Getting to the point® Writing Skills Test Agreement

At 8 December 2021

1. Getting to the point® Writing Skills Test

1.1 Plain English Foundation Pty Ltd of Level 2, 191 Clarence St Sydney 2000 (PEF/we/us/our) owns and runs the Getting to the point® Writing Skills Test we offer through our www.plainenglishfoundation.com website.

1.2 We provide the Writing Skills Test as a paid online assessment tool for those:

  • individuals who buy and complete it themselves (you/your)
  • organisations who buy it and assign individuals as test candidates (you/your)
  • individuals who are assigned as a test candidate by someone else (you/your).

1.3 This agreement is made between us and you when you check the box agreeing to the agreement terms.

1.4 In checking this box, you represent that you are over the age of 18 or have a parent’s/guardian’s approval to make this agreement with us.

1.5 The terms that apply when you buy, assign, take or see the results of the Getting to the point® Writing Skills Test will remain valid even if we amend or vary this agreement from time to time.

2. Creating and using an account

2.1 Before you can buy, assign, take or see the results of the Getting to the point® Writing Skills Test, you must create a user account.

2.2 To set up an account you will need to give us your name, your organisation’s name if applicable and your contact details (email address, phone number and billing address). We will only use your personal information in line with our Privacy Policy.

2.3 You must provide accurate and complete information, and you must keep this information current.

2.4 You must keep your account password confidential. You must notify us immediately and change your password if you suspect, or become aware of, any unauthorised use of your account, or that your password may no longer be secure.

2.5 You must not share, transfer or assign your username, password or your account to or with another person.

2.6 We may terminate or suspend your account or access to our website at our discretion and without notice to you. This includes the right to immediately terminate or suspend your account or access if you engage in any conduct that is unacceptable or a breach of this agreement. You agree that we will not be held liable (for any reason) for any loss or damage you may suffer following this termination or suspension.

3. Price and payment

3.1 Our prices are in Australian dollars without GST (goods and services tax) included. GST is an extra 10% on our stated prices and will be added before you finalise your Getting to the point® Writing Skills Test purchase.

3.2 We will issue a tax invoice as your receipt. You can view or print your receipt from your account on our website.

3.3 You must pay for the Getting to the point® Writing Skills Test in full when you place your order. If you pay by credit card and the bank or credit card issuer does not receive or declines your payment, your order may be cancelled. If we issue you an invoice for payment that you do not pay by the due date, any ensuing payment you make may attract a subsequent fee. If so, we will advise you of this.

3.4 Our service administration fee is $120 plus GST per service if we agree to handle a request extra to the standard inclusions.

4. Intellectual Property Rights

4.1 We own all of the Intellectual Property Rights in the Getting to the point® Writing Skills Test unless otherwise shown. This includes:

  • assessment scenarios, questions and response options
  • welcome, explanatory, instructional and help text
  • result notifications and reports
  • designs, images and branding
  • the Trademarks
  • inventions including databases, compilations and codes
  • online information, data and resources, including our software, instructions, test
  • response data, internet-based services, support services and related print or electronic materials.

4.2 We also own and control all rights, including copyright, in the Getting to the point® Writing Skills Test content and compilations unless otherwise shown. This includes:

  • text
  • logos
  • graphics and button icons
  • video images and audio clips 
  • the related software.

5. Using the Getting to the point® Writing Skills Test

5.1 We grant you a non-exclusive, non-transferrable licence to access and use the Getting to the point® Writing Skills Test and related content in line with this agreement.

5.2 The licence is for one-time access by the test candidate, who may be you, or each nominated test candidate you assign the Getting to the point® Writing Skills Test to, if you are an organisation.

5.3 You agree that you or your nominated test candidate:

  • will only use the Getting to the point® Writing Skills Test to complete it 
  • will not copy, record, stream, distribute, repurpose or assign it in any form to another person or entity, or only as this agreement allows for you buying it for a test candidate.

5.4 We will provide access to the test results report to the email addresses nominated when assigning the test. The results report may be shared with the test candidate, the test candidate’s employer, potential employer or a recruiter if purchased as a recruitment test.

