Terms & Conditions

PLATFORM TERMS AND CONDITIONS

About Us

Using AI and Machine Learning, the Dystech Services allow Users,, such as schoolteachers, speech pathologists, educational psychologists or parents to easily identify the likely presence of learning disabilities, like dyslexia, dyspraxia or dysgraphia, in a child or adult.

Agreement

In these Platform Terms and Conditions (the “Terms”) the words “Dystech Australia”, “Company”, “we”, “us” or “our” refers to Dystech Australia Pty Ltd (ACN 627 116 518), and includes its subsidiaries and its respective directors, employees and agents. “You” or “Your” means a User of the Platform or any person accessing or using the Platform.

You should read these Terms carefully as they apply to your use of the Platform and the provision of the Dystech Services. The Platform consists of the website located at www.dystech.com.au (“Website”) and mobile Application (“App”).

By using or accessing the Platform you indicate your acceptance of these Terms. By accepting these Terms, you agree to the obligations imposed on you under these Terms and, in exchange, we agree to provide you with access to the Platform. If you do not agree to these Terms you should immediately cease accessing and using the Platform.

We reserve all rights to alter these Terms at our discretion. Each time you use the Platform, it is your responsibility to ensure that you are aware of our current terms. Your continued use of the Platform following the publication of changes to these Terms is taken to be your acceptance of those changes.

These Terms, as amended by us from time to time, continue to apply for as long as you use the Platform and Dystech Services or until terminated in accordance with these Terms.

Interpretation,

In these Terms and Conditions:

“Account” means an account created on our Platform by you to conduct a Dyscover Screening or to become an Affiliate;

“Affiliate” means any for-profit clinics, not-for-profit organisations, educational organisation or any other entity as agreed at our sole discretion who creates an Account;

“Application” or “App” means the Dystech mobile application available on the iOS App Store and Google Play store;

“Associated Entity” means as defined in the Corporations Act 2001 (Cth);

“Assessee” means an individual, such as a child, adult, client or pupil, that is being assessed for the likely detection of a learning disorder via our Screening Services on the Platform;

“Business Day” means 9:00am – 5:00pm Monday to Friday, excluding Saturdays, Sundays and public holidays in Victoria, Australia;

“Consumer Guarantee” has the meaning given in Division 1 of Part 2-3 of the Australian Consumer Law;

“De-identifiable Data” means data that has been rendered anonymous by removing all personally identifiable information via the Platform and collected by us for the purposes of providing the Dystech Services and as set out in our Privacy Policy;

“Dysgraphia Screening” means the screening platform available via the App for the screening of Dysgraphia and is suitable for Assesses aged 9 years and older;

“Dyslexia Screening” means the screening platform available via the Website or App to detect the likelihood of Dyslexia in an Assessee in exchange for the Screening Fee and is suitable for Assesses aged 8 years and older;

“Dystech Services” means the functionality made available to you via the Dystech Platform and includes the Screening Services;

“Intellectual Property” means all rights in patent, copyright, trade names, trademarks, logos, designs, algorithms, images (including still images, and audio and audio-visual media);

“Intellectual Property Rights” means all present and future intellectual and industrial property rights throughout the world of whatever nature (whether or not registered or registrable) including but not limited to all rights in respect of technical information, know-how, copyright, trademarks, designs, patents, domain names, business names, logos, drawings, trade secrets, the right to have confidential information kept confidential or other proprietary rights, or any rights to registration of such rights;

“Losses” means all losses, costs, damages, expenses, penalties, third party claims and other liabilities and including all legal and other professional expenses on a solicitor client basis incurred in connection with investigating, disputing, defending or settling any claim, action, demand or proceeding and also includes all foreseeable and consequential loss;

“Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Platform, within the modules or otherwise displayed, uploaded or published on, or via, the Platform;

“Non-Excludable Guarantee” means a non-excludable guarantee implied by the Australian Consumer Law;

“Platform” means the Dystech Platform operated by us, including the Website and App;

“Privacy Policy” means our privacy policy, available at: https://www.dystech.com.au/privacy-policy/;

“Privacy Laws” means the Privacy Act 1988 (Cth) and the General Data Protection Regulation (EU 2016/679) (as applicable);

“Referral Link” means the unique link sent by an Affiliate to a User for the purposes of conducting a Dyslexia Screening on the Website;

