Legal Agreements

Terms of Services (User Agreement)

Effective 26/04/2020

Definitions

“company IP” includes, but is not limited to, the contents, layout, design, colours, appearance, graphics, algorithm, source code and imagery of the website, content and materials as well as all copyrights, trademarks, trade secrets, patents and other intellectual property contained in the service, content and materials.

“Content” means any content, writing, images, audio-visual content or other information published on the service.

“Effective Date” means the date that this Privacy policy comes into force.

“Goods” means any or all goods or services provided by or on the service.

“Items” means any and all of the services, goods, services, content and materials collectively.

“Liability” means liability, however, arising, whether independent of the contract or in contract, in tort, in equity or under the legislation and whether the conduct giving rise to such liability was wilful, negligent or otherwise.

“Aggregate Liability” means all liability, whether such liability arises from one or more claims, events, circumstances, acts, representations, misrepresentations, defaults or omissions and irrespective of the fact whether such liability is owed by or to more than one party.

“Materials” means any materials, information or documentation that We may provide to you in connection with your use of the Goods or Services or Service including documentation, data, information developed by Us or owned by Us, and other materials which may assist in your use of the Goods or Services or Service.

“Parties” means you (the user of this service) and us (the owner of this service) collectively.

“Personal information” means information that we obtain from you in connection with your use of the service.

“Privacy policy” means the privacy policy posted on this service.

“Terms” or “Terms of Service” means the terms stated on this page.

“User agreement” means the “Terms” or “Terms of Service.”.

“Service” means this website including all pages, all subpages, all blogs, all forums, all other connected pages and all other related internet content whatsoever, the home page or main page of which is located at www.applyassist.com.

“Services” means any or all services provided by the service.

“Third-party links”means links or references to websites other than this service, to content other than the content or materials other than the Materials, none of which are controlled by Us.

“Third party service provider”means a third party, separate from us or our company but which provides services that assist us in serving you. This may include but is not restricted to web hosting, IT services, security services, payment processing, deliveries, customer service, order fulfilment or other services.

“Us”“we”“our”“the company” or “the owner” refers to Touchstone Education Asia Pacific Pty. Ltd. a company formed and operating in Australia.

“Us”“we”“our”“the company” or “the owner”also includes any employees, affiliates, agents or other representatives of Touchstone Education Asia Pacific Pty. Ltd.

“You” or “your”refers to you as the user of the website.

“Your content” means any content posted to or added to the website, content or materials by you or by somebody authorized by you or doing so on your behalf.

INTERPRETATION

Unless the context otherwise requires, the following rules of interpretation shall apply:

  1. references to one gender include every other gender.
  2. singular includes the plural, and vice versa.
  3. references to a person or persons include companies, firms, corporations, organizations and vice-versa.
  4. headings and titles are for convenience only and shall not affect the interpretation of the contents stated herein.

OWNERSHIP

www.applyassist.com (“service” or “site” or “website”) operated by Touchstone Education Asia Pacific Pty Ltd, Australian Company Number 622 292 479, a company duly registered under the relevant provisions of laws of the Commonwealth of Australia after this, for the sake of brevity, is referred to as “the company”.

1. OBJECTIVE

This privacy policy (hereinafter ” privacy policy”) deals with the protection of your privacy while you use our website which is hereinafter referred to as “the service” or “this service” or “the website” or “this website” and which is located at www.applyassist.com.

We are committed to the protection of your privacy. This privacy policy only applies to this service. This service may contain links to other websites or applications, but if that is the case, the privacy policy does not apply to any of those linked websites or applications.

We gather certain information from users of the service, so this privacy policy explains what information we collect, how we use it, and your rights in relation to it.

Each party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to this privacy policy and the events contemplated by it.

Any obligation on a party not to do something includes an obligation not to allow that thing to be done.

