ICAS ASSESSMENTS TERMS AND CONDITIONS
- A Customer that purchases the Product from UNSW Global Pty Limited (ABN 62 086 418 582) (UNSW Global) agrees to these Terms and Conditions.
- These Terms and Conditions are governed by, construed and take effect in accordance with the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
- UNSW Global may vary these Terms and Conditions from time to time without the agreement of any other party where it considers the variation to be reasonably necessary to protect its legitimate business interests.
- These terms apply to both paper and online versions of the Product.
- UNSW Global may determine, in its discretion, whether Assessments will be available in online or paper format and Customers will be advised of format options on the Product Site, the System or prior to purchase.
2. Purchase of the Product and Payment
- In consideration of the Customer’s payment of the Product, UNSW Global will deliver the Product to the Registered School of the Student in respect of which the Customer has purchased the Product, in accordance with the Product Terms for Registered Schools. The Customer will not be granted access to the Product or Product Platform.
- The Product is available for purchase on the System or as otherwise instructed by UNSW Global.
- The Customer must be a parent or guardian of the Student in respect of which the Product is purchased.
- Payment for the Product can be made online on the System by Visa or Mastercard. UNSW Global will not accept payment by other methods (such as cheque, cash or EFT).
- The Customer should retain a copy of the Purchase Confirmation that will be emailed to its nominated email address as an official tax invoice or tax receipt.
3. Eligibility for medals
- Medals are only awarded when a top score in each year level in each state or territory is judged by UNSW Global to be sufficiently meritorious.
- The awarding of all medals is at the sole discretion of UNSW Global.
- To ensure the integrity of ICAS Assessments, UNSW Global reserves the right, in its sole discretion, to investigate any fact or matter which it believes may have affected a student’s performance or eligibility for the awarding of medals.
- Students enrolled in Registered Schools who sit ICAS Assessments before the official Sitting Date with the written approval of UNSW Global are eligible for medals.
- Students enrolled in Registered Home Schools or Designated Institutions are not eligible for medals unless they make arrangements to sit ICAS Assessments at other Registered Schools at their own cost. Students of Registered Home Schools or Designated Institutions will receive certificates and reports, whether they sit ICAS Assessments at their regular premises or at another Registered School.
4. Prices and charges
- Current Prices for the Product can be found on the System.
- UNSW Global reviews pricing annually and Prices are subject to change. Changes to pricing are disclosed on the System.
5. Cancellations, refunds and credit notes
- If UNSW Global is unable to deliver an Assessment on a particular Sitting Date due to reasons within its reasonable control, the Customer should instruct their Registered School to request an additional Sitting. If an additional Sitting is not organised, the Customer will be entitled to a refund for the amount it has paid UNSW Global in respect of the particular Assessment. UNSW Global’s obligations and liabilities in respect of any other failure to deliver the Product in accordance with applicable law are set out in section 7.2.
- UNSW Global will not be responsible, and will not be liable to provide any refund or credit note to the Customer, for any failure to deliver an Assessment to the Registered School in respect of which the Customer purchased the Product, where the failure is due to reasons beyond UNSW Global’s reasonable control (such as the actions of a third party or natural disasters).
- A Customer will not be entitled to a refund or credit note in respect of any portion of the Price paid for the Product if a Registered School fails to schedule all permitted Sittings associated with the Assessments that the Customer has purchased during the relevant Sitting Date or any additional Sitting organised under section 5.1.
- For the purposes of sections 5.1 and 5.3, refunds and credit notes must be requested in writing by a Customer by completing a Refund Request Form (available on the System) and submitting it to their child’s Registered School in accordance with the instructions on the System.
- All credit notes must be used within one year of the date of issue, failing which the credit note will expire.
6. Data and privacy
- In order to deliver the Product to the Registered School of the Student in respect of which the Customer has purchased the Product, UNSW Global needs to collect or create, and disclose to the Registered School of the Student and Authorised Business Partners, information such as the Customer’s contact details, the Student’s name, year level, the Student’s results and school results (Data). UNSW Global stores, uses and modifies the Data in order to generate reports, conduct research and analysis, and improve its products and services. UNSW Global will not hold or use the Data that constitutes personal information for longer than 15 years. The Customer consents to UNSW Global’s use of the Data in the manner outlined above.
- Once a Customer purchases the Product on the System, UNSW Global or its agents may email or otherwise contact the Customer from time to time in order to:
- deliver to the relevant Registered School the products or services that the Customer has purchased from UNSW Global;
- share information with the Customer about UNSW Global’s other products and services; and
- invite the Customer to participate in UNSW Global’s research, marketing and promotional activities.
