Terms and Conditions for ICAS at Janison Exam Management (JEM) Testing Centres
Last updated: 16 February 2024
1. BACKGROUND
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.
2. DEFINITIONS
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:
- Your Child needs to register to sit ICAS at JEM for the same year level that is registered in an Australian school;
- Your Child can only register for one year level;
- Your Child will not be eligible for a medal if the school that the student is enrolled in is offering ICAS for the same subject.
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. WARRANTY
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. METHODS OF PURCHASING & CONTRACT
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. ACCEPTANCE
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. YOUR OBLIGATIONS
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. FEES AND CHARGES
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. DELIVERY OF SERVICES
8.1. The Product and Services will only be delivered after we have received payment from you.
9. USE OF JANISON PRODUCTS
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. ELIGIBILITY FOR MEDALS
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. COMMUNICATION
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. LIMITATION OF LIABILITY
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. CONFIDENTIALITY & PRIVACY
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. INTELLECTUAL PROPERTY
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. CANCELLATIONS
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. CANCELLATIONS, REFUNDS OR ALTERNATIVE SITTING PERIOD
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. RESTRICTING YOUR ACCESS
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. SURVIVAL OF TERMS
18.1. Even after the Contract is completed and we have delivered the Products and Services, Clauses 12, 13, 14 continue to apply.
19. MISCELLANEOUS
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.