Website Terms and Conditions of Use
Acceptance of the Website Terms and Conditions of Use. These website terms and conditions of use for mystudia.com constitute a legal agreement and are entered into by and between you (the “User”, “Users”, “you”, “your”, “they”, “their”) and Vidhvaan.com Inc., operating as MyStudia; its subsidiaries and affiliates, including Vidhvaan.com Inc sites around the world (the “Corporation”, “us”, “we”, “our”). The Corporation is a company incorporated under the laws of Ontario in the country of Canada. The Corporation operates the website, mystudia.com, (the “Website”) an international admission application platform for individuals who wants to study abroad.
This Agreement and the following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions”), govern your access to and use, including any content, functionality, and services offered on or the Website.
By accessing and using the Website, the User is indicating acceptance of, and agreement to be legally bound by this Agreement and the Terms and Conditions. If the User does not accept this Agreement or Terms and Conditions, the User must not access or use the Website in any manner whatsoever.
By using this Website, you represent and warrant that you are of the legal age of majority under applicable law to form a binding contract with the Corporation and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or have your legal guardian enter into the agreement with the Corporation.
General Information. Information made available on the Website in any form is for informational purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on the Website.
Although the Corporation makes reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date. By accessing the Website, you acknowledge and agree that the Corporation is not responsible for any damages or losses that you may sustain as a result of your reliance on any incorrect, incomplete or out-of-date information contained on the Website. Your use of the Website is at your own risk and the Corporation has no responsibility or liability whatsoever for your use of this Website.
This Website may include content provided by third parties. All statements and/or opinions expressed in any such third-party content are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Corporation. The Corporation is not responsible, or liable to you or any third party, for the content or accuracy of any third-party materials. The User acknowledges and understands that any information provided on the Website or about the Website on external sites is not a guarantee of results, or that admission applications will be successful.
Modifications to the Terms and Conditions and to the Website. We reserve the right in our sole discretion to amend the Agreement or revise and update the Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the Agreement and Terms and Conditions in order to be aware of any such modifications, and your continued use of the Website shall be your acceptance of these amendments.
The information and material on this Website, and the Website may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is restricted to users or unavailable at any time or for any period.
Your Use of the Website and Account Set-Up and Security. Users are responsible for obtaining their own access to the Website and for the Website’s availability and performance. Users are required to ensure that all persons who access the Website through a User’s internet connection are aware of this Agreement and the Terms and Conditions and comply with them. Users are responsible for any security breaches or performance issues relating to their access of the Website.
The Website, including content or areas of the Website, may require User registration. It is a condition of your use of the Website that all the information that you provide on the Website is correct, precise, current, and complete. Any payment details required by the Website’s payment processors must be precise and complete as well.
Any user name, password, or any other piece of information chosen by you or provided to you as part of the Corporation’s security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You will be responsible for the security of your password and username. You may also be required to change your password from time to time or at the request of the Corporation. The Corporation will not be responsible for the unauthorized use of your account by any other person or entity.
You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided with an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access. The Corporation cannot and will not be liable for any loss or damage arising from your failure to comply with these provisions.
The Corporation reserves the right at any time and from time to time, to disable or terminate your account, any user name, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of the Agreement or the Terms and Conditions.
You are prohibited from attempting to circumvent and from violating the security of this Website including without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.
Conditions of Website Use. As a condition of your access and use you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.
Without limiting the foregoing, you warrant and agree that your use of the Website shall not:
- Involve, provide or contribute any false, inaccurate or misleading information.
- Submit any material on or through the Website that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground or be otherwise objectionable.
- Impersonate or attempt to impersonate the Corporation, a Corporation employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses, or usernames associated with any of the foregoing).
- Transmit, or procure the sending of, any advertisements or promotions, commercial activities or sales, including without limitation any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
- Include engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Corporation or users of the Website or expose them to liability.
- Include causing annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Give the impression that any of the above prohibited activities originate from or are endorsed by us or any other person or entity, if this is not the case.
Customer Service. The Corporation provides assistance and guidance through its representatives. When communicating with our representatives, you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to otherwise behave inappropriately. If we feel that your behavior towards any of our representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
Security. Please also note that any information sent or received over the internet may not be secure. The Corporation cannot guarantee the security or privacy of any communication (in any form) to the Website.
Ownership of content. All materials displayed or otherwise accessible through the Website, including but not limited to text, graphics, videos, photos, trademarks, logos and other materials (collectively, the “Content”) are protected by copyright and trade-mark laws. All Content is owned by the Corporation and/or their licensors, or the third party who has provided the consent to use such Content on this Website. Except as granted in the limited licence herein, you shall not make any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of any Content, whether in whole or in part. You must obtain the prior written consent from the Corporation to use, copy, modify, transmit, disseminate or republish any Content. No ownership of the Website or Content shall be granted or transferred to you. Nothing herein or within the Website and/or any Content shall be construed as conferring on you or any other person or entity any license under any corporation or any third-party intellectual property or other rights. Any rights not expressly granted to you in this Agreement are expressly reserved.
