Platform Terms and Conditions

(a) These Platform Terms and Conditions (Terms) apply when you access or use levelupexams.com.au and the LevelUp Exams online platform, including its free and paid features (together, the Platform).

(b) The Platform is owned and operated by LevelUp Exams Pty Ltd ACN 698 393 823, (LevelUp Exams, we, us or our).

(c) If you create an account or purchase access, the contract under these Terms is between LevelUp Exams and the adult account holder (Account Holder). If you only browse the public pages of the Platform, references to you mean the person using those pages.

(d) By accessing the Platform, creating an account, selecting the required registration checkboxes or purchasing access, you confirm that you have read and agree to these Terms. If you do not agree, you must not use the Platform.

(e) An Account Holder who creates an account for a child must be at least 18 years old and must be the child's parent, legal guardian or another person legally responsible for the child's care. The Account Holder enters into these Terms personally, authorises the child identified on the account (Student User) to use the Platform and must take reasonable steps to ensure that the Student User follows these Terms. The Student User is not required to enter into a separate contract with us.

(f) These Terms contain the pricing, payment and refund provisions that apply to the Platform. Our Privacy Policy separately explains how we collect, hold, use and disclose personal information and does not form part of these Terms. Nothing in these Terms excludes or limits any right or obligation under applicable privacy laws.

(g) We may change these Terms at any time by updating this page on the website, and your continued use of the Platform following such an update will represent an agreement by you to be bound by the Terms as amended.

(a) LevelUp Exams is a self-service online educational tool for students in Years 3, 5, 7 and 9. It provides practice material in Numeracy, Language Conventions, Reading Comprehension and Writing, together with automated results and feedback. The Platform does not provide tutoring, coaching, teaching services or individual educational advice.

(b) The Writing module uses an artificial intelligence service to assess written responses and generate automated scores and feedback. Further information is set out in clause 9 and our Privacy Policy.

(c) LevelUp Exams is independent of the Australian Curriculum, Assessment and Reporting Authority (ACARA), the official NAPLAN program and all State and Territory education authorities. It is not affiliated with, authorised, approved, endorsed or sponsored by any of them. References to NAPLAN are descriptive only. LevelUp Exams materials are independently developed practice materials, some with AI assistance and human review, and are not official NAPLAN tests or ACARA materials.

(d) The Platform is intended to support practice and preparation. We do not promise that using the Platform will improve a student's academic performance, test results or official assessment outcomes. LevelUp Exams scores and feedback are indicative only and are not predictive of performance in an official assessment.

3.1 Account Holders and Student Users

(a) Only a person aged 18 years or over may create an account. The Account Holder must complete the parental confirmation and policy acknowledgement presented during registration.

(b) The Student User for whom the account was created may use the account to complete practice exams. This authorised use does not constitute prohibited account sharing. The Account Holder remains responsible for the account, for supervising the Student User as appropriate and for communications with us.

(c) The registration acknowledgement informs the Account Holder that written responses submitted through the Writing module are processed by Anthropic in the United States. It does not transfer responsibility for that processing to the Account Holder or exclude any responsibility we have under applicable law. Our Privacy Policy separately explains how we handle personal information. To the extent permitted by law, any liability arising in connection with that processing is subject to clause 15.

3.2 Account Responsibilities

(a) Provide accurate and current information when registering and update it where necessary.

(b) Keep account credentials confidential and do not share them with anyone other than the authorised Student User.

(c) Notify us promptly if you become aware of unauthorised access or another security concern.

(d) Do not transfer, sell or permit another household or student to use the account.

(e) Do not create duplicate accounts for the same Student User to obtain additional free access or circumvent limits. A separate account must be created, and separate paid access purchased, for each additional child. An account may only be used by the Student User identified on that account.

If we reasonably believe account information is inaccurate or an account is being misused, we will ordinarily contact the Account Holder and provide a reasonable opportunity to respond or correct the issue before taking action, unless immediate action is reasonably necessary for security, legal compliance or protection of the Platform or another person.

4.1 Free Access

(a) A registered account receives one free exam in total, not one free exam per subject, year level or sign-in method. The entitlement is generally used once the exam is commenced. If the exam cannot be completed because of a verified Platform fault, please contact us so that we can restore access or provide another reasonable remedy.

