Terms and Conditions of Sale and Use of Pearson Assessment Products
Materials and Ordering Information
- Client Services Centre
- Backorders
- Confirming Orders
- University Training Program Discount
- Returns, Credits, Adjustments
- Embargoes
Terms and Conditions of Sale and Use of Pearson Products
- Acceptance of Terms and Conditions of Use
- Limited Warranty
- Limitation of Liability and Limitation on Claims
- Use of Product
- Copyright and Trade Secrets
- Force Majeure
- Export Law Assurance
- Test Security
- Payment
- Shipping and Handling
- Definitions and Notes
- Pearson Trading Account – Conditions of Sale
- Permissions and Licensing
- Permission to Use Copyrighted Test Norms
- Permission for Research
- Qualifications
- Trademarks
- Rules Governing License of Materials to Various Categories of Customers
- Appropriate Use of Pearson Clinical Assessment Content
Materials and Ordering Information
Orders are processed at our Client Services Centre in Sydney Australia. To obtain prompt service, orders for materials should be sent via the following channels;
- Order online through the website www.pearsonclinical.com.au
- Email: orders@pearsonclinical.com.au
- Post: Suite 1001 Level 10, 151 Castlereagh Street Sydney NSW Australia 2000
- Phone: +61 3 7045 0074 (Australia) or +64 6888 7254 (New Zealand)
We make every attempt to maintain sufficient inventory to handle all routine orders without backorders. If a backorder occurs and you desire partial shipment or would prefer that we hold your order until it can be filled in its entirety, please let us know.
If an order is placed by phone or fax and followed up with a confirming purchase order, please make certain that it is clearly marked as CONFIRMING. This will prevent a duplicate shipment.
4. University Training Program Discount
For the materials covered by these Terms and Conditions of Use, a special training program discount of 40% is granted on the purchase of test materials for use in university measurement courses (exlcudes digital).
A training program discount of 40 percent is granted on the purchase of materials for use in university assessment courses, and University clinical practices and not for resale. The training program assumes responsibility for proper use of materials consistent with user qualifications and applicable testing standards. This applies only to publications of Pearson and or its divisions. This discount does not apply to any product that is entitled “Combo” as these are already discounted. No training discount is given on distributed materials for other publishers. This discount may not be used with any other discounts, special offers, introductory pricing, or combo offers.
Orders must be submitted in writing on a University Purchase Order to be eligible for this discount.
5. Returns, Credits, Adjustments
Pearson guarantees satisfaction with the physical quality of the test materials covered by these terms and conditions. If materials are damaged or defective, they may be returned for exchange or credit at any time. If not defective in manufacturing, resalable test booklets, answer documents, and accessory materials may be returned for credit within 90 days of the invoice date. Only unbroken, resalable packages will be accepted, and packages must show complete name, address, invoice number, and reason for return on all paperwork. Prior authorisation must be sought before any returns are made. Please speak to one of our Client Services Representative who will give you an Authorisation Code which must be quoted. Authorisations are valid for 45 days from the date of issue.
Please observe these procedures to ensure prompt handling. Returns will usually be handled, and any refunds or credits processed within 30 days of receipt of the returns.
Check your shipment upon receipt. Do not open packages; broken test packages cannot be accepted for credit unless defective.
If you receive incorrect materials or quantities, or damaged or defective items, please call Client Services on the numbers listed above and they will provide you with assistance.
Digital products, including access codes, licenses, report usages, subscriptions, and digital assets, and opened software cannot be returned.
Please note that at times, Pearson must restrict the sale of certain test materials within specific geographic regions because of copyright restrictions, contractual arrangements, or government sanctions.
Terms and Conditions of Sale and Use of Pearson Products
Effective: 1 June, 2014
IMPORTANT NOTE: These Terms and Conditions (Ts & Cs) apply to the products and services listed on this website, unless otherwise noted.
These Terms and Conditions of Use are subject to change without notice; the Terms and Conditions of Use posted and applicable at the time of order shall govern each order.
