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Terms and Conditions

Welcome to HIGHER EDUCATION ADMISSION TEST SERVICES (HEATS).
Please read these terms and conditions and contact us if you have any questions.

Preamble

Access to our website and content, referred to here as ‘site’, is strictly subject to the terms and conditions outlined in the agreement below. In this agreement, “we” and “us” refer to “HIGHER EDUCATION ADMISSION TEST SERVICES” known as “HEATS” and “test” refers to the specific “HIGHER EDUCATION ADMISSION TEST” known as “HEAT” ‘the Site/website’ refers to the website or content associated with HEATS and “you” or “student” refers to the applicant “RTO” refers to registered training organisation.

1. GENERAL

The products and SERVICES displayed on this website is limited to persons and or organisations who are eligible to enter into contracts under applicable laws. If you the user or institution do not meet these requirements, you cannot purchase goods or SERVICES on our website. All materials appearing on this site, including site design, text, graphics, icons, interfaces, and the selection, assembly and arrangements are owned or licensed by HIGHER EDUCATION ADMISSION TEST SERVICES. HIGHER EDUCATION ADMISSION TEST SERVICES reserves the right to reject your application to become a registered user. HIGHER EDUCATION ADMISSION TEST SERVICES also reserves the right to suspend user privileges and block access of any registered user who violates this User Agreement. Use of this website implies your consent to this Agreement. If you do not agree with any provisions in this Agreement, you must discontinue use of this site immediately. This website may have links to other third-party websites which we have no control over and as such we are not responsible for their content. HIGHER EDUCATION ADMISSION TEST SERVICES tests are for use by bona fide students that are currently enrolled in an training institute or have finalised their studies only, i.e. those preparing for and sitting HIGHER EDUCATION ADMISSION TEST’s and intending to pursue further education via higher education and other courses requiring HIGHER EDUCATION ADMISSION TEST’s and to be used by training institutions for grading purposes.

2. FEES AND CURRENCY

Fees must be paid in full prior to the commencement of the HEAT. Prices are subject to change without notice. All prices on the website are in Australian Dollars (AUD) and all purchases will be made in Australian Dollars, unless explicitly stated otherwise. Any fees incurred for foreign exchange will be charged to your account. Fees will incur GST and this will be added to your cart for payment on top of the fee charged by HEATS. Students must be registered and purchased a HEAT 8 weeks before the test. A surcharge will be charged for students that purchase a HEAT between 8 weeks and 4 weeks prior to the test. No students will be able to purchase a heat with less than 4 weeks of the HEAT date.

RTO’s and Tafes sending in student details will need to do so a minimum of 12 weeks before the test date for students to meet the above time periods. Any late submissions by the RTO/Tafe will incur extra costs.

3. Delivery Policy

RTO/Tafe instructions:
It is the responsibility of each institution to supply HEATS with the number of students that will utilise the HEAT scores to grade students for competent students. An invoice for the number of students will be issues once full payment of is made a unique code will be emailed out to the RTO/Tafe representative of the associated HEAT. These Codes are limited in number to the number of students that are able to register with the system. Each RTO/Tafe is then responsible for distributing the codes for students to use during their registration process on the website. Each student will register in the same manner as described below but will be able to use the unique code to gain access without the need to pay as this will have been already done. Students wishing to purchase a practice test will need to pay for this individually.

Student instructions:
To gain access to the system, students will have to register and create an account. This gains access to the ability to obtain a HEAT test and or practice HEAT test. Students may need to verify their ID complete a set of questions used to identify students before the test starts. Heats uses a 4 step verification process to enable us to ensure that the student sitting the test is the student and not an impersonator.

HIGHER EDUCATION ADMISSION TEST SERVICES goods and material will be made available online to Students via our Learning Management System (LMS) within the site. Students will be responsible for accessing the HIGHER EDUCATION ADMISSION TEST and HEATS will be in no way held responsible if a student does not access the test on the designated date and time. HIGHER EDUCATION ADMISSION TEST SERVICES follow a time-based testing regime and tests must be utilised within the time allotted. Any other component must be used by you between the date of purchase and the date of the event – ‘HEAT”. Requests to delay use of individual components of a package to a later date will not be considered. All tests are run concurrently nationally for each course.

