Terms of Use

Thanks for using Compass! We're glad to welcome you to our platform, but before you use it it is important to understand that there are some rules you need to agree to before you use our websites, products and services ("Services"). When we use the word "Services," we mean not only the "compass.education" domain, but also all the other websites, products, services 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). If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at contact@compass.education.


These Terms of Use (the "Terms") are a binding contract between you and Compass Education. ("Compass,", "we" and "us"). You must agree and accept all of the Terms, or you don't have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.

These Terms include the provisions in this document from other policies including our Privacy Policy, Cookie Policy, Acceptable Usage Policy, Apple Application Terms and Copyright Policy

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 policies. 

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.

All logins to our website including IP addresses, browser types and in some cases geographical information are recorded.

Login and access

In using our products or services, including logging into any of our sites or applications you agree to take all reasonable measures to protect your credentials and identity. Access to our platform is only permitted for the listed user of a registered account. 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 our 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 our platform, except for the sole purpose of accessing a parent account and performing standard functions. 

NOTICE TO THIRD PARTIES, SERVICE PROVIDERS AND CORPORATE ENTITIES
We take the privacy of our clients and user seriously. Further, we take steps to maintain the security of our platforms intellectual property. Unauthorised, impersonated or shared access to our platform 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). 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. 

Privacy

Compass is committed to ensuring the privacy of our clients, their clients and our users. For full information regarding our privacy management, please refer to our Privacy Policy above. 

Access to our core platform is through a service agreement with our clients (typically the data controller). In most cases our platform and company operate as a data processor, to provide the client with our products or services. From time-to-time, we may also provide services in which we request information from you, in these circumstances we may act as the data controller for the provision of the product or service.

We are committed to ensuring our compliance with international jurisdiction requirements and legislation and as such our agreements may make reference to privacy obligations, rules and acts from various countries, states and/or unions. 

Our clients may have additional obligations which they impose on the use of our service based on local or internal obligations placed on them. Our platform provides the ability for schools to share these with users as required. 


Copyright and Intellectual Property

Content which is uploaded to our platform is the sole responsibility of the person from whom such content originated from. 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. 

Our Web Site, including content, images, logos, text, designs, operation and method of administration is copyright. Copyright ownership throughout this website varies, and where specified, content ownership may remain with a third party content creator or organisation. 

Use of our trademarks or their associated logos without our express prior written permission is NOT permitted. The information contained on this website is subject to change without notice. While every effort is made to ensure the accuracy of the Web Site (including any published prices) we (regardless of whether the information is entered by us or our clients) are not responsible for typographical, technical, pricing or descriptive errors. 

In submitting electronic content you acknowledge that you are publishing document/s, multimedia, applications, music or other electronic content of which you are the copyright owner, or hold express permission from the copyright owner for publication and/or distribution. Publishing of copyrighted material without the copyright owners consent is not permitted unless permitted under copyright and intellectual property laws. Uploading of large documents is not permitted (files that exceed 50mb). Uploading of sensitive information (as defined by relevant state/territory Privacy Acts) is not permitted. In uploading content, you agree that the content is of an acceptable nature for business and educational circulation. Uploading of discriminatory, pornographic, adult, offensive, abusive and or defamatory material and content is not permitted and may render you liable to disciplinary, civil and or criminal charges. Compass Education (including affiliated entities) takes no responsibility for the content uploaded. Compass Education reserves the right to suspend or remove content at any time without notice. Backup copies of any published documents should be made by the content distributor prior to publication. Compass Education takes no responsibility for any loss of data or resources. Please make obvious any copyright or intellectual property rights you may hold over this resource.

For more information refer to our Copyright Policy.


Enrolments

We offer online enrolments as a 'convenient option' for completing your school enrolment online. 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 the user agrees 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. We are committed to protecting your information, as such these details are not distributed by us to any third parties. Should you not agree with any of these terms and conditions, including this section and all other relevant sections you should NOT use our online enrolment system, instead you should contact the relevant school requesting a manual registration form. 


Communication

We reserve the right to email you regarding client promotions, alerts and special offers that we or our clients believe may be of interest to you. We respect your right not to receive these communications and request that you notify us by email advising us if you do not wish to receive these communications. You acknowledge that our clients may choose to notify you through our Web Site or solutions and acknowledge that while we provide this service, we do not necessarily control to whom communications are sent to. Should you not wish to receive communications from particular clients please contact them directly. If you are unable to find contact details for the client please contact us support@compass.education and will provide these details to you.


Continued development and service changes

Compass is a dynamic learning tool, so the Services will change over time. We may change, suspend, 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 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 that Content in violation of these Terms), or without any reason, and without notice.


Apple store apps

These terms apply to your use of all of our products and services. Additional terms apply to use of the Compass apps available on the Apple App Store. Please refer to our Apple Application Terms. 


Advertising

The majority of our platform is without advertising. However in some modules and/or during specific periods we may display advertisements appropriate to the audience, module and portal. We reserve the right to display advertisements (including targeted advertisements) on our Web Site.

Disclaimer

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, copyright compliance, legality, or decency of material contained in or accessed through the Services. 

We make no representations or warranties regarding suggestions or recommendations of services or products (including Publisher Software) offered or purchased through the Services. In providing any suggestions to us, you agree and accept that you release and/or transfer all rights with regard to intellectual property to us, for the purpose of developing the platform. 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 welcome your comments or suggestions for improving or further developing our solutions or product offerings. However, any comments, feedback messages, ideas, concepts, graphics, notes, designs, colour schemes, suggestions, recommendations and functionality shall be and remain the exclusive property of us (or our affiliated companies) upon receipt. Your submission of any such comments shall constitute an assignment to us of all rights, titles and interest in all copyrights and other intellectual property rights of the attached material. 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. 

Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided "AS IS" and without any warranty of any kind from Compass or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). 

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 AND UNDER NO LEGAL THEORY (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, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO COMPASS IN CONNECTION WITH THE SERVICES IN THE SIX (6) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. 

Transfer of business

In the unlikely event that the assets and operations of the Web Site business are transferred to another party as a going concern, the personal information collected by the Web Site will be provided to the new business operator. However, it will remain subject to the privacy safeguards set out in the Website 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 attorneys' 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 your account (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

These Terms are governed by and will be construed under the laws of the State of Victoria, Australia, without regard to the conflicts of laws provisions thereof. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the Australian Courts located in Victoria.

Conclusion

You will be responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. 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 of this Agreement 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, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). 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.