Terms and Conditions of Use
Welcome to the website and online products and services of EdScreening Pty Ltd (ACN 645 791 859) (EdScreening).
In these terms, “us”, “we” and “our” means EdScreening.
This page sets out the terms by which EdScreening grants you a licence to use our website and our online products and services, including but not limited to EdScreening’s online educational screeners. By accessing our website and/or online products or services you are agreeing to be bound by these terms and conditions, including any product specific terms and conditions posted on our website from time to time (the Terms) and our Privacy Policy.
EdScreening regularly reviews its website (https://edscreening.com), related apps and other products and services (together, the Website) and may from time to time make changes to any of the Terms by updating this page. Any changes to the Terms take immediate effect from the date of their publication.
The Services
EdScreening’s services include but are not limited to research informed online educational products and services (collectively the Services).
These Terms apply to all users, regardless of whether a licence to access the Services has been purchased by an organisation, school or institution on behalf of users, or directly by an individual, who access and/or use the Services.
Licence and fees
To have access to our Services:
(i) you must continue to comply with the Terms;
(ii) you must register with EdScreening and activate your account; and
(iii) your organisation must pay the Licence Fee applicable to the Service.
Licence types
EdScreening for schools/institutions. To obtain a 12 month licence to access EdScreening an organisation must pay the annual Licence Fee. The annual Licence Fee is inclusive of cloud hosting, ongoing support, training and updates for the applicable 12 month period and allows users within the licensed organisation (where authorised by a primary user) to undertake an unlimited number of EdScreeners within the licence term. Your organisation’s licence will commence on the date that it activates its EdScreening account.
Your licence to use EdScreening Classroom will automatically roll-over at the end of the 12 month term, unless an authorised representative of the organisation notifies us in writing prior to the expiry of the then current 12 month term that it does not wish to continue its licence to access EdScreening.
Upon the expiry or termination of your organisation’s licence, you/ the organisation will no longer be able to access the results of past screeners undertaken by members of your organisation.
EdScreening will invoice your organisation for the Licence Fee. The Licence Fee for the initial term and any subsequent term must be paid in accordance with these Terms and any specific payment terms included on our invoice. Failure to pay the Licence Fee will entitle EdScreening to terminate your licence to access the Services with immediate effect.
EdScreening Account
To access the Services, you must register with EdScreening and activate your account.
Upon opening an account with EdScreening, each organisation must nominate a person who is authorised to access the Services and administer the organisation’s account on its behalf, including to set-up accounts for other members of staff (eg. educators and support staff) to access and use the Services during the term of its licence (Primary User).
An organisation or user (including a Primary User) must not grant or facilitate access to or authorise any person outside their organisation to access the EdScreening Services or products.
Please note that you cannot use the Services if you are not of legal age to form a binding contract with EdScreening or if you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you purport to use the Services.
As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself or a child, including name, age, school year group, business address, email address, school phone number, student number or identifier, behavioural observations, username and password. Our Privacy Policy explains how we protect and use this information.
You warrant that any information that you give EdScreening in the course of completing the registration process will always be accurate, correct and up to date.
Using our Services
You agree to use the Website and the Services only for the purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You will not use the Services and/or the Website in connection with any commercial endeavours except with the prior written approval of the CEO of EdScreening.
Payment
Certain parts of the Services may be provided for a fee or other charge. You agree to the pricing and payment indicated for the relevant Services which we may update from time to time. EdScreening may add new services for additional fees and charges, or amend fees and charges for existing Services, at any time in its sole discretion.
Where a licence fee or other charge is payable in respect of the Services, you must pay such fee or change within 21 days of receipt of an invoice from EdScreening.
Disclaimer
Our Services do not diagnose and should not be viewed as or relied upon as a diagnosis of any condition. Nor should our Services be used to rule-out the diagnosis of any condition.
EdScreening’s Services presently screen for indicators of intellectual giftedness, autism, ADHD (hyperactive), ADHD (inattentive), Specific Learning Disorders in reading, written expression and mathematics, and twice exceptionality (a combination of factors and giftedness), which are disabilities and/or neurodevelopmental conditions which impact learning in children. Many factors may impact a child’s learning, only those listed above are presently included within the scope of the Services. The Services do not screen for or identify all factors which may impact learning. For example, anxiety disorders, depressive disorders and intellectual disability (among others) are NOT within the scope of our Services and cannot be ruled out or in by using our Services.
