Australian Institute of Language User Agreement and Privacy Policy

These terms constitute an agreement between You and Australian Institute of Language (AIL). Access to or use of the website and/or service for which You seek registration constitutes acceptance of this Agreement. If You do not agree to abide by the terms and conditions of this Agreement, please do not register for or otherwise access or use this Website.

Australian Institute of Language may change any of the terms in this Agreement at any time. Changes will become effective upon posting. If You do not wish to accept the changes to the terms of this Agreement, You may cancel your access to the relevant website as described below in Section 9.3

1. The Website

Australian Institute of Language offers websites and other digital assets and services available through the Internet that require end user registration. The information here refers to these digital assets, including software, products, applications or other services offered in connection with Australian Institute of Language web properties, collectively as "the Website" .

2. Ownership of the Information, Materials and Software of the Website

You expressly acknowledge and agree that (a) the Website contains information, text, software, photos, video, graphics, music, sounds and other material (called "Materials" ) that are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights (called "Intellectual Property Rights"); (b) all rights, title and interest in and to these Materials and Intellectual Property Rights belong solely and exclusively to Australian Institute of Language; and (c) these Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later.

3. Use of the Information and Materials of the Website

3.1. Limited End User License. Pearson grants a limited license to all users of the Website that is nonexclusive, personal and non-transferable, and may not be sublicensed. Website Licensees may use, display, and, when such functions are available on the Website, reformat, download, and print Materials obtained through the Website solely for their own personal, non-commercial, educational purposes. Login Credentials (username and password) may not be shared with others or otherwise disclosed to unauthorized third parties for any purpose whatsoever.

3.2. Permitted Uses of Materials.Except as You may be expressly permitted by this Agreement under Section 3.2 above or pursuant to express written permission obtained from AIL, You may not use, modify, adapt, reformat, download, upload, post, reproduce, broadcast, publish, display, perform, transfer or redistribute any Materials in any form, format or media or by means of any technology without obtaining the prior written authorization of AIL and any other owner of the Intellectual Property Rights in such Materials.

3.2.1 You may not reproduce, use, sell, transmit, publish, broadcast, or otherwise disseminate or distribute Materials from the Website to anyone, including but not limited to others in the same company, school, college or other organization, whether or not for a charge or other consideration

3.2.2 You may not post Materials from the Website or answers to test questions provided by the Website to newsgroups, mail lists, electronic bulletin boards, homework sites, content aggregators, file storage services or any other on-line destination.

3.2.3  You may not reproduce any illustrations, charts, photographs, outlines, extensive text excerpts, chapters, or e-books included in the Materials for any use outside of the class with which the Website is being used.

3.3. Permissions. If You wish to request permission to reproduce Materials from the Website for other than the specifically authorized educational purpose, use the information available at www.pte-practice.com www.pte-practice.com to contact the appropriate Australian Institute of Language representative. Your use of any Materials by permission must include proximate to the excerpted Materials all copyright, trademark and other notices from the Website (whether or not included in the particular Materials used), and appropriate source attribution to Australian Institute of Language.

4. Availability of the Website and the Materials.

Australian Institute of Language may at any time, with or without notice to You, restrict the use and accessibility of the Website as well as limit the duration and amount of use made of the Website. Australian Institute of Language may change or discontinue any portion, feature, or content of the Website at any time with or without notice to You; however, Australian Institute of Language will make reasonable efforts to provide end users notice of significant changes to the Website when feasible and provide alternative materials if substantial portions of the Website are removed.

5. Restrictions on Use of the Website. 

5.1impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; including using another person’s Login Credentials;

5.2use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Website, any data or content found on or accessed through the Website or any other AIL Materials without the prior express written consent of AIL;

5.3violate the security of the Website or attempt to gain unauthorized access to the Website, Website Content, or computer systems or networks connected to any service of the Website through hacking, password mining or any other means;

5.4interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;

5.5violate any applicable local, state, national or international law or the academic rules or other policies of Your educational institution or other sponsoring organization; or

5.6engage in any conduct which otherwise diminishes the pedagogical or commercial value of the Materials.

6. Australian Institute of Language Privacy Policy for Disclosure of Demographic and Personal Information 

6.1Demographic InformationBy using the Website, You agree that AIL may collect, use, sell, license and otherwise distribute demographic data about Your use of the Website in a form which has been modified so that You may not reasonably be identified to assist in market evaluation, product assessment and improvement, educational research and for other purposes as reasonably determined by AIL.