1. Acceptance of Terms and Conditions of Use
Pearson Clinical and Talent Assessment is a division of Pearson Australia Group Pty Ltd ABN 40 004 245 943 (“Pearson” or “us”) with registered office at 459 Church Street, Level 1, Building A, Richmond VIC 3121, Australia.
Sales of Products (including licensed assessments) by Pearson and the purchase and use of those Products by Customer are conditioned upon acceptance of these Ts & Cs. Customer agrees to these Ts & Cs by submission of user qualifications, order(s) for tests or scoring services, or by paying part or all of a Pearson invoice. These Ts & Cs constitute the entire agreement between Pearson and the Customer and supersede any purchase order terms associated with a Purchase Order (P.O.) number on any order. If any provision of these Ts & Cs is found to be illegal or unenforceable, that provision shall be read down to the extent necessary to overcome the difficulty and the remaining provisions will be enforced.
These Ts & Cs are subject to change without notice. The Ts & Cs published and applicable at the time of order shall govern each order. The law of the State of Victoria, Australia, will govern these Ts & Cs, and the Customer and Pearson submit to the non-exclusive jurisdiction of the courts with jurisdiction in the State of Victoria, Australia.
Pearson warrants that the Products published directly or under license by Pearson in their standard form, will not infringe any valid, third-party, U. S. patents or copyrights existing at the time of publication. This warranty does not extend to any Other Publisher’s product or to any infringement arising from the use of the Pearson Products in combination with any systems, software, or equipment, supplied by a third party. If Customer promptly notifies Pearson of an infringement claim concerning a Pearson Product and accords Pearson the right, at its sole option and expense, to handle the defence of the infringement claim, Pearson will indemnify and hold the Customer harmless from/against such infringement claim related solely to that Pearson Product. Pearson may, in its sole discretion, furnish the Customer with a non-infringing replacement product within sixty (60) days or repurchase the remaining unconsumed Pearson Product.
3. Limitation of Liability and Limitation on Claims
EXCEPT WHERE SUCH LIMITATIONS ARE PROHIBITED BY OPERATION OF LAW, IN NO EVENT WILL PEARSON BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES ARISING OUT OF THIS AGREEMENT, PURCHASE OR USE OF PEARSON PRODUCTS OR SERVICES. NOTWITHSTANDING ANY OTHER PROVISION OR AGREEMENT BETWEEN THE CUSTOMER AND PEARSON, PEARSON’S TOTAL LIABILITY TO ANY PARTY, ARISING OUT OF THIS AGREEMENT, PURCHASE, OR USE OF PRODUCTS, EXCEPT AS IT RELATES TO PEARSON’S WILLFUL MISCONDUCT, WILL NOT EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE PRODUCTS OR SERVICES.
Pearson reserves the right to refuse any order where it has a belief the Products will not be properly used. Customer agrees that it is the Customer’s responsibility to use any Products in accordance with applicable professional guidelines and warrants they have the appropriate qualifications and experience. . Customer understands and agrees that the Products are intended to be used as tools in the overall assessment and are not designed to be used alone or to replace the Customer’s professional judgment. Pearson is not responsible for any claims or damages incurred in connection with the Customer’s or any third party’s use or misuse of the Products. Unless otherwise indicated, Products are not sold for self-guidance, nor to any individual or organization engaged in testing and counselling by any remote method. Users must agree to guard against the improper use of the Products in order to retain the right to purchase those Products. To protect their security and value, Products may not be resold, re-licensed, transferred or otherwise further distributed without prior written permission from Pearson. Reselling on any online site or by any other method is strictly prohibited and will disqualify the reseller from future purchases of Pearson Products or Services.
The Customer’s purchase of Pearson Products does not grant the Customer a right to reproduce additional copies of materials or content or enter any content into a computer medium, such as non-Pearson scoring system or software. However, if the Customer licenses and uses Pearson software, the Customer may excerpt portions of the output reports, limited to the minimum text necessary to accurately describe the qualified user’s significant core conclusions, for incorporation into a written evaluation of the individual, in accordance with the Customer’s profession’s citation standards, if any. No adaptations, translations, modifications, or special versions may be made without prior permission in writing from Pearson (see Section 10). Violation of these Ts & Cs may result in Pearson rejecting any furture orders from the Customer.
