Terms of Service

Last Updated: May 23, 2025

1. AGREEMENT TO TERMS

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and OC TestPrep ("Company," "we," "us," or "our"), concerning your access to and use of the OC TestPrep application and website (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

1.1 Use by Children

Our Service is intended for users as young as 10 years old. However, if you are under 18 years of age, you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. We may implement age verification measures to ensure compliance with these Terms, which may include requiring additional verification from parents or guardians. We reserve the right to suspend accounts where we have reasonable grounds to believe parental consent has not been validly obtained.

Parental/Guardian Responsibility: Parents or legal guardians who allow their children to use the Service are fully responsible for their child's use, including all financial charges and legal liability that their child may incur. Parents or legal guardians must:

• Create the account on behalf of the child
• Provide and manage payment information
• Monitor the child's use of the Service
• Ensure the child's compliance with these Terms

2. ACCOUNT REGISTRATION

2.1 Account Creation

To access the Service, an account must be created. For users under 18 years of age, a parent or legal guardian must create the account and provide their own information, not the child's. The parent/guardian agrees to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2.2 Account Responsibility

The account holder (adult parent/guardian for users under 18) is responsible for:

• Maintaining the confidentiality of account credentials
• All activities that occur under the account
• Immediately notifying us of any unauthorized use of the account

2.3 Child Profiles

Parents/guardians may create profiles for their children within their account. These profiles allow for age-appropriate content and tracking of educational progress while maintaining parental control and oversight of the account.

3. SUBSCRIPTION AND BILLING

3.1 Payment

We offer paid services through the Service. By providing a payment method, you authorize us to charge you for the services you select.

3.2 Recurring Billing

If you select a subscription plan, you will be charged the subscription fee at the beginning of your subscription and at the beginning of each renewal period thereafter, at the then-current rate. Billing cycles are set on a periodic basis, depending on the type of subscription plan you select.

3.3 Cancellation

You may cancel your subscription at any time. Upon cancellation, you will continue to have access to the Service through the end of your current billing period.

3.4 Refunds

Payments are non-refundable except where required by law or as specifically stated in a promotion.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Service Content

The Service and its original content, features, and functionality are and will remain the exclusive property of OC TestPrep and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

4.2 User License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial use.

4.3 Content Protection and Restrictions

All content provided through the Service, including but not limited to test preparation materials, practice questions, explanations, strategies, guides, and other educational resources (collectively, "Content") is owned by OC TestPrep or its content providers and is protected by copyright and other intellectual property laws.

You agree NOT to:

• Reproduce, distribute, publicly display, publicly perform, or create derivative works of the Content
• Use any Content for commercial purposes
• Share your account credentials with others or allow others to access Content through your account
• Copy, download, screenshot, record, or capture Content in any way, except as specifically allowed within the Service's normal functionality
• Use any automated means to access or collect Content, including but not limited to robots, spiders, or scripts
• Attempt to decompile, reverse engineer, disassemble, or hack the Service, or defeat or overcome any of our content protection technology
• Remove any copyright, trademark, or other proprietary notices from the Content

Any unauthorized reproduction, distribution, or sharing of Content constitutes a material breach of these Terms and may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

5. USER CONDUCT

All users, including children, must conduct themselves appropriately while using the Service. Parents/guardians are responsible for ensuring their children comply with these conduct requirements.

You agree not to:

• Use the Service in any way that violates any applicable law or regulation
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
• Post, upload, or transmit content that is inappropriate for children
• Engage in any harassing, intimidating, predatory, or stalking conduct
• Use inappropriate language or engage in cyberbullying
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service
• Use the Service in any manner that could disable, overburden, damage, or impair the Service
• Attempt to gain unauthorized access to the Service, user accounts, or computer systems or networks connected to the Service

We reserve the right to terminate accounts that violate these conduct rules. For accounts of users under 18, we will notify the parent/guardian of any violations and subsequent actions taken.

