These Terms and Conditions of Use (the “TCU”) apply to each individual (the “User”), who wishes to make use of the services (the “Services”) provided by studdex GmbH, Berlin, Germany (“studdex”). Additional contact information, commercial registry data, as well as the name of the authorized representatives of studdex can be found in the section labelled “imprint” under www.studdex.com (the “Site”).
Through the acceptance of this TCU and/or by continued use of the Site and/or the Services, the User agrees to be bound by the TCU.
The TCU shall govern the contractual relationship between the User and studdex. The TCU is available for download and print out on the Site in the section labelled “terms of use”.
The purpose of the Site is to allow (i) education providers to present their programs; and (ii) students to get information on such programs and apply to them directly via the Site. Profiles of the various education providers and the educational programs are presented on the Site.
1. CONDITIONS REQUIRED USING THE SITE AND THE SERVICES
1.1 BASIC CONDITIONS
The use of the Site is available exclusively to individuals who have reached the age of majority and enjoy full legal capacity.
The Services are available exclusively to individuals. No entity, regardless of whether or not it has a legal personality, may apply for access to the Services. The User may only access the Services on his own behalf and may, under no circumstances, act as an agent on behalf of a third party.
1.2. REGISTRATION
1.2.1 General
In order to access the Services, the User must first register on the Site. The User is entitled to register only once, and the User may not establish more than one user profile.
During the registration process, the User is required to provide certain personal information that has to be true and accurate. The User agrees to inform studdex of any change in the registration Data provided with undue delay. studdex reserves the right to verify the User’s identity at any time by requesting copies of adequate proof of identity (e.g.: passport, driving licence).
The User represents and warrants that he is of legal age at the time of registration.
1.2.2 Username and password
At registration, the User is required to choose a username and a password, in order to be able to log-in to the site.
[1.2.3 Validation and confirmation of registration]
[Once the User has submitted all required information, an email will be sent to the address provided by the User containing a validation code which must be entered on the Site, either by clicking the link contained in the email or manually via the Sign Up page.]
1.2.4 User Profile
Subsequently after registration the User is required to provide a complete User profile which is needed for any applications as set out in Section 2.2 hereof.
2. Scope of Services and Obligations
2.1 General
The Site and the Services enable Users on the one hand, to get into contact with universities and other educational facilities on the other hand (the “ED-Partner”), in order to facilitate the search, application and networking of everything to do with higher educations, studying abroad and learning a language.
studdex only provides the platform for the User and relays information and the communication by the User on the one hand and of the ED-Partners contacted on the other hand.
As regards to the content, and communication between the User and the ED-Partners, studdex does not take part in any communication. If the User enters into agreements with an ED-Partner by using the Site and/or the Services, studdex shall not be contracting party to these agreements and as such not liable for the execution and fulfillment of any such agreement.
2.2 Services provided to the User
The Site enables the User to search for any kind of education programs (the “ED-Programs”) of the participating ED-Partner.
Via the Site the User can apply directly for the desired ED-Program. The User is only allowed to apply to 5 ED-Programs at the same time. In case that the Users successfully recruits further users, the limited number of possible applications is raised by one for every student who is successfully recruited by the User. However, not more than 15 applications at the same time are allowed, even if more than 10 other users are successfully recruited.
2.3 Obligations of the User
The User shall
- provide only true and non-misleading statements in his User profile and in any communications with the ED-Partners and other users;
- comply with all applicable legislation, and respect all third-party rights.
The User shall not
- Unreasonably annoy (particularly with spam) any other user or the EP-Partners (cf. §7 of the German Unfair Competition Act), in particular by sending spam e-mails;
- Use without authorization any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law.
The User is prohibited from the following:
- Using any software or scripts that may likely impair the operability of the Site or the Services;
- Blocking, overwriting, modifying and copying of any content of studdex, unless said actions are necessary for the proper use of the Services;
- Distributing or publicly disclosing the contents of the Services and/or the Site to any third party;
- Using the content of the Services and/or the Site for other purposes than for the purposes mentioned in this agreement. In particular the User shall not use the content for own business purposes.
3. FEES
The Services provided to the User are free of charge.
However in case that the User applies for an ED-program that requires a direct payment to the respective ED-Partner, studdex may offer at its sole discretion and depending on the participating ED-Partner a credit card payment service for the payment of fees attributable to the ED-Partner. If studdex offers such a payment service, studdex acts as trustee to the respective ED-Partner.
4. RIGHT OF CANCELLATION
4.1 GENERAL
The User may cancel the contractual agreement with studdex in writing (e.g., by letter, fax or email) within a two (2) week period without reason. This two-week period begins upon receipt of these instructions, but not before the contract has been executed, and also not prior to the fulfillment of studdex´ informational duties as set out in Section 312c (2) BGB and Section 1 (1, 2 and 4) BGB InfoV, as well as studdex´ duties defined in Section 312e (1) line 1 BGB in connection with Section 3 BGB InfoV.
