Terms & Conditions
Learn more about your rights and responsibilities at StudentApply
Your acceptance by clicking on the appropriate button when signing up for the services, or by otherwise using the services, you are agreeing to be bound by the terms of this agreement. If you have any questions or concerns about the terms of this Agreement, please contact us at firstname.lastname@example.org.
I. DEFINITIONS AND INTERPRETATIONS
In these Terms and Conditions, the subsequent words will have the following definitions:
- “Terms and Conditions” has the meaning set out in the first paragraph of this agreement.
- “School Partners” means any and all educational institutions, including all kinds of third parties associations or individuals that enters into an agreement with StudentApply so that their Programs, as defined below, get offered by StudentApply Website, the Recruitment Partners or any third party authorized to promote their Programs.
- “StudentApply Website” means the StudentApply Website and the Services, including the Content therein, as modified from time to time; which StudentApply is enabled to do at its own discretion. It also includes any further App or Web Application that StudentApply develops in order to provide the Services.
- “Agreement” has the meaning set out before in this Agreement.
- “Applicable Law” means any domestic or foreign law, or any applicable guideline published and enforceable in any way to this Agreement issued by any Governmental or Regulatory Authority in any binding jurisdiction to this Agreement.
- “Confidential Information” means information considered confidential or proprietary by StudentApply, in the way described hereunder.
- “The Receiving Party” means either Party that receives Confidential Information from the other Party.
- “The Disclosing Party” means any Party that discloses or delivers Confidential Information of the other Party.
- “Governmental or Regulatory Authority” means any national or otherwise territorial, authority, with sufficient power to enforce a law, norm or ruling over this Agreement, or purporting to have jurisdiction over StudentApply.
- “Party” means each of StudentApply and you as individuals; “Parties” means StudentApply and you collectively.
- “Personal Information” means information about an identifiable individual.
- “Program” means a study program or learning opportunity, offered by the School Partners. These Programs may include but are not limited to language programs, summer camps, academic programs or pathway programs for international students to transition easily to a new Country.
- “Recruitment Partner” means any individual, subagent (which doesn’t imply a legal agency or direct StudentApply representation agreement), contractor or entity that you engage with in order to be represented before StudentApply and to submit in your favor an Application to a Program using StudentApply Website or App. The word Application and the word Submission, and what it implies for you as an applicant to the Programs are defined hereunder.
- “Services” has the meaning set out hereunder, it refers specifically to the Services provided by StudentApply
II. STUDENTAPPLY’S SERVICES.
StudentApply’s Services (the “Services” as defined before),” consist on:
- The provision of access to certain information or material, including, but not excluding further information, e.g. pricing, features, promotion and information of third parties like School Partners (the “Content”), through StudentApply’s Website directed to assist you through the Application process to School Partners and their particular Programs, which are appropriately identified on the StudentApply Website; it has to be noted that offered Programs may imply for you a process of Visa Application and the need to travel to a foreign country for long periods of time in order to assist and participate in it;
- The provision of certain information that will allow you to use StudentApply’s Website; this information may include, user IDs and passwords and/or the ability to create user IDs and/or passwords (“Access Information”). Access Information is provided on the understanding that it is personal to you; you will not permit anyone other than you or your authorized representatives to obtain access to the StudentApply Website using the Access Information, your use of Access Information in such matter will be understood as a breach of Contract and will have the consequences described hereunder.
- The provision of the ability to input Your Data (required Personal Information) into the StudentApply Website; with the upload of Your Data you are allowing StudentApply to act as an intermediary, andto pass Your Data to the School Partners for which you submit your Application, this process is the one that enables you to apply to the offered Programs (each, an “Application”); offered Programs will only be the ones expressly introduced on StudentApply’s Website; and,
- Subsequently, on a case-by-case basis, StudentApply will facilitate your Application by assisting you with communications with School Partners, passing through Application fees and other payments associated with an Application, and providing guidance and advice associated with an Application. This particular Service will not be provided for all Applications, Applicants or School Partners; when provided, StudentApply Website will expressly inform about its availability, if it is not expressed for your particular Program of interest, the Service is not provided.
