2. Personal Information
You understand and agree that we may request access to your webcam and/or microphone during the account creation, registration, and test process to collect information to verify your identity and where applicable, proctor the Assessments. You hereby assert that such information is accurate and can be used to confirm your identity before, during and after the Assessments.
Furthermore, by using this Site, paying for and taking the Assessments, you allow us to share your Personal Information, as well as your Assessments’ answers and/or score (your written and video recorded answers, scores, results and any rater or applicant support concerns are referred to herein as (“Assessment Data”) with: (i) individuals or organizations that perform services on behalf of Acuity, including persons involved in verifying the identity of users, those involved in scoring the Assessments, and those involved in maintaining, reviewing and developing Acuity’s systems, procedures and infrastructure (including testing and/or upgrading our computer systems); and (ii) the Academic Programs. Notwithstanding the foregoing and for sake of clarity, please note that only your Assessment Data, and not your Personal Information, will be shared with individuals involved in scoring the Assessments.
Acuity’s use and disclosure of your Personal Information and Assessment Data is limited to the purposes described in this policy and Acuity does not otherwise sell, trade, barter, exchange or disclose for consideration any such information.
Acuity may issue to you a token to create an account, username (a “Username”) and password (a “Password”) to permit you to access Acuity’s online services, or any other portal access portion of the Site (each an “Account”). You are responsible for maintaining the confidentiality of the password you use in association with your Account and are responsible for all activities that occur under your Username and Password. You agree to notify Acuity immediately of any unauthorized use of your Username, Password or Account or any other breach of security. You further agree to log out and exit from your Account at the end of each session. Acuity will not be liable for any loss or damage arising from your failure to protect your Password or Account information.
You are only permitted to have one Account. When you register an Account with the Site, you agree (i) to provide true, accurate, current and complete information about yourself as prompted by any registration form, and (ii) to maintain and promptly update such information to ensure it remains true, accurate, current and complete. If Acuity has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Acuity has the right to suspend or terminate your access to all or part of the Site, and refrain from sending your Assessment Data to the Academic Programs, without further liability to you.
4. Handling of Information
You understand and agree that both your Personal Information and your Assessment Data may be stored, handled or processed in Canada, the US or a third country, including without limitation in the country where you are located or where the Academic Programs to which you are applying are located, and such information may be transferred between any of the foregoing jurisdictions. Notwithstanding the foregoing, any such storage, handling, processing or transfer will be subject to and in compliance with all applicable laws.
Should you want your Assessment Data and/or Personal Information removed from Acuity’s systems, you may so request in writing. Upon receipt of your written request, Acuity shall, without undue delay, delete such Assessment Data and Personal Information, unless applicable law requires storage thereof. You understand that if your written request comes after your Assessment Data and/or Personal Information has been shared with Academic Programs, Acuity will have no control over the information already shared with such academic programs and you will have to contact them directly to have your Assessment Data and/or Personal Information deleted from their system.
5. Use of Non-Personally Identifiable Information
You understand and agree that Acuity may compile information related to your use of the Site, including but not limited to your Assessment Data, and, either alone or in collaboration with third parties, use such information for purposes of research, marketing, product development or otherwise, provided, however, that such information shall be anonymized and not retraceable to you. You further understand and agree that these activities may include combining your anonymized Personal Information with third party data, including but not limited to demographic data collected by Academic Programs. For sake of clarity, all Assessment Data and Personal Data used for purposes of research, marketing or otherwise will be used on a non-personally identifiable basis.
If you agree to participate in any of our pilot studies or testing assessments, we may access your webcam and/or microphone, and capture audio and video information and data during your participation. You hereby agree that any data or information so captured will be anonymized and may be used by Acuity for research and development purposes.
6. Fees and Payments
All Assessment fees paid to Acuity are non-refundable and only valid for the then-current admissions cycle.
Notwithstanding the foregoing, certain applicants may be eligible to receive a refund for health or compassionate reasons (e.g. death of a family member, emergency medical procedure, etc.). Under these circumstances, proper documentation from a qualified professional or institution is required. By way of clarification and example, the following do not constitute compassionate reasons and will not receive a refund:
- Change of mind or no longer having a need for Acuity Insights Assessment;
- Incorrect program selection;
- Incorrect language, admissions cycle, or Assessment selection (e.g. unintentionally reserving Acuity Insights in English instead of French);
- Forgetting about a scheduled Assessment; and/or
- No longer being considered for admission by an Academic Program.
Access to the Acuity Insights is available at the price points advertised on the Site. Acuity reserves the right to change the pricing at any time.
