Terms of Use

Thanks for using Compass! We're glad to welcome you, but before you use our Services (defined below) it is important to understand that there are some rules you need to agree to before you use our Services.


For customers based in Australia, the United States and other countries, this Privacy Policy “we” “us” “Compass” refers to Compass Education Pty Ltd, a company registered in Australia, having its registered office at 74 Doncaster Road, Balwyn North, Victoria, Australia 3104.

For customers based in the EU, Ireland and the United Kingdom in this Privacy Policy “we” “us” “Compass” refers to Company International Ltd, a company registered in England and Wales with company number 12235247, having its registered office at Griffin House, 135 High Street, Crawley, RH10 1DQ.

When we use the word "Services" we mean the "compass.education" domain, all the other websites, products, services, provision of software, the Compass Platform and applications made available by Compass (for example, the Compass School Manager Android app available via the Android Marketplace, and the Compass School Manager App for iPhone and iPad on the Apple App Store).

These Terms of Use (the "Terms") are a binding contract between you and Compass.

By using the Services, you confirm that you accept these Terms and that you agree to comply with them. These Terms will remain in effect while you use the Services.

If you do not agree to these Terms, you must not use the Services.

We recommend that you print a copy of these Terms for future reference.

If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at legal@compass.education

 

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These Terms refer to the following additional terms (“Additional Terms”), which also apply to your use of the Services:

·       Privacy Policy;

·       Cookie Policy;

·       Acceptable Usage Policy;

·       Apple Application Terms.

There may also be additional terms which relate to a specific service or product we provide to you.

 

WE MAY MAKE CHANGES TO THESE TERMS

Our Services are constantly changing, to keep up with the dynamic needs of our clients and end users - so, these Terms might need to change, too. Where possible we will look to provide you with appropriate notice of any change to these Terms or any of our Additional Terms, including any newly introduced terms.

Every time you wish to use the Services, please check these Terms to ensure you understand the Terms that apply at that time.

If you don't like the new Terms, you are free to reject them - unfortunately, that means you won't be able to use the Services anymore. If you use the Services in any way after a change to the Terms is effective, then please remember that means you agree to all of the Terms.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

 

WE MAY MAKE CHANGES TO OUR WEBSITEs or applications

Compass is a dynamic learning tool, so the Services will change over time. We may change, suspend, update  or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We'll try to give you reasonable notice when we make a material change to the Services that would adversely affect you, but this isn't always practical. Similarly, we reserve the right to remove any content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed content in violation of these Terms), or without any reason, and without notice.

Use of the websites, Compass Platform and applications are provided to you free of charge and under our agreement with the school who provided you with access, the school pays all relevant fees.   You therefore acknowledge that the websites, Compass Platform and applications  may be withdrawn at any time if our agreement with the school terminates for any reason.

 

WE MAY SUSPEND OR WITHDRAW OUR WEBSITE AND/or APPlications

We do not guarantee that our websites, applications and the Compass Platform, or any content contained on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our websites through your internet connection are aware of these Terms and Additional Terms, and that they comply with them.

 

Login and access

In using the Services, including logging into any of our websites, applications and the Compass Platform you agree to take all reasonable measures to protect your credentials and identity. You will keep your account details private and not disclose any account details to any individual not authorised to receive them and will use your best efforts to protect the security of your account and portal.  Access to the Compass Platform is only permitted for the listed user of a registered account. Unauthorised, impersonated or shared access to the Services is strictly prohibited. The use of accounts, to which you are not the account holder, cannot be used under any circumstances. For integration enquiries, you should contact our team - support@compass.education. Logging into our system as another person or using an account of which you are not the listed account holder is strictly prohibited. Access to the websites, applications and the Compass Platform for the purpose of market research, third-party integration (including automated or manual processes) is not permitted. Under no circumstances are vendors, integrators, partners, competitors or other third party service providers permitted to log in to the Compass Platform, except for the sole purpose of accessing a parent account and performing standard functions in a personal capacity.

Any identified use of generic, shared or service accounts (to which you are not a listed party) to our platform may result in criminal, administrative or civil action being taken against you and/or the person who shared their credentials. We operate security mechanisms to identify attempts at screen scraping, bot use and script automation.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@compass.education

All logins to our websites, applications and the Compass Platform including IP addresses, browser types and in some cases geographical information are recorded and such information is stored in accordance with our Privacy Policy.

