Terms of Service

1
INTRODUCTION
1.1
Application of terms
1.1.1
By using the invigilatorPlus website you agree to be bound by these terms of service. Please review them carefully. You must accept these terms of service if you wish to proceed with your exam in invigilatorPlus.
1.1.2
These terms of service ("Terms"):
1.1.2.1
Govern your use of the invigilatorPlus website, browser extensions, platforms, applications, and other services (collectively, our “Services”) and describe your rights and responsibilities as a user of our Services.
1.1.2.2
apply to any information, text, audio, video, images, graphics, code, extensions, or other materials created uploaded, downloaded, transferred or otherwise appearing on or connected with the Services when you interact with invigilatorPlus, including recordings of any exam or assessment sessions (collectively referred to as “Content”)
1.1.3
You agree to be bound by these Terms together with the invigilatorPlus Privacy Policy which is available on our website.
1.1.4
The Services are being provided by invigilatorPlus for the benefit of a college, university, instructor, school, organisation, certification administrator, or other exam delivery partner ("Educational Institution”).
1.1.5
invigilatorPlus may change, add or remove any functionality of the Services, or make changes to these Terms at any time. invigilatorPlus will notify you and you will be asked to accept the new terms of service. If you are notified of new terms of service, you must accept the new terms before you will be able to access invigilatorPlus to complete an exam.
2
YOUR RESPONSIBILITIES
2.1
Access
2.1.1
You must:
2.1.1.1
be a natural person to access invigilatorPlus;
2.1.1.2
not access or link to or seek to access or link to (either directly or indirectly) any other person's invigilatorPlus Account;
2.1.1.3
not permit any other person to use your username and/or password;
2.1.1.4
keep your invigilatorPlus Account username, password and secure at all times;
2.1.1.5
not disclose your password to anyone else;
2.1.1.6
comply with the authentication process required by invigilatorPlus and your Educational Institution;
2.1.1.7
comply with the login requirements of invigilatorPlus and your Educational Institution;
2.1.1.8
advise invigilatorPlus immediately if you suspect that the security of your invigilatorPlus Account has been or may have been compromised, for example: you are unable to access your invigilatorPlus Account and have checked that you are using the correct username and password. Contact invigilatorPlus using the details on the invigilatorPlus website.
2.1.2
When you logon to the Educational Institution's learning management system you will be redirected to an invigilatorPlus Account for your exam. You must complete a process with the Educational Institution and an exam invigilator to enable you to take the exam. This includes you providing to the Invigilator:
2.1.2.1
Your full name;
2.1.2.2
Your student identification details including photograph identification;
2.1.2.3
A four point view of the room within which you are to take the exam;
2.1.2.4
A photograph to be saved to the invigilatorPlus page.
2.1.3
In taking an exam you must permit invigilatorPlus to redirect you to the invigilatorPlus system, you must share your audio and you must share your webcam.
2.1.4
You agree that invigilatorPlus may collect and use technical data and related information, including technical information about your device, system and application software, and peripherals, that are gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to invigilatorPlus. invigilatorPlus may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide service or technologies to you.
2.1.5
You are prohibited from photographing, or recording, by video or sound, or copying any part of invigilatorPlus’s Services for any purpose and the use of any software (for example, bots, scraper tools) or other automatic devices to access, monitor or copy invigilatorPlus (including any invigilatorPlus Account) or its contents, is prohibited unless expressly authorised by invigilatorPlus in writing. You will not:
2.1.5.1
make and distribute copies of invigilatorPlus;
2.1.5.2
attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate all or part of invigilatorPlus; or
2.1.5.3
create derivative works of invigilatorPlus of any kind whatsoever.
2.2
System Requirements
2.2.1
In order to use invigilatorPlus, you must have a compatible computer, webcam available on your computer, internet access, and the necessary minimum software, hardware and access specifications (Requirements).
2.2.2
The Requirements will be published on the invigilatorPlus website, available from your Educational Institution. The Requirements may be varied from time to time and you must check that you are able to meet the Requirements current at the time of your exam.
2.3
Lawful purposes
2.3.1
You must only use invigilatorPlus for lawful purposes. You must not use invigilatorPlus in a manner that infringes or disrupts the rights of or restricts or inhibits the use and enjoyment of invigilatorPlus by any third party, or for any conduct which is unlawful or which may harass or cause distress or inconvenience to any person.
2.3.2
You must not post or transmit via invigilatorPlus any Content that is unlawful, defamatory, obscene, offensive or contains scandalous material, or any material that constitutes or encourages conduct that would contravene any law.
2.4
Your use of invigilatorPlus
2.4.1
When you use invigilatorPlus you agree to provide true and accurate information to verify and authenticate your identity.