2. USER CONSENT

By continuing to use this service you acknowledge that you have had the chance to review and consider this privacy policy, and you acknowledge that you agree to it. This means that you also consent to the use of your information and the method of disclosure as described in this privacy policy. If you do not understand the privacy policy or do not agree to it, then please do not use this service.

3. YOUR INFORMATION AND HOW IT IS COLLECTED

When you use the service, we may collect information from you through automatic tracking systems (such as information about your browsing preferences).

In addition, we may collect information that you provide to us. This includes but is not limited to the information that you provide during a sign-up process or login process or at other times while using this service.

In order to access all the features of this service, you are required to log in as a user. you are automatically registered as a user of this service the first time you log in. We collect some your personal information, in the following manner:

1. We will not collect information that identifies you personally, except when you specifically volunteer that information to be provided to us.

2. The information that we will collect from you includes: your legal name, your date of birth, your contact details (email ID, phone or mobile number), gender, your marital status, composition of your family, your financial information, your educational and other preferences, your education, training and employment history and hostnames, IP and server addresses.

By logging in to this service, you consent to us collecting your personal information, including the personal information described in this clause and other clauses anywhere else in this policy.

1. You also consent to us collecting any other personal information as well as storing, using or disclosing your personal information in accordance with this privacy policy that will allow you to making purchases on this service or receiving notifications by text message or email about events and promotions or receiving general emails from us or commenting on our content such as blogs, articles, photographs or videos, or participating in our forums, bulletin boards, chat rooms or other similar features or surveys and/or over the phone.

2. You may be required to provide more specific information. For example, in order to make purchases, you may need to provide credit card information, billing information and postal addresses.

3. From time to time we may request information from you to assist us in improving our service, goods, services, content or materials. For example, we may ask you to answer some questions about your demographics, your preferences, or your other preferences in relation to your use of this service.

4. COOKIES AND SIMILAR TECHNOLGIES

Cookies are files stored on your computer or mobile device which collect information about your browsing behavior.

When you use this service, we and selected third parties may use cookies and similar technologies to provide you with a better, faster and safer user experience or to show you personalized results.

5. TRANSMISSION AND STORAGE OF INFORMATION

Transmission of information via the internet, or the electronic storage of data, may not be completely secure.

However, we take the protection and storage of your personal information very seriously. We take all reasonable steps to protect your personal information.

We use appropriate physical, digital, managerial, and security systems to store and manage your personal information and to protect it against unauthorized access, destruction or disclosure.

6. THIRD PARTIES

We may provide some or all of your personal information from time to time to third party service providers so that they can help us to serve you via this service. In particular, we may use third party service providers to assist with information storage and transmission (e.g., cloud storage).

We may provide some of your personal information to third party service providers for the purpose of analyzing data or tracking usage. For example, we may use these services to find out where page requests come from, dates and times of page requests, details of any website that referred you to the service and other information about your usage of the service. This information enables us to understand patterns of usage of the service and to improve the service.

We may use third party service providers to host the service. If this occurs, that third party service provider is likely to have access to your personal information.

We may use third party service providers to fulfil orders or requests in relation to the service.

We will not sell your personal information without your approval except for circumstances provided by this privacy policy.

Notwithstanding the other provisions of this privacy policy, we may provide your personal information to a third party or to third parties in order to protect our rights, property or safety, or of our customers or third parties, or as otherwise required by law.

We will share information with the education providers and other third parties where the assistance of third parties is required for the delivery of services.

We may also provide your personal information to any third parties where this service is sold as part of sale of business or individually.

We will not knowingly share your personal information with any third parties other than in accordance with this privacy policy.

7. COMBINING INFORMATION

We may combine, link or aggregate some of your information in order to obtain a better understanding of your requirements. This may enable us to better design the service and may also assist with our business or administration requirements.

