Last updated: 13 November 2024
1.1. This agreement (the Agreement) sets out the terms and conditions (the 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. These Terms set out how we, through our authorised partners, EduVision and EQDemic School, (Authorised Partners) will allow bookings for students who wish to participate in the inaugural ICAS All-Stars Academic Competition (our Product).
1.3. By making a purchase of a Product, you, as the parent or guardian on behalf of a participating child or student, agree to these Terms on behalf of yourself and also your child/student (Child) as their parent or legal guardian.
1.4. To use our Product, you must follow the instructions provided by our Authorised Partners.
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 www.icasassessments.com/products-icas/all-stars and on the websites and registration pages of our Authorised Partners. You acknowledge that it is your responsibility to regularly check these Terms for updates, because it is the terms and conditions at the time of your purchase of the Product that are binding on you.
1.6. These Terms are in addition to Janison’s Terms of Use set out at janison.com/terms and the Janison Privacy Policy set out at janison.com/privacy-policy, which forms the entire Agreement between you and us.
Assessment means an assessment associated with our Product.
Child means your child/children or the student that you are the guardian of, who is undertaking the Assessment.
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).
Personal Information has the meaning given to that term in the Privacy Act.
Privacy Act means the Privacy Act 1988 (Cth), including the Australian Privacy Principles.
Product Platform means any Janison-owned platform or ICAS Assessments Portal in which our Product is made available.
Services means the provision of services associated with the delivery of our Product to you.
3.1 We warrant that:
3.1.1 our Product and Services will be provided to you using all reasonable care and skill; and
3.1.2 the delivery of our Product 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 It is your responsibility to ensure that:
4.1.1 any information you provide to us is complete and accurate;
4.1.2 you provide us with any information that is reasonably required by us in order to supply you with the Product and/or Services.
5.1 The applicable price for our Product and Services is the price set out on the website of the relevant Authorised Partner where you are purchasing our Product and/or Services as at the time of your purchase (the Price).
5.2 By making a purchase of our Product and/or Services, you agree that you have carefully considered and accepted the Price.
6.1 Our Product and Services will only be delivered to you by our Authorised Partners after they have received payment from you, provided this is before the sitting window of our Product.
7.1 You and your Child must:
7.1.1 only use our Product through the interfaces provided by us for the purpose of conducting the Assessments purchased;
7.1.2 use the Product, Product Platform and Services in accordance with any instructions provided to you and your Child, including from our Authorised Partners;
7.1.3 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
7.1.4 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, including from our Authored Partners.
7.2 You and your Child must not:
7.2.1 interfere or disrupt any technological protection measures on the Product Platform or in the Product;
7.2.2 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, including from our Authorised Partners;
7.2.3 resell, reproduce, decompile or reverse-engineer the Product Platform or Product;
7.2.4 use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools;
7.2.5 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;
7.2.6 make copies, sell, lend, borrow, upload or distribute any of the Assessments or past papers, without our prior written authorisation; or;
7.2.7 register a Child to sit the same Assessment twice or under a separate alias or year level.
8.1 Subject to your compliance with these Terms (including receipt of payment for our Product and/or Services by our Authorised Partners under clause 6.1), your Child will sit the Assessment based on the student’s 2025 school year level:
9.1 If your Child sits an Assessment, they will receive a digital certificate of achievement from our Authorised Partners to the email address you provided upon purchase of our Product and/or Services.
9.2 In order to be eligible for an Assessment award, your Child must have must have participated in the ICAS 2024 Academic Competition in Victoria or New South Wales and achieved a merit or above. Students who are not eligible for an Assessment award may still register for and sit an Assessment, however they will not be eligible to win an award.
9.3 The person achieving the top score in each year level of each state for the Assessment will receive a $500 Mastercard EGift Card.
9.4 The person achieving the top score in each assessment tier of each state for the Assessment will receive a $1,000 Mastercard EGift Card.
9.5 In the event that more than one person is eligible for the awards in clauses 9.3 and/or 9.4, the winner of the relevant award will be decided based on their performance in previous ICAS Academic Competitions.
9.6 To ensure the integrity of ICAS Assessments, we reserve the right to investigate any matter which we believe may have affected your Child’s eligibility for an award under these Terms.
10.1 All our communication with you is through the contact details you nominated when placing an order with our Authorised Partners and/or submitting our Expression of Interest online form. We may communicate with you via email and/or SMS in respect of your order for our Product and/or Services.
10.2 If you would like to change your contact details, please contact the Authorised Partner you placed your order with.
10.3 When you make a purchase for our Product and/or Services, 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;
10.3.2 provide information relating to the Product and/or Services you purchased, including the Assessment results of your Child; and
10.3.3 invite you to participate in research, marketing and promotional activities undertaken by Janison for its ICAS Assessments.
10.4 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.
11.1. To the extent permitted by law, Janison’s total liability to you and your Child will not exceed the price you paid for our Product and/or Services in the preceding twelve (12) month period.
11.2 Nothing in these Terms is intended to exclude your rights under the Australian Consumer Law.
12.1 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 at com/privacy-policy.
12.2 We will only use yours or your Child’s personal information to:
12.2.1 provide the Products and/or Services, including recording exam results and the provision of awards and digital certificates; and
12.2.2 communicate with you in respect of the Product and/or Services purchased.
12.3 In making a purchase for our Product and/or Services, you agree and consent to us holding personal information about you and your Child for the purposes listed in clause 12.2.
12.4 Any personal information you provide to us for the purposes of us delivering our Product and/or Services to you will be held in Australia.
12.5 We may utilise third parties to assist us in delivering our Product and/or Services. Such third parties may be located overseas, for further information please see the Janison Privacy Policy.
12.6 Personal information relating to your Child may be retained for their duration as a student for future purposes in relation to ICAS Assessments. You may opt out of this at any time by emailing us at [email protected].
12.7 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.
12.8 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.
12.9 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.
13.1 We own, or are entitled to the use of, all copyright and other Intellectual Property Rights in the online and printed versions of our Product and the Product Platform.
13.2 You and your Child must not produce, transmit, communicate, adapt, distribute, license, sell, modify or publish or otherwise use, any part of our 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.
13.3 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.
13.4 Unauthorised use of our Product or Product Platform or any materials in which intellectual property rights subsist may give rise to a claim for damages or criminal action.
13.5 You agree that any content provided to us (for example, answers input by students responding to a question in an 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 our 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).
13.6 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.
14.1 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.
14.2 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.
14.3 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.
Australia toll-free: 1800 931 775
New Zealand toll-free: 0800 440 904
International: +61 2 5565 2217
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.