Terms of Service
In these terms and conditions, "we", "us" "our" and "Appsessment" means Appsessment.com or Appsessment.com.au (NSW). Please read these terms and conditions carefully as they apply to your use of the Appsessment.com Web Application (the "App"). By accessing or using the App you agree to be bound by these Terms of Service.
- We may revise these terms of service from time to time by updating this posting. The revised terms will take effect when they are posted.
- You acknowledge and accept that the information contained on this App (the web app information) may include inaccuracies. You acknowledge and accept that the App information is subject to change at any time and may not necessarily be up to date or accurate at the time you view it.
- The Service is provided for documentation and assessment purposes only, with no assurance that the content found on the Service is true, correct, or accurate. No action should be taken, delayed, or deferred based on the anything found on the Service.
- This App is designed for Appsessment users ("Members") to create and manage their assessments and documentation of Children at their service. The thoughts, information and opinions expressed here (including the responses and the comments) are the thoughts and opinions of the participants and not those of Appsessment. We do not endorse or support any posted thoughts or opinions or guarantee the accuracy of any of the information or facts appearing in our App.
- For assessment and documentation purposes, images of an individual child or group of children will be displayed within the App. Under the Privacy Act 1988, parental/guardian consent must be acquired for each individual child before publishing information about that child including images on this Service. According to the Privacy Act 1988, a parent/guardian should sign a consent form which should explain the reasons for acquiring and displaying images and information about the child and how the visual materials will be published. This is the sole responsibility of the User and Appsessment takes no liability if a child's privacy is compromised.
- In relation the Privacy Act 1988, it is the sole responsibility of the User (the publisher) to obtain consent (a signed form) from each child's parent/guardian before publishing information and uploading images of any child on the App. Parents should be informed that they are able to view all photos and comments linked to the documentation which may include images, comments and information of other children too.
- All Users (parents and educators) should be aware and well advised that all comments, images and personal information "Information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion " - Privacy Act 1988, will be visible to those authorised users you are collaborating with, within your business. Appsessment takes no responsibility of any of the content published by Users.
- Appsessment takes no responsibility and assumes no liability for any Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Content and Documentation. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Appsessment shall not be liable for any damages you allege to incur as a result of User Content.
- Any material downloaded or otherwise obtained through the use of the Appsessment services or apps is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data that results from the download of any such material.
- You also expressly acknowledge and agree that the App is a means of private communication, whereby information and images submitted in the App can be accessed by authorised Users you are collaborating with such as Parents and Educators in your Business, Company or Institution app. Due care should be taken when sharing private information and images with other Members.
- Messages and Contents shared via App are intended for the recipient only. They are not to be copied into the public areas such as Social Networks, Emails, Upload to a Website, Distribute by other means, etc. However, they may be passed on to Appsessment Administrator for review.
- You are solely responsible for your interactions with other Appsessment Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Appsessment shall have no liability for your interactions with other Users, or for any User’s action or inaction.
- Members who wish to report or discuss objectionable behaviour by other Members may contact the Administrator of this website by sending an email using the contact form.
- "Remember Me" functionality is available to increase your login session duration in order to avoid frequent login prompts once you have been authenticated. Only use this functionality if you are using your own private computer or device. If you are logging into Appsessment on a public computer, be sure to leave the "Remember me" box as Unchecked. Appsessment takes no liability if your device with Remember Me enabled gets compromised, lost or accessible by unauthorised person. So, use this feature at your own risk.
- We reserve the right to change, modify or cancel the monthly subscription price as we deem fit.
- It is your responsibility to ensure that you do not publicly display any credit card, debit card or bank account details to anyone on this App. Appsessment takes no responsibility to any damage of any nature. Also please be advised that we would never email you or contact you in any ways asking for your credit card and bank account information.
- Appsessment subscriptions are charged monthly on the linked credit or debit card and billed to the Owner of the App. If you wish to terminate the service, you have to delete all Apps you have created in order to stop being charged for the service. No refund will be issued if you forget to delete your Apps. You will continue to be billed as long as your Apps are kept in an active state.
