Version: 2024V4.0
Last updated: 8 October 2024
1.1. These Terms and Conditions (Terms) are between a Registered School (you, School) and Janison Solutions Pty Ltd (ABN 35 081 797 494) C/ Automic Group, of Level 5, 126 Phillip Street, Sydney NSW 2000, Australia trading as ICAS Assessments (Janison, us and our).
1.2. Due to internal operational reasons, Janison is not able to register new home schools from 1 January 2023. To discuss alternatives available, please contact [email protected].
1.3. You must issue the Privacy Notice contained in Attachment 1 of these Terms to parents of your School before you provide us with any personal information of your students.
1.4. These Terms apply when you:
1.4.1. make a purchase directly from us, use the Test Platform, and/or use any of the following (School Purchase):
i. Reach tests;
ii. ICAS tests; or
iii. ICAS past papers (provided to you in electronic format);
OR
1.4.2. set up an account on our Parent Payment System (PPS) and direct parents of your School to pay us directly for the ICAS tests organised to be taken at your School.
1.5. In making a School Purchase or enabling a parent to pay through the PPS, you acknowledge and agree to be bound by these Terms and the Schedules to these Terms.
1.6. Some students may be eligible for an ICAS medal based on the results of their ICAS test, subject to satisfaction of the eligibility criteria set out in Schedule 1 of these Terms. All test results and certificates will be made available by Janison in digital form only on the Results Portal for viewing, download, printing and distribution.
1.7. These Terms in addition to the ICAS Terms of Use and the Janison Privacy Policy form the entire agreement between you and Janison.
1.8. We reserve the right to amend these Terms at any time. All amendments to these Terms will be posted on our website found at icasassessments.com/schools-terms-and-conditions/. You acknowledge that it is your responsibility to regularly check the Terms for updates, because it is the terms and conditions at the time of purchase of the Product that are binding on you.
1.9. If you would like to contact us, please email our ICAS Assessments customer service team at [email protected].
Access Period means the period of time during which the school will have access to the Test Platform starting from the delivery of the Product to you to the receipt of test results.
Authorised Users means an individual who you permit to access and use the Test Platform in accordance with these Terms, such as individuals invited by you and individuals under managed accounts.
ICAS Assessments Website means icasassessments.com.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Product means ICAS tests, Reach tests or ICAS past papers.
Services means the services we will provide in relation to the Product.
Sitting Period means the period of time where assessment sittings of the Products are permitted. These are published on the ICAS Assessments Website.
Test Platform means the online platform we own which will be used to deliver the Product to you.
Your Data means any data, content, Personal Information, or other materials of any type submitted, uploaded, transmitted or otherwise made available to Janison, including on or through the Test Platform by you, on behalf of another person, or any person that accesses the Test Platform on your behalf.
3.1. Our Products and Services are available at shop.icasassessments.com (ICAS Assessments Online Shop).
3.2. In order to make a School Purchase or enable the PPS, you must have an existing account in our ICAS Assessments Online Shop or create a new account. When you create your account, a code and password is provided to you. These are your login details for your account in the ICAS Assessments Online Shop. These login details are for the School’s personal use only and are not to be given to parents of your School.
3.3. Upon setting up the PPS, a unique access code will be generated that is specific to your School. You must share this access code with parents of your School for them to purchase Products for your School directly from us.
4.1. The cost of the Products are the prices listed on our ICAS Assessments Online Shop, plus any administrative fees and Goods and Services Tax (GST) that you are required to pay (Price).
4.2. Any eligible discounts to the Price will be applied at checkout, subject to your input of a relevant code or similar.
4.3. You are responsible for any administrative fees that you incur, including any fees from refund requests or additional requests made by you to us.
4.4. You may pay for your Product order via:
4.4.1. Electronic Funds Transfer (EFT); or
4.4.2. credit card (Mastercard or Visa).
4.5. If you have chosen EFT, Janison will issue you with an invoice. This invoice must be paid within 30 days of the date of issue or within 4 days prior to the start of the Sitting Period for that Product, whichever comes first.
4.6. Any variations to the Price will not affect the cost of Products already purchased.
4.7. We use the services of Shopify, a third-party payment module, to process payments for Products. You will be required to disclose personal payment information (e.g. credit card number, address, expiration date, etc.) to Shopify. Janison will not collect, process, keep or store your personal payment information. Janison recommends that you read the Shopify Privacy Policy at shopify.com/legal/privacy. Janison shall not be liable for any actions or omissions committed by Shopify.
5.1. As Janison provides Services to New Zealand customers, we are required to be registered for New Zealand GST where our Services exceed NZ$60,000.
5.2. Janison’s New Zealand GST number is 133-788-735.
5.3. For more information, visit: ird.govt.nz/gst/registering-for-gst.
6.1. If a student using a Product requires an accessibility adjustment, then an Accessibility Options Enquiry form must be completed and submitted at least 10 weeks before the start of the Sitting Period. This form can be found on our ICAS Assessments Website.
6.2. We will take all reasonable steps to accommodate any accessibility requirements notified to us in accordance with these Terms.
Your responsibility to communicate to parents
7.1. You are responsible for communicating any test dates, refund periods, changes to test dates and other relevant information related to the delivery of Products and test results to parents of your School upon receiving that information from us.
Your privacy and confidentiality obligations
7.2. It is your responsibility to ensure that:
7.2.1. any information you provide to us is in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles and that you have all relevant consents for the disclosure of any student data or personal information in accordance with that Act;
7.2.2. you provide us with any information reasonably necessary for us to supply you or your students with the Services;
7.2.3. where Janison requires additional consents from you, parents, or your students, that you obtain these so that we can deliver the Services; and
7.2.4. you issue parents of your School with the Privacy Collection Statement attached in Attachment 1 of these Terms before you provide us with any personal information of your students.
Other obligations
7.3. You agree to supervise, support, and assist in the delivery of the Reach and ICAS test products at your School in accordance with our instructions, these Terms (including the Schedules) and the ICAS Support Materials found on our ICAS Assessments Website.
7.4. When using our Products or Services, you must:
7.4.1. only use the Products and Services for the purpose of conducting the test that you have purchased;
7.4.2. ensure all students and staff of your School use the platform at all times in accordance with these Terms and the Assessments User Guide found on our ICAS Assessments Website;
7.4.3. only allow students of your School who meet our eligibility criteria to sit an assessment;
7.4.4. ensure that there is a registered teacher supervising the students of your School during an assessment;
7.4.5. ensure that any hardware or firewall restrictions do not limit you or any of your students from accessing our Products and Services; and
7.4.6. only access the Products and Services through your unique user account.
