These Terms of Use ("Terms") are to be read in conjunction with our Test-Taker and Test Supervisor Agreements, and Privacy Policy. If there is an inconsistency, then the Agreements are to be construed in accordance with the following order of precedence: (1) The Test-Taker or Test Supervisor Agreement; (2) Privacy Policy; and (3) these Terms. These Terms are also to be construed in accordance with the definitions provided.

1. Amendments to these Terms

We reserve the right to amend these Terms from time to time. Any such amendments will take effect immediately they are posted to the Website. Your continued use of the Website following such posting will represent an agreement by you to be bound by the Terms as amended.

Intellectual Property

2. Copyright

All material on this website is subject to copyright under the Copyright Act 1968 (Commonwealth of Australia) and through various international treaties and agreements under the Laws of other countries. Unless expressly stated to the contrary, e-bilities owns copyright in or is otherwise entitled or licensed to reproduce all the material on this website.

Other than for the purpose of the Copyright Act 1968 (Commonwealth of Australia), or is otherwise stated below, no material on this website may be altered, reproduced, stored in a retrieval system or transmitted without the prior written consent of e-bilities.

You will indemnify e-bilities fully against all liabilities, costs and expenses that e-bilities may incur to a third party as a result of your breach of the copyright provisions of this agreement.
You agree to keep confidential and secret, and not to disclose to any third party, the tests underlying or administered by the Application, including but not limited to the methodology of the tests or the way in which they are applied.

You agree not to, attempt to, or allow any third party to or to attempt to, reduce or copy the tests administered by the Application into any other form, media or format, including but not limited to paper, and to administer the tests using that form, media or format.

3. Trademarks

All trademarks reproduced on this site are owned by their respective owners and may be subject to certain rights both in Australia and overseas including, but not limited to, trademarks owned by e-bilities such as "e-bilities", "Swaps" and "Triplets".

4. Intellectual Property Rights

This Agreement and your use of the Application or the Website gives you no right, other than the licence to use, in the intellectual property of e-bilities, including but not limited to all intellectual property rights now or in the future subsisting in the Application and this Website.

You may not, nor may you attempt to, reverse engineer or reverse compile the Application.

5. Links

This Website may contain links to other websites ("Linked Sites"). The Linked Sites are provided for convenience only. They may not remain current or be maintained regularly.
e-bilities is not responsible for the content or privacy practices of Linked Sites.

Our provision of links to the Linked Sites is not and should not be construed as an endorsement, approval or recommendation by e-bilities of the owners or operators of the Linked Sites, or of any information, graphics, materials, products or services referred to or contained on the Linked Sites, unless and to the extent stipulated to the contrary.

6. Limitation of Liability

You acknowledge that you use this Website and the Application at your own risk.

e-bilities excludes all liability in relation to the correctness of information entered by Test-Takers and Test Supervisors.

e-bilities will use reasonable endeavours to ensure that any information that it makes available to you through the Application and the Website (including, without limitation, your personal details) is correct and updated regularly at the intervals e-bilities specifies from time to time. e-bilities shall not be liable to you in any way for any inaccuracy, error or omission in that information, including (without limitation) failure of any communications network, ancillary equipment, the Application, the Website or e-bilities' own negligence.

The Website and Application are provided on an "as is" and "as available" basis. To the extent permitted by law, e-bilities makes no representation or warranty in respect of the provision of the Website and the Application. Without limitation, e-bilities makes no representation or warranty that:
a. the Website or Application will satisfy your requirements;
b. the Website or Application will be uninterrupted, timely, secure or error free.

To the extent permitted by law, e-bilities expressly disclaims all implied warranties and conditions, including (without limitation) implied warranties as to merchantability, fitness for purpose and non-infringement of intellectual property.

e-bilities shall not be liable to you in any way for:
c. any failure of the Application or the Website to perform, in whole or in part, any function which e-bilities has specified it will perform;
d. the unavailability of the Website or the Application to you, in whole or in part, for any reason; or
e. any delay or error in the provision of the Website or the Application because of any circumstance beyond e-bilities' reasonable control, including (without limitation) failure of any communications network, ancillary equipment or the Administration System.

e-bilities excludes all liability for indirect and consequential loss (including without limitation the loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) in tort, under any statute or otherwise (including loss arising from e-bilities' negligence) arising from or connected to this Agreement or use of this Website or the Application.

e-bilities' liability to you for any reason or liability in respect of any warranty regarding the Website or the Application which is implied by law and cannot be excluded, is (to the extent permitted by law) limited to one of the following remedies (at e-bilities' option):
a. If the breach relates to services:
i. The re-supply of the services; or
ii. The payment of the cost of resupplying the services; and
b. If the breach relates to goods:
i. The replacement of the goods or the supply of equivalent goods; or
ii. The repair of such goods.

7. Application Availability

The application is intended to be available 24 hours a day, 7 days a week, 365 days a year, except during weekly system maintenance. A weekly system maintenance period occurs every Friday from 9:00 p.m. to 12:00 am (Sydney, Australia time). In the event that emergency maintenance is required, e-bilities will use commercially reasonable efforts to provide advance warning of the maintenance by posting a notice on the website.

8. Data Security, Incident Recovery and Data Restoration

No data transmitted over the Internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information which you transmit to us. Any information is transmitted at your own risk. Once we receive your transmission, we will take reasonable steps to preserve the security of such information.
e-bilities is prepared to expedite data recovery from backup media in the event of a system failure or urgent data restoration request. Data restoration times will vary depending on the severity of the problem and backup tape location.

9. Termination of Access

Access to this Website may be terminated at any time by us without notice. Any of these Terms capable of surviving termination will continue on in effect as between us.

10. Governing Law

These Terms, our Test-Taker and Test Supervisor Agreement, and Privacy Policy shall be governed by and construed in accordance with the laws in force in the State of New South Wales, Australia. You and e-bilities agree to submit to the exclusive jurisdiction of the courts of that State.

11. Definitions

Unless the context dictates otherwise, the following words and phrases have the meaning proscribed:

"Application" means the e-bilities^® testing software made available on this Website.
"Client" means an individual or organisation registered by e-bilities to administer tests to Test-Takers using the Application.
"Client Agreement" means the agreement between us and any Client, located at <www.ebilities.com>.
"e-bilities" or "we", "us" and "our" means e-bilities Pty Limited.
"Privacy Policy" means our privacy policy in relation to the Application located at <www.ebilitiestest.com>
"Test-Taker" means a person registered to take a test on the Application.
"Test Supervisor" means a person authorized to supervisor a test on the Application
"Test-Taker Agreement" means the agreement between us and any Test-Takers located at <www.ebilitiestest.com>
"Test Supervisor Agreement" means the agreement between us and any Test Supervisor located at <www.ebilitiestest.com>
"Website" means <www.ebilitiestest.com> and any associated pages appearing on it or its sub-domains, and includes the Application.