Limited licence. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, fully revocable, non-transferable and non-exclusive licence to access, view and use the Website for your personal, non-commercial use, and are granted the right to download, store and print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright, trade-mark and other notices contained in such Content. This limited license does not include any rights not specifically enumerated herein. Your limited license to use the Website and the Content is automatically revoked upon termination or expiration of this Agreement (whichever occurs first). You agree that you will not use the Website or any Content for any purpose that is unlawful.
Links. The Website may contain links to third-party websites. These links are provided solely as a convenience to you and the Corporation does not in any manner whatsoever endorse the contents of such third-party websites. You acknowledge that the Corporation is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website including, without limitation: (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, security, suitability of any content on any third-party website; (ii) any representation or warranty regarding the merchantability and fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such third-party websites; and (iii) any representation or warranty that the operation of the third-party website will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from viruses or other harmful components. If you choose to access any such third-party sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
Limitation of liability. Subject to applicable law, in no event shall the Corporation, or any of its partners, employees, consultants, representatives, officers, directors, agents, or licensors be liable for negligence, gross negligence, negligent representation, fundamental breach, damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages or any loss or damages in the nature of or relating to lost business, loss of goodwill, lost savings, lost data and/or lost profits, and whether caused by tort (including negligence), breach of contract, breach of privacy or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, reliance upon, or inability to use the Website and/or the Content or linked content, regardless of the cause. The foregoing limitation shall apply even if the Corporation knew of or ought to have known of the possibility of such damages.
Disclaimer of warranties. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS-IS”, “WHERE-AS” AND “AS AVAILABLE” BASIS. THE CORPORATION MAKES NO REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR THOSE NOT EXPRESSLY SET OUT IN THIS AGREEMENT AND TERMS AND CONDITIONS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE CORPORATION FURTHER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE QUALITY, RELIABILITY, TIMELINESS OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE WEBSITE, OR THAT THE WEBSITE WILL BE ERROR-FREE. YOU ACCEPT AND ACKNOWLEDGE THAT THE WEBSITE AND ANY SERVICES OFFERED BY THE CORPORATION MADE AVAILABLE TO YOU MAY NOT BE RISK-FREE.
NEITHER THE CORPORATION NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS MAKES ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE CORPORATION NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the Website will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Website and your computer, internet and data security. You further acknowledge that the Corporation cannot be held responsible for any delays, poor performance or any other service issue that may arise as a result of you using the Services or the Website. You also acknowledge that the Corporation shall not be held liable for any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Services. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. You acknowledge and agree that you are using the Website and the Content at your own risk and liability. You also acknowledge that: (i)the Corporation will make best efforts to correct defects or errors in the Website or the Content in a timely manner, (ii) that the Corporation makes no guarantee that the Website or the Content will be free from viruses, Trojan horses, malware, worms or other harmful components, and (iii) that the Corporation cannot guarantee that communications to or from the Website will be secure and/or not intercepted.
Release and indemnity. In no event whatsoever shall the Corporation, its affiliates, respective directors, officers, employees, shareholders or any party related to the Corporation (the “Released Parties”) be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website and any Services provided by the Corporation, including, without limitation, death, bodily injury, emotional distress, delays, lack of services and/or any other damages or losses resulting from you using the Website or the Services of the Corporation. You will indemnify and hold each of the Corporation and the Released Parties harmless from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Website, the Content or otherwise relating to this Agreement (including any breach by you thereof). You will also indemnify and hold the Corporation and the Released Parties harmless from and against any claims brought by third parties arising out of your use of Content from this Website. You agree that the applicable Corporation and/or Released Party(ies) may assume the defense and control of any matter for which you are required to indemnify the Corporation and/or Released Party(ies), and you agree to cooperate, at your cost, with our defense of these claims. You agree not to settle any matter without the prior written consent of the applicable Corporation and/or the Released Party(ies).
Governing Law. This Agreement shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule, and notwithstanding your domicile, residence or physical location. The parties hereto consent to the exclusive jurisdiction and venue in the courts located in the City of Toronto of the Province of Ontario.
Notices. Any notice or other communication required or permitted to be given by this Agreement (including the signing of this Agreement) shall be in writing and shall be effectively given if delivered personally, by facsimile confirmed received, or by registered mail to the Corporation’s registered office address. Notices given to the User shall be served by way of e-mail, and to the e-mail address that the User provides. Notices to the User shall be deemed to have been delivered on the date that the Corporation sends such notice.
Assignment. This Agreement may be assigned or transferred by the Corporation to any third party.
Severability. If any term or provision of this Agreement or the Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of the Agreement or the Terms and Conditions, or invalidate or render unenforceable such term or provision in any other jurisdiction.
Termination, Suspension and Enforcement. The Corporation may, in its sole discretion, cancel or terminate your right to use any or all Websites, or any part of any Website, or any Content, at any time without notice. In the event of termination, you are no longer authorized to access the applicable Website, the part of the Website, or Content affected by such cancellation or termination. The restrictions imposed on you with respect to both Content and the Website set out in this Agreement shall survive. The Corporation shall not be liable to any party for such termination. The Corporation further reserves the right, without provision of notice, to take appropriate legal action, including without limitation, referral to law enforcement, regulatory authority or harmed party for any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone who submits information on or through the Website. YOU WAIVE AND HOLD HARMLESS THE CORPORATION AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE CORPORATION AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE CORPORATION OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.