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Terms of Use

Last updated: August 2026

1. About these terms

Smart Panda is a business name of Muralikrishna Venkatachalapathy (ABN 22 897 812 386), based in New South Wales, Australia. These terms are an agreement between you and that entity, and “we”, “us” and “Smart Panda” below all refer to it.

Smart Panda provides online practice tests and worked solutions for the NSW Selective High School Placement Test. By creating an account or using the service, you agree to these terms on behalf of yourself and the child (“the student”) you register. Smart Panda is independent practice material and is not affiliated with the NSW Department of Education.

2. Your account

Accounts must be created by a parent, guardian, or other person legally authorised to act on behalf of the student. You are responsible for keeping your login details secure and for all activity on your account. An account is for a single family’s use — sharing accounts or login credentials, or giving anyone else access to your tests or solutions, is prohibited.

3. Acceptable use

You must not:

  • attempt to gain unauthorised access to Smart Panda, other accounts, or our systems;
  • interfere with, disrupt, or place an unreasonable load on the platform;
  • introduce any virus, malware, or other malicious code;
  • attempt to bypass or defeat our security, watermarking, or access controls;
  • attempt to reverse engineer, decompile, or analyse the platform for the purpose of copying, reproducing, or replicating any part of Smart Panda; or
  • use Smart Panda for any unlawful purpose or in a way that breaches these terms.

4. Content & intellectual property

All test questions, exam formats, answers, worked solutions, writing prompts, automated and manual marking feedback, artwork and other materials on Smart Panda are the intellectual property of Smart Panda and are protected by copyright. When you buy a test you are buying a personal, non-transferable licence to access and use the content — solely for the registered student’s own exam preparation — not ownership of it or the right to pass it on.

That licence does not expire: once a test is in your account it stays there, along with its results and worked solutions, for as long as the account is open.

Without our prior written permission, you must not:

  • copy, reproduce, screenshot, photograph, screen-record, download, print, or transcribe any questions or solutions;
  • share, publish, post, message, sell, resell, or distribute any content to any other person, website, tutoring service, or group;
  • use bots, scrapers, or automated tools to extract content;
  • use the content to build or populate any competing product or dataset; or
  • use the content to train, prompt, fine-tune, or evaluate any AI model or AI-powered service intended for public or commercial use.

To protect our content, your results and worked solutions are watermarked with your account details. Any copied or leaked material can be traced back to the account it came from.

The student’s own work

Anything the student writes — in particular their responses to writing tasks — belongs to them. We do not claim ownership of it. You give us only the permission we need to run the service: to store the response, to send it to our AI marking provider so it can be marked, and to show it back to you with feedback. We will not publish it, sell it, or use it to train any AI model. See our Privacy Policy for who processes it and where.

Feedback and suggestions

If you send us feedback, a bug report, or a suggestion, we may use it to improve Smart Panda without owing you payment or attribution. This does not apply to the student’s own work above, and it does not change our privacy obligations — we still handle any personal information in your message under our Privacy Policy.

5. Suspension & termination

We may suspend or permanently close your account immediately and without prior notice if we reasonably believe you have breached these terms — including copying, sharing, recording, scraping, or distributing our content, or sharing account access. Where an account is suspended or closed for a breach, we may refuse any goodwill refund. We may also take further action to protect our rights, including recovering losses caused by unauthorised sharing. Nothing in this section limits any remedies available to you under the Australian Consumer Law.

6. Purchases & refunds

Tests are sold individually or in packs (not as a subscription). A test is considered used once it has been opened, as described in our Refund Policy. Refunds, faults and technical problems are handled under Australian Consumer Law — see that policy for the full details.

We may retain records relating to purchases and account activity as required by law or for legitimate business purposes, as described in our Privacy Policy.

7. Nature of our material, marking & results

Smart Panda is a preparation tool. Our questions are original practice material written to resemble the format and skills of the real Selective Test; they are not the actual exam and are not endorsed by the NSW Department of Education. We do not guarantee any particular score, placement, or outcome. Smart Panda provides educational practice materials only and does not provide educational, psychological, legal, or other professional advice.

Judgements about the difficulty, style, and “quality” of practice questions are inherently subjective and reasonable people can disagree. A view that a question is too hard, too easy, or not to your taste is a matter of opinion, not a fault. This does not affect our obligation to provide material of acceptable quality under the Australian Consumer Law.

Writing tasks are marked with the help of automated (AI) tools and the resulting score and/or band and feedback are a guide only. Automated marking may occasionally be inaccurate or inconsistent and should not be treated as an official or definitive assessment.

8. Service availability

We may modify, improve, or discontinue features of Smart Panda from time to time. We aim to keep the service available and reliable, but access may occasionally be unavailable for maintenance or for reasons outside our control.

We are not responsible for delays or failures caused by events beyond our reasonable control, including internet or telecommunications outages, cyber attacks, power failures, natural disasters, or government action.

9. Liability

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law, and nothing in these terms limits or excludes those guarantees. Subject to that, and to the fullest extent permitted by law:

  • while we take reasonable care to provide a reliable service, Smart Panda is provided on an “as is” and “as available” basis, and we do not promise it will be uninterrupted or error-free;
  • to the extent permitted by law, we are not liable for any indirect, incidental, or consequential loss, or for loss arising from your device, software, or internet connection; and
  • for any liability that does not arise under the consumer guarantees — and only where the law allows that liability to be limited — our liability is limited (at our option) to re-supplying the affected test or refunding the amount you paid for it.

10. Privacy

How we handle your and the student’s personal information is set out in our Privacy Policy, which forms part of these terms.

11. Changes & governing law

We may update these terms from time to time. Your continued use of Smart Panda after a change means you accept the updated terms. 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.

12. Contact

Questions about these terms? Reach us through the support page.