You understand that StudentApply is not an educational institution, company, organization, or associations, and that its participation on your Application process is only as an intermediary; given this, StudentApply’s intervention as an intermediary does not guarantee your acceptance in the selected Program by School Partners, therefore your rejection from the Program will not be held as a responsibility or obligation of StudentApply nor a breach of Contract.
III. YOUR DATA.
- Access: StudentApply will provide you with access to use the Services here described. We may also provide you with access to use our Free Services at any time. In order to Access the Services and the Free Services you might by required to register and create a StudentApply Account and enter Your Data in such process. By registering with a StudentApply Account, you are accepting this Terms and Conditions, and StudentApply will grant you a personal, non-exclusive and non-transferable right to use the Website; in order to gain such access you must;
- Provide up-to-date complete and accurate Personal Information or other data submitted by you to the StudentApply Website or otherwise provided to StudentApply, including name information, contact information, citizenship and legal status, gender, date of birth, home and mailing address, marital status, emergency contact information, financial information, education qualification, employment information, educational information, transcript, Language test score if needed, passport details, information required for visa application if needed, including financial and medical information (“Your Data”), as requested by StudentApply on StudentApply’s Website, School Partners, and as required to process your Application;
- Where payment is required, you will be requested to provide up-to-date, complete and accurate payment information as required by StudentApply or StudentApply’s third party payment processor, as applicable (which may include credit card information for a credit card that is valid and legally registered to you, your Parents or Guardian, when it proceeds); and obtain all relevant permissions from any affected third party, such as your educational institution, Parents or Guardian, for StudentApply to collect Your Data.
- Quality of Your Data and Feedback:
- StudentApply does not assess Your Data for quality or otherwise, it is your sole responsibility to upload Your Data as it is asked by School Partners and the Program in particular you are submitting your Application to.
- Any judgment exercised by StudentApply respecting Your Data, is solely based on the compliance requirements of School Partners; nonetheless, StudentApply isn´t required or obligated in any way to impart any kind of judgment over Your Data. Any inconsistency between Your Data and the Data required by the School Partners will be your sole responsibility.
- Consent to the Processing of Your Data.
- StudentApply’s provision of Your Data to any School Partner, visa agencies, Language test score organizations if needed, professional bodies, third party service providers to StudentApply in compliance with applicable laws according with this Agreement; notwithstanding the foregoing, StudentApply reserves the right at all times to disclose any Personal Information as it deems necessary to satisfy any Applicable Law, legal process or requirements of a Governmental or Regulatory authority.
- Receiving communications in any electronic and physical format from StudentApply regarding StudentApply’s products and services, and also third parties related services
StudentApply may also use itself or provide to third parties, Your Data, , in a manner that does not identify you (“De-Identified Data”), for StudentApply’s business uses, including for the purposes of enhancing and fixing the StudentApply Website, performing analytics, marketing, and selling such De-Identified Data for profit. StudentApply will own any and all intellectual property rights in the output of StudentApply’s use of any such De-identified Data.
V. LICENSE TO USE THE STUDENTAPPLY WEBSITE.
Subject to the terms and conditions in the Agreement and any restrictions contained in the Content, StudentApply hereby grants you a personal, non-exclusive, revocable, non-transferable license to access the StudentApply Website solely for the purposes of using the Services, view the Content, and submit an Application to the School Partners.
VI. YOUR REPRESENTATIONS AND WARRANTIES.
- You state that you have all the sufficient and necessary rights and/or possess the necessary permissions to covenant and warrant that you have reached the majority of age in your jurisdiction of residence and have the legal authority to create a binding legal obligation, and if not, you have the consent of a responsible adult who has the legal authority to create a binding legal obligation in your favor, meaning your parents, guardian, tutor, or other;
You represent that you will not permit anyone other than yourself or your authorized designate to obtain access to the StudentApply Website through your StudentApply account or otherwise using your Access Information; Also, you will only use the StudentApply Website in accordance with this Agreement and Applicable Laws including those related with StudentApply’s intellectual property rights.
- You warrant and declare that Your Data is true, accurate, current and complete, vowing to rectify and correct it if otherwise.
Recruitment Partners are not allowed to solicit or process any immigration documents or proceed with visa related formalities, unless they are certified for such matters, therefore, before setting forward any formality on this issue, is your responsibility to verify that your recruitment partner complies with applicable Law for the country to which you are applying to; failure to comply with such verification will constitute your sole responsibility.
