TERMS OF SERVICE (USER AGREEMENT)

Effective 26/04/2020

DEFINITIONS

“Company IP” includes, but is not limited to, the contents, layout, design, colors, 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 all 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 willful, 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 The Great Learning Tree 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 The Great Learning Tree 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.recrutd.com or any of its country specific version (“service” or “site” or “website”)

operated by The Great Learning Tree Pty Ltd, Australian Company Number 145 031 563, 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

These terms provide that if you and the company are unable to resolve any disputes that arise between you and the company and the dispute is not resolved informally, or through mediation, the dispute will be determined by binding arbitration.

Arbitration uses a neutral arbitrator instead of a judge or jury and may be subject to very limited review by courts.

Arbitrators can award the same damages and relief that a court can award. You and the company also agree that any claims or disputes cannot be brought as a class action. Please carefully review the dispute resolution section below if you do not accept the arbitration provision below, you should not use the service.

2. EXPRESS CONSENT

By proceeding to access this service or logging in, you are expressly agreeing to comply with and be bound by all the terms of this agreement, the privacy policy, and all the rules, policies and disclaimers posted on this service or about which you are notified (collectively called “terms”). If you do not agree with all the terms, do not use this service. Please review all the terms carefully before using this service.

By using this service, you agree to be bound by the terms, represent that you can form legally binding contracts or are a parent accessing this service on behalf of your child.

You expressly agree and acknowledge that by using this service or Service you are accepting a benefit that cannot be disgorged.

You represent that you are neither located in a sanctioned country nor a prohibited person or a person disqualified to enter a valid contract.

When you visit this website or send us emails, you are communicating with us electronically.

You consent to receive communications from us electronically.

We will notify you by email or by posting notices on this service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy the legal requirement that such communications be in writing.

You agree to provide us with, and maintain in your account, your current and active email address.

3. MODIFACTIONS

The latest terms will be posted on the service, and you should always review them before using this service.

The company may modify any of the terms at any time by posting them on this service, without any notice. Changes shall automatically be effective upon posting; provided, however, that changes that the company, in its sole discretion, deems material changes to the terms will be effective as to an existing user upon the earlier of:

1. the agreement with the user; or
2. thirty (30) days after notice to the existing user, either via email to the user’s email address with the company or via other means including but not limited to a pop-up or banner, message or a conspicuous notice on the company website.

If you affirmatively agree to the new terms, your Agreement will be effective immediately.

You agree to make all necessary arrangements so that you (and not your spam filter) receive all emails from the company email addresses.

Your continued use of the service will signify your acceptance of the changes. However, if you do not accept the changes, your sole and exclusive remedy is to discontinue using the service, or due to non-acceptance of the modified terms, your account may be suspended or terminated.

4. THE SERVICE

The service allows users to be matched to programs of study and submit requests to the company to enrol in a program of study.

Information and assessment provided by us are to be used by you for general information purposes only.

We do not offer legal advice nor propose any specific course of actions for a customer.

By providing you with this service, we do not intend to form or create an agent-client relationship in any manner unless we agree to such a relationship.

Nothing on this website constitutes or is meant to constitute, an advice of any kind. If you require advice in relation to any legal, accounting, financial, taxation or medical matter you should consult an appropriate professional.

5. ACCOUNT AND CONFIDENTIALITY

You should only create one account on the service. If your account has been suspended or terminated, you may not create another account on this service.

You are responsible for maintaining the confidentiality of your username, password, and account data, and you shall not share this information or your account with anyone else, and you will be solely responsible for all acts or omissions that occur under your account.

You will immediately notify the company of any unauthorized use of your password or account.

The company shall not be responsible in the event of any misuse or unauthorized usage of your account or any cyber law violations in any region or country.

You agree to keep your contact and information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information.

6. YOUR USE OF THIS SERVICE

You agree that any content or information you provide on this service and your use of our service is for informational purposes only and shall not:

1. be fraudulent, inaccurate or misleading.
2. infringe any third party’s proprietary rights or rights of publicity or privacy (the company has adopted take-down procedures for unauthorized use of copyrighted material)
3. be illegal nor violate any laws, statutes, ordinances, regulations or ethical code.
4. have the aim of competing with the company.
5. be defamatory, trade libelous, unlawfully threatening or unlawfully harassing or amount to commission of any cyber laws.
6. be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, but without containing child pornography.
7. contain any viruses, trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
8. create liability for the company or cause the company to lose in whole or in part the services of our ISPs or other suppliers; or
9. link directly or indirectly to or include descriptions of goods or services that are prohibited under the terms or that you do not have a right to link to or include.

You shall not consummate any transaction that was initiated using our service that, by paying us a fee, could cause us to violate any applicable laws, statutes, ordinances or regulations anywhere. Furthermore, you may not resell or make any commercial usage of our system or the content on our service without our prior written consent.

