Terms and Conditions for AAS Products & Services

1. BACKGROUND

1.1 These Terms and Conditions (Terms) are between a School (you, School) and Janison Solutions Pty Ltd (ACN 081 897 494) (trading As Academic Assessment Services (AAS, us and our). Janison Solutions Pty Ltd is a wholly owned subsidiary of Janison Education Group (Janison).

1.2 AAS provides schools with the opportunity to complete online and/or at school Tests for their students and prospective students via Testing At School or Testing At Home (defined below).

1.3 You must issue the Privacy Notice contained in Attachment 1 to parents of your school or parents of students sitting for Scholarship Testing or Placement Testing at your school before you provide us with any personal information of students.

1.4 These Terms apply when you make a purchase directly from us for a Test or Test(s) to be undertaken, or use the Test Platform (Purchase), and/or register with us for Scholarship Testing or Placement Testing (Register).

1.5 In making a Purchase or Registering with us you acknowledge and agree to be bound by these Terms.

1.6 These Terms in addition to the Terms of Use and Privacy Policy form the entire agreement between you and AAS.

1.7 We reserve the right to amend these Terms at any time. 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 or registration of a School Account that are binding on you.

1.8 If you would like to contact us, please email our AAS customer service team at admin@academicassessment.com.au

2. DEFINITIONS

Access Period means the period of time during which the School will have access to the Platform.

Accessibility Request means a request made by or on behalf of a student for an Adjustment.

Adjustment means an adjustment, made on the grounds of disability, to the manner in which a Test is delivered, to the format of a Test or associated materials, or to the manner in which a student accesses the Platform or any practice or preparation materials made available by AAS. 

Business Day means a day that is not a Saturday, Sunday or public holiday in New South Wales. 

Authorised Users means an individual who you permit to access and use the Test Platform in accordance with the terms of this Agreement, such as individuals invited by you and individuals under managed accounts.

Charge means the fee that you will pay for our Product as set out in the Order or agreed via email.

Notification Date means the date that is thirty (30) Business Days before the first day of the Sitting Period for the relevant Test, or such later date as AAS and the School agree in writing.

Order means either the order form to which these terms and conditions are annexed or the order you have agreed over email with us.

Personal Information has the meaning given in the Privacy Act.

Placement Testing means testing to provide schools with data to support class placement and composition, progress tracking and general assessment of capability.

Platform means the online platforms we own which will be used to deliver the Test to you that includes the AAS Application Platform (the white label site where parents apply on behalf of their child), AAS Test Platform (for testing) and the AAS Reporting Platform (for reporting).

Privacy Act means the Privacy Act 1988 (Cth)

Product means the Test and associated materials and services provided by AAS to deliver the Test and the Platform.

Scholarship Testing means testing intended to rank incoming students on ability with a focus on higher achieving students for purposes such as the awarding of school scholarships or entry into specific school programs.

Services means the services we will provide in relation to the Test(s).

Sitting Period means the period of time where Testing At School Test sittings are permitted as advised to you from time to time.

Student Results means the results of Tests available for you to view on the Reporting Platform.

Test(s) means the AAS suite of tests including but not limited to Scholarship Testing and/or Placement Testing and associated products and services.

Testing At School means Test(s) to be completed on a school campus either online or via paper-based testing under the supervision of school staff and/or AAS staff.

Testing At Home means tests completed online by students and/or prospective students that are subject to parents agreeing to the ‘AAS Terms and Conditions for Parents’.

Website means the AAS website accessible at academicassessment.com.au

Your Data means: (a) any data, content, Personal Information, or other materials of any type submitted, uploaded, transmitted or otherwise made available to AAS, including on or through the Test Platform or Reporting Platform by you, on behalf of another person, or any person that accesses the Test Platform on your behalf.

3. OUR PRODUCTS AND SERVICES

3.1 AAS will deliver the Products and Services to you subject to you meeting your obligations as set out in clauses 4, 5 and 6.

3.2 The Platform will be available to you (and your Authorised Users via the Platform) by way of a non-exclusive, limited license for the duration as set out in your Order.

3.3 AAS will list your school on our website as a Participating School with a link to your Test(s). If you do not wish to be included please notify us in writing when you return your Order.

