Terms of Service

This website, SittheTest.com (The Website) and domain name are owned and operated by Avalanche Online Pty Ltd atf Avalanche Technology Group Unit Trust (ABN: 96126267089). In these terms and conditions, “we”, “us” and “our” refers to Avalanche Online Pty Ltd.

By using The Website and in consideration of us providing you with access to The Website, you agree to the following terms and conditions, which, together with the Privacy Policy govern your access to and use of this website, including provision of our service(s).

Free Services

  1. The Website provides a free service that allows you to take online tests and view your results, as follows:
    1. you select the test you wish to take;
    2. you enter the email address you wish to use to take a test;
    3. you are presented with a series of questions and given the opportunity to answer each one;
    4. you submit your completed answers; and
    5. you are presented with the results of your test, which may include a score, the awarding of a certificate, and lists of right and wrong answers.
  2. Your test results will not be displayed publicly unless you specifically request it, as follows:
    1. you create a “Sit the Test” user account to view your past test results;
    2. you create a “Sit the Test” public profile page; and
    3. you select tests that you wish to display the results of on your public profile.

Paid Services

  1. The Website provides a paid Test Builder service that allows you to create online tests and make them available for others to take, as follows:
    1. you log in using an account authorized to use the service;
    2. you create a new test, providing metadata such as the title, description and instructions;
    3. using the Test Builder interface, you compose a number of questions to make up the test, optionally dividing these into a number of pages;
    4. you may optionally customise the properties of the test to control how the test is presented and what kind of results are shown to the test taker;
    5. you publish the test, making it available for people to take, selecting whether the test is publicly visible, hidden, or invite-only;
    6. once a test is published, you may use the Test Builder to update the contents and properties of the test and publish those changes; and
    7. you may view the scores and individual responses to the questions in your tests.
  2. The Website provides a White Labelling service that allows you to use a Web Application Programming Interface (API) to create user sessions in which tests created by you using the Test Builder service are presented with a customised user interface theme, as follows:
    1. we work with you to develop a custom user interface theme that meets your requirements, within certain limitations we may impose at our absolute discretion;
    2. we assign you a unique API key, which must be included in all API requests;
    3. you send an HTTP request to our API endpoint to create a user session for a specific test;
    4. you direct the end user to the unique URL we provide to you for that user session, in which the test is presented with your customised user interface theme;
    5. at the end of the test, the end user may be presented with their test results, and is presented with a link to return to a URL that you specify; and
    6. at your option, we send an HTTP request containing the user’s test results, being the number of questions answered, and how many of those answers were correct and incorrect, to a URL you specify.
  3. Pricing and subscription terms for these services are specified in a separate agreement, which will include these terms by reference. Please contact us for pricing appropriate to your specific needs.
  4. If you purchase a subscription to any of our Paid Services, you are responsible for paying all subscription fees and applicable taxes. We reserve the right to change these fees at any time at our sole discretion. You will be provided 30 days notice of any change of pricing.
  5. When your subscription to any of our Paid Services expires, is cancelled, or is otherwise terminated, end users will no longer be able to take tests that you have created using our Paid Services, unless The Website chooses at its discretion to maintain the publication of any such test.

Your Conduct

  1. By accessing The Website and any associated service you warrant:
    1. you are over 18 years of age; and
    2. any email address you enter is your own or that of a party who has authorised you to enter the email address.
  2. You must not:
    1. use The Website in breach of any applicable laws or regulations;
    2. use The Website to harm, abuse, harass, stalk, threaten or otherwise offend others;
    3. interfere with, disrupt, or create an undue burden on The Website;
    4. upload, post, transmit or otherwise make available any material that:
      1. is not your original work, or which may infringe the intellectual property or other rights of another person;
      2. is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
      3. includes an image or personal information of another person unless you have their consent;
      4. you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
      5. contains large amounts of untargeted, unwanted or repetitive content; or
      6. contains financial, legal, medical or other professional advice.
    5. If you believe that a user has breached any of the above conditions, please contact us.

  3. We reserve the right to refuse service, block or suspend any user of The Website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on The Website by any user, without notice.
  4. By uploading, transmitting, posting or otherwise making available any material via The Website, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1968.
  5. We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the website by any person other than us. We do not endorse any opinion, advice or statement made by any person other than us.
  6. You agree to indemnify us and each of our officers, employees, agents, contractors, suppliers and licensors (collectively "Affiliates") in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these terms and conditions, or any other default or wrongful conduct in relation to the subject matter of these terms and conditions, on the part of you or any of your Affiliates.

Intellectual Property

  1. Sit the Test™ and the Sit the Test™ Logos are our trade marks (Trade Marks). All functional content and other material on this website, including the text, information, graphics, images, logos, design, layout, downloads, pricing, products and services (Content) is owned by or licensed to us. You must not copy, reproduce, transmit, adapt, distribute, sell, modify, publish or store Content or Trade Marks for any purpose, other than with our prior written consent, or as permitted by law. We reserve all our rights.
  2. Trade marks used on this website to describe third parties and their products or services are trade marks of those third parties.

Linking and Third Party Content

  1. You must not frame, reformat, replicate or mirror any part of the website, or use any data mining robots or other extraction tools in relation to the website, without our prior written authorisation.
  2. You may link to our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents, including any intellectual property notices. At our request, you must immediately remove any link to our website.
  3. The website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct, including privacy compliance. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.

Disclaimer

  1. By accessing our website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus, worm, Trojan horse and/or malware transmitted by this website or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with this website are hereby excluded. By accessing our website, you agree to indemnify and hold us harmless for any loss, damage, costs or expenses (including legal fees) whatsoever suffered by any person or entity arising out of or in any way connected with your access to this website.
  2. We do not claim:
    1. results of a test taken in accordance with clause 1 can be relied upon as a comprehensive evaluation of your skill. We make every effort to create tests whose results provide a meaningful indicator of the user’s skill in the relevant area but make no claim that we test all relevant skills in that topic area, nor that the results of the test are definitive or that they have been independently verified;
    2. test results and certificates displayed on the public profile pages of our users are a true and accurate reflection of those users’ skills. We make reasonable efforts to prevent cheating, plagiarism, and falsification of test responses; however, we do not guarantee that these have been effective for any particular test result displayed the website.
  3. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information that you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to store such information in a secure manner.
  4. Our Privacy Policy is incorporated by reference into these terms and conditions. By using the website, you agree to the Privacy Policy.
  5. We may contact you via email with an offer relevant to the test that you took.
  6. We give 3rd parties the ability to create tests and as such, we may share your email address with these parties.

Jurisdiction

  1. These terms and conditions are governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia, and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms and conditions or your use of the website.
  2. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Contact

  1. If you have any queries regarding these terms and conditions, please contact us.