these Terms regarding Confidential Information will be in addition to and not in derogation of any of the common law rights of the Disclosing Party with respect to the Confidential Information.


      Termination with Notice

      We may, by giving 30 days notice in writing to your nominated email address, terminate our agreement with you and/or stop providing access to the Herrmann Platform for any reason whatsoever.

      Termination without Notice

      We may immediately, without notice, terminate our agreement with you and/or stop providing access to the Herrmann Platform if you have materially breached your obligations under these Terms, the Practitioner Terms or our Privacy Policy.

      Consequences of Termination

      If our agreement with you is terminated, you will be liable to pay any outstanding invoices and other amounts payable under these Terms of Use in respect of Products and Services provided by Herrmann up to and including the date of termination, subject to receipt of an invoice from us.

      When the agreement has been terminated, you are not entitled to a restoration of your Herrmann Account. If your access to or use of the Herrmann Platform has been limited or has been suspended or we have terminated our agreement with you, you may not register a new Herrmann Account or access and use the Herrmann Platform through a Herrmann Account of another user.

      If you or we terminate the agreement, the clauses of these Terms of Use that reasonably should survive termination will remain in effect.

      Force Majeure

      If a Party to this Agreement is affected by a Force Majeure Event, that Party must promptly give the other Party written notice of that fact, including:

      • reasonable particulars of the Force Majeure Event;
      • details of the obligations affected by it and the extent to which they are affected;
      • an estimate of its likely duration; and
      • the steps taken to rectify it.

      Subject to the requirements set out below, if a Force Majeure Event occurs, the obligations under this Agreement of the Party giving the notice are suspended to the extent to which they are affected by the Force Majeure Event, for the duration of the Force Majeure Event.

      A Party who has given notice of a Force Majeure Event under this clause must:

      • use its reasonable endeavours to remove, overcome or minimise the effects of that Force Majeure Event as quickly as reasonably possible; and
      • keep the other Party regularly informed as to the steps or actions being taken to achieve this.

      If a Force Majeure Event continues for more than fifteen (15) consecutive Business Days, any Party may terminate this Agreement by giving written notice to the other Party in accordance with the Termination section of these Terms.

      Remedies for breach

      If you use (or permit another person to use) the Technology or the Herrmann Platform in breach of these Terms of Use, all profit, other rights or benefits accruing to the person as a consequence are:

      • to the account of and are to be held on trust for us by you; and/or
      • payable by you to us, as if held on trust on your behalf by the third party.

      Limitation of liability

      If you choose to use the Herrmann Platform (including your use of the Technology and the HBDI® Profile and Debrief), you do so voluntarily and at your own risk. The Herrmann Platform is provided “as is”, without warranty of any kind, either express or implied.

        Due to the nature of the internet, Herrmann cannot guarantee the continuous and uninterrupted availability and accessibility of the Herrmann Platform. Herrmann may restrict the availability of the Herrmann Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Herrmann Platform. Herrmann may improve, enhance and modify the Herrmann Platform and introduce new Herrmann Services from time to time.

        You are responsible for all equipment, operating systems, networks, software and internet service providers that it uses or may use to access the Products, Services, Herrmann Platform or the Technology, including the maintenance, upkeep, repair and performance of that equipment and systems and you do not make any representations, statements or warranties whatsoever, either expressly or implicitly, that your equipment, operating systems, networks, software and internet service providers are fit for purpose to use or access the Herrmann Platform.

        The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law. A Party’s liability for any claim in connection with these Terms will not extend to any indirect or consequential loss.

        Your sole remedy for a defective provision of the Products and Services to you under an Order shall be the correction of such deficiency. If we cannot substantially correct the deficiency in a commercially reasonable manner, you may end your use of the deficient Product or Service, and we will refund you any fees relating to such deficiency that was pre-paid for the period following the effective date of termination.

        Release and indemnity

        You agree to release us and our owners, directors, employees, agents and representatives (Herrmann Indemnified Parties) from all claims that you (or anyone claiming through or for Herrmann) have or may at any time have in relation to your use of the Technology.