3.4 Authorised Users will have access to the Platform to view reports and compare data.

3.5 AAS will also provide up to two (2) hours of consultancy support spread over up to two (2) days. More consultancy support is available on request for an additional agreed payment.

4. REGISTERING A SCHOOL ACCOUNT FOR SCHOLARSHIP TESTING

4.1 In order to enable parents to purchase Tests through i) a portal on your school website (AAS will provide you with a link upon registration) or ii) directly through AAS, you must have an existing account. If you do not have an existing account you will need to contact us to create one.

4.2 Once registered, you must provide us with the material that will form the Test as well as any application requirements (for example school requirements and/or other details).

4.3 It is your obligation to provide us with the full details required for the scholarship test applicable to your school.

4.4 You must also provide us with:

4.4.1 confirmed dates for scholarship test;

4.4.2 nominated contact person;

4.4.3 confirmation of accuracy of information included by AAS on the AAS Application Platform before opening for registration.

5. COSTS & PAYMENT – SCHOLARSHIP TESTING

5.1 You agree to pay the Charge set out in your Order for Scholarship Testing.

5.2 AAS may (if applicable) also invoice you for one or more of the following Charges:

5.2.1 Late student application fee – $50.00 per student;

5.2.1.1 This fee will be charged in the event that a School agrees to register a student for the Scholarship test after the registration closing date.

5.2.2 Non-tested scholarship fee – $50.00 per student;

5.2.3 Remote testing fee local and international – $300.00;

5.2.4 If Schools choose to offer an alternative online testing date for students unable to attend in-person scholarship testing, parents will be charged a $300.00 registration fee.

5.2.5 Minimum fee for service – $3600.00

5.2.5.1 To meet the administration, invigilation and marking costs associated with scholarship testing, AAS reserves the right to charge a minimum fee for service.

5.2.6 No fee under clauses 5.2.1, 5.2.3 or 5.2.4 is payable by the School, or by a parent or guardian, where the relevant arrangement is provided as an Adjustment approved under clause 8.

5.3 Payment of invoices is due within 30 days of invoice.

5.4 You and AAS must agree in writing the fee that parents will pay for the Scholarship Testing (per individual Test taken) plus any administrative fees and Goods and Services Tax (GST) (Test Fee), that must include any administration fee that the School will retain as a portion of the Test Fee (School Payment).

5.5 Parents will pay the Test Fee directly to AAS through the ‘white label’ portal set up on your school website or directly to AAS.

5.6 We use the services of Secure Pay, the third-party payment module, to process payments for Scholarship Testing. You will be required to disclose personal payment information (e.g. credit card number, address, expiration date, etc.) to Secure Pay AAS will not collect, process, keep or store your personal payment information. AAS recommends that you read the Secure Pay Privacy Policy. AAS shall not be liable for any actions or omissions committed by Secure Pay.

5.7 Parents can pay via Credit Card (Mastercard or Visa) and must agree to the AAS Parent Terms and Conditions as well as Terms of Use and Privacy Policy.

5.8 At the end of each Sitting Period AAS will provide you with details of the number of individual Test(s) taken and will credit you with the agreed School Payment.

6. PLACEMENT TESTING

6.1 You and we must agree to the Sitting Period for any Testing At School.

6.2 Testing At School will involve us providing supervision staff and/or invigilators to conduct and mark the tests. If conducting online testing at School this will involve you providing staff to supervise the Tests(s).);

6.3 You must comply with the reasonable instructions provided by us in respect of Testing At School;

6.4 You agree to supervise, support, and assist in the delivery of the Test at School in accordance with these Terms and Conditions and ensure the Technical Requirements and Test Instructions are met for online testing.

6.5 For online testing, AAS will not be held responsible for technical issues with the student’s computer, the internet connection or the user’s lack of technological skills on the day of testing. If the technical requirements are not met then the student will not be permitted to participate.

6.6 Abusive, or detrimental conduct towards AAS staff will not be tolerated and in such instances, AAS reserves the right to take reasonable and appropriate measures to protect staff. During the Sitting Period, the School remains responsible for student behaviour (including but not limited to dismissal of students)

7. COSTS & PAYMENT – PLACEMENT TESTING

7.1 The price of the Test for Placement Testing is the price advised to you in your Order plus any administrative fees and Goods and Services Tax (GST) that you are required to pay us. Payment of invoices is due within 30 days of invoice.