5.5 You must not share the test score and results advice with any other third party without our written permission.

5.6 You must not use the Getting to the point® Writing Skills Test in other ways, including:

  • printing, changing, repurposing or adapting it 
  • using it to develop any work or product with the same primary function, such as another test for writing skills
  • quoting from it
  • referring to it without attributing our ownership to us unless it is impracticable to do so
  • communicating or publishing it to a third party, including the public, your employer or a related body
  • recording, taking screenshots of it, photographing or streaming it in any domain
  • posting it on a website or on social media
  • displaying it on a screen for training or instruction
  • adding it to a database
  • manufacturing or selling it, or hiring it out
  • otherwise exploiting it or performing an act that would infringe our intellectual property rights.

6. Feedback you supply

6.1 If you give us written or verbal feedback about the Getting to the point® Writing Skills Test, you agree that you do so voluntarily. You also assign all of your rights in the copyright in that feedback to us.

6.2 You consent to us using that feedback as we see fit, such as reproducing, adapting, repurposing, distributing or licensing it, with or without the use of your name. We will not be liable to you or any related party if we do so.

7. Limitation of liability

7.1 All terms, guarantees, warranties or conditions implied or imposed by law or otherwise relating to the Getting to the point® Writing Skills Test are excluded, unless they:

  • are expressly set out in this agreement 
  • cannot be lawfully excluded.

7.2 Where our liability can be limited, it will be limited to either:

  • replacing or resupplying the goods, or 
  • the cost of replacing, repairing or resupplying the goods, or 
  • resupplying the services or the cost of doing so.

7.3 To the extent allowed by law, our liability to you under this agreement is capped at the total Price you pay to access to the Getting to the point® Writing Skills Test. This includes liability under statute, in contract or in tort, including for negligence or otherwise.

7.4 To the extent allowed by law, we will not be liable for any special, indirect or consequential loss or damage (including personal injury), loss of profit, opportunity, or data to do with any of our goods or services you provide to a third party. This includes liability at common law, under contract, tort (including negligence), and in equity in line with a statute or otherwise, unless we directly breach this agreement.

7.5 You agree to indemnify us, including our directors, employees, agents and independent contractors against any claim, damage, cost, liability and expense (including reasonable legal fees) to do with any claims, including negligence, third parties make from you accessing and using the Getting to the point® Writing Skills Test.

8. General terms

8.1 The laws of Australia govern this agreement and the parties accept the non-exclusive jurisdiction of the NSW courts.

8.2 If:

  • any provision is waived, it must be in writing and signed by the parties
  • any part is illegal or unenforceable, it will be removed without affecting the remaining parts
  • a party does not enforce any rights or delays in enforcing them, this will not be deemed a continuing waiver or an agreement modification.

8.3 You cannot assign or otherwise transfer any rights under this agreement without our written consent.

8.4 You must read this agreement along with the other agreements and policies on our website. If there is any inconsistency about your purchase and use of the Getting to the point® Writing Skills Test, the terms of this agreement will apply.

9. Definitions and notices

9.1 The agreement uses the following definitions, unless otherwise stated.

Intellectual Property Rights means all intellectual and commercial property rights throughout the world including:

  • copyright
  • the Trademarks and any other trademarks whether registered or unregistered,
  • designs and patents
  • the right to keep confidential information confidential
  • know-how and trade secrets, whether or not now existing
  • registered or registrable related applications, including the right to apply to register such rights and all renewals and extensions.

Trademarks means all of our registered and unregistered trademarks including ‘Plain English Foundation’ and ‘Getting to the Point’.

9.2 The following meanings apply unless the context requires otherwise:

  • all amounts are in Australian dollars unless shown otherwise
  • singular and plural forms of words can stand for the other
  • ‘person’ includes a body corporate, an unincorporated body or other entity
  • ‘including’ is not limited to the examples used
  • headings are a guide and do not affect the meaning of the related content.

9.3 A notice to do with this agreement must be in writing and sent to the address in section 1 and is deemed received:

  • by email, when it is registered as received by the recipient’s email system
  • by hand, on receipt
  • by post, 5 business days from (and including) the post date.

A notice delivered outside a business day (9 am to 5 pm, receiver’s time) is deemed delivered at 9 am on the next business day.