Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Wadmore cognitive profiling platform ("Platform") operated by Wadmore Pty Ltd (ABN 39 686 562 470) ("Wadmore", "we", "us", or "our").

By accessing or using the Platform, you agree to be bound by these Terms. If you are using the Platform on behalf of an organisation (such as a school or employer), you represent that you have authority to bind that organisation to these Terms, and references to "you" include that organisation.

Order of precedence. If you or your organisation has entered into a separate written agreement with us (including a school or enterprise services agreement, a data processing agreement, or a reseller or partner agreement), that agreement prevails over these Terms to the extent of any inconsistency.

Wadmore provides cognitive profiling services across three platforms:

• Wadmore Schools: cognitive assessment and reporting for educational institutions
• Wadmore Families: individual and family cognitive profiling
• Wadmore Professional: team and organisational cognitive insights

Wadmore assessments measure cognitive performance across eight domains, reported as developmental band placements within the Wadmore cognitive development framework. The framework spans fifteen developmental bands; each Wadmore product reports against the bands relevant to its intended participants. The result is a Cognitive Profile: a strength-based, developmental description of a participant's performance on the assessment tasks. Profiles are intended to support growth and development, not to diagnose conditions or determine eligibility for services. Section 10 describes the nature and limits of the service in detail.

Beta features. Some features of the Platform may be identified as "Beta". Beta features are made available for evaluation, may change or be withdrawn, and carry the limitations described where they appear in the product.

Wadmore is available:

• Directly from us: Wadmore Families profiles are purchased through our website. Wadmore Schools and Wadmore Professional are provided under written agreements with the relevant institution or organisation.
• Through authorised resellers and partners: in some regions, Wadmore is distributed by authorised resellers, educational consultancies and practitioner partners.

Where you purchase through an authorised reseller or partner, the commercial terms of that purchase, including price, invoicing and any refund arrangements for the purchase itself, may be set by that reseller and are between you and them. These Terms continue to govern your use of the Platform, and our Privacy Policy governs the handling of personal information regardless of how the assessment was purchased.

For support with an assessment purchased through a reseller, contact your reseller in the first instance, or contact us directly at hello@wadmore.com.au.

To hold a Wadmore account, you must:

• Be at least 18 years old
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Notify us promptly of any unauthorised account access

Children do not hold Wadmore accounts. Participants under 18 are assessed under a parent, guardian, school or organisational account as described in section 5.

For school and organisational accounts, the designated administrator is responsible for managing user access and for ensuring appropriate use within the organisation. The organisation is responsible for the acts and omissions of the users it authorises.

Wadmore assessments are designed for individuals aged 8 years and older. For participants under 18:

• Family accounts: a parent or legal guardian must create the account and provide consent for each child before that child is assessed.
• School and organisational accounts: you warrant that, before any participant under 18 is assessed, you have obtained all consents required by applicable law, including verifiable parental or guardian consent where required, and that you will provide evidence of consent to us on request.

By facilitating a child's assessment, you confirm that you have the legal authority to consent on their behalf.

You agree not to:

• Share account credentials or allow unauthorised access
• Attempt to manipulate assessment results or game the system
• Expose intended participants to assessment content in advance, or coach participants on specific assessment items
• Use the Platform for any unlawful purpose
• Reverse engineer, copy, or create derivative works from our assessments
• Use assessment items or content outside the Platform
• Misrepresent Wadmore results or use them for purposes they are not designed for (see section 10)
• Access the Platform through automated means (bots, scrapers) without permission

All content on the Platform, including assessment items, scoring methods, reports, branding, and documentation, is the intellectual property of Wadmore Pty Ltd and is protected by copyright, trademark, and other laws. You may not reproduce, distribute, modify, or create derivative works from any Wadmore content without our express written permission.

Assessment items are confidential. You must not copy, photograph, record, transcribe or disclose assessment items or content, during or after an assessment. Maintaining the confidentiality of assessment content protects the fairness and validity of the assessment for everyone. This obligation survives the termination of these Terms.

You retain your rights in the personal information you provide. By using the Platform, you grant us a licence to use that information to provide our services, as described in our Privacy Policy. If you give us feedback or suggestions about the Platform, we may use them without restriction or obligation to you.

Wadmore Families. Family profiles are one-time purchases. Each purchase provides the number of assessments described at the point of sale. There are no recurring subscription charges. Prices are in Australian Dollars and include GST where applicable. Payments are processed securely by our third-party payment provider; we do not store full card numbers.

Wadmore Schools and Wadmore Professional. Pricing, licensing and invoicing for institutional and organisational customers are set out in the applicable written agreement. Purchases made through an authorised reseller are priced and invoiced by that reseller (see section 3).

Refunds. Unused Wadmore Families assessments may be refunded within 30 days of purchase. Contact hello@wadmore.com.au. Once an assessment has been completed, the service has been fully delivered and is generally not refundable. Nothing in this section excludes, restricts or modifies your rights under the Australian Consumer Law, including your rights where services are not provided with due care and skill or are not fit for purpose.

Our Privacy Policy explains how we collect, use, store and protect personal information, including the additional protections we apply to children's information. Please read it, as it forms part of your relationship with us.

Assessment responses and Cognitive Profiles are stored in Australia. Assessments are delivered and scored using automated processes, which are described in detail in our Privacy Policy, along with how to request human review of any result.

Schools and organisations may enter into our standard Data Processing Agreement. Where a Data Processing Agreement is in place, it forms part of your agreement with us.