7.5. You are responsible and liable for any activity that happens on your unique user account. If Janison suspects any illegal, abusive or fraudulent activity, we have the right to refer you to the relevant authorities and exclude students at your School whose results have been affected by your activity from being eligible for ICAS medals.
Prohibitions
7.6. You must not:
7.6.1. interfere or disrupt any technological protection measures on our Test Platform;
7.6.2. combine, integrate or otherwise use the Products or Test Platform with any other application, device, system or thing if this is not contemplated for by the Assessments User Guide found on our ICAS Assessments Website unless you have written permission to do so from Janison;
7.6.3. resell, reproduce, decompile or reverse-engineer the Test Platform or the Products; or
7.6.4. disclose any code or password for your School to any other person. If a disclosure has occurred, you must let Janison know immediately.
8.1. If our ability to deliver the Services are delayed because you did not fulfil your obligations under clause 7 (Obligation Failure), Janison:
8.1.1. will be allowed to suspend your access to any part of our Services until you resolve the Obligation Failure; and
8.1.2. will be entitled to a reimbursement from you of any costs that we have incurred as a result of your Obligation Failure.
8.2. Janison will not be responsible for any of your costs or losses as a result of your Obligation Failure.
9.1. We are entitled to cancel your order for our Products or Services if:
9.1.1. the Product you have requested to purchase is no longer available;
9.1.2. there is an error in the description of the Product listed; or
9.1.3. you have not made a payment and the commencement of the Sitting Period is less than 4 days away.
9.2. If your order for our Products or Services is cancelled by us as set out in clause 9.1, we will provide you with reasonable notice and issue a refund to you.
9.3. Janison may terminate our contract with you if there is a breach of these Terms by you. Termination for your breach will not entitle you to a refund.
9.4. You are entitled to terminate our contract with you if there is a breach of these Terms by us. Termination for our breach will entitle you to a refund.
Refund procedure
10.1. You may request a refund or credit note by emailing us (Refund Request) and the Refund Request will be considered in-line with our Refund Policy.
10.2. Refund Requests must be made within 7 business days of the end of the Sitting Period.
10.3. Where a credit note is provided to the School, the School has 1 year from the date that the credit note is issued to use the credit note. It is the School’s responsibility to use the credit note before it expires.
10.4. The School accepts any reasonable administrative fees associated with processing a refund provided by us.
10.5. The approval of any Refund Requests, including whether a refund or credit note will be provided, to either Schools or parents of your School, is at the sole discretion of Janison.
10.6. Despite clause 10.5, nothing in these Terms excludes any rights that you have under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL).
General rules
10.7. Except where the ACL applies, Janison will not provide a refund to you if:
10.7.1. you change your mind about a purchase of a Product or Service; or
10.7.2. you request a refund for a Product which has been provided to you as an electronic product.
10.8. Refund Requests will generally be accepted where:
10.8.1. you have made an error in your purchase of a Product or Service and you submit a Refund Request within 5 business days from the date you placed your order; or
10.8.2. there is a delay by Janison and no alternative Sitting Period can be agreed on.
Refunds when the School cancels the Services
10.9. If the School alone decides to cancel any Services provided by us, the School is responsible for:
10.9.1. notifying Janison of their intention to cancel; and
10.9.2. informing the parents of the School of their intention to cancel the Services or confirmation of cancellation of the Services.
10.10. Janison will not be liable to provide a refund to a School where the School decides to cancel any Services provided by us. However, Janison may provide a refund at its discretion.
10.11. Where the School has directed parents to use the PPS for payment and the School decides to cancel the Services, Janison is entitled to recover the cost of any refunds made to the parents from the School.
10.12. Clause 10.10 and 10.11 do not apply to Schools which are required to cancel a test due to an unforeseen circumstance (see clause 10.15).
Force Majeure Event or an Impractical Event
10.13. We will not be liable or responsible if we cannot deliver Products or Services due to an event that is beyond our control (Force Majeure Event).
10.14. If a Force Majeure Event occurs, Janison will communicate with you about any alternative Sitting Periods. If no alternative Sitting Period can be agreed to between Janison and the School, a refund or credit note will be provided to you.
10.15. If your School suffers an event that is unforeseen by you and makes it impractical for the delivery of the Services to you (such as a merger or School closure) (Impractical Event), Janison will provide you with an alternative Sitting Period. If no alternative Sitting Period can be agreed upon, you may request a refund, showing evidence:
10.15.1. of the Impractical Event;
10.15.2. that no alternative Sitting Period is suitable; and
10.15.3. where you have made a School Purchase, that you have or will be refunding all amounts collected from parents of your School back to such parents.
11.1. All our communication with you will be provided through the contact details you used when registering your account.
11.2. You agree that we may contact you to:
11.2.1. share information, product, offers, events and news about ICAS and other Janison products and services; and
11.2.2. invite you to participate in research, marketing and promotional activities undertaken by us for our Products and Services.
11.3. You can request to opt out of receiving marketing and promotional communications from us at any time by using our unsubscribe facility in messages or by emailing us.
12.1. To the extent that legislation allows, neither Janison nor the School will have any liability to each other for any damages under these Terms, except as expressly provided for in these Terms.
12.2. Where liability does arise for Janison, Janison’s total liability to the School, regardless of your action or claim, will not exceed the Price you paid with respect of the Products and Services you purchased from us in the preceding 12-month period.
12.3. Nothing in these Terms is intended to exclude your rights under the ACL.
13.1. Janison will only collect Personal Information from you for the purpose of:
13.1.1. delivering the Products and Services to you;
13.1.2. to generate reports and analysis and to improve our Products and Services;
13.1.3. communicate with you, including providing information about our products (including the Products), offers, news, services and events which we consider may be of interest to you.
13.2. Any Personal Information you provide to us for the purposes of us delivering our Products to you will be held in Australia.
13.3. We may utilise third parties to assist us in delivering the Products and/or Services. Such third parties may be located overseas. For further information, please see the Janison Privacy Policy.
13.4. Any disclosure and collection of Personal Information will be in accordance with the Janison Privacy Policy, the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
13.5. We may use de-identified and aggregated information provided by you for any business purpose, including sharing de-identified data with third party partners.
13.6. Occasionally, we may generate case studies or reports to be used for marketing purposes. We will contact you for your permission if we would like to feature your School.
14.1. All copyright in both printed and online versions of the Products and Test Platform are owned by us.
14.2. You, your staff, students, and parents of your School must not produce, adapt, license, sell, re-sell, upload online, post, communicate, transmit, modify, distribute, publish or otherwise use, any part of the Products or Test Platform without written permission from us.
