Terms and conditions

Overview

Thank you for using StudyMe. We provide a service via our StudyMe platform which allows prospective students (Students) to create a profile of their study and employment ambitions and universities (Universities) to seek to connect with students that may be suited to that university (Service).

Our online platform consists of:

our website located at studyme.com (the Website); and

any other medium through which we provide our platform, including but not limited to any mobile applications (the App) downloadable on the Apple App Store and Google Play,
 

• (collectively, the Platform), which is owned and operated by Study Me Pty Ltd (ACN 630 190 706) (StudyMe, us, our, we).

Our Terms form a binding contractual agreement between the user of the Platform (User, you) using or accessing the Platform and us, including Students and any individuals that hold an account on behalf of a University. Before accessing and using the Platform, please read these Terms and Conditions (Terms) carefully as they form a contract between you and us (Agreement). By accessing and using the Platform you acknowledge you have read, understood and agree to comply with:

these Terms and Conditions;

our Privacy Policy; and

any other terms, policies or notices published on the Platform,

• (collectively, Terms).

Any trusted advisor that is authorised by a Student as their legal agent to create or access their account, including but not limited to parents, school advisors or education agents, is also bound to the Terms as the Student’s agent and as though they are the Student under these Terms.

If you have any questions about the Terms, you can contact us at contact@studyme.com

If you do not agree to the Terms, as amended from time to time, in whole or in part, you must not create an account, access or use the Platform.

We reserve the right to amend the Terms at any time and by continuing to use the Services, you accept the Terms as they apply from time to time.

Scope of our Services

Our Platform is an online platform which allows Students to create a profile outlining their characteristics, course and career aspirations, which can then be viewed by Universities that are recruiting Students. Students and Universities can then agree to connect and communicate with each other about educational matters.

We act as an intermediary between Users and our role includes providing and facilitating access to the Platform.

We do not own, create, sell, resell, provide, control, manage, deliver or supply any goods on the Platform. We do not become a party to or participant in any contractual relationship between Users. We are not acting as an agent in any capacity for any User, except to the extent outlined in this Agreement.

Registration and Access to Service

To obtain access to our Service, you must register for an account with us (Account) and accept these Terms and our Privacy Policy, which forms a contractual relationship between you and us.

To create an Account and use our Service, you must provide us with current, complete and accurate information, including, but not limited to:

your name;

telephone number;

valid email address; and

password, 
 

• (together, Registration Information). If your Registration Information changes, you must promptly update your Account to reflect those changes.

By accessing the Platform and using our Service as a User, you represent and warrant that:

you have the right, authority and capacity to agree to and abide by the Terms;

we have no control of the conduct of our Users and your interactions with other Users (whether in person or online) and your obtaining of any information and advice is at your own risk;

we are not obliged to confirm the identity of any Users but may, at our discretion, take reasonable steps to ensure User details are accurate;

we do not guarantee the availability, suitability or legality of any services or recommendations made by Users on the Platform;

you are responsible for maintaining the confidentiality of your Registration Information at all times;

your access to and use of the Platform is non-transferable;

we may deny anyone access to an Account, our Service or the Platform at any time where you have breached any provision of this Agreement or our Privacy Policy;

we reserve the right, but are not obliged, to monitor, review, verify, edit, modify or delete material, content, data or information created, generated or transmitted by Registered Users through the Application (User content);

we do not control and are not responsible for the accuracy of User Content;

if you are registering with StudyMe or using the Platform on behalf of a company, that company is taken to have accepted the Terms and you are taken to have been duly authorised to bind the company; and

you will use the Platform in a manner consistent with any and all applicable laws, regulations and all other StudyMe policies.

By accessing the Platform and using our Service as a Student, you understand and agree that:

Students are under no obligation to accept connection requests from Universities and it is at the discretion of the Student to accept connection requests;

if you authorise a trusted advisor to access your account, that person will be able to:

• view the personal information available on your account;
• update and edit your account details; and
• send, receive and access messages received and sent through the Platform;

Universities may request to connect with Students through our Platform. If you accept that connection request (either by clicking the ‘Accept’ button or responding in a direct message to that University), your contact details (including but not limited to email and telephone number) will be provided to that University; and

once Students have accepted a connection request, we are not responsible for and accept no liability in relation to any subsequent communication, conduct, acts or omissions by Universities.