- You will be solely responsible for all activities performed by you or your designates on StudentApply Website;
- You will not use the StudentApply Website to provide commercial services to others, for your personal pecuniary benefit, or the benefit of a third party;
- You have the right and the authority to enter into this Agreement, warrantying your compliance with all of its provisions;
- You have all legal rights and/or authorizations needed to use the StudentApply Website,;
- You are not located in a country that is subject to an embargo or sanctions by the country in which the School Partner is located;
- You are not listed on any U.S. Governmental or Regulatory Authority lists of prohibited or restricted parties;
- You agree to obtain all authorizations necessary from all third parties for your use of any third-party data in conjunction with the StudentApply Website;
- You will ensure that your use of the StudentApply Website does not interfere with, degrade, or adversely affect any software, system, network or data used by any person including StudentApply and other users of the StudentApply Website;
- You will not in any way use the StudentApply Website to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal contravention, cooperating with StudentApply to detect any breach of this Agreement or Applicable Law;
- You will not alter, modify, delete, or otherwise interfere with any Content accessible through the StudentApply Website; and
- You will comply with the terms and conditions of any agreements entered into between you and any third party for the proper use of the Services provided by StudentApply.
VII. RESTRICTIONS AND LIMITATIONS ON YOUR USE OF THE STUDENTAPPLY WEBSITE.
- Access to Programs: Not all School Partners have agreements with SutdentApply that allow your Application to their Programs through the StudentApply Website, therefore, the StudentApply Website will specifically inform you when the Program you have chosen accepts Application submissions through the website, and given the case they are not, the StudentApply Website will inform you about the steps you can take to submit your Application. Not all Programs of our School Partners are accessible through the StudentApply Website.
- Usage Policies: The StudentApply Website will be subject to the usage policies as provided to you by StudentApply from time to time, which includes any posting on the Website. You are solely responsible for compliance with such policies and keeping up to date with every update.
- Equipment: StudentApply will not be held responsible for your selection, implementation, installation, maintenance and performance of any and all equipment, software and services used by you in any related way with the Website, if any issue arises with your equipment while you are using StudentApply Website, such issue will be your sole responsibility.
- Not for Time Sensitive Applications: The StudentApply Website is not developed for you to submit time sensitive Application; if you have any doubt regarding this matter contact StudentApply or contact School Partners directly.
- In line to the Restrictions on StudentApply Website use, you will not:
- Copy, reproduce, modify, enhance, improve, alter, reverse engineer, disassemble, deconstruct, translate, decrypt, reverse compile or convert into human readable form the StudentApply Website, or any part thereof;
- Distribute, assign, license, sublicense, lease, rent, transfer, sell or otherwise provide access to the StudentApply Website, in whole or in part, to any third party on a temporary or permanent basis;
- Remove, deface, cover or otherwise obscure any proprietary rights notice or identification on the Content (including without limitation any copyright notice);
- Use the Website in any way inconsistent with the use parameters for the StudentApply Website;
- Attempt to hack the StudentApply Website or any communication initiated by or made through the StudentApply Website or to defeat or overcome any encryption or other technical protection methods implemented with respect to the StudentApply Website, data or Content or programming transmitted, processed or stored by StudentApply or other users of the StudentApply Website;
- Collect any information or communication about the users of the StudentApply Website, by monitoring, interdicting or intercepting any process of or communication initiated by the StudentApply Website or by developing or using any software or any other process or method that engages or assists in engaging in any of the aforementioned; or
- Use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, packet-sniffer, Trojan-horse routing, trap door, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access to the StudentApply Website or any computer system or that are designed to monitor, distort, delete, damage or disassemble the StudentApply Website or its ability to communicate and perform the Services.
- Authorize, permit or otherwise acquiesce in any other party engaging in any of the activities set forth in this Section 7, or attempting to do so.
VIII. CHANGES TO TERMS AND CONDITIONS; CHANGES TO STUDENTAPPLY WEBSITE; RIGHT TO EDIT AND REMOVE YOUR DATA; SUSPENSION OR TERMINATION.