7.2 You are responsible for any administrative fees that you incur, including any fees from refund requests or additional requests made by you to us.

7.3 You may pay for your order via direct bank transfer.

7.4 Any changed prices will not affect tests already purchased.

8. ACCESSIBILITY OPTIONS FOR STUDENTS

8.1 Each of the School and AAS acknowledges that it has its own obligations under the Disability Discrimination Act 1992 (Cth), the Disability Standards for Education 2005 and any applicable State or Territory anti-discrimination legislation, and that nothing in these Terms limits, excludes or transfers those obligations. This clause 8 allocates responsibilities between the School and AAS only. Nothing in this clause 8 entitles either party to decline an Adjustment that is required to be made under those laws.

8.1A AAS will maintain an Accessibility Policy, which will be provided to the School on written request, that sets out how an Accessibility Request is made, assessed, decided and communicated, and how a decision may be reviewed. Where the Accessibility Policy is inconsistent with this clause 8, this clause 8 prevails as between AAS and the School. 

8.2 Parent requests for accessibility adjustments for Scholarship Testing will be made upon application and advised to AAS upon parent and child registration. AAS will inform the School in writing of each Accessibility Request as soon as reasonably practicable after AAS receives it. 

8.3 The School is required to approve (or not) each Accessibility Request, having first consulted the student and the student’s parent or guardian about the Adjustment sought. The School must notify AAS in writing of its decision, and of any Accessibility Request that has not come to AAS through the application process, by no later than the Notification Date. The School must provide to AAS with that notification:

8.3.1 the student’s usual method of accessing written assessment material, including any assistive technology that the student ordinarily uses; 

8.3.2 any supporting documentation the School holds in relation to the Accessibility Request; and 

8.3.3 confirmation that the School has consulted the student and the student’s parent or guardian about the adjustment sought. 

8.4 AAS will notify the School within five (5) Business Days of receiving the School’s notification under clause 8.3 of: 

8.4.1 the adjustments that AAS considers can reasonably be made; 

8.4.2 any alternative adjustment that AAS considers would meet the student’s access requirements.

8.4.3 whether, in AAS’s assessment, the Adjustment affects the comparability of the student’s results with the results of other students sitting the same Test and, if so, how AAS proposes to address that. Where an Adjustment involves a substitute or materially altered assessment instrument, AAS will provide the School on request with a written statement of the basis on which the results may be compared with those of the standard Test, or will advise that comparability cannot be established.

8.5 Neither AAS nor the School will treat an alternative Adjustment proposed under clause 8.5.2 as agreed, or communicate it to the student or the student’s parent or guardian as the Adjustment that will be made, until the School has consulted the student and the student’s parent or guardian about that alternative and advised AAS of the outcome. AAS will not communicate directly with a parent or guardian about a proposed Adjustment except through, or with the written agreement of, the School. 

8.6 Neither the School nor AAS will decline an Accessibility Request, or communicate to a student or a student’s parent or guardian that a requested adjustment will not be made, without first consulting the other. Where either party considers that a requested adjustment cannot reasonably be made, the parties will confer within five (5) Business Days to consider alternative adjustments and to agree the response to the parent or guardian. Subject to that consultation, it remains the School’s obligation to notify and communicate with the parent or guardian in respect of what accessibility adjustments are (or are not) available to the student.

8.7 Where an Accessibility Request is notified to AAS after the Notification Date, AAS will use reasonable endeavours to accommodate it but is not liable to the School for any inability to do so within the Sitting Period. The parties will confer in accordance with clause 8.6 as to alternative arrangements, which may include a deferred sitting. AAS will not rely on this clause 8.7 where the Accessibility Request could not reasonably have been made before the Notification Date, including because of a late diagnosis, a recently acquired disability or a late enrolment.

8.8 AAS will keep current, a statement of the accessibility of the Platform and of any practice or preparation materials AAS makes available, together with a list of the assistive technologies (including screen readers) with which the locked-down browser referred to in clause 17.4 is compatible.