6. TERMINATION

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

7. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.

NOTHING IN THESE TERMS EXCLUDES, RESTRICTS OR MODIFIES ANY CONSUMER GUARANTEE, RIGHT OR REMEDY CONFERRED ON YOU BY THE AUSTRALIAN CONSUMER LAW OR ANY OTHER APPLICABLE LAW THAT CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY AGREEMENT.

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.

WHERE LIABILITY CANNOT BE EXCLUDED, THE COMPANY'S AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE WILL BE LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU PAID TO THE COMPANY IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY; OR (B) AUD $100.

9. DATA BREACH

In the event of a data breach affecting your personal information, we will notify you in accordance with our obligations under the Privacy Act 1988 (Cth) and the Notifiable Data Breaches scheme.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of another.

11. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in New South Wales, Australia for the resolution of any disputes arising from or relating to these Terms or your use of the Service. Before commencing legal proceedings, we encourage you to contact us first to seek to resolve any disputes. If we cannot resolve the dispute within 30 days, either party may then pursue their legal remedies in the courts of New South Wales.

12. CHANGES TO TERMS

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the new Terms on the Service. Your continued use of the Service after such modifications will constitute your acknowledgment of the modified Terms and agreement to abide and be bound by the modified Terms.

13. TEST PREPARATION EFFECTIVENESS

While we strive to provide high-quality educational content, we do not guarantee that use of our Service will result in improved test scores or admission to opportunity classes. Educational outcomes depend on various factors including individual effort, aptitude, and circumstances.

14. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings, whether written or oral, regarding the Service.

15. CONTACT US

If you have any questions about these Terms, please contact us at:

support@octestprep.com

Last Updated: May 23, 2025

This Privacy Policy describes how OC TestPrep ("we," "us," or "our") collects, uses, and discloses your information when you use our application and website (collectively, the "Service").

1. INFORMATION WE COLLECT

1.1 Information from Parents/Guardians

For accounts created for children under 18, we collect the following information from parents or legal guardians:

• Parent/Guardian Account Information: Name, email address, password, contact information, and relationship to the child
• Payment Information: Payment details, billing address, and other information necessary to process your payment
• Child Profile Information: Child's first name or nickname, age/grade level, and educational goals (we intentionally limit the personal information collected about children)

1.2 Educational and Usage Information

We collect:

• Educational Information: Information related to the tests being prepared for, performance on practice tests, study progress, and areas of strength and weakness
• Service Usage: Information about how the Service is used, including features accessed, time spent on different activities, and learning patterns

1.3 Automatic Data Collection

We automatically collect certain information, including:

• Log Data: Information that the browser or device sends whenever the Service is visited
• Device Information: Information about the device used to access the Service
• Cookies and Similar Technologies: We use cookies and similar tracking technologies to track activity on our Service and store certain information

1.4 Data Retention

We retain your personal information only for as long as necessary to fulfill the purposes for which it was collected, including legal, accounting, or reporting requirements. Upon account deletion, we will securely delete or de-identify your personal information within 90 days, except where we are required to retain certain information by law.

2. HOW WE USE THE INFORMATION

2.1 Parent/Guardian Information

We use parent/guardian information to:

• Create and manage accounts
• Process payments and send receipts
• Communicate about the account, including notifications about their child's activities
• Respond to inquiries and provide customer support
• Send important service updates and announcements

2.2 Child Profile and Educational Information

We use child profile and educational information solely to:

• Personalize the learning experience
• Track educational progress
• Identify strengths and areas for improvement
• Recommend appropriate test preparation materials and strategies
• Improve our educational content and Service

2.3 Analytical and Service Improvement Purposes

We use aggregated, de-identified information to:

• Understand how our Service is used
• Monitor and analyze trends in learning and educational performance
• Develop new features and functionality
• Improve the educational effectiveness of our Service

3. HOW WE SHARE YOUR INFORMATION

We may share your personal information in the following situations:

3.1 Third-Party Service Providers

We may share your information with third-party vendors, service providers, contractors, or agents who perform services for us or on our behalf, such as:

• Cloud hosting and infrastructure providers
• Payment processors
• Analytics providers
• Customer service providers
• Email service providers

These providers are bound by confidentiality obligations and are only permitted to use your information as necessary to provide services to us.