        You agree to indemnify Herrmann Indemnified Parties against any action, liability, claim, loss, damage, proceeding, expense (including but not limited to legal costs) suffered or incurred by us, whether directly or indirectly, in connection with:

        • third party Intellectual Property Rights infringement claims arising in connection with such Herrmann Indemnified Parties’ use of Client Works in any manner permitted under these Terms or any other agreement between us and you on an applicable Order;
        • your breach or non-observance of any of these Terms, the Practitioner Terms and Conditions or the Privacy Policy;
        • any breach or inaccuracy in any of your representations or warranties;
        • your use of the Sites, the Herrmann Platform or the Service;
        • your use or access of the Sites or the Herrmann Platform;
        • any Data submitted by you;
        • your use of the Assessments or Profile Reports in any manner prohibited under these Terms or any other agreement between you and us.
        • our possession, processing, use or other handling of the Data or related Data, documentation or records;
        • our refusal to provide any person access to your information or Data in accordance with these Terms; and
        • us making available information or data to any person with your authorisation.

        Nothing in these Terms is to be read or applied so as to exclude, restrict, modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law and which by law cannot be excluded, restricted or modified.

        General Provisions

        Legal Relationship

        Nothing in this agreement creates (or may be construed as creating) a relationship of employment, independent contractor, agency or partnership between the Practitioner and Herrmann.

        You do not have any authority to act for or assume any obligation, liability or responsibility on behalf of us, and you must not purport to do so.

        These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

        Variation of Terms

        We reserve the right to change, modify, add or remove portions of these Terms of Use at any time without notice to you, effective upon posting it on the Site.  By continuing to use or access the Services and the Technology following any changes to these Terms of Use, you signify that you have read, understood and agree to be bound by the updated Terms of Use.

        Entire Agreement

        Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Herrmann and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Herrmann and you in relation to the access to and use of the Herrmann Platform.


        If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

        No Waiver

        Herrmann’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.


        You may not assign, transfer or delegate any part of these Terms and your rights and obligations hereunder without our prior written consent.


        Unless specified otherwise, any notices or other communications permitted or required under this Agreement will be provided electronically and given by Herrmann via email, Herrmann Platform notification, or messaging service (including SMS). The date of receipt will be deemed the date on which Herrmann transmits the notice.

        Governing Law and Jurisdiction

        These Terms shall be construed in accordance with and shall be governed by the laws in force in the Jurisdiction.

        Each of the Parties irrevocably submits to and accepts the exclusive jurisdiction of the Courts of the Jurisdiction.


        For the purposes of these Terms, the following capitalised terms have the meanings indicated:


        Active Statusmeans the status of being an active Herrmann certified Practitioner as issued by Herrmann.
        Assessmentmeans the Herrmann Brain Dominance Instrument® (HBDI®) assessment, Herrmann Team Effectiveness Dashboard, Herrmann ROI® Assessment, Herrmann Text Profiler, and other diagnostic and data gathering tools delivered by Herrmann for the purpose of measuring the cognition, behaviour or biases of Thinkers and any other assessment instruments that Herrmann may deliver to the Client in connection with the Services or this Agreement, whether delivered as paper-based forms, via the Herrmann Platform, or in any other medium or format.
        Assessment Resultsmeans the scores and other outputs resulting from a Thinker’s responses to Assessment questions.
        Certification workshopsmeans Certification workshops conducted by Herrmann for the purposes of training people to become certified “Herrmann Whole Brain Practitioners”, as organised by Herrmann from time to time.
        Certified Practitionermeans a person certified by Herrmann to administer Assessments and to deliver Profile Reports.
        Client Sessionmeans any client session or other situation in which a Practitioner uses the Technology. This includes consultation, instruction, participant education and feedback.
        Datameans any data inputted by you or with your authority through the use of the Herrmann Website or Services and includes, without limitation, data owned or supplied by you or data which may otherwise be generated, compiled, arranged or developed by you in using the Services.
        Devicemeans any type of device including a computer, mobile phone, tablet or console that enables you to access and use the Sites, Services and Technology.
        Engagement Datemeans the date that we are to provide Services.
        Force Majeure Event

        means any act, event or cause, other than a lack of funds, which:

        (a)        directly or indirectly results in a Party being prevented from or delayed in performing any of its material obligations under this Agreement; and

        (b)        is beyond the reasonable control of that Party.


        means any type of form that may be:

        • issued by Herrmann to Practitioners; and
        • processed by Herrmann (or its nominee);

        for the purposes of providing the Services or applying the Technology.