For all web-based purchases, all payments must be made by means of a valid credit card. Acuity accepts major credit cards including, Visa and MasterCard. Please be sure to provide the exact e-mail address, telephone number and the billing address your credit card bank has on file for you. Incorrect information may cause a delay in processing your order. If your credit card transaction is approved, and completed through our payment system, and is subsequently rejected by you or a financial institution involved in the payment process (a \”Chargeback\”), you will be charged a $50.00 Chargeback fee in the currency of your test booking to cover bank charges and associated administrative work.
Payments must be made in full before you can take the Assessment. Accounts with payable balances will prevent your results from being sent to Academic Programs you select. Furthermore, if any amounts are due on your account, you will not be allowed access to take any further Assessments until your account is brought up to date.
7. Taking the Assessment
Subject to approval of special accommodations (as set forth below), the person registering for the use of this Site must be one and the same as the person taking the Assessments; you may not allow anyone to take the Assessments in your stead, nor are you allowed to get assistance from a third party in taking the Assessments.
The Casper assessments must be completed at a pre-scheduled time, you can only reschedule a Casper assessment prior to having started the on-line examination process, so long as future applicable tests are available. Once you have started taking a Casper assessment or initiated a session, you cannot stop and complete at a later time. Casper assessments cannot be rescheduled from one admissions cycle to another.
If you have rescheduled your Casper assessment and have already completed Snapshot and/or Duet, you do not need to re-take Snapshot and/or Duet. If, however, you have not yet completed Snapshot and/or Duet, your completion deadline will be moved to coincide with your rescheduled Casper assessment date. Please note, however, that your final deadline for taking Snapshot and/or Duet will be the same as the distribution deadline for the Academic Program to which you are applying, or the earliest distribution deadline of all Academic Programs, if you are applying to multiple programs.
Additional information about the Assessments and their format may be found at https://acuityinsights.app/.
Your Assessment results and responses, where applicable, will be sent directly to the Academic Programs.
8. Assessment Results
As further set forth in Section 14 below, details of the Assessments, including your results contain proprietary intellectual property of Acuity’s and neither Acuity nor the Academic Programs may share your results or Assessment Data with you directly. However, Acuity will share with you your quartile, giving you an indication of how you have performed on the typed section relative to other applicants taking the Assessment during the same admissions cycle.
9. Monitoring; Breach; Reporting of Breach; and Ban from Future Use
You understand and agree that Acuity may, at any time and from time to time, during your Assessments, remotely monitor your access to the service to ensure compliance with the terms hereof. Such monitoring may include keystroke, audio and visual proctoring, including the use of webcam and computer microphone. Access to the devices are mandatory and lack of required device (including, but not limited to webcam and microphone) and/or denial of access to the device shall constitute grounds to deny you access to the Assessments. Said remote monitoring shall be conducted in a manner that does not unreasonably interfere with your taking of the Assessments.
In the event that the remote monitoring reveals any non-compliance with the terms of this Agreement, Acuity may in its sole discretion, and without any liability to you, stop your Assessment, cancel your reservation, and/or refrain from distributing the results of your Assessment to the Academic Programs. Furthermore, in the event that Acuity, in its reasonable discretion, believes that you are taking a Assessment for the purpose of scraping content, disclosing any Assessment content publicly or privately, otherwise cheating on, or getting or giving others an unfair advantage on the Assessment, Acuity may block your use of the Site and/or the Assessment and/or refrain from distributing the results of your Assessment without further liability to you.
Scorers of the Casper Assessment may from time-to-time flag certain inappropriate or unusual responses as ”Red Flags”. Acuity may at its sole discretion send such Red Flags to the Academic Programs. Acuity may also, at its sole discretion, share other information collected through your access or use of the Site, such as communications with applicant support, concerns about your identity, or any suspected breach of these Terms and Conditions, with the Academic Programs.
In the event of breach of these terms and conditions, and in addition to any other action permitted hereunder, Acuity may, at its sole reasonable discretion, block your access to the Assessments. The duration of this block will be based on the severity of the action or breach and may be either (i) for the remainder of the admissions cycle, (ii) for up to five (5) years from the time that Acuity discovers the breach, or (iii) in perpetuity. Acuity’s decisions in this regard shall be final and non-appealable. Acuity reserves the right to share its decision with the Academic Programs without any notification or liability to you.
10. Special Accommodations and Requests
If you require special accommodations for any Assessment, a formal request (Accommodations Request Form) together with supporting documentation must be provided at least three (3) weeks in advance of your scheduled Casper Assessment date. The formal request and supporting documentation must be sent via email to email@example.com, or through a secure upload link provided by the Acuity Support team.