Please note that you will be given access to create your login and account from the school with whom we contract to provide the websites, applications and Compass Platform. The school controls who may access the Compass Platform and you account details will therefore be logged and may be monitored by the school to ensure integrity of log in details on the Compass Platform. 


Privacy

Compass is committed to ensuring the privacy of its clients, their clients and our end users. We will only use your personal information as set out in our Privacy Policy. For full information regarding our privacy management, please refer to our Privacy Policy.

 

Copyright and Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Services, and in the material published on or websites, applications and the Compass Platform. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our websites, applications and the Compass Platform for your personal use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our websites, applications and the Compass Platform must always be acknowledged.

Unless otherwise agreed with you, you must not use any part of the content on our websites, applications or the Compass Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our websites, applications and the Compass Platform in breach of these Terms, your right to use our Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Where we hold registered trade marks in a specific jurisdiction you are not permitted to use them without our approval, unless they are part of material you are using as permitted by us.

Use of our trade marks, or associated logos, without our express prior written permission is not permitted.

 

CONTENT

Whenever you make use of a feature that allows you to upload content to our websites, applications or the Compass Platform, or to make contact with other end users of our Services, you must comply with the content standards set out in our Acceptable Usage Policy

Any content you upload to our websites, applications or the Compass Platform will be considered non-confidential and non-proprietary.

You retain all of your ownership rights in your content, but you are required to grant us and other users of our Services a limited licence to use, store and copy that content and to distribute and make it available to third parties. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our websites, applications or the Compass Platform constitutes a violation of their intellectual property rights, or of their right to privacy.

Content which is uploaded to the Compass Platform, applications or websites is the sole responsibility of the person from whom such content originated from and must comply with the Acceptable Usage Policy. You access all such information and content at your own risk, and we are not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the content or what actions you may take as a result of having been exposed to the content.

The views expressed by other users on our websites, the applications or the Compass Platform do not represent our views or values.

If you wish to complain about content uploaded on our websites, the applications or the Compass Platform by other users, please contact us on support@compass.education

Compass reserves the right to suspend or remove content at any time without notice. Compass takes no responsibility for any loss of data or resources. You are solely responsible for securing and backing up your content.

We do not store terrorist content.

 

DO NOT RELY ON INFORMATION ON THIS SITE

The content provided through our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content provided through our Services.

The information provided through our Services is subject to change without notice and is not necessarily provided by our company. Although we make reasonable efforts to update and monitor the content provided through our Services, we make no representations, warranties or guarantees, whether express or implied, that the content (including any published prices) is accurate, complete or up to date and we are not responsible for typographical, technical, pricing or descriptive errors.

In the event you are unsure of the validity of any content on our platform, please contact our support team at support@compass.education

 

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our websites, applications or the Compass Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

 

RULES ABOUT LINKING TO OUR WEBSITEs

You may link to our websites home pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our websites in any website that is not owned by you.

Our website must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

 

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

While we take measures to limit and minimise exposure to viruses, bugs and similar technology threats we do not guarantee that our websites, applications and the Compass Platform will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our websites, applications and the Compass Platform. You should use your own virus protection software.

You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which our websites are stored or any server, computer or database connected to our websites. You must not attack our websites or applications via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

 

Location Services

 Some of our Services may offer the use of location services. Location services refers to the use of location based technologies including but not limited to GPS, IP address, mobile tower location and our iBeacon solutions. In the event that one or more of our solutions offer location services, you may receive a prompt when you use the Services. Where applicable, you may choose to enable or disable location services at any time, through your device and/or browser.

 We use location services for, but not limited to, the following purposes:

·       Intelligent prompting or filtering of address field information (eg. we may use your location to assist in entering addresses, by tailoring results based on your region);

·       Point-of-interest services (we are currently trialling how we can better support schools in offering extended field trip information, point of interest details and services across notable locations in key cities);

·       Extended application options (some schools may or limit some functionality to apps or services, based on your location. eg. If you are in the general office/reception of a school you may have additional options made available to you on your device, such as visitor sign in, student arrival options, etc);

·       Security and or verification (We may cross reference a combination of Location Service features to improve the accuracy and speed of a validation activity);

·       Field Trip tracking (Schools may elect to monitor the location of field trips and school buses);

·       Portal selection or suggestions (when you access Compass for the first time or to add additional accounts, we may use your location to assist us in filtering your school from across our client lists);

·       School enrolments (to support the rapid identification of nearby schools and provide tailored lists that hide schools in unrelated jurisdictions).