- Changes to Terms and Conditions: StudentApply reserves the right to change these Terms and Conditions at any time without notice. Your use of the StudentApply Website after this changes get implemented, will be understood as your acceptance to comply with StudentApply new Terms and Conditions. However, StudentApply isn´t obliged in any way to notify you of any changes implemented in these Terms and Conditions or in any other binding legal document within you and StudentApply, it will be your sole responsibility to keep up to date with any changes.
- Changes to the StudentApply Website: As proprietary and sole owner of the StudentApply Website, StudentApply reserve the right to, at any given time, implement, change, adjust, amend, modify, suspend, or discontinue any and/or all of the Content, School Partners and Programs shown on the Website, without this meaning or implying a breach of contract or any kind of liability.
- Right to Edit and Remove Your Data: Notwithstanding anything to the contrary herein, StudentApply reserves the right to review Your Data stored in files or programs on StudentApply’s servers to verify your compliance with this Agreement. StudentApply has the right to edit or remove any of Your Data that, in StudentApply’s sole discretion, StudentApply believes may be unlawful, obscene, abusive, or otherwise objectionable.
- Suspension or Termination: StudentApply may impose limits on the StudentApply Website or terminate or restrict your access to parts or all of the StudentApply Website without liability. The aforementioned limitations, may or may not be notified in advance, the absence of notification before the imposition of a limitation will not be understood as a breach of contract, and will not hold StudentApply liable in any possible way. The decision of imposing a limitation to your usage of the StudentApply Website will be made at StudentApply sole discretion, based on your activities within the Website. Investigations: StudentApply reserves the right to investigate suspected violations of this Agreement. Given any suspicion of any violation, StudentApply will call you in and will urge you to, and you will be obliged to, cooperate with:
- Governmental or Regulatory Authorities in the investigation of suspected criminal violations;
- School Partners investigating academic fraud or other misdemeanors, relating to your Application or otherwise; and
- System administrators at Internet service providers, networks or computing facilities, and other content providers, in order to enable StudentApply to enforce the terms and conditions of this Agreement and repair any error the StudentApply Website, might present in your process of Application, this information, when appropriate, will be shared by StudentApply in order to fix such errors or nonconformities
IX. FEES, PAYMENT AND TAXES.
- You will pay all applicable fees in connection with the StudentApply Website, as set forth in StudentApply’s standard price list, and on StudentApply’s website or as otherwise provided to you. Fees are quoted and payable in United States of America Dollars - USD.
- StudentApply may require you to pay an Application processing deposit depending on the country from which you are applying, other characteristics applicable to applicants, and the related likelihood of an Application being successful due to Governmental or Regulatory Authority. The details regarding the Application processing deposit and countries to which it will apply may be viewed on the StudentApply website and may be changed by StudentApply from time to time. Registration fees to the StudentApply Website are NON-REFUNDABLE; with the exception of any circumstance in which your applicable legislation requires the obligation to offer a refund, situation in which you must prove the existence of such legal provision on your refund request, which will be reviewed by StudentApply on a case-by-case basis. In any situation, the refund process, if applicable, may take up to 60 days. In the event that StudentApply has initiated the procedures intended for your Application process, such as, having initiated communications with the School Partners, having sent any documentation to School Partners, or having made observations on your documentation, among others; your reimbursement request may be sanctioned with a percentage up to 70 % of the total value of the fee paid by you, this decision will be notified on a case-by-case basis.
- Fee Adjustments at Renewal: Upon renewal, we may increase your fees up to our then-current list price set out in our Product and Services Catalog. If this increase applies to you, we will notify you at least thirty (30) days in advance of your renewal and the increased fees will apply at the start of the next renewal term. If you do not agree to this increase, either party can choose to terminate this Agreement at the end of your then-current term by giving the notice required in the ‘Notice of Non-Renewal’
- Fee Payment.
- Fee Payment by Credit Card. If you are paying by credit card, you authorize us to charge your credit card or bank account for all fees payable during the Agreement Term. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party. Once you pay for the Services, you will be able to fully access them, and use the StudentApply Website for your Applications and further services.
