1.1
ACARA means the Australian Curriculum, Assessment and Reporting Authority.
1.2
Applicable Laws means any applicable laws (including orders, by-laws and regulations) which in any way govern or affect the Subscriber and Authorised User’s use of the website.
1.3
Authorised Users means employed teachers or other staff and enrolled students of the Subscriber during the Subscription Period.
1.4
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
1.5
Commencement Date means the date in which the Subscriber purchased the Product.
1.6
Conditions means these Terms and Conditions of Use.
1.7
Copyright Act means the Copyright Act 1968 (Cth).
1.8
Copyright Statement means the copyright statement accessible on the Website.
1.9
Default Event means any:
- (a) material breach of these Conditions;
- (b) misuse of the Product or Product Material;
- (c) breach of the Copyright Statement; and
- (d) breach of any warranty as described in clause 16 of these Conditions.
1.10
Expiry Date means twelve (12) months from the date on which Subscriber purchases the Product or if extended pursuant to clause 5.3, the last date of such extended Subscription Period.
1.11
FAQs means the Frequently Asked Questions contained on the Website.
1.12
GST means the Goods and Services Tax as created by the GST Act.
1.13
GST Act means A New Tax System (Goods and Service Tax) Act 1999 (Cth).
1.14
Order Form means the order form contained on the Website which the Subscriber must complete prior to making payment of the Subscription Fee.
1.15
Intellectual Property means all Intellectual Property Rights in the Website, Product and Product Material.
1.16
Intellectual Property Rights means all intellectual industrial property rights and interests throughout the world, whether registered or unregistered, including trade marks, designs, patents, inventions, circuit layouts, copyright and analogous rights confidential information, know-how and all other intellectual property rights as defined in Article 2 of the convention establishing the World Intellectual Property Organisation of 14 July 1967 as amended from time to time.
1.17
NESA means NSW Education Standards Authority.
1.18
Privacy Policy means the privacy policy accessible on the Website.
1.19
Product means the numeracy assessments, numeracy curriculum and/or literacy assessments provided by the Product Provider which is accessible by Subscribers through the Website.
1.20
Product Material means all workbooks, modules, activities, learning guides, assessments, results analysis, games and related materials which make up the Product.
1.21
Product Selection Box means the digital boxes which appear under the ''purchase'' section of the Website which the Subscriber selects to purchase the relevant Product.
1.22
Product Provider means Essential Assessment Pty Ltd (ACN 662 767 866) trading as Essential Assessment, herein referred to as "us", "we" and "party".
1.23
Subscriber means a learning institution which has purchased a Subscription for the Subscription Period on the terms and conditions contained in these Conditions.
1.24
Subscriber's Account means the account created by the Product Provider to allow the Subscriber to access the Product and the Product Material, including the Subscriber's log in information and password.
1.25
Subscription means the non-exclusive licence granted by the Product Provider to the Subscriber for use of the Product and the Product Material.
1.26
Subscription Period means the period between Commencement Date and the Expiry Date.
1.27
Subscription Fee means the fee paid by the Subscriber to utilise the Product.
1.28
System Downtime means any scheduled maintenance, service requirements or system error which results in the Website, Product or Product Material being unavailable for use, whether or not such downtime is in the control of the Product Provider.
1.29
User means any individual or entity who uses or accesses the Website, including without limitation a Subscriber, herein referred to as "you", "your" and "party".
1.30
VCAA means the Victorian Curriculum and Assessment Authority.
1.31
Website means the online platform provided by the Product Provider accessible at https://www.essentialassessment.com.au (including any related subdomains, mobile applications, other media, and content managed by the Product Provider).