Terms and Conditions

THE AGREEMENT: The use of this website and services on this website provided by Landmax building services doing business as Test Magic (hereinafter referred to as “Website”) are subject to the following Terms & Conditions, all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as “Website”) and any services provided by or on this website (“Services”).

DEFINITIONS

“Agreement” denotes these Terms and Conditions and the Privacy Policy and other documents provided to you by the website.

“We,” “us,” and “our” are references to TESTMAGIC.COM.AU.

“User,” “You,” and “your” denotes the person who is accessing the website to take or avail of any service from us. User shall include the Company, partnership, sole trader, person, body corporate, or association taking services of this website.

” Website” shall mean and include testmagic.com.au and any successor Website of the Company or any of its affiliates.

Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.

ASSENT & ACCEPTANCE

PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE “TERMS”) CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS, AND REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICES AND CONTENT. FOR EXAMPLE, THE TERMS INCLUDE:

• YOUR OBLIGATION IS TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
• LIMITATIONS OF OUR LIABILITY TO YOU; AND
• A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

YOUR ACCESS TO AND USE OF THE SERVICES ARE CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH ALL APPLICABLE TERMS. If you do not agree to these Terms or our Privacy Policy, then please cease using the Services immediately. We reserve the right to change these Terms at any time (see “Changes to these Terms” below.) By accessing, browsing, and/or using the Services after updates to these Terms have been posted, you agree to be bound by the updated Terms. THESE TERMS AND OUR PRIVACY POLICY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND TEST MAGIC.

ACCURACY OF INFORMATION

Occasionally there may be information on the website that contains typographical errors, inaccuracies, or omissions that may relate to user descriptions, pricing, availability, promotions, and offers. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and conditions at any time and for any reason. We undertake no obligation to update, amend or clarify information on the website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the website should be taken to indicate that all information on the Website or Services has been modified or updated. Please ensure that you check the applicable Terms every time you use our site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms and conditions by your continued use of the site after the date such revised Terms and conditions are posted.

ACCOUNT RESPONSIBILITY

Account Responsibility.

When You create Your Account, you agree to (a) provide true, accurate, current, and complete information about yourself in the registration form for the service (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide false, inaccurate, out-of-date, or incomplete information, or if the provider has reasonable grounds to suspect that such information is false, inaccurate, out-of-date, or incomplete, the provider has the right to suspend or terminate Your Account and refuse any and all current or future use of the service (or any portion thereof). You are responsible for all fees and charges (plus applicable taxes) associated with Your Account’s use of the service, including fees or charges for premium features or options and payment for purchases made through the service. Access to and use of the service’s premium features or options are subject to the posted terms and conditions (including payment of applicable fees and charges).

SECRECY OBLIGATION

Once You have chosen or been assigned a unique username and password (“Identifiers”) for Your Account, You are responsible for maintaining the security and confidentiality of these Identifiers. Certain areas of the website require the use of one or more of these Identifiers. If You believe Your Identifiers have become insecure or confidential, You should immediately notify the provider by sending an email, at which point new Identifiers may be selected and allocated, and any future transactions utilizing the previous Identifiers may be voided at the provider’s sole discretion. Without limiting the foregoing, any transactions made and accepted on the website utilizing Your Identifiers (and in which You have not previously notified the provider as provided herein) will be considered valid.

NO TRANSFER

Per person, only one account is permitted. Accounts are non-transferable. You shall not allow or permit any other person or third party, to use the Service in Your applicable jurisdiction, and in no event, any person under the age of thirteen years use or re-use Your Account or Your Identifiers in a manner that may violate the standards or laws of any jurisdiction in which You are located and/or a resident, or in which such other person is located and/or a resident. Anyone found in violation of this section may be reported to the appropriate authorities.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

The provider is committed to protecting the privacy of visitors to our website. Please refer to the Provider’s Privacy Statement for information regarding the collection and use of Your information. The User acknowledges and agrees that this Privacy Policy, including the way the provider collects, uses, and discloses the User’s personally identifiable information, is incorporated into and made a part of these Terms and Conditions of Use. If the User does not agree to all the provisions of the Provider’s Privacy Policy, the User should refrain from using the website or submitting any personally identifiable information through it. A provider should be contacted regarding privacy concerns via email.

