Terms and Conditions
Thanks for using EnrolNet! These are the terms and conditions (the “Terms”) on which you may make use of the website www.enrolnet.com (together with any of its sub-domains, the “Website”), whether as a guest or a registered user. These Terms together with the Privacy Policy, the Cookies Policy and other documents referred to in these Terms together constitute a legal agreement between you and Enrolnet Global Limited, hereinafter referred to as “EnrolNet”, in respect of your use of the services as described herein.
The purpose of the Website is to provide you with information about EnrolNet and services provided by EnrolNet.
When we use the term “EnrolNet Platform”, we mean the “EnrolNet” domain (including any mobile sites and the Website), EnrolNet computing platform and any applications, and all other related websites, mobile applications, software, components, products and services owned by EnrolNet.
Should you not agree or accept these Terms, including any modifications or variations to these Terms from time to time, please immediately cease your use of and access to the EnrolNet Platform, and this shall be your sole remedy in connection with any such modification or variation.
“Applicant” means a student referred by an Education Agent to a School for admission via the EnrolNet Platform.
“Education Agent” means the person, firm, entity, organization, company or corporate body, which is an account subscriber to the Services, which or who amongst other things, assists Applicants to be admitted to the Schools.
“Parent” means a parent or legal guardian of a student as the case may be and “Parental” shall be interpreted accordingly.
“Services” refers to the services provided through any of the EnrolNet Platform.
“School” refers to a school, school district, or institution, which is a primary account subscriber to the Services.
“We” means EnrolNet, and “our” and “us” shall be interpreted accordingly.
“You” means an unregistered user, the Education Agent and/or the School and each of their respective authorised person(s) or account users, as the case may be, and “your” shall be interpreted accordingly.
In these Terms, unless the context otherwise requires:
(a)
References to a person include any individual, firm, body corporate (wherever incorporated), government, state or agency of a state or any joint venture, association or partnership (whether or not having separate legal personality);
(b)
References to a paragraph, clause or schedule shall refer to those of these Terms unless stated otherwise;
(c)
Headings do not affect the interpretation of these Terms;
(d)
The singular shall include the plural and vice versa;
(e)
References to one gender include all genders;
(f)
References to any Hong Kong legal term or concept shall, in respect of any jurisdiction other than Hong Kong, be construed as references to the term or concept which most nearly corresponds to it in that jurisdiction;
(g)
Any phrase introduced by the terms "including, "include", "in particular" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms;
(h)
The words "other" and "otherwise" are not to be construed ejusdem generis with any preceding words where a wider construction is possible; and
(i)
References to times of day are to Hong Kong time (unless otherwise specified).
These Terms should be read as a whole together with the Privacy Policy and the Cookies Policy, and constitute the exclusive terms of the respective contractual relationship between EnrolNet and (1) Schools, (2) Education Agents, and (3) any other unregistered users, as the case may be. With the exception of, and subject to, any School Service Agreement or Education Agent Service Agreement that is validly entered into between a School and EnrolNet, or between EnrolNet and an Education Agent (as the case may be), nothing outside these Terms, the Privacy policy and the Cookie Policy shall constitute any part of any agreement between EnrolNet and you relating to your use of the Services.
We reserve the right at all times to vary, change, alter, amend, add to or remove any of these Terms at our sole and absolute discretion. Please ensure that you review these Terms when you use the EnrolNet Platform as you will be deemed conclusively to have accepted the latest version of the Terms if you continue to use the EnrolNet Platform after such latest version of the Terms has been posted on the EnrolNet Platform. If you have any questions or concerns, please contact us at .
Violation of any of these Terms by you may result in the suspension or termination of your account and/or denial of access to the EnrolNet Platform without notice, and/or withdrawal of any student application. EnrolNet reserves the right to suspend the use of Services by any person or entity that has violated these Terms at any time.
The EnrolNet Platform (including but not limited to the domain name (www.EnrolNet.com), subdomains, features, contents and application services (including without limitation to any mobile application services) offered from time to time by EnrolNet in connection therewith are owned and operated by EnrolNet.