“Referral Rewards” means the commission receivable by Affiliates as set out in clause 9.3

“Referral Rewards Program” means the program offered by us to Affiliates as set out in clause 9 and available via the Website;

“Registration Data” means the information provided by you to us for the purposes of registering for an Account, and includes, but is not limited to, your name, email address and birth year and month;

“Report” refers to a report produced by us and received by you when you use a Screening Service;

“Related Bodies Corporate” has the meaning given in the Corporations Act 2001 (Cth);

“Screening Services” means the screening services made available to you including a Dyslexia Screening, Dysgraphia Screening and Dyscover Screening;

“Screening Fee” means the fee paid by a User for the Dyslexia Screening;

“Dyscover Screening” means the tool available via the App and Website that measures the reading time of an Assessee (aka: student) by collecting audio samples and measuring reaction times;

“Terms” has the meaning in clause 1.21;

“User” means person, company or organisation who uses the Dystech Platform;

“Website” means our website located at www.dystech.com.au, all associated sub-domains and any other websites operated by us from time to time.

Any reference in these Terms to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in these Terms unless otherwise specified.

The Dystech Platform

The Dystech Platform provides an easy and convenient way for Users to determine the presence of learning disorders in Assesses through the use of the following Dystech Services:

Dyslexia Screening;
Dysgraphia Screening
Dystutor use; or
Dyscover Screening.

We may, for any reason, at any time and without notice to you change or remove the Dystech Services, including the Platform functionality or withdraw the Platform all together.

Account

You do not need to register for an Account to conduct a Dyslexia or Dysgraphia Screening.

To conduct a Dyscover Screening or to become an Affiliate, you must first create an Account. Creation of an Account is free.

You will receive confirmation of registration by way of an email via the Platform shortly after you have created your Account with us.

If you do not provide accurate and complete details, we may not be able to activate your Account, or provide you with complete access to the Platform.

You agree to keep your Account details current at all times by updating your details via the Platform or by contacting us at hello@dystech.com.au.

You must not use one email address to register for multiple Accounts.

You agree that you have sole responsibility for any activity that occurs on or while using your Account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your Account. You must not provide your account details to any other person. You agree and acknowledge that you shall be solely responsible for the confidentiality and security of your Account details and any use of your Account (including unauthorised use).

We may, in our absolute discretion, terminate your Account, disable your Account or restrict your access to the Platform (temporarily or permanently) where you breach these Terms or for any reasonable reason and at any time. Under these circumstances, you may be prevented from accessing all or parts of the Platform, including our Screening Services, your Account details or any other content associated with your Account. We will not be liable to you or any third party if this occurs. We may impose limits or restrictions on the use you may make of the Platform. Further, we may, for any reason, at any time and without notice to you, withdraw the Platform, or change or remove Platform functionality.

Screening Fee Payment and Refunds

To conduct a Dyslexia Screening you must make payment of the Screening Fee.

Payment of the Screening Fee is to be made by credit card via the Platform.

All prices listed on the Platform are in Australian Dollars and inclusive of goods and services tax (“GST”) unless otherwise specified. Prices are subject to change without notice.

If payment of the Screening Fee or any other fee is unsuccessful due to expiration, insufficient funds or otherwise, you nonetheless remain responsible for promptly paying the unpaid fees and authorise us to continue billing you via your nominated payment method, as it may be updated. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to the Platform and the Dystech Services and not provide you with a Report.

If your nominated payment method triggers our internal suspect transaction protocols, we may contact you to confirm additional details, or rescind the transaction. If you do not provide the requested information within 7 days, then we may cease providing the Dystech Services to you and/or access to the Platform, and your payment will be refunded back to you via your nominated payment method. These information requests are sent to help protect credit card holders from online fraud, though we provide no guarantee that we will identify any or all instances of online fraud that may occur in relation to any order made on or via the Platform.

You agree and acknowledge that we will treat an electronic instruction as authentic and are under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.

Promotional offers and discounts may be offered at our sole discretion, and on such terms and conditions as are notified at the time of the relevant promotional offer or discount.

Free trials and freemium accounts may be cancelled and/or withdrawn without notice.

Note that we will monitor frequency and volume of use of any account if we suspect that the incorrect pricing plan has been chosen and/or paid for. We have a fair use policy to ensure smooth functioning of your account but we expect users to pay the correct amount for the service/s they are using.

