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Terms and Conditions

Welcome to exceltestzone.com.au (the 'Website'). This Website is owned and operated by Pascal Press, an Australian company, which is located at 655 Parramatta Road, Leichhardt, New South Wales, Australia 2040. If you have any questions relating to this Website, you can email us at info@exceltestzone.com.au or you can send us a letter at the above address.

So that you may fully enjoy our Website, we would like you to be aware of the following rules that govern your use of the Website.

PLEASE READ THIS USER AGREEMENT CAREFULLY, AND IF YOU ARE UNDER THE AGE OF EIGHTEEN, MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES WITH THIS AGREEMENT ON YOUR BEHALF. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT BY CLICKING THE 'I ACCEPT' BUTTON. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE.

This User Agreement (the 'User Agreement') is a contract between you and Pascal Press and applies to all users of this Website. In this User Agreement 'you' or 'your' means any person or entity using this Website, provided that if such person is under eighteen years of age or the age of majority in your jurisdiction, whichever is older (the 'Age of Majority'), it also includes such person’s parent or legal guardian. Unless otherwise stated, '', 'we' or 'our' refers to as part of Pascal Press, an Australian company.


Amendments

We may amend or supplement this User Agreement at any time. Please check this User Agreement each time you access and use this Website so that you will understand the terms applicable to your access and use of this Website. When we make changes to this User Agreement, we will notify you of the changes by posting the revised version on our Website and ask for your agreement to it at that time. If you do not agree to the amended User Agreement, you may not continue to access or use the Website. However, note that no changes to this User Agreement that we may make in the future will shorten the balance of your Registration Period (as hereafter defined) at the time of amendment.

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Privacy Policy

Our general Privacy Policy (as of the most recent effective date) (the 'Privacy Policy') is incorporated into this User Agreement by reference and provides additional terms and conditions related to our use, collection and disclosure of your personal information. Our Privacy Policy may be changed from time to time. When we make changes to this Privacy Policy, we will notify you of the changes by posting the revised version on our Website and ask for your agreement to it at that time. If you do not agree to the amended Privacy Policy, you may not continue to access or use the Website. Any other posted guidelines or rules applicable to any individual use of this Website will form part of this User Agreement.


Links to Other Websites

While Pascal Press and Blake Education may provide links to this Website and other websites owned and/or operated by the Pascal Press group of companies or unaffiliated third parties, these sites are not part of this Website, and each has a different user agreement. In addition, to the extent such linked websites are not owned or operated by affiliates of Blake Publishing, these sites also have different policies with respect to the collection, use and disclosure of your personal information. Please be sure to review the applicable agreements and policies carefully when visiting our other websites or any third party websites to whom we provide links.


Registration and your Account

Certain products, services, information and materials provided through this Website may be accessed and/or used by you without requiring registration or login to this Website (collectively, 'Public Materials'). Other products, services, information and materials provided by www.exceltestzone.com.au require registration in order to be accessed and/or used by you (collectively, 'Member Materials'). This User Agreement applies equally to the use and access of Public Materials and Member Materials. When you register at this Website, you will be asked to make up a login name and password (collectively, your 'Account') and you may be asked to enter an access code or create a paid-for online subscription in order to access the Member Materials.


Security of your Account

IT IS IMPORTANT THAT YOU REMEMBER YOUR LOGIN NAME AND PASSWORD AND YOU SHOULD KEEP YOUR LOGIN NAME AND PASSWORD IN A SAFE PLACE OFFLINE.

We will use your login name and password to identify you when you return to our Website. If you forget your login name or password, you will not be able to access some of the activities and lessons available on . We recommend you print a copy of your registration details since it records this information.

You are responsible for maintaining the confidentiality of your Account, and for all activities that occur through the use of your Account. You agree to: immediately notify /Pascal Press of any unauthorised use of your Account or any other breach of security. Pascal Press will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or required to change your password from time to time.