8.9 Each party must keep records of each Accessibility Request, the consultation undertaken, the adjustments provided and the reasons for any decision made, for not less than seven (7) years, and must provide copies of those records to the other party on request in connection with any complaint, investigation or regulatory enquiry.

8.10 All materials adapted as an Adjustment are owned by AAS in accordance with clause 18, and AAS may re-use those materials for any purpose.

8.11 The School indemnifies AAS against any loss, cost or liability that AAS incurs as a result of the School’s unreasonable failure to notify an Accessibility Request in accordance with clause 8.4, or as a result of information provided by the School under clause 8.4.1 being inaccurate or incomplete. This clause 8.10 does not apply where the Accessibility Request could not reasonably have been notified by the Notification Date, and does not operate to reduce any liability of AAS arising from AAS’s own act or omission.

9. YOUR OBLIGATIONS

Your responsibility to communicate to parents

9.1 You are responsible for communicating any Test dates, accessibility adjustments, Sitting Dates, changes to Test dates and other relevant information related to the delivery of the Test and results to parents upon confirming that information from us. The School must communicate a decision on an Accessibility Request in sufficient time to allow the parent or guardian to seek review under the Accessibility Policy before the Sitting Period.

Your privacy and confidentiality obligations

9.2 It is your responsibility to ensure that:

9.2.1 any information you provide to us is in accordance with the Privacy Act 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;

9.2.2 you provide us with any information reasonably necessary for us to supply you or your students with the Services;

9.2.3 where AAS requires additional consents from you, parents, or your students, that you obtain these so that we can deliver the Services;

9.2.4 you issue parents of your school with the privacy collection statement attached in Attachment 1 before you provide us with any personal information of your students;

9.2.5 if you intend to share personal information from the Services with third parties, you obtain the correct consent from students and their parents to do so.

Other obligations

9.3 When using our Test or Services, you must:

9.3.1 only use the Test and Services for the purpose of conducting the Test that you have purchased;

9.3.2 ensure all students and staff use the Platform in accordance with these Terms and Test Instructions;

9.3.3 only allow students who meet our eligibility criteria to sit a Test;

9.3.4 ensure that there is a registered teacher supervising the students during an online Testing at School;

9.3.5 ensure that any hardware or firewall restrictions do not limit you or any of your students from accessing our Test and Services;

9.3.6 only access the Test and Services through your unique user account;

9.3.7 inform and keep informed its employees of the sensitive nature of Student Results and the requirement for confidentiality by the School;

9.3.8 ensure that the correct permission is granted to a school staff member (Administrator or Standard User) for access to the Platform;

9.3.9 ensure the correct permissions are granted to a school staff member regarding the access controls around the Grade, Test and Reports types within the Platform;

9.3.10 monitor usage of the Platform, and the School must disable or otherwise ensure than any persons who cease to be employed by the School or no longer require access to Student results cannot access the Platform. If the School becomes are aware of any breach of this clause the School must notify AAS in writing without delay.

9.4 You are responsible and liable for any activity that happens on your account.

9.4 You must ensure all networks and systems holding data for AAS are secure.

Prohibitions

9.6 You must not:

9.6.1 interfere or disrupt any technological protection measures on our Test Platform;

9.6.2 combine, integrate or otherwise use the Test or Test Platform with any other application, device, system or thing if this is not contemplated for by the Assessments User Guide unless you have written permission to do so from AAS.

9.6.3 resell, reproduce, decompile or reverse-engineer the Test Platform or Test;
disclose any school code or school password to any other person. If a disclosure has occurred, you must let AAS know immediately;

9.6.4 disclose student results or any part thereof to any third party, including natural persons or corporations, excepting parents or guardians of students, employees of the School or as required by law;

9.6.5 permit any person to have access to student results or the Platform unless that person is an employee of the School, and the person requires such access in the performance of his or her duties to the School, and the person has the training, qualifications and expertise to appropriately use student results.

10. DELAYS CAUSED BY YOU

10.1 If our ability to deliver the Products and/or Services are delayed because you did not fulfil your obligations under these Terms (Obligation Failure), AAS:

10.1.1 will be allowed to suspend your access to any part of our Services until you resolve the Obligation Failure; and;

10.1.2 will be entitled to a reimbursement by you of any costs that we have incurred as a result of your Obligation Failure.