14.3. You, your staff, students and parents are not entitled to photograph, print, copy, duplicate or otherwise access the content of our Products which are protected by copyright and our intellectual property rights. Any attempt to do so may result in legal action against you.
14.4. When you make a purchase, we give you a non-exclusive, royalty-free, licence to use, publish or communicate the Products or Test Platform to the extent that it is necessary to deliver the Products at your School. At the end of the Sitting Period, your license for those Products ends.
14.5. Occasionally, Janison may work with partners (for example, universities). Any third-party logos and/or marks are not able to be reproduced by you and do not form part of the license in clause 14.4.
14.6. Any breach of our intellectual property rights may result in us claiming monetary damages or criminal charges against you.
14.7. You agree, on behalf of your staff, students, and parents of your School that any content provided to Janison (for example, answers input by your students responding to a question in a Product) (user generated content) may be used by Janison for its internal business purposes (for example, in marking guides and training materials) to deliver and/or improve the Products and Services (purpose) and you provide Janison with a perpetual, royalty free, worldwide licence to copy, alter, distribute, perform and/or display the user generated content to third parties, affiliated organisations or other users for the purpose (that is, we can use the user generated content for our purposes with no payment to you).
14.8. Display by Janison of the above user generated content will be de-identified (that is, no name included). You agree that Janison may engage in actions or omissions that would, in the absence of your consent, amount to an infringement of moral rights.
15.1. Janison may restrict your access to our Products or Test Platform:
15.1.1. if you breach these Terms;
15.1.2. for scheduled or emergency maintenance;
15.1.3. in order for Janison to rectify issues, update or improve the Products; or
15.1.4. if there is an emergency and restriction is required as a response.
15.2. Janison will use its best endeavours to schedule maintenance outside of Sitting Periods with a view to limit any impact on the School’s assessment. However, where a scheduled maintenance will cause a disruption to the Test Platform, Janison will provide you with 14 days’ written notice.
15.3. If any access restrictions to the Test Platform mean that a Sitting Period is disrupted, you are entitled to a replacement Sitting Period.
16.1. When you make Your Data available to us to or through the Test Platform or otherwise in connection with the use of any Product, you grant to us a worldwide, royalty-free, and non-exclusive license to use, copy, transmit, store, and back-up Your Data for the purposes of enabling you and your Authorised Users to access and use the Products and Test Platform for the purposes of providing our Services to you and enhancing, improving and further developing our Products and Services.
16.2. You must ensure that Your Data and its collection, use, processing and/or disclosure to Janison, including via the Test Platform, complies with all applicable laws and will not infringe any intellectual property rights of any person, or violate any privacy, publicity or other rights.
16.3. When you or your Authorised Users make Personal Information available to us, you must comply with the Privacy Act 1988 (Cth) and other applicable privacy laws and regulations that apply to Your Data, including but not limited to making all disclosures and obtaining all consents necessary to allow us to collect, store, use, disclose and otherwise deal with the Personal Information lawfully in accordance with these Terms. If you submit Your Data on behalf of someone else, you must ensure that you are authorised to do so and that you have their consent.
16.4. If you or your Authorised Users provide us with Personal Information of a person under the age of 18 years (“Minor”), you must ensure you have obtained the express consent of the parent or guardian to the Minor to the collection, storage and processing of the Personal Information of the Minor by us in accordance with these Terms.
16.5. You represent and warrant that you have obtained all necessary rights, releases and permissions to make Your Data available to us or through the Test Platform or otherwise in connection with the use of any Product by you and/or your Authorised Users and to grant the rights granted to us in these Terms.
17.1. Governing law
These Terms are governed by the laws of New South Wales, Australia and the courts of New South Wales have exclusive jurisdiction.
17.2. No assignment
You cannot transfer your rights or obligations under these Terms to another person, school or party unless you have our written permission to do so.
17.3. Execution
This contract is signed and agreed to via an online process of you clicking that you agree to these Terms when placing an order or making a purchase of a Product or Service.
17.4. Survival of these Terms
Even after these Terms are terminated, clauses 12-14 will continue to apply.
1.1 Students enrolled in your School and who sit ICAS assessments during the Sitting Period are eligible to compete for ICAS medals.
1.2 Students enrolled in Registered Home Schools or Designated Institutions are not eligible to compete for ICAS medals.
1.3 Janison may award medals to a student of your School who achieves a top score in their year level in their state or territory for the relevant ICAS test, which Janison decides in its discretion to be sufficiently meritorious.
1.4 To ensure the integrity of our Products, we reserve the right to investigate any matter which we believe may have affected a student’s performance or eligibility for an ICAS medal.
ICAS Assessments is owned by Janison Solutions Pty Ltd (we, us and our).
In order to deliver assessment products, Janison will require your child’s school to obtain your consent to provide Janison with certain personal information of students. Janison will collect, store, use, disclose and otherwise deal with such personal information in accordance with its privacy policy (link provided below). We are aware of our responsibility to protect personal information related to children and students from being disclosed when we deliver an ICAS Assessments product. Unless you, as the child’s legal guardian consents, we will not:
You can view our full privacy policy at janison.com/privacy-policy.
We may retain personal information and data relevant to a child for their future purposes or for research purposes by Janison for the length of the child’s school journey. However, if you or your child at any time wish to have their personal information or data removed from our systems, they or you may opt out by simply contacting our Privacy Officer at [email protected] or by contacting [email protected].
Version: 2024V5.0
Last updated: 8 October 2024
1.1. These Terms and Conditions (Terms) are between a parent or legal guardian of a child/student of a Registered School (you or your) and Janison Solutions Pty Ltd (ABN 35 081 797 494) C/ Automic Group, of Level 5, 126 Phillip Street, Sydney NSW 2000, Australia trading as ICAS Assessments (Janison, us and our). Terms agreed by you are agreed on behalf of yourself and your child/student as their parent or legal guardian.
1.2. ICAS tests are purchased at the direction of a Registered School (School) using a unique school access code and are run by the School as facilitator. Schools are not partners, resellers, contractors or agents of Janison.
1.3. If you have children in multiple Schools, you will need to use a different access code for each School.
1.4. To contact us, please email [email protected] or visit icasassessments.com/contact-us to view location-specific phone numbers.
1.5. We reserve the right to amend these Terms at any time. All amendments to these Terms will be posted on our website found at ICAS Assessments Parent Terms And Conditions – ICAS Assessments. You acknowledge that it is your responsibility to regularly check the Terms for updates, because it is the terms and conditions at the time of purchase of the Product that are binding on you.
Access Period means the period of time during which you will have access to the Test Platform starting from the delivery of the Product to you to the receipt of test results.
ICAS Assessments Website means icasassessments.com.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Product means the ICAS tests or ICAS past papers.