We have put physical, electronic and managerial procedures into place in order to help safeguard and prevent unauthorized access, use and/or disclosure of your personally identifiable information. Although we use reasonable efforts to safeguard the security of your personally identifiable information, transmissions made on or through the Internet and personally identifiable information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission. Pascal Press disclaim responsibility for all negligent acts that may result in disclosure of your personal information.


Registration Period

Your Account on this Website is valid for as long as you maintain a subscription. You may renew your subscriptions for additional periods of time either by subscribing online or by entering an access code from a book or other special offer access. If you let your Account lapse without renewing it prior to the end of your current subscription Period as discussed above, you may reactivate your Account within the next three months without losing all your details. Further details regarding renewal periods, fees and methods of payment will be provided as those features become available on this Website.

User Accounts, usernames and passwords are not transferable, even between your own Accounts, and digital items including games have no retail value and are not redeemable for cash.


Suspension or Termination of Account

reserves the right to suspend any Account that has been inactive for six months or more. In addition, Test Zone and Pascal Press may terminate or suspend your Account and/or access to all or part of this Website and/or any products or services available through this Website in the event (i) it determines after reasonable investigation that you have breached this User Agreement or that your conduct violates applicable law or is otherwise harmful to the interests of or other third parties, or (ii) Pascal Press decides to cease its operations and/or its provision of any applicable products or services in connection with this Website.


Ownership of Intellectual Property and Restrictions on Use of Excel Test Zone Materials

All products, services, content, information displayed, performed or otherwise accessible through this Website, including, without limitation, Games, Public Materials, Member Materials, animations, access codes together with all digital images contained on the website, Software (as defined below), designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, any copyrightable and/or patentable elements and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents (collectively the ' Materials') are the property of Pascal Press, its partners, affiliates, third-party licensors and suppliers and/or any of their successors and assigns and are protected, without limitation, by Australian and other foreign copyright, trademark and patent laws. Without limiting the generality of any other provisions of this User Agreement, the use of any Materials on any other website or networked computer environment is prohibited.

This User Agreement grants to you a limited license to access and use this Website, the Public Materials, and if applicable the Member Materials, for your personal, non-commercial use. You may print and retain a copy of pages of this Website only for your own personal, non-commercial use. Except as expressly provided above, you agree that no portion of this Website may be accessed, used, reproduced, duplicated, copied or otherwise exploited by you for any other purpose, and nothing contained herein shall be construed as conferring any other right. You may not use the Materials in a manner that suggests an association with any of our products. You may not make any modifications to any Materials other than as expressly permitted by us.

Without limiting the generality of the foregoing, you agree that you shall not: (i) download or copy any Website pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of this Website for your own personal, non-commercial use; (ii) download or copy Website information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of this Website or the Materials; (iv) publish any collection or compilation of any product listings, descriptions or prices; (v) create any derivative work of this Website or its contents; (vi) use any data mining tools, robots or similar data-gathering and extraction devices with respect to this Website and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of , Pascal Press or its licensors; or (viii) use any meta tags or any other 'hidden text' utilizing the trademarks, logos, trade names or content of , Pascal Press or its licensors.

If you download, access or use software from this Website, the software, including any files, codes, images, and audio clips incorporated in or generated by the software and data accompanying the software (the 'Software') are licensed to you for your personal, non-commercial use as a personal, non-exclusive, non-assignable, non-transferable license. Pascal Press keeps full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, lend, disassemble or otherwise render the Software. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.

and Pascal Press has the right to vary, modify, change or discontinue: (i) any feature or function offered on this Website; (ii) any part or all of this Website, including hours of availability; and (iii) to restrict access to parts or all of this Website from time to time with or without notice to you. may make available and upgrade this Website on the same terms and conditions as this User Agreement and any such upgrades will form part of this Website. In order to obtain and access parts of this Website, including upgrades, you may be required, at your own cost, to install specific software on your computer. To make the experience on this Website more enjoyable, you will need, at a minimum, a high speed Broadband Internet service, Windows: IE6, Firefox 2.0, Mac: Safari 2.0, Firefox 2.0, Screen Resolution : 1024×768, Flash Player: 9.0. These requirements may change and such changes will be posted on this Website.


