STUDYFREE USER AGREEMENT
Effective date: 05/06/2020 1. Introduction
Welcome to https://international.studyfree.org/
("Website") ! As You have just clicked our User Agreement, please pause, grab a cup of coffee and carefully read the following pages. It will take you approximately 20 minutes.
StudyFree Inc. ("StudyFree") welcomes You ("User") to use our online Platform located at the Website ("Platform") described herein in accordance with the terms of this User Agreement.
Our Platform provides You with opportunities to:
- Study abroad with a scholarship,
- Find a matching program at the best rate,
- Prepare all the admission documents yourself or
- Get a help of an experienced mentor!
- Other services that may be added from time to time
All of the documents described below and Your related implicative actions shall be collectively referred to as the "Agreement":
If You do not agree to all of the terms of the Agreement, You may not access or use any part of the Platform. However, if you wish let us know by emailing at email@example.com
so we can try to find for You a solution.
By registering an account on the Website or accessing and using any part of the Platform described herein, You agree to and consent to be bound by all of the terms of the Agreement. 2. Definitions
To make it easier for you to surf through the text of the Agreement, we have made a list of the following definitions: "License Fee"
means an amount of money paid by User to StudyFree for using the Platform; "User's Account"
means an individual record with its unique Login and Password that StudyFree creates for User upon the registration at www.studyfree.org "User's Interface"
means online point of interaction with the Platform through which User may access the Platform and may set and preconfigure Platform services to receive the personalized information "User's Payment Plan"
an amount of money paid by User to StudyFree for using the Platform that is set by User through the relevant selections made by User in the User's interface. 3. StudyFree License
StudyFree grants User a limited, revocable, non-exclusive, non-sublicensable and worldwide license to use the Platform during the validity of the Agreement and subject to the specific limitations set forth in the User's Payment Plan, and provides User with User's Account and User's Interface so long as User pays License Fee and uses the Platform in accordance with the terms and conditions stipulated under the Agreement.
User acknowledges and agrees that the copyright, patent, trade secret, and all other intellectual property rights of whatever nature in the Platform are and shall remain the property of StudyFree, and nothing in this Agreement should be construed as transferring any aspects of such rights to User or any third party. 4. User's Account
To start using the Platform, You must complete the registration process at www.studyfree.org
and create a User's Account.
To register for a User's Account or use the Platform, You must, and hereby represent that You are of legal age in Your resident jurisdiction and have a full legal capacity to conclude the Agreement.
If You have not yet reached the required legal age, please submit a written form containing the explicit consent of your parents to firstname.lastname@example.org
so that we may accept your registration. Failure to do so exposes Your account to termination.
The User's account is personal. Each User is entitled to have only one User's Account otherwise we reserves the right to deactivate duplicated User's Accounts without any prior notice. 5. User's Digital signature.
After registration on the site the User receives a Login and Password to access the User's Account.
By using the Login and Password User confirms the creation of his or her User's Electronic signature, and agrees that all information in electronic form, signed by User using the Electronic signature (using his Login and Password) is accepted by User and StudyFree to be an electronic document equal to a paper document signed by a handwritten signature.
All actions carried out with the use of Login and Password of the user (Electronic signature), considered to be executed by the User.
By registering for a User's account User is deemed to have executed the Agreement electronically, effective on the date User enter User's account via Login and Password.
User's account registration constitutes an acknowledgement that User is able to electronically receive, download, and print the Agreement and any amendments. 6. Data Privacy
As a registered User you agree to:
- provide true, accurate, current and complete registration data;
- maintain and promptly update the registration data to keep it accurate, current and complete;
- maintain the security and confidentiality of any usernames, passwords and other information used by you to access the Platform;
- refrain from impersonating any person or entity or misrepresent your identity or affiliation with any person or entity;
- immediately notify us in writing to email@example.com if you become aware of any loss, theft or use by any other person or entity of any of your registration data or any other breach of security that you become aware of involving or relating to the Platform.
