By accessing or using PTEClasses, you agree to these terms. Important provisions cover licences, payments, refunds, account deletion, intellectual property and service limitations.
Agreement And Acceptance
This Terms and Conditions agreement (the “Agreement”) is between you, whether an individual, company or other legal entity (the “Customer”), and Think Higher Pty Ltd, ABN 91 167 615 974, Level 3, 105 Queen Street, Melbourne VIC 3000, Australia (the “Licensor”), for use of the PTEClasses mobile application, website and related services.
You must have reached the age of majority in the jurisdiction where you live to accept this Agreement. If you have not reached the age of majority, your parent or legal guardian must accept it for you. You accept this Agreement by selecting an acceptance checkbox, clicking an acceptance button, installing or using the application, accessing the website or using the Services.
PTEClasses provides a cloud-based interface. Available services and charges are displayed on the website or application. You may access only the services you purchase or receive through an authorised promotion. Offers, services and features may change. Online services can also be affected by internet connectivity, increased loading times, compatibility issues, maintenance and other technical conditions outside our reasonable control.
Approved Sources And Use
By downloading, installing or using the mobile application or website, you represent that you obtained it from an approved source and agree to be bound by this Agreement. If you accept these terms for another person or legal entity, you represent that you have authority to bind that person or entity.
- Do not download, install, copy, access or use the mobile application or website.
- Delete or return any copy in your possession.
Definitions
- Affiliates
- An entity that controls, is controlled by or is under common control with a party, generally through ownership of 50% or more of voting power or an equivalent interest.
- Computer
- The physical or virtual hardware system on which the application or website operates.
- Derivative Works
- A revision, enhancement, modification, translation, adaptation or other recasting of the application, website or related materials.
- Documentation
- Official explanatory materials supplied by the Licensor in printed, electronic or online form.
- Fees
- Fees paid for a course, subscription, licence, renewal, extension, support service or other product or service.
- Partners
- Authorised distributors, resellers or other parties permitted to provide the application, website or an authorised co-branded version.
- Mobile Application Software / Website
- The object-code product, Documentation, included third-party components and Updates supplied by the Licensor.
- Support Services
- Services for correcting errors, providing support and issuing Updates.
- Updates
- Subsequent releases and versions made generally available as part of purchased Support Services.
Intellectual Property Rights
Ownership
The application, website, Documentation, Updates, patents, copyrights, trade secrets, trademarks and other proprietary rights remain the exclusive property of the Licensor and its licensors. The Customer receives only the limited rights expressly granted by this Agreement.
The Customer must not remove proprietary notices, trademarks, trade names or copyright notices. The Licensor owns all authorised copies, translations, modifications, adaptations and Derivative Works. The Customer must promptly notify the Licensor if it discovers unauthorised use or infringement.
Open-Source And Third-Party Components
Some components may be supplied under separate open-source or third-party licences. Those licences govern the relevant components and prevail where they conflict with this Agreement. Third-party plug-ins, payment gateways and services are used at the Customer’s option and under the relevant third-party terms.
Licence Grant And Fees
Licence
During the applicable term, the Customer receives a non-exclusive, non-transferable, non-assignable and restricted licence to access and use the application or website for the Customer’s own use and in accordance with the Documentation. The application, website and Documentation may not be distributed to third parties or used to provide hosted or service-bureau services unless expressly authorised.
Fees
The Customer agrees to pay the applicable course, subscription, licence, renewal, support and service fees displayed at the time of purchase.
Licence Restrictions
Except where applicable law or a governing open-source licence expressly permits it, the Customer must not:
- Allow unauthorised third parties to use the application, website or Documentation.
- Sell, rent, lease, sublicense, share, distribute, publicly communicate, transfer or otherwise exploit them.
- Decompile, disassemble, reverse engineer or attempt to obtain source code.
- Copy, publish, reproduce or execute them except as expressly authorised.
- Create Derivative Works or competing products from the application, website, Documentation or Confidential Information.
- Reveal, disclose or make restricted access available to a third party.
- Alter or modify the application or website without written consent.
- Disable, bypass or evade access controls, security measures or protection mechanisms.
- Share restricted access keys, authentication credentials or passwords.
- Publish benchmarking or comparative studies without written consent.
Trademarks
You must not remove, obscure or alter the Licensor’s names, logos, icons, images, text or other marks.
Legal And Export Compliance
You must comply with applicable laws, including relevant import and export-control requirements, and obtain any required authorisations before exporting or re-exporting the application or website.
Support, Information And Audits
Support
Where the Customer has paid the applicable Fees, the Licensor will provide Support Services in accordance with the Support Services Addendum and will make generally available Updates available to customers with the same support level.
Information
The Customer must provide relevant information reasonably required to diagnose issues, verify transactions, deliver support and administer the Services.
Audits
On seven business days’ written notice, the Licensor or a nominated certified public accountant may inspect and audit account information and records relating to this Agreement or payment transactions. The Licensor normally bears the audit cost, but the Customer may be required to pay reasonable audit costs and unpaid Fees if the audit identifies a material breach.