10.2 AAS will not be responsible for any of your costs or losses as a result of your Obligation Failure.

11. CANCELLATION and/or TERMINATION BY AAS

11.1 We are entitled to cancel your order if:

11.1.1 the Test you have requested to purchase is no longer available;

11.1.2 there is an error in the description of the Test listed; or

11.1.3 you have not provided the information we require to administer the Test(s).

11.2 If your order is cancelled by us, we will provide you with reasonable notice and issue a refund to you.

11.3 AAS 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.

12. CANCELLATION and/or TERMINATION BY YOU

12.1 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.

13. CANCELLATIONS, REFUNDS, CREDIT NOTES OR ALTERNATIVE SITTING PERIOD

Cancellation

13.1 Changes to the dates of Sitting Period(s) for Tests must be advised to AAS, a minimum of 14 days prior to Testing Date. Changes made with less than 14 days’ notice may not be able to be accommodated and may be subject to full payment of the total price listed on your Order.

13.2 Cancellations of Tests without 90 days prior written notice (prior to Testing Date) will be subject to an administration fee of 50% of the total price listed on your Order.

13.3 Cancellations of Tests without 14 days prior written notice (prior to the Testing Date) will be subject to full payment of the total price listed on your Order.

13.4 If the School alone decides to cancel any Services provided by us or to change a Sitting Period, the School is responsible for:

13.4.1 notifying AAS of their intention to cancel or change Sitting Period; and;

13.4.2 informing the parents of the School of their intention to cancel or confirmation of cancellation.

13.5 Where the School has directed parents pay for Scholarship Testing and the School decides to cancel the Services, AAS is entitled to recover the cost of any refunds made to the parents from the School. The School must pay such costs on demand following notice in writing from AAS.

13.6 AAS will not be liable to provide a refund where the School decides to cancel any Services provided by us. However, AAS may provide a refund or credit note at its discretion.

13.7 Clauses 13.1-13.3 do not apply to Schools which are required to cancel a test due to an unforeseen circumstance (see Clause 14.3).

Refund Procedure

13.8 You may request a refund by withdrawing your application prior to the closing date for Testing and request a refund by email to admin@academicassessment.com.au or by telephone;

13.9 Your Refund Request will be considered in-line with our Refund Policy.

13.10 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.

13.11 The School accepts any reasonable administrative fees associated with processing a refund.

13.12 The approval of any Refund Requests, including whether a refund or credit note will be provided, to either Schools or parents, is at the discretion of AAS.

13.13 Nothing in these Terms exclude any rights that you have under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

13.14 Except where Australian Consumer Law applies, AAS will not provide a refund if:

13.14.1 you change your mind about a Test purchase; or.;

13.14.2 you request a refund for a Test which is provided to you as an electronic Test.

13.15 Refunds will generally be accepted where:

13.15. 1there is a delay caused by AAS and no alternative Sitting Period can be agreed on.

14. Force Majeure or an Impractical Event

14.1 We will not be liable or responsible if we cannot deliver the Test or Services due to an event that is beyond our control. (Force Majeure Event).

14.2 If a Force Majeure Event occurs, AAS will communicate with you about any alternative Sitting Periods. If no alternative Sitting Period can be agreed to between AAS and the School, a refund or credit note will be provided to you.

14.3 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), AAS will provide you with an alternative Sitting Period. If no alternative Sitting Period can be agreed upon, you may request a refund, showing evidence:

14.3.1 of the Impractical Event;

14.3.2 that no alternative Sitting Period is suitable.

15. HOW WE WILL COMMUNICATE WITH YOU

15.1 All our communication with you will be provided through the contact details you have provided us.

15.2 You agree that we may contact you to:

15.2.1 share information, Test, offers, events and news about other Tests and services (including those offered by our affiliates); and;

15.2.2 invite you to participate in research, marketing and promotional activities undertaken by us for our Test and Services.

15.3 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.

16. LIMITATION OF LIABILITY

16.1 To the extent that legislation allows, neither, Janison AAS nor the School will have any liability to each other for any damages under this Contract, except as expressly provided for in these Terms.