Access to the Platform and Your User's Account may not be provided to third parties without our prior written consent. You are solely responsible and liable for the use of Your User's Account. You shall not and shall not allow any third party to:
- use the Platform for purposes which are illegal, breach the rights, including personal data or intellectual property rights or business secrets of StudyFree or third parties, or that is contrary to good business practice or public morality or the terms of the Agreement;
- insert into the Platform any viruses, worms or other code specifically designed to cause any the Platform to cease operating or to damage, interrupt, or interfere with any data;
- disassemble, de-compile, or otherwise reverse-engineer the Platform or otherwise attempt to learn the source code or algorithms underlying the Platform;
- use the Platform in connection with any fraudulent, abusive, or illegal activity. Examples of such activity include but are not limited to using bugs of the Platform, scrape or otherwise collect data from or through the Platform for profit or otherwise without the prior written consent of StudyFree.
We reserve the right to audit the User's use of the Platform in order to ensure that such use is in accordance with the terms of the Agreement and the User's payment plan. 8. Payment Terms
User shall pay Payment Fee monthly in advance according to the User's Payment Plan selected by User through Your User's Interface and using the payment method provided by StudyFree.
User shall make all payments on or before the due date, which shall fall before the period of use of the Platform. Payment is considered to be made when it is received by StudyFree. If User does not make payment in full and by the due date, StudyFree may suspend User's Account and/or downgrade the User's account to a free plan at StudyFree's sole discretion.
User shall be responsible for any applicable sales or use taxes or any value added or similar taxes payable with respect to the licensing of the Platform, or arising out of or in connection with the Agreement, other than taxes levied or imposed based upon StudyFree's income. In the event that StudyFree pays any such taxes on behalf of User, StudyFree shall invoice User for such taxes and User agrees to pay such taxes in accordance with this Agreement.
Failure by User to pay any amounts invoiced under the Agreement in full in accordance with this Agreement shall make Licensee liable to pay Licensor interest at the rate of 3% per month on the remaining amount due, or at the highest amount permitted by applicable law such interest to accrue on a daily basis after as well as before any judgment relating to collection of the amount due.
All fees and charges are nonrefundable, and there are no refunds or credits for partially used subscription periods, or where you have elected to downgrade your Payment Plan or otherwise remove any paid component or feature. 9. Intellectual Property rights
All of the content, including but not limited to text, content, photographs, video, audio and graphics, goods, designs, information, applications, the Platform, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the "Intellectual Property") that relates to the Website and the Platform are owned by or licensed by StudyFree and are protected from any unauthorized use, copying and dissemination by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of U.S. and other countries.
You agree to protect the proprietary rights of StudyFree and all others having rights in the Website and the Platform during and after the term of the Agreement and to comply with all reasonable written requests made by StudyFree or its suppliers and licensors of content, equipment, or otherwise ("Suppliers") to protect their and others' contractual, statutory, and common law rights in the Website and the Platform. Except as specifically permitted by the Agreement, you may not copy or make any use of the the Website, the Platform and the Intellectual Property or any portion thereof. Except as specifically permitted herein, you shall not use the Intellectual Property or any variations or derivatives thereof, for any purpose, without StudyFree's prior written approval. 10. Availability and Support
StudyFree seeks to keep the availability of the Platform at a high level and to correct defects and interruptions of service in a timely manner. However, StudyFree does not commit to any specific level of availability or any specific service level or response or defect correction times, and does not undertake any liability or service credits for interruptions in service.
Furthermore, the User accepts that the Platform may from time to time require maintenance or correction of defects which requires the Platform to be unavailable for a period of time. StudyFree undertakes, whenever possible, to give advance notice of such periods to the User. 11. Limited liability
The Platform is provided «as is», and no implied or express warranties are given, e.g., as to the Platform being free from defects, non-infringing or fit for a particular purpose. User acknowledges and agrees that data available in the Platform may change and it takes time to collect and update information by StudyFree.
Never the less, User understands that StudyFree does its best to collect and process as much data as possible and provide User with Platform-processed personalized information in convenient form.
User acknowledges and agrees that StudyFree does not act as a professional consultant, adviser, etc., and Platform-processed and personalized information provided to User do not constitute a professional advice.
StudyFree does not warrant User the possibility to obtain a financial or other type of outcome, which is the result of use of the Platform.
