Terms & Conditions
Acceptance of this Agreement
Please read these Studify Terms of Use and privacy policy accessible via the following link https://www.Studify.au/privacy (“Privacy Policy”) before using the Studify website, which together, with any other terms and conditions and policies referred to in these Terms of Use comprise the agreement between you and us.
The following terms of use (the “Terms of Use”) govern your use of the website located at www.Studify.au either on your own behalf or on behalf of the entity, school or organization that you may represent (the “Website”). These Terms of Use form an agreement between Nepoz Group Pty Ltd t/a Studify, hereinafter referred to as Studify (“Studify”, “us”, “we”, “our”) and you. The term “you” refers to the person or entity accessing, visiting, browsing or otherwise using (“use” or “using” in these Terms of Use will mean any of the foregoing) the Website.
BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE ON YOUR OWN BEHALF OR ON BEHALF OF THE ENTITY, SCHOOL OR ORGANIZATION THAT YOU MAY REPRESENT, AS UPDATED FROM TIME TO TIME IN ACCORDANCE. IF YOU DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, YOUR SOLE RECOURSE IS TO LEAVE THE WEBSITE IMMEDIATELY. IF YOU ARE USING THE WEBSITE ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF USE.
Grant of License.
Subject at all times to your full compliance with the terms and conditions of this Agreement, the Studify grants to you a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to use and access the Solution solely for your personal, internal, non public, non-commercial use in furtherance of the Permitted Purpose. Depending on the category of user which applies to you, the “Permitted Purpose” is defined as:
- for student applicants, online user registration, the Studify application, and any application supplements, and/or other applicant forms;
- for colleges, universities, and other institutions of higher learning (and any employee, administrator, agent, or other representative thereof), receive student admission application data; or
- for high school educators, counselors, and providers of applicant recommendations, register an account, submit recommendations for or on behalf of an applicant’s applications to one or more member Colleges or Universities.
User Obligations
You represent that you will, at all times, provide true, accurate, current, and complete information (which you have all necessary rights, permission(s), prior express consent, or authority to provide) when submitting information through the Solution. In addition, you are responsible for compliance with all applicable laws, rules, and regulations, including but not limited to all laws and regulations governing consumer protection, unfair competition, commercial electronic mail (email) and messages, advertising, privacy, and information security with respect to your use of the Solution. If you access the Solution on behalf of any organization, your organization shall be bound to this Agreement and be liable for any breach by you. You represent that you have all rights, power, and authority to agree to this Agreement on behalf of your organization.
The Solution is not intended for use or access by any individual under the age of thirteen (13) years, and the Studify does not knowingly, willingly, or intentionally collect personal information from such individuals in any medium for any purpose.
User Representations
The User represents that he/she is not under any legal or other disability which limits his/her ability to comply with these above Terms and Conditions of use and Privacy Policy and or any other relevant terms hereto. User shall be solely responsible for maintaining the confidentiality of his/her account and passwords. The User shall be solely responsible for all activities happening under his/her Username whether authorized or not. User agrees to immediately notify Studify of any unauthorized use of his/her Account and Password.
Studify reserves the right without prior notice to access, read preserve and/or disclose the personal information of the User including the contents, materials if the same is required: In order to comply with any court judgment/decree/order/directive, By any legal/government authority; By applicable law; By professional/legal advisers, directors, employees/agents/representatives of Studify in connection with these terms or otherwise; For investigating potential violations of the terms herein or applicable national & international laws; For investigating deliberate damage to the Services or its legitimate operation; For responding to service support requests, or For protecting the rights, property or safety of Studify and/or its Directors, employees and the general public at large
Content
As a part of our Services offered through our Website, We shall grant you access to our content, courseware, practice tests, and other information, documents, data which may be in audio/video, written, graphic, recorded, photographic or any machine-readable format in relation to the specific certification training course You have registered for ("Content and Courseware").
We reserve the right to amend, revise or update the Content and Courseware offered to You. In the event such amendment, revision or update occurs, We may require you pay an additional amount of fees to access such amended, revised or updated Content and Courseware.