We do not knowingly collect personal information from children under 16 years of age. If we become aware that a child under the age of 16 has submitted personal information to us, we will promptly remove it from our systems.

At any time, with or without notice, and without assigning any reasons whatsoever, the company reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the Service, and to restrict, suspend and terminate user accounts.

By accepting these terms, you agree to receive coupons, special offers, and other communications from the company as per the terms of the privacy policy.

You acknowledge that the company and its licensors and suppliers own the rights to this website and the content displayed on the service. You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the website or assist any other person or entity in doing so.

You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the service, by the company, the company users, or the company advertisers or other content providers, is protected by Copyrights ©, Trade Marks ™, Service Marks(SM), patents or any other intellectual property rights or proprietary rights and laws.

You shall not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, whether done directly or through intermediaries (including, but not limited to, employing spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) including code and software for commercial purposes.

For permission to use third-party materials appearing on the service, please contact the relevant copyright© owner.

You do not acquire ownership or proprietary rights to any content, document or other materials viewed through the service. The posting of information or materials on the service does not constitute a waiver of any nature of any right in such information and materials.

Any access to or use of service’s design, to develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or inter-operation with the company (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent or automate technological security measures or restrictions, or flag content) without the prior written authorization of the company is prohibited.

This prohibition applies explicitly but is not limited to, software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or which may come into existence and usage in the future.

If you access the service or copy, display, distribute, perform or create derivative works from content displayed on the service or other intellectual property in violation of the terms of service or for purposes inconsistent with the terms of service, your access, copying, display, distribution, performance or derivative work will be construed as to be unauthorized. Circumvention of any technological restrictions or security measures of the company or any provisions of the terms of service that restrict content usage, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of this service’s webpages on your computer or computer server constitute “copies” under the applicable legal provisions.

Content from this service may not be used or exploited for any commercial and non-private purposes without our prior written consent.

7. CONTENT USAGE RIGHTS

You agree that posts on the service, materials, ideas, comments and testimonials you submit on the service or other venues, including but not limited to the site blogs; the company venues on www.facebook.com, www.twitter.com, www.linkedin.com, www.youtube.com, www.pinterest.com, www.flickr.com; the site administrator or any employee, officer or agent of the company (“user content”), will not be considered confidential and may be used by the company, in its sole discretion, without any obligation to compensate for use of or to return any submitted materials.

You also agree that the company owns, and has the right to register in its name, Trademarks™ and Service Marks for any category names that you create on the company, so do not use a category name that you want to reserve for your benefit. The company may use other Trademarks™ or Service Marks in place of the category names that you create.

You grant the company a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sub-licensable (through multiple tiers) right to exercise the Copyright©, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works thereof, that you have in your Posts and User Content, in any media now known or not currently known, concerning any such posts and other user Content.

8. THIRD-PARTY MARKETING OFFERS

The company may endeavor to offer to its users, products and services offered by non-related or third-party entities. The service may contain links to third party websites and service providers (collectively referred to as, “third party services”) that are not owned or controlled by the company. The company has no control over and assumes no responsibility for the content, practices, and privacy policies of such third-party services.

The company encourages you to, and you acknowledge that you are solely responsible for, reviewing and complying with any third-party terms and conditions and privacy policies. The company cannot and will not censor or edit the content of any Third-Party Service.

Placement of information, logos, links or names of such non-the company entities on the service does not constitute an endorsement or warranty of these entities, their products or services.

By using this service, you agree that the company is not responsible for, and you take full responsibility for, a decision to visit or patronize any such third party service or entity, you hold the company harmless from any and all liability arising from such actions, and you expressly relieve the company from any and all liability arising from your use of third party service s and also indemnify the company against any claims made by the third party service against the company from any misuse of the account from your side.

9. WARRANTIES, EXCLUSIONS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

You accept that, as a limited liability entity, the company has as an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against the company officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the preceding paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect the company’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the company.

You further acknowledge that no relationship (such as partnership, agent, joint venture, or employee) is created between you and the company or between any user (including customers and experts) and the company by the formation of this Agreement (or any of the Terms) or by your participation on the service.

It is the responsibility of the user to evaluate the accuracy, completeness and usefulness of any content available through the service, from third parties or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, answer, product, service, or other content.

The amount of storage space per user is currently limited. You agree that the company is not responsible or liable for the deletion or failure to store content and/or other information.

The company services, software, and related documentation are provided “as is” and “as on basis” and without any warranty of any kind (either express or implied) including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. No information, whether oral or written, obtained by you from the company through this service shall create any warranty, representation or guarantee not expressly stated in these terms.

The company does not represent or warrant that the service will be uninterrupted or error-free, that defects will be corrected, or that this service or the server that makes it available, are free of viruses or other harmful components. The company does not warrant or represent that the use or the results of the use of the materials available through the Service, from third parties or a linked site will be correct, accurate, timely, reliable or otherwise. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from jurisdiction to jurisdiction.

