Terms and Conditions

Terms and Conditions of Use

  1. Acceptance of Terms and Conditions of Use
  2. Prices
  3. Taxes
  4. Shipping and Handling
  5. Limited Warranty
  6. Confidentiality
  7. Maintenance of Test Security
  8. Copyright Notice
  9. Limited License
  10. Limitation of Liability
  11. Force Majeure
  12. Notices
  13. Governing Law and Venue
  14. Limitation of Claims
  15. Export Law Assurance
  16. Maintenance of Test Security and Test Use
  17. Software

Policies

  1. Permissions and Licensing
  2. Permission to Use Copyrighted Test Norms
  3. Permission for Research
  4. Qualifications
  5. Trademarks
  6. Rules of Governing License of Materials to Various Categories of Customers
  7. Conditions of Sale

Terms and Conditions of Use

Effective: January 1, 2010

IMPORTANT NOTE: These Terms and Conditions of Use apply to the products and services listed on this website and in our catalogue, unless otherwise noted.

These Terms and Conditions of Use are subject to change without notice; the Terms and Conditions of Use posted and applicable at the time of order shall govern each order.

For the purposes of these Terms and Conditions of Use, the term “Customer” used throughout shall mean any organisation, school, agency, company or individual, whether public or private, purchasing a license to use any of the Pearson materials.

1. Acceptance of Terms and Conditions of Use

The purchase of a license for the use of test instruments, related materials, and services covered by these Terms and Conditions of Use are based upon acceptance of the various terms and conditions and adherence to all policies described, which may be modified from time to time. Customers agree to be bound to all terms and conditions effective at the time of order when placing an order for materials, registering for the applicable Pearson Qualifications either online or by Form, a Purchase Order, a Test Order Form, an Order for Scoring Services, or by partial or total payment of Pearson’s invoice for any tests, materials, or services ordered. No modification or additions to these terms and conditions are binding upon Pearson unless previously agreed to in writing by an authorised representative of Pearson, including but not limited to any terms that may appear on customer purchase orders.

2. Prices

All prices and terms are subject to change without notice and are inclusive of GST but exclusive of shipping and handling charges.

Terms are Net 30 Days for Clients with Trading Accounts otherwise payment must be made at time of purchase by Credit Card, Direct Deposit or Cheque. No discounts are offered for cash payments or prompt payment.

3. Taxes

All prices include a 10% Goods and Services Tax (GST) for clients within Australia. In New Zealand the 15% (GST) is included in the price.

4. Shipping and Handling

Test materials are shipped by traceable means via ground delivery unless air, or special delivery is requested. Orders that include a specific delivery date will be treated as authorising air or special delivery charges (Please see expedited Delivery Condition above) if accelerated shipping (or delivery) is needed to meet the required date. A handling charge of 7.5% to a maximum of A$75 (NZ 10% max of $100) will be added to all orders for materials to cover picking, packing, assembly and shipping costs. Software shipping and handling charges may vary. This charge will be listed on the invoice as “Freight.” Please allow 10 days for delivery of test materials after receipt of an order.

Shipping and handling charges are subject to change without notice.

5. Limited Warranty

Pearson warrants that the products covered by these Terms and Conditions of Use will be manufactured in usable quality. PEARSON MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. REPLACEMENT OF MATERIALS, OR REFUND OF ALL OR A PORTION OF THE LICENSE PRICE (BASED UPON THE SALABLE CONDITION OF THE MATERIALS), AT PEARSON’S SOLE OPTION AND IN ACCORDANCE WITH THE PRODUCT RETURNS POLICY, CONSTITUTES THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE FOREGOING WARRANTY.

Some jurisdictions restrict certain limitation of warranties, so some or all of the above limitations may not apply to all customers.

6. Confidentiality

Customer acknowledges and agrees the contents of Pearson’s tests may constitute trade secrets, which include confidential and proprietary material, information, and procedures. Customer will not sublicense, rent, lend, transfer, lease, resell or otherwise distribute materials, or authorise or allow disclosure of the contents of a test instrument protocol, including test questions and answers, or normative data, except under the limited circumstances described in the section titled “Maintenance of Test Security,” or as otherwise contemplated in the manual associated with the test. Customer acknowledges and agree that the use or disclosure of trade secrets in a manner inconsistent with the provisions of this Agreement may cause Pearson irreparable damage for which remedies other than injunctive relief may be inadequate. Accordingly, Customer agrees that in any request by Pearson to a court of competent jurisdiction for injunctive or other equitable relief seeking to restrain such use or disclosure, Customer will not maintain that such remedy is not appropriate under the circumstances.

7. Maintenance of Test Security

Each person or institution purchasing a license for a test must agree to comply with basic principles of minimum test security, including the standards described in the “Maintenance of Test Security and Test Use.”