5. Copyright and Trade Secrets
Pearson Products are protected by various intellectual property laws, including trade secrets, copyright, and trademark. Printing or reproducing copyright-protected materials or content, whether the reproductions are sold or furnished free for use, including reproduction of test items, scales, scoring algorithms, scored directions, or other content, is strictly prohibited by law and by these Ts & Cs. Pearson software outputs, including but not limited to reports, are protected as trade secrets.
Customer acknowledges and agrees that the use or disclosure of Pearson trade secrets or confidential information may cause Pearson irreparable harm for which remedies other than injunctive relief may be inadequate. If Customer is required to disclose secure test materials pursuant to a subpoena or court order, please refer to the Pearson’s Litigation Disclosure at PearsonClinical.com.
Non-performance of either party shall be excused to the extent that performance is rendered impossible by strike, fire, flood, act of God, war, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the non-performing party and not due to its fault or negligence.
If the product(s) ordered from Pearson have been rightfully obtained within Australia and New Zealand, Customer agrees and certifies that neither the products nor any technical data received by the Customer from Pearson will be exported outside of Australia and New Zealand, except as authorised by the laws and regulations of Australia and New Zealand.
Customer agrees to comply with the following basic principles of minimum test security:
- Test takers must not be coached using the test or receive test answers before beginning the test.
- Test materials (text or graphic image) may not be reproduced in any manner electronically or otherwise without the prior written permission of Pearson.
- Access to test materials must be limited to qualified persons with a responsible, professional interest who agree to safeguard their use.
- Test materials and scores may be released only to persons qualified to interpret and use them properly.
- If a test taker or the parent of a minor child who has taken a test wishes to examine test responses or results, the parent or test taker may be permitted to review the test and the test answers in the presence of a representative of the school, college or institution that administered the test.
- Test materials must not be resold, re-licensed, transferred or otherwise redistributed for any purpose without prior written permission from Pearson
All prices are subject to change without notice and are inclusive of the applicable Goods and Services Tax (GST) for Customers within Australia and New Zealand. Price changes will not affect orders in respect of which Pearson has already sent to the Customer an order confirmation.
Payment terms are 30 days for Customers with trading accounts otherwise payment must be made at time of purchase by credit card.
Charges not paid when due are subject to a late charge of 2% above the base rate of ANZ Bank in Melbourne. The Customer is responsible for any legal and collection fees incurred by Pearson in collecting charges not paid when due. Payment must be made in Australian dollars if the Products are supplied in Australia and in New Zealand dollars if the Products are supplied in New Zealand.
Pearson Strand Finance Limited is the merchant of record and collecting the funds on behalf of Pearson Australia Group.
Test materials are shipped by traceable means via ground delivery unless air, or special delivery is requested. Please allow 10 days for delivery of test materials after receipt of an order.
Free shipping for all orders placed on this website.
a "Ts & Cs" means these Terms and Conditions
b "Product(s)" means assessment instruments (including those formerly published by AGS Publishing and Harcourt Assessment, Inc.) and related materials (including but not limited to software, administration and user reference materials, manipulatives, reports and services) published, supplied or made available by Pearson pursuant to these Ts &Cs.
c "Customer" means the purchaser and qualified user of the Product, whose eligibility to purchase and use the Products is determined by Pearson in its sole discretion, who are individually and collectively referred to as "Customer."
Policies
1. Pearson Trading Account – Conditions of Sale
Pearson Trading Account – Conditions of Sale
Reproduction of any purchased materials requires the prior written consent of Pearson. Questions and answers, including practice questions and answers, may not be reproduced without written permission, regardless of the number of lines or items involved. Test copies may not be bound in theses, dissertations or reports placed in libraries, generally circulated, or accessible to the public, or in any article or text of any kind.