- Payment Information. You will keep your contact information, billing information and credit card information (where applicable) up to date. Changes may be made on your Billing Page within your StudentApply account. All fees are due and payable in advance throughout the Agreement Term, your Application will not be processed before proper payment.
- Interest on Late Payments. In addition to any other rights and remedies available to StudentApply, StudentApply will be entitled to charge interest on all outstanding amounts at the lesser of 1.5% per month or the maximum rate permitted by Applicable Law, such interest commencing as of the due date for such payment.
- Sales Tax: All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Agreement Service and performance of Consulting Services. You shall have no liability for any taxes based upon our gross revenues or net income.
- You represent that you are registered for VAT purposes in your member state. At our request, you will provide us with the VAT registration number under which you are registered in your member state. If you do not provide us with a VAT registration number prior to your transaction being processed, we will not issue refunds or credits for any VAT that was charged.
- If you are required to withhold any taxes from payments owed under this Agreement, the amount of payment due will automatically be increased to offset such tax, so that the amount actually remitted to StudentApply will equal the amount due.
- You will promptly furnish StudentApply with copies of all official receipts evidencing payment of taxes due under or in relation to this Agreement to the appropriate taxing authority.
- Withholding Tax. If you are required to deduct or withhold tax from payment of your StudentApply fee, you may deduct this amount from the applicable Agreement Fee due to the extent it is due and payable as assessed withholding tax required under laws that apply to you (the “Deduction Amount”).
- You will not be required to repay the Deduction Amount to us, provided that you present us with a valid tax receipt verifying payment of the Deduction Amount to the relevant tax authority within ninety (90) days from the date of your payment. If you do not provide this tax receipt within the specified time period, then all fees, inclusive of the Deduction Amount, will be immediately due and payable, and failure to pay these fees may result in your account being suspended or terminated for non-payment.
Your use of the StudentApply Website following such changes constitutes your acceptance of any new or increased charges.
This Agreement will commence upon your acceptance of these Terms and Conditions on the StudentApply Website. Upon any termination or expiry of this Agreement for any reason (whether by you or by StudentApply), you must cease all use of the StudentApply Website. Termination of this Agreement will not provide you with the right to receive any refund in accordance with this Agreement.
- Termination for Cause. Either party may terminate this Agreement for cause, as to any or all StudentApply Services:
- Upon thirty (30) days notice to the other party of a material breach if such breach remains uncured at the expiration of such period; or
- Immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, cessation of business, liquidation or assignment for the benefit of creditors.
- This Agreement may be terminated by StudentApply immediately upon notice for cause if:
- You commit a material breach of this Agreement and fail to rectify the breach within 30 calendar days of StudentApply delivering notice of the breach;
- You commit a breach of any of your representations in this Agreement; or
- If StudentApply is prevented from providing any portion or all of the StudentApply Website due to: (a) your acts or omissions in breach of this Agreement; (b) acts or omissions of any third party (including any School Partner); or (c) any Applicable Law or ruling issued in any form whatsoever by a Governmental or Regulatory Authority.
- Non refunds: the situations where an application payment will not be returned to you include, but is not limited to, the following situations, if:
- you fail to provide the required documents to process the application;
- your visa application is rejected;
- you cancel your application before an admission decision is received;
- you get rejected from the program you are applying to.
- Early Cancellation: You may choose to cancel early at your convenience provided that, we will not provide any refunds of prepaid fees or unused Agreement’s Fees.
- Termination or expiry of this Agreement, for any reason, will not affect your payment obligation for any fees accrued hereunder or payments owing prior to the effective date of termination or expiry. The termination of this Agreement by either Party does not affect any accrued rights or remedies of either Party.
- Any provision of this Agreement which expressly states that it is to continue in effect after termination or expiration of this Agreement, or which by its nature would survive the termination or expiration of this Agreement, including this Section 7, will do so.
XI. CONFIDENTIAL INFORMATION.
- The Receiving Party will: (a) protect the confidentiality of the Confidential Information of the Disclosing Party using the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind, but in no event less than reasonable care; (b) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement; (c) not disclose Confidential Information of the Disclosing Party to any third party (except those third party service providers used by us to provide some or all elements of the Agreement Service or Consulting Services); and (d) limit access to Confidential Information of the Disclosing Party to those of its and its affiliates employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.