By registering for an Account, you agree that we may from time-to-time send you text messages or messages from other messaging services (such as WhatsApp) as part of the normal business operation of your use of the Service. You may opt-out of receiving messages from us by contacting us and you acknowledge that opting out of receiving messages may impact your use of our Service.

Use of Platform

By accessing the Platform, you will:

use the Platform for lawful purposes only;

not commit any act or engage in any practice that:

is harmful to StudyMe’s systems, brand, reputation or goodwill; or

interferes with the integrity of the Platform, including, but not limited to, by hacking, transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;

not create Accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means;

not restrict, or attempt to restrict, another User from using the Platform;

not encourage or facilitate violations of the Terms;

not distribute or send communications that attempt to sell goods or services to other Users or contain spam, chain letters, or pyramid schemes;

not harvest or otherwise collect information about others, including Registration Information, without their consent;

not bypass measures used to prevent or restrict access to our Service;

not interfere with the privacy of, harass, intimidate, act violently or inappropriately towards or be discriminatory against another User;

abide by the Acceptable Use Policy; and

not infringe any intellectual property rights or any other contractual or proprietary rights of another User or third party.

User Content

You are solely responsible for User Content:

you post, publish or otherwise transmit through the Platform; and

you obtain through accessing or using the Platform.

You grant us a royalty free, worldwide, perpetual, irrevocable, non-exclusive, transferable, assignable, sub-licensable license to use, reproduce, modify, copy, store, share and exploit your User Content for our business or commercial purposes.

The views expressed in any User Content are the views of Users and not those of us unless specified otherwise. We are not responsible for and disclaim all liability in respect of any comments, views or remarks expressed in any User Content. We encourage you to report problems, offensive content or comments and malicious use of the Platform to StudyMe.

Intellectual Property Rights

In these Terms, Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trademarks, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not and any applications for registration or rights to make such an application.

We own or are the licensee of all rights, title and interest (including Intellectual Property Rights) in the Platform or to the material (including all text information and content, graphics, logos, type forms and software) made available to you on the Platform (collectively, Platform Content). Your use of and access to the Platform does not grant or transfer any rights, title or interest to you in relation to the Platform Content.

You may access the Platform using a web browser or mobile device and electronically copy and print hardcopy the Platform Content solely for your personal, non-commercial use.

You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, reverse engineer, create derivative works from, transfer, or sell any Platform Content or any other material in whatever form contained within the Platform unless expressly stated otherwise in these Terms.

Third Party Links

The Platform may contain links and other pointers to Internet websites or applications operated by third parties. We do not control these linked websites and are not responsible for the contents of any linked website. Your access to any such website is entirely at your own risk. You should contact the relevant third-party directly to enquire as to the accuracy and completeness of that information prior to entering into a transaction in relation to the third-party products and services.

Users must not install links within the Platform in an attempt to promote or sell products or re-direct other Users unless provided with written permission by StudyMe to do so.

Disclaimer

To the fullest extent permitted by law, you agree and acknowledge that:

our Service is provided “as is” and “as available” and the entire risk arising out of your use of our Service remains solely with you;

we do not control, endorse and are not responsible for any User Content;

we retain complete control over the Platform and may alter, amend or cease the operation of the Platform in our sole discretion;

we make no warranty or representation that any result or objective can or will be achieved or attained by accessing the Platform;

we make no warranty or representation that the Platform will be fit for purpose, continuous, uninterrupted, accurate, fault-free, virus-free, secure or accessible at all times;

we make no warranty or representation that content input by Users is accurate and it is the responsibility of the User to review and verify the accuracy of all information input into the Platform;

we are not liable for any loss if the Platform is not accessible due to third-party actions, including but not limited to the maintenance services; internet service providers, Third Party servers, nefarious hacks or distributed denial of service attacks; and

we may remove any content, material and/or information, including any User Content, without giving any explanation or justification for removing the material and/or information.

Exclusion and Limitation of Liability

To the fullest extent permitted by law, we are not liable to you or to anyone else for any direct or indirect loss or damage, including consequential loss, loss of data, reputation, goodwill and opportunity, arising out of or in connection with:

your use or inability to use the Platform or Services;

your reliance on information provided by another User;

the User Content;

any interactions between Users;

the conduct of other Users;

any User breaching or failing to comply with any applicable laws;

any User providing information that could or does result in loss, injury or death;

any User breaching or failing to comply with any applicable terms and conditions; and

unauthorised creation, access or use of your personal information, User Account or your User Content,

even if we have been advised of the possibility of such loss.