8. USE OF YOUR PERSONAL INFORMATION

We use your personal information to help us improve your experience with our Service. We may use your personal information for purposes, including but not limited to:order fulfilment, provision of customer service, marketing and advertising, including both direct and indirect marketing and advertising and including marketing and advertising about services that may interest you based on your personal preferences or advising you about updates to the service or related or service development or provision of education counselling and related

9. VULNERABLE USERS

We may collect information from specific categories of users who may be particularly vulnerable, including school children and disabled children. Information collected from vulnerable users in accordance with this clause is collected for the purpose of: order fulfilment, provision of customer service, marketing and advertising, including both direct and indirect marketing and advertising and including marketing and advertising about services that may interest you based on your personal preferences or advising you about updates to the service or related events or service development or 6. provision of education counselling and related services

10. MERGER, RESTRUCTURE OR SALE OF BUSINESS

Part or all of our business may be merged, restructured or sold including but not limited to through an ordinary sale of the business or stock, a corporate reorganization, a change in control, bankruptcy or insolvency proceedings.

If such a merger, restructure or sale occurs as described in the preceding sub-clause hereof, we may transfer your personal information, including personally identifiable information, as part of that merger, restructure or sale.

11. INFORMATION YOU RELEASE

You acknowledge and agree that if you publish or submit personal information in publicly accessible sections of this service (such as forums, bulletin boards, chat rooms, or other similar sections), then you are solely responsible for the release of that personal information. We are not liable or responsible in relation to the release of that personal information.

12. EMAIL OPT-IN/OUT

If you receive an email from us in relation to the service and would prefer not to receive such correspondence in the future, you may follow the instructions in the email to opt-out of future communication. We will make all reasonable efforts to comply with your requests promptly.

However, you may receive subsequent communication from us while your request is being handled.

13. ACCESSING, UPDATING, CORRECTING AND DELETING YOUR INFORMATION

You have the right to request access to any of your personal information which we are holding.

You have the right to request that any of your personal information which we are holding be updated or corrected or deleted.

In order to request access, update, correct or delete your personal information that you have fed into our portal, you will need to identify yourself (via registered email or calling us from your registered phone number and confirming a few security questions), or contact us by logging into your account and submitting a request. Updating, correction or deletion shall be done within 7 workdays of such an approved request (although this cannot be guaranteed), and a confirmation email sent back to the registered email of the request.

14. DISCLAIMER REGARDING SECURITY

By using this service, you agree to the terms of this privacy policy. You acknowledge, agree and accept that no transmission of information or data via the internet is entirely secure. You acknowledge, agree and accept that we do not guarantee or warrant the security of any information that you provide to us, and that you transmit such information at your own risk.

15. CHANGES TO THIS POLICY

We may make changes to this privacy policy at any time in our sole discretion.

If We make changes to this Privacy policy, your continued use of the service after the date that the changes take effect confirms that you

16. PRIVACY POLICY COMPLAINTS

We take customer satisfaction very seriously. If you have a complaint in relation to our handling of your personal information, we will endeavor to handle it promptly and fairly.

For your information, an overview of our privacy policy complaints handling procedure is as follows:

1. Any complaints are forwarded to our complaints officer for review. We aim to review all complaints within Seven (7) work days of receiving them (although this cannot be guaranteed). If necessary, the complaints officer may then refer the complaint to another section within our organization for consideration. If further information is required, we may contact you to request that information. If we accept fault in relation to the complaint, then we will propose a resolution (which may or may not be the same as any resolution proposed by you). If We do not accept a fault, then we will contact you to advise you of

2. We endeavor to respond within 21 work days, although we cannot guarantee this. We aim to complete this entire process within 30 work days, if we are provided complete information in the first place (although this cannot be guaranteed). However, if you do not provide complete information, then this is likely to delay the handling of your complaint. A complaint should be submitted from your account describing the nature of your concern or complaint, including any relevant dates, people involved, any consequences that have occurred, and what you believe should be done to rectify the problem.

17. CONTACTING US

You can write to us about this privacy policy using the contact form or send us a message using the inbox (logged-in app users).

Touchstone Education Asia Pacific Pty Ltd