Services means the services we will provide in relation to the Product.
Sitting Period means the period of time where assessment sittings of the Products are permitted. These are published on the ICAS Assessments Website.
Test Platform means the online platform we own which will be used to deliver the Product to you.
3.1. These Terms apply to you when you purchase of ICAS tests on our ICAS Assessments Online Shop (shop.icasassessments.com) or use ICAS our Products at the direction of your child’s School, using a unique school access code provided to you by that School.
3.2. These Terms, in addition to the Janison Terms of Use and the Janison Privacy Policy, form the entire agreement between you and Janison for the purchase of the Products and you acknowledge that you have not relied on any representations or promises that are not contained in these Terms.
4.1. The Product you will receive from us is either:
4.1.1. an electronic copy delivered to you in the format of a PDF; and/or
4.1.2. the opportunity for your child to sit selected ICAS test/s which are facilitated by the School as well as our support and analytical Services relating to those ICAS test/s.
4.2. Your child’s School is the facilitator of selected tests within that School. All test results and certificates will be made available by Janison in digital form only on the Results Portal for viewing, download, printing and distribution.
4.3. Students enrolled in a School and who sit ICAS assessments during the Sitting Period are eligible to compete for ICAS medals.
4.4. Students enrolled in Registered Home Schools or Designated Institutions are not eligible to compete for ICAS medals.
4.5. Janison may award medals to a student of a School who achieves a top score in their year level in their state or territory for the relevant ICAS test, which Janison decides in its discretion to be sufficiently meritorious.
4.6. To ensure the integrity of our Products, we reserve the right to investigate any matter which we believe may have affected a student’s performance or eligibility for an ICAS medal.
5.1. You can pay for our Products through the ICAS Assessments Online Shop by entering your unique access code for your child’s School and following the prompts to payment.
5.2. You are responsible for ensuring that your order for our Products is correct and accurate.
5.3. Once an order for our Products has been placed and payment made, we will send you a confirmation email. Your contract with us in relation to the Products purchased through that order will have been created and will be governed by and under these Terms.
6.1. The cost of the Products are the prices listed on our ICAS Assessments Online Shop, plus any administrative fees and Goods and Services Tax (GST) that you are required to pay (Price). GST may be required in addition to the Price shown in jurisdictions outside Australia.
6.2. By purchasing, you accept the Price and any GST payable.
6.3. Any eligible discounts to the Price will be applied at checkout, subject to your input of a relevant code or similar.
6.4. You are responsible for any administrative fees that you incur, including any fees from refund requests or additional requests made by you to us.
6.5. You may pay for your Product order via:
6.5.1. Electronic Funds Transfer (EFT); or
6.5.2. credit card (Mastercard or Visa).
6.6. If you have chosen EFT, Janison will issue you with an invoice. This invoice must be paid within 30 days of the date of issue or within 4 days prior to the start of the Sitting Period for that Product, whichever comes first.
6.7. Any variations to the Price will not affect the cost of Products already purchased.
6.8. We use the services of Shopify, a third-party payment module, to process payments for Products. You will be required to disclose personal payment information (e.g. credit card number, address, expiration date, etc.) to Shopify. Janison will not collect, process, keep or store your personal payment information. Janison recommends that you read the Shopify Privacy Policy at shopify.com/legal/privacy. Janison shall not be liable for any actions or omissions committed by Shopify.
7.1. We are entitled to cancel your order for our Products or Services if:
7.1.1. the Product you have requested to purchase is no longer available;
7.1.2. there is an error in the description of the Product listed; or
7.1.3. you have not made a payment and the commencement of the Sitting Period is less than 4 days away.
If your order for our Products or Services is cancelled by us as set out in clause 7.1, we will provide you with reasonable notice and issue a refund to you.
8.1. You can request a refund by emailing us (Refund Request). Any Refund Request will be considered in-line with our Refund Policy.
8.2. A refund will be granted if there has been a breach of any implied consumer guarantee, condition or warranty under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL).
8.3. A refund will generally not be provided in the following circumstances:
8.3.1. where you or your child’s School has a change of mind about a purchase of a Product or Service after you have created your order and authorised payment;
8.3.2. where your child’s School has rescheduled a test and advised you of the new date to accommodate an unforeseeable event, and it remains possible for your child to sit the test on the new date; or
8.3.3. where you have made an error in your purchase, even if the error is a result of a misrepresentation made by your School in their communication with you.
8.4. Any Refund Requests which fall into one of the circumstances of clause 9.3 will be granted at the sole discretion of Janison.
8.5. Refund Requests must be made no later than 7 business days of the end of the Sitting Period.
8.6. Refund Requests for ICAS past papers will not be accepted unless your consumer guarantees under the ACL apply, as that product is provided to you via email in an electronic format.
9.1. If a School decides to cancel any Services provided by us:
9.1.1. the School will notify Janison;
9.1.2. the School will notify you of the cancellation;
9.1.3. if a Refund Request is granted to your child’s School, Janison will notify you of the refund periods for which you must personally apply for a refund; and
9.1.4. you must make a Refund Request within that refund period.
9.2. Any Refund Requests mad under clause 9.1 are granted at the sole discretion of Janison.
9.3. If a Refund Request under clause 9.1 is not granted to your child’s School, Janison will not be liable to refund you for your order of a Product or Service and the School will be liable for the costs of such order.
9.4. If a parent fails to make a Refund Request under clause 9.1 within this refund period, Janison will not be liable to provide a refund unless the parent can show that they did not receive the communications referred to in clause 9.1 from their child’s School.
10.1. All our communication with you is through the contact details you nominated when placing an order.
10.2. If you would like to change your contact details, please contact us.
10.3. When you make a purchase, you agree that Janison may communicate with you to:
10.3.1. share information, product, offers, events and news about ICAS and other Janison products and services; and
10.3.2. provide information relating to the Product you purchased; and
10.3.3. invite you to participate in research, marketing and promotional activities undertaken by Janison for its Products and Services.
10.4. You may opt out of receiving promotional, marketing or similar communications from us by emailing us or using the unsubscribe button included in the messages.
11.1. If your child using a Product requires an accessibility adjustment, you must submit an Accessibility Options Enquiry Form must be completed and submitted to us through your child’s School no later than 10 weeks prior to the start of the Sitting Period. This form can be found on our ICAS Assessments Website.
11.2. We will take all reasonable steps to accommodate any accessibility requirements notified to us in accordance with these Terms.
12.1. All copyright in both printed and online versions of the Products and Test Platform are owned by us.
12.2. You must not produce, adapt, license, sell, re-sell, upload online, post, communicate, transmit, modify, distribute, publish or otherwise use, any part of the Products or Test Platform without written permission from us.