        HBDI Profile and Debriefmeans the individual HBDI Report is printed and packaged in the correct folder with the HBDI Interpretation Book with an appropriate Debrief from a Certified Practitioner. Users of HBDI interactive may receive this in a virtual format instead as part of a blended learning experience.
        Herrmannmeans Herrmann International Asia Pty Ltd ACN 069 721 384, Herrmann International NZ Limited NZBN 9429034280447 and Herrmann International Singapore Pte Ltd UEN 201109592D (as the relevant case may be).
        Herrmann Platformmeans Herrmann’s systems and software for administering Assessments and delivering Products and Services, including the use of the Technology.
        Intellectual Propertymeans all copyright (including moral rights), patents, registered and unregistered trademarks (including service marks), registered and unregistered designs, Confidential Information, circuit layout, inventions, trade secrets and know-how and all other intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation of July 1967.
        Intellectual Property Rights

        means all rights (whether created before, on or after the date of this Subscription Agreement and whether registered or unregistered) in respect of copyright (including future copyright), trademarks, patents, designs, protection of confidential information, circuit layout, inventions, know-how, product or business concepts and any other identifiable result of intellectual endeavour, whether arising under statute or otherwise.

        Jurisdictionmeans the State of New South Wales and the Commonwealth of Australia, the country of New Zealand or the country of Singapore (as the relevant case may be).
        Licensed IPmeans the Intellectual Property and Intellectual Property Rights relating to the business of Herrmann, other trademarks, websites and domain names, the Technology, operational and sales systems, procedures, manuals, policies, checklists, information lists, packaging and labelling, characters and symbols, and graphic designs and any other items agreed to be provided by Herrmann to the Associate Trainer pursuant to the terms of this Agreement from time to time.
        Ordermeans a client’s purchase order, a mutually agreed statement of work in the form set out in the “Subscription Agreement”, or any other relevant document.
        Practitionermeans a person verified as a practitioner by Herrmann and is the certified practitioner accepting this agreement.
        Practitioner Terms and Conditionsmeans the terms and conditions provided to Practitioners upon their registration of a new account with Herrmann as updated from time to time.
        Profile Reportsmeans any report generated by Herrmann, or by a person authorized by Herrmann, based on one or more Thinkers’ Assessment Results, whether delivered as paper-based forms, via the Herrmann Platform or in any other medium or format.
        Privacy Policymeans the privacy policy published on our Sites and as updated from time to time.
        Protected Informationmeans any information of a confidential nature in any way relating to the Services and the Technology.
        Productsmeans the products provided by Herrmann as described in an Order.
        Representativemeans an entity appointed by Herrmann to act on its behalf.
        Servicesmeans any and all of the services provided by Herrmann, including any services provided through the Herrmann Platform, the Technology and Sites.
        Sitesmeans this website operated by Herrmann as updated from time to time, any Forms used by us, our apps and any of our content on social media sites.

        means Whole Brain Technology®, the essence of which involves employing the ‘Herrmann Brain Dominance Instrument®’ (or ‘HBDI’) to measure, evaluate and analyse preferred methods of thinking. Technology includes:

        • all elements of the HBDI, the HBDI Pair Profile and the HBDI Team Profile
        • HBDI Fundamentals and HBDIinteractive
        • The Business of Thinking® programs and materials
        • support materials
        • resources made available online.
        Thinkermeans a person who participates in an Assessment and an applicable Order.


        In this Agreement, unless the context requires otherwise:

        1. The singular includes the plural, and the converse also applies.
        2. A gender includes all genders.
        3. If a word or phrase is defined, its other grammatical forms have a corresponding meaning.
        4. A reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity.
        5. A reference to a clause, schedule or annexure is a reference to a clause of, schedule or annexure to this Agreement.
        6. A reference to an agreement or document (including a reference to this Agreement) is to the agreement or document as amended, supplemented, novated or replaced, except to the extent prohibited by this Agreement or that other agreement or document and includes the recitals and schedules and annexures to that document to that agreement or document.
        7. A reference to writing includes any method of representing or reproducing words, figures, drawings or symbols in a visible and tangible form.
        8. A reference to a party to this Agreement or another agreement or document includes the party’s successors, permitted substitutes and permitted assigns (and, where applicable, the party’s legal personal representatives).
        9. (law) law means common law, principles of equity, and laws made by parliament (and laws made by parliament include State, Territory and Commonwealth laws and regulations and other instruments under them).
        10. A reference to legislation or to a provision of legislation includes a modification or re-enactment of it, a consolidation of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it.
        11. A reference to conduct includes an omission, statement or undertaking, whether or not in writing.
        12. A reference to dollars and $ is to Australian, New Zealand or Singapore currency (as the case may be);
        13. A reference to an agreement includes any undertaking, deed, agreement and legally enforceable arrangement, whether or not in writing, and a reference to a document includes an agreement (as so defined) in writing and any certificate, notice, instrument and document of any kind.


          If you have any questions, comments or concerns about these Terms, please contact us via email: [email protected]


          Last revised: 20 July 2022