ICAS Past Papers Sales – International Terms And Conditions
Last updated: 9 February 2024
ICAS Past Paper Sales – International Terms and Conditions
1. OVERVIEW & CONTACTING US
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.
2. DEFINITIONS
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. OUR CONTRACT WITH YOU
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. OUR PRODUCT AND SERVICES
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. PLACING AN 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. FEES & CHARGES
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. PAYMENT
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. CANCELLATIONS BY US
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. YOUR REQUEST FOR REFUNDS
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. COMMUNICATION
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. INTELLECTUAL PROPERTY RIGHTS
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. CONFIDENTIAL INFORMATION & PRIVACY
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. LIMITATION OF LIABILITY
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. FORCE MAJEURE
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. RESTRICTION OF ACCESS
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. MISCELLANEOUS
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.