12.3. You are not entitled to photograph, print, copy, duplicate or otherwise access the content of our Products which are protected by copyright and our intellectual property rights. Any attempt to do so may result in legal action against you.
12.4. Occasionally, Janison may work with partners (for example, universities). Any third-party logos and/or marks are not able to be reproduced by you.
12.5. Any breach of our intellectual property rights may result in us claiming monetary damages or criminal charges against you.
12.6. You agree that any content provided to Janison (for example, answers input by your child responding to a question in a Product) (user generated content) may be used by Janison for its internal business purposes (for example, in marking guides and training materials) to deliver and/or improve the Products and Services (purpose) and you provide Janison with a perpetual, royalty free, worldwide licence to copy, alter, distribute, perform and/or display the user generated content to third parties, affiliated organisations or other users for the purpose (that is, we can use the user generated content for our purposes with no payment to you).
12.7. Display by Janison of the above user generated content will be de-identified (that is, no name included). You agree that Janison may engage in actions or omissions that would, in the absence of your consent, amount to an infringement of moral rights.
13.1. When you submit Personal Information that pertains to a child, you warrant that you have authority to do so as their parent or legal guardian.
13.2. We will only use you or your child’s Personal Information to:
13.2.1. deliver the Products and Services to you, including recording exam results and the provision of ICAS medals and certificates; and
13.2.2. process your payment for the Products and Services.
13.3. In making a purchase of our Products or Services, you agree and consent to us holding Personal Information about you and your child for the purposes listed in clause 13.2.
13.4. We may use your Personal Information to communicate with you, including providing information about our products (including the Products), offers, news, services and events which we consider may be of interest to you. We will not use your child’s information for marketing purposes.
13.5. Any Personal Information you provide to us for the purposes of us delivering our Products to you will be held in Australia. In making a purchase of our Products, you consent to your Personal Information being held in Australia.
13.6. We may utilise third parties to assist us in delivering the Product and/or Services. Such third parties may be located overseas. For further information, please see the Janison Privacy Policy.
13.7. Personal information relating to your child may be retained for the School life-cycle of the child for their future purposes in relation to ICAS Assessments. You may opt out of this at any time by emailing customer support at [email protected].
13.8. Any disclosure and collection of Personal Information will be in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles and the Janison Privacy Policy.
13.9. Occasionally we may generate case studies or reports to be used for marketing purposes. We will contact you for your permission if we would like to feature you or your child.
13.10. We may use de-identified and aggregated information provided by you for any business purpose, including sharing de-identified data with third party partners.
14.1. You agree that Janison will have no legal liability for any damages under these Terms unless Janison has acted negligently, with misconduct or has breached these Terms.
14.2. Any liability Janison has to you in contract, negligence or arising from legislation is limited to the amount you have paid to us when making your order for our Products and Services.
14.3. You acknowledge that Schools are completely independent of Janison and that you do not hold Janison liable for any representations made by a School, even if it means you have purchased our Products and Services based on a School’s communication.
14.4. Nothing in this Contract excludes your rights under the ACL in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
15.1. We will not be liable or responsible if we cannot deliver the Products or Services due to an event that is beyond our control (Event Outside Our Control).
15.2. If an Event Outside Our Control occurs:
15.2.1. we will contact you as soon as reasonably possible to notify you; and
15.2.2. we will arrange a new date for performance of the Services with your School.
15.3. If it is impractical to arrange a new date for performance of the Services, then your School will notify you and you may request a refund.
15.4. For the purposes of these Terms, a cancellation of the Products by a School is not considered an Event Outside Our Control.
16.1. Janison may restrict your access to our Products or Test Platform:
16.1.1. if you breach these Terms;
16.1.2. for scheduled or emergency maintenance;
16.1.3. in order for Janison to rectify issues, update or improve the Products; or
16.1.4. if there is an emergency and restriction is required as a response.
17.1. Governing Law
These Terms are governed by the laws of New South Wales, Australia and the courts of New South Wales have exclusive jurisdiction.
17.2. No assignment
You cannot transfer your rights or obligations under these Terms to another person or party unless you have our written permission to do so.
17.3. Survival of these Terms
Even after these Terms are terminated, clauses 13-15 will continue to apply.
Last updated: 9 February 2024
1.1. These Terms and Conditions (Terms) are between you and Janison Solutions Pty Ltd (ABN 35 081 797 494) C/ Automic Group, of Level 5, 126 Phillip Street, Sydney NSW 2000, Australia trading as ICAS Assessments (Janison, we, us). Terms agreed by you are agreed on behalf of yourself and if you are purchasing on behalf of a School, you agree to these terms on behalf of the School.
1.2. We reserve the right to amend these Terms at any time. All amendments to these Terms will be posted on our website found at icasassessments.com. You acknowledge that it is your responsibility to regularly check the Terms for updates, because it is the terms and conditions at the time of purchase of the Product that are binding on you.
ICAS Shop means shop.icasassessments.com
Personal Information has the meaning given in the Privacy Act.
Product(s) means ICAS past papers.
Services means the services we will provide in relation to the Product.
3.1. These Terms apply when you make a purchase of an ICAS past paper through the ICAS Shop.
3.2. These Terms are in addition to the Janison Terms of Use and the Janison Privacy Policy and form the entire agreement between you and Janison for the purchase of the Product(s). You acknowledge that you have not relied on any representations or promises that are not contained in these Terms.
4.1. The Product you will receive from us is an electronic copy of an ICAS past paper delivered to you in the format of a PDF to the email address that you specify when you place your order.
5.1. You will be required to pay for your Product through the ICAS Shop.
5.2. You are responsible for ensuring that your order is correct and accurate.
5.3. Once an order has been placed and payment made, we will send you a confirmation email and issue the Product(s) to you. Your contract with us in relation to the Products purchased through that order will have been created and governed under these Terms.
6.1. The price payable by you for the Product(s) is the price displayed to you at the time of purchase from the ICAS Shop (Price).
6.2. By purchasing, you accept the Price and any applicable taxes payable by you.
6.3. Any eligible discounts to the Price will automatically be applied at the checkout or subject to your input of a relevant code or similar.
6.4. Janison may change the Price for future tests on our ICAS Shop at any time without notice.
7.1. You can pay for the Product using either a Visa card or Mastercard.
7.2. Once you have paid, an electronic invoice will be sent to you by email using the email address that you provided to us when purchasing.
7.3. We use the services of Shopify, the third-party payment module, to process payments. You will be required to disclose personal payment information (e.g. credit card number, address, expiration date, etc.) to Shopify. Janison will not collect, process, keep or store your personal payment information. Janison recommends that you read the Shopify Privacy Policy at shopify.com/legal/privacy. Janison shall not be liable for any actions or omissions committed by Shopify.
