RISE+ TERMS AND CONDITIONS

Last Updated: 14 February 2024

1. BACKGROUND

a. RISE+ is owned by Janison Solutions Pty Ltd ABN 35 081 897 494 C/ Automic Group, of Level 5, 126 Phillip Street, Sydney NSW 2000, Australia (Janison, we, us, our).

b. These terms and conditions (Terms) are between you (a parent or legal guardian of a child/student) (you or your), and Janison. Terms agreed by you are agreed on behalf of yourself and also your child/student as their parent or legal guardian.

c. “RISE+ Product” means:

i. A RiSE+ Free Trial

ii. RISE+ Subscription;
iii. An Add-on product or test pack; and/or
iv. Single Purchase products.

d. When you purchase or register for a free RISE+ Product you enter into a contract with us in accordance with these Terms.

e. When you use a RISE+ Product and the RISE+ platform your use is governed by these Terms.

f. Subject to g. the Terms that apply to you are the terms that you accept when you purchase or register for a free RISE+ Product. These Terms, and your contract with us, end when you (or we) cancel our services in accordance with our Cancellation terms (Clause 12).

g. Janison may update or vary these Terms at any time. You acknowledge that it is your responsibility to regularly check the Terms for updates, because it is the terms and conditions at the time of purchase of the RISE+ Product that are binding on you.

h. To contact RiSE+ Customer Support, please use the chat feature on our website or email: [email protected].

i. By agreeing to the Terms you also agree to the Janison Privacy Policy and Terms of Use.

2. WHAT IS RISE+?

a. RISE+ is an online service designed to allow parents and students to gain a better understanding of the student’s academic strengths. RiSE+ features a suite of online practice tests for families and school aged students to use at home, enabling them to improve their academic skills outside the classroom.

3. OUR PRODUCT AND SERVICES

You may choose to register for or purchase any of the following RISE+ Products:

a. A RiSE+ Free Trial

b. RISE+ Subscription;
c. An Add-on product or test pack; and/or
d. Single Purchase products.

a. RISE+ FREE TRIAL

A RISE + Free Trial includes:
i. Access to 1 x General Abilities, 1 x Maths and 1 x English practice test including a suite of online practice questions based on the year level selected when you created an account;
ii. Access to practice tests via Janison Insights, which is the test platform used to deliver NAPLAN and ICAS tests;
iii. Test analytics for 1 x General Abilities practice test;
iv. All features, functionalities, and user interfaces associated with your access to practice tests, the test platform and test analytics;
You are subject to a limit one (1) use per practice test and only one free trial is allowed per student.

b. RISE+ Subscription

A RISE + Subscription includes:
i. Access to a suite of online practice test questions based on the subscription you have chosen, and the year level selected when you created an account;
ii. Access to practice tests via Janison Insights, which is the test platform used to deliver NAPLAN and ICAS tests;
iii. Test analytics; and
iv. all features, functionalities, and user interfaces associated with your access to practice tests, the test platform and test analytics.
Under a RISE+ Subscription, you may select different subscription levels. Your access to different practice tests, any restrictions, and the cost of the subscription will depend on the subscription level you have selected.

c. RISE+ Subscription Add-on

A RISE+ Subscription Add-on Includes:

i. Access to test questions that are in addition to the test questions in a standard RISE+ Subscription; and
ii. All functions of your paid RISE+ Subscription to support the additional test questions.
RISE+ Subscription Add-ons can only be purchased if you hold a current paid RISE+ Subscription and is an addition to your paid RISE+ Subscription.

d. RISE+ Single Purchase Products

A RISE+ Single Purchase product is a bundle of targeted questions relating to a specific test.
A RISE+ Single Purchase product is a one-off purchase for a specific bundle of test questions which will be available to you on our RISE+ platform for the period of time which is advertised to you when you make the purchase. Included in your RISE+ Single Purchase Product are:
i. Test analytics; and
ii. all features, functionalities, and user interfaces associated with your access to practice tests, the test platform and test analytics.

4. HOW WE CHARGE

RISE+ Subscription and Add-Ons

a. RISE+ Subscriptions are available for either a three (3)-month or twelve (12)-month subscription period.