- You have to ensure that you have sufficient funds available in your Credit card for the payment of your monthly subscription. Failed transactions will be tried up to 3 attempts before automatic cancellation of your service.
- Number of subscriptions are calculated based on the Subscription plan, number of Apps you have created and the number of active educators you have added in each of your Apps. All subscriptions are charged from the date of activation and you can cancel anytime. Related subscriptions will be automatically cancelled when you delete your Apps and its educators.
- The Service plans does not imply any limitation, other than the limitation mentioned in the plan description, as long as your usage complies with our Fair Use Policy (FUP) on what we term as reasonable, allowed and permissible usage. If we believe your usage is more than our allocated resource limit for your account, we will notify you and will provide you an alternative plan to accomodate your high usage. This applies for all plans, including the Unlimited plans.
- Appsessment reserves the right to change our Fair Use Policy (FUP) at any time.
- When you delete your App for termination, you agree that all App information stored in our server will be permanently deleted. You will not be able to recover these data once deleted and it is your responsibility to have backup records before deleting your App.
- If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating the Agreement for our breach and have so notified us in writing, or unless a refund is required by law.
- Deleting your Apps will not cancel your Subscription automatically. You need to cancel your subscription from the Billing page if you no longer wish to have an active subscription with Appsessment.
- Money Back Guarantee Period only applies to subscriptions that are cancelled by the user during the 14 days period and the cancellation has to be initiated from the user's account. This period starts from the date you create your first subscription. You need to cancel your subscription before the end of the Money Back Guarantee Period to claim this full refund offer.
- If you fail to cancel your subscription within the 14 days Money back guarantee period, you will continue to be on the Monthly subscription plan until you cancel the subscription from your account.
- Appsessment reserves the right to delete all App contents including images, documentation, contacts, and everything related to your App if the App has been inactive and disabled for 6 months and has not been reactivated within the 6 months inactivity period.
- Appsessment do not offer backup service for your data and it is your sole responsibility to ensure you store back-up of all documentation created in our App. Appsessment will not be liable for any loss of data.
- We reserve the right to move and lock App access and generally manage the structure of the information on the App as it sees fit.
- While the apps have been designed to give unlimited storage experience to the users, few users may use or upload excessive amount of the data for storage, causing traffic congestion or storage limitation on the network. In order not to impair the experience of other users, a Fair Usage Policy may be applied to accounts or apps with excessive usage.
- Appsessment does not guarantee, represent, or warrant that your use of the App Service will be uninterrupted or error-free, and you agree that we may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or the entire Application and Website.
- You expressly agree that your use of, or inability to use, the Appsessment service is at your sole risk. The Appsessment service and all products and services delivered to you through the App are provided "as is" and "as available" for your use, without warranties of any kind.
- We will not be liable for any injury, loss or damage of any nature whatsoever (including but not limited to indirect or consequential loss) which is suffered or sustained as a result of or in connection with this App.
- You should never use another User’s account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Appsessment immediately of any breach of security or unauthorized use of your account. Appsessment will not be liable for any losses caused by any unauthorized use of your account.
- As a user, you agree to any information you have entered to being stored in our database. While this information will not be disclosed to any third party without your consent, Appsessment.com shall not be held responsible for any hacking attempt that may lead to the data being compromised.
- When you use the Service, we may automatically record certain information from your web browser such as Internet Protocol address (“IP Address”) or other device address or ID, web browser and/or device type, the pages you view on the Service, and the dates and times that you visit, access, or use the Service.
- As a registered user with Appsessment, you are automatically subscribed to all our Newsletters, Notification emails and for updates relating to your account which you will receive via email.
- You are not allowed to copy, or modify the App, any part of the App, attempt to extract the source code of the App, and you also shouldn’t try to translate the App into other languages, or make derivative versions. The App itself, and all the copyright, database rights, logo and other intellectual property rights related to it, still belong to Appsessment and is protected by copyright laws.