(b) The report for a completed free exam may remain available in the account, subject to the Privacy Policy. If Writing is selected, the AI-powered assessment described in clause 9 is available and the written response will be processed as described in that clause.

(c) No payment is required for free access and no charge is made. Free access may be changed, limited or withdrawn prospectively. A change to free access will not affect paid access already purchased or retrospectively remove an accrued entitlement.

(d) The Platform may provide a play allowance for arcade games. Any allowance has no monetary value, cannot be exchanged for cash or transferred and may be changed or withdrawn. We will not use a change to a free play allowance to remove any paid feature during a current paid access period.

4.2 Paid Access

(a) Paid access is purchased by a one-off payment and provides access to the paid features described at checkout for six months from the purchase date. It is a fixed-term access licence and not a recurring subscription.

(b) Paid access does not renew automatically. It expires at the end of the six-month period and no further payment is taken unless the Account Holder chooses to make a new purchase.

(c) The Account Holder and authorised Student User may use the same account on their personal devices, such as a home computer and school laptop. Access remains personal, non-exclusive, non-transferable and for non-commercial educational use only.

(d) We may improve, update or replace Platform features. During a paid access period, we will not materially reduce the core paid features without a reasonable operational, security, provider or legal reason. Where a change materially diminishes paid access and we cannot offer a reasonable alternative, we will provide any remedy required by the Australian Consumer Law and may offer a pro-rata refund for the unused period.

5.1 Pricing

(a) LevelUp Exams offers a single paid option: a one-off payment for six months of access to the paid features described at checkout. The total price payable, inclusive of any applicable taxes, is displayed before purchase and stated in Australian dollars.

(b) We may change our prices from time to time. A price change applies only to future purchases and does not alter a paid access period already purchased. A later price reduction does not itself entitle an Account Holder to a retrospective refund or credit.

5.2 Payment

(a) Payments are processed by Stripe. We do not receive, view or store complete payment card or bank account details. We may receive limited transaction information, such as payment status, payment method type and masked payment details. Stripe handles payment information in accordance with its own security standards and privacy policy.

(b) By completing a purchase, the Account Holder confirms that they are authorised to use the selected payment method and that the payment information supplied is accurate.

5.3 Seven-Day Money Back Guarantee

(a) In addition to rights under the Australian Consumer Law, we offer a voluntary money-back guarantee. An Account Holder may request a refund for any reason no later than seven calendar days after the date of purchase by emailing contact@levelupexams.com.au.

(b) Once we receive a request that meets these requirements, we will process the refund to the original payment method, typically within five business days. The time taken for the refunded amount to appear in the Account Holder's account depends on the bank or card issuer and is outside our control. Paid access will end when the refund is processed.

(c) After the seven-day period, no refund is available merely because the Account Holder changes their mind. This does not limit any right or remedy available under the Australian Consumer Law.

5.4 Duplicate or Erroneous Charges

If an Account Holder is charged more than once for the same purchase because of a technical or processing error, they should contact us at contact@levelupexams.com.au with details of the transaction. Once the error is verified, we will refund the duplicate amount to the original payment method, typically within five business days.

5.5 Other Refunds and Remedies

Refunds arising from a Platform failure, a material change to paid access, suspension or termination are dealt with under the relevant provisions of these Terms and the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

(a) You must use the Platform only for genuine personal, non-commercial educational practice and in accordance with applicable laws. The Account Holder must take reasonable steps to ensure that the Student User does the same.

(b) You must not:

• (i) allow anyone other than the Account Holder and authorised Student User to use the account or credentials;
• (ii) create duplicate accounts or use different email addresses or sign-in methods to obtain additional free access or avoid limits;
• (iii) copy, photograph, screenshot, record, reproduce, adapt, translate, distribute, publish, communicate, upload, sell, license or share Platform content, except for the Student User's limited personal use permitted by these Terms or as permitted by law;
• (iv) use the Platform or its content for tutoring, coaching, resale, a question bank, a competing product or another commercial purpose;
• (v) use Platform content to train, fine-tune, test, benchmark or otherwise develop an artificial intelligence or machine-learning system;
• (vi) use bots, scrapers, crawlers, headless browsers, automated scripts or similar tools to access, index, extract, cache or reproduce the Platform or its content;
• (vii) reverse-engineer, decompile, decipher or attempt to extract source code, algorithms, prompts, security controls or data models, except to the limited extent that applicable law expressly permits and does not allow that right to be excluded;
• (viii) bypass access controls, probe or test security, gain unauthorised access, introduce malicious code, overload the Platform or participate in a denial-of-service attack;
• (ix) use the Platform unlawfully, fraudulently, abusively or in a way that infringes another person's rights; or
• (x) repeatedly submit empty, nonsensical, abusive or automated content to the Writing module or otherwise use it inconsistently with genuine educational practice.