EnrolNet Platform's services (collectively referred to as our “Services”) consist of the following: (i) providing the Schools and the Education Agents with an online system to facilitate and streamline the admissions, enrolment and re-enrolment process; (ii) providing via the online system the Education Agents with access to School information such as admissions procedures, requirements, forms, deadline dates, and other information relevant to the admissions and the enrolment process; and providing the Education Agent with the ability to input data into the EnrolNet Platform for such data to be passed to the applicable Schools on the EnrolNet Platform via the online system in order to enable the Education Agents to apply to programs offered by such Schools on the students’ behalf; and (iii) acting as a communications medium to facilitate the admissions, enrolment and re-enrolment process between the School and the Education Agents.
If you access and use the Website, the EnrolNet Platform and/or the Services, you represent and warrant that (in the case of a natural person) you are at least 18 years old. The Website, EnrolNet Platform and/or Service are only intended for individuals aged eighteen (18) years or older. We reserve the right to request proof of age at any stage so that we can verify compliance with this paragraph.
Please note that the Services, as described above, are subject to the terms and conditions in the relevant service agreements (if any) entered into between EnrolNet and the School or the Education Agent, as the case may be. For the avoidance of doubt, EnrolNet reserves the right, at its sole and absolute discretion, to decide whether to add or remove any function or service on the EnrolNet Platform.
All intellectual property rights subsisting in respect of the EnrolNet Platform belong to EnrolNet or have been licensed to EnrolNet for use on the EnrolNet Platform. EnrolNet, the Services and the Content are protected by copyright and other intellectual property rights as collective works and/or compilations, pursuant to applicable copyright laws, international conventions, and other intellectual property laws. You undertake that: (i) you shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any part of the EnrolNet Platform and the EnrolNet Content, software, materials, or the Services in whole or in part without our consent; (ii) you shall only download or copy the Content (and other items displayed on the EnrolNet Platform or related to the Services) solely for the purpose of the Services and provided that you maintain all copyright and observe other notices contained applicable to such Content; and (iii) you shall not store any significant portion of any Content in any form. Copying, using or storing of any Content other than for the purposes of the Services is expressly prohibited without prior written permission from EnrolNet or from the copyright holder identified in the applicable Content’s copyright notice (if any).
In the course of accessing the EnrolNet Platform or using the Services, you may provide information which may be used by EnrolNet in connection with the Services and which may be visible to other users of the EnrolNet Platform. You understand that by posting information or content on the EnrolNet Platform or otherwise providing content, materials or information to the EnrolNet Platform and/or the employees, officers or other staff of the EnrolNet Platform in connection with the Services (“User Submissions”): (i) you hereby grant to EnrolNet a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable right to use and fully exploit such User Submissions, including all related intellectual property rights subsisted thereon, in connection with providing the Services and operating the EnrolNet Platform and EnrolNet’s business, including but not limited to the promotion and redistribution of part or all of the Services and derivative works thereof in any media formats and through any media channels; (ii) you hereby grant each user of the EnrolNet Platform a non-exclusive license to access your User Submissions through the EnrolNet Platform, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the EnrolNet Platform and under these Terms; (iii) you acknowledge and agree that EnrolNet retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license granted to EnrolNet does not affect your ownership of or right to grant additional non-exclusive licenses to the material in the User Submissions, unless otherwise agreed in writing; (iv) you hereby represent and warrant that any content in your User Submission (including but not limited to text, graphics and photographs) does not infringe any applicable laws, regulations or any third party rights; (v) you acknowledge and confirm that if the personal data of any third party (such as an Applicant) is involved, you have obtained all necessary consent (including the consent of the Applicant and the Parents (where legally required)) for such use of the third party’s personal data in the User Submissions, and (vi) you agree that all the User Submissions publicly posted or privately transmitted through the EnrolNet is the sole responsibility of you and that EnrolNet will not be liable for any errors or omissions in any content.