2.4.2
If you perform an online transaction using invigilatorPlus , certain fields in transactional forms will be pre-populated, where possible, with information you have chosen to provide your Educational Institution including within your invigilatorPlus digital profile. You are responsible to check this information.
2.4.3
The information you supply when conducting an online transaction within invigilatorPlus must be complete and accurate.
2.4.4
You are responsible for your use of the Services. The Content you submit, post, or display, including all audio and video recordings or images, including any recordings or images of you made as part of your assessment or exam session(s), will be shareable with and viewed by your Educational Institution.
2.4.5
Information may also be inputted or modified by an administrator.
2.4.6
In some circumstances giving false or misleading information is a serious offence. Providing incomplete, inaccurate or false information via invigilatorPlus will be treated in the same way as providing incorrect information on a form or in person and may result in prosecution and civil or criminal penalties.
2.4.7
The personal information provided will be used and disclosed for identification, for the invigilator to identify you and fulfil their role in the integrity of the examination process, for general administration and communication with Educational Institutions and carers, and for matters relating to the health, safety and welfare of students or any other purpose required or permitted by law. General administration includes invigilatorPlus and its helpdesk support.
2.4.8
Your invigilatorPlus Account information may be accessed by invigilatorPlus employees who are authorised to access this information. All invigilatorPlus employees are trained about their privacy obligations.
3
OUR RESPONSIBILITIES
3.1
Remote connection
3.1.1
When you use the Services, invigilatorPlus will remotely connect to your computer in order to monitor your computer screen and premises and to ensure no prohibited applications or settings are activated during your examination or exam session. As a part of using the Services, you agree to scan your premises using your webcam if or when an invigilator requests that you do so. The invigilator will provide you with reasonable instructions on how to accurately scan your room. You agree to maintain audio and video contact with the invigilator during the exam session, to enable the recording of your exam session, and to disconnect audio and video contact from the exam session once it ends. You authorise us to make all recordings of and any Content from your examination or exam session available to your Educational Institution.
3.1.2
You acknowledge that invigilatorPlus and its officers and employees will monitor and manage the exam session and your participation in the exam during the designated time frame for the exam.
3.2
No warranty
3.2.1
invigilatorPlus will take reasonable care in providing information and services through your invigilatorPlus Account. invigilatorPlus does not warrant that invigilatorPlus Account is error free, or that any defects in invigilatorPlus Account will be rectified, or that you will have continuous access to your invigilatorPlus Account, nor does invigilatorPlus accept liability for any loss, damage, cost or expense (to any person or property) including direct, consequential or indirect loss or any loss of profits, data or revenue that could arise as a result of your use of your invigilatorPlus Account or your inability to access your invigilatorPlus Account.
3.2.2
You acknowledge invigilatorPlus is provided over communications networks and the quality and availability of invigilatorPlus may be affected by factors outside invigilatorPlus's reasonable control and invigilatorPlus does not accept any responsibility whatsoever for unavailability of invigilatorPlus, or any difficulty or inability to download or access Content or otherwise access and use invigilatorPlus.
3.2.3
invigilatorPlus will use its best endeavours to provide the Services through invigilatorPlus Account.
3.2.4
invigilatorPlus is not responsible for how your Educational Institution uses your Content.
3.3
Limitation of Liability
3.3.1
invigilatorPlus will not be liable to you or to any person for any loss or damage whatsoever caused, arising directly or indirectly in connection with your invigilatorPlus Account or the maintenance and support services carried out other than as may be imposed by law. Notwithstanding the foregoing, invigilatorPlus expressly excludes liability for direct, consequential or indirect loss or damage including, but not limited to, loss or damage to data or to other equipment or property whether or not the same may be in the care, custody or control of invigilatorPlus, or for loss or profits, business, revenue, goodwill or anticipated savings.
3.3.2
invigilatorPlus is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the use of invigilatorPlus.
3.3.3
To the fullest extent allowed by law invigilatorPlus is released from any liability in relation to loss or damage suffered or caused due to or in connection with your invigilatorPlus Account.
3.4
Security for information
3.4.1
invigilatorPlus has responsibilities relating to the security of your invigilatorPlus Account information and will use all reasonable endeavours to meet these responsibilities. The information will be stored in Australian data centres for up to 15 years from the date of establishing your invigilatorPlus Account.
3.4.2
invigilatorPlus will use all reasonable endeavours to ensure that your information is accurately recorded and not corrupted or changed.
3.4.3
invigilatorPlus is responsible for the security of information while it is collected by, stored on or passing through the invigilatorPlus Account systems.
3.5
Messages from invigilatorPlus
Correspondence about any changes to your invigilatorPlus Account will be sent to the email address you have provided when you established your invigilatorPlus Account or as changed by you from time to time in your profile details. You will be deemed to have received it.