Limited Warranty And Disclaimers
Limited Warranty
The application and website are supplied on an “as is” basis. If a customer reports a reproducible bug, the Licensor will use reasonable efforts to investigate and rectify it within an appropriate timeframe. This does not apply to third-party or open-source software.
Data Privacy
Personal information is processed in accordance with applicable privacy and data-protection laws and the PTEClasses Privacy Policy.
Exclusions
Any limited warranty is void where a defect results from accident, abuse, negligence, misapplication, unauthorised alteration or improper installation.
Except for any warranty that cannot lawfully be excluded, the application, website and Support Services are provided without express or implied warranties. The Licensor does not warrant that they will meet every requirement, operate without interruption or error, be fail-safe, or protect against every possible threat. To the maximum extent permitted by law, warranties of satisfactory quality, fitness for purpose, non-infringement, non-interference and informational accuracy are excluded.
Some jurisdictions do not permit particular exclusions or limitations. In those jurisdictions, the relevant warranty or liability is limited to the minimum extent permitted by law.
Confidentiality And Notifications
The Customer acknowledges that the application, website and related services contain confidential and proprietary information, including technical and non-technical data, methods, processes, compilations and other intellectual property. The Customer must protect that information and must not disclose it except as authorised by this Agreement.
Additional terms, policy updates and revisions may be posted on the Licensor’s website. Continued use after an updated Agreement becomes effective signifies acceptance of the revised terms.
Term, Suspension And Termination
This Agreement and the licences granted under it remain in effect until terminated. The Licensor may immediately terminate or restrict access where the Customer breaches this Agreement. Services may also be suspended where required by law, in response to security threats, for maintenance or repair, or for another reasonably necessary operational reason.
Account Deletion
A customer may request account deletion through the account-deletion process available in the application. The process may require acceptance of deletion terms and an OTP sent to the registered email address.
- Active subscription: the subscription will be deactivated when deletion is completed. Subscription payments are generally non-refundable.
- No active subscription: the Licensor will proceed with account deactivation and deletion.
- Apple or Google purchase: any refund request must be submitted to the relevant app-store provider and is governed by that provider’s rules.
Cancellation And Refunds
Digital products and services include free trials or sample access so customers can assess compatibility and the AI scoring experience before purchase. Payments are generally non-refundable, subject to applicable law and any special circumstance accepted by management.
A cancellation request must be emailed to info@pteclasses.com within 30 minutes of purchase. Requests received later may not be accepted. Mock-test access that has already been issued or used may not be capable of cancellation or refund.
Indemnification
Subject to the limits of this Agreement, the Licensor will defend and indemnify the Customer and its officers, employees, agents and representatives against a third-party claim that authorised use of the application or website infringes a relevant patent, copyright, trade secret or other proprietary right.
General Provisions
Assignment
Neither party may assign this Agreement without the other party’s prior written consent, except that the Licensor may assign it in connection with a merger, consolidation or sale of all or substantially all of its assets.
Force Majeure
The Licensor is not responsible for delay or failure caused by circumstances outside its reasonable control, including network failures, natural disasters, strikes, lockdowns, pandemics, embargoes or government action. If such an event continues for more than 90 days, either party may terminate without creating a right to a refund unless required by law.
Taxes
The Customer is responsible for applicable sales, use, excise, value-added, tariff, customs or similar taxes and charges, excluding taxes on the Licensor’s net income.
Support Services Addendum
This addendum applies where the Customer has paid for Support Services for the current term.
Definitions
- Coverage Period: 7:00 am to 4:00 pm IST, Monday to Friday.
- Maintenance Patch: a supported-product release containing current resolutions.
- Resolution: a modification, addition, workaround, procedure, routine or replacement that corrects or removes the practical effect of a Supported Incident.
- Supported Incident: a material defect or failure of a Supported Product to conform to its Documentation.
Response Criteria
An initial response may resolve the request or identify further action. Requests outside the Coverage Period are handled using commercially reasonable efforts according to severity. The Licensor is not responsible for delays caused by external systems or network problems.
Maintenance Patches And Updates
During the support term, the Licensor will make generally released Maintenance Patches and Updates available where applicable. The Licensor decides whether an offering is an Update or a separately priced new product or feature, provided it applies that treatment consistently to end users. Known issues are addressed in good faith, but release dates and error-free operation are not guaranteed.
Customer Responsibilities
- Pay applicable service and communication charges.
- Keep access codes and credentials limited to authorised personnel.
- Provide relevant diagnostic, system and transaction information.
- Provide appropriate remote access where reasonably required for support while remaining responsible for protecting systems and data.
- Use support information only for legitimate support of licensed products.
- Make reasonable efforts to apply agreed corrections.
- Promptly inform the Licensor about relevant hardware-location changes.
This page preserves and reorganises the existing PTEClasses terms. Business details, refund rules and legal wording should be reviewed by qualified legal counsel before final publication.