NOTE You must have a working computer with internet capability. There must be a working webcam and the must have access to this as a verification service will be used to identify students. During the test students must comply with the requests of the proctoring SERVICE which may include showing the physical environment around you; showing specific items like electronic devises and enabling the microphone and webcam so invigilators can hear and see if there is any unauthorised communication. Any breaches of the exam conditions will be investigated and if found to be legitimate the students test will be disqualified from the test. Video evidence of the offence can be provided upon request. Video of both the students screen and image from the webcam will be monitored at all times to ensure no browsers are used to look up answers during the test

RTO’s may choose to invigilate the test or not, as the test will be proctored with in the system. If the test is invigilated the computer requirements must meet the above specification.

While HIGHER EDUCATION ADMISSION TEST SERVICES will ensure that servers and back-up servers have more than sufficient capacity to handle demand on the Learning Management System, due to factors beyond our control, the Learning Management System may occasionally not be accessible. HIGHER EDUCATION ADMISSION TEST SERVICES cannot be held responsible for any access issues experienced, particularly during the few days before the HIGHER EDUCATION ADMISSION TEST. Further, HIGHER EDUCATION ADMISSION TEST SERVICES will investigate any such failures from the servers and if proven to have occurred will issue a credit for the next HEAT. HIGHER EDUCATION ADMISSION TEST SERVICES will notify you of any changes or cancellations and available alternatives.

4. Use of this website

You will not use the Site (including the Learning Management System or other third party applications):

  1. for the posting, uploading, emailing or other transmission of any material, the publication, dissemination, use or possession of which infringes the rights of any person or which is unlawful in any other respect;
  2. in any way which is abusive, defamatory or obscene or which will harass, distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Site by any person;
  3. for the posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial exploitation;
  4. for the posting, uploading, emailing or other transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment;
  5. to create a commercial database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Site;
  6. to transmit or re-circulate or on-sell any material obtained from the Site to any third party;
  7. in such a way so as to remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these terms; or
  8. in any way that might bring HIGHER EDUCATION ADMISSION TEST SERVICES into disrepute.

5. Copyright

All content included on the Site is the sole property of HIGHER EDUCATION ADMISSION TEST SERVICES and is protected by Australian copyright, trademark and other intellectual property laws. All material is for personal use only.

Under no circumstances is the material on this Website, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, can any use of content other than in accordance with this Agreement, including the reproduction, modification, re-distribution, transmission, on-selling, auctioning, republication, sharing, display, for private coaching/SERVICES or performance either before, during or after your registration and test is strictly prohibited.

Any infringement of these rules will result in disciplinary and legal action including but not limited to any or all of the following:

  • Immediate termination of HEAT and potential block to future HEAT’s
  • Forfeiture of payment made and entitlement to refunds
  • Criminal prosecution. Infringement of copyrighted works constitutes a breach of the Copyright Act and will result in legal action. Penalties may include imprisonment and fines.

6. Licensing

Unless otherwise explicitly stated, the purchases of a HIGHER EDUCATION ADMISSION TEST or other product are for a single license for the exclusive use of the purchaser only. HEATS cannot be shared, re-sold, auctioned or transferred to another person in any manner. Any activity that does not comply by these terms will be deemed a breach of copyright.

7. Refund/Return Policy

Returns, refunds or exchanges will not be provided unless there are exceptional circumstances and the decision whether to provide a return, refund or exchange is solely at HEATS discretion. In any situation (whether they relate to goods or SERVICES), a request in writing will need to be provided to HIGHER EDUCATION ADMISSION TEST SERVICES (HEATS) stating your name and contact details, the full history of the transaction in question, a detailed list of reasons why you are requesting a refund/exchange, ANY contact person that has dealt with from HIGHER EDUCATION ADMISSION TEST, copies of all relevant documents related to the situation and any other documents and information that we deem to be relevant. Requests for refunds will only be accepted if a request is made in writing by email or using the Contact Us Form on the website within two weeks of the date of purchase. All requests for refunds will incur an administration and of 20%. Credit may be given, at our discretion, to other HEAT’S or products after cancellations.

a) GOODS
‘Exceptional circumstances’ include if the goods are seriously defective. Evidence will need to be provided as to the nature of the defect. The appropriate remedy may be provided depending on the nature of the defect.

b) SERVICES
If, after enrolling a STUDENT in a HEAT, if you decide to cancel that booking, you will have to do so at least twelve (12) weeks before the HEAT date to be eligible for a refund minus the Administration fee. Cancellations made with less than eight (8) weeks till the HEAT will receive a refund of 50% minus the administration fee, Cancelations with less than 6 weeks to the HEAT date will not be eligible for refund.