a)
You may only use the EnrolNet Platform for lawful purposes. When using the EnrolNet Platform, you must not: decrypt, extract, disassemble, reverse-engineer or decompile the EnrolNet Platform (including the Website), use the EnrolNet Platform in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect, include any portion of the EnrolNet Platform in any other software program, develop methods to enable unauthorised parties to use the EnrolNet Platform, create any modifications or derivative works directly or indirectly using the EnrolNet Platform, or components thereof, transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware, damage, interfere with or disrupt the EnrolNet Platform in any way, use the EnrolNet Platform or information obtained from the EnrolNet Platform to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam), use the EnrolNet Platform for any purpose that is unlawful, improper or illegal, or in breach of any, or for the purpose of breaching any, law or regulation, use the EnrolNet Platform in a way which infringes the rights of or harasses anyone else, is harmful to, or otherwise restricts or inhibits anyone else's use and enjoyment of the EnrolNet Platform, impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity, post comments about anyone which are not in good faith and in accordance with your honestly held beliefs, use the EnrolNet Platform for the purpose of harming or attempting to harm minors in any way, use contact details obtained using the EnrolNet Platform to harass any person, or otherwise submit any information to or carries out any act on the EnrolNet Platform that is defamatory, obscene, pornographic, abusive, offensive, invasive of another’s privacy or racially or ethnically or otherwise objectionable, or which infringes any intellectual property rights of any third party or any material which you do not have the right to disclose.
b)
Access to the EnrolNet Platform is given to you on a license-to-use basis, and we reserve the right to withdraw or amend the Services or any function on the EnrolNet Platform without notice. We will not be liable if for any reason the EnrolNet Platform is unavailable at any time or for any period.
c)
We will use our reasonable endeavours to make the EnrolNet Platform available but cannot guarantee that the EnrolNet Platform will operate continuously or without interruption or be error-free. You must not attempt to interfere with the proper working of the EnrolNet Platform and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Website, router or any other internet connected device in connection with the EnrolNet Platform. You are also advised to use the appropriate antivirus software before and during access to the EnrolNet Platform.
d)
We reserve the right, at any time and for any reason or none, to suspend or terminate your access to, or use of, the EnrolNet Platform, or any part thereof. We may also restrict access to some parts of the EnrolNet Platform to users who have registered with us.
e)
Where you choose or are provided with a user ID, code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. Please ensure that you log off when not using the EnrolNet Platform and ensure that devices which you use to access the EnrolNet Platform are securely locked when not in your possession. You must notify us if you suspect there has been any unauthorised use of your user ID, code or password or any other breach of security.
f)
We have the right to disable any user ID, code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms. We will not be liable for any loss or damage whatsoever resulting from the disclosure of your user ID, code or password contrary to these Terms.
a)
To the full extent permitted by law, you agree to use the Services on an “as is” basis and understand that EnrolNet is not responsible for prohibiting or regulating in any way any information or data provided or transmitted by the EnrolNet Platform (“Content”) or provided or transmitted by you or any other person. EnrolNet makes no representation or warranty, whether express or implied, as to the accuracy, adequacy or completeness of any content on the EnrolNet Platform, or guarantee of any kind. You shall access and make your own judgements as regards the use of any materials and information obtained from the EnrolNet Platform at your own risk.
b)
The EnrolNet Platform may contain materials contributed by third parties. To facilitate access to information provided by or via third parties, the EnrolNet Platform may provide or assist in providing links to external websites through the EnrolNet Platform. EnrolNet makes no warranties, representations or undertakings about any content of any other website referred to or accessed by hypertext link through the EnrolNet Platform. EnrolNet does not endorse or approve the content of any third party site, and will not take any responsibility or liability for or in connection with any such third party site.
c)
You confirm and agree that, to the maximum extent permitted by law, EnrolNet shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses. This is regardless of whether EnrolNet has been advised of the possibility of such damages, whether or not resulting from: (i) the use or the inability to use the Services or the EnrolNet Platform; (ii) the unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party in respect of the Services or on the EnrolNet Platform; (iv) termination of your account; and/or (v) any other matter relating to the Services or the EnrolNet Platform.
a)
You shall register and create an account before you may use the Services. By creating an account (“Account”) and registering for the Service, you become, either individually or on behalf of your employer or any entity, on behalf of whom or which you created the Account, an EnrolNet user upon approval by EnrolNet. The first user of the Account is automatically assigned as the Account administrator (the “Admin”).
a)
You understand and agree that we may, from time to time, require you to provide information that may be used to confirm your identity and help ensure the security of your Account. In the event that you or the Admin loses access to an Account or otherwise requests information about an Account, we reserve the right to request from you or such Admin (as the case may be) any verification document we deem necessary before restoring access to or providing information about such Account.
