Terms of Service

INTRODUCTION

The Company provides the PTEPlus online application for conducting educational assessments. Use of PTEPlus is subject to these Terms of Service.

Definitions

The following terms are used regularly throughout these Terms of Service and have a particular meaning:

  1. ABN means Australian Business Number.
  2. Agreement means the agreement formed between the Users and the Company under, and on the terms of, these Terms of Service.
  3. Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Melbourne, Australia.
  4. Company means Language Plus Pty Ltd ABN 56 622 138 774.
  5. Corporations Act means the Corporations Act 2001 (Cth).
  6. Educator means an organisation that uses PTEPlus as an Educator and is responsible for each Teacher and Student authorised by the Educator.
  7. Educator Agreement means any Educator Services Agreement, or other agreement that grants the Educator a licence to use PTEPlus as an Educator, between the Educator and the Company.
  8. PTEPlus means:
    1. The PTEPlus digital platform accessible from
      https://pteplus.com.au
      ; and/or
    2. Associated services and digital sites linked to https://pteplus.com.au offered by the Company, its subsidiaries and affiliates; and/or
    3. Any PTEPlus mobile application.
  9. Fee means a fee charged by the Company for use of PTEPlus.
  10. GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  11. Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.
  12. Intellectual Property Rights means, for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property, applications for the registration of any Intellectual Property and any improvements, enhancements or modifications to any Intellectual Property registrations.
  13. Material means :
    1. Any Question or set of Questions constituted in the PTEPlus quizzes, homework, practice, test, or assessment deployed via PTEPlus; and/or
    2. ii Example solutions to any Question.
  14. Privacy Act means the Privacy Act 1988 (Cth).
  15. Privacy Policy means the Company’s privacy policy as updated from time-to-time, which can be found at
    https://pteplus.com.au/privacy-policy
    .
  16. Question means a question, problem, writing brief or puzzle in a Material.
  17. Rules of Conduct means any additional rules for conduct that apply to a User’s use of PTEPlus required by the Educator, including any specific agreement between a User and the Educator.
  18. Student means a User that uses the features of PTEPlus associated with a registered Student account, authorized by an Educator.
  19. Licence means PTEPlus Licence provided to the Educator subject to an Educator Agreement.
  20. Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  21. Teacher means a teacher or instructor that uses the features of PTEPlus associated with a registered Teacher account, authorized by an Educator.
  22. Terms of Service means the terms and conditions of using PTEPlus, as updated from time-to-time, which can be found at
    https://pteplus.com.au/terms
    .
  23. User includes any registered Educator, Teacher or Student that uses PTEPlus.
  24. User Content means images, information, documents or other data that is uploaded or input into PTEPlus by the User or that forms part of the User’s Intellectual Property.
  1. USING PTEPlus
    1. General
      1. To use PTEPlus, the User must log into PTEPlus and have set up their account.
      2. The User agrees that all use of PTEPlus is subject to these Terms of Service.
      3. The User shall be responsible for:
        1. Paying the Fees for using PTEPlus; and
        2. Their use of PTEPlus
      4. The Educator shall be responsible for:
        1. Paying the Fees for using PTEPlus, if applicable, under an Educator Agreement; and
        2. Each Student and Teacher’s use of PTEPlus that the Educator authorises, if applicable, under an Educator Agreement.
      5. The Company may suspend the account or restrict the access of any User that breaches the terms of this Agreement.
      6. Users under the age of 18 years must not use PTEPlus without their parent or legal guardian’s consent.