6.2Personal Information.For the purposes of this Agreement, “Personal Information” means information collected by AIL on this Website or otherwise provided by You which contains identifiable information such as Your name, email, physical address, username, password, and financial account numbers.

6.3ConsentConsent can be express (for example, electronically by accepting terms describing the intended uses and disclosures of Personal Information) or implied (for example, when You provide Personal Information necessary for a service You have requested). Generally, by providing us with Personal Information, we will assume that You consent to our collection, use and disclosure of such information for the purposes identified or described in this Privacy Policy, or as otherwise specified at the time of collection.

6.4Collection, Use and Disclosure of Personal Information. AIL will not disclose Personal Information associated with Your use of the Website to any third parties not affiliated with AIL except as set forth in this Agreement. By accepting this Agreement, you acknowledge and agree that AIL may collect, use and disclose Your Personal Information as permitted and/or required by local privacy regulations applicable to You. By accepting the terms of this Agreement, You explicitly consent to the following uses and disclosures of Your Personal Information (to the extent applicable to You) for the purposes stated herein:
(a) Personal Information may be disclosed to and collected, used and/or stored by AIL, and may be transferred to affiliates of AIL and/or authorized vendors (vendors that provide services on our behalf subject to the restrictions of this Privacy Policy) for the purposes of hosting, maintaining and supporting the Website, providing technical and customer support, processing payment, and managing and administering our business. Australian Institute of Language takes reasonable contractual, technical and procedural measures to protect Personal Information and comply with applicable local laws and regulations while it is being processed, handled and/or stored by AIL and its affiliates or vendors.

6.5Statistical Data. Some activities within the Website may request users to submit information that is tabulated and stored in a database. The data obtained is used to produce statistics that are integral to the educational value of these activities. Anywhere the requested data is personal in nature, a user’s specific responses remain confidential and are not associated with name or e-mail address in any way. By participating in an activity that uses information entered by end users for statistical analysis within the activity, You are giving us consent to include Your data in the study.

6.6Marketing.Australian Institute of Language reserves the right to use Personal Information to market its products (i.e. contact users for participation in focus groups, seminars, or product reviews, or provide information on complimentary or upgrade products) only to users ages 13 and above who have opted in to receive marketing information from AIL. Australian Institute of Language does not sell such Personal Information to any third party.

6.7Access, Correction and Contacting Us.If You wish to access or correct Personal Information provided in connection with this Website, You may make changes through your Website account. Your right to access or correct Personal Information is subject to applicable legal restrictions. We may take reasonable steps to verify Your identity before granting access or making corrections. If You wish to make inquiries or complaints or have other concerns about our Personal Information practices (including regarding the transfer of Personal Information to other jurisdictions), You may email us at pte@ail.vic.edu.au .

6.8Use of "Cookies"You acknowledge and consent to the use of “cookies” in connection with Your activity on the Website. These cookies are retained for as long as You are registered for a Website. Cookies are alphanumeric identifiers that we transfer to Your computer’s hard drive through Your web browser when You visit and revisit the Website. Cookies permit us and our service providers to track the pages You visit and the content You view and are necessary for the proper functioning of this Website. Although the information collected through cookies is not itself considered Personal Information, such information may enable us to relate Your use of the Website to other information we have collected about You, including Personal information. If You do not want us to be able to store cookies on Your hard drive, Your browser’s help section should be able to tell You how You can disable or filter cookies and how to arrange for Your browser to tell You when You’ve been sent a new cookie. Disabling certain cookies may, however, limit Your ability to use this Website or certain features of the Website.

6.9Nature of Data on the Internet. Due to the complexity and open nature of the Internet, there is always a risk that information collected and/or displayed on the Website may be compromised or accessed notwithstanding the implementation of stringent data security measures by AIL. To mitigate such risks, You should (a) use secure usernames and passwords and carefully protect them from disclosure; (b) restrict Your access of the Website to secure networks; and (c) implement updated internet security and virus protection software on Your computer system. Should You suspect that Your computer’s security has been compromised or that Your username or password may have been have been accessed by a third party, please contact pte@ail.vic.edu.au . Also, change Your password immediately through your account on the Website.