8.1. Your order may be cancelled by us if:
8.1.1. the Product is no longer available, or;
8.1.2. there is an error in the description of the Product listed.
8.2. We will provide you with a full refund if your order is cancelled by us.
9.1. You can request a refund by emailing us. Any refund request will be considered in-line with our Refund Policy.
9.2. A refund will be granted if there has been a breach of any implied consumer guarantee, condition, or warranty under the Australian Consumer Law or other applicable law.
9.3. A refund will generally not be provided in the following circumstances:
9.3.1. where you have changed your mind about a purchase after you have created your order and authorised payment;
9.3.2. where you have made an error in your purchase.
9.4. Any refund requests which fall into one of the circumstances of Clause 9.3 will be at the discretion of Janison.
9.5. Refunds for ICAS past papers will not be accepted unless your consumer guarantees under the Australian Consumer Law (or other applicable consumer laws) apply, as that product is provided to you via email in an electronic format.
10.1. All our communication with you is through the contact details you nominated when placing an order.
10.2. If you would like to change your contact details, please contact us.
10.3. When you make a purchase, you agree that Janison may communicate with you to:
10.3.1. provide information relating to the Product(s) you purchased; and
10.3.2. invite you to participate in research, marketing and promotional activities undertaken by Janison for its ICAS Assessments.
10.4. If you opt in to marketing you will receive information about ICAS and related Janison products, services, content and events. You may opt out of receiving promotional, marketing or similar communications from us by emailing us or using the unsubscribe button included in the messages.
11.1. Janison owns all copyright and intellectual property rights in the Product and Services, and these remain our exclusive property.
11.2. You must not make copies, sell, lend, borrow, upload, photograph, or distribute any of the ICAS past papers or contents relating to the tests to any other person (including reports, instructions, promotional materials, answers, and the like), or logos and trademarks in relation to our Products unless you have obtained prior written authorisation from us. A breach of this clause will expose you to the risk of litigation, which may result in an order for payment of damages and costs.
11.3. ICAS past papers are for your personal use and must not be shared or re-distributed. If you have purchased ICAS past papers on behalf of a School, you may only share it internally with teachers as a teaching tool. You are not permitted to make multiple copies or distribute to parents or students.
12.1. When you submit Personal Information that pertains to a child you warrant that you have authority to do so.
12.2. We will only use Personal Information that you provide to provide the Services.
12.3. In making a purchase, you agree and consent to us holding personal information about you for the purpose of provision of the Product(s).
12.4. We may use your Personal Information to communicate with you, including providing information about Janison products, services, content and events which we consider may be of interest to you if you opt-in for marketing.
12.5. Any Personal Information you provide to us for the purposes of us delivering our product to you will be held in Australia. In making a purchase of our Product, you consent to your Personal Information being held in Australia. We may utilise third parties to assist us in delivering the Product and/or Services. Such third parties may be located overseas, for further information, please see the Janison Privacy Policy.
12.6. In holding Personal Information about you we will adhere to the privacy rules set out in the Privacy Act 1988 (Cth) and the Australian Privacy Principles and the Janison Privacy Policy.
12.7. We may use de-identified and aggregated information provided for any business purpose and share de-identified and/or aggregated information with our third-party partners.
12.8. Further details of how we collect, and process Personal Information are set out in our privacy policy janison.com/privacy-policy.
13.1. You agree that Janison will have no legal liability for any of your losses unless Janison has acted negligently, with misconduct, or has breached these Terms.
13.2. Any liability Janison has to you in contract, negligence or arising from legislation is limited to the amount you have paid to us when making your order for the Product(s).
13.3. Nothing in this Contract excludes your rights under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) or other applicable laws.
14.1. We will not be liable for any failure to perform, any of our obligations under the contract that is caused by an event beyond our reasonable control such as earthquakes, storms, natural disasters, public conflicts, pandemics, etc.
15.1. Janison may restrict your access to our Product:
15.1.1. if you breach these Terms;
15.1.2. for scheduled or emergency maintenance;
15.1.3. in order for Janison to rectify issues, update or improve the Product; or
15.1.4. if there is an emergency, and restriction is required as a response.
15.2. Janison will use its best endeavours to schedule maintenance to limit any impact to you.
16.1. Non-Assignment: The Contract is between you and us. No other person has any rights to access the Products and services requested by you.
16.2. Survival of Terms: Even after the Contract is completed, clauses 11-14 will continue to apply.
16.3. Governing Law: These Terms are governed by the laws of New South Wales, Australia. You and we both agree that the courts in New South Wales, will have exclusive jurisdiction in respect of any dispute between us.
Last updated: 16 February 2024
1.1. This Agreement sets out the Terms and Conditions (Terms) between a parent or legal guardian of a child or student (you or your) and Janison Solutions Pty Ltd (ACN 081 897 494) C/ Automic Group, of Level 5, 126 Phillip Street, Sydney NSW 2000, Australia trading as ICAS Assessments (Janison, we, us and our).
1.2. The Terms set out how we, through our division, Janison Exam Management (JEM), will allow bookings at our examination facilities for students who wish to sit an ICAS Assessments test and participate in the annual ICAS competition and/or purchase ICAS past papers (our Products).
1.3. By making a purchase of a Product, you, as the parent or guardian on behalf of a participating student, agree to the Terms on behalf of yourself and also your child/student (Child) as their parent or legal guardian.
1.4. To use the Product, you must bring your own acceptable compatible device for the assessment. The device must be fully charged and have a supported internet browser.
The technical requirements are set out at icasassessments.com/support-technical-requirements/ (Technical Requirements). Please review the Technical Requirements before purchasing our Products or Services.
1.5. We reserve the right to amend these Terms at any time. All amendments to these Terms will be posted on our website found at icasassessments.com/products-icas/testing-centres. You acknowledge that it is your responsibility to regularly check the Terms for updates, because it is the Terms and Conditions at the time of purchase of the Product that are binding on you.
1.6. These Terms are in addition to the Janison Terms of Use, set out at janison.com/terms and the Janison Privacy Policy, set out at janison.com/privacy-policy and form the entire Agreement between you and us.
Assessment means an assessment associated with the Product.
Assessment Session means the Session you have selected for your Child to sit the ICAS test.
Child means your child/children or the student that you are the guardian of, who is undertaking the Assessment.
Eligibility Criteria includes but is not limited to the following:
ICAS Assessments Online Shop means the platform provided by us in order for you to purchase the Product.