COPYRIGHT

All content included in or made available through any Test Magic, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and is the property of Test Magic or its content suppliers and protected by Australia and international copyright laws. The compilation of all content included in or made available through any Test Magic is the exclusive property of Test Magic and protected by Us. and international copyright laws.

Copyright Infringement

We do not allow any content that infringes copyright. The use of copyrighted content by others without proper authorization or legally valid reason may lead to a violation of Test Magic’s policies.

At the same time, not all unauthorized uses of copyrighted content constitute an infringement. Exceptions to copyright infringement, such as the fair use doctrine or other applicable laws, allow the use of copyrighted work under certain circumstances.

Removal of Content; Suspension or Termination of Account

Any user content that infringes another person’s copyright may be removed. The account may be suspended or terminated for multiple copyright violations in connection with the use of the Test Magic site or other violations of the Terms of Service and Community Guidelines. We reserve the right to refuse any account holder whose account was used for improper activities from opening a new account on the Test Magic site or otherwise hosted by Test Magic.

Copyright Infringement Notification

• Contacting the User directly may resolve your complaint more quickly and in a way that is more beneficial to you, the User, and our community. You may also file a Copyright Infringement Report.
• All complaints should contain the information requested in our online contact form. Failure to include necessary information may limit our ability to investigate your claims and may result in your complaint being denied.
• We may provide the account holder with your contact information, including the email address and the name of the copyright owner and/or details of the complaint.
• Before submitting a notification, please be aware that intentionally submitting a misleading or fraudulent report may lead to liability for damages of Australia The Copyright Act 1968 (Cth) (Copyright Act) or similar laws as may be applicable in other countries.

Copyright Infringement Counter-Notification

1. If you receive a copyright infringement notification that you believe to be in error or believe that you are authorized to use the content, you can reach out to the copyright owner directly to request a retraction.
2. You may also provide us with a counter-notification via our Counter Notification Form. All counter-notification should contain the information requested in the Counter Notification Form. Failure to include necessary information may limit our ability to investigate your claims and may result in your counter-notification being denied.
3. The counter-notification process will take time to complete; please be patient. During this time, the copyright claimant may file an action seeking a court order to keep the content down pursuant to the Australia Copyright Act 1968 (Cth) (Copyright Act) or similar laws in other countries. Please note that we will forward the entire counter-notification to the original reporter, including any contact information you provide, in accordance with our Terms of Services and Privacy Policy. The claimant may use this information to file a lawsuit against you.
4. If we do not receive notice that the original reporter is seeking a court order to prevent further infringement of the material at issue, we may replace or cease disabling access to the material that was removed if the material does not infringe on third-party copyright. The decision to re-post any material is at Test Magic’s sole discretion.

ACCEPTABLE USE

You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of testmagic.com.au.

• You further agree not to use the Website or Services:
• To harass, abuse, or threaten others or otherwise violate any person’s legal rights.
• To violate any of our intellectual property rights or any third party.
• To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
• To perpetrate any fraud.
• To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme.
• To publish or distribute any obscene or defamatory material.
• To publish or distribute any material that incites violence, hate, or discrimination towards any group.
• To unlawfully gather information about others.

INTELLECTUAL PROPERTY

You agree that the Website and all Services provided by us are the property of Test Magic, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Our IP”). You agree that we own all rights, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.

INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Test Magic and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former, or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third-party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by Test Magic. Test Magic reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Test Magic in asserting any available defences. An Indemnified Party may participate in the defence by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.

BINDING ARBITRATION

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The arbitration will take place in Australia. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.     