- The Receiving Party may disclose Confidential Information of the Disclosing Party if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena or legal process; provided, however, that:
- The Receiving Party will provide the Disclosing Party with prompt notice of any request that it disclose Confidential Information, sufficient to allow the Disclosing Party to object to the request and/or seek an appropriate protective order or, if such notice is prohibited by law, the Receiving Party will disclose the minimum amount of Confidential Information required to be disclosed under the applicable legal mandate; and
- In no event will the Receiving Party disclose Confidential Information to a party other than a government agency except under a valid order from a court having jurisdiction requiring the specific disclosure.
- You must keep the terms of this Agreement and all information provided by StudentApply confidential, except to the extent required to perform the Recruitment Services.
- You acknowledge that, during the course of the term of this Agreement, you may be exposed to Confidential Information.
- At all times during the Term and at all times following termination of this Agreement, whether voluntary or involuntary:
- You will maintain all Confidential Information in strict confidence, will take all necessary precautions against unauthorized disclosure of the Confidential Information, and will not directly or indirectly, disclose, allow access to, transmit or transfer any Confidential Information to a third party without the knowledge and express written consent of StudentApply;
- You will not use, disclose or reproduce the Confidential Information except as reasonably required in the receipt of the Services and with the knowledge and express written consent of StudentApply; and,
- You will advise StudentApply immediately in writing of any misappropriation, disclosure, conversion or misuse by any person of any Confidential Information of which you may become aware.
- Subject to StudentApply’s ability to disclose Your Data as permitted under this Agreement, StudentApply will use reasonable commercial endeavors to safeguard Your Data and keep it confidential, while Your Data is in StudentApply’s control, including implementing organizational and technical measures to protect your Personal Information. StudentApply may also retain and disclose Your Data to: (i) Governmental or Regulatory Authorities to the extent required by Applicable Law: (ii) its professional advisors to the extent required to: (A) enable StudentApply to fulfil its obligations pursuant to Applicable Law; or (B) defend or bring a claim relating to a breach of this Agreement.
- The nondisclosure obligations under this Agreement will not apply to information which a Party can establish:
- Is, or becomes, readily available to the public other than through a breach of this Agreement;
- Was disclosed, lawfully and without breach of any contractual or other legal obligation, to a Party by a third party without any confidentiality obligation attached to such information;
- Was lawfully known to a Party without any confidentiality obligation prior to receipt of the information; or,
- Was independently developed or discovered by a Party outside of the course of such Party’s performance of their obligations under this Agreement, without any reference to any Confidential Information obtained directly or indirectly from the disclosing Party.
- You will immediately return to StudentApply all Confidential Information which is in your possession or control upon the earlier of a request by StudentApply or the termination of this Agreement (whether voluntary or involuntary).
- Damages may not be an adequate remedy to compensate StudentApply for any breach of your obligations contained herein, and accordingly you agree that in addition to any and all other remedies available, StudentApply will be entitled to obtain relief by way of a temporary or permanent injunction to enforce your obligations.
XII. INTELLECTUAL PROPERTY.
This is an Agreement for your access to the Services, and you are not granted a license to any software by this Agreement. The Services, the Content, our features, the Programs and any information disclosed on the StudentApply Website are protected by intellectual property laws, they belong to and are the property of us or our licensors (if any), and we retain all ownership rights to them. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the StudentApply Website or the Services in whole or in part, by any means, except as expressly authorized in writing by us. Our trademarks include, but aren’t limited to, (i)www.studentapply.org, (ii) StudentApply LATAM, (iii) StudentApply EECA, (iv) StudentApply Vietnam, (v) StudentApply South East Asia, (vi) SA Global Application, (vii) StudentApply Education Partners Limited, (viii) StudentApplyGlobal and you may not use any of these without our prior written permission.
We encourage all customers to comment on the Services, provide suggestions for improving it, and suggest what they like. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the Services, without payment or attribution to you.
