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ISTUDI TERMS AND CONDITIONS

Introduction

1. Thank you so much for choosing istudi. We are truly honoured to serve you. Before we start, though, we need to agree on what to expect from each other.

2. These Terms and Conditions represent a contract between you and us. They spell out what we promise to provide to you and your responsibility to us as our client.

3. Please read everything carefully and make sure that you understand it because you can’t use istudi without agreeing to everything in this document.

4. If you have any queries about any point, please email or call us and we’ll be happy to help you.

Definitions of Terms

5. You, your and yours mean not just you personally but also the education provider you own or manage and any of your staff who use istudi as part of their jobs.

6. istudi, we, us, our and ours mean the business entity with whom you are making a mutually binding contract.

7. The platform means the online services we offer now as well as any we may offer during the life of this contract. 

8. A subscription means the legal duty to ensure that you meet these terms and conditions and pay for the platform. Making a subscription makes you a subscriber. 

9. A guest user is anyone whom the subscriber invites to share their subscription. Guest users must also agree to abide by all these terms and conditions.

10. Your subscription fee is the amount you pay regularly (usually every month) to maintain your subscription.

11. Your pricing plan is the sum of your subscription and subscription fees, details of how we send invoices, how you send payment, whether renewal is automatic and how the subscription can be cancelled.

12. Termination means the deliberate decision to end this relationship. It means that your rights and your obligations stop.

13. Pledge and promise indicate what we or you are legally entitled to do to fulfil these terms and conditions.

14. Provider means any education provider, including universities, institutes of higher education, colleges, institutes or any other business or organisation which enrols students.

15. Applicants are people who use the platform to initiate an application to study with a provider.

16. Any use of including in no way limits the possible application to what is written after it.

The Role of a Subscriber

17. Subscriptions are not transferrable between providers and may not be on-sold, rented, lent, leased, sub-licensed, assigned or given away, unless:
            a. Your business is subject to a merger, take-over, or similar event which involves a change of ownership structure and/or transfer of all assets,     

                   or

            b. We give clear written consent.

18. Subscribers may invite guest users (up to the maximum allowed for their subscription level) at any time and determine their level of access. They can alter that level of access or withdraw the invitation at any time. You pledge to take responsibility for guest users’ actions and take any reasonable action to prevent unauthorised access.

19. Subscribers may give different guest users different levels of access. Levels of access reflect how much information the guest is able to view and edit. A guest user’s role and level of responsibility in your business will determine how much access to give them. You can compare the levels of access on the istudi website.

20. You have the right to use the platform, according to your subscription level and (for guest users) your level of access, for the lifetime of the subscription or (if you are a guest user) until the subscriber withdraws your invitation, if you follow all the rules, especially point 54.

21. You promise that all the information you provide us, including what is displayed on yourprofile page, is accurate, honest, complete and kept up to date.

22. You pledge to make sure that your username and password are strong, hard to guess and kept secure. We cannot be responsible for damage to your information caused by anyone who correctly guesses or finds out your password and username.

23. The look, composition and general “feel” of istudi, all logos, images and text in the istudi software and on the istudi website are our intellectual property. You agree not to copy,distribute, modify or make derivative works of any of our intellectual property without our prior written consent.

Pricing

24. Before you start your subscription, we will clearly tell you the price of your subscription, the required frequency of payments, the length of your free trial period (if any) and options for how to pay.

25. You can usually start your subscription with a free trial. You can cancel your subscription without payment at any time during the free trial. At the end of the free trial period, you are free to choose whether to continue or discontinue use. If you choose to continue, you have twenty-four hours to enter your billing information on the billing page of our website. If you do not subscribe at or before the end of the free trial, any data you have entered into our software will be permanently lost at the end of the free trial period.

26. Payment for each subscription period is monthly in advance. Overdue amounts accrue 1% interest per month or the maximum amount permissible under law in your jurisdiction, whichever is lower, beginning on the due date on the unpaid invoice.