(c) Our response will be proportionate to the seriousness of the conduct. We will ordinarily give notice and a reasonable opportunity to remedy a minor or inadvertent breach. We may act immediately in response to unlawful conduct, systematic scraping, commercial exploitation, a material security threat or another serious breach.

(a) As between you and us, LevelUp Exams owns or is licensed to use the intellectual property rights that subsist in the Platform and its content. This includes the software, interface, design, branding and the original questions, passages, explanations, illustrations, graphics and assessment materials created or materially developed for the Platform, including the human-authored, human-edited, selected and arranged elements of AI-assisted materials.

(b) Subject to these Terms, we grant the Account Holder and authorised Student User, for the applicable free or paid access period, a limited, personal, non-exclusive and non-transferable licence to access and use the Platform and its content through the Platform solely for the Student User's personal, non-commercial educational practice. This licence does not include a right to download, print, retain, copy or extract Platform content unless the Platform expressly enables that function or the use is permitted by law.

(c) Access to the Platform does not transfer ownership of any intellectual property. Except as permitted by these Terms, the Copyright Act 1968 (Cth) or another applicable law, you must not exercise an intellectual property right in the Platform or its content without our prior written permission.

(d) To the extent that particular material is generated wholly or partly by automated means, LevelUp Exams claims the rights that arise at law in the human-authored, human-edited, selected and arranged elements and in the relevant compilation. Independently of whether copyright subsists in every individual element, access remains subject to the contractual use restrictions in these Terms to the extent permitted by law.

(e) NAPLAN, ACARA and associated names, logos and official materials are not owned by LevelUp Exams. References to them are descriptive only, and all third-party intellectual property remains with its respective owner.

(a) Written responses, answers and other material submitted through an account are User Content. LevelUp Exams does not claim ownership of a Student User's original User Content.

(b) The Account Holder authorises us and grants us a non-exclusive, royalty-free, worldwide licence to store, reproduce, transmit, process and display User Content only as reasonably necessary to:

• (i) operate and secure the Platform;
• (ii) save the Student User's progress, answers and results;
• (iii) send a written response to the AI assessment provider and return scores and feedback;
• (iv) provide customer support and investigate technical or misuse issues; and
• (v) comply with legal obligations.

(c) This licence does not permit us to publish User Content, use it in advertising or use it to train a general-purpose artificial intelligence model. It continues only while reasonably necessary for these purposes and ends when the User Content is deleted in accordance with the Privacy Policy, subject to legal retention requirements and ordinary backup deletion cycles.

(d) The Account Holder must ensure that User Content is submitted lawfully and must not knowingly submit material that infringes another person's rights, contains malicious code or is unlawful. A Student User should not include their full name, school, address, contact details or other private or identifying information in a written response.

(a) The Writing module uses Anthropic's AI service to evaluate written responses and generate automated scores and feedback.

Purpose and limitations: The assessment is a practice tool. It is not assessment by a qualified teacher, is not definitive and is not predictive of performance in an official examination.

Availability: The feature may be available in a free Writing exam and during paid access. An Account Holder may ask us to disable the feature for the account; the remaining Platform features will not be disabled for that reason.

Overseas processing: When a written response is submitted, its text is sent to Anthropic for processing in the United States. We do not send the Student User's name, email address or account identifier through the API. However, the response text may contain personal information if the Student User includes it.

Student reminder: A reminder displayed above the writing area instructs the Student User to keep their writing about the topic and not include their real name, school, where they live or other identifying information.