8. Termination

You may terminate your registration on our website at any time by providing email notice to HIGHER EDUCATION ADMISSION TEST T SERVICES with all details. HIGHER EDUCATION ADMISSION TEST SERVICES reserve the right to terminate your registration ability at any time and after termination, all applicable provisions of this agreement will survive. If you would like to be removed from our mailing list, you may do so at any time by informing SERVICES to unsubscribe in any of our mails.

9. Indemnity

You agree to defend, indemnify and hold harmless HIGHER EDUCATION ADMISSION TEST SERVICES and any of its directors, officers, agents and employees from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of or related to (i) any breach by you of any term or condition of this Agreement or (ii) your engagement in any transactions on or use of our web site including, without limitation, any disputes between you and another user or any other party and any other claims arising out of or in any way connected with any transactions conducted via our web site. If any such action shall be brought against any indemnified party, they shall notify you in writing and you shall assume and control the defence and settlement of each such action, including the employment of counsel and payment of all expenses. Any indemnified party shall have the right to employ separate counsel in any such action and participate in the defence, at their own cost unless otherwise agreed to by you.

10. Limitation of Liability

HIGHER EDUCATION ADMISSION TEST SERVICES shall not be liable to you or any third party for any direct, special, indirect, consequential or incidental damages (or any loss of revenue, profits or data) incurred arising out of the use or the inability to use this website, or out of any breach of a representation of warranty, regardless of the type of claim or the nature of the cause of action, even if we have been advised of the possibility of such damage or loss.

Our liability for damages, for any cause or based on any matters arising from this agreement, shall be limited to the total amount paid in during the preceding twelve months of SERVICES by you to HIGHER EDUCATION ADMISSION TEST SERVICES under this agreement. This may, at our option, take the form of re-provision, repair or payment of the cost of providing the goods and/or SERVICES in question.

11. Disclaimer

Access to the HIGHER EDUCATION ADMISSION TEST SERVICES website and its content, products and services are provided “as is.” The contents of the HIGHER EDUCATION ADMISSION TEST SERVICES website are distributed to you without any warranty of any kind. HIGHER EDUCATION ADMISSION TEST SERVICES, its directors and employees, disclaim any and all warranties, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose concerning or relating to the information provided on the HIGHER EDUCATION ADMISSION TEST SERVICES website. Use of the site and its contents are at your risk. We shall not be held liable for any damages you may incur from your use of this site. Although HIGHER EDUCATION ADMISSION TEST SERVICES make every reasonable effort to do so it makes no representations that the information presented is accurate, complete or timely. Accordingly, we will not be liable to you or any other person or organisation seeking relief through you for any decision made or actions taken in reliance on any information presented by HIGHER EDUCATION ADMISSION TEST SERVICES that results in any indirect, special, punitive, consequential, incidental loss or damage of any nature arising from any cause whatsoever (including, but not limited to, trading losses, loss of anticipated revenue, personal injury, or other indirect loss or damage), even if HIGHER EDUCATION ADMISSION TEST SERVICES has been advised of the possibility of such damages.

HIGHER EDUCATION ADMISSION TEST SERVICES shall not be responsible for any errors or omissions contained in the website or any other forums, whether printed or oral, and reserves the right to make changes to its website content and courses without notice.

HIGHER EDUCATION ADMISSION TEST SERVICES have no association or affiliation with any university or any other training organisation. Registration with HIGHER EDUCATION ADMISSION TEST SERVICES does not represent or include an application to sit the HIGHER EDUCATION ADMISSION TEST. Registration to sit HIGHER EDUCATION ADMISSION TEST is your own responsibility.

12. Grievance, complaints and appeals

We welcome your feedback and endeavor to deal with complaints efficiently, effectively and confidentially. If you have a complaint, we encourage you to first raise the matter with the relevant staff member. If not resolved, you may submit complaints or comments via an email titled ‘Compliant’ via the contact us form on the vocationaltest.com.au site. If the Managing Director is unable to resolve the grievance, it will be referred to an appropriate external party with expertise in the area concerned. You will be given an opportunity to formally present your case in writing to the independent mediator. You will be provided with a written statement of the outcome of the appeal, including reasons for the decision.