Intellectual Property Rights means all forms of intellectual property rights throughout the world including (present and future) but not limited to copyright, database rights, confidential information, know-how, trade secrets, registered patents, designs, trademarks, signs, distinctive marks, devices, models, formulas, graphs, photographs, drawings, business plans, methodologies, inventions, policies, records, memoranda and notes.
Loss includes claims, actions, proceedings, losses, damages, liabilities and costs (including legal expenses).
Order means an order from you for the purchase of the Products and Services.
Payment Receipt Date means the date on which we receive payment from you for the Product and Services.
Personal Information has the meaning given to that term in the Privacy Act.
Price means the price for the Product and Services as set out or referred to in the ICAS Assessments Online Shop, at the time of your Order.
Privacy Act means the Privacy Act 1988 (Cth), including the Australian Privacy Principles.
Product Platform means the Janison owned platform, any ICAS Assessments Portal in which the Product is made available.
Refund Request Form means the form that you must use to request a refund for a Product and/or Service.
Required Data means the data that we require from you in order to set up your access to the Product and Services.
Services means the provision of services associated with the delivery of the Products to you.
Sitting Period means the period on which Sittings are permitted.
3.1. We warrant that:
3.1.1. the Products and Services will be provided to you using all reasonable care and skill;
3.1.2. the delivery of the Products and Services will be undertaken in compliance with all applicable Australian laws, standards and industry regulations.
3.2. You acknowledge that you have not relied on any warranties, representations or promises that are not set out in these Terms.
4.1. Bookings for an Assessment Session are available on a first-come-first-served basis. Once the maximum capacity is reached for a given subject, additional booking windows may only be opened at our discretion.
4.2. No registration will be accepted after the registration closing date advertised on ICAS Assessments Online Shop.
4.3. You must ensure that your Child is available to attend on the date(s) and at the time(s) selected. Due to capacity limitations, an Alternative Assessment Session may not be possible. In such a circumstance, subject to Clause 16, a refund will not be provided.
5.1. Each item listed on our ICAS Assessments Online Shop is an invitation for you to purchase that item.
5.2. When you finalise and submit an order, the placing of your order will be taken as your acceptance of these Terms and your offer for us to deliver the Services associated with your order.
5.3. When you receive our confirmation email of your order, a contract will have been formed between you and us for the delivery of the Products and Services which are subject to these Terms.
6.1. It is your responsibility to ensure that:
6.1.1. the information provided by you in your order is complete and accurate;
6.1.2. you provide us with any information that is reasonably required by us in order to supply you with the Products and/or Services.
6.2. To use the Product, you must bring your own acceptable compatible device for the Assessment. The device must be fully charged and have a supported internet browser.
6.3. The technical requirements are set out at icasassessments.com/support-technical-requirements (Technical Requirements). Please review the Technical Requirements before purchasing our Products or Services.
6.4. We will not be responsible if your Child is unable to sit an Assessment because they do not have a compatible device.
6.5. In the event that your Child requires any specific accessibility arrangement, then an accessibility options enquiry form, found at icasassessments.com/accessibility-options-enquiry-form must be completed and submitted at least 10 weeks before the start of your Child’s Assessment Session. We do not guarantee that all accessibility requirements can be accommodated, and all requests will be considered on a case-by-case basis. All arrangements must comply with the requirements set by us.
6.6. You and your Child must comply with the reasonable instructions provided by us in respect of the Assessment. If the instructions provided by us are not adhered to by you, we reserve the right to refuse entry to the examination centre for your Child or take appropriate measures to protect our staff and the Children undertaking Assessments. In the event of your failure to adhere to our reasonable instructions, refunds will not be considered.
6.7. You acknowledge that are responsible for the timely drop-off and collection of your Child from the Assessment, including adhering to sign-in and sign-out instructions and other instructions as advised to you (as applicable).
6.8. Abusive, or detrimental conduct towards JEM staff or children will not be tolerated and in such instances, JEM reserves the right to take reasonable and appropriate measures to protect staff and children.
7.1. The applicable Price for the Products and Services is the Price set out on the ICAS Assessments Online Shop at the time of purchase.
7.2. By making a purchase, you agree that you have carefully considered and accepted the Price.
7.3. You may pay for your order via Credit Card (Mastercard or Visa).
7.4. We use the services of Shopify, the third-party payment module, to process payments. You will be required to disclose personal payment information (e.g. credit card number, address, expiration date, etc.) to Shopify. We will not collect, process, keep or store your personal payment information. We recommend that you read the Shopify Privacy Policy at shopify.com/legal/privacy. We shall not be liable for any actions or omissions committed by Shopify.
8.1. The Product and Services will only be delivered after we have received payment from you.
9.1. You and your Child must:
9.1.1. only use the Products through the interfaces provided by us for the purpose of conducting the Assessments purchased;
9.1.2. use the Product, Product Platform and Services in accordance with any instructions provided to you and your Child;
9.1.3. ensure that your Child meets the relevant Eligibility Criteria as advised by Janison from time to time, to sit the Assessment;
9.1.4. at all times, be solely responsible for the activity that occurs on your account and for all liabilities incurred through your account. We are not responsible for any unauthorised activity on the account. We reserve the right to refer fraudulent or abusive or illegal activity to the relevant authorities; and
9.1.5. ensure that all hardware and firewall restrictions on your device do not prevent or limit access to the Product, Product Platform and Services in accordance with any instructions provided to you and your Child.
9.2. You and your Child must not:
9.2.1. interfere or disrupt any technological protection measures on the Product Platform or in the Product;
9.2.2. combine, integrate or otherwise use the Product or Product Platform with any other application, device, system or thing if this is not contemplated by any instructions provided to you and your Child;
9.2.3. resell, reproduce, decompile or reverse-engineer the Product Platform or Product;
9.2.4. use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools;
9.2.5. disclose any ID or password to any other person. If such disclosure has, or you believe that such disclosure may have, occurred (whether intentionally or accidentally), then you must immediately inform us;
9.2.6. make copies, sell, lend, borrow, upload or distribute any of the Assessments or past papers, without our prior written authorisation; or;
9.2.7. register a Child to sit the same Assessment Event twice or under a separate alias or year level.
10.1. If your Child sits the ICAS Assessment they will receive a printed certificate of achievement.
10.2. We may award medals to your Child if they achieve a top score in the year level they are enrolled in school in their state or territory for the ICAS Assessment, which we judge to be sufficiently meritorious. To ensure the integrity of ICAS Assessments, we reserve the right to investigate any matter which we believe may have affected a student’s performance or eligibility for a medal.
10.3. Your Child will not be eligible for a medal if the school that they attend offers ICAS assessments in the enrolled subject and year levels.