  2. LICENCE & USE
    1. Licence
      1. The Educator or User subscribes for, and the Company grants, a Licence to access PTEPlus for the User, or the Educator and its authorised Users, subject to the terms of this Agreement, and any Educator Agreement.
      2. Each Educator Agreement, if applicable, shall determine the extent of the Educator’s Licence and any other inclusions as shall apply to the Educator and its Users.
    2. User Access
      1. PTEPlus shall be accessible to Users or Users authorized by the Educator, subject to the Educator’s ongoing Licence, if applicable, under an Educator Agreement.
      2. To use PTEPlus, the User agrees to the terms of:
        1. This Agreement;
        2. The Privacy Policy; and
        3. If applicable, any Rules of Conduct that may apply between an Educator and each User authorised by the Educator under an Educator Agreement.
      3. The User must immediately cease to use PTEPlus if the User can no longer agree or adhere to clause 2.2(b)
      4. The User agrees to use PTEPlus in accordance with any instructions provided by the Company, within PTEPlus, and/or via the Support contact
        support@pteplus.com.au
        .
    3. Using PTEPlus
      1. PTEPlus shall enable a User to:
        1. Complete Materials by answering Questions;
        2. View the results of Materials they have completed; and
        3. Such other features the Company may enable for the User from time-to-time.
      2. PTEPlus may enable an Educator or employee of an Educator to:
        1. Assign Materials to Students;
        2. View and grade answers to Materials provided by Students:
        3. View aggregated information on Students’ answers to Questions;
        4. Receive notifications and reminders; and
        5. Such other features the Company or an Educator may enable for the Teacher from time-to-time, if applicable, under an Educator Agreement.
      3. The Company has no liability to the Educator for any use of PTEPlus made by a User authorized by the Educator, including without limitation:
        1. A User that fails to comply with any Rules of Conduct;
        2. A Teacher that fails to meet their duty of care to a Student or the Educator;
        3. A Student that provides inaccurate information, fails to provide information, or does not respond to a Question or Material.
      4. Each User agrees that it shall only use PTEPlus for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.
      5. In no event will the Company be liable to a Student for the results or outcomes of the Student answering any Question or Material.
      6. For the avoidance of doubt, the Company does not provide education services or advice, and owes no User a duty of care as such. PTEPlus is provided as a tool for conducting and evaluating assessments only, and its efficacy is dependent on each User’s correct operation.
      7. The Company makes no representation as to the qualifications or credentials of any User. It is each User’s responsibility to ensure they hold any relevant qualifications necessary to make use of PTEPlus, including registration as an education provider.
      8. Any dispute between Users relative to their use of PTEPlus, must be dealt with by the relevant Users without the involvement of PTEPlus. In no event will the Company perform a dispute resolution service in the event of a dispute between Users.
  3. General Conditions
    1. Licence
      1. By accepting the terms and conditions of this Agreement, the User is granted a limited, non-exclusive and revocable licence to access and use PTEPlus for the duration of this Agreement, in accordance with the terms and conditions of this Agreement.
      2. The Company may issue the licence to the User on the further terms or limitations (including without limitation the number of users or volume of use, number of Materials) as it sees fit.
      3. The Company may revoke or suspend the User’s licence(s) at any time:
        1. For breach of the terms and conditions in this Agreement by the User; or
        2. If the Educator Agreement is terminated for any reason
    2. Modification of Terms
      1. The terms of this Agreement may be updated by the Company from time-to-time.
      2. Where the Company modifies the terms, it will provide the User with written notice, and the User will be required to accept the modified terms in order to continue using PTEPlus.
    3. Software-as-a-Service
      1. The User agrees and accepts that PTEPlus is:
        1. Hosted by the Company and shall only be installed, accessed and maintained by the Company, accessed using the internet or other connection to the Company servers and is not available ‘locally’ from the User’s systems; and
        2. Managed and supported exclusively by the Company from the Company servers and that no ‘back-end’ access to PTEPlus is available to the User unless expressly agreed in writing.
      2. As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter PTEPlus.
    4. Support
      1. The Company provides user support for PTEPlus via the email address:support@pteplus.com.au
    5. Use & Availability
      1. The User agrees that it shall only use PTEPlus for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.
      2. The User is solely responsible for the security of its username and password for access to PTEPlus. The User shall notify the Company as soon as it becomes aware of any unauthorised access of its PTEPlus account.
      3. The User agrees that the Company shall provide access to PTEPlus to the best of its abilities, however:
        1. Access to PTEPlus may be prevented by issues outside of its control; and
        2. It accepts no responsibility for ongoing access to PTEPlus.
    6. Privacy
      1. The Company maintains the Privacy Policy in compliance with the provisions of the Privacy Act for data that it collects about the User and other Educators.
      2. The Privacy Policy does not apply to how the Educator handles personal information. If necessary under the Privacy Act, it is the Educator’s responsibility to meet the obligations of the Privacy Act by implementing a privacy policy in accordance with law.
      3. PTEPlus may use cookies (a small electronic tracking code) to improve a User’s experience while browsing, while also sending browsing information back to the Company. The User may manage how it handles cookies in its own browser settings.