3.2 Legal Requirements

We may disclose your information if required to do so by law or in response to valid requests by public authorities (e.g., a court or government agency).

3.3 Business Transfers

If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that transaction. We will notify you via email and/or a prominent notice on our Service of any change in ownership or uses of your personal information.

3.4 With Your Consent

We may share your information for any other purpose with your consent.

4. DATA SECURITY

We implement appropriate technical and organizational measures to protect the security of your personal information. However, please be aware that no method of transmission over the Internet or method of electronic storage is 100% secure.

5. YOUR RIGHTS AND CHOICES

Under the Australian Privacy Act 1988 (Cth) and the Australian Privacy Principles, you have the right to:

• Access: Request access to your personal information that we hold.
• Correction: Request that we correct inaccurate or incomplete information.
• Deletion: Request that we delete your personal information in certain circumstances.
• Complaint: Lodge a complaint with the Office of the Australian Information Commissioner (OAIC) if you believe we have violated your privacy rights.
• Marketing Communications: Opt out of receiving promotional communications from us by following the instructions in those communications.

To exercise these rights, please contact us using the information provided in the "Contact Us" section below. We will respond to your request within 30 days.

6. CHILDREN'S PRIVACY

Our Service is designed for users as young as 10 years old, but requires parental consent and supervision for all users under 18 years of age. We take children's privacy very seriously and comply with applicable laws regarding children's personal information.

6.1 Collection from Children Under 18

For all users under 18 years of age:

• We require parental or guardian consent before collecting any personal information
• Parents/guardians must create the account and provide their own contact information
• Parents/guardians must manage payment information and subscription details
• Parents/guardians have the right to review, delete, or refuse further collection of their child's information

6.2 Parental Rights and Controls

If you are a parent or guardian:

• You can review your child's personal information at any time by accessing their account
• You can request that we delete your child's personal information
• You can refuse to allow any further collection or use of your child's information
• You will receive notifications regarding any material changes to how we collect, use, or disclose your child's personal information

To exercise these rights, please contact us using the information provided in the "Contact Us" section.

6.3 Limited Information Collection

For users under 18, we limit the personal information collected to what is reasonably necessary for them to participate in our educational service. We do not make personal information publicly available or share it with third parties except as necessary to provide the Service and as disclosed in this Privacy Policy.

7. INTERNATIONAL DATA TRANSFERS

Your information may be transferred to, and maintained on, computers located outside of Australia where the data protection laws may differ from Australian law.

Your data may be stored and processed in multiple jurisdictions through our service providers' global infrastructure networks. Regardless of location, we will aim to ensure appropriate safeguards are in place to protect your information in accordance with Australian privacy laws.

We will take reasonable steps to ensure that your personal information receives a similar level of protection as it would in Australia. By providing your personal information, you consent to this transfer, storing, or processing.

We will not transfer your personal information to countries that do not have adequate data protection laws unless we have obtained your consent or implemented appropriate safeguards in accordance with Australian privacy laws.

8. CHANGES TO THIS PRIVACY POLICY

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the "Last Updated" date at the top of this policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

9. CONTACT US

If you have any questions about this Privacy Policy, or wish to make a complaint about how we have handled your personal information, please contact us at:

support@octestprep.com

If you are not satisfied with our response to your complaint, you may contact the Office of the Australian Information Commissioner (OAIC) at:

Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
Phone: 1300 363 992
Email: enquiries@oaic.gov.au
Website: www.oaic.gov.au