WA Exam Papers - Terms Of Sale for Schools

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All exam papers supplied by WA Exam Papers are supplied subject to the following terms.

Definitions

1. A reference to a school includes any educational institution to which Papers are supplied by WA Exam Papers. The individual ordering the Papers warrants and represents that he or she is authorised by the school to enter into an agreement with WA Exam Papers on behalf of the school for the supply of the Papers.
2. The following words and phrases have the meanings given to them:
   1. Papers means the exam papers produced by WA Exam Papers including all questions, solutions and marking keys;
   2. Semester Papers means the Papers for semester exams and which are subject to the controls as to release and security set out below;
   3. Past Papers means the Papers for practice purposes and which are not subject to the controls as to release, storage and security set out below;
   4. Release Date means the date on which a Semester Paper may be released to students to take home as specified on the order form or on the Semester Paper.

Copyright

3. WA Exam Papers retains copyright in the Papers. The school ordering the Papers has a non-exclusive licence to copy and communicate the Papers for non-commercial, educational use within the school. Notices as to the ownership and licensing of the Papers by WA Exam Papers must not be removed from the Papers or any accompanying documentation.
4. The school must not breach the moral rights of the authors of the Papers.

School's Obligations

5. The school:
   1. must not copy or communicate the Papers for use outside the school or for any commercial use;
   2. must not permit the use of the Papers outside the school;
   3. must procure that all members of staff, students or other persons who have access to the Papers at the school do not copy or communicate the Papers for use outside the school or use the Papers outside the school;
   provided that students at the school may take home Past Papers or Semester Papers (after the applicable Release Date) for personal use at home.

No release prior to Release Date

6. The school warrants and represents that Semester Papers must not be released to students to take home until after the applicable Release Date. After sitting the exam and prior to the Release Date, students may review a Semester Paper in a classroom under strict supervision by school staff. The school must ensure that students do not copy, communicate or remove Semester Papers until after the applicable Release Date.
7. The school acknowledges that WA Exam Papers may supply the same Papers to other schools under terms comparable to these Terms of Sale.
8. The school acknowledges that other schools may use or have access to the same Papers as those suppled to the school, including prior to the supply by WA Exam Papers of those papers to the school.
9. The school indemnifies WA Exam Papers, and keeps WA Exam Papers indemnified against, any loss or damage suffered by WA Exam Papers in connection with any release or disclosure of Semester Papers prior to the applicable Release Date

Secure Storage of Semester Papers

10. The school must store Semester Papers (whether in printed or electronic format) securely from the date on which they are supplied by WA Exam Papers until the Release Date. Printed Semester Papers and electronic storage devices containing the Semester Papers must be kept under lock and key. Prior to the applicable Release Date, Semester Papers must not be stored on the school network or transmitted by email except with the prior written permission of WA Exam Papers.

No Unauthorised Copying, Communication or Use

11. The school acknowledges that it is liable for any unauthorised copying, communication or use of the Papers in breach of these terms, including any unauthorised copying, communication or use by members of staff, students or other persons who have access to the Papers at the school.
12. The school will indemnify WA Exam Papers, and keeps WA Exam Papers indemnified against, any loss or damage suffered by WA Exam Papers arising out of any unauthorised copying, communication or use by the school or members of staff or other persons who have access to the Papers at the school.

WA Exam Paper's Obligations

13. WA Exam Papers warrants that the Papers supplied by it are of acceptable quality and fit for purpose.
14. Subject to any relevant law or statute, the liability of WA Exam Papers and the school's remedy for breach of any express warranty, or any guarantee, condition, warranty or right or remedy imposed or conferred by law, is limited to, at the option of WA Exam Papers, one or more of:
    1. In the case of any goods: (i) replacement of the goods or supply of equivalent goods; (ii) repair of the goods; (iii) payment of the cost of replacing the goods, or acquiring equivalent goods; or (iv) payment of the cost of repairing the goods.
    2. In the case of any services: (i) supplying the services again; or (ii) payment of the cost of having the services supplied again.

Consumer warranty

Where the school purchases the Papers as a consumer within the meaning of the Australian Consumer Law (ACL), the following applies: the benefits given by the warranty in item 13 above are in addition to other rights and remedies of the school under the ACL or any other applicable law in relation to the supply of goods or services. The goods and services supplied by WA Exam Papers come with guarantees that cannot be excluded under the ACL. The school is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. The school is also entitled to have the goods replaced or services re-supplied if the goods or services fail to be of acceptable quality and the failure does not amount to a major failure. Please contact WA Exam Papers at to make a claim under this warranty.