10.4. If the ICAS Assesssment subject and/or year level your Child is sitting is not offered at your Child’s school, the Child will be eligible to compete for a medal when sitting that assessment.
10.5. Your Child may participate in ICAS in different locations (in their school and at JEM). Your Child is eligible to compete for an ICAS medal provided that the subjects sat are not the same.
11.1. All our communication with you is through the contact details you nominated when placing an order. We may communicate with you via email and/or SMS in respect of your order.
11.2. If you would like to change your contact details, please contact us.
11.3. When you make a purchase, you agree that Janison may communicate with you to:
11.3.1. share information, product, offers, events and news about ICAS and other Janison products and services; and
11.3.2. provide information relating to the Product you purchased; and
11.3.3. invite you to participate in research, marketing and promotional activities undertaken by Janison for its ICAS Assessments.
11.4. You may opt out of receiving promotional, marketing or similar communications from us by using the unsubscribe button included in the messages, submitting the contact form on our website or emailing us at [email protected]. We do not market to children.
12.1. To the extent permitted by law, Janison’s total liability to you and your Child will not exceed the Price you paid with respect of the Products and Services you purchased from us in the preceding twelve (12) month period.
12.2. Nothing in these Terms is intended to exclude your rights under the Australian Consumer Law.
13.1. When you submit personal information that pertains to a Child you warrant that you have authority to do so as their parent or legal guardian and agree to our privacy policy, that you can view at janison.com/privacy-policy.
13.2. We will only use yours or your Child’s personal information to:
13.2.1. provide the Products and/or Services, including recording exam results and the provision of medals and certificates;
13.2.2. process your payment for the Services;
13.2.3. make special arrangements for your child to sit the Assessment (for example if they have medical needs or require special provisions); and
13.2.4. communicate with you in respect of the Products and/or Services purchased.
13.3. In making a purchase, you agree and consent to us holding personal information about you and your child for the purposes listed in clause 13.2.
13.4. Any Personal Information you provide to us for the purposes of us delivering our product to you will be held in Australia.
13.5. We may utilise third parties to assist us in delivering the Product and/or Services. Such third parties may be located overseas, for further information please see the Janison Privacy Policy.
13.6. Personal information relating to your Child may be retained for the School life-cycle of the Child for their future purposes in relation to ICAS Assessments. You may opt out of this at any time by emailing us at [email protected]
13.7. In holding personal information about you or your Child, we will adhere to the privacy rules set out in the Privacy Act 1988 (Cth.) and the Australian Privacy Principles.
13.8. Occasionally we may generate case studies or reports to be used for marketing purposes. We will contact you for your permission if we would like to feature you or your child.
13.9. We may use de-identified and aggregated information provided for any business purpose and share de-identified and/or aggregated information with our third-party partners.
14.1. We own, or are entitled to the use of, all copyright and other Intellectual Property Rights in the online and printed versions of the Product and the Product Platform.
14.2. You and your Child must not produce, transmit, communicate, adapt, distribute, license, sell, modify or publish or otherwise use, any part of the Product or Product Platform without our permission. This material includes, but is not limited to, the design, layout, look, text, appearance, images and the underlying computer code, whether the source code or object code.
14.3. You and your Child are prohibited from taking photographs, screenshots or otherwise copy the text/images of any Assessment items (questions) that appear on the screen.
14.4. Unauthorised use of the Product or Product Platform or any materials in which intellectual property rights subsist may give rise to a claim for damages or criminal action.
14.5. You agree that any content provided to us (for example answers input by students responding to a question in an ICAS Assessment) (User Generated Content) may be used by us for our internal business purposes (for example in marking guides and training materials) to deliver and/or improve the Product and Services (Purpose) and you provide us with a perpetual, royalty free, worldwide licence to copy, alter, distribute, perform and/or display the User Generated Content to third parties, affiliated organisations or other users for the Purpose (we can use the User Generated Content for the Purpose with no payment to you).
14.6. Display by us of the above User Generated Content will be de-identified (no name included). You agree that we may engage in actions or omissions that would, in the absence of your consent, amount to an infringement of moral rights.
15.1. We are entitled to cancel your order if:
15.1.1. the Product you have requested to purchase is no longer available;
15.1.2. there is an error in the description of the Product listed; or
15.1.3. we have to cancel the Product for any reason.
15.2. If your order is cancelled by us as set out in clause 15.1, we will provide you with reasonable notice and issue a refund to you.
15.3. We may terminate our contract with you if there is a breach of these Terms by you. Termination for your breach will not entitle you to a refund.
15.4. You may terminate our contract with you if there is a breach of these Terms by us. If you terminate for our breach, you will be entitled to a refund of the Price paid.
16.1. You may request a refund or credit note by emailing us (Refund Request). The Refund Request will be considered in-line with our Refund Policy.
16.2. We will not provide a refund if:
16.2.1. you have changed your mind about the purchase or have made an error in your purchase;
16.2.2. you have provided false, inaccurate or unusable information; or
16.2.3. you have breached any of the Terms.
17.1. We will use our best endeavours to schedule maintenance outside of Assessment Sessions so as to limit any impact on the Assessment.
17.2. We may restrict your access to our site and if:
17.2.1. there is a breach of the Terms by you; or
17.2.2. there is an emergency, and the site or sites need to be restricted as a response; or
17.2.3. there is a scheduled or emergency maintenance in order for us to rectify issues, update or improve the Product.
17.2.4. In the event of 17.2.2 or 17.2.3 occurring we will provide you with possible Alternative Assessment Sessions or provide you with a refund of the Price paid.
18.1. Even after the Contract is completed and we have delivered the Products and Services, Clauses 12, 13, 14 continue to apply.
19.1. Assignment You may not assign, transfer, novate or otherwise dispose of any or all of its rights and/or obligations under these Terms without our prior written consent.
19.2. Force Majeure We will not be liable or responsible for any failure to perform, or delay in the performance of, any of our obligations in these Terms that are caused by any act or event beyond our reasonable control (Force Majeure Event). If a Force Majeure Event occurs that affects our obligations or performance, we will contact you as soon as reasonably possible to notify you of possible Alternative Assessment Sessions or to provide you with a refund, subject to Clause 16.
19.3. Governing Law This Agreement is governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
World-class assessments
driving student success.
ACN 081 897 494
Australia toll-free: 1800 931 775
New Zealand toll-free: 0800 440 904
International: +61 2 5565 2217
World-class assessments
driving student success.
ACN 081 897 494
Australia toll-free: 1800 931 775
New Zealand toll-free: 0800 440 904
International: +61 2 5565 2217
© ICAS Assessments. Powered by Janison. All rights reserved.
