Governed by Australian LawIntroduction
Welcome to SmartNAPLAN, operated by SmartNAPLAN Pty Ltd ("SmartNAPLAN", "we", "us", or "our"), a company registered in New South Wales, Australia. These Terms and Conditions ("Terms") govern your access to and use of the SmartNAPLAN website and learning platform (collectively, the "Platform").
By creating an account, accessing, or using the Platform in any way, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Platform.
These Terms apply to all users of the Platform, including:
- •Students using the Platform for NAPLAN preparation
- •Parents or guardians who create and manage student accounts
- •Visitors browsing the SmartNAPLAN website
- •Schools and teachers accessing institutional accounts
Where a parent or guardian creates an account on behalf of a student under 18, the parent or guardian agrees to these Terms on behalf of the student and is responsible for ensuring the student complies with them.
Use of the Platform
SmartNAPLAN grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for your personal, non-commercial educational purposes, subject to these Terms.
Permitted Use
- •Accessing and completing practice questions, quizzes, and practice tests
- •Viewing and downloading personalised progress reports
- •Using study planning and tracking features for personal NAPLAN preparation
- •Parents monitoring and supporting their child's learning activity
Prohibited Use
You must not use the Platform:
- •For any commercial purpose, resale, or distribution without our written consent
- •In any way that violates applicable Australian or international laws
- •To copy, scrape, or systematically extract content from the Platform
- •To submit false or misleading information during registration or use
- •In a manner that disrupts, overloads, or impairs the Platform's functionality
- •To attempt to access any part of the Platform you are not authorised to access
The Platform is designed exclusively for educational purposes related to NAPLAN preparation. Use outside this scope may result in account suspension or termination.
Account Responsibilities
To access most features of the Platform, you must create an account. You are responsible for maintaining the security of your account and for all activity that occurs under it.
Account Creation
- •You must provide accurate, current, and complete information when creating an account
- •Students under 18 require a linked parent or guardian account
- •One account per user — accounts may not be shared with other individuals
- •You must be at least 13 years old to create an account; users under 13 require parental setup
Account Security
- •You are responsible for keeping your password confidential and secure
- •Do not share your login credentials with anyone, including friends or family members
- •You must notify us immediately at support@smartnaplan.com.au if you suspect unauthorised access
- •We are not liable for any loss resulting from unauthorised use of your account due to your failure to keep credentials secure
SmartNAPLAN staff will never ask for your password. If you receive a request for your password claiming to be from us, treat it as fraudulent and contact us immediately.
Parental Consent
SmartNAPLAN is intended for use by students aged 5–13 under direct parental or guardian supervision. A parent or guardian aged 18 or over must register the account and supervise the child's use of the Platform. By registering on behalf of a child, you confirm that you are the parent or legal guardian of that child and that you consent on their behalf to the collection and use of their personal data as described in our Privacy Policy.
Subscriptions & Payments
SmartNAPLAN offers both a free tier and paid subscription plans. The features available depend on your subscription level.
Subscription Plans
Billing & Automatic Renewal
- •Paid subscriptions are billed in advance on a recurring basis (monthly or annually)
- •Your subscription automatically renews at the end of each billing period unless cancelled
- •You authorise SmartNAPLAN to charge your payment method for the applicable subscription fee upon each renewal
- •You will receive an email receipt for each billing transaction
- •Prices are displayed in Australian Dollars (AUD) exclusive of GST (10%). The GST-inclusive total is shown at checkout.
Your subscription automatically renews at the end of each billing period (monthly or annually) at the same rate, unless you cancel at least 24 hours before the renewal date. You will be charged the applicable subscription fee to the payment method on file. Cancelling stops the next renewal — it does not entitle you to a refund for the current billing period. To cancel, go to Account Settings → Subscription → Cancel Subscription, or email support@smartnaplan.com.au.
Cancellation
- •You may cancel your subscription at any time from your Account Settings
- •Cancellation takes effect at the end of your current billing period — you retain full access until that date
- •Cancelling before a renewal date prevents the next charge — it does not refund the current period
- •To cancel, visit Account Settings → Subscription → Cancel Subscription, or email support@smartnaplan.com.au
Payment Processing
All payments are processed by Stripe, a PCI-DSS Level 1 certified payment provider. SmartNAPLAN does not store or have access to your full payment card details. By providing payment information, you also agree to Stripe's Terms of Service.
You can view your billing history, update payment methods, and manage your subscription at any time from Account Settings. Receipts are automatically emailed to the address on your account.