Payment processing services for the Services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By using Stripe to process payments, you agree to be bound by the Stripe Services Agreement, which may be modified by Stripe from time to time. As a condition of enabling payment processing services through Stripe, you agree to provide us with accurate and complete information about you, and you authorise us to share it and transaction information related to your use of the payment processing services provided by Stripe.

We will provide a refund of the Screening Fees or any other fees paid by you where a request is made in writing to us within two (2) days of payment.

Without limiting our obligations or your rights under law (including the Australian Consumer Law) and to the maximum extent permitted by the law, our Screening Fees are non-refundable once we have begun generating a report or unless we specifically communicate otherwise.

We aim to keep the price you pay to use our platforms as fair and equitable as possible whilst maintaining a reasonable profit margin for our company. As a general rule you should budget a 5-15% increase to use our platform every 12-18 months.

Legal Capacity

You must be eighteen (18) years of age or over to register as a User of the Platform and create an Account. If you are under the age of 18 years (“Minor”), you are unable to register as a User of the Platform and create an Account unless you have permission from a parent or guardian.

If you are found to be a Minor who has not gained permission from a parent or guardian to register to create an Account, we are entitled, at our absolute discretion, to cancel or terminate your Account and access to the Dystech Services.

Your continued use of the Platform is an acknowledgement by you that:

you are over the age of eighteen (18) years, or have obtained the relevant permission from a parent or guardian to create an Account; and
you accept these Terms and agree that you have entered into a binding legal contract with us in relation to these Terms.

If You are a parent or guardian permitting a Minor to create an Account on the Platform, you agree that you are the Account creator and agree to:

exercise supervision over the Minor’s use of the Platform and Dystech Services;
assume all risks associated with the use of the Platform and Dystech Services as outlined in these Terms;
ensure that all content and information that the Minor may encounter on the Platform and Dystech Services is suitable and appropriate for the Minor;
assume all liabilities resulting from the Minor’s use of the Platform, the Dystech Services and their Account;
ensure the accuracy and truthfulness of all information submitted by the Minor; and
provide the consents contained in these Terms on behalf of the Minor.

Platform Use

Each User is solely responsible for the accuracy and quality of the information provided about each Assessee that is uploaded or input on the Platform, and each User is solely responsible for obtaining any permissions, consents and/or authorisations necessary for the use, transmission and disclosure of the information provided about each Assessee in connection with a Screening Services and/or our Dystech Services.

You warrant and represent that your access to, and use of, the Platform and Dystech Services is not unlawful or prohibited by any laws which apply to you. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

All information that we provide is supplied in good faith, but we do not warrant or guarantee the accuracy or completeness of any information provided by us, another user of the Platform or through the Dystech Services or any third party. It is not within the scope of our obligations to enquire as to, or to verify, the accuracy or completeness of information that we receive from you, another user of the Platform or any third parties.

You will not:

modify the Platform or merge any aspect of the Platform with another programme other than as expressly provided under these Terms;
record, reverse engineer, copy, duplicate, reproduce, create derivate works from, frame, download, display, transmit or distribute any of the Platform or Material therein or the source code of the Platform;
licence, sell, rent, lease, transfer, assign or otherwise commercially exploit the Platform or Material;
engage in unlawful behaviour, including unauthorised access to or use of data, services, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;

access, store, distribute or transmit:

viruses, worm, trojan or other malicious code that corrupts, degrades or disrupts the operation of the Software;
material that is unlawful, unethical, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive or a contravention of the rights of any third party;
material that facilitates illegal activity; or
material that abuses or causes damage or injury to any person or property;
provide Platform login details or passwords, or otherwise provide access to the Platform, to any unauthorised third party and you will take all reasonable steps to prevent unauthorised access to, or use of, the Platform;
share any features of the Platform that are not publicly available with any unauthorised third party;
use the Platform other than for its intended purpose; and
engage in any conduct on the Platform that is in breach of these Terms (or any other terms mentioned therein).

The Platform may contain links to third party websites. Any links to such websites provided on the Platform are for convenience only. We do not represent that we have any relationship with any linked websites nor recommend or endorse any goods, services or third-party content appearing on, or via, other websites linked to this Platform. We are not responsible for any loss or damage that may arise from your access to, and/or use of, third party websites, products and services. Additionally, we are not to be held responsible for the content or privacy practices associated with linked websites. You should make your own enquiries before using and/or accessing third party websites.