16.2 Where liability does arise for AAS or Janison, AAS and 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.

16.3 Neither AAS or Janison shall be liable for any indirect or consequential loss or damage howsoever caused.

16.4 Nothing in these Terms is intended to exclude your rights under the Australian Consumer Law.

16.5 Nothing in this clause 16 limits or excludes any liability that cannot be limited or excluded at law, including any liability arising under the Disability Discrimination Act 1992 (Cth), the Disability Standards for Education 2005 or any State or Territory anti-discrimination legislation. The School acknowledges that the limit in clause 16.2 does not apply to a claim brought by a student, parent or guardian who is not a party to these Terms. 

17. CONFIDENTIALITY AND PRIVACY

17.1 The School acknowledges and agrees that:

17.2 The School is responsible for obtaining consent from students (and student’s parents if they are under the age of eighteen) to provide AAS with personal information of students;

17.3 The School is also responsible for obtaining consent from students (and student’s parents if they are under the age of eighteen) if the School requires AAS share or disclose data to a third party at the direction of the School.

17.4 Online Tests will be provided through a locked-down browser that does not allow access to other websites, applications or aids such as spell checkers etc.

17.5 In some cases, students must use a computer with a camera that will allow the transmission of their photograph and the recording of the testing examination session/s.

17.6 AAS will not use images of any student for any purpose other than ensuring the validity of the online Test such as cross checking the identity of the student undertaking the Test.

17.7 AAS will collect personal information for students making application to sit for online examinations, for the following purposes:

17.7.1 to confirm the identity of the student undertaking the examination;

17.7.2 to ensure the security of exam conditions at the student’s location;

17.7.3 to allow for a check of the validity of the test results;

17.7.4 to aid Schools regarding the set up / preparation for the examination, if the examination is to be conducted at a venue other than the designated school.

17.7.5 AAS will only collect Personal Information from you for the purpose of:

17.7.6 delivering the Test and Services to you;

17.7.7 to generate reports and analysis and to improve our Test and Services;

17.7.8 communicate with you, including providing information about AAS Tests, offers, news, services and events which we consider may be of interest to you.

17.8 Any Personal Information you provide to us for the purposes of us delivering our Test to you will be held in Australia.

17.9 We may utilise third party’s to assist us in delivering the Test and/or Services. Such third party’s may be located overseas, for further information please see our Privacy Policy janison.com/privacy-policy.

17.10 Any disclosure and collection of personal information will be in accordance with our Privacy Policy janison.com/privacy-policy and in accordance with the Privacy Act and the Australian Privacy Principles.

17.11 We may use de-identified and aggregated information provided for any business purpose, including sharing de-identified data with third party partners. This clause 17.11 does not apply to information about a student’s disability, health or accessibility requirements, which AAS will use only for the purposes of assessing and providing an Adjustment under clause 8. 

17.12 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.

17.13 If a party is aware of or reasonably suspects that Student Data has been acquired by or accessed by a person not entitled to such access under this Agreement (Data Breach), that party must notify the other party in writing as soon as reasonably practicable.

18. INTELLECTUAL PROPERTY

18.1 All copyright in both printed and online versions of Tests and the Test Platform are owned by us Including but not limited to the assessment material, data and subsequent test results and reports provided to schools and parents.

18.2 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 Test and Test Platform without written permission from us.

18.3 You, your staff, students and parents are not entitled to photograph, print, copy, duplicate or otherwise access the content of our Tests and/or Test Platform which are protected by copyright and our Intellectual Property rights. Any attempt to do so may result in legal action against you.

18.4 You must, and must cause your employees and contractors to keep the student results confidential except where required for the proper use of the student results.

18.5 When you make a purchase, we give you a non-exclusive, royalty-free, licence to use, publish or communicate the Test or Test Platform to the extent that it is necessary to deliver the test at your School. At the end of the Sitting Period, your license for that subject ends.

18.6 Any breach of our Intellectual Property Rights may result in us claiming monetary damages or criminal charges against you.

18.7 You agree, on behalf of your staff, students, and parents that any content provided to AAS (for example answers input by students responding to a question in a Test) (user generated content) may be used by AAS for its internal business purposes (for example in marking guides and training materials) to deliver and/or improve the Test and Services (purpose) and you provide AAS 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 our purposes with no payment to you).

18.8 Display by AAS of the above user generated content will be de-identified (no name included). You agree that AAS may engage in actions or omissions that would, in the absence of your consent, amount to an infringement of moral rights.