NAPLAN Outcome Disclaimer
SmartNAPLAN provides NAPLAN-style practice questions and estimated band scores for educational preparation purposes only. SmartNAPLAN makes no guarantee that use of the Platform will result in any particular NAPLAN score or band. SmartNAPLAN is not affiliated with or endorsed by ACARA (Australian Curriculum, Assessment and Reporting Authority), the body that administers the official NAPLAN test.
Refund Policy
SmartNAPLAN's refund policy differs by plan type. Please read carefully before subscribing.
The Monthly subscription plan ($6.99 + GST/month per child) is not eligible for refunds under any circumstances. Due to the low monthly cost, we do not issue refunds for the Monthly plan. Cancellations take effect at the end of the current billing period and you retain access until that date.
If you are a first-time Annual plan subscriber and are not satisfied with the Platform, you may request a full refund within 7 days of your initial Annual subscription payment. To request a refund, email support@smartnaplan.com.au with your account email and the reason for your request. After the 7-day window, no refund will be issued.
If you are charged incorrectly due to a technical error on our part, we will refund the incorrect amount promptly. Please contact us within 30 days of the incorrect charge.
Accounts terminated for violations of these Terms are not entitled to refunds for any unused subscription period, regardless of plan type.
Australian Consumer Law Rights: Our products and services come with consumer guarantees under the Australian Consumer Law (ACL) that cannot be excluded. If the service is not fit for purpose, not of acceptable quality, or not as described, you may be entitled to a remedy — including a refund or re-performance of the service — regardless of our stated refund policy. Contact support@smartnaplan.com.au to discuss your circumstances.
Intellectual Property
All content, materials, and intellectual property on the Platform are owned by or licensed to SmartNAPLAN Pty Ltd, unless otherwise stated.
What We Own
- •All practice questions, quiz content, and practice test materials
- •Study plans, progress reports, and analytics features
- •The SmartNAPLAN brand, logo, and visual design
- •All software, code, databases, and technical infrastructure
- •All text, graphics, videos, and audio on the Platform
What You May Not Do
- •Copy, reproduce, or republish any Platform content without our written consent
- •Distribute, sell, or commercially exploit any content from the Platform
- •Use our brand, logo, or name in any marketing or commercial material
- •Create derivative works based on Platform content without permission
- •Reverse engineer, decompile, or attempt to extract source code from the Platform
User-Generated Content
Where the Platform allows you to submit content (e.g., writing practice responses), you retain ownership of that content. However, by submitting it, you grant SmartNAPLAN a non-exclusive, royalty-free licence to use that content to operate, improve, and maintain the Platform.
NAPLAN Trade Mark Disclaimer
'NAPLAN' is a registered trade mark of ACARA (Australian Curriculum, Assessment and Reporting Authority). SmartNAPLAN uses the term 'NAPLAN' solely to describe the type of assessment that its content is designed to help students prepare for. SmartNAPLAN is not affiliated with, endorsed by, or authorised by ACARA. All practice questions, practice tests, and content on the Platform are original works created by or licensed to SmartNAPLAN Pty Ltd and are not official NAPLAN test materials.
For licensing or content partnership enquiries, contact us at support@smartnaplan.com.au.
User Conduct
To ensure a safe, fair, and effective learning environment for all users, you agree not to engage in any of the following conduct:
🚫 Prohibited Actions
Violations of this conduct policy may result in immediate account suspension without refund, and may be referred to relevant authorities where applicable law has been violated.
Data & Privacy
Your privacy is important to us. How we collect, use, store, and protect your personal information is described in our Privacy Policy, which forms part of these Terms.
Our Privacy Commitment
- •We never sell your personal data or student learning data to third parties
- •Data is stored securely using encryption at rest and in transit
- •Student data is accessible only to the student and their linked parent or guardian
- •You have the right to access, correct, or delete your data at any time
Email Communications — Spam Act 2003
By creating an account, you consent to receive transactional emails relating to your account, subscription, and your child's progress (including password resets, billing receipts, and progress reports). If you opted in to marketing communications during registration or in Account Settings, you may also receive promotional emails. You can unsubscribe from marketing emails at any time via the unsubscribe link in any marketing email or through Account Settings → Communication Preferences.
Data Breach Notification
SmartNAPLAN uses industry-standard security measures including HTTPS encryption, hashed password storage, and access controls. In the event of a data breach likely to cause serious harm, we will notify affected users and the Office of the Australian Information Commissioner (OAIC) within 30 days, as required by the Notifiable Data Breaches (NDB) scheme under the Privacy Act 1988 (Cth).
Limitation of Liability
The Platform is provided "as is" and "as available" without warranties of any kind, express or implied. SmartNAPLAN does not guarantee that the Platform will be uninterrupted, error-free, or that it will produce specific educational outcomes or NAPLAN results.