Disclaimer Of Implied Warranties: the StudentApply Website, including for greater certainty, the content, and references, links and information in the content, is provided to you “as is” without warranty or conditions of any kind, whether express or implied, including the implied warranties or conditions of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
XIV. YOUR RELIANCE ON CONTENT.
- StudentApply has no special relationship with or fiduciary duty to you, and you acknowledge that StudentApply has no control over, and no duty to take any action regarding any acts or omissions taken by you or any other user of the StudentApply website, including how you or any other user may interpret or use content accessed or developed through the StudentApply website, or what actions you may take as a result of having been exposed to content obtained through the StudentApply website.
- The content on the StudentApply website includes references to third parties, including the School Partners, links to third party websites or documents, and incorporates information obtained from third parties, including School Partners. Content may also be created by StudentApply based on such third-party information, which may change from time to time without notice to StudentApply.
- StudentApply assumes no responsibility for any errors, omissions, inaccuracies, effectiveness, standards compliance, copyright compliance, legality, decency, or any other aspect of the content provided through the StudentApply website.
- Under no circumstances will StudentApply be liable for any loss or damage caused by your reliance on content obtained through use of the StudentApply website, including any third party linked site (including any opinions, statements or advice).
- It is your responsibility to evaluate the accuracy, completeness and usefulness of any content provided, and use of the StudentApply website is solely at your own risk.
- StudentApply will have no liability whatsoever respecting any claim by you or any third party whose content is collected in your use of the StudentApply website, whether related to privacy or otherwise, in relation to StudentApply use of your data to provide the StudentApply website.
- Control of Third Parties: StudentApply has no control over StudentApply Partners or Institutions or any other entity granting visas, admissions, permits or other authorizations in connection with the Application; you acknowledge that the success of your Application is solely within the control of such third parties, not StudentApply, and therefore release StudentApply from all liability in relation to your Application.
- Rejection of Applications: Your process of Application through StudentApply Website does NOT guarantee acceptance to your selected Program(s) or School Partner(s). StudentApply is not responsible and may not be held liable in any way for your Application, mistakes in Your Data, or your failure to obtain entrance to your selected Program(s) or School Partner(s).
- Issues with School Partners: All issues respecting Applications, Programs, and your failure to comply with School Partner Policies, are solely as between you and the applicable School Partner, and StudentApply bears no responsibility or liability in relation to such matters.
- Inability to Access Country: You are solely responsible for fulfilling any entry requirements necessary to gain admission into the country where your Program is located in compliance with Applicable Law and any requirements of Governmental or Regulatory Authorities.
- Unauthorized use of Access Information: StudentApply is not responsible or liable in any way for any use of the StudentApply Website (authorized or unauthorized) by any third party accessing the StudentApply Website using your Access Information, and you accept all responsibility for such use of the StudentApply Website and any consequences resulting from such use of the StudentApply Website.
- Availability of the StudentApply Website: StudentApply will have no liability whatsoever to you or any party claiming by or through you for the timeliness or continued availability of the StudentApply website.
- Applicable Law: Some jurisdictions do not allow the exclusion of certain warranties or liability, so the above limitations or exclusions may not apply to you.
- Viruses: The downloading and viewing of Content is done at your own risk. StudentApply cannot and does not guarantee or warrant that the StudentApply Website or the Content are compatible with your computer system or that the StudentApply Website, or any links from the StudentApply Website or the Content, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the StudentApply Website.
- Communications Not Confidential or Secure: StudentApply does not guarantee the confidentiality of any communications made by you through the StudentApply Website, over the internet or over the telephone. Although StudentApply generally adheres to the accepted industry practices in securing the transmission of data to, from and through the StudentApply Website, you understand, agree and acknowledge that StudentApply cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the StudentApply Website.
XV. LIMITATION OF LIABILITY.
- To the maximum extent permitted under Applicable Law, in no event will StudentApply be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any indirect, incidental, consequential, special, exemplary or punitive damages, lost profits, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities, whether or not StudentApply is advised of the possibility of such damages, resulting from or related to the use of, or the inability to make use of, the StudentApply Website.
- To the maximum extent permitted under Applicable Law, in no event will the total aggregate liability of StudentApply in connection with or under this Agreement or your use of, or inability to make use of, the StudentApply Website, or for any other claim related in any way to your use of, or inability to make use of, the StudentApply Website exceed the sum of 200 United States of America Dollars - USD. For greater certainty, the existence of one or more claims under this Agreement will not increase the maximum liability amount.
