Please read these Terms and Conditions carefully before using this Site.
Last updated: 23rd November 2020
1. WHO WE ARE AND HOW TO CONTACT US
www.icasassessments.com is a website (Site) operated by Janison Solutions Pty Ltd (ACN 081 897 494) ABN 35 081 897 494 of 80 Bay Street, Ultimo NSW 2007, Australia (we, us and our).
To contact us please;
Email: [email protected]
2. BY USING OUR SITE YOU ACCEPT THESE TERMS
3. WE MAY MAKE CHANGES TO THESE TERMS
We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.
4. WE MAY MAKE CHANGES TO OUR SITE
We may update and change our Site from time to time to reflect changes to our products, our users’ needs and our business priorities.
5. WE MAY SUSPEND OR WITHDRAW OUR SITE
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You agree to receive all communications, agreements and notices that we provide in connection with any Janison and or ICAS Assessment Products or Services (Communications), including, but not limited to, Communications related to our delivery of Janison and or ICAS Assessment Products or Services, via electronic means, including by email, text, or by posting them on the Site or through any Janison Products or Services and or ICAS Assessments Products or Services. You agree that all Communications we provide to you electronically satisfy any legal requirement that such Communications be in writing or be delivered in a particular manner and you agree to keep your Account contact information current.
7. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]
8. HOW YOU MAY USE MATERIAL ON OUR SITE
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others to content posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.
You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from this Site.
9. DO NOT RELY ON INFORMATION ON THIS SITE
This Site and our services are provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site or the services other than by specific contractual agreement.
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
10. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over, and assume no responsibility for the contents, privacy policies or practices of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites. We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
11. LIMITATION OF LIABILITY
In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Site, any websites linked to it, any content on our Site or such other websites or any services or items obtained through our Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.
You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms or your use of the Site, including, but not limited to your use of any information obtained from the Site and any use of the Site’s content, services and products other than as expressly authorised in these terms.
12. WE ARE NOT RESPONSIBLE FOR VIRUSES
We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your technology to access our Site. You should use your own virus protection software.
13. RULES ABOUT LINKING TO OUR SITE
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our Site other than that set out above, please contact us at [email protected]
15. AUSTRALIAN LAW APPLIES TO DISPUTES
16. GDPR COMPLIANCE STATEMENT
All Janison software respects and complies with the EU General Data Protections Regulations (GDPR). Some of the key ways that we comply with these regulations are:
Our trade mark ICAS ASSESSMENTS is registered and all related names, logos, product and service names, designs and slogans are our trade marks or the trade marks of our affiliates or licensors. You must not use such marks without our prior written permission. Other names, logos, product and service names, designs and slogans on this Site are the trade marks of their respective owners and are used by us under licence.
18. PROHIBITED USES
You may use the Site only for lawful purposes and in accordance with these terms. You agree not to use the Site:
Additionally, you agree not to: