Operator: EduX Pty Ltd, ABN 13 697 958 777, Melbourne, Australia (“EduX”, “we”, “us”, “our”)
1. Acceptance of these Terms
These Terms govern access to and use of the EduX website, portals, assessments, surveys, reviews, learning services, reports, compliance tools, professional-development services and related features.
By creating an account, accepting these Terms electronically, using an organisation portal or using an EduX service, the User and, where applicable, the subscribing Provider agree to be bound by these Terms.
2. Definitions
| Term | Meaning |
|---|---|
| EduX | The services operated by EduX Pty Ltd ABN 13 697 958 777. |
| Provider | An organisation that subscribes to or administers an EduX service. |
| User | Any person accessing or using EduX, including an administrator, staff member, student, learner, candidate, respondent, assessor or reviewer. |
| Provider Data | Information, responses, evidence, records and personal information submitted by or on behalf of a Provider. |
| Seat | A paid entitlement allowing one nominated assessment, review, survey or other defined transaction, as described at purchase. |
3. Eligibility and authority
A person creating or administering an organisation account warrants that they have authority to act for the Provider and to accept these Terms and the Provider Data Processing and Privacy Agreement on its behalf.
Users must provide accurate account information and must not impersonate another person or organisation.
4. Accounts and security
Accounts and access credentials must not be shared except through authorised multi-user functions.
Providers must promptly remove or update access when staff leave or change roles.
Users must keep passwords and verification codes secure.
EduX may require multifactor authentication and may suspend access where security or misuse is suspected.
Providers are responsible for activity performed through their authorised accounts, except to the extent caused by EduX's breach.
5. Services and product use
EduX provides assessment, review, survey, evidence, reporting, learning and related decision-support services. Product descriptions, inclusions, seat rules, pricing and limits displayed at purchase form part of these Terms.
EduX services support provider decision-making and recordkeeping. They do not replace a Provider's legal, regulatory, professional, admission, training, assessment or student-support responsibilities.
6. Seats, fees and payments
Seats and subscriptions must be paid for in accordance with the price displayed or agreed.
One seat represents one defined student assessment, review, survey or other transaction unless stated otherwise.
Purchased seats are allocated to the purchasing organisation and are not transferable to another organisation without EduX approval.
Unused seats remain available subject to the account, product and retention rules applicable at purchase.
Fees are exclusive of GST unless stated otherwise.
EduX may suspend paid features for overdue accounts after reasonable notice.
7. Payments, refunds and account credit
All purchases and subscription payments (including seat purchases, packs, plans, campaigns, EduX Library purchases and EduX LMS subscriptions) are non-refundable for change of mind, non-use, or partial use. Where a purchase is cancelled, unused, or a subscription is not continued, EduX may instead apply the equivalent value as credit to your EduX account, usable against any EduX products or future purchases. Account credit is not redeemable for cash and is not transferable between organisations.
Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or other applicable law that cannot lawfully be excluded (including remedies for major failures). Where such a right applies, we will provide the remedy the law requires.
A Provider remains responsible for selecting the correct product and number of seats.
8. Provider responsibilities
The Provider is responsible for:
- determining whether and how an EduX service is appropriate for its purposes;
- complying with applicable education, training, privacy, consumer and recordkeeping requirements;
- providing accurate course, student and organisation information;
- issuing required notices and obtaining required consents;
- making final admission, support, competency, compliance and professional decisions;
- ensuring appropriately qualified staff review outcomes where required;
- maintaining its own policies, procedures, evidence and regulatory records; and
- using EduX reports as one part of an appropriate professional decision-making process.
9. Personal information and Provider Data
The Provider determines the purposes for which Provider Data is collected and entered into EduX. The Provider must collect, use and disclose personal information lawfully, give required privacy notices and obtain consent where required.
The Provider Data Processing and Privacy Agreement forms part of these Terms for every organisation account that processes student, learner, staff or other third-party personal information.
10. EEPT Speaking component
Where the EEPT Speaking component is enabled:
- the candidate records spoken responses to approved speaking tasks in the portal, subject to the candidate's explicit consent collected before recording;
- the Provider must arrange assessment of those recordings by a suitably qualified or authorised English-language assessor;
- the Provider must verify the candidate's identity;
- the assessor must listen to the recordings only through the portal's authorised playback function and must apply the approved EduX Speaking Assessment Matrix and instructions;
- scores and evidence notes must accurately reflect the candidate's demonstrated performance; and
- the final report may remain pending until the Speaking Assessment Matrix is completed and submitted. The core report is available immediately with the speaking component marked as pending.
If the candidate declines consent, or the Provider records a decision not to assess speaking, the report is issued with a note that speaking was not assessed.
11. Speaking recordings; no other audio, video or biometric upload
Speaking recordings made through the portal's consent-gated recorder are the only audio EduX accepts for the Speaking component. They are audio only, are accessible within the EduX application only to the Provider's authorised assessor, are deleted automatically when the speaking result is finalised and in any case within 30 days, and are never transcribed or analysed by automated speech-scoring tools.
The Provider and Users must not upload:
- video recordings of any kind;
- speaking audio captured outside the portal's recorder, unless EduX has expressly approved a separate written processing arrangement;
- voiceprints or voice templates;
- facial images collected for biometric recognition;
- biometric identification or verification data; or
- any similar recording or biometric template.
If a Provider independently records a candidate using its own systems, the Provider is solely responsible for lawful collection, notice, consent, security, access, retention, deletion, breach management and privacy-rights handling for that recording.
After recordings are deleted, EduX retains only the structured Speaking Assessment Matrix, assessor details, rubric scores, evidence notes, confidence, review status, declaration, consent record and resulting speaking outcome.
12. Prohibited content and conduct
Users must not:
- upload information they are not authorised to disclose;
- upload personal, sensitive or biometric information that is not reasonably necessary for the service;
- attempt to bypass access controls, security or usage limits;
- introduce malicious code or disrupt the service;
- copy, reverse engineer or commercially exploit EduX software or proprietary content except as permitted;
- misrepresent EduX reports as regulator-issued, government-issued or equivalent to recognised external tests where they are not;
- use EduX to discriminate unlawfully or make unsupported adverse decisions; or
- use the platform for unlawful, misleading, abusive or fraudulent purposes.
EduX may quarantine, restrict or delete prohibited material and may suspend access where reasonably necessary.
13. Assessment and report limitations
EduX reports reflect the information and evidence available at the time, the applicable framework and the configured rules. Reports may contain limitations, confidence indicators, review flags and recommendations for professional consideration.
EEPT is a placement and benchmarking tool. Any IELTS comparison is indicative only and is not an IELTS score or official equivalence.
LLND, pre-enrolment, survey, compliance and capability outputs are decision-support records and do not themselves constitute a regulator decision, competency determination, legal opinion or guarantee of compliance.
A pre-enrolment review link that has not been opened expires 30 days after it is issued. The seat it was issued against is returned to the Provider, and a link re-issued after that draws on the returned seat rather than a new one. A link the learner has opened does not lapse on that basis.
14. Artificial intelligence
EduX may use AI to assist with analysis, classification, feedback and narrative drafting. AI does not independently make final formal decisions. Providers remain responsible for required professional review and final decisions.
15. Intellectual property
EduX and its licensors retain all rights in the platform, software, interfaces, assessment architecture, item banks, report designs, prompts, framework mappings and other proprietary materials.
Providers retain ownership of their original Provider Data. Providers grant EduX a limited licence to host, process, reproduce and transmit Provider Data solely to provide and support the services.
16. Confidentiality
Each party must protect the other party's confidential information and use it only for the agreed service, except where disclosure is authorised or required by law.
17. Third-party services
EduX may integrate with approved third-party hosting, email, payment, learning, analytics or AI services. Use of a third-party service may also be subject to that provider's terms. EduX is not responsible for third-party systems selected or independently operated by the Provider.
18. Availability and changes
EduX aims to provide reliable access but does not guarantee uninterrupted or error-free operation. Maintenance, security incidents, supplier outages or events beyond reasonable control may affect availability.
EduX may improve, replace or discontinue features on reasonable notice where practicable. Material changes affecting paid services will be managed in accordance with the applicable agreement and law.
19. Suspension and termination
EduX may suspend or terminate access where:
- fees remain unpaid;
- these Terms are materially breached;
- security, privacy or misuse risks arise;
- the account is used unlawfully; or
- continued operation would expose EduX or others to material risk.
On termination, the Provider may request an available export within the applicable retention period. Data may then be deleted or de-identified in accordance with the Privacy Policy, DPA and legal requirements.
20. Warranties and consumer rights
Nothing in these Terms excludes rights or remedies that cannot lawfully be excluded, including applicable rights under the Australian Consumer Law.
Subject to those rights, EduX is provided on an 'as available' basis and does not warrant that every output will be complete, error-free or suitable for every Provider purpose without professional review.
21. Liability
To the maximum extent permitted by law, EduX is not liable for indirect or consequential loss, loss of profit, loss of opportunity or regulatory outcomes arising from a Provider's failure to meet its own obligations or from reliance on an output contrary to its stated limitations.
Any liability cap, service credits or exclusions applicable to a Provider subscription should be stated in the relevant order, proposal or service agreement.
22. Provider responsibility for unlawful data handling
The Provider is responsible for claims, losses, regulatory action or costs arising from the Provider's unlawful collection, disclosure or upload of personal information, including unauthorised audio, video or biometric information, except to the extent caused by EduX's breach of its own obligations.
23. Governing law
These Terms are governed by the laws of Victoria, Australia, unless another jurisdiction is stated in the applicable service agreement. The parties submit to the courts of that jurisdiction.
24. Changes to these Terms
EduX may update these Terms. Material changes will be notified through the website, portal or account contact. Continued use after the effective date constitutes acceptance where permitted by law.
25. Contact
For general enquiries: contact@edux.com.au
For legal/privacy notices: support@edux.com.au
EduX Pty Ltd
Address: GPO Box 280, Melbourne 3001, Australia