Customer agrees that it will take necessary steps to inform its employees or other individuals who may have access to the test(s) of these Terms and Conditions and requirement for Maintenance of Test Security and Test Use.

8. Copyright Notice

Tests, test booklets, test items, norms, score reports, and other related materials of Pearson are copyrighted. They are not to be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage and retrieval system without permission in writing from Pearson. The reproduction of any part of Pearson’s copyrighted tests and related materials in any way, whether the reproductions are sold or furnished free for use, is a violation of federal copyright law. No adaptations, translations, modifications, or special versions may be made without permission in writing from Pearson; customers are advised that such adaptations, translations, modifications, or special versions may affect the validity of the tests.

9. Limited License

Customer acknowledges and agrees that Customer is purchasing a nonexclusive, nontransferable, revocable, limited license to use the copyrighted material subject to these Terms and Conditions of Use. The purchase of a license for any copyrighted material in no way transfers copyrights or other ownership interests to Customer except for a limited license hereunder. Additionally, Customer shall not (and shall not permit others to) sublicense, rent, lend, transfer, lease, sell or provide to others the copyrighted material except as otherwise provided by these Terms and Conditions of Use.

10. Limitation of Liability

PEARSON SHALL NOT BE LIABLE TO CUSTOMER FOR ANY SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LOST BUSINESS, PROFITS, INCOME, OR GRANTS, OR EXPENSES INCURRED BY CUSTOMER AS A RESULT OF DELAYS OR THE LICENSE OF SUBSTITUTE MATERIALS, ARISING OUT OF THIS AGREEMENT AND/OR THE USE OR MISUSE OF, OR INABILITY OF CUSTOMER TO USE, ANY PRODUCTS OR MATERIALS SUPPLIED HEREUNDER, EVEN IF PEARSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE. IN ANY EVENT, IN RESPECT OF ANY CLAIM, DEMAND OR ACTION ARISING OUT OF THIS AGREEMENT, CUSTOMER SHALL BE LIMITED TO RECEIVING ACTUAL AND DIRECT DAMAGES IN A MAXIMUM AGGREGATE AMOUNT EQUAL TO THE CHARGES PAID BY CUSTOMER TO PEARSON HEREUNDER FOR THE APPLICABLE PRODUCTS OR MATERIALS ON WHICH THE CLAIM IS BASED.

11. Force Majeure

Nonperformance of either party shall be excused to the extent that performance is rendered impossible by strike, fire, flood, act of God, war, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the non-performing party and not due to its fault or negligence.

12. Notices

Any required notices shall be given in writing to the Customer at the most recent contact information provided by Customer to Pearson. Customers agree that Pearson may send notices by electronic mail as an alternative to conventional mail.

13. Governing Law and Venue

These Terms and Conditions of Use, each transaction entered into in connection with this Terms and Conditions of Use, and all matters arising from or related to these Terms and Conditions of Use (including validity and interpretation) are governed by, construed, and enforced in accordance with the laws of the State of Victoria Australia, without reference to any conflict of law principles.

14. Limitation of Claims

Customer must bring any action on any claim against Pearson within one (1) year following the date the claim first accrued, or it shall be deemed waived.

15. Export Law Assurance

If the product(s) ordered from Pearson have been rightfully obtained within Australia and New Zealand, Customer agrees and certifies that neither the products nor any technical data received by the Customer from Pearson will be exported outside of Australia and New Zealand, except as authorised by the laws and regulations of Australia and New Zealand.

16. Maintenance of Test Security and Test Use

Each person or institution purchasing a test license must agree to comply and cause its employees and others having access to test materials to comply with these basic principles of minimum test security:

  • Test takers must not receive test answers before beginning the test.
  • Test questions are not to be reproduced or paraphrased in any way.
  • Access to test materials must be limited to qualified persons with a responsible, professional interest who agree to safeguard their use.
  • Test materials and scores may be released only to persons qualified to interpret and use them properly.
  • If a test taker or the parent of a child who has taken a test wishes to examine test responses or results, the parent or test taker may be permitted to review the test and the test answers in the presence of a representative of the school, college, or institution that administered the test, but must not be permitted to take notes or make copies of any of the test materials.

Such review should not be permitted in those jurisdictions where applicable laws require the institution to provide a photocopy of the test subsequent to review.

If Customer is not certain of the effect of the laws in a particular state, please contact the relevant state’s professional organisation. 
No reproduction of test materials is allowed in any form or by any means, electronic or mechanical.

Requests to copy any test materials must be in writing and directed to:

Permissions and Licensing, Test Materials PCTA
Pearson Australia
PO Box A239
Sydney South  NSW 1235
Australia

Test materials may not be resold or distributed for any purpose.