    7. Data
      1. Security. The Company takes the security of PTEPlus and the privacy of its Users very seriously. The User agrees that the User shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them.
      2. Transmission. The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards. It is up to the User to ensure that any transmission standards meet the User’s operating and legal requirements.
      3. Storage. The Company stores data on servers based in Australia according to accepted industry standards. If the User requires its User Data to be stored in a different location, the Company may charge the User a fee to do so.
      4. Backup. The Company shall perform backups of its entire systems in as reasonable manner at such times and intervals as is reasonable for its business purposes. The Company does not warrant that it is able to backup or recover specific User Data from any period of time unless so stated in writing by the Company.
    8. Intellectual Property
      1. Trademarks. The Company has moral & registered rights in its trade marks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
      2. Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of PTEPlus.
      3. The PTEPlus platform. The User agrees and accepts that PTEPlus is the Intellectual Property of the Company and the User further warrants that by using PTEPlus the User will not:
        1. Copy PTEPlus or the services that it provides for the User’s own commercial purposes; and
        2. Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in PTEPlus or any documentation associated with it.
      4. Content. All content submitted to the Company, whether via PTEPlus or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to PTEPlus.
    9. Disclaimer of Third Party Services & Information
      1. The User acknowledges that PTEPlus is dependent on third-party services, including but not limited to:
        1. Telecommunications services;
        2. Hosting services;
        3. Email services; and
        4. Analytics services.
      2. The User agrees that the Company shall not be responsible or liable in any way for:
        1. Interruptions to the availability of PTEPlus due to third-party services; or
        2. Information contained on any linked third party website.
    10. Liability & Indemnity
      1. The User agrees that it uses PTEPlus at its own risk.
      2. The User acknowledges that the Company is not responsible for the conduct or activities of any User and that the Company is not liable for such under any circumstances.
      3. The User agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the User’s use of or conduct in connection with PTEPlus, including any breach by the User of these Terms of Service.
      4. In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use PTEPlus, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, or business interruption of any type, whether in tort, contract or otherwise.
      5. Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
        1. The re-supply of services or payment of the cost of re-supply of services; or
        2. The replacement or repair of goods or payment of the cost of replacement or repair.
    11. Termination
      1. Either party may terminate this Agreement by giving the other party 1 month’s written notice.
      2. Termination of this agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this agreement up to the date of expiry or termination.
      3. Termination does not affect any of the rights accrued by a party prior to termination, and the rights and obligations under clauses 3.9, 3.12 and 3.13 survive termination of this Agreement.
    12. Dispute Resolution
      1. If any dispute arises between the parties in connection with this Agreement (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
        1. Includes or is accompanied by full and detailed particulars of the Dispute; and
        2. Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
      2. Within 10 Business Days after a Dispute Notice is given, a representative of each party with the authority to resolve the dispute, must meet (virtually or otherwise) and seek to resolve the Dispute.
      3. Subject to clause (d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
      4. Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
      5. Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.
    13. Electronic Communication, Amendment & Assignment
      1. The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
      2. The User can direct notices, enquiries, complaints and so forth to the Company as set out in this Agreement. The Company will notify the User of a change of details from time-to-time.
      3. The Company will send the User notices and other correspondence to the details that the User submits to the Company, or that the User notifies the Company of from time-to-time. It is the User’s responsibility to update its contact details as they change.
      4. A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.
      5. Notices must be sent to the parties’ most recent known contact details.
      6. The User may not assign or otherwise create an interest in this Agreement.
      7. The Company may assign or otherwise create an interest in its rights under this Agreement by giving written notice to the User.
    14. General
      1. Special Conditions. The parties may agree to any Special Conditions to this Agreement in writing.
      2. Prevalence. To the extent this Agreement is in conflict with, or inconsistent with any other Agreement (including an Educator Agreement), or Special Conditions made under this Agreement, the terms of that Agreement or Special Conditions (as the case may be) shall prevail.
      3. Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
      4. Relationship. The relationship of the parties to this Agreement does not form a joint venture or partnership
      5. Waiver. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
      6. Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.
      7. Governing Law. This Agreement is governed by the laws of Victoria, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
      8. Severability. Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.

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