If you breach any terms of these Terms, we may, at our absolute discretion, terminate or suspend your access to, and/or use of, the Platform, and/or take further actions against you for breach of these Terms.

Delivery and availability of Dystech Services

We will use reasonable endeavours to ensure that the Dystech Services, including the production of any Reports, are delivered in a prompt and timely manner. However, delivery times are estimates only and factors outside our control may result in delays. The estimated time of delivery of Dystech Services, including any Reports, may change without notice. We do not accept any liability for loss or damage suffered by you or anyone as a result of any such delays.

You agree and acknowledge that access to the Platform and Dystech Services is highly dependent on the proper function of the internet and any other computer networks and infrastructure upon which you and/or the Dystech Services operate, interface with, are hosted on or connected to, including the networks, hardware, software or systems.

Except in respect of any Non-Excludable Guarantee, we do not guarantee that the Dystech Services, Platform or access thereto will be uninterrupted or error-free and you release and indemnify us in respect of any Losses we may incur and/or claims and/or complaints you (or any of your Related Bodies Corporate and Associated Entities) may have against us in respect of any interruption, error or unavailability of the Platform or Dystech Services. You agree that it is your responsibility to make enquiries as to the accuracy or completeness of any information.

To the maximum extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation is limited to supplying of the Dystech Services again.

We make no representations, warranties or guarantees:

that content available on, or produced by or via the Platform, including any Report received, is accurate, complete, reliable, current, error-free or suitable for any particular purpose. You acknowledge and agree that you will exercise absolute discretion in choosing how to use this content, including any Report received; and
as to the availability of service levels (including up-time) of the Platform or that the Platform or Material are or will be free from viruses, worm, trojan or other malicious code. You are responsible for taking your own precautions in this respect.

Referral Rewards Program

We offer a Referral Rewards Program to Affiliates who refer Users to the Dyslexia Screening functionality available on our Website via a Referral Link and that User pays for a Dyslexia Screening.

To become an Affiliate, you must first create an Account.

For an Affiliate to be eligible for the Referral Rewards, the User must:

use the Referral Link that is provided by an Affiliate on the Website;
make payment the Screening Fee and the funds cleared in our account; and
not be in breach of these Terms.

Affiliates will receive a 20% commission where a User complies with the terms set out in clause 9.3.

Affiliates may determine if a User has successfully used their Referral Link by accessing the dashboard available in their Account.

We may, at our discretion, ask for proof of your organisational status to confirm that you are an Affiliate of Dystech.

You agree that the determination of the qualification and source of a referral is determined at our sole and absolute discretion, and you cannot refer yourself.

We will make every effort to ensure that our referral tracking system is accurate, but we are not responsible if a Referral Link is disrupted by you, the User or a third-party’s actions, or a failure to act, including without limitation, the failing of a User to complete a Screening by using the Referral Link provided to them, or changing computers or devices, or any other mechanism that potentially could disrupt the operation of the referral tracking technology.

To the maximum extent permitted by law, we do not guarantee the accuracy of any Referral Rewards advertised by us on the Platform or your receipt of the Referral Rewards. The receipt and/or value of each Referral Rewards may be impacted by human-error and/or glitches on the Platform.

You agree that Affiliates will only make direct referrals, without using:

spam to individuals, including via unsolicited emails or message boards;

any keyword bids;
black hat SEO;
paid advertisements (e.g. pay per click);
i-frames, bots, or any other method of automated distribution; and/or
any other similar methods.

You agree that you will comply with all applicable laws and regulations, including without limitation those related to the Spam Act 2003 (Cth).

You agree that a referral used by you in association with the Referral Link will not include inappropriate content, such as hate, porn, violence, or other similar content that we determine in our sole and absolute discretion could be expected to negatively impact our goodwill or reputation.

We reserve the right to remove you from participating in this promotion if we determine in our sole and absolute discretion that you have violated any of these Terms or you are not eligible.

Payment of Referral Rewards

We will make payment of the Referral Rewards via Stripe, subject to the User’s Screening Fee being received by us and cleared in funds.

You agree and acknowledge that you are solely responsible for ensuring the accuracy of the information provided to us for the purposes of payment of the Referral Rewards via Stripe.

We agree that we will store and maintain any bank account or Stripe details securely and in accordance with our Privacy Policy.