No Guarantee of Results
SmartNAPLAN is a preparation and practice tool. While our content is curriculum-aligned and designed to help students improve, we make no guarantee of specific NAPLAN scores or outcomes. Student performance depends on many factors beyond the Platform.
NAPLAN Disclaimer: SmartNAPLAN provides NAPLAN-style practice questions and estimated band scores for educational preparation purposes only. SmartNAPLAN makes no guarantee that use of the Platform will result in any particular NAPLAN score or band. SmartNAPLAN is not affiliated with or endorsed by ACARA, the body that administers the official NAPLAN test.
Limitation of Damages
To the maximum extent permitted by Australian law, SmartNAPLAN's total liability to you for any claim arising from your use of the Platform is limited to the total amount you paid for your subscription in the three (3) months preceding the claim.
SmartNAPLAN is not liable for:
- •Indirect, incidental, special, or consequential damages
- •Loss of data, learning progress, or content due to technical issues
- •Temporary unavailability of the Platform for maintenance or unforeseen outages
- •Actions of third-party service providers (payment processors, hosting providers)
- •Any damages arising from reliance on information presented on the Platform
Nothing in these Terms excludes liability for fraud, death or personal injury caused by negligence, or any other liability that cannot be excluded under applicable Australian consumer law.
Progress Tracking & Database Limitations
Progress calculations on the Platform may occasionally be inaccurate, delayed, or temporarily unavailable due to database issues, server maintenance, or high load. We continually work to improve reliability, but we cannot guarantee that progress data will always be instantly or perfectly reflected.
- •Progress tracking may be delayed or temporarily incorrect due to database processing issues
- •The Platform may run slowly during peak usage periods or maintenance windows
- •SmartNAPLAN makes no guarantee regarding the real-time accuracy of scores, streaks, XP counts, or completion percentages
- •We endeavour to resolve database and performance issues as quickly as possible, but planned and unplanned outages may occur
Score & Band Calculations Disclaimer
SmartNAPLAN's score and band calculations are estimates for practice purposes only. They may not match the results produced by ACARA's official NAPLAN scoring and standardisation methodology. Official NAPLAN results are determined by ACARA using national scaling processes that are separate from SmartNAPLAN's algorithms. Any band scores shown on this Platform should be treated as indicative only.
- •SmartNAPLAN uses its own scoring algorithms and these may differ from official NAPLAN calculations
- •Band estimates shown on the Platform are designed to guide study — they are not a prediction of your official NAPLAN result
- •SmartNAPLAN is not affiliated with ACARA and has no access to ACARA's official scoring methodology
Report an Error or Bug
If you notice an incorrect calculation, a wrong answer, a scoring error, or any technical issue on the Platform, please report it to us at support@smartnaplan.com.au. We take all reports seriously and aim to investigate and resolve confirmed issues as quickly as possible.
Data Storage & Loss Disclaimer
SmartNAPLAN does not guarantee the permanent storage or retention of student progress data, quiz results, or any other user-generated data. In the event of a database failure, catastrophic system failure, or other unforeseen technical incident, data may be lost or unrecoverable. We strongly encourage parents to periodically review and record key progress milestones.
- •SmartNAPLAN is not liable for loss of student progress, results, certificates, badges, or other data arising from database failures, server incidents, or catastrophic technical events
- •Backups are performed regularly, but recovery is not guaranteed in all failure scenarios
- •We recommend parents keep personal records of important milestones and results
Preview Pages & Dashboard Accuracy
SmartNAPLAN's public marketing pages — including the Learning Dashboard preview, Daily Practice preview, and other feature showcase pages — are illustrative demonstrations only. The content, layout, data displays, and features shown on these pages may differ from what you experience inside your actual SmartNAPLAN student or parent dashboard. We do not guarantee that the publicly displayed previews accurately reflect the current state of the live platform at any given time.
AI-Generated Content & Credits
SmartNAPLAN uses artificial intelligence technologies to assist in generating, personalising, and enhancing certain platform content. By using the Platform, you acknowledge that some content you encounter may be wholly or partially AI-generated.
AI-Generated Content Disclosure
Some content on the SmartNAPLAN Platform — including but not limited to practice questions, explanations, feedback, study plan recommendations, and hints — may be generated or enhanced by artificial intelligence systems. While we review AI-generated content for quality and accuracy, we cannot guarantee that all AI-generated content is error-free or perfectly aligned with the official NAPLAN curriculum at all times.