This agreement can be cancelled by sending timely notification to:
student@studdex.com
The User may also deliver notice of termination using the contact form available at the Site.
4.2 Consequences of cancellation
In the event of a valid contract cancellation, services and fees provided by both parties are to be returned, and any economic advantages gained (e.g., interest) are to be repaid.
4.3 Premature lapse of the right of cancellation
In accordance with §312d Par. 3 BGB (German Civil Code), the User’s right of cancellation lapses before the end of the right of cancellation period cited in section 3.1, in the following cases.
If studdex has begun rendering the services for which the User is registered with the express consent of the User, or
If the User has used the Services by applying to any program offered on the Site or contacting any ED-Partner.
5. TERMINATION
5.1 Termination by the User
The User may at any time request the termination of the contractual relationships with studdex.
Any such termination shall be in writing and sent via email to accounts@studdex.com
Once termination has been confirmed, the User’s access to the Site and Services will be immediately restricted.
5.2 Termination by studdex
5.2.1 Ordinary Termination
Furthermore studdex has right to terminate the contractual relationship with the User without reason at a three months notice. studdex shall notify the termination to the User via email.
5.2.2 Inactive Account
In the event, the User does not log-in to his studdex Account for a continued duration of 12 months, studdex shall have the right to terminate the contractual relationship with the User.
studdex shall notify the User of its intent of termination. In the event that the User does not respond within a 1 month period, this agreement may be terminated and the account held by the User will be closed.
5.2.3 Termination in the Event of Failure
studdex has right for an extraordinary termination without notice in cases of good cause.
A good cause is defined as an event which makes it unacceptable for studdex to continue the agreement. A good cause includes any of the following events:
- The User fails to comply with applicable statutory provisions
- The User breaches a material contractual obligation
- The User causes any damage to studdex or the EP-Partners
- studdex is obliged by statutory provisions to terminate this agreement, (if the User is convicted for a crime and his access and use of the internet is restricted by laws).
5.3 Consequences of Termination
[In the event of a valid contract termination, services and fees provided by both parties are to be returned, and any economic advantages gained (e.g., interest) are to be repaid.]
6. RESPONSIBILITY AND LIABILITY
6.1 studdex’S RESPONSIBILITY AND LIABILITY
studdex does not make any warrenties or representations regarding any data and/or information related to an ED-Program and/or ED-Partner and published on the Site as such data and/or information is provided by the respective ED-Partner.
Liability for damage claims based only on negligence against studdex (including its agents) shall exist only, if studdex breaches a cardinal obligation under this agreement. In this event, the amount of claims are limited to typical and foreseeable damages.
This limitation of the liability shall not affect personal injury and property damage claims.
6.2 USERS INDEMNITY
The User shall indemnify and exempt studdex from all actions, including damage claims, asserted by other users, the ED-Partners or third parties against studdex resulting from an violation of their rights by the actions of the User.
The User assumes all reasonable costs studdex incurs due to violation of third party rights, including all reasonable legal-defense costs.
All other rights and claims of studdex are unaffected hereof.
7. DATA PROTECTION
studdex recognizes that any data provided by the User to studdex is extremely important to the User, and studdex shall therefore be particularly sensitive in handling such data. studdex shall comply with all applicable legal provisions regarding data protection (German Data Protection Laws, European Data Protection Directives). In particular, studdex shall not provide or otherwise disclose any personal data of the User to any third party without authorization. Details on studdex's treatment of the User's data are set forth in the Data Protection Policy of studdex accessible from the Site.
8. INTELLECTUAL PROPERTY RIGHTS
The Site and all content belonging to the Site (texts, photos, images, graphics, database, etc.), are the exclusive property of studdex or have been licensed to studdex and are protected by copyrights.
The use or extraction of all or part of the database belonging to the Site or is strictly prohibited.
The download or use by any means of all or part of the pages and elements composing and belonging to the Site is strictly prohibited.
9. MODIFICATION OF THE CONDITIONS
studdex reserves the right to modify the TCU, in whole or part, at any time without prior notice or justification. The User will be notified of any modification by email and via the Site in the “terms of use” section.
In the event of opposition on the part of the User to any modification within the TCU, this agreement will be automatically terminated.
Continued use of the Service will be deemed to be the acceptance of any modifications imposed upon the TCU.
10. ASSIGNMENT
The User may not assign or dispose any rights or obligations without the express written consent of studdex.
11. SEVERANCE
In the event that any provision set down within the TCU is deemed invalid or unenforceable by a court of competent jurisdiction, all other provisions will remain in full force and their validity and enforceability will not be affected.
studdex and the User agree to renegotiate any unenforceable provision and to provide an adequate, enforceable substitution.
12. APPLICABLE LAW, DISPUTES AND JURISDICTION
This agreement is governed by the laws of Germany.