The Education Agents shall:-
a)
Ensure that the content in the student applications and any personal information they submitted to the EnrolNet Platform is true and accurate and does not breach any third parties’ rights including trade mark, database right, copyright or other intellectual property rights nor is libelous, obscene, menacing, threatening, radicalizing, bullying, offensive, abusive, fraudulent, pornographic, criminal nor infringes the rights of other people such as privacy rights or is in any way illegal or unlawful;
b)
Verify the accuracy of any information before submitting it to the EnrolNet Platform; and
c)
Ensure that information submitted to the EnrolNet Platform complies with all applicable laws and, by posting information, agrees to indemnify EnrolNet and EnrolNet’s affiliates, and their respective shareholders, directors, employees, officers, agents and service providers in full on request and continue to indemnify them on request against any claim or liability arising in connection therewith.
a)
The privacy of information submitted to or transmitted through the EnrolNet Platform is governed by our Privacy Policy and the Cookie Policy, which are published on the EnrolNet Platform (and may be amended by EnrolNet at its sole and absolute discretion from time to time). With regard to children under the age of eighteen (18), the Education Agent shall comply with the United Kingdom's Children's code (also known as the Age Appropriate Design Code) to the extent applicable. The Education Agent is responsible for having and communicating an adequate data privacy policy for Parents and the Applicant, and ensuring that they consent to how personal data is handled by the EnrolNet Platform. Where Parental consent is required, it is the responsibility of the Education Agent to obtain such consent.
b)
Before an Applicant below the age of eighteen (18) can submit an application through the EnrolNet Platform, the Education Agent referring such an Applicant must provide a signed copy of written Parental consent to us and/or to the School.
c)
The Education Agent is responsible at all times for obtaining Parental consent and is wholly responsible for verification of the Applicant application and the Parent of the Applicant, and that the Parent has properly authorised the Education Agent's access to the EnrolNet, and has in fact signed the Parental consent before using any Services for the Applicant on the EnrolNet Platform.
d)
The Education Agent must provide a copy of the signed Parental consent to EnrolNet within 7 business days of a request.
e)
To the maximum extent permitted by law, and in addition to any other indemnification mentioned in these Terms, the Education Agent agrees to fully indemnify EnrolNet and EnrolNet’s affiliates, and their respective shareholders, directors, employees, officers, agents and service providers on request and keep them indemnified on request with regard to any claim, if the suit involves claims arising directly or indirectly from failures to comply with this paragraph 13. The fact that a cause other than a failure to comply with the paragraph 13 may have contributed to the harm alleged in such suit or proceeding will not in any way diminish the scope or force of this indemnification, even if such other cause is the relevant indemnified party’s own failure or negligence.
a)
It is your sole responsibility to notify us that you wish to cancel your Account. This can be done by e-mailing us at with the subject line “Cancellation Request”. Such cancellation shall be without prejudice to the existing obligation incurred prior to the cancellation of the Account, further details of which are set out in the relevant School Service Agreement or Education Agent Service Agreement.
b)
Unless otherwise agreed by EnrolNet, all Content associated with the Applicant(s) may be unavailable from the time we are instructed to process the cancellation request.
c)
We may terminate the Services to you at any time and with immediate effect at our own convenience.
d)
Misuse of the Services, by any individual or entity, may result in temporary and/or permanent suspension or termination of your Account (at EnrolNet’s sole and absolute discretion) without notice unless problems are rectified to the full satisfaction of EnrolNet.
e)
EnrolNet reserves the right to refuse the Services to anyone at its sole and absolute discretion.
f)
In case of termination for any reason, EnrolNet shall not be required to return or delete all or part of the content or data, etc that it is legally permitted or required to retain under applicable law or regulation.
a)
EnrolNet may change the fees for any third-party service from time to time at its sole and absolute discretion, including imposing a new charge on a third-party service that was provided for free previously.
a)
To the maximum extent permitted by law, you agree to hold harmless and indemnify EnrolNet and EnrolNet’s affiliates (including but not limited to its subsidiaries) and their respective shareholders, directors, employees, officers, agents and service providers from and against any third party claims arising from or in any way related to your use of the Service or the EnrolNet Platform, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors' fees, of every kind and nature.
b)
Additionally, and to the maximum extent permitted by law, you agree to fully indemnify EnrolNet and EnrolNet’s affiliates (including but not limited to its subsidiaries) and their respective shareholders, directors, employees, officers, agents and service providers with regard to any suit or proceeding for damages, if the suit involves claims arising directly or indirectly from your failure to comply with your obligations under paragraph 13 of these Terms. The fact that a cause other than your failure to comply with such obligations may have contributed to the harm alleged in such suit or proceeding will not in any way diminish the scope or force of this indemnification, even if such other cause is the relevant indemnified party’s own failure or negligence.