b. If you purchase a RISE+ Subscription and any Add-ons, you will be charged the amount advertised on our website for your subscription for the duration of time you have selected for your RISE+ Subscription. For example, if you choose a 3-month plan at $X per month, you will be charged 3 x $X.
c. Any charges will be automatically deducted from the payment method you selected when purchasing. Automatic payments will cease when you cancel your paid RISE+ subscription and have finalised the full payment for the subscription plan e.g., 12 months plan or 3 months plan.
d. After your initial Subscription period ends, it will automatically renew for the period of your initial RISE+ Subscription unless you cancel the subscription prior to the renewal date. For example, if you initially subscribe to RISE+ for 3 months, at the end of the 3 months, you will automatically be subscribed to another 3-month term. Prior to this automatic renewal, Janison will provide you with prior notice to your account email address that your initial subscription is ending and provide you with the opportunity to unsubscribe or change your subscription.
e. The price for our RISE+ subscriptions and any Subscription Add-ons are shown on our RISE+ website: RiSE+ Pricing. This price includes any Goods and Services Tax.
f. Janison may change the price of any RiSE+ Product at any time, however price changes will not affect any active subscriptions. For example if you have a free subscription and want to upgrade to a paid subscription, the price payable will be the price listed at checkout, and will not increase for the duration of your paid subscription.

RISE+ Single Purchase Product

f. If you purchase a RISE+ Single Purchase Product, you will be charged the one-off amount shown on our website for that product or as advertised to you by us.

5. PAYMENT

a. Your access to our RISE+ Products and content will only start once you have made a payment, unless you have chosen a free RISE+ subscription in which case your access will start once you have successfully created an account.
b. You can pay for any of our RISE+ Products using either a Visa or Mastercard credit card.

c. We use the services of Stripe, the third-party payment module, to process payments. You will be required to disclose personal payment information (e.g. credit card number, address, expiration date, etc.) to Stripe. Janison will not collect, process, keep or store your personal payment information. Janison recommends that you read the Stripe Privacy Policy at https://stripe.com/en-au/privacy. Janison shall not be liable for any actions or omissions committed by Stripe.
d. Once you have made a payment, we will send an electronic invoice to your email address confirming the payment.
e. If you have purchased a RISE+ Subscription, any future payments for your subscription will be automatically charged to the card you used when you registered for a RISE+ subscription.
f. If a payment is late or denied by your credit card provider for your RISE+ Subscription, we may suspend your access to RISE+ until a successful credit card payment is received.

6. CHANGING YOUR RISE+ SUBSCRIPTION LEVEL (NOT APPLICABLE FOR SINGLE PURCHASE PRODUCTS)

a. You may upgrade or downgrade your RISE+ Subscription at any time.
b. Any changes to your RISE+ Subscription, including changes to the amounts you need to pay under the new subscription level, will begin the following month.
c. If you choose to downgrade your subscription, you will continue to have access to the higher subscription level until the end of the period for which that higher subscription level has been paid for and be liable for payments for the subscription period of three (3) months or twelve (12) months (as applicable).

7. RESTRICTIONS ON WHAT YOU CAN DO ON RISE+

a. You MUST NOT:
i. Allow anyone other than those people who are registered under your RISE+ account access to your account;
ii. Provide any RISE+ test content (including questions, stimuli or answers) to any other person;
iii. Use RISE+ commercially e.g., for running a tutoring business;
iv. Sub-license your RISE+ subscription to another person; or
v. Use RISE+ in a manner that it was not designed to be used for.

8. YOUR WARRANTY TO US

a. When you set up a RISE+ user account and provide us with personal data and information, you warrant to us that you have the right and authority to provide that personal information to us.

9. HOW YOUR DATA WILL BE USED

a. We will only use your data for the following purposes:
i. To provide you (and your child) with our Services;
ii. To process your payment;
iii. To provide you with notifications under these Terms;
iv. To provide you with information about other Janison products that we think you may be interested in (you may opt-out at any time); and
v. For research and development purposes.
b. In some circumstances, it may be necessary for Janison to share your information with a third party e.g., a payment platform. If a third party is involved, we will ensure that they have the same obligation to protect your personal information as we do.
c. Janison may hold information about your child for the life-cycle of your child’s education (K-12) for your benefit and for our research purposes. You may opt out of this at any time or request that any information of your child be de-identified by contacting [email protected].
d. Janison will ensure that any personal information we have of you and your child is managed in accordance with the Janison Privacy Policy and with the rules of the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
e. If you would like to find out more about our commitment to privacy, you can view the Janison Privacy Policy: https://www.janison.com/privacy-policy.

10. INTELLECTUAL PROPERTY

a. “Intellectual Property Rights” means all the rights relating to copyright, trademarks, processes, interfaces, documentation, domains, codes, test content, confidential information, trade secrets, business names, patents and other intellectual property rights that is recognised by law anywhere in the world.
b. Janison owns all the Intellectual Property Rights in:
i. The testing platform (Janison Insights);
ii. The RISE+ Website;
iii. The RISE+ subscription platform and RISE+ Products;
iv. All practice test questions and test content (including answers);
v. All reports, test analytics and data generated as part of your RISE+ subscription;
vi. Any software related to us delivering RISE+ to you; and
vii. All our promotional materials.
c. You will not have any ownership in any of the Intellectual Property Rights mentioned above. These belong to Janison only.
d. You must not duplicate (electronically or physically), sell, lend out, distribute or upload to another platform any of the test content that you have access to through RISE+.
e. You may share any test results or reports on your child’s progress through the ‘share’ function that is on the RISE+ website. Sharing via this function will not mean that you have breached our Intellectual Property Rights.
f. If you breach any of our Intellectual Property Rights, you may be liable to us making a claim against you which may result in you having to pay us monetary damages.
g. If we reasonably suspect that you are in breach of our Intellectual Property Rights, we may suspend your access to RISE+.