27. Pricing plans may vary from region to region. We may update any part of the pricing plan from time to time but we pledge never to backdate any changes and to give you as much notice as possible before they come into effect.

28. Depending on your country or region, taxes may apply. Subscription fees may be inclusive or exclusive of tax. You have to pay any sales tax, goods and services tax, value added tax etc together with your subscription fee. It is also your responsibility to keep scrupulous records of any applicable withholding tax which we have not already processed. We may need to ask for your geographic location to work out how much tax applies to the subscription fee. You promise to make sure that this geographic information is accurate.

29. Depending on your location, subscription level and usage of istudi, we might offer you optional extra services from time to time. These might be one-off or a regular part of your subscription. We promise to make all details of these offers, including their price (if any), clear before you accept them.

30. You promise to give us accurate payment information. You promise to make payments on time or else we may cancel your subscription until we receive your payment. If you choose to pay for your subscription online, please read the Online Payment Terms on the Istudi website.

31. When we update or modify the platform, launch new services and discontinue outdated aspects of the platform as the need arises. This may necessitate an update to these terms and conditions. We promise to keep you informed of any changes to the platform and to these terms and conditions. We also promise to tell you the terms and conditions specific to any new service or new aspect of the platform before you start using it.

32. No transaction between you and any third party is paid for as part of your subscription to Istudi, except where we use XE.com to convert your subscription fee from Australian dollars to your local currency for international billing.

Privacy and Security of Data

33. Protecting data is a priority to us. We pledge to respect your right to privacy. See the Privacy Notice on our website for full details on how we preserve your personal details.

34. We guard your data using administrative, material and technical defences, however, no defence is totally impenetrable and we cannot guarantee absolute security. We promise to take all reasonable steps to keep your personal data safe from unauthorised access but cannot guarantee absolute security.

35. We will not share your personal details with anyone except where legally required to do so. We promise not to claim ownership of all data you give us.

36. You give us consent to keep, back up, utilise, investigate, duplicate, and spread that data to:
        a. Let you use the platform

        b. Discuss your subscription with you

        c. Initiate new services, either integrated with the platform or parallel to it

        d. Let us improve, maintain or develop the platform.

37. You permit us to use your data to create deidentified data for quality assurance purposes, to identify business trends, or to improve, develop and update the platform.

38. We promise to give you details of any incidence of hacking to your or your students’ personal information as soon as possible after it happens. Depending on the scope and circumstances of the incident and your location, you may be required to report this to affected persons and/or relevant local authorities.

39. If we suspect that someone has made unauthorised access to your personal information, we may close access to your subscription until you confirm that the access was authorised. You pledge to tell us immediately if an unauthorised user has used your login details, or if there is any breach of the email address linked to your account.

40. Depending on your nation or geographic region, we may oblige you to use multi-factor authentication. If that is optional for you and you decide against using it, we cannot be held responsible for the consequences of not using it.

41. You promise not to input information into the platform unless the platform specifically asks for it, and it is necessary for running your business. You promise not to input any information into the platform if someone other than yourself holds copyright to it or if you have obtained that information without the owner’s consent.

42. You grant us access to your learning portal to provide you with support services. We promise to treat any information we see on your learning portal with the strictest confidence and will never disclose it unless ordered to do so by a court. We will notify you when this happens unless the court order specifically forbids it.

43. We will do our best to prevent data loss but there is always a small risk of it with any technology. We strongly urge you to keep back-up copies of any data you enter into the platform.

Suppliers and Applicants

44. The availability of supplier information on the platform does not constitute a recommendation or endorsement by us regarding that supplier, or any aspect of their services, nor does it vouch for the supplier’s solvency. Use of information about suppliers contained on or obtained through the platform is at the user’s own risk.

45. When an applicant submits an application through the platform, we do not warrant in relation to the suitability, truth or relevance of any part of that application or of any information contained in or attached to that application. We are not responsible for any adverse consequences arising out of the acceptance of such an application. You agree that we are not responsible or liable for any misconduct or non-performance by any applicant.