- The Customer may opt out of receiving the communications referred to in sections 6.3(b) or 6.3(c) at any time by contacting UNSW Global or, in the case of electronic messages, using the unsubscribe facility included in the message.
- UNSW Global may disclose the Data to market research, public relations and other business partners from time to time in order to carry out on behalf of UNSW Global, marketing, research and business development activities. UNSW Global will ensure that to the extent this Data relates to students, it will be de-identified prior to disclosure to the business partner.
7. Liability of UNSW Global
- Subject to section 7.2, UNSW Global makes no warranty or representation regarding the suitability of the Product for any particular purpose or use.
- Where legislation implies into these Terms and Conditions any guarantee, condition or warranty, or provides any other rights or remedies, and that legislation voids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such guarantee, condition or warranty or other rights or remedies, the liability of UNSW Global for any breach of the guarantee, condition or warranty or under any other rights or remedies will be limited to one or more of the following, at UNSW Global’s election:
- providing to the relevant Registered School a replacement Product or part of the Product that is equivalent to the Product or part of the Product that the Customer originally purchased; or
- repairing the Product or part of the Product in question; or
- paying the cost of providing to the relevant Registered School a replacement Product or part of the Product, or of the Customer acquiring an equivalent product or part of the Product; or
- the payment of the cost of having the Product or part of Product repaired; and
- supplying any related Services again; or
- paying the cost of having any related Services supplied again.
- To the maximum extent permitted by law:
- UNSW Global’s maximum aggregate liability to a Customer under these Terms and Conditions is limited to the total Price paid by that Customer in respect of the Product in the 12 months preceding the event alleged to give rise to liability; and
- UNSW Global is not liable for any consequential, special or indirect loss alleged to be suffered by the Customer, including for payment of any damages, compensation or liabilities of any kind.
In these Terms and Conditions, except where the contrary intention is expressed, the following definitions are used:
Administrative Fees means administrative fees that UNSW Global charges in respect of processing refunds, credit notes or performing other administrative tasks in connection with the supply of the Product or Services, the rate(s) for which are specified on the Product Site.
Alternative Sitting Date means a period of time for Sittings other than the Sitting Date.
Assessment means an assessment associated with the Product.
Authorised Business Partner means Janison Solutions Pty Ltd (ABN 35 081 897 494) or such other persons that UNSW Global identifies in writing as its authorised business partners from time to time, either on the UNSW Global Assessments website, the System or in direct communications with a Customer.
Booklets means the paper assessment booklets for the Product.
Closing Date means the date by which Paper Orders must be made, as published on the Product Site.
Customer means a person eligible under clause 2.3 to purchase the Product on the System.
Data has the meaning given to that term in section 6.1.
Designated Institution means such institutions that UNSW Global determines are eligible to purchase the Product from time to time.
Paper Orders means orders for the purchase of Booklets for students.
Price means the price per Assessment or package of Assessments per student per year, as set out on the System.
Product means the ICAS Assessments online and paper assessment product of UNSW Global comprising individual questions that form part of the Assessments, reports generated on the Product Platform, the ICAS Assessments User Guide and other online and paper support materials.
Product Platform means the online platform on which the Product is delivered.
Product Site means the UNSW Global website for the Product, located at https://unswglobal.unsw.edu.au/educational-assessments/products/ICAS-assessments
Product Terms for Registered Schools means the terms and conditions on which UNSW Global delivers the Product to a Registered School, available here.
Purchase Confirmation means the email which is sent by UNSW Global to a Registered School confirming receipt of payment in respect of the Product.
Registered Home School means a home school registered by the relevant government department or agency responsible for administering the school system in the jurisdiction in question, to permit a person (usually a parent or guardian of a student) to home school their child or children.
Registered School means a school registered by the relevant government department or agency responsible for administering the school system in the jurisdiction in question, Registered Home Schools and Designated Institutions.
Services means services that UNSW Global provides to a Customer in connection with the supply of the Product to a Registered School.
Sitting means a sitting by a Student of an Assessment.
Sitting Date means the date on which Sittings are permitted, as published on the Product Site.
Student means a student of a Registered School.
Subjects means the areas of knowledge that are assessed in an Assessment, as listed on the Product Site.
System means the online payment system on which the Product may be purchased by a Customer, as advised by UNSW Global or its agents from time to time.
UNSW Global Contact List Page means the website located at https://unswglobal.unsw.edu.au/educational-assessments/international-customers
Usual Business Hours means, for Australia-based inquiries, 9:00am to 5:00pm Australian Eastern Standard Time on days other than Saturdays, Sundays or public holidays in New South Wales.
Inquiries from other countries listed on the UNSW Global Contact List Page should be made during usual business hours in that country.