Operated by NOBL3 Pty Ltd (ABN 68 681 135 562), trading as Test Academy.
Suite 107, 18-20 Ross Street, Parramatta NSW 2150, Australia. Effective 16 May 2026 · Version 2.0
These are the agreements that govern your use of Test Academy. By creating an account, enrolling, or
making a purchase, you accept the policies below. Please read them carefully.
1. Terms of Service
Effective 16 May 2026 · Version 2.0
These Terms of Service ("Terms") are an agreement between you and NOBL3 Pty Ltd (ABN 68 681 135 562),
trading as Test Academy ("Test Academy", "we", "us", "our"), of Suite 107, 18-20 Ross Street,
Parramatta NSW 2150, Australia. They govern your access to and use of our websites, online platform,
classes, and services (together, the "Service").
1.1 Who may use the Service
(a) The Service is intended for use in Australia and is designed primarily for school-aged students preparing for selective school, opportunity class (OC), NAPLAN, and similar assessments.
(b) Our students are typically children. Where a student is under 18, a parent or legal guardian must create and hold the account, accept these Terms, make any purchase, and supervise the student's use of the Service. The parent or guardian is the contracting party and is responsible for all activity on the account.
(c) By accepting these Terms you confirm that you are at least 18 years of age and have the legal capacity to enter into this agreement on behalf of yourself and any student you register.
1.2 Your account
(a) Each account is for a single named student. Accounts, logins, and access credentials are personal and must not be shared, sold, transferred, or used by more than one student.
(b) You are responsible for keeping your login details secure and for all activity that occurs under your account. Notify us promptly of any unauthorised use.
(c) You agree to provide accurate, current, and complete information and to keep it up to date.
1.3 Licence to use the Service
(a) Subject to these Terms and to payment of any applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, and revocable licence to access and use the Service and its content for the personal, non-commercial educational use of the one enrolled student.
(b) This licence does not transfer any ownership rights. All rights not expressly granted are reserved by us.
1.4 Intellectual property and content protection
(a) All content on the Service, including questions, passages, explanations, worked solutions, booklets, videos, software, designs, branding, and all material generated by our automated and proprietary systems, is owned by or licensed to NOBL3 Pty Ltd and is protected by intellectual property laws.
(b) You must not, and must not permit or assist any other person to:
copy, reproduce, republish, distribute, sell, resell, sublicense, or commercially exploit any part of the Service or its content without our prior written permission;
scrape, crawl, harvest, data-mine, or use any automated means to access, extract, or collect content or data from the Service;
bulk-download, systematically retrieve, or store content beyond ordinary personal study use;
use any content, output, or data from the Service to develop, train, fine-tune, benchmark, or improve any competing product, dataset, or machine learning or artificial intelligence model;
reverse engineer, decompile, or attempt to derive the source code, structure, prompts, or underlying methods of the Service; or
circumvent, disable, or interfere with any security, access-control, usage-limit, or rate-limiting feature.
(c) Conduct that indicates content extraction or systematic misuse, rather than genuine study, is a breach of these Terms. For example, a high volume of deliberately blank or automated test attempts (such as 25 or more consistently blank attempts) will be treated as misuse and may result in immediate suspension or a permanent ban without refund.
(d) We reserve all rights and remedies available to us, including suspending or terminating access and recovering losses and costs caused by a breach of this section.
1.5 Acceptable use
(a) You must use the Service lawfully and respectfully. You must not use it for any unlawful, harmful, fraudulent, or unauthorised purpose; transmit viruses or malicious code; harass, abuse, or harm any person; impersonate others; or collect or track the personal information of others.
(b) User submissions (including comments, forum posts, homework uploads, and other materials) must not infringe the rights of others or contain unlawful, offensive, or harmful material. We may, but are not obliged to, monitor, moderate, edit, or remove submissions at our discretion. You retain ownership of your submissions and grant us a licence to use them to operate, moderate, and improve the Service.
1.6 Suspension and termination
(a) We may suspend or terminate your access to the Service, with or without notice, if you breach these Terms, if we reasonably suspect misuse or fraud, or as otherwise permitted by law. Obligations and liabilities incurred before termination survive.
(b) You may stop using the Service at any time. Fees already paid are dealt with under our Refund and Cancellation Policy below.
1.7 Educational outcomes are not guaranteed
(a) The Service provides educational preparation, practice, and feedback. We do not guarantee any particular result, score, percentile, ranking, placement, or selection outcome. Performance in selective, OC, NAPLAN, and similar assessments depends on many factors outside our control.