Without prejudice to the generality of the preceding paragraphs, we do not warrant that:

1. this website will be constantly available, or available at all.
2. the information on this website is complete, true, updated, accurate or non-misleading.

Under no circumstances will the company be liable for any loss or damage caused by a user’s reliance on information obtained through the service or a linked site. Use of this service is solely at users’ risk.

We shall not be liable under the law of contract, law of torts and other laws in relation to the contents of, or use of, or otherwise in connection with this website:

1. to the extent that the website is provided free-of-charge, for any direct loss.
2. for any indirect, special or consequential loss.
3. for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the company’s liability in respect of any:

1. death or personal injury caused by the company’s negligence.
2. fraud or fraudulent misrepresentation on the part of this service.
3. matter which it would be illegal or unlawful for the company to exclude or limit, or to attempt or purport to exclude or limit, its liability.

No advice or information, whether oral or written, obtained by you from the company or through or from the services shall create any warranty of whatsoever nature.

In no event shall the company, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors or assigns be liable for any indirect, special, incidental, consequential, punitive or exemplary damages (including but not limited to loss of business, profits, data, use, revenue or other economic advantage), arising out of or in connection with our service, our services or the terms based on any theory, even if advised of the possibility of such damages. The limitation of damages set forth above is a fundamental element of the basis of the bargain between the company and you. This service and the information would not be provided without such limitations. In no event will the company’s liability and the liability of the company’s parents, subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance exceed the value of your order(s).

You agree to indemnify and hold the company, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures’, consultants, successors and assigns harmless from and against all losses, costs, liabilities and expenses including reasonable legal fees, asserted by any third party that are in any way due to or arising out of your use of or conduct on the service.

The service may contain press releases and other information about the company. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by the company. Likewise, third-party press about the company or the service should not be relied upon as being provided or endorsed by the company.

10. DISPUTE RESOLUTION, CLAIMS AND CLASS ACTION WAIVER

The terms of service shall be governed by and construed in accordance with the laws of the Commonwealth of Australia, without regard to its conflicts of law provisions.

If you have a dispute with the company or if the company has a dispute with you and such dispute cannot be resolved informally, such dispute will be resolved on an individual basis in accordance with the following:

1. Informal resolution. Prior to initiating mediation or arbitration, the party with a grievance must:
   1. notify the other party, in writing, of the facts of the dispute and all damages claimed. Such a notification must be sent to the user’s email address on file with the company or submitted through the service, whichever is applicable (“dispute notification”).
   1. The party receiving the dispute Notification has thirty (30) days from receipt of the dispute notification to respond.
   1. The other party then has 15 days to consider the response and reply.
2. If the dispute is not resolved informally, either party may make a demand for arbitration/mediation, with the other party’s consent.
3. If mediation does not occur or if mediation does not resolve the dispute, then both parties agree to arbitrate any disputes they have with the other so long as such disputes are arising out of or related to this agreement. Expressly, you agree that, by agreeing to these terms, you and the company are each waiving the right to a trial by jury involving all disputes, claims and controversies, of any sort or nature, between us, arising out of the use of the service and waiving the right to participate in a class, collective, or representative action regarding any dispute. You and the company agree that any dispute shall be resolved on an individual basis only. The decision of the arbitrator(s) shall be binding and enforceable in any court of competent jurisdiction

Disputes, if any, shall be referred to a single independent arbitrator who is a practicing solicitor. The place of arbitration shall be in Sydney, Australia, only.

You and the company expressly agree that:

1. each party must bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, mass, collective, or representative proceeding.
2. there shall be no class claims, consolidation, or joinder allowed in any arbitration between the parties.
3. no claims may be made through an action purporting to represent a class of users or otherwise asserting claims on behalf of a class (“class action waiver”).

This dispute resolution section shall survive termination of this agreement.

11. ASSIGNMENT, COMPLETE AND EXCLUSIVE AGREEMENT

The terms constitute the complete and exclusive statement of the agreement between you and us. It supersedes all prior or contemporaneous agreements, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the Terms.

If there is a conflict between an oral or written representation of any the company employee or agent and the terms (other than modifications to the terms executed in writing by the CEO or authorized-in-fact representative of the company), the terms will prevail.

The company’s failure to exercise or enforce any of the Terms shall not constitute a waiver of the company’s right to exercise or enforce the terms as to the same or another instance. Headings in this agreement are for purposes of reference only and shall not limit or otherwise affect the meaning of the terms.

You agree that the company may assign the terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for any reason, including but not limited to because your interaction with other users of the service, the pricing offered, and fraud mechanisms in place, are based upon individual usage.

The company shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by an officer of the company. No delay or omission on the part of the company in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions.

If any provision of this service disclaimers or terms, or is found to be, unenforceable under any applicable law, that will not affect the enforceability of the other provisions of this service’s disclaimer or terms.

The Great Learning Tree Pty Ltd