Terms of Service

1. Who we are

Asia Pathway is a trade name of WonderMaple Inc., a corporation incorporated under the Canada Business Corporations Act on 20 May 2020. Business number: 733789879RC0001. Registered office: 28 Rosebank Drive, Toronto, Ontario M1B 5Z1, Canada. Telephone: +1 647-237-3989. General enquiries: [email protected]. Legal and privacy: [email protected]. In these Terms, "Asia Pathway", "we", "us" and "our" mean WonderMaple Inc. "You" and "your" mean the person using the Platform or receiving our Services. "Platform" means the asiapathway.com website, the student portal, and any related application or service we operate. These Terms form a binding agreement between you and WonderMaple Inc. They apply every time you use the Platform, whether or not you pay us anything.

2. Documents that form part of this agreement

These Terms incorporate by reference, and should be read together with, the Privacy Policy, the Cookie Policy, the Refund Policy, the Lesson & Class Policies, the Disclaimer, and any Service Agreement or written engagement you sign with us for paid services. Where there is a conflict between these documents, the following order of precedence applies: (1) a signed Service Agreement; (2) the Refund Policy; (3) these Terms; (4) all other policies.

3. Accepting these Terms

You accept these Terms by creating an account, submitting an enquiry or application through the Platform, purchasing a Service, or otherwise using the Platform. Where we ask you to confirm your acceptance by ticking a box or clicking a button, that action has the same legal effect as a signature. You agree to transact with us electronically and to receive notices, agreements and records in electronic form. If you do not agree to these Terms, do not use the Platform.

4. Who may use the Platform

You must be at least 16 years old to create an account, and at least 18 years old (or the age of majority where you live, if higher) to enter into a paid agreement with us in your own name. If you are under 18, a parent or legal guardian must enter into the agreement on your behalf; that parent or guardian becomes the contracting party, is responsible for all fees, and accepts these Terms for both of you. We may ask for evidence of the relationship and of consent, and may decline to proceed until we receive it. Some programs we list, including secondary school and boarding placements, are designed for applicants under 18, and are subject to additional guardianship, consent and safeguarding requirements which we will set out in writing before any application is submitted. You must have the legal capacity to enter into a binding contract, and must not be barred from receiving our Services under any applicable law or sanctions regime.

5. What we do

We are an independent education advisory and student recruitment company. Our Services may include: helping you identify programs and institutions that fit your goals, budget and eligibility; preparing, reviewing and submitting applications to institutions on your instructions; guiding you through student visa and permit documentation; providing information about scholarships and assisting with scholarship applications; referring you to third parties for accommodation, insurance, travel and related services; and providing pre-departure and arrival information and support. The Services we will actually provide to you, and any fee for them, are those set out in your Service Agreement or confirmed in writing. Nothing on the Platform obliges us to accept you as a client or to submit any application.

6. What we are not, and what we do not guarantee

This section is important; please read it carefully. What we are not: we are not a university, college, school or other educational institution; we are not a government department, embassy, consulate, visa authority or immigration authority; we are not a law firm and we are not your legal representative; we are not registered migration agent, and we do not provide immigration advice or representation; we are not a travel agency, insurer or accommodation provider. No guarantee of outcome: decisions that determine the outcome of your plans are made by others, not by us. We do not and cannot guarantee that you will be admitted to any program, that any visa or permit will be granted, renewed or extended, that any scholarship will be awarded, that any credit will be recognised, that any accommodation will be available, or that any employment, income or immigration status will result from any program. Fees are for services, not outcomes: where we charge a fee, that fee is for the professional services we perform, and is earned when those services are performed, regardless of the result. Refusal of admission, refusal or delay of a visa, withdrawal of a scholarship offer, or a change in your own circumstances does not by itself entitle you to a refund, except as set out in the Refund Policy or as required by law that cannot be contracted out of. Information may change: program details, entry requirements, tuition, living costs, visa rules and scholarship criteria change frequently and often without notice; information on the Platform is provided for general guidance, is accurate only as at the date stated, and must be verified with the institution and official government sources before you rely on it. Destination-specific note: for programs in Australia and New Zealand we act as a referrer and provide application support only; we do not provide migration assistance or immigration advice in relation to those countries, and we do not charge any fee for immigration assistance. Visa applications for those destinations must be made by you, or through a person registered or licensed to give such advice in that jurisdiction.

• Admission decisions are made solely by the institution.
• Visa, permit and residence decisions are made solely by the immigration authorities of the destination country.
• Scholarship decisions are made solely by the awarding body.
• Academic credit recognition decisions are made solely by your home institution.
• Accommodation, insurance and travel are provided by third parties on their own terms.