18.9 Parents do not have access to test data, raw scores, rankings or detailed diagnostic data.

18.10 Parents do not have access to any testing material including answer sheets and written expression responses.

18.11 AAS does not provide follow-up discussion regarding student results with parents or students. Some schools choose to report to parents outlining the general categories of their child’s results (Parent Report). The issuing of this Parent Report is at the sole discretion of the school. Not all schools report the testing results. Parents may wish to check via the school’s website or enrolment office regarding the reporting of results.

19. RESTRICTION OF ACCESS

19.1 AAS may restrict your access to our Test or Test Platform:

19.1.1 if you breach these Terms;

19.1.2 for scheduled or emergency maintenance;

19.1.3 in order for AAS to rectify issues, update or improve the Test; or

19.1.4 if there is an emergency, and restriction is required as a response.

19.2 AAS will use its best endeavours to schedule maintenance outside of test events as to limit any impact on the school’s assessment. However, where a scheduled maintenance will cause a disruption to Test Platform, AAS will provide you with 14 days written notice.

19.3 If any access restrictions mean that an assessment sitting is disrupted, you are entitled to a replacement sitting date.

20. YOUR DATA

20.1 When you make Your Data available to us to or through the Test Platform or otherwise in connection with the use of any Test, 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 Test and Test Platform for the purposes of providing our services to you, and enhancing, improving and further developing our Tests and services.

20.2 You must ensure that Your Data, and its collection, use, processing and/or disclosure to AAS, including via the Test Platform (i) complies with all applicable laws and (ii) will not infringe any intellectual property rights of any person, or violate any privacy, publicity or other rights; and;

20.3 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 this Agreement. 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.

20.4 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 process of the Personal Information of the Minor by us in accordance with this Agreement;

20.5 You further 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 AAS Test by you and/or your Authorised Users and to grant the rights granted to us in this Agreement.

21. MISCELLANEOUS

21.1 Governing Law
These Terms are governed by the laws of New South Wales, Australia, and the courts of New South Wales have exclusive jurisdiction.

21.2 Non-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.

21.3 Execution
You accept these Terms when you do one of the following: i) sign an electronic Order attaching these terms, ii) click to accept these terms as part of your Order, iii) agree over email as part of your Order to accept these terms, or iv) if you continue to use the Products and Services after these Terms have been provided to you, in which case such notice may be relied upon by Janison as your consent to these terms. Janison’s failure to enforce at any time any provision of these Terms does not constitute a waiver of that provision or of any other provision of these Terms.

21.4 Survival of Terms
Even after the Contract is completed, Clauses 16-20 continue to apply.

Attachment 1 – Privacy Collection Statement

Privacy notice from Janison Solutions Pty Ltd (trading as Academic Assessment Services) and Janison Education Group (We, Us, Our).

To deliver assessment Tests, we will require your child’s School or the School where your child is sitting Scholarship Testing or Placement Testing  to obtain your consent to 1) provide us with personal information of students or 2) allow us to disclose personal information to School authorised third parties.  We will collect, store, use, disclose and otherwise deal with such personal information in accordance with our agreement with your School and our Privacy Policy. We are aware of our responsibility to protect personal information related to children and students from being disclosed when we deliver a Test. Unless you, as the child’s legal guardian consents, we will not:

• collect any personal information or data of children other than the information we need for the successful completion of an assessment, test or exam;
• transfer any personal information we obtain from a child in the delivery of assessments and tests to any jurisdiction outside of Australia;
• share any personal information relating to children with any third parties (except for those third parties necessary for us to carry out our Services); or
• use any personal information or data relating to children for marketing purposes.

Online Testing

The examination will be provided through a locked-down browser that does not allow access to other websites, applications or aids such as spell checkers etc.

In some cases, students must use a computer with a camera that will allow the transmission of their photograph and the recording of the testing examination session/s. No images of any child will be used for any purpose other than ensuring the validity of the online examination.

Privacy Policy

You can view our full Privacy Policy at janison.com/privacy-policy

Retention

We may retain personal information and data relevant to a child for their future purposes or for research purposes by Janison for the duration of the school life-cycle of the child. 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 privacy@janison.com