Intellectual Property Rights
While You are granted a limited and non-exclusive right to use the Website, the Services and the Content and Courseware for the Restricted Purpose as set forth in this Agreement, You acknowledge and agree that We are the sole and exclusive owner of the Website, the Services and the Content and Courseware and as such are vested with all intellectual property rights and other proprietary rights in the Website, the Services and the Content and Courseware.
You acknowledge and agree that this Agreement other than permitting You to use the Website, the Services and the Content and Courseware for the Restricted Purpose does not convey to You in any manner or form any right, title or interest of a proprietary or any other nature in the Website, the Services and the Content and Courseware.
Usage of Personal Information of Participants
We reserve the right to feature Your picture in any photos, videos, or other promotional material used by Us. Further, We may use Your personal information to inform You about other certification training courses offered by Us. However, We shall not distribute or share Your personal information with any third party marketing database or disclose Your personal information to any third party except on a case-to-case basis after proper verification of such third party or if required under any applicable law.
Disclaimer
THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEBSITE AND THE CONTENT WHETHER EXPRESS, IMPLIED OR STATUTORY, including, without limitation, any implied warranties or conditions of merchantable quality, fitness for a particular purpose, and non-infringement of THIRD-PARTY rights. Without limiting the generality of the foregoing, Studify does not warrant that the website or content will be accurate, complete or up-to-date, or that defects, inaccuracies or errors on the website will be identified or remedied. THE INFORMATION ON THE WEBSITE IS NOT INTENDED TO BE IMMIGRATION ADVICE AND THIRD-PARTY PROFESSIONAL ADVICE SHOULD BE OBTAINED WITH RESPECT TO ANY VISA APPLICATION YOU MAY PURSUE.
Indemnification
You will defend, indemnify and hold harmless us and all of our officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including, but not limited to, reasonable legal and accounting fees, brought in connection with or as a result of: (a) your breach of any provision of these Terms of Use or any documents referenced herein; (b) your violation of any law or the rights of a third party (including, without limitation, intellectual property rights); or (c) your use of the Website or the Content (including, without limitation, your use of the Website in connection with any immigration activities).
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
Limitation of Liability
In no event shall Studify, its officers, directors, employees,counselors or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Studify Education website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Studify shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
Governing Law and Jurisdiction
These Terms of Use will be governed by and construed under the laws of the State of NSW, Australia and the federal laws of Australia applicable therein. You hereby waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to these Terms of Use. In construing, interpreting and enforcing this Agreement, choice of law principles will not apply. The Website may only be accessed in jurisdictions where it may be lawfully offered for use. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Sydney, NSW, Australia in all disputes arising out of or relating to the use of the Website and these Terms of Use.
Entire Agreement, Waiver and Severability; Other Provisions
This Agreement, along with the privacy policy, refund policy, rescheduling policy, terms of use and any additional guidelines, rules and/or disclaimers posted on the Website constitutes the entire agreement governing Your use of our Website and supersedes any prior agreements, if any, relating to any matter dealt with in this Agreement. If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision will be severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.
These Terms of Use, the Privacy Policy, and the Student or Recruiter Terms, and any and all other legal notices or statements posted on the Website from time to time constitute the entire agreement between you and Studify with respect to the use of the Website, including the Content.
Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right.
Refund & Cancellation Policy:
All the monetary transactions done by the user of the site is in lieu of the payment gateway partner of Studify.com.au, and we take no responsibility for any payment discrepancies. Also, we have full right to consider and review the refund case if the amount paid by the user is in excess to the number of applications he has applied to. We have complete authority to review the college preferences as filled by the user if there is shortfall/excess of payment. Also, you are required to note your Transaction ID and receipt no. as provided by the payment gateway to furnish any information or track the payment status of your application form. Any pending amount to be paid by the user will need to be paid before the deadline for the application to the college has been reached. Any payment received after that may not result in acceptance of the application as a valid entry by the college. Studify cannot be held liable for the same and no refund will be entertained in such cases.
Change in terms of Privacy Policy:
Studify reserves the right to amend or modify these terms of use and Privacy Policy at any time, as and when the need arises. We request you to regularly check this page from time to time to keep you apprised of changes made. Your continued use of the Platform gives your unconditional acceptance to such change.
For any clarification, please contact Studify
- 10-12 Nelson St, Penshurst Sydney, NSW 2222@Studify.com