The Accommodations Request Form and additional information on our accommodation review process and policy is available through our Accommodations FAQ page at acuityinsights.app/, as well as in the Acuity Insights Suite Accommodations Policy and Process document.
All documents submitted through the accommodation process are strictly confidential and will only be used to determine accommodation decisions. Your accommodation status will not be shared with the Academic Program(s) to which you have applied, or to anyone evaluating your Assessments.
Requests to retake any of the Assessments will be considered only in the event of a technical problem, as verified by the Acuity proctoring and security team; otherwise, there are no retakes. Applicants may take the components of Acuity Insights for the same testing category only once per admissions cycle.
You are encouraged to reach out to the Acuity Support team immediately in the event of a technical issue occurring during an Assessment. This will allow for the situation to be assessed and possibly corrected so that testing may continue. You must report any technical problem and the related request to retake an Assessment no more than one (1) week following the actual Assessment date. Any request received after one (1) week will be denied.
You are responsible for ensuring that your testing setup (equipment, technology, and environment) meets the necessary technical requirements. If you experience a technical issue during your Assessment due to improper testing setup, the retake request may be denied.
If Acuity, at its sole discretion, determines that an Assessment was impacted due to a technical issue and a need for a retake is valid, it will make every attempt to provide a suitable solution (i.e., assist you in rescheduling a retake for the Assessment component). However, Acuity cannot guarantee that another date and time will be available.
Applicants may not request a rescore of any of the Assessments.
11. Limited License
Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable and non-exclusive license to access, view and use the Site and the Site Content for your personal, non-commercial use. You may not copy and/or re-post items comprising the Site Content online, or otherwise. You must abide by any additional requirements governing the use of any specific Site Content that may be set out in the Site. In the event of a conflict between the terms of a license governing specific Site Content and this Agreement, the terms of the specific license shall govern.
12. Prohibited Use
Without limiting the generality of any other terms contained in this Agreement, you cannot use the Site or Site Content for any purpose that is unlawful or prohibited by this Agreement. Furthermore, you cannot engage in any activities that could damage, disable, or impair any Acuity server or interfere with any other party’s use of the Site or Site Content. You cannot attempt to gain unauthorized access to any services, other accounts, computer systems or networks connected to any Acuity service or any Site Content. You cannot collect content or information or otherwise access our Site using automated means (such as harvesting bots, robots, spiders, or scrapers).
Certain words, phrases, names, designs or logos used on the Site may be protected as trademarks, service marks or trade names of Acuity or other entities. Without limiting the foregoing, Acuity Insights, Casper, Snapshot and Duet are trademarks of Acuity. Nothing contained on this Site should be construed as granting any license or right to use any trademark, logo, or design displayed on this Site without the express written permission of Acuity or its licensors.
14. Intellectual Property Rights and Confidentiality
The Site Content is protected by copyright law and is owned by Acuity and its licensors. Except as granted in the limited license herein, any use of the Site Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Site or of the Site Content, whether in whole or in part, is prohibited without the express prior written consent of Acuity. Without limiting the generality of the foregoing, you understand and agree that the Assessments and other information on the Site are proprietary, and constitute confidential intellectual property and trade secrets of Acuity, and you may not share, convey or otherwise disclose the details or contents of the foregoing to any third party, publicly or privately. You further understand and agree that since as details of the Assessments are confidential intellectual property and trade secret of Acuity, neither Acuity nor the Academic Programs may share your results or Assessment Data with you directly.
The Site contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Acuity of any third-party website or the contents thereof. Unless expressly stated, Acuity does not operate any third-party website linked to the Site and is not responsible for the content of any third-party website, nor does it make any representation, warranty or covenant of any kind regarding any third-party website including, without limitation, (i) any representation, warranty or covenant regarding the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party websites, (ii) any representation, warranty or covenant regarding the merchantability and/or fitness for a particular purpose of any third-party websites or material, content, software, goods, or services located at or made available through such third-party websites, or (iii) any representation, warranty or covenant that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from viruses or other harmful components.
While Acuity encourages links to the Site, it does not wish to be linked to or from any third-party website which contains, posts or transmits any unlawful or indecent information of any kind, including, without limitation (i) any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national, international law or regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of Acuity, or (ii) any website which contains, posts or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. Acuity reserves the right to prohibit or refuse to accept any link to the Site, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Site upon the request of Acuity.