46. Applicants and suppliers who enter into any kind of agreement subsequent to either’s accessing the platform do so entirely in reliance on their own judgement and enquiries and not in reliance on us. We are not a party to any contract between a student or applicant and a supplier.

Stoppages and Repairs

47. We would love to keep the platform available twenty-four hours a day, seven days a week. Unfortunately, however, we do need to shut the platform down from time to time to maintain it. We promise to minimise these shutdowns and give notice of them in advance wherever possible.

48. You cannot hold us responsible for not being able to access the platform or your data because your internet connection is not as strong as you would like.

49. We do regret the inconvenience and potential loss to your business, but we cannot compensate you for stoppages, access problems or loss of data.

Important Rules

50. You may send us feedback as often as you like. It is always welcome to us.

51. We pledge to support and assist you in using the platform. You also pledge to use the platform only for the legitimate legal purposes and in accordance with our support and assistance.

52. You promise not to share any information with us, other providers or anyone else associated with us unless you have the legal right to do so.

53. You promise that you will never:

       a. Threaten the security or reliability of the platform

       b. Intervene in or try to inhibit other providers’ use of the platform

       c. Access any system or any data which you are not entitled to access or without the owner’s permission

       d. Upload anything to the platform which you know, believe or reasonably suspect contains malware, viruses etc

       e. Share on the platform anything slanderous, offensive, hateful, or that violates anyone’s rights

       f. Alter, clone, adapt, deconstruct, decompile, reverse engineer or extract the source code of any part of the platform

       g. On sell, lease or otherwise pass any of the platform to anyone else in a way not expressly permitted through the platform itself or without our                         permission in writing

       h. Sell, or otherwise use for personal or commercial purposes any data or information obtained through the platform

       i. Use the platform to do anything illegal

       j. Abuse, bully, harass or behave disrespectfully to us, any of our staff or any provider

       k. Use the platform or otherwise communicate or behave in a way that damages our name, reputation or goodwill.

Termination

54. You are subscribed to the platform until the end of period to which the most recent subscription fee applies. If you keep paying the subscription fee according to your pricing plan, your subscription automatically continues into the next period unless you choose to terminate it. If you terminate your subscription, you promise to give us one month’s notice in writing and to pay the subscription fee for that month.

55. We may also terminate the subscription by giving you one month notice in writing. The requirement for one month’s notice does not apply if:
      a. You breach any of the rules in this contract – in this case, we will first give you fourteen days’ notice in writing to rectify the breach (if it can be                 rectified). If it cannot be rectified, the contract will be terminated immediately. If it can be rectified, we may give specific instructions for how to                     rectify it. If you do not rectify it to our satisfaction, this contract will be terminated without notice.

      b. You fail to pay subscription fees plus incurred interest by the due date on the final letter of demand.

      c. Your business becomes insolvent, goes into liquidation, goes into receivership, or otherwise makes arrangement with creditors.

56. If your reason for terminating is

       a. a serious persistent material fault with the platform or

       b. a change to these terms and conditions which you consider unacceptable or unreasonable or

       c. a breach of your intellectual property rights or your privacy or your students’ privacy by us or a member of our staff we agree to refund a pro rata              portion of any paid subscription fee for any unused portion of your subscription. Otherwise, subscription fees are non-refundable.

57. Once either of us terminates the contract, any information associated with your account is archived and is no longer accessible by you or anyone else. You may contact us to ask us to request that we delete it permanently. If the termination is not due to a breach of the rules, you may resume your contract, pay the subscription fee and regain access to that data.

Legal Responsibilities and Safeguards

58. You indemnify us against any demand, expense, legal or other cost, liability, or loss that we sustain because of, or related to, a third-party claim against us relating to how you use the platform, unless we are at fault.

59. The platform is offered “as is.” Subscription is not dependent on any feature or function of the platform which has yet to be developed, launched or introduced. Except as excluded at point 67, we disclaim every warranty, express or implied, including any implied warranties of merchantability, non-infringement and fitness for a particular purpose.

