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TERMS AND CONDITIONS

Service: AdjustED
Supplier: TARSK CONSULTANTS PTY LTD 63 613 344 193 7
Jurisdiction: Victoria, Australia
 

1. Agreement

These Terms and Conditions (“Terms”) govern the provision and use of the AdjustED software platform (“Service”) supplied by TARSK CONSULTANTS PTY LTD (“Supplier”).

By subscribing to or accessing the Service, the subscribing school or educational institution (“Customer”) agrees to be bound by these Terms.

The individual accepting these Terms warrants that they have authority to bind the Customer.

2. Nature of the Service

AdjustED is a secure, cloud-hosted Software-as-a-Service (SaaS) platform designed to support schools in managing student adjustment documentation, support planning, and reporting.

The Service:

  • Is provided as a hosted application.

  • Does not replace professional judgement.

  • Does not provide medical, psychological, or legal advice.

  • Does not make automated decisions about students.

Each subscribing Customer is provisioned with a logically isolated database environment.

3. Data Roles and Responsibilities

For the purposes of applicable privacy legislation:

  • The Customer is the Data Controller of all personal information entered into the Service.

  • The Supplier acts as Data Processor and processes data solely for the purpose of delivering the Service.

The Customer is responsible for:

  • Ensuring it has lawful authority to collect and upload student information.

  • Managing user access and role permissions within its organisation.

  • Ensuring data entered is accurate and appropriate.

The Supplier does not determine the purposes or means of data collection by the Customer.

4. Data Ownership

All data entered into the Service by the Customer remains the property of the Customer.

The Supplier:

  • Does not sell Customer data.

  • Does not use Customer data for advertising.

  • Does not mine Customer data for unrelated commercial purposes.

  • Does not access Customer data except as required to operate, maintain, or support the Service.

5. Data Hosting and Location

Customer data is hosted within Microsoft Azure infrastructure located in Australia unless otherwise agreed in writing.

Data is not intentionally transferred offshore except where necessary for secure infrastructure operations under contractual safeguards.

6. Information Security Controls

The Supplier maintains technical and organisational security measures designed to protect Customer data, including:

  • Encryption in transit (TLS 1.2 or higher).

  • Encryption at rest within Azure-managed storage.

  • Logical separation of customer environments.

  • Role-based access controls.

  • Secure authentication mechanisms.

  • Vulnerability management and patching processes.

  • Monitoring and logging of production systems.

Security controls are aligned with industry practice and education-sector expectations, including ST4S requirements.

No system can be guaranteed to be completely secure; however, reasonable steps are taken to mitigate foreseeable risks.

7. Artificial Intelligence Functionality (If Enabled)

Where AI-assisted features are enabled:

  • AI is used solely to assist drafting or accelerating data entry.

  • AI outputs are suggestions only.

  • Human review and approval is required before data is saved.

  • AI functionality does not perform automated profiling or decision-making.

The Customer may elect not to use AI features.

8. Access Control and User Management

The Customer is responsible for:

  • Creating and managing user accounts.

  • Assigning appropriate role permissions.

  • Deactivating access for departing staff.

The Supplier may suspend accounts where misuse, security risk, or breach of these Terms is identified.

9. Confidentiality

Each party agrees to maintain confidentiality of non-public information disclosed in connection with the Service.

Confidential information will not be disclosed except:

  • To personnel or subcontractors under confidentiality obligations.

  • Where required by law.

  • With prior written consent.

10. Incident Management and Breach Notification

The Supplier maintains an incident response process.

In the event of a security incident affecting Customer data, the Supplier will:

  • Investigate and contain the incident.

  • Take reasonable remediation steps.

  • Notify affected Customers in accordance with applicable law.

  • Provide reasonable cooperation for regulatory reporting.

The Customer remains responsible for determining whether regulatory notification is required under its governing legislation.

11. Availability and Continuity

The Supplier will use reasonable efforts to maintain Service availability.

Planned maintenance may occur and will be communicated where practicable.

Business continuity and backup processes are maintained to support service restoration in the event of disruption.

12. Subscription and Fair Use

Subscriptions are offered on monthly or annual terms unless otherwise agreed.

Unless otherwise specified:

  • Unlimited authorised staff accounts are permitted.

  • Up to 300 active students are included.

  • Standard reporting functionality is included.

The Supplier reserves the right to review usage where database storage, reporting compute, AI usage, or system load materially exceeds standard educational use. Plan adjustments may be discussed where necessary.

13. Acceptable Use

The Customer must not:

  • Attempt to bypass security controls.

  • Introduce malicious code.

  • Interfere with system integrity.

  • Use the Service for unlawful purposes.

The Supplier may suspend access where material breach or security risk is identified.

14. Termination and Data Return

The Customer may terminate at the end of a billing period.

Upon termination:

  • The Customer may request export of its data.

  • Data will be retained for a limited period to allow retrieval.

  • Thereafter, data will be securely deleted unless retention is required by law.

15. Limitation of Liability

To the extent permitted by law:

  • The Service is provided on an “as available” basis.

  • The Supplier’s aggregate liability is limited to fees paid in the preceding 12 months.

Nothing in these Terms excludes rights under the Australian Consumer Law.

16. Governing Law

These Terms are governed by the laws of Victoria, Australia.

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