6.10Privacy Policy Changes.This Privacy Policy may be revised from time to time. If we intend to use or disclose Personal Information for purposes materially different than those described in this policy, we will make reasonable efforts to notify You. Your continued provision of Personal Information or use of the Website following any changes to this Privacy Policy constitutes Your acceptance of any such changes.

7. Your Other Responsibilities Concerning Registration for the Website 

7.1By registering for the Website under this Agreement, You certify to AIL that: (a) the information You have provided to AIL in order to register as an end user is complete, accurate and current; (b) You will notify AIL within 15 days of any change in Your registration information; (c) that you consent to the receipt of any notice or process at the email and/or mailing addresses provided by You; and (d) that You will not share Your username and password except as expressly authorized under the terms of Your license.

7.2If any of these certifications is or becomes untrue, or if You do not comply in full with these requirements, Australian Institute of Language has the right to suspend and/or terminate Your access to the Website.

7.3You are also responsible for obtaining and using all computer hardware and software required for Your access to and use of the Website and for any charges incurred for Your own access to the Website through an Internet access provider or other third-party website.

7.4You are responsible for all uses of the Website through Your username and password. You are responsible for protecting and securing Your username and password from unauthorized use and disclosure. In the event that You become aware of or believe there has been any breach of the Website, such as the theft or unauthorized use of Your username and password, You will notify AIL immediately by contacting pte@ail.vic.edu.au

8.  Termination of Access

8.1 If for any reason within the first 7 days of registering, You are dissatisfied with the Website, You can request a full refund, whereupon Your access and this License will terminate. This refund policy does not apply to: a) any instance where You have undertaken a practice test on the Website and submitted it for scoring b) lost or misplaced access codes;

8.2Your access commences the day You submit the registration form and runs for the specific term defined whether or not the Website is used. Your obligations under this Agreement will exist until said term expires or the access is terminated by You or AIL

8.3You may terminate this Agreement and Your rights to use the Website at any time and without cause by notifying AIL of Your decision to terminate.

9. Indemnification by You To the fullest extent permitted by law, You agree to defend, indemnify and hold harmless Australian Institute of Language from and against any and all claims, charges, demands, damages, losses, expenses, and liabilities of whatever nature and howsoever arising (including, but not limited to, any legal or other professional fees and the costs of defending or prosecuting any claim), incurred or suffered by AIL, directly or indirectly, by reason of any act or omission which You or any of Your agents, contractors, employees or representatives commit in breach of this Agreement or in violation of any third-party rights or any laws or regulations that may apply to Your use of the Website or any Website Content.

10.  Notices, Reporting and QuestionsAustralian Institute of Language may give notice to You by electronic mail, Notice by AIL shall be effective on the date that AIL makes a good faith effort to reach You.

You shall give notice to Australian Institute of Language as stated below. Notice by You shall be effective on the date that AIL actually receives the notice.

Online: pte@ail.vic.edu.au

Notice of change to Your registration information is to be done through the account management function provided on the Website.

Any questions about this Agreement, the Website, its availability, security or the Materials contained on it (including any concerns or reports regarding broken links, prohibited End User Content, or any other technical or customer support issues) may be reported to the contact above. If Your question or concern pertains to particular content or links on the Website, please include the originating AIL page URL, any linked page URL and a description of the content in question to ensure AIL can quickly respond to the issue.

11.  Miscellaneous

11.1This Agreement is personal to You, and You may not assign, transfer or delegate Your rights or obligations under this Agreement to anyone. Australian Institute of Language may assign or delegate its rights or obligations under this Agreement.

11.2 In the event that any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remainder of this Agreement shall remain valid and enforceable according to its terms.

11.3This Agreement is the entire agreement between AIL and You with respect to the Website. Headings in this Agreement are for Your convenience only and do not have any legal meaning or effect. If AIL waives or fails to enforce any term or condition of this Agreement on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce will not mean that it must waive or cannot enforce such term or condition on any other occasion, or any other term or condition of this Agreement. The meaning of this Agreement cannot be changed by Your or AIL’s conduct, even if repeated, or by any custom or practice of others engaged in the same or similar businesses. In addition to being a part of the registration form, this Agreement resides on the Website under the “License Agreement” link so that You may reference it at any time.

11.4It is the express wish of the parties that this Agreement and all related documents be drawn up in English.
© 2016 Australian Institute of Language. All rights reserved.
V0.1 - last updated 11 October 2016