7. Your responsibilities

You must give us complete, accurate and current information, and tell us promptly if anything changes — including your contact details, immigration history, academic record, financial position, and any previous visa refusal. You represent and warrant that every document and statement you provide is genuine, unaltered, and accurately represents your academic, financial, identity and immigration history. Submitting forged, altered, purchased or fraudulently obtained documents is a fundamental breach of these Terms; where we have reasonable grounds to suspect that a document is not genuine, we may suspend your application, decline to submit it, terminate your account, and disclose our concerns to the relevant institution or authority, and we are not required to give you notice first. You are responsible for meeting application, visa, payment and enrolment deadlines; we will use reasonable efforts to notify you of deadlines we are aware of, but we are not responsible for a deadline you miss. You are responsible for complying with the immigration, tax, employment, health and other laws of your home country and your destination country, both before and during your program. You are responsible for satisfying yourself, before you commit, that a program, institution, accommodation or insurance product meets your needs.

8. Accounts

You must keep your login credentials confidential and must not share your account; you are responsible for all activity under your account. You must notify us immediately at [email protected] if you suspect unauthorised access. You may close your account at any time. Closing your account does not by itself cancel a paid engagement, end your payment obligations, or require us to delete records we are required to retain. Section 20 explains what happens on termination.

9. Fees, payment and taxes

Many of our Services are provided at no charge to you. Where a fee applies, we will tell you the amount and what it covers before you commit, and you will not be charged until you confirm. Unless we state otherwise in writing, all fees are quoted and charged in United States dollars (USD); if your payment method is denominated in another currency, your bank or card issuer will apply its own exchange rate and may charge a conversion or foreign transaction fee, and those costs are yours, not ours, and cannot be refunded by us. Fees are exclusive of taxes unless stated; where Canadian GST/HST or any other tax applies to a Service it will be shown separately and added at checkout, and you are responsible for any tax, duty or levy imposed in your own jurisdiction. Payments are processed by Stripe; we do not receive or store your full card number, and your use of Stripe is also governed by Stripe's own terms. If a payment is declined, reversed or charged back, we may suspend Services until the matter is resolved. Refunds are governed by the Refund Policy, which forms part of this agreement.

10. Tuition and third-party charges

We do not hold your tuition. Tuition, program fees, deposits and other institutional charges are paid by you directly to the institution; these funds do not pass through, and are never held in, any account controlled by WonderMaple Inc. Refunds of tuition or program fees are governed entirely by the institution's own refund policy; we have no authority to grant, withhold or vary such a refund, and we are not responsible for an institution's refusal to refund. Accommodation, insurance, flights, airport transfer, language testing and similar services are supplied by third parties under a separate contract between you and that provider; we refer you to those providers, we do not supply, control or underwrite their services, we are not a party to your contract with them, and any dispute about those services is between you and the provider. Never send money to any individual claiming to represent Asia Pathway: legitimate payments to us are made only through the Platform's Stripe checkout or against an invoice issued by WonderMaple Inc. from an @asiapathway.com address. If in doubt, call us on +1 647-237-3989 before paying.

11. Language lessons

Online language lessons booked through the Platform are delivered by independent contractors, not by employees of WonderMaple Inc. Our role is to facilitate the booking and to provide the platform through which lessons are arranged. Cancellation, rescheduling, no-show and technical-issue rules are set out in the Lesson & Class Policies. Nothing in this section limits any obligation we owe you under applicable law in respect of Services we arrange.

12. How we are compensated, and how we manage conflicts

We receive compensation from partner institutions when a student we refer enrols, and we may earn affiliate commission when you purchase third-party services such as accommodation, insurance or travel through a link we provide. The amount of that compensation varies between institutions and between programs; we disclose this openly because you should be able to weigh it. Institutional compensation does not increase the fees you pay, and does not change the advice a counsellor gives you about programs, applications or related decisions. Our recommendations are generally drawn from institutions with which we hold a partnership; suitable programs exist at institutions we do not represent, and if you ask, we will tell you whether we receive compensation in relation to a specific institution and will identify non-partner alternatives. We may also compensate an independent counsellor or partner organisation who refers a student to us. Questions about this section may be directed to [email protected].

13. Your content

You retain ownership of the documents, text and materials you upload. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, translate, transmit and disclose your content solely for the purpose of providing the Services you have asked for — including submitting your application to institutions, supporting visa documentation, and instructing the service providers you have engaged; this licence ends when we delete the content in accordance with our Privacy Policy retention schedule. We will not use your name, photograph, story, results or testimonial in any marketing material unless you give us separate, specific, written consent, which you may withdraw at any time by writing to [email protected], after which we will stop using the material within a reasonable period, though we may be unable to recall material already printed or distributed. You warrant that you have the right to provide the content you upload and that it does not infringe any third party's rights.