Variability and accuracy: Repeated submissions may produce different results. AI may misinterpret nuance, context or creative expression, and we do not guarantee that every score or comment will be accurate.

Usage limits: Reasonable submission and cooldown limits may apply to protect service quality and prevent abuse. We may adjust those limits, but will not materially reduce normal paid use during a current paid period unless reasonably necessary for security, misuse or a third-party service limitation.

Provider interruption: If the Writing assessment is materially unavailable for a prolonged period and cannot be restored or replaced within a reasonable time, we will provide any remedy required by the Australian Consumer Law and may provide another reasonable remedy.

(b) Further information about the collection, use, disclosure, storage and overseas processing of written responses is set out in our Privacy Policy.

(a) The Platform relies on third-party services. These may include Supabase for authentication and database services, Cloudflare for hosting, content delivery and security, Stripe for payments, Anthropic for Writing assessment, Resend for email delivery, and Google Analytics for analytics. Our Privacy Policy contains further information about relevant information handling.

(b) Third-party services may be interrupted or changed for reasons outside our reasonable control. Subject to the Australian Consumer Law, we are not responsible for an interruption or act of a third party to the extent that it was outside our reasonable control and was not caused or contributed to by our failure to exercise reasonable care. We will take reasonable steps to restore affected Platform functions or implement an alternative where practicable.

(c) The Platform may link to external websites or resources. Links are provided for convenience only and do not imply endorsement. We do not control external content or privacy practices, and you should review the applicable third-party terms and policies.

(a) We use reasonable care in operating the Platform and maintaining its content. However, the Platform may occasionally contain errors, experience delays or be temporarily unavailable due to maintenance, upgrades, faults or circumstances beyond our reasonable control.

(b) Where planned maintenance is expected to cause significant downtime, we will use reasonable efforts to provide advance notice. Temporary unavailability does not automatically entitle an Account Holder to a refund, but this does not limit rights under the Australian Consumer Law where the nature or duration of the failure gives rise to a remedy.

(c) We may correct errors and update public information, features and content. A price change applies only to future purchases. We will deal with material changes affecting current paid access in accordance with clauses 4 and 5.

(d) No online service can be guaranteed to be completely secure or free from malicious code. You should use supported software, maintain appropriate device security and take reasonable precautions when accessing the Platform. This clause does not exclude responsibility arising from our failure to take reasonable security steps where responsibility cannot lawfully be excluded.

(a) Our Privacy Policy explains what personal information we collect, how it is collected and used, the service providers to whom it may be disclosed, overseas processing, security, access, correction, deletion requests and privacy complaints.

(b) The Account Holder confirms their status as the Student User's parent or legal guardian during registration and confirms that they have read the Privacy Policy. The separate notice about Anthropic explains the overseas processing that occurs if the Writing module is used.

(c) The Account Holder must not provide another person's personal information unless authorised to do so and must take reasonable steps to ensure that the Student User follows the privacy prompts shown within the Platform.

(d) You agree to be bound by our Privacy Policy, which can be found here.

(a) Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For a major failure with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to compensation for any other reasonably foreseeable loss or damage. If the failure is not major, you are entitled to have the problem rectified within a reasonable time and, if this is not done, to cancel the contract and obtain a refund for the unused portion.

(b) Nothing in these Terms excludes, restricts or modifies a consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

(c) Subject to those rights and to the maximum extent permitted by law:

• (i) the Platform is a supplementary practice tool and not a substitute for a teacher, school or professional educational advice;
• (ii) we do not promise that the Platform will always be uninterrupted, error-free or compatible with every device or network;
• (iii) we do not promise that practice material will reproduce the precise content, format, difficulty or marking criteria of any official assessment;
• (iv) we do not promise that AI-generated scores or feedback will be correct in every instance; and
• (v) we do not guarantee a particular academic, assessment or examination result.

(a) This clause is subject to clause 14 and applies only to the extent permitted by law.

(b) To the extent permitted by law, we are not liable for any indirect, special or consequential loss, or any loss of profits, revenue, opportunity or data.

(c) Subject to clauses 15(d) and 15(e), our total aggregate liability arising out of or in connection with the Platform or these Terms is limited to $100.