We may review your payment details to check for evidence of fraud or deception. If we have evidence or reason to believe that you have acted fraudulently or deceptively in your dealings with us, we may choose to deny making payment of the Referral Rewards and take other action such as but not limited to cancelling your Account in accordance with these Terms.

We will use all endeavours possible to provide you with the Referral Rewards within 30 days from the end of each month after the Screening Fee has been paid and cleared by the User, however we cannot guarantee this timeframe.

Until we have an obligation to make payment of the Referral Rewards to you under these Terms, you have no entitlement to receive the Referral Rewards from us and you cannot make any claim against our assets.

In the event that we become insolvent, you will not be able to recover any outstanding Referral Rewards that we owe you but have not paid to you in priority to any of our other creditors.

You acknowledge and agree that any Referral Rewards may not be payable if:

Payment of the Screening Fee by the Users has not cleared in our; and/or
the User does not use a Referral Link, does not create an Account and does not make payment of the Screening Fee.

Under no circumstances are Referral Rewards transferable between Users of the Platform or to third parties.

If you believe that you have not received your Referral Rewards, you may email us at hello@dystech.com.au. For us to consider your Referral Rewards claim you must ensure the information supplied to us is correct and accompanied with all documents, information and evidence necessary for us to confirm that you referred a User to the Platform. If you do not supply us with the correct information or requisite documentation, we may reject your claim for Referral Rewards

Intellectual Property

We own all Intellectual Property Rights in the Platform, and we retain all rights, title and interest in the Platform, irrespective of any licence we may grant to you to access, and use, the Platform.

You agree that any Intellectual Property Rights in any content that you upload, post, transmit, or otherwise make available to the Platform or otherwise provide to us becomes our sole and exclusive property immediately upon you uploading or posting to the Platform and you hereby assign all Intellectual Property Rights in all and any such manner to us.

You must not in any form or by any means reproduce, modify, distribute, store, transmit, publish, use or display the material on another website or create derivative works from any part of the Platform or commercialise any information obtained from any part of the Platform or Material other than as expressly set out in these Terms without our prior written consent.

We reserve the right to terminate any licence granted to you and/or remove any De-Identified Data from the Platform, at any time, for any reason and without notice to you.

You agree that you will not modify or copy the layout or appearance of the Platform nor any computer software or code contained in the Platform, and that you will not decompile, disassemble, reverse engineer or otherwise attempt to discover, interfere with or access any source code related to the Platform.

All Intellectual Property Rights discovered, developed or otherwise coming into existence as a result of, for the purposes of, or in connection with, the Platform will automatically vest in, and are assigned to, us, including any enhancements, improvements and modifications to the Provider IP (collectively, the “Developed IP”).

You must not represent to anyone or in any manner whatsoever that you are the proprietor of the Platform and/or the Provider IP.

Warranties

We will use reasonable endeavours to provide constant, uninterrupted access to the Platform, but as with any software-based product, this cannot be guaranteed. We will not be responsible or liable for any direct or indirect losses or damages suffered or sustained by you as a result of, or in connection with, any interruption or delay in accessing and using the Platform.

We will, within a reasonable period of time, investigate any alleged error or issue regarding any of the Dystech Services, provided that you notify us in writing within seven (7) days of becoming aware of the error or issue with all necessary information to be able to investigate the error or issue. You agree that our liability will be limited in any event to the right to attempt redelivery of the Dystech Services to you, including the redelivery of any Report.

To the maximum extent permitted by law, no further warranty, condition, undertaking or term, express or implied, statutory or otherwise as to the condition, quality, performance or fitness for purpose of the Platform provided hereunder is given or assumed by us other than as required at law. You acknowledge and agree that the Platform and Material are provided on ‘as is’ basis and that you will make your own investigations into whether or not the Dystech Services are fit for your purposes.

Indemnity

To the fullest extent permitted by law, you agree that you waive, release, discharge and relinquish any and all claims that you have now or may have against us which are connected with, arise out of, relate to or are incidental to the provision of the Platform and your use of the Dystech Services, including our Screening Services.

You indemnify us, and hold us harmless, from and against any and all claims, loss, damage, taxes, liabilities and/or expenses that may be incurred by us arising out of, or in connection with, your use of the Platform, the Dystech Services, our Screening Services and any breach by you of these Terms.