To the fullest extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those set out in these Terms.

Pursuant to s64A of Schedule 2 of the Australian Consumer Law, this clause 9(c) applies in respect of services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption. Our liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by s51 to s53 of the Australian Consumer Law) is limited at our option to:

the re-supply of the services or products; or

the payment of the direct cost of having the services or products resupplied.

Privacy

We will collect, use and disclose any personal information you provide us when accessing or using the Platform in accordance with our Privacy Policy. For more information on our information collection and handling practices, please view our Privacy Policy.

Indemnity

You agree to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Platform, User Content, your breach of the Terms or any rights of third parties, except to the extent we directly caused or contributed to the loss, damage, liability, claim or expense.

We reserve the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you, and in such case you agree to cooperate with our defence of such claim.

Termination

Both we and our Users have a right to terminate this Agreement at any time.

Users may terminate this Agreement by providing written notice to us by email or by using the close account facility in settings. Termination will be effective upon our receipt of the written notice, following which, we will disable the User’s profile in accordance with our Cancellation and Refund Policy.

We reserve the right to:

cease operating the Platform, at any time and for any reason; and/or

terminate our relationship with you without notice and with immediate effect if you, in any way, breach the Terms.

If one of the events described in clause 12(c) occurs, then:

you will not have any access to the Platform, your Account or User Content; and

we will not be liable for any costs, losses or damages arising as a result of terminating your access to the Platform.

Dispute Resolution

Disputes between Users

We reserve the right, but have no obligation, to monitor disputes between Users.

Upon receiving notification of a dispute from the relevant User, we will liaise with each of the parties and attempt to facilitate a resolution. Each party to the dispute must cooperate and take all reasonable steps necessary to resolve the dispute.

In circumstances where we reasonably believe that a dispute has not been or will not be resolved by the Users despite any intervention or facilitation by us, we may make a ruling on the dispute. That ruling will be binding on the Users and by agreeing to these terms each User agrees that it will accept any ruling by us as final resolution of the dispute. Any failure to comply with a ruling made by us under this clause 13.1 will constitute a breach of these terms and is cause for termination of the Agreement.

Disputes between Users and Us

If a dispute arises out of or relates to these Terms as between us and a User, either party may not commence legal proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of these Terms (Dispute) unless it has complied with this clause 13.2 . A party claiming that a Dispute has arisen must notify the other party to the Dispute giving details of the Dispute.

During the 15-business day period after notice is given (or any longer period agreed in writing by the parties to the Dispute) (Initial period) each party to the Dispute (Disputant) must cooperate and take all reasonable steps necessary to resolve the Dispute.

Mediation

If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute must be referred for mediation to a mediator agreed on by the Disputant.

If the Disputants are unable to agree on a mediator within 7 days after the end of the Initial Period, then the parties must submit the dispute for mediation through the Law Institute of Victoria and have the President of that Law Institute appoint a Mediator and set the matter for mediation.

The role of the mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.

Each Disputant must pay its own costs of complying with this clause 13.2 . The Disputants must pay equally the costs of any mediator engaged.

The mediation will be held in Victoria, Australia.

After the Initial Period, a Disputant that has complied with this section may terminate the dispute resolution process by giving notice to each other Disputant. A party to a Dispute will only be entitled to pursue other remedies available to it at law or otherwise, if the parties have failed to resolve the dispute within 30 business days after commencement of dispute resolution.

All communications concerning negotiations made by the Disputants in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable law of evidence.

No Waiver

No waiver of rights under this Agreement shall constitute a subsequent waiver of this or any other right under this agreement. Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

Severability

If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the remaining provisions.

Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the Courts of Victoria and Courts of Appeal from them for determining any dispute concerning these Terms.

Feedback and Contact

Your feedback is important to us and our community. We welcome and encourage you to provide feedback, reviews, comments and suggestions for improvements to the Platform and our Service (Feedback). You may submit Feedback by contacting us at contact@studyme.com

© 2020 Study Me Pty Ltd. ALL RIGHTS RESERVED.

Terms last updated 26 August 2020.