If for any reason, the Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Australia, and the Parties hereby consent to and waive all defences of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in such state and federal courts.

In no event shall any Dispute brought by either party related in any way to the site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

EXCLUSION OF LIABILITY

You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties, and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the testmagic.com.au Website, including loss of data or information or any kind of financial or physical loss or damage.

In no event shall Test Magic, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content attained from the service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, Agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.

MODIFICATION & VARIATION

We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

NO WARRANTIES

You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an “As Is” basis. We hereby expressly disclaim any express or implied warranties of any kind, including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the website or obtained through the Services. You agree that any damage that may occur to you through your computer system or because of the loss of your data from your use of the Website or Services is your sole responsibility and that we are not liable for any such damage or loss.

LIMITATION ON LIABILITY

We are not liable for any damages that may occur to you because of your use of the Website or Services to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

GOVERNING LAW AND JURISDICTION

This website originates from Australia. The laws of Australia. Without regard to its conflict of law, principles will govern these terms to the contrary. You hereby agree that all disputes arising out of or in connection with these terms shall be submitted to the exclusive jurisdiction of Australia. By using this website, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of these terms. You hereby waive any right to trial by jury arising out of these terms.

SEVERABILITY

If any provision of these Terms and conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

PARENTAL CONSENT

In the conduct of learning online, we are using an online website to conduct tests online. We believe that there is no better teaching and learning method than conducting lessons and tests online. However, during these days, we prioritize everyone’s safety. We want to continue with our advocacy to provide knowledge to everyone by conducting tests through the use of technologies; we ensure that it is used properly as we make comply with the following federal laws: (The Privacy Act 1988 and The Online Safety Act 2021) is a law that deals with how websites and other online operations, including applications, collect data and information from children under the age of 13. In compliance, no advertising shall appear during sessions of online tests. The sole purpose of the website is to provide education. No other third party shall have access to or shall obtain the student information.

Collection and Use of Personal Information

• The platform does not require children to provide their birthdays, ages, addresses, or other contact information to use the platform. However student name/ nick name may required
• The platform does collect personal information from parents, teachers, and other adults (for example, if you want to take the test).

We neither display advertising nor uses personal information to advertise to you or your child.

REFUND AND CANCELLATION POLICY

Subscription

By purchasing any subscription, you acknowledge that your subscription has an initial and recurring payment feature, you accept responsibility for all recurring charges prior to cancellation of the automatic renewal of your subscription, and you acknowledge that your subscription will be automatically extended for successive periods.

• Subscription: 1 month (30days) and 3 months (90days)
• Package included: Same for both subscriptions.
• Test attempt: No limit on doing all tests in the subscribed package. Each test can be attempted as many times as you want.
• Buy another package: Allow to buy any other available package. The above criteria will apply to each subscription individually.

Cancellation. To cancel the automatic renewal of your subscription, you must do one of the following to avoid being charged for the next renewal period: update your user account through the website at any time prior to your renewal date, send an email at least forty-eight (48) hours prior to your renewal date.

If you cancel the automatic renewal of your subscription, you may use your subscription until the end of your then-current subscription term. The Company may submit periodic charges (e.g., monthly) without further authorization from you until you provide prior notice that you have terminated this authorization or wish to change your payment method. If you cancel the automatic renewal of your subscription, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If the Company does not receive payment for renewal prior to the date of renewal, the Company may, at its discretion, do one or more of the following: (i) demand full payment, (ii) charge any form of payment you have obtained to replace your provided form of payment (e.g., you have obtained a replacement credit card number), and you hereby authorize the Company to do so, and (iii) terminate or suspend your subscription.

Refunds

Subscription fees are non-refundable, successful cancellation must be activated and updated before the next recurring trigger date

CONTACTING US

If you would like to contact us to understand more about terms or wish to contact us concerning any matter, you may do so via the contact us or email us.

This document was last updated on February 1, 2023