a)
EnrolNet has no special relationship with or fiduciary duty to you for accessing and using the EnrolNet Platform.
b)
To the maximum extent permitted by law, in no event will EnrolNet, the EnrolNet Platform, or EnrolNet’s affiliates (including but not limited to its holding companies and subsidiaries) or any of their respective shareholders, directors, employees, officers, agents and service providers be liable for any loss of profits or any direct, indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from: (i) the EnrolNet Platform; or (ii) these Terms; or (iii) any breach of these Terms by you or a third party; or (iv) use of the EnrolNet Platform, tools or Services we provide related to the business we operate on the EnrolNet Platform by you or any third party; or (v) any actual or attempted communication or transaction between users, in each case, even if we have been advised of the possibility of such damages.
c)
These limitations and exclusions apply without regard to whether the damages arise from: (i) breach of contract; or (ii) breach of warranty; or (iii) strict liability; or (iv) tort; or (v) negligence; or (vi) any other cause of action, to the maximum extent that such exclusion and limitations are not prohibited by applicable law.
d)
In any event and to the maximum extent permitted by law, the total liability of EnrolNet in respect of all loss or damage arising under or in connection with this Agreement whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed HK$1.
e)
You acknowledge and agree that any transmission to and from the EnrolNet Platform is not confidential and your communications may be read or intercepted by others. You further acknowledge and agree that by submitting communications to the EnrolNet Platform and by posting information on the EnrolNet Platform, including tours and/or activities, no confidential, fiduciary, contractually implied or other relationship is created between you and EnrolNet other than pursuant to these Terms.
f)
You acknowledge and agree that you will not hold or seek to hold EnrolNet responsible for the content provided by the School or the Education Agent or third party. EnrolNet has no control over and does not guarantee the truth, accuracy or completeness of any listing or other content provided by any School or Education Agent on the EnrolNet Platform.
a)
You may not assign or transfer your rights or licences granted under these Terms. EnrolNet may at its sole and absolute discretion assign, transfer, or sub-contract these Terms (including its rights, benefits and obligations hereunder) and the EnrolNet Platform, in whole or in part, to any party designated by EnrolNet without any other party’s consent.
b)
If you are dissatisfied with the EnrolNet Platform, do not agree with any part of these Terms, or have any other dispute or claim with or against EnrolNet or another user of the EnrolNet Platform with respect to these Terms, your sole and exclusive remedy against EnrolNet is to discontinue the use of the EnrolNet Platform, to the maximum extent permitted by law.
c)
In the event that any (or any part) of these Terms, conditions or provisions shall be declared invalid, unlawful or unenforceable such terms (or parts), conditions or provisions shall be severed. The remaining terms (or parts), conditions or provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
d)
Other than an affiliate of EnrolNet (including the respective shareholders, directors, employees, officers, agents and service providers of EnrolNet or its affiliate), a person who or which is not a party to these Terms shall have no right under the Hong Kong Contracts (Rights of Third Parties) Ordinance) to enforce any of the terms under these Terms. Notwithstanding any term of these Terms, EnrolNet may amend, vary, waive, terminate or rescind these Terms at its sole and absolute discretion without the consent of and without notice to any third party.
e)
You understand that the technical processing and transmission of the Services, including Content, may occur in an unencrypted form if SSL is not enabled on your computer, and result in transmissions over the Internet, which may be intercepted by others. Loss of SSL may also result from changes in transmissions between networks to conform and adapt to technical requirements of connecting networks or devices. You shall look for the SSL notification in the address bar of your browser to ensure that SSL is active during your session.
f)
We reserve the right to (i) place a cap on file size or image hosting until you reduce your bandwidth consumption, and/or (ii) charge for additional bandwidth requirements.
g)
These Terms will be governed by and construed in accordance with Hong Kong law. You agree to attempt to resolve any dispute, controversy, difference or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it, amicably through escalating levels of management before resorting to formal dispute resolution procedures. Any unresolved dispute shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the notice of arbitration is submitted. The number of arbitrators shall be three. The arbitration proceedings shall be conducted in English language. The seat of arbitration shall be Hong Kong.
Effective Date: 1st September, 2023