60. Except as excluded at point 67, our liability to you with respect to the platform or these terms, in contract, tort (including negligence) or otherwise, is limited thus:

       a. We have no liability arising from your use of the platform for any loss of profit or revenue, loss of customers, loss of goodwill, loss of anticipated                     savings, loss of capital, legal, accounting or tax compliance issues, damage to reputation, loss in connection with any other contract, or                                   consequential, exemplary, incidental, indirect, punitive, or special expense, damage or loss.

       b. For loss or corruption of your data, you pledge to restrict our liability to taking reasonable steps to try to recover that data from our available                           backups.

       c. Our total liability to you in any circumstance is no more than the total amount you paid in subscription fees in the twelve months immediately                         preceding the date on which the claim giving rise to the liability arose.

61. If you abide by these terms and conditions, we promise to defend you against claims by any third party that your use of the platform infringes that third party’s trademark, patent or copyright, as long as that infringement is caused solely by the platform and/or by your use of the platform in accordance with our instructions. You promise to inform us as soon as possible if any such claim is made and to give all reasonable assistance in defending or settling that claim.

62. Neither you nor we are liable if unforeseen circumstances which neither of us could control prevent us or you from fulfilling any of these terms and conditions. If any of these terms and conditions become unenforceable, only the unenforceable term(s) stop applying.

63. Istudi is a useful software platform only. Advice we provide about establishing or managing a provider is not a substitute for professional expertise. We cannot give professional guidance and we are not liable for the results of following any advice we give you.

Dispute Resolution

64. Most disputes can achieve a quick, mutually satisfactory resolution by contacting our customer support team, accessible on our website. If, after doing so, the dispute is still not resolved to your satisfaction, you and we mutually pledge to go through binding arbitration or small claims courts rather than courts of general jurisdiction.

65. You and we mutually pledge that any dispute is brought by parties individually, not as part of any class action or representative proceedings.

Miscellaneous Terms

66. Any notices we send to you will be sent to the email address you have given us most recently.

67. Some jurisdictions have non-excludable warranties, guarantees or other rights provided by law. Where they apply, no part of this agreement in any way amends, curbs or prohibits them. Except for these non-excludable guarantees and other rights given by the law of your nation, state or territory, we are bound only by the promises made in these terms. Our liability for breaching a non-excludable guarantee is limited to either replacing or paying the cost of replacing the relevant service (unless the non-excludable guarantee says otherwise).

68. You promise not to use the platform to harbour international students in breach of their student or other visa.

69. We have the right to commission a third party to fulfil any part of our responsibilities under this agreement on our behalf.

70. The terms of the United Nations Convention on Contracts for the Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) do not apply to these terms.

71. Our website is accessible worldwide, so laws may apply in your country that restrict the relationship you can have with us. We may temporarily or permanently block your access, terminate your subscription, or refuse to process a payment if we have good reasons to believe that a relationship with you, your company, your subscription, or your payment may result in a potential breach of a law or regulation. For instance: we will reject transactions from a sanctioned person or country; we will not allow a relationship with you if there is sound evidence that a relationship causes a legal or regulatory risk, or a risk of loss being suffered by us or our customers. We may take any of these actions without notice. You promise that you are not located in a sanctioned country and are not on a sanctioned persons list. We may also block users from a country if we cannot receive payments from that country. You promise to check what payment methods are usable in your country.
72. You promise not to interpret this agreement as any kind of joint venture, partnership, employment or agency relationship between us and you, or any subscriber or guest user.

73. You alone are responsible for dispute resolution between yourself and any guest users, or between two or more guest users.

74. From time to time, we may alter these terms and conditions. No change will be backdated. We will generally give thirty days’ notice of any changes unless events beyond our control make immediate changes essential, in which case we will advise you immediately.

75. We are legally bound by all the national laws of Australia and the state laws of New South Wales.