Neither Party shall under any circumstances be liable for any indirect or consequential damages of the other Party arising under or in connection with the Agreement. In any event, StudyFree's overall liability for any damage or loss incurred under the Agreement shall be limited to the amount of the User's Payment Fees paid to StudyFree in the six (6) month period immediately preceding the event giving rise to such claim. These limitations of liability shall not apply to breaches of confidentiality or intellectual property rights obligations and/or cases of intentional misconduct or gross negligence. 12. Term & Termination
The Agreement between StudyFree and User shall commence upon acceptance by User of all terms of the Agreement by clicking the acceptance button or accessing and using any part of the Platform and shall continue until terminated in accordance with the terms of this Agreement.
Either party may terminate this Agreement at any time upon thirty (30) days prior written notice, however, in the event the termination is carried out by StudyFree and the special grounds for termination listed below do not apply, the User's access to the Platform shall in any event not cease before the ending of the User's fully paid-up period.
In addition to the above, StudyFree shall have the right at its sole discretion and without any prior written notice terminate this Agreement if:
- User provided invalid data to complete the registration process or the User's payment details do not allow the Payment Fee to be charged and the error is not corrected within 14 days of receiving a notice to do so from StudyFree;
- User breached the Agreement;
- User failed to pay Payment Fee in full and on the due date, and has failed to pay the outstanding sum within 14 days after receiving a notice of late payment from StudyFree;
- User's Interface has not been logged into and there have been no Payment Fee payment from User for a period of three (3) months.
Upon termination of the Agreement, for whatever reason, all licenses granted from StudyFree to User under this Agreement, User' Account, User's Interface shall immediately terminate without any data restoration.
Upon termination of the Agreement, each party will remain liable to the other for any amounts due and owing to the other party as of the date of termination, and such obligation to pay shall survive the termination of the Agreement. In the event of termination or expiry of the Agreement for any reason, no Payment Fees paid by User to StudyFree shall be returned. 13. Miscellaneous Notices.
Any notice or other communication under User's Agreement shall be in writing and shall be considered given and received when sent electronically. User agrees to receive electronically all communications, agreements, and notices in connection with this Agreement, including by e-mail, text, in-app notifications, or by posting them on the Website or through User's Account. You agree that all Communications that we provide to you electronically satisfy any legal requirement that such Communications be in writing and you agree to keep your Account contact information current. Competent law and jurisdiction.
This User's Agreement shall be governed by and construed in accordance with in accordance with the laws of laws of the State of California, without regard to principles of conflict or choice of laws, and the parties agree that all disputes relating to the Agreement shall be resolved non-exclusively in the courts of California, unless the StudyFree chooses to take proceedings against the User in any other court of competent jurisdiction. The taking of proceedings by the StudyFree against the User in one or more jurisdictions shall not preclude the taking of proceedings by the StudyFree against the User in any other jurisdiction, whether concurrently or not. Severability.
If any provision of this Agreement shall be held to be invalid or unenforceable, the validity or enforceability of the remaining provisions shall not in any way be affected or impaired thereby, but rather this Agreement shall be construed as if not containing the invalid or unenforceable provision. However, if such provision is an essential element of this Agreement, the parties shall promptly attempt to negotiate a substitute therefor. Survival.
Any obligations of the parties relating to monies owed, as well as any provisions of this Agreement relating to intellectual property, limitation of liability and commencement of legal proceedings shall survive any termination of this Agreement. Entire Agreement.
This Agreement, together with the applications incorporated by reference, represents the entire agreement of the parties with respect to the subject matter hereof and supersedes all other agreements, written or oral, between the parties with respect to its subject matter. Modification of Agreement.
StudyFree may, in its sole discretion, amend this Agreement, including its applications incorporated by reference, at any time by posting a revised version on the site at: www.studyfree.org
. Any revisions to this Agreement will take effect on the noted effective date or when posted if there is no noted effective date (each, as applicable, the "Effective Date"). You agree that we shall not be liable to you or to any third party for any modification of this Agreement.
PLEASE REVIEW THE WEBSITE ON A REGULAR BASIS TO OBTAIN TIMELY NOTICE OF ANY REVISIONS. IF YOU CONTINUE TO USE THE STUDYFREE WEBSITE, STUDYFREE THE PLATFORM OR SERVICES AFTER THE REVISIONS TAKE EFFECT, YOU AGREE TO BE BOUND BY THE REVISED AGREEMENT.