1. BACKGROUND

These Terms and Conditions ("Terms") constitute an agreement between:

• PEAR Academy Aust Pty Ltd, ABN 16 107 175 360, a registered Australian company operating in India through its local entity, PEAR Academy Australasia LLP (the authorised Reseller and Delivery Partner for ICAS Assessments in India); and
• Janison Solutions Pty Ltd, ABN 35 081 797 494, of Level 5, 126 Phillip Street, Sydney NSW 2000, Australia, trading as ICAS Assessments and serving as the developer and licensor of ICAS assessment content and testing platform functionality; and
• The Registered School (referred to as "you" or "School") choosing to participate in the ICAS Assessments programme, and PEAR Academy.

This agreement governs your School's access to and use of the ICAS Assessments and ICAS Past Papers (collectively, the "Products") and the related services (the "Services") delivered via the Janison testing platform and coordinated locally by PEAR Academy.

From 1 January 2023, Janison is no longer accepting registrations from individual home schools. If your school operates in a special category or needs an exception, please contact icas@pearacademy.org.

As a School, you are required to:

• Review and accept these Terms before registration;
• Issue the Privacy Collection Statement (Attachment 1) to parents and guardians before submitting any student information;
• Comply with all applicable data protection and operational guidelines issued by PEAR Academy and Janison.

These Terms apply when:

• You register your school to administer ICAS Assessments through PEAR Academy;
• You purchase or receive access to ICAS test papers (in digital format);
• You set up an account with the Parent Payment System (PPS) and invite parents to pay directly for ICAS tests delivered at your school.

By participating in the ICAS program, either through a School Purchase or via PPS, you agree to be bound by these Terms and the accompanying schedules, including the ICAS Terms of Use, Janison Privacy Policy, and any applicable Indian data protection obligations.

PEAR Academy and Janison reserve the right to amend these Terms at any time. The latest version will be published at:
https://icas.pearacademy.org/terms-and-conditions

You are responsible for reviewing these Terms regularly. The version in force at the time of your order or registration will be binding.

For all queries, please contact:
icas@pearacademy.org

CANCELLATION / TERMINATION

PEAR Academy and Janison reserve the right to cancel a School's registration or product order in the following cases:

• The requested product is no longer available;
• Material errors exist in the information provided at time of order;
• Payment has not been received at least 4 working days prior to the Sitting Period.

If cancellation occurs, PEAR Academy will notify the School in writing and, where applicable, issue a refund.

You (the School) may terminate participation if there is a proven breach of these Terms by PEAR Academy or Janison. A refund will be granted in such cases.

If you breach these Terms, PEAR Academy and Janison may terminate your access without refund.

CANCELLATIONS, REFUNDS, CREDIT NOTES OR ALTERNATIVE SITTING PERIODS

Refund Procedure

Refund or credit note requests must:

• Be submitted in writing via icas@pearacademy.org;
• Be received no later than 7 business days after the Sitting Period ends.

PEAR Academy will assess requests in line with its Refund Policy. Administrative fees may apply.

Refunds or credits are at the discretion of PEAR Academy and Janison. If a credit note is issued, it will be valid for 1 year from date of issue.

Refunds will not generally be issued:

• For changes of mind;
• For digital products already delivered;
• Where School cancels services unilaterally without notice.

Refunds Due to School Cancellations

If a School cancels participation:

• It must notify PEAR Academy in writing;
• It must inform parents and refund any fees collected from them (if applicable);
• PEAR Academy is not obliged to refund any amounts unless explicitly agreed.

If parents have paid through PPS and the School cancels, PEAR Academy reserves the right to recover such refunded amounts from the School.

FORCE MAJEURE / IMPRACTICAL EVENT

If delivery is impacted by:

• Natural disasters;
• Health crises (e.g., pandemic);
• Government restrictions;
• School closure, relocation, or merger; then PEAR Academy will work to reschedule the Sitting Period.

If no alternative schedule is viable, the School may apply for a refund, providing:

• Evidence of the disruption;
• Confirmation that collected fees will be refunded to parents.

INTELLECTUAL PROPERTY

All ICAS content (including assessments, past papers, certificates, and test platform software) remains the intellectual property of Janison Solutions Pty Ltd.

By purchasing or accessing Products:

• You are granted a non-exclusive, non-transferable, limited licence to use the Products during the designated Sitting Period for internal educational purposes only;
• You must not reproduce, share, copy, transmit, adapt, or distribute any part of the content without prior written permission from Janison.

You must ensure that:

• Staff and students do not photograph, download, or record questions or interface screens;
• Products are not uploaded to external sites or shared across schools or groups.
• Any breach of these obligations may result in legal or financial action.

Where third-party branding (e.g., UNSW logos) is used, these remain the property of respective institutions and are not licensed for reuse.

RESTRICTION OF ACCESS

PEAR Academy and Janison reserve the right to restrict access to Products or the Test Platform if:

• These Terms are violated;
• Scheduled or emergency maintenance is required;
• System improvements or software updates are deployed;
• There is evidence of platform abuse or fraud.

In the event of scheduled disruptions, schools will receive a minimum 14 days' notice where possible. If a Sitting Period is affected, an alternative Sitting Period will be offered.

YOUR DATA

By providing data via the registration form, the Test Platform, or any communication with PEAR Academy, you grant a license to:

• Use the data for the purposes of test delivery, analysis, customer support, and reporting;
• Store and process the data in compliance with Indian law and Janison's international privacy standards.

You confirm that:

• You have obtained proper consent from parents/guardians to share student data;
• You are authorised to submit and manage the data provided;
• No unlawful, misleading, or unconsented data will be uploaded.

Personal data for minors will only be retained as long as necessary for educational, archival, or legally compliant purposes. Schools may request deletion of data after the test cycle ends by emailing icas@pearacademy.org.

MISCELLANEOUS

These Terms constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements relating to the subject matter.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

These Terms are governed by Indian law. Any disputes will be subject to the exclusive jurisdiction of Indian courts.

PEAR Academy and Janison may assign or transfer their rights and obligations under these Terms without prior notice.

No waiver of any breach of these Terms will constitute a waiver of any subsequent breach.