14. Acceptable use

You must not use the Platform in any of the following ways.

• For any unlawful purpose, or in breach of any applicable law or sanctions regime.
• To provide false, forged, altered or misleading information or documents.
• To impersonate another person, or apply on another person's behalf without written authority.
• To facilitate immigration fraud, document fraud, or evasion of immigration controls.
• To scrape, crawl, harvest or use automated means to extract content or data from the Platform.
• To use Platform content to train, fine-tune or evaluate any machine learning or artificial intelligence model.
• To attempt to gain unauthorised access to the Platform, another user's account, or our systems.
• To introduce malware, or interfere with the operation, integrity or security of the Platform.
• To circumvent an introduction we have made in order to deal directly with a partner institution in a way that avoids our compensation, where we introduced you to that institution.
• To abuse, threaten or harass our staff, our contractors, or the personnel of any institution or provider.

15. Intellectual property

The Platform, including its design, code, text, images, guides, program database, tools and the Asia Pathway name and logo, is owned by WonderMaple Inc. or its licensors and is protected by copyright, trademark and other laws. We grant you a limited, revocable, non-transferable licence to access and use the Platform for your own personal, non-commercial purpose of researching and applying to programs; all other rights are reserved. All third-party names, logos and trademarks appearing on the Platform are the property of their respective owners; their appearance indicates that programs at those institutions have been offered, applied for, or are listed through Asia Pathway, and does not imply any partnership, sponsorship, affiliation or endorsement unless we expressly say so. If you believe material on the Platform infringes your rights, write to [email protected] with details sufficient to identify the material and your rights in it, and we will investigate and, where appropriate, remove or disable access to it.

16. Privacy

Our handling of your personal information — including the transfer of your documents to institutions and authorities outside Canada — is described in the Privacy Policy. Please read it before you upload anything to the Platform.

17. Disclaimers

The Platform and its content are provided "as is" and "as available." To the fullest extent permitted by law, we exclude all representations, warranties and conditions, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, secure, or free of harmful components, or that any defect will be corrected, and we do not warrant that information on the Platform is current, complete or accurate. Some jurisdictions do not permit the exclusion of implied warranties or conditions; where such a law applies to you, the exclusions in this section apply only to the extent that law permits, and nothing in these Terms limits or excludes any right, warranty, condition or remedy you have under consumer protection legislation that cannot lawfully be contracted out of, including the Consumer Protection Act, 2002 (Ontario).

18. Limitation of liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profit, revenue, opportunity, data, savings, academic progress or reputation, however caused, whether or not foreseeable, and whether in contract, tort (including negligence), statute or otherwise. To the fullest extent permitted by law, our total aggregate liability arising out of or in connection with these Terms, the Platform and the Services — for all claims combined — will not exceed the greater of (a) the total fees you paid to us in the twelve (12) months immediately before the event giving rise to the claim, and (b) one thousand United States dollars (USD $1,000). We are not liable for the acts, omissions, decisions, insolvency or default of any institution, government authority, accommodation provider, insurer, airline, language teacher, or other third party. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited. Where you deal with us as a consumer and applicable consumer protection legislation gives you rights or remedies that cannot be excluded or limited, this section applies only to the extent that legislation permits.

19. Indemnity

You will indemnify and hold harmless WonderMaple Inc., its directors, officers, employees and contractors against any loss, liability, claim, penalty, sanction, fine, cost or expense (including reasonable legal fees) arising from any document or information you provided that was false, forged, altered or misleading; your breach of these Terms or of any applicable law; your breach of any contract with an institution or third-party provider; or any claim brought against us by a third party in connection with your use of the Services. This section does not apply to the extent the loss was caused by our own negligence or wilful misconduct, and does not apply where you deal with us as a consumer and the indemnity would be unenforceable under applicable consumer protection law.

20. Suspension and termination

We may suspend or terminate your access, or decline to provide or continue any Service, where you breach these Terms; we suspect fraud or document falsification; we are required to do so by law, by a sanctions regime, or by an institution or authority; or you behave abusively toward our people or our partners. Where it is lawful and practical to do so, we will give you notice and a chance to respond. You may stop using the Platform and close your account at any time. On termination: your licence to use the Platform ends; applications already submitted may or may not be capable of withdrawal, depending on the institution; fees already earned remain payable and are refundable only in accordance with the Refund Policy; and we will retain records as described in the Privacy Policy, including where we are required by law to keep them. Sections 6, 7, 9, 10, 12, 13, 15, 17, 18, 19, 20, 22, 24 and 25 survive termination.