The purpose of our Services (including but not limited to the questionnaires) is to identify potential impacts on learning based on the user’s responses to a questionnaire and to provide functional strategies and guidance to assist educators and parents/carers to support their student’s/child’s learning. If you have concerns about the information supplied by EdScreening in response to your questionnaire responses or think the student/child may require additional support or a formal diagnosis, we recommend that the advice of a medical professional is sought.
Our educational screening process relies on the self-reported perceptions and information supplied by the user. Perceptions and observations of a student’s learning will differ between individuals and are subjective.
Although the results of the EdScreening tool are tailored for a student based on a user’s answers to our questionnaire, it is not a diagnosis, is not intended as a diagnosis, and should not be relied on as a diagnosis of any condition. In addition, it is important to note there can be significant cross-over of characteristics and symptoms between different potential diagnoses. For this reason it is important to consult a specialist healthcare professional to make a diagnosis of any condition and/or to rule-out any condition.
All other information is general information and may not be applicable for a child’s specific circumstances. Do not rely on this information as a replacement for advice from a qualified healthcare professional.
Copyright and Intellectual Property
The material on the Website and the Services are protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by EdScreening or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by EdScreening, who grants to you a worldwide, non-exclusive, royalty-free, revocable licence to: (i) use the Website and the Services pursuant to the Terms; and (ii) copy and store the Website and the material contained in the website in your device’s cache memory for the purpose of using the Website/Services pursuant to the Terms. EdScreening does not grant you any other rights in relation to the Website or the Services. All other rights are expressly reserved by EdScreening.
EdScreening retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website or the Services will transfer any: (i) business name, trading name, domain name, trade mark, industrial design, patent, software, registered design or copyright, or (ii) a right to use or exploit a business name, trading name, domain name, trade mark, software or industrial design, or (iii) a thing, system or process (including any software) that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
You may not, without the prior written permission of EdScreening and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, copy, show or play in public, adapt or change in any way the Services (including but not limited to any teaching strategies or report produced by EdScreening) for any purpose, unless otherwise provided by these Terms.
Privacy
EdScreening takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to EdScreening’s Privacy Policy, which is available on the Website.
You must not perform any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals.
General Disclaimer
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law: (i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and (ii) EdScreening will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available’ without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of EdScreening make any express or implied representation or warranty about the Services or any products or services (including the products or Services of EdScreening) referred to on the Website, including (but not restricted to) loss or damage you might suffer as a result of: (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; (b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website); (c) costs incurred as a result of you using the Website, the Services or any of the products of EdScreening; or (d) he Services or operation in respect to links which are provided for your convenience.
The Services are controlled and operated from facilities in Australia. EdScreening makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable local laws and regulations.
Limitation of Liability
EdScreening’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that EdScreening, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law.
Termination
EdScreening may, at any time, terminate the Terms (including your licence to use and access any Services) with you if: (a) you have breached any provision of the Terms (including but not limited to failure to pay the Licence Fee); or (b) EdScreening is required by law to do so. Subject to local applicable laws, EdScreening reserves the right to discontinue or cancel your order at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts EdScreening’s systems, processes, name or reputation or violates the rights of another party.
Indemnity
You agree to indemnify EdScreening, its employees, agents, contributors, third party content providers and licensors from and against any and all claims, damages, liabilities, losses, settlements, costs and expenses (including, without limitation legal fees and court costs) which arise out of or relate to your use of the Website and/or Services, including but not limited to: (a) any misuse of the Website or Services by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you; (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or (c) any breach of the Terms, including any breach of intellectual property rights.
Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (the Dispute) has arisen under the Terms, must give written notice (the Notice) to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that Notice by the other party, the parties to the Terms (the Parties) must within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree. If for any reason 21 days after the date of the Notice, the dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediations Association or the Conflict Resolution Service or his or her nominee. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation. The mediation will be held in Sydney, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
If 30 days has elapsed after the start of the mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.
Governing Law
In the event of any dispute arising out of or in relation to the Services or the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created under these Terms shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties and their successors and assigns.
Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Updated May 2024