16. Communication with Academic Programs
Acuity takes reasonable measures to secure communications from and with this Site. However, information sent or received over the Internet can be compromised despite such measures. Acuity cannot guarantee the security or confidentiality of any communication to or from the Site.
18. Modification to Site
Acuity reserves the right any time, and from time to time, to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice to you. Acuity shall have no liability to you or any third party for any modifications, suspension or discontinuance of the Site or any part thereof.
19. Exclusion of Warranties
WHILE ACUITY MAKES EVERY EFFORT TO MAINTAIN ACCURATE AND UP TO DATE INFORMATION ON THE SITE, NO REPRESENTATIONS OR WARRANTIES ARE MADE CONCERNING THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE SITE CONTENT OR SERVICES. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SITE. THIS SITE, AND THE SITE CONTENT, AND ANY PRODUCTS OR SERVICES MADE AVAILABLE ON THIS SITE ARE PROVIDED, EXCEPT AS OTHERWISE SET OUT IN WRITING, ”AS IS” AND ”AS AVAILABLE”. ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE DISCLAIMED. THE SITE CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE ON THIS SITE MAY BE CHANGED WITHOUT NOTICE. NO REPRESENTATION OR WARRANTY IS GIVEN THAT ACCESS TO THIS SITE OR ANY SITES LINKED TO THIS SITE WILL BE UNINTERRUPTED, THAT THIS SITE WILL OPERATE ERROR-FREE, OR THAT THIS SITE OR THE SITE CONTENT OR PRODUCTS OR SERVICES AVAILABLE HEREIN ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE OR ANY PORTION THEREOF MAY BE UNAVAILABLE AT ANY TIME.
20. Limitation of Liability
ACCESS AND USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL ACUITY, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, ARISING OUT OF YOUR ACCESS TO OR USE OF THIS SITE OR ANY CONSEQUENCES FLOWING THEREFROM. THE FOREGOING LIMITATION SHALL APPLY EVEN IF ACUITY HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NOT EVEN WILL ACUITY’ TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID TO ACUITY OR $100, WHICHEVER IS LESS.
ACUITY ALSO EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD-PARTY USER, INCLUDING ACADEMIC PROGRAMS, OF THE SITE, OR ANY ADVERTISER OR SPONSOR OF THE SITE (COLLECTIVELY, “THIRD-PARTY”). UNDER NO CIRCUMSTANCES SHALL ACUITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES), OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY, AND (II) ANY ACCESS, USE, RELIANCE UPON OR INABILITY TO USE ANY MATERIALS, CONTENT, GOODS OR SERVICES LOCATED AT, OR MADE AVAILABLE AT, ANY WEBSITE LINKED TO OR FROM THE SITE, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF ACUITY KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify Acuity and each of its respective officers, directors, employees and agents from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including without limitation reasonable legal fees and disbursements, resulting directly or indirectly from: (a) your breach of any of these Terms and Conditions; (b) the use of your Account; (c) your access to or use of this Site or any website to which this Site is or may be linked from time to time; (d) your use of, reliance on, or publication, communication or distribution of anything on or from this Site; or (e) your violation of any law or regulation.
Questions or comments regarding the Site should be directed by email to firstname.lastname@example.org. Notice provided by Acuity to you may be sent via email to the address provided during the registration process.
Acuity may terminate your right to use the Site and refrain from sharing your Assessment Data with the Academic Programs should you breach (as determined by Acuity in its sole discretion) these Terms and Conditions. If your breach is capable of being cured, Acuity may, in its sole discretion, give you up to thirty (30) days to cure the breach before terminating use.
As first stated above, these Terms and Conditions constitute a written agreement between you and Acuity. A printed version of these Terms and Conditions, and of any notice given in electronic form related to this Agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions. Furthermore, these terms and conditions of use shall be governed by the laws in force in the Province of Ontario, Canada without regard to the conflict of laws provisions therein. You irrevocably submit to the exclusive jurisdiction of the courts located in the Province of Ontario. Except for any written agreement with Acuity that expressly references this Agreement, this is the entire agreement between you and Acuity relating to the matters contained herein and shall not be modified except by Acuity, upon posting of updated terms on this Site. Acuity may, at any time, in its discretion, assign this Agreement to a third party. Any consent by Acuity to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach. The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement. You and Acuity agree that any cause of action arising out of or related to your use of this Site must commence within one (1) year after the cause of action arose or be forever barred. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. It is Acuity’s policy to respect the privacy of our users. Please click on the ”Privacy and Security” hypertext link located at the bottom of our web pages to view our policy.