- Nothing in this Agreement limits StudentApply’s liability for fraud, personal injury or death to the extent found to be caused by StudentApply’s negligence or willful misconduct.
- The limitations in this Section reflect the allocation of risk between the Parties. The limitations specified in this Section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
- Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitations or exclusions may not apply to you. when applicable, it will apply to you.
XVI. YOUR INDEMNITIES.
You will indemnify, defend and hold harmless StudentApply, and all of its officers, directors, employees and agents, its parent company, subsidiaries and affiliates, from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable legal and accounting fees, directly or indirectly due to, arising out of or in connection with:
- Your access to the StudentApply Website, and any reliance on any Content obtained by you through the StudentApply Website; or
- Your unauthorized use or misuse of the StudentApply Website; or
- Your breach of this Agreement; or
- The infringement, violation or misappropriation by you, or any third-party obtaining access to the StudentApply Website through your Access Information, of any intellectual property or other right of any third person or entity; or
- Your violation of any Applicable Laws.
- Force Majeure: Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
- Except as otherwise provided herein, the Parties rights and remedies under this Agreement are cumulative. The terms “include” and “including” mean, respectively, “include without limitation” and “including without limitation.” The headings of sections of this Agreement are for reference purposes only and have no substantive effect. Any rule of construction to the effect that any ambiguity in this Agreement will be resolved against the drafting party will not be applied to the interpretation of this Agreement.
- No Waiver: No waiver by either Party of a breach or omission by the other party under this Agreement will be binding on the waiving Party unless it is expressly made in writing and signed by the waiving Party. Any waiver by a Party of a particular breach or omission by the other Party will not affect or impair the rights of the waiving party in respect of any subsequent breach or omission of the same or different kind.
- Contract for Services: This Agreement is a contract for the provision of services and not a contract for the sale of goods. Nothing contained in this Agreement will be construed to create or imply a joint venture, partnership, principal-agent, or employment relationship between the Parties. Except as expressly authorized by StudentApply in writing, you will neither act nor purport to be acting as the legal agent of StudentApply, nor enter into any agreement on behalf of StudentApply or otherwise bind or purport to bind StudentApply in any manner whatsoever.
- Notices: We may give electronic notices and may give electronic notices specific to you by email to your e-mail address(es) on record in our account information for you or through the notifications center Any notices, reports or other communications required or permitted to be given under this Agreement will be in writing, including email, and will be sufficient if delivered by hand or sent by registered mail, courier or facsimile addressed to you or StudentApply at the respective addresses as advised in writing. Any such notices, reports, or other communications will be deemed to have been received by the Party to whom they were addressed: (i) upon delivery by hand, (ii) five business days after being sent by registered mail, (iii) upon delivery by courier, as evidenced by the courier receipt, (iv) upon successful receipt confirmation report after being sent by facsimile; or (v) if sent by email, upon receipt by the sender of a delivery receipt confirmation.
- Governing Law: This Agreement will be governed by and construed under the laws of Hong-Kong. The Parties hereby waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to this Agreement. In construing, interpreting and enforcing this Agreement, choice of law principles will not apply. The StudentApply Website is intended for use only in jurisdictions where they may be lawfully offered for use. Except as restricted by Applicable Law, Recruitment Partner hereby consents to the exclusive jurisdiction and venue of courts in Hong Kong in all disputes arising out of or relating to the use of the StudentApply Website.
- Severability: If any one or more of the provisions of this Agreement will for any reason be held to be invalid, illegal, or unenforceable in any respect, any such provision will be severable from this Agreement, in which event this Agreement will be construed as if such provision had never been contained herein.
- Electronic Agreement: You acknowledge and agree that by clicking on the “I AGREE” button (or similar buttons or links as may be designated by StudentApply to show your acceptance of this Agreement and/or your agreement to use the StudentApply Website), you are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the StudentApply Website, including the Application.
- English language: It is the express will of the Parties that this Agreement and all related documents have been drawn up in English.
Any questions regarding this Agreement, or any questions, complaints, claims or other legal concerns relating to StudentApply or its business, should be directed to StudentApply at:
4007 Central Plaza,
18 Harbour Road,
Wanchai, Hong Kong