Pearson will consider requests for permission to reproduce, modify, or translate part or all of any copyrighted publication and will also consider the granting of licenses for use of our copyrighted materials.
Requests to reproduce, translate, adapt, modify, or make special versions of these publications must be in writing and directed to:
Requests to copy any test materials must be in writing and directed to: info@pearsonclinical.com.au
Once approved, any reproduction must include acknowledgement of the source, including author, test, publisher, and copyright notice.
3. Permission to Use Copyrighted Test Norms
Pearson has the sole right to authorise reproductions of any portion of its published tests, including test norms. Copying of test norms without authorisation is a violation of copyright. The term “copying” includes, but is not limited to, entry of test norms into a computer memory for purposes of test processing, scoring, or reporting. Any person or organisation wanting to use Pearson’s test norms must submit a formal written request to the General Manager. If permission is granted, a fee may be charged. Permission from Pearson for use of test norms does not imply endorsement of, or responsibility for, the accuracy or adequacy of any test processing, scoring, or reporting service.
Permission is not needed for research by individuals who are qualified to license and administer the tests; however, no reproduction of test materials is allowed for any purpose, including articles and reports based on research, without the prior written consent of Pearson.
Note: Please read this section. Not everyone who wishes to obtain a license for a test is qualified to do so. In order to avoid delay in your order, please make sure your qualifications are known to us.
The tests listed on this website are carefully developed assessment instruments that require specialised training to ensure their appropriate professional use. Eligibility to purchase these tests, therefore, is restricted to individuals with specific training and experience in a relevant area of assessment. These standards are consistent with the professional and ethical standards of a variety of professional organisations. These organisations whose members use tests are diverse, they include but are not limited to such organisations as the Australian Psychological Association (APS), the New Zealand Psychological Society (NZPS), Speech Pathology Association (SPA), Occupational Therapy Australia and New Zealand. Globally these organisations include the American Counselling Association (ACA), the American Educational Research Association (AERA), the American Psychological Association (APA), the Council for Exceptional Children (CEC), the National Association of School Psychologists (NASP), and the National Council on Measurement in Education (NCME).
Pearson is committed to upholding these standards, and we reserve the right to require additional evidence of each customer’s qualifications. Pearson has the sole right to determine whether a customer is qualified and under what classification. In addition, Pearson retains the right to withhold or withdraw approval for test license where there is evidence of violation of commonly accepted testing practices or any of the Terms and Conditions of Use.
Note: No tests are licensed for self-guidance, nor to any individual or organisation engaged in testing and counselling by mail. Test users must agree to guard against the improper use of Pearson’s tests in order to retain the right to license those tests. To protect their security and value, tests and scoring keys must be kept in locked files or storage cabinets accessible only to authorised personnel.
Test materials may not be resold or otherwise distributed, or used as tools for performance coaching or to design performance coaching materials. Customers wishing to license the use of Pearson’s tests for home-schoolers should refer to the section entitled “6.0 Rules Governing Sale of Materials to Various Categories of Licensees”.
Any unauthorised use of Pearson’s trademarks is strictly prohibited. Requests to use any trademark should be addressed to the:
Marketing
Pearson Clinical and Talent Assessment
Suite 1001, Level 10, 151 Castlereagh Street
Sydney NSW
Australia 2000
Pearson reserves the right to amend these policies at any time. Your continued use of these terms shall indicate your acceptance of these terms and changes.
7. Rules Governing License of Materials to Various Categories of Customers
Universities, schools, organisations and businesses are subject to the guidelines set forth above and must have appropriately qualified individuals on staff in order to license test materials.
Qualified individuals should comply with the requirements of their respective institutions concerning the use of purchase orders. Pearson may not be able to process orders without the appropriate purchase order(s) or other documentation required by the institution.
**Terms and conditions also include these additional
- Clinical Legal Policies
- Clinical Permissions & Licensing
- Clinical Privacy Statement
- Pearson Terms of Use
- Pearson Privacy
- Pearson Cookies
- Pearson Patent Notice
- Pearson Accessibility Policies
Last updated: 1 May 2022