21. If something goes wrong — complaints

We would rather resolve a problem than argue about it. Contact us first at [email protected] or +1 647-237-3989, setting out what happened and what you would like us to do. We will acknowledge within five business days and give you a substantive response within thirty days, or tell you why we need longer. If you are not satisfied, you may ask for the matter to be escalated to a director of WonderMaple Inc., who will review it independently of the person who handled it. If the matter still cannot be resolved, section 24 applies. This procedure does not limit your right to complain to a regulator or to bring proceedings.

22. Changes to these Terms

We may change these Terms. Every version carries a version number and an effective date, and superseded versions remain available on request. For material changes, we will give you at least thirty (30) days' notice by email or through the Platform before the change takes effect, and the notice will identify the clause as it currently reads and as it will read. Changes apply prospectively only: a change does not affect a Service you have already paid for or a Service Agreement already in force, which continues under the version of these Terms in effect when you entered into it. If you do not accept a material change, you may close your account before the change takes effect; continuing to use the Platform after that date means you accept the change.

23. Geographic scope

The Platform is operated from Ontario, Canada. We make no representation that the Platform or the Services are appropriate or available for use in any particular location. We do not currently offer or market our Services to residents of Quebec; if you are a Quebec resident, please contact us before purchasing any Service. If you access the Platform from outside Canada, you are responsible for complying with your local law.

24. Governing law and disputes

These Terms, and any dispute arising out of or in connection with them or the Services, are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in that province, without regard to conflict-of-laws principles; the United Nations Convention on Contracts for the International Sale of Goods does not apply. Before starting any proceeding, the parties will attempt in good faith to resolve the dispute through the complaints procedure in section 21 and through direct negotiation for a period of thirty (30) days. Subject to the consumer provision below, the courts of the Province of Ontario, sitting in Toronto, have exclusive jurisdiction, and you submit to that jurisdiction and waive any objection based on forum or venue. Where you are not a consumer — for example, an institution, agency, contractor or other business — any dispute not resolved by negotiation will be finally determined by arbitration administered by the ADR Institute of Canada under its Arbitration Rules, before a single arbitrator, seated in Toronto, Ontario, conducted in English, and the arbitrator's award is final and binding. If you are a consumer, nothing in this section requires you to arbitrate, prevents you from commencing or joining a class proceeding, or limits any right you have under consumer protection legislation that cannot be contracted out of; either party may bring a claim in a small claims court of competent jurisdiction, and either party may seek injunctive relief in any court to protect its intellectual property or confidential information. Any claim must be brought within two (2) years after the claim arose, except where a longer period is required by law.

25. Sanctions, anti-corruption and lawful conduct

You represent that you are not subject to, and not owned or controlled by a person subject to, any economic sanctions administered by Canada, and that you will not use the Services in breach of any sanctions or export control law. WonderMaple Inc. complies with the Corruption of Foreign Public Officials Act (Canada) and equivalent laws; we do not offer, give, solicit or accept any improper payment or benefit to or from any person, including officials and employees of public institutions, to obtain an admission decision, a visa outcome, a scholarship, or any other advantage. You must not ask us to do so, and you must not do so yourself in connection with an application we handle.

26. General

These Terms, together with the documents listed in section 2, are the entire agreement between you and us on their subject matter, and replace any previous understanding; nothing in this clause limits liability for fraudulent misrepresentation. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions continue in force. A failure to enforce a provision is not a waiver of it. We may assign these Terms, in whole or in part, to an affiliate or in connection with a merger, reorganisation or sale of all or substantially all of our business, on notice to you; you may not assign your rights or obligations without our written consent. We are not liable for any failure or delay caused by an event beyond our reasonable control, including war, civil unrest, terrorism, epidemic or pandemic, natural disaster, border or embassy closure, suspension of a visa category, government action, strike, failure of a telecommunications or payment network, or the insolvency or closure of an institution; if such an event continues for more than sixty days, either party may terminate the affected Service, and the Refund Policy will determine what is refundable. We may give notice by email to the address on your account or by posting on the Platform, and notice is deemed received on the next business day; you give notice to us at [email protected] or by mail to the registered office in section 1. No person other than you and WonderMaple Inc. has any right to enforce these Terms. Nothing in these Terms creates a partnership, joint venture, employment, or fiduciary relationship between you and us. These Terms are drafted in English, and the English version governs; any translation is provided for convenience only. Headings are for convenience and do not affect interpretation.

27. Contact

WonderMaple Inc. (o/a Asia Pathway), 28 Rosebank Drive, Toronto, Ontario M1B 5Z1, Canada. Telephone: +1 647-237-3989. General enquiries: [email protected]. Legal, privacy and refunds: [email protected].