(b) Information and materials are provided for general educational purposes and should not be relied upon as the sole basis for any decision.
1.8 Availability, changes, and downtime
(a) We aim to keep the Service available and will use reasonable efforts to do so, but we do not warrant that it will be uninterrupted, timely, secure, or error-free. The Service may be unavailable from time to time for maintenance, updates, or reasons beyond our control.
(b) Where access to a paid digital product is interrupted for a material period due to our systems, your remedy (in addition to your rights under the Australian Consumer Law) is an extension of your access period or a credit of equivalent value, at our reasonable discretion.
(c) We may modify, update, or discontinue features of the Service, and may change prices, at any time. Changes do not affect access you have already paid for during its current paid period.
1.9 Australian Consumer Law and liability
(a) Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that applies to you and cannot lawfully be excluded.
(b) To the extent we are permitted to limit our liability, our liability for a failure to comply with a consumer guarantee in respect of services is limited, at our option, to resupplying the services or paying the cost of having the services resupplied.
(c) To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, or consequential loss, or for loss of profits, revenue, data, or opportunity, however arising. To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Service is limited to the amount of fees you paid to us for the Service in the 12 months before the event giving rise to the liability.
(d) You agree to indemnify us against claims, losses, and reasonable costs (including legal costs) arising from your breach of these Terms or your misuse of the Service, to the extent caused by you.
1.10 Third-party links and tools
(a) The Service may include links to, or tools from, third parties that we do not control. We are not responsible for third-party content, products, or services, and your use of them is at your own risk and subject to their terms.
1.11 General
(a) These Terms, together with the policies below and any policy presented to you at enrolment or purchase, form the entire agreement between you and us regarding the Service and supersede prior versions.
(b) If any provision is found to be unenforceable, the remaining provisions continue in full force. Our failure to enforce a right is not a waiver of it.
(c) These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts of that State.
(d) We may update these Terms from time to time by posting the updated version on this page with a new effective date. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
NOBL3 Pty Ltd (ABN 68 681 135 562), trading as Test Academy, is committed to protecting your privacy
and handling personal information in accordance with the Privacy Act 1988 (Cth) and the Australian
Privacy Principles (APPs). This policy explains what we collect, how we use it, and your rights.
2.1 Information we collect
(a) Account and enrolment information: parent and student names, email address, phone number, year level, school or learning details, billing information, and information you provide when you contact us. Payment card details are processed by our payment provider and are not stored by us.
(b) Learning information: test attempts, answers, written responses, homework submissions and uploaded images, practice activity, progress, and performance data generated as the student uses the Service.
(c) Technical information: device and browser information, IP address, time zone, cookies and similar technologies, and information about how you interact with our sites. We use this to operate, secure, and improve the Service and to assess our marketing.
2.2 How we use information
We use personal information to provide, personalise, and improve the Service, including marking, feedback, analytics, and progress reporting; to manage accounts, enrolments, and payments; to communicate with you; to maintain safety and security and to screen for fraud or misuse; and to meet our legal obligations.
2.3 Disclosure of information
(a) We do not sell your personal information.
(b) We disclose personal information only to service providers who help us operate the Service (such as hosting, payment, communications, and processing providers), who are required to handle it consistently with this policy and only for the purposes of providing services to us; where required or authorised by law, or to respond to a lawful request; and to protect our rights, users, or the public.
2.4 Automated and AI-assisted processing
(a) We use automated systems, including artificial intelligence and proprietary technology, to mark responses, generate practice questions, provide feedback, and produce learning analytics. The specific technologies, models, and methods we use are proprietary and confidential.
(b) Where we use third-party processing to deliver these features, those providers act on our instructions, process information only to provide the service to us, and are contractually restricted from retaining it or using it to train or improve their own systems. We minimise the information involved in this processing wherever practicable.
(c) AI-assisted marking and feedback are provided to support learning. They may contain errors and are not an official assessment or a substitute for the marking used in any official examination. See also our AI and Acceptable Use section below.
2.5 Data retention
(a) We retain personal information for as long as your account is active and for a period of up to 5 to 7 years after your last activity or account closure, to meet operational, legal, tax, and record-keeping requirements, after which we delete or de-identify it.
(b) Learning and test data are used to operate, improve, and analyse the Service. We may retain de-identified and aggregated data, which does not identify any individual, indefinitely. De-identified data is not personal information, and we are not obliged to delete it. All aggregated, de-identified, and derived analytics, models, and insights generated from activity on the Service are owned by NOBL3 Pty Ltd.