(d) Our total aggregate liability arising out of or in connection with a privacy, data-security or confidentiality breach, including a breach involving Anthropic or another service provider, is limited to $1,000,000.

(e) The limitations in clauses 15(c) and 15(d) do not apply to liability arising from our fraud, wilful misconduct or reckless conduct, or to any liability that cannot lawfully be excluded or limited.

(f) Our liability will be reduced to the extent that any act or omission by you contributed to the relevant loss or damage.

(g) We do not guarantee that the use of the Platform will achieve any particular academic result or that access to the Platform will always be uninterrupted or error-free. To the extent permitted by law, we are not liable for any loss of an anticipated academic result, educational opportunity or study time arising from use of, reliance on or temporary unavailability of the Platform. Nothing in this clause excludes any right or remedy that cannot lawfully be excluded.

16.1 Ending Access by You

You may stop using the Platform at any time. You may request closure of the account and deletion of associated personal information by contacting us. Stopping use or closing an account does not itself entitle an Account Holder to a refund, except under the seven-day money-back guarantee in clause 5, another express provision of these Terms or the Australian Consumer Law.

16.2 Suspension or Termination by Us

(a) We may suspend or terminate access where:

• (i) the Account Holder or Student User materially breaches these Terms;
• (ii) we reasonably believe the account is being used fraudulently, unlawfully or by unauthorised persons;
• (iii) immediate action is reasonably necessary to protect security, the Platform, another user or a third party; or
• (iv) we are required to do so by law, a court or a regulator.

(b) Except for a serious or deliberate breach, unlawful conduct or an urgent security issue, we will give written notice describing the concern and a reasonable opportunity to respond or remedy it before termination. A security suspension will last only as long as reasonably necessary to investigate and address the issue.

(c) If we terminate paid access for reasons not caused by a serious or deliberate breach, we will provide a pro-rata refund for the unused paid period unless a different remedy is required by law. If termination follows a serious or deliberate breach, any refund will be determined under these Terms and the Australian Consumer Law. To the extent permitted by law, we may deduct a reasonable amount for loss directly caused by the breach, but will not impose a penalty.

16.3 Effect of Expiry or Termination

When paid access expires or is terminated, access to paid features ends. User Content, responses, scores and feedback will be retained or deleted in accordance with the Privacy Policy. Clauses concerning intellectual property, User Content licences required for continuing storage, liability, disputes and general provisions survive to the extent necessary to give them effect.

(a) If you have a complaint about the Platform, a charge, a refund or a decision we have made, please contact us first so that we can try to resolve it. We will acknowledge the complaint and respond as soon as reasonably practicable, ordinarily within ten business days.

(b) Before commencing court proceedings, each party will attempt in good faith to resolve the dispute through direct discussion. This does not prevent either party from seeking urgent interlocutory relief, exercising a non-excludable legal right or contacting the ACCC, the Office of the Australian Information Commissioner or a State or Territory consumer protection agency at any time.

19.1 Governing Law and Jurisdiction

These Terms are governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

19.2 Waiver

No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

19.3 Severance

Any term of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these Terms is not limited or otherwise affected.

19.4 Assignment

(a) You must not assign, novate or otherwise transfer your rights or obligations under these Terms without our prior written consent.

(b) You consent to us assigning or novating our rights and obligations under these Terms to a related body corporate or a bona fide purchaser of all or a substantial part of the LevelUp Exams business or Platform, provided that the recipient assumes our obligations and the transfer does not materially prejudice your rights. We will provide reasonable notice of the transfer where practicable or required by law.

19.5 Entire Agreement

These Terms embody the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these Terms.

19.6 Interpretation

• (a) (singular and plural) words in the singular includes the plural (and vice versa);
• (b) (gender) words indicating a gender includes the corresponding words of any other gender;
• (c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
• (d) (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
• (e) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
• (f) (these Terms) a reference to a clause or paragraph is a reference to a clause or paragraph of these Terms;
• (g) (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
• (h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
• (i) (includes) the word "includes" and similar words in any form is not a word of limitation;
• (j) (adverse interpretation) no provision of these Terms will be interpreted adversely to a party because that party was responsible for the preparation of these Terms or that provision; and
• (k) (currency) a reference to $, or "dollar", is to Australian currency, unless otherwise agreed in writing.