17. Software

The software licenses are sold on a per user basis and each license may be installed and used by one user only (unless otherwise noted).

Software may be returned within 30 days of invoice date. Software must be returned with all media, accompanying materials, and original packaging along with a written statement verifying that the software has been removed from all computers.


Policies

1. Permissions and Licensing

Reproduction of any purchased materials requires the prior written consent of Pearson. Questions and answers, including practice questions and answers, may not be reproduced without written permission, regardless of the number of lines or items involved. Test copies may not be bound in theses, dissertations or reports placed in libraries, generally circulated, or accessible to the public, or in any article or text of any kind.

Pearson will consider requests for permission to reproduce, modify, or translate part or all of any copyrighted publication and will also consider the granting of licenses for use of our copyrighted materials. Requests to reproduce, translate, adapt, modify, or make special versions of these publications must be in writing and directed to:

Requests to copy any test materials must be in writing and directed to:
Permissions and Licensing, Test Materials PCTA
Pearson Australia
PO Box A239
Sydney South  NSW 1235
Australia

Once approved, any reproduction must include acknowledgement of the source, including author, test, publisher, and copyright notice.

2. Permission to Use Copyrighted Test Norms

Pearson has the sole right to authorise reproductions of any portion of its published tests, including test norms. Copying of test norms without authorisation is a violation of copyright. The term “copying” includes, but is not limited to, entry of test norms into a computer memory for purposes of test processing, scoring, or reporting. Any person or organisation wanting to use Pearson’s test norms must submit a formal written request to the General Manager. If permission is granted, a fee may be charged. Permission from Pearson for use of test norms does not imply endorsement of, or responsibility for, the accuracy or adequacy of any test processing, scoring, or reporting service.

3. Permission for Research

Permission is not needed for research by individuals who are qualified to license and administer the tests; however, no reproduction of test materials is allowed for any purpose, including articles and reports based on research, without the prior written consent of Pearson.

4. Qualifications

Note: Please read this section. Not everyone who wishes to obtain a license for a test is qualified to do so. In order to avoid delay in your order, please make sure your qualifications are known to us.

The tests listed on this website and in this catalogue are carefully developed assessment instruments that require specialised training to ensure their appropriate professional use. Eligibility to purchase these tests, therefore, is restricted to individuals with specific training and experience in a relevant area of assessment. These standards are consistent with the professional and ethical standards of a variety of professional organisations. These organisations whose members use tests are diverse, they include but are not limited to such organisations as the Australian Psychological Association (APS), the New Zealand Psychological Society (NZPS), Speech Pathology Association (SPA), Occupational Therapy Australia and New Zealand. Globally these organisations include the American Counselling Association (ACA), the American Educational Research Association (AERA), the American Psychological Association (APA), the Council for Exceptional Children (CEC), the National Association of School Psychologists (NASP), and the National Council on Measurement in Education (NCME).

Pearson is committed to upholding these standards, and we reserve the right to require additional evidence of each customer’s qualifications. Pearson has the sole right to determine whether a customer is qualified and under what classification. In addition, Pearson retains the right to withhold or withdraw approval for test license where there is evidence of violation of commonly accepted testing practices or any of the Terms and Conditions of Use.

Note: No tests are licensed for self-guidance, nor to any individual or organisation engaged in testing and counselling by mail. Test users must agree to guard against the improper use of Pearson’s tests in order to retain the right to license those tests. To protect their security and value, tests and scoring keys must be kept in locked files or storage cabinets accessible only to authorised personnel.

Test materials may not be resold or otherwise distributed, or used as tools for performance coaching or to design performance coaching materials. Customers wishing to license the use of Pearson’s tests for homeschoolers should refer to the section entitled “6.0 Rules Governing Sale of Materials to Various Categories of Licensees”.

5. Trademarks

Any unauthorised use of Pearson’s trademarks is strictly prohibited. Requests to use any trademark should be addressed to the:
Permissions and Licensing, Trademarks PCTA
Pearson Australia
PO Box A239
Sydney South  NSW 1235
Australia

Pearson reserves the right to amend these policies at any time. Contact the General Manager for more information.

6. Rules Governing License of Materials to Various Categories of Customers

Universities, schools, organisations and businesses are subject to the guidelines set forth above and must have appropriately qualified individuals on staff in order to license test materials. These individuals must complete a Registration Form which includes qualification information or provide information as to their qualifications. Orders not accompanied by this documentation may not be processed.

Qualified individuals should comply with the requirements of their respective institutions concerning the use of purchase orders. Pearson may not be able to process orders without the appropriate purchase order(s) or other documentation required by the institution.

7. Conditions of Sale

United Book Distributors – Conditions of Sale