11. REFUNDS

a. A refund will only be provided to you where you are entitled to a refund under the Australian Consumer Law, which can be found in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law).
b. This means that you will generally not be entitled to a refund if:
i. You change your mind;
ii. You make a mistake in your purchase;
iii. You forget to cancel your RISE+ Subscription prior to your subscription term (3 or 12 months) ending, and the subscription renews for an additional subscription term; and
iv. You purchase a RISE+ Product and you do not use it within the time that you have access to it under your purchase.

12. CANCELLING YOUR RISE+ SUBSCRIPTION

Cancelling Your RISE+ Subscription

a. You can cancel your subscription at any time by logging in to your RISE+ account (profile/my account) selecting ‘payments’ and then ‘downgrade’. Note that the cancellation will apply from the end of your paid subscription period (of three (3) months or twelve (12) months as applicable). For avoidance of doubt, you are liable to pay for the full subscription period (three (3) months or twelve (12) months as applicable) that you agreed to pay for.
b. Your subscription will continue until the end of the period you have paid for. For example, if you start a 3-month subscription on the 1st of January 2023 and cancel the day after, you will still have access to the content of that subscription level for the period of 3 months and continue to pay for it.
c. If you decide to cancel your subscription, you will not receive a refund for any money you have already paid us or any money that was automatically deducted from your account from an ongoing subscription, the exceptions in Clause 12 apply.

When we can cancel your Subscription

d. If you breach any of these Terms, Janison will be allowed to give you written notice and cancel your subscription immediately. You will not receive a refund if Janison cancels your subscription because you have breached these Terms.

Accounts Expiring

e. RISE+ only offer services to certain year levels. If your child is no longer within one of these year levels, that child’s account will ‘expire’ unless you give us written notice to continue holding that child’s information on RISE+ (e.g., if they are repeating a year level at school).

Deleting Account

f. If you would like your account to be deleted, please email: [email protected].

13. WHAT HAPPENS WHEN AN ACCOUNT EXPIRES OR IS CANCELLED?

a. If your account expires or if you cancel a paid RISE+ subscription, you will automatically be placed back into a free registration.
b. Any tests, analytics or reports that are available under a paid subscription will be accessible for the duration of your paid subscription period. After cancellation or expiration of your paid subscription you will not have access to any test, analytics or reports unless you renew your paid subscription.

14. FORCE MAJEURE

a. Janison will not be liable if we are unable to deliver the Services to you as a result of a Force Majeure event.
b. “Force Majeure” events are events that are outside of our control (e.g., earthquake, natural disaster, war, pandemics etc.) that make it impossible for us to deliver the Services to you and fulfil our obligations under these Terms.

15. RISE+ PLATFORM MAINTENANCE

a. We will do all that we can to make the RISE+ platform available to you 24 hours a day. However, scheduled or emergency maintenance may sometimes take place.
b. You agree that Janison may make any reasonable scheduled or emergency maintenance as is required, and that you understand that your access to RISE+ may be restricted for a short period of time during maintenance.
c. You will not be entitled to a refund for any scheduled or emergency maintenance except where the Australian Consumer Laws apply.

16. LIMITATION OF LIABILITY

a. You agree that Janison will have no legal liability for loss caused by RISE+ Products unless Janison has acted in negligence, with misconduct, or has breached these Terms.
b. If Janison is in breach, you agree that Janison’s liability to you, whether in contract, tort, negligence or as provided for under legislation, will be limited to the amount of money you have paid us in the last 12 months.
c. Nothing in this clause is intended to exclude the Australian Consumer Laws or other laws that we are legally not allowed to contract out of.

17. GENERAL

a. These Terms form the entire contract between you and Janison for your use of the RISE+ Products and the RISE+ platform.
b. These Terms are between you and us. No other person has any rights to enforce any of its Terms.
c. Clauses 9, 10 and 11 continue to apply even if you terminate your subscription with us, and this contract ends.
d. These terms and conditions are governed by the laws of New South Wales, Australia. You and we both agree that the courts in New South Wales, Australia will have exclusive jurisdiction.

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