- •Certain practice questions, worked examples, and explanations may be AI-generated or AI-assisted
- •AI-generated content is reviewed and may be periodically updated, but errors may exist
- •If you believe any AI-generated content on the Platform is incorrect, misleading, or inappropriate, please contact us immediately
If you have any concerns, queries, or complaints about AI-generated content on the SmartNAPLAN Platform, please contact us at support@smartnaplan.com.au. We take content quality seriously and will investigate all reports promptly.
AI Credits & Active Licence Requirement
Certain AI-powered features on the Platform (including but not limited to AI-assisted writing feedback, personalised recommendations, and AI-generated practice questions) may be allocated as "AI credits" under your subscription plan.
- •AI credits are made available as part of an active, paid SmartNAPLAN subscription
- •Unused AI credits do not carry over between billing periods and will reset to zero at the end of each subscription period
- •If your subscription lapses, is cancelled, or is otherwise not in an active state, your remaining AI credits will immediately reduce to zero and become unavailable
- •AI credits are non-transferable and have no monetary value — they cannot be redeemed, exchanged, or refunded
- •SmartNAPLAN reserves the right to modify, limit, or discontinue AI credit allocations with reasonable notice to subscribers
AI credits are forfeited immediately when an active subscription lapses or is cancelled. No refund or compensation is provided for unused AI credits at the time of subscription cancellation or expiry.
No Guarantee of AI Accuracy
Artificial intelligence systems, including those used on the SmartNAPLAN Platform, may produce inaccurate, incomplete, or inappropriate outputs. SmartNAPLAN provides AI-generated content on an "as is" basis without warranty of any kind, express or implied. We are not liable for any decisions made based on AI-generated content, nor for any inaccuracies in AI-generated practice materials.
Termination
Termination by You
You may stop using the Platform and delete your account at any time by going to Account Settings → Delete Account, or by emailing support@smartnaplan.com.au. Deletion is processed within 30 days. Subscription cancellation and account deletion are separate actions — please complete both if you intend to fully exit the Platform.
Termination by SmartNAPLAN
We reserve the right to suspend or permanently terminate your account, with or without notice, if:
- •You materially breach these Terms and fail to remedy the breach within 7 days of notice
- •Your account is used for fraudulent activity or in violation of applicable law
- •You engage in conduct that is harmful to other users, the Platform, or SmartNAPLAN
- •Continued operation of your account creates legal, security, or technical risk
Effect of Termination
Upon termination, your licence to access the Platform ceases immediately. Provisions of these Terms that by their nature should survive termination (including Intellectual Property, Limitation of Liability, and Governing Law) will continue to apply.
Changes to Terms
SmartNAPLAN may update these Terms from time to time to reflect changes in our practices, technology, legal requirements, or other factors.
- •The "Last updated" date at the top of this page reflects the most recent revision
- •For material changes — those that significantly affect your rights or obligations — we will notify you by email and/or in-platform notification at least 14 days before the changes take effect
- •Continued use of the Platform after the effective date of revised Terms constitutes acceptance of the updated Terms
- •If you do not agree with the updated Terms, you must stop using the Platform before the effective date
- •For changes that require fresh consent under Australian consumer law, we will request your explicit agreement before the change takes effect
Archived versions of previous Terms are available on request. Email support@smartnaplan.com.au if you need to review a prior version.
Governing Law
Australian Law Applies
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, and the Commonwealth of Australia, without regard to conflict of law provisions.
Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia. You irrevocably submit to that jurisdiction.
- •Australian Consumer Law (Competition and Consumer Act 2010): Our products and services come with consumer guarantees that cannot be excluded under Australian Consumer Law.
- •Australian Privacy Act 1988: Our data practices comply with the Act and the Australian Privacy Principles.
- •Electronic Transactions Act 1999: These Terms and any agreements made through the Platform are valid electronic agreements.
- •If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force and effect.
Dispute Resolution: Any dispute arising from these Terms will first be addressed through good-faith negotiation. If unresolved within 30 days, disputes may be referred to mediation in Sydney, New South Wales before commencing legal proceedings. Nothing in these Terms limits any right you have under the Australian Consumer Law — any limitation of liability in these Terms operates subject to, and does not override, your statutory rights under the ACL.
Contact Information
If you have questions, concerns, or need clarification about these Terms, please contact us through any of the following channels:
SmartNAPLAN Pty Ltd · ABN 18 158 633 508
PO Box 12345, Sydney NSW 2000, Australia
SmartNAPLAN Pty Ltd · ABN 18 158 633 508 · Registered in New South Wales, Australia
These Terms & Conditions were last reviewed and updated in July 2026. Version 4.1.