Terms and conditions
Terms and conditions

FastLane Terms (for website)

Important Information

Permission to use FastLane and/or FastLane Propose is conditional upon you, the Client, agreeing to the terms set out below. Access to FastLane is offered to you on the condition that you read and accept all the terms.

By requesting access to FastLane and/or FastLane Propose, you will be deemed to have accepted these Terms. If you do not wish to accept the terms, you must not access or use FastLane or FastLane Propose.

These Terms are intended to supplement your existing agreement with IDP relating to student recruitment services ("SRS Agreement"). IDP will provide you with access to FastLane in accordance with applicable terms from your SRS Agreement. If you have an existing agreement with IDP to use Offer in Principle ("OIP Schedule") the OIP Schedule will continue to apply subject only to additional provisions in these Terms relating to FastLane Propose. If there is any inconsistency between these Terms and your existing SRS Agreement and/or OIP Schedule your existing SRS Agreement and/or OIP Schedule will take precedence.

1. Use of FastLane

1.1 Access and Use of FastLane

  1. IDP will make FastLane available to the Client, and the Client will access and use FastLane on these Terms.
  2. IDP must:
    1. provide access for the Client to the Client Portal;
    2. provide Prospective Students with access to FastLane via IDP Student Channels;
    3. use reasonable endeavours to minimise any down-time of the Client Portal and FastLane and provide prompt responses to any requests for support services by the Client;
    4. follow its usual archiving procedures from time to time for Client Data, including a full daily back up and continuous delta backup to the previous five minutes;
    5. if the Client cannot make real-time updates of Client Data via the Client Portal, use reasonable endeavours to update the Client Data and Offer Criteria as soon as reasonably practicable following receipt of a request from the Client together with all relevant information and details of the Client Data and Offer Criteria to be updated;
    6. issue Offers in Principle to Prospective Students based on the Offer Criteria at the time of the relevant Prospective Student's submission;
    7. review and cancel without unreasonable delay any Offer in Principle or Proposal that the Client has flagged via email to the support team as having been made in error;
    8. make data pertaining to Verified Offers in Principle available for download in a .csv format by the Client;
    9. in relation to Clients who access FastLane Propose:
    1. provide the Client with access to FastLane Propose to amend Client Data, messaging and other content, and to start, pause and end campaigns;
    2. provide the Client with the ability to view information, in anonymised format, of Prospective Students and to make Proposals to suitable Prospective Students through FastLane Propose;
    3. provide the Client with a online record of all Proposals made by the Client through FastLane Propose, including up-to-date information on the status of the Proposal. For clarity, Clients will only be able to view personal information of Prospective Students who have accepted a Proposal and consented to such disclosure;
    4. provide the Client with reasonable information about performance of FastLane Propose, Proposals and campaigns.
  3. The Client will:
    1. create a password and account for the Client Portal and maintain the confidentiality of the password and account details. The Client is responsible for all activities that occur under the Client's account, including, without limitation, all actions by sub-users registered by the Client under that account;
    2. promptly provide current and complete Client Data and Offer Criteria via the Client Portal and update the Client Data and Offer Criteria when necessary;
    3. use all reasonable endeavours to prevent any unauthorised access to, or use of, FastLane and, in the event of any such unauthorised access or use, promptly notify IDP;
    4. submit support requests and notify any faults in the manner directed by IDP from time to time;
    5. where the Client has access to FastLane Propose, only issue Proposals to Prospective Students where:
      1. the Prospective Student meets the Client's Offer Criteria for the particular course or programme;
      2. the Client intends to honour any Proposal Benefits offered to the Prospective Student in the Proposal.

1.2 Verification of Offers in Principle

  1. IDP must promptly following the issue of an Offer in Principle, use reasonable endeavours to contact the Prospective Student who received the Offer in Principle to:
    1. check that the Prospective Student is making an informed choice regarding the course or programme to which the Offer in Principle relates;
    2. verify that the Prospective Student's identification and qualification details appear to match those used to generate the Offer in Principle.
  2. The Offer in Principle will expire within 30 days of the date of issue if the Prospective Student does not respond or complete the verification process. If the verification checks are not passed (for example, where the Prospective Student's actual results do not match the information they submitted), the Offer in Principle will be cancelled.
  3. Following completion of the verification process IDP will inform the Prospective Student that their Offer in Principle has either become a Verified Offer in Principle, or was not able to be verified and has expired or been cancelled. The Client Portal will then show that the Offer in Principle has become a Verified Offer in Principle or has expired or been cancelled.

1.3 Applications by Prospective Students

  1. After verifying the Offer in Principle IDP will contact the Prospective Student to provide further student recruitment services and if appropriate to assist the Prospective Student to submit an application to the Client in accordance with the SRS Agreement.
  2. The Client acknowledges that IDP must act in the best interests of the Prospective Student, and IDP cannot offer any guarantees that the Prospective Student will submit an application for the course or programme to which the Verified Offer in Principle relates or to any course or programme offered by the Client.
  3. IDP will use best endeavours to include the Offer in Principle ID when submitting or assisting Prospective Students to submit applications to the Client to enable the Client to identify the applications as having been generated following receipt by the Prospective Student of a Verified Offer in Principle.
  4. The Client will:
    1. use best endeavours to issue an offer in an expedited timeframe for applications submitted by Prospective Students who hold a Verified Offer in Principle, and will meet any response timeframes agreed with IDP. Despite the foregoing, the Client shall not be required to issue an offer where the Prospective Student:
      1. has previously been excluded;
      2. does not meet competency requirements;
      3. has not passed the Client's mandatory pre-offer compliance checks (if any);
      4. has submitted inaccurate information;
      5. has cancelled or withdrawn their application; or
      6. the Client determines, acting reasonably, that an offer should not be made to the Prospective Student;
    2. share with IDP details of the final offer, Proposal Benefits provided, and enrolment status of all Prospective Students who receive a Verified Offer in Principle and subsequently submit an application to the Client (whether through IDP, a third party (e.g. another agent) or direct to the Client).
  5. In order to ensure continuity of service, the Client will use best endeavours to refer back to IDP any Prospective Students who have received a Verified Offer in Principle and who seek to apply direct to the Client.