User Content

Certain areas of this Website will permit you to send to Pascal Press text, information and other submissions. Pascal Press values your feedback on this Website, and to help us better understand your remarks, we request that you be as specific as possible in your comments on this Website. Upon submission, all creative suggestions, ideas, notes, artwork, drawings, stories, room designs, concepts, content, materials or information of any nature, save and except any personally identifiable information as defined in our Privacy Policy (collectively, the 'User Content'), submitted by you to or otherwise posted on this Website shall be deemed to be, and shall remain, the property of and Pascal Press. You shall be deemed to have irrevocably assigned in perpetuity to Pascal Press free of charge all of your worldwide right, title and interest in and to such User Content, and waived any 'moral' or author’s rights or rights to attribution therein completely and irrevocably. Without limiting the foregoing, and Pascal Press shall exclusively own all now known or hereafter existing rights to the User Content of every kind and nature throughout the world, and shall be entitled to unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Content. To the extent any User Content is deemed non-assignable by applicable law, you hereby grant (or warrant that the owner of such rights has expressly granted) to Pascal Press, a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to use, reproduce, modify, sublicense, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize such User Content anywhere, for any purpose and in any form, through any media or technology now known or later developed, without any compensation to you.

You are responsible for all User Content posted by you. AND PASCAL PRESS HAVE NO RESPONSIBILITY FOR SUCH USER CONTENT. You hereby represent and warrant that you have all necessary rights in and to all User Content that you provide. Pascal Press retains the right, but not the obligation, to review, edit or delete any User Content which we deem to be illegal, offensive, or otherwise inappropriate. All information submitted by you which constitutes personal information shall be subject to our Privacy Policy.


User Code of Conduct

The Website is provided by Pascal Press and is intended to be used in a safe and enjoyable fashion. You are responsible for the content of any material you enter on this Website. Users of this Website must not:

  1. Use this Website in such a way as to offend or interfere with the use by anyone else of this Website;
  2. Sell, trade or barter any items earned through this Website;
  3. Upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using this Website that: (i) are defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) which are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) advertise or otherwise solicit funds or are a solicitation for goods or services; or (viii) are treated as confidential under any contract or policy;
  4. Attempt to circumvent the security systems of this Website;
  5. Attempt to gain access to this Website in a fraudulent manner, including but not limited to using fraudulent pet codes;
  6. Attempt to use this Website in a fraudulent manner, including but not limited to, access to this Website or information or images that have not yet been officially announced or incorporated into this Website’s functionality.
  7. Attempt to gain access to any other user’s Accounts;
  8. Attempt to ascertain any other user’s password, pet codes and/or personal information by any means whatsoever, including without limitation, by use of this Website or any other website, or by e-mail communication;
  9. Attempt to harvest or otherwise collect information about other users without their consent;
  10. Attempt to use this Website for any purposes other than those intended by Pascal Press; or
  11. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

Spam

The publication of electronic mail addresses on this Website is to facilitate communications relating to the functions of this Website and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.


Disclaimers

THIS IS NOT AN OFFICIALLY ENDORSED PUBLICATION OF THE NAPLAN PROGRAM AND IS PRODUCED BY PASCAL PRESS INDEPENDENTLY OF AUSTRALIAN GOVERNMENTS.

THE USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WEBSITE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, AND THE PASCAL PRESS GROUP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS WEBSITE, ITS CONTENTS, THE PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE, OR ASSOCIATED WITH THE USE OF THIS WEBSITE, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED.