(c) You may ask us to deactivate and anonymise an account at any time. When we do so, we remove or de-identify the personal information associated with the account, after which only de-identified data remains. [LEGAL REVIEW: confirm this de-identification model satisfies APP 11.2 in practice.]
2.6 Access, correction, and complaints
(a) You may request access to, or correction of, the personal information we hold about you by contacting us at [email protected]. We will respond within a reasonable time and may need to verify your identity.
(b) If you have a privacy concern or complaint, please contact us first so we can try to resolve it. If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner (OAIC) at oaic.gov.au.
(c) If a data breach occurs that is likely to result in serious harm, we will respond in accordance with the Notifiable Data Breaches scheme, including notifying affected individuals and the OAIC where required.
2.7 Cookies
We use cookies and similar technologies to operate the site, remember preferences, analyse usage, and support marketing. You can manage or disable cookies through your browser settings, though some features may not work as intended. Some third parties, such as advertising and analytics providers, may also set cookies subject to their own privacy policies.
2.8 Contact us
(a) For any privacy matter, contact: NOBL3 Pty Ltd t/as Test Academy, Suite 107, 18-20 Ross Street, Parramatta NSW 2150. Email [email protected]. Phone (02) 7813 0966.
(b) We may update this policy from time to time to reflect changes in our practices or legal obligations. The current version is always available on this page.
This policy covers online and digital purchases. Refunds for in-person, term-based class enrolments
are governed by our separate Refund and Cancellation Policy, which is presented to you during the
enrolment process.
3.1 Digital products (test bundles and online access)
(a) We provide a full refund (excluding card processing fees) for any reason if a refund request is received within 72 hours of the purchase date and time.
(b) Between 72 hours and 2 weeks from the purchase date and time, we provide a 75% refund (excluding card processing fees) for reasons other than change of mind.
(c) After 2 weeks from the purchase date and time, no refund is provided.
3.2 Organised online sessions (such as scheduled mock tests)
(a) This section applies to online services with a publicly determined date and time, such as organised mock tests. It does not apply to digital products under section 3.1.
(b) We provide a 50% refund (excluding card processing fees) for cancellations made 72 hours or more before the arranged commencement time. No refund is provided for cancellations made within 72 hours of the arranged commencement time.
3.3 ACST products
(a) ACST products and bookings are non-refundable, whether purchased for online or in-person delivery.
3.4 FlexiClass credits and trial bookings
(a) FlexiClass credits are non-refundable and are governed by the booking terms presented at the time of purchase. [LEGAL REVIEW: confirm FlexiClass credit rules match your billing setup.]
(b) Trial bookings may be cancelled or rescheduled before the trial through your account or by contacting us.
3.5 Chargebacks
(a) If you believe a charge is incorrect, please contact us first so we can resolve it. Initiating a chargeback or payment dispute without first contacting us may result in suspension of your account pending resolution. Where a chargeback is found to be unjustified or fraudulent, we may recover the amount and any associated costs, and may suspend or terminate access.
3.6 How refunds are issued and your consumer rights
(a) Approved refunds are returned to the original payment method. Processing times vary by provider and may take several business days to appear after we initiate the refund.
(b) Nothing in this policy excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law that cannot lawfully be excluded. If a product or service has a major failure, or fails to meet a consumer guarantee, you may be entitled to a remedy regardless of the time limits above. To raise a consumer law concern, contact us at [email protected].
(a) Test Academy uses artificial intelligence and proprietary technology to support learning, including marking certain responses, generating practice questions, providing feedback and explanations, and producing personalised analytics and recommendations.
(b) The specific technologies, models, and methods behind these features are proprietary and confidential. We do not disclose them.
4.2 Nature and limits of AI output
(a) AI-assisted marking, feedback, and content are provided to support learning and practice. They may contain errors or inconsistencies and are not an official assessment, professional advice, or a substitute for the marking used in any official examination.
(b) You should not rely on AI-generated output as the sole basis for any decision. We do not guarantee the accuracy, completeness, or suitability of automated output for any particular purpose.
4.3 Acceptable use of AI features
(a) AI features, such as our coach and practice tools, are provided for the student's own learning. You must not use them to generate work to be passed off dishonestly, to produce unlawful or harmful content, to attempt to extract or reconstruct our content or underlying systems, or in any way that breaches the Intellectual Property or Acceptable Use sections of our Terms of Service.