2. Acknowledgements

2.1 Each Party must not knowingly, recklessly or negligently access, store, distribute or transmit any Viruses, or any material during the course of its use of FastLane that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; promotes unlawful violence; is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; causes damage or injury to any person or property; or would otherwise adversely affect either Party's reputation or the reputation of FastLane.

2.2 The Client must not, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the Parties, and except to the extent expressly permitted under these Terms:

  1. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of IDP's software in any form or media or by any means;
  2. attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of IDP's software;
  3. access all or any part of FastLane in order to build a product or service which competes with FastLane;
  4. use FastLane to provide services to third parties;
  5. license, sell, rent, lease, transfer, assign, distribute, display, disclose, commercially exploit, or otherwise make FastLane available to any third party; or
  6. attempt to obtain, or assist third parties in obtaining, access to FastLane.

2.3 The Client acknowledges and agrees that it is solely responsible for:

  1. for the accuracy of the Client Data and Offer Criteria and such Client Data and Offer Criteria will be used to make Offers in Principle to Prospective Students in accordance with these Terms;
  2. any Proposal Benefits offered and provided or not provided to Prospective Students; and
  3. for procuring, maintaining and securing its network connections and telecommunications links from its systems to enable it to access FastLane.

2.4 The Client acknowledges and agrees that in the event of any loss or damage to Client Data, the Client's sole and exclusive remedy against IDP shall be for IDP to use reasonable endeavours to restore the lost or damaged Client Data from the latest back-up of such Client Data maintained by IDP in accordance with its archiving procedure. IDP shall not be responsible for any loss, destruction, alteration or disclosure of Client Data caused by any third party (except those third parties sub-contracted by IDP to perform services related to Client Data maintenance and back-up).

2.5 Without limiting any obligations in the SRS Agreement:

  1. both Parties will keep confidential all Confidential Information provided by the other Party other than to the extent disclosure is required by law (including in the case of the Client, any requirement to disclose the confidential information under any applicable Freedom of Information laws) or to perform its obligations in accordance with these Terms; and
  2. each Party in performing its obligations hereunder shall comply with all applicable laws, including to the extent applicable to each Party:
    1. Privacy and Data Protection laws;
    2. Modern Slavery laws;
    3. Anti-Bribery and Anti-Corruption laws;
    4. Sanctions laws; and
    5. Non-Discrimination laws.

3. Duration of Terms

3.1 These Terms shall apply at all times during which Client has access to FastLane.

3.2 Either Party may terminate Client's access to FastLane:

  1. without cause upon not less than thirty (30) calendar days' written notice to the other Party;
  2. immediately upon written notice in the event that the other Party materially breaches these Terms or is insolvent.

3.3 IDP may suspend the Client's use of FastLane and remove or disable details and information regarding the Client from FastLane if IDP suspects that the Client Data or Offer Criteria are incorrect, out of date or misleading, or that the Client has breached any of its obligations in these Terms (including by failing to deliver any Proposal Benefit offered to a Prospective Student through FastLane Propose). IDP will seek to contact the Client promptly in order to resolve any such issue and will endeavour to minimise any such period of suspension and to give reasonable prior notice of the suspension where circumstances permit.

4. Definitions

4.1 Client Data means information and materials provided by or on behalf of the Client for inclusion in FastLane, including Client course and programme information and marketing materials (including logos).

4.2 Client Portal means IDP's online system made available to the Client under these Terms for the entry and amendment of Client Data and Offer Criteria and to access data regarding Prospective Students who have sought an Offer in Principle, or who have otherwise indicated a willingness to receive a Proposal from the Client, including real time details of Offers in Principle issued to Prospective Students.

4.3 FastLane means IDP's platform for determining whether Prospective Students meet an education institution's criteria for receiving an offer of admission.

4.4 FastLane Propose means IDP's enhanced version of FastLane which allows institutions the opportunity to pro-actively make Proposals to Prospective Students who meet their criteria.

4.5 IDP Student Channels means the platforms and services through which IDP engages with Prospective Students from time to time, including on the date of publication of these Terms: IDP.com, Hotcourses International websites, the IDP app, IDP events (including online) and IDP counselling offices.

4.6 Offer Criteria means the Client's minimum offer-making rules for making an Offer in Principle to a Prospective Student for a particular course or programme.

4.7 Offer in Principle means an indicative offer received by a Prospective Student through FastLane.

4.8 Offer in Principle ID means the identification number given by IDP to Prospective Students who obtain an Offer in Principle through FastLane.

4.9 OIP Schedule means any agreement, addendum or service schedule relating to the Client's access to Offer in Principle (also known as FastLane).

4.10 Proposal means an invitation made by the Client to a Prospective Student to apply to the study a course or programme at the Client.

4.11 Proposal Benefit means a benefit offered by the Client to a Prospective Student through FastLane Propose in return for the Prospective Student applying to study with the Client.

4.12 Prospective Student means an individual who uses FastLane to access information about education institutions and to seek an indicative assessment that they meet the required criteria set by the education institution to receive an offer for a particular course and intake.

4.13 SRS Agreement means any agreement between IDP and the Client for the provision of student recruitment services (however described).

4.14 Verified Offer in Principle means an Offer in Principle that has been verified by IDP in accordance with these Terms.

4.15 Virus means any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.

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