- You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this App or any material or content displayed on this App. In using the App, you must not:
- violate any applicable laws;
- use the App for any purpose that is threatening, libellous, defamatory, abusive, obscene, vulgar, pornographic, profane, racist, indecent or infringing of another person's rights;
- distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
- collect or store personal data about other users of the App; or
- engage in any other conduct that inhibits any other person from using or enjoying the App.
- You agree not to engage in any of the following prohibited activities: (i) transmitting spam, chain letters, or other unsolicited emails; (ii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iv) uploading invalid data, viruses, worms, or other software agents through the Service; (v) collecting or harvesting any personally identifiable information, including account names, from the Service; (vii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud; (viii) interfering with the proper working of the Service; (ix) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (x) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
- You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, obscene, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Appsessment reserves the right, but is not obligated, to reject and/or remove any User Content that Appsessment believes, in its sole discretion, violates these provisions or is otherwise inappropriate for the Service.
- We may without notice to you remove, amend, alter or deny access to any User-Generated Content or Content in its sole discretion if:
- it is required to do so by any Applicable Law or order or judgement of a Court or tribunal of fact or law or other competent bodies; or
- in our opinion, any such User-Generated Content is obscene, offensive, indecent, excessively violent, illegal, misleading or defamatory, or otherwise unacceptable, undesirable or objectionable (including if it contains information about brands or alternative product systems which are in competition with us).
- We may terminate these Terms of Service and your access to the App at any time without notice. In the event of termination, you must immediately cease accessing and using the App and return any hard copies of the Content or destroy any hard copies and any other electronic copies of the Content within your control or possession. All restrictions imposed on you, licenses granted by you and all disclaimers, indemnities and limitations of liability set out in these Terms of Service will survive.
- We may suspend your membership or restrict your access to the Site if you do not comply with these Terms of Service or if you use the Services in a way that causes legal liability to us or disrupts others use the Services. If deemed necessary by Appsessment, you may be reported to the appropriate authorities. Appsessment has no obligation to retain your Content upon termination of the applicable Service.
Governed by NSW law
- If any part of these terms and conditions is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
- These terms and conditions are governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
- These terms and conditions constitute the entire agreement between us and you in relation to the App and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the App.
- Your use of the App is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the App, including sending you electronic notices.
- The provisions of these terms of service which by their nature survive termination or expiry of these terms of service will survive termination or expiry of these terms and conditions.
- The word "including" when used in these terms of service is not a term of limitation.
Reporting Copyright Infringements & Problems
Appsessment is committed to upholding the rights of copyright owners and we take it seriously. If you believe that copyright material is available on our App in such a way that it constitutes a copyright infringement or a breach of a contract or licence, please do notify us immediately by using the "Contact us" page.
You must notify Appsessment's administrator by providing the following information:
- A description of the copyrighted work or other intellectual property that you claim has been infringed.
- Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located.
- Identification of the copyrighted work claimed to have been infringed (e.g., a link to your original work or scanned copy if it is a printed material) to confirm the original source and ownership of that material.
- Copy (e.g, a link to your website if applicable) of the Copyright license held by the author.
- Your address, telephone number and e-mail address, so that Appsessment can contact you about your complaint.
- And a physical or electronically signed statement that the above information is accurate; that you will indemnify us for any costs or loss of revenue in the event that it turns out that you are not the owner; that you have a good faith belief that the identified use of the material is not authorised by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorised to act on the copyright owner's behalf in this situation.
Appsessment.com strives to keep information stored on this server up to date, but does not guarantee the accuracy, reliability or currency of the information. Any errors in the information that are brought to our attention will be corrected as soon as possible. We reserve the right to change any information stored on this server at any time without notice.
We accept no liability for any loss or damage a person suffers because that person has directly or indirectly relied on any information stored on this App.