You agree and acknowledge that we will not be liable or responsible for any loss or damage suffered by any User due to your actions, and you will indemnify us from and against any and all claims by any User in relation to any and all content created by you or any actions by you.

This clause survives the termination or expiry of these Terms.

Liability

Users should determine the suitable of our Screening Services, taking into account our recommended ages. Any information obtained by you in the course of using the Platform or Services, including any Report, is not medical information or professional advice provided by us and you must not rely on it in that respect. The information obtained should not be used as a diagnosis. We do not accept any liability for any injury, loss or damage caused by the use of the information on the Platform or contained in any Report. You agree that it is your responsibility to make enquiries as to the accuracy of any information provided by us.

To the maximum extent permitted by law, we exclude all:

conditions, guarantees or warranties expressed or implied by law; and
any liability to you or to any third person however arising (and whether arising under statute, negligence or otherwise) for any personal injury or death to you or any third person, or for any special, direct, indirect or consequential loss or damage (including, but not limited to, loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss of privacy or loss of goodwill), arising out of, or in connection with, access and/or use of the Platform, or any of the Services and this Agreement.

Our liability to you is limited to the maximum extent permissible by law. To the extent that our liability is not otherwise excluded, subject to any Non-Excludable Guarantees, our liability to you is limited to the aggregate sum of $100. If you make a claim with regards to our Referral Rewards Program, to the maximum extent permissible by law, our liability to you is limited to reversing the applicable Referral Rewards.

To the maximum extent permitted by law, all typographical, clerical or other errors or omissions on the Platform or in our Reports will be subject to correction without any liability on our part.

You agree that we will not be liable for any indirect, consequential, special or exemplary losses, expenses or liabilities, or loss of profits, loss of revenue, economic loss, loss of goodwill, corruption or alteration of data, failure to realise anticipated savings, loss of opportunity, expectation loss or loss of production, arising out of, or in connection with, the provision or use of the Dystech Services, the Platform, Screening Services, the Referral Rewards Program or these Terms.

Nothing contained in these Terms excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation where to do so is unlawful.

By accessing and continuing to use the Platform, you acknowledge that the limitations of liability contained in this clause 14 are fair and reasonable allocation of the commercial risk between you and us. This clause 14 survives termination or expiry of these Terms.

Privacy

We are committed to protecting your privacy and personal information. Further details about our processes relating to the collection, use, disclosure and storage of your personal information can be found in our Privacy Policy.

For the purposes of our Screening Screens, we collect De-identifiable Data from an Assessee, which includes, but is not limited to:

gender;
age;
language skills, such as reading times;
writing and comprehension abilities;
experience with learning difficulties such as dyslexia, dyscalculia and dysgraphia;
experience with visual and hearing impairments; and
other relevant information to provide the Screening Services;

We may from time to time ask Users to provide other Personal Information for the reasons set out in our Privacy Policy.

Unavoidable Events

We will not be liable to you if we are prevented from, or delayed in, providing the Trimio Services due to acts, events, omissions or accidents beyond our reasonable control (“Unavoidable Events”). Where an Unavoidable Event occurs, we will attempt to recommence provision of the Dystech Services as soon as reasonably practicable.

Dispute Resolution

If you have a complaint about the performance of these Terms or the Dystech Services, you will contact us at support@dystech.com.au in the first instance and allow us reasonable time to consider your complaint, determine a possible solution and notify you of the solution.

This clause 17 survives the expiry or termination of these Terms

General

We reserve the right to make changes to these Terms without notice to you. Any amendments to these Terms will have immediate effect from the time that they are published on the Platform.

If any provision of these Terms is held invalid or unenforceable, such provision will be deemed deleted from these Terms and replaced by a valid and enforceable provision which so far as possible achieves the parties’ intent in agreeing to the original provision. The remaining provisions of these Terms will continue in full force and effect.

Subject to any other written and signed agreement between you and us, these Terms constitute the entire agreement between the parties in respect of the subject matter of these Terms and supersedes and replaces any prior written or oral agreements, representations or understandings. The parties confirm that they have not relied on any representation that is not expressly incorporated into these Terms.

A failure or delay by us to exercise a power or right under these Terms does not constitute a waiver of that power or right, and the exercise of a power or right by us does not preclude our ability to take action in respect of the same type of breach at a future date.

These Terms are governed by, and must be construed according to, the law of the State of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts in that State.

Version 7 as at 28/03/24