Last modified 27 May 2021

Website Terms and Conditions Of Use

Welcome to EdScreening, the website and online service of EdScreening Pty Ltd (ACN 645 791 859) (EdScreening ). This page sets out the terms by which you may use our website and the services provided through it. By accessing and remaining on this website you are agreeing to be bound by these terms and conditions (the Terms ) and our Privacy Policy found at https://edscreening.com/privacy . Please note that EdScreening may from time to time review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication.

  • The Services

    Through this website (the Website ) you can access EdScreening’s research based educational products and services (collectively the Services ). As a snapshot these currently include:

    • screening tools, including a screening, facilitating the identification of specific learning differences in children;
    • reports providing clients with analysis of results from the application of screening tools; and
    • research based analysis of relevant learning differences, educational support and specific tools that may be helpful to children with learning differences.
  • Disclaimer

    EdScreening is an online platform that provides information around ways of learning, which includes learning differences, difficulties, disabilities, and giftedness or high abilities for children.

    Although information can be tailored for a child if you complete our screening, it is not a diagnosis, is not intended as a diagnosis, and should not be relied on as a diagnosis. Information we provide is based on your answers to our screener questionnaire is not a substitute for a diagnosis provided by a medical professional. If you think your child may require a diagnosis, please see a medical professional.

    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 medical professional.

  • EdScreening Account

    In order to access the Services, you must first register for an account through the Website (the Account ). Once you have completed the registration process, you will be a registered member of the Website (Member ).

    Please note that you cannot become a Member and may not 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 (such as identification or contact details), including name, age, address, email address, phone number, username and password.

    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.

  • Member Agreement

    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 or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of EdScreening.

    EdScreening takes security of your personal information seriously. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

  • 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 request for the payment of the is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the requested payment.

  • No Refunds

    No refunds will be provided. In the event that EdScreening terminates these Terms, you acknowledge and agree that you shall receive no refund.

  • Copyright and Intellectual Property

    The Website, the Services and all of the related products of EdScreening are subject to copyright. The material on the Website is 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 license whilst you are a Member to: (i) use the Website pursuant to the Terms, (ii) copy and store the Website and the material contained in the website in your device’s cache memory, and (iii) print pages from the Website for your own personal and non-commercial use. 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 will transfer any: (i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or (ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or (iii) a thing, system or process 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, show or play in public, adapt or change in any way the Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

  • 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.

  • 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 with you if: (a) you have breached any provision of the Terms or intend to breach any provision; 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 name or reputation or violates the rights of those of another party.

  • Indemnity

    You agree to indemnify EdScreening, its affiliates, 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 lawyers’ 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.

  • 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 (theDispute ) has arisen under the Terms, must give written notice (theNotice ) 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 (theParties ) 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 pre-condition 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

    The Services offered by EdScreening are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to 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 pf the Terms shall remain in force.