AND THE PASCAL PRESS GROUP DOES NOT WARRANT THAT THIS WEBSITE AND ANY WEBSITE TO WHICH THIS WEBSITE IS LINKED WILL BE AVAILABLE AT ANY PARTICULAR TIME, WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEBSITE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE WITH OUR CUSTOMER SERVICE DEPARTMENT OR SALES REPRESENTATIVE THROUGH ANY SOURCE THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT AND THIS DISCLAIMER AND THIS USER AGREEMENT SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.

IN ADDITION, AND THE PASCAL PRESS GROUP DOES NOT WARRANT THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AND ITS CONTENTS AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FINALLY, AND THE PASCAL PRESS GROUP AND THE AUSTRAILIAN BROADCASTING CORPORATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THIS WEBSITE RESTS WITH YOU. IF YOUR USE OF THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, UPDATING OR REPLACING YOUR EQUIPMENT OR SOFTWARE, YOU ARE RESPONSIBLE FOR THOSE COSTS.


Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE GROUP BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, ESTORE ITEMS OR ANY OF THE MATERIALS OR CONTENTS WITH WHICH IT IS LINKED, EVEN IF THE PASCAL PRESS GROUP HAS BEEN ADVISED OF THE  POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, /PASCAL PRESS IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS WEBSITE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF EXCEL TEST ZONE AND THE PASCAL PRESS GROUP FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THIS WEBSITE, ESTORE ITEMS OR ANY OF THE EXCEL TEST ZONE MATERIALS OR FUNCTIONS AT THIS WEBSITE, EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE ON THIS WEBSITE OR (II) USD$100.

NOTHWITHSTANDING THE GENERALITY OF THE ABOVE, DOES NOT SEEK TO LIMIT ITS LIABILITY IN RESPECT OF FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY ’S NEGLIGENCE OR THAT OF ITS EMPLOYEES OR AGENTS ACTING IN THEIR CAPACITY AS EMPLOYEES OR REPRESENTATIVES OF .


Indemnity

YOU HEREBY AGREE TO INDEMNIFY AND HOLD EACH MEMBER OF THE TEAM AND THE PASCAL PRESS GROUP HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL FEES, WHICH ANY MEMBER OF THE GROUP MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THIS USER AGREEMENT; (II) YOUR USE OF THIS WEBSITE, YOUR ACCOUNT AND/OR YOUR SUBMISSION OF USER CONTENT; (III) YOUR PURCHASE OF ANY ESTORE ITEM; AND/OR (IV) ANY VIOLATION BY YOU OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY. YOU MUST USE YOUR BEST EFFORTS TO COOPERATE WITH IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.


Customer Service and Complaints

Please contact us on 02 8585 4020 if you have any complaints about the product and we will endeavour to assist you.


Final Note to Parents

The Internet offers a world of wonderful new learning opportunities for children. Your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience. Your efforts to ensure responsible online practices will help your children use only appropriate sites and will go a long way toward ensuring that your children have enriching experiences online.

This website is published by Pascal Press, 655 Parramatta Rd, Leichhardt, NSW 2040.

This website is intended for Australian users only.

By using this website, you agree that the Terms of Use and the Privacy Policy shall be governed in accordance with the laws of New South Wales, Australia and the laws of Australia as applicable, and you submit to the jurisdiction of the New South Wales courts.


Refund Policy

Should you choose not to proceed with your subscription to Excel Test Zone, Pascal Press offers you a full refund, money back guarantee provided you cancel your subscription within 7 days of activation.

To cancel your subscription, go to Manage My Subscription and click on the Cancel button.


Privacy Policy

Add a new heading under Privacy Policy; below How do we use your information

Security capability and policy for transmission of credit card details
We do not store any identifiable credit card data. Credit card data for subscription payment is stored by eWay (eWay is a company owned by Web Active Corporation Pty Ltd). All payment processing and payment data is carried out by Secure Socket Layer (SSL) with 128bit encryption or greater.


Effective 13 February 2009


 
* This is not an officially endorsed publication of the NAPLAN program and is produced by Pascal Press independently of Australian governments.