Wadmore assessments are developmental profiling tools, not diagnostic instruments. A Cognitive Profile describes observed cognitive performance on the tasks presented.

Our assessments:

• Describe cognitive performance across defined domains and developmental bands
• Provide strength-based profiles to support growth
• Offer recommendations tailored to demonstrated performance

Our assessments do NOT:

• Diagnose learning disabilities, giftedness, or clinical conditions
• Measure intelligence, potential or worth
• Replace professional psychological or educational assessment
• Determine eligibility for special education services, programs or accommodations
• Provide medical, therapeutic, or clinical advice

Wadmore does not itself make decisions about enrolment, placement, selection, employment or access to services. Where a school, organisation or family uses a Wadmore profile to inform such a decision, that decision is made by that school, organisation or family, and they are responsible for it. Profiles should be used as one input among several, and never as a sole determinant. You must not represent a Wadmore Cognitive Profile as a diagnostic instrument, an intelligence test, or a determinant of eligibility for any service, program or role.

If you have concerns about learning, development, or mental health, please consult a qualified professional.

Your rights under the Australian Consumer Law. Our services come with guarantees that cannot be excluded under the Australian Consumer Law, including that services will be provided with due care and skill, will be fit for any purpose you have made known to us, and will be supplied within a reasonable time. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

Subject to the paragraph above, and to the maximum extent permitted by law, the Platform is provided "as is" and "as available", and we do not warrant that the Platform will be uninterrupted or error-free. A Cognitive Profile reflects a participant's performance on the assessment tasks on the occasion they were completed, and depends on the participant's genuine engagement with those tasks.

Where you acquire our services other than for personal, domestic or household use, and to the extent permitted by section 64A of the Australian Consumer Law, our liability for a failure to comply with a consumer guarantee is limited, at our option, to supplying the services again or paying the cost of having the services supplied again.

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 goodwill, arising out of or in connection with these Terms or your use of the Platform.

To the maximum extent permitted by law, our total aggregate liability for all claims arising out of or in connection with these Terms or your use of the Platform is limited to the amount paid by you, or on your behalf, for the services giving rise to the claim in the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited by law, including liability under the Australian Consumer Law, liability for fraud, or liability for death or personal injury caused by negligence.

You agree to indemnify Wadmore Pty Ltd and its directors, employees and agents against third-party claims, and the reasonable costs associated with them, arising from:

• Your material breach of these Terms
• Your unlawful use of the Platform
• Content you submit that infringes another person's rights
• For school and organisational accounts, a failure to obtain the consents required under section 5

Your liability under this indemnity is reduced to the extent that we caused or contributed to the relevant claim.

By you. You may close your account at any time by contacting us. Your data will be handled in accordance with the retention periods in our Privacy Policy, and you can request earlier deletion.

By us, for cause. We may suspend or terminate your access to the Platform where you materially breach these Terms (and, where the breach can be remedied, fail to remedy it within a reasonable time after we notify you), where your use presents a security risk or is unlawful, or where we are required to do so by law.

By us, without cause. We may terminate these Terms for convenience on at least 30 days written notice. If we do, we will refund any unused assessments and the unexpired portion of any prepaid licences.

Upon termination, your right to use the Platform ceases. Sections 7, 10, 11, 12, 13, 16 and 17, and any other provisions that by their nature should survive, will survive termination.

We may modify these Terms from time to time. We will notify account holders of material changes by email or Platform notification at least 30 days before they take effect. If you do not accept a material change, you may terminate your account before the change takes effect and receive a refund of any unused assessments. Your continued use of the Platform after a change takes effect constitutes acceptance of the modified Terms.

Non-material changes, such as corrections and clarifications, may take effect when posted. The version number and date at the top of this page indicate the current version.

Severability. If any provision of these Terms is found to be invalid or unenforceable, that provision will be read down or severed to the minimum extent necessary, and the remaining provisions will continue in full force.

Entire agreement. These Terms, together with our Privacy Policy and any documents they expressly incorporate, constitute the entire agreement between you and us regarding the Platform, subject to the order of precedence in section 1.

Assignment. We may assign our rights and obligations under these Terms to a related body corporate, or in connection with a sale or restructure of our business, with notice to you. You may not assign your rights under these Terms without our written consent.

No waiver. A failure to enforce a provision of these Terms is not a waiver of it.

Force majeure. Neither party is liable for a failure to perform caused by events beyond its reasonable control, other than an obligation to pay money.

Notices. Notices to us may be sent to hello@wadmore.com.au or by post to Wadmore Pty Ltd, PO Box 35, Stirling SA 5152. Notices to you will be sent to the email address on your account.

These Terms are governed by the laws of South Australia and the Commonwealth of Australia.

If a dispute arises, please contact us first at hello@wadmore.com.au and we will work with you in good faith to resolve it. If a dispute is not resolved within 30 days, either party may commence proceedings. The courts of South Australia have non-exclusive jurisdiction.

Nothing in this section prevents you from making a complaint to a regulator (including the Australian Competition and Consumer Commission, your state or territory consumer protection agency, or the Office of the Australian Information Commissioner) or prevents either party from seeking urgent interlocutory relief.

For questions about these Terms:

Wadmore Pty Ltd
ABN 39 686 562 470
PO Box 35, Stirling SA 5152
Email: hello@wadmore.com.au
Privacy inquiries: privacy@wadmore.com.au