(b) We may apply reasonable usage limits to AI features and may suspend access where we detect misuse, automated activity, or attempts to circumvent those limits.
(c) Information handling for AI features is described in our Privacy Policy above.
At Test Academy, the safety, well-being, and welfare of children are our highest priorities. We have a zero-tolerance policy regarding child abuse and are committed to providing a safe environment where all students are respected, valued, and encouraged to reach their full potential.
We recognise that child safety is a shared responsibility. We are dedicated to ensuring that our physical and online learning environments are safe, inclusive, and culturally secure for every student. Our commitments include:
Leadership and governance: child safety is embedded in our leadership, governance, and culture.
Participation: children are informed about their rights, participate in decisions affecting them, and are taken seriously.
Family engagement: families and communities are informed and involved in promoting child safety and well-being.
Equity and diversity: equity is upheld and diverse needs are respected in policy and practice.
Suitable staff: people working with children are suitable and supported to reflect child safety values.
Complaints processes: processes to respond to complaints and concerns are child-focused and accessible.
Mandatory reporting: All Test Academy tutors and staff are trained in their obligations to report suspected child abuse or neglect to the relevant authorities, including the NSW Department of Communities and Justice and the Police.
5.2 Diversity and Inclusion
"We acknowledge the Traditional Custodians of the lands on which we learn and teach. We pay our respects to Elders past, present, and emerging."
Test Academy is committed to creating a welcoming and inclusive community. We believe that diversity strengthens our learning environment. We are dedicated to:
Cultural safety: creating a culturally safe environment for Aboriginal and Torres Strait Islander students and those from Culturally and Linguistically Diverse (CALD) backgrounds.
Disability inclusion: making reasonable adjustments to support the participation and success of students with disabilities or diverse learning needs.
Inclusion: ensuring all students, families, and staff are treated with dignity and respect, regardless of ethnicity, socioeconomic background, or gender identity.
Religious respect: respecting the diverse religious and spiritual beliefs of our community members.
5.3 Code of Conduct: Staff and Tutors
Staff & Tutors
This code outlines the professional standards expected of all Test Academy employees, contractors, and volunteers. Breaches of this code will result in disciplinary action.
Professional boundaries
No special relationships: staff must not cultivate 'special' or exclusive relationships with students. All interactions must be professional and transparent.
Contact protocols: staff must not contact students via personal phone, email, or social media. All communication must occur through official Test Academy platforms or via parents.
Physical contact: physical contact with students should be avoided unless necessary for safety. Staff must never engage in inappropriate or harmful physical contact.
Positive role modelling
Language: use positive, encouraging, and age-appropriate language. Profanity, discriminatory remarks, or demeaning language is strictly prohibited.
Appearance: maintain a professional standard of dress appropriate for an educational setting.
Duty of care: actively supervise students and take all reasonable steps to protect them from harm, bullying, or injury.
5.4 Code of Conduct: Students
Students
We expect our students to contribute to a positive learning environment where everyone feels safe and able to learn.
Respect and behaviour
Be respectful: treat tutors, staff, and fellow students with kindness and respect. Do not interrupt others or use offensive language.
Be safe: follow all safety instructions given by staff. Do not engage in rough play or behaviour that could hurt others.
Zero tolerance for bullying: bullying (physical, verbal, or online) is not tolerated. If you see it, report it to a tutor or parent immediately.
Engagement
Effort: come to class prepared and ready to learn. Bring your necessary materials (books, devices, stationery).
Online etiquette: when using our online platforms, use the chat function only for learning-related questions. Do not share passwords or private information.
5.5 Code of Conduct: Parents and Guardians
Parents & Guardians
Parents and guardians are vital partners in their child's education. We ask for your support in maintaining a harmonious community.
Partnership and communication
Respectful interaction: treat all staff, tutors, and other families with courtesy. Aggressive or abusive behaviour towards staff will not be tolerated.
Punctuality: ensure students arrive on time and are collected promptly after class to ensure their safety.
Support learning: encourage your child to complete homework and prepare for classes, but allow them to do the work themselves to ensure authentic learning.
Concerns: raise any grievances or concerns through the official administration channels (email or phone) rather than confronting tutors during class time.
5.6 Reporting Concerns
If you have any concerns about the safety or well-being of a child at Test Academy, or if you believe there has been a breach of this Code of Conduct, please contact us immediately. Your report will be treated confidentially and taken seriously.