 You will receive a prompt in the event that location service functionality may be available on your device. Where possible and practical, use of core features will not be dependant on this functionality. In the event you do not enable location services, some aspects of the Compass Platform may not be available to you.

 

Enrolments

We may offer online enrolments as a 'convenient option' for completing your school enrolment online, where applicable. Importantly, completion of, payment of and/or receipt of an enrolment 'offer' does not bind the client (school) to provide you or your child a position or enrolment at the school.

Further, under no circumstances do we and/or the client provide any warranty, guarantee or formal confirmation of acceptance to a school and/or educational institution. In using this service you agree to waive any liability (implied, direct and/or consequential) to us (including the relevant client), as permissible by law, with regard to the validity of the offer. We reserve the right to revoke an offer at any time. In the event that an offer is revoked after a payment has been received or processed, we will refund any monies as soon as possible (usually within 2 business days).

During the enrolment process, a number of details are collected on behalf of the school which we store in accordance with our Privacy Policy. Should you not agree with any of these Terms you should not use our online enrolment system, instead you should contact the relevant school requesting a manual registration form.

 

LiveChat

We offer live chat to some users and clients across our platform. LiveChat is an optional feature and allows us to provide rapid, text-based support to end-users. The LiveChat platform is provided through a third-party tool to which we have no control and as such should not be used for the transmission of personal, sensitive, financial or confidential information. We exclude all liability in relation to LiveChat and recommend that you familiarise yourself with LiveChat’s terms and condition and their privacy policy. A copy of the LiveChat privacy policy is available here https://www.livechatinc.com/privacy-policy/

 

Apple store apps

Additional Terms apply to use of the Compass applications available on the Apple App Store. Please refer to our Apple Application Terms.

 

Advertising

We reserve the right to display advertisements (including targeted advertisements) on our websites, applications and the Compass Platform. Any advertising will be in line with school services and may be published by your school administrators from time to time. 

We monitoring advertising across our platform closely and while we are unable to control school content, in the event you believe any advertising is inappropriate  please notify our team at support@compass.education.

 

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Compass does not make any representations or warranties concerning any content contained in or accessed through our Services, and we will not be responsible or liable for the accuracy, legality, or decency of material contained in or accessed through the Services.

We make no representations or warranties regarding suggestions or recommendations of Services.

Please note that we only provide our Services for teachers and parents of the schools that pay for use of our services and the websites, applications and Compass Platform for use by its teachers and parents. You agree not to use our Services for any commercial or business purposes,  or any other use and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Please note that we have a contract in place with the school for making the Compass Platform, websites and applications a available for end users that the school nominates to use the services and to provide access to the compass Platform, websites and applications. That contract is separate to these Terms of Use.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

OUR SERVICES, CONTENT, WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL COMPASS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, OF £100.

 

SUGESSTIONS

We welcome your comments or suggestions for improving or further developing our solutions or product offerings. However, all rights with regard to intellectual property in any comments, feedback messages, ideas, concepts, graphics, notes, designs, colour schemes, suggestions, recommendations and functionality shall transfer to us (or our affiliated companies) upon receipt. If you are not agreeable to releasing any Intellectual Property for an idea, enhancement or suggestion to us - please do not send it to us.

 We will be entitled to use, reproduce, sell, disclose, publish and distribute any material you submit for any purpose whatsoever without compensating you in any way. For this reason, we request that you do not send us comments that you do not wish to assign to us. We further ask that you do not send any confidential information to us that you do not wish to be kept on record.

 

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

Unless otherwise stated in the Terms we provide or agree with you, we may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

 

TRANSFER OF BUSINESS

In the unlikely event that the assets and operations of Compass are transferred to another party as a going concern, the personal data Compass processes will transfer to that third party in accordance with the Privacy Policy.

 

INDEMNIFICATION

You agree to indemnify and hold Compass, its affiliates, officers, clients, agents, employees, contractors, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including legal fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will provide notice of the Claim to the contact information we have for you (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

 

ASSIGNMENT

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Compass' prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

 

JURISDICTION

Please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

 

GENERAL TERMS

The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.

If any provision in these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.

You and Compass agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Compass, and that it supersedes and cancels all previous written and oral agreements (excluding Client Agreements), communications, and other understandings relating to the subject matter of these Terms.

No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Compass in any respect whatsoever.