4
TERMINATION
4.1
Termination for wrongful use
4.1.1
You acknowledge that if you:
4.1.1.1
supply incomplete, inaccurate or false information;
4.1.1.2
use invigilatorPlus to perform (or attempt to perform) an unauthorised action, illegal, immoral, or inappropriate purpose or an action in breach of these terms;
4.1.1.3
remove copies of exam questions or exam answers, and you share or discuss with anyone any of the exam questions, exam content, or exam answers you viewed during your exam;
4.1.1.4
make and distribute copies of invigilatorPlus;
4.1.1.5
attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate invigilatorPlus;
4.1.1.6
create derivative works of invigilatorPlus of any kind whatsoever; or
4.1.1.7
otherwise misuse invigilatorPlus or fail to comply with the Educational Institution's requirements for the exam, or are in breach of these Terms,
then invigilatorPlus may suspend or terminate your invigilatorPlus Account.
4.1.2
invigilatorPlus may also suspend or terminate your invigilatorPlus Account if it is instructed to do so by your Educational Institution.
4.2
Termination for wrongful behaviour
4.2.1
If you exhibit unacceptable behaviour during your exam session invigilatorPlus reserves the right to suspend or terminate your invigilatorPlus Account or to recommend to your Educational Institution that you are disqualified. This includes where the invigilator experiences or observes or detects:
4.2.1.1
Anything that would require termination based on the agreement between your Educational Institution and invigilatorPlus; or
4.2.1.2
Any conduct that the invigilator deems vulgar, offensive, pornographic, obscene, abusive, criminal, or otherwise inappropriate; or
4.2.1.3
Any suspicious or questionable action(s) during the exam session.
4.3
Suspension or termination of your invigilatorPlus Account access
4.3.1
invigilatorPlus may lock, suspend or terminate your invigilatorPlus Account at any time.
5
GENERAL
5.1
Interpretation
Specifying anything in these terms after the words "include" or "for example" or similar expressions does not limit what else is included.
5.2
Intellectual Property
5.2.1
The Services contain intellectual property that is exclusively owned by invigilatorPlus and its licensors, including text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, code, content and the layout, coordination, and arrangement of our Services.
5.2.2
All material on invigilatorPlus and on your invigilatorPlus Account is subject to copyright and trade marks and is owned by CampusQ Pty Ltd (ACN 606 776 863).
5.2.3
The names "invigilatorPlus", and "invigilatorPlus Account" are proprietary to invigilatorPlus and may be trade marks (Names).
5.2.4
You acknowledge that invigilatorPlus owns all intellectual property rights in the Names in Australia and you undertake not to take any action which might:
5.2.4.1
invalidate or put in dispute invigilatorPlus's title to the Names;
5.2.4.2
oppose any application for registration of the Names as trade marks or invalidate or challenge any registration of the Names as trade marks in due course;
5.2.4.3
support an application to remove any of the Names as registered trade marks;
5.2.4.4
cause any Registrar of trade marks to require a disclaimer of a monopoly in any of the Trade Marks or part thereof,
and you will not assist any other person directly or indirectly in any of the above acts.
5.3
Licence
5.3.1
Any user or our Services including you and each Educational Institution, is granted a non-exclusive and non-transferable license to electronically access and use the Services only in the manner described in these Terms. invigilatorPlus does not sell nor grant a right to sublicense any invigilatorPlus intellectual property.
5.3.2
invigilatorPlus may change the technical specifications of any aspect of the Services, in its sole discretion at any time.
5.3.3
invigilatorPlus may revoke or terminate this license at any time, without notice or liability. invigilatorPlus will not be responsible if, for any reason, all or any part of the Services become unavailable.
5.3.4
Other than this licence, no other right, title, or interest in or to the Services is granted and invigilatorPlus reserves all rights not expressly granted by these Terms. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in a manner that breaches these Terms, your right to use the Services will cease immediately.
5.4
Entire agreement
5.4.1
These Terms constitute the entire agreement between invigilatorPlus and you in connection with invigilatorPlus and your invigilatorPlus Account.
5.5
Severance
5.5.1
If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms will continue in full force.
5.6
Governing law
5.6.1
The laws of the New South Wales, Australia govern this agreement and you agree to submit to the exclusive jurisdiction of the courts of New South Wales.
5.7
Contact invigilatorPlus
5.7.1
Helpdesk
The invigilatorPlus helpdesk operates Monday to Friday between 7:00am and 7:00pm (Sydney time).
5.7.2
Complaints and feedback
invigilatorPlus values your opinion and will use your feedback to improve its services. The best way to leave your feedback is by calling our helpdesk or by emailing: info@invigilatorplus.com.au