USER TERMS & CONDITIONS FOR THE WEBSITE
Any person(s) who signs up on the Website is a user.
In the forgoing agreement, wherever the word “User” appears, it shall be deemed to mean Guest User and/or Student and/or Candidate, unless expressly specified about the particular category of user.
Any person who uses the Website's features in any form - viewing content, using website features.
When a User subscribes for services on the Website, s/he is referred to as a "student"
When a User uses any of the Website's features to get in touch with an institute (university/b-school), OR when a User subscribes to paid admission consulting related services, s/he is referred to as a Candidate.
Services shall mean and include pre-admission consulting, application processing, scholarships and related services towards educational achievement and career development etc as the case may be
"edCoin" hereinafter shall mean the rewards system program under the Liberka platform and is operated by Website. "edCoin" will have the scope of being used for fee-reduction and/or such other rewards or offers initiated by Website and/or Website Partner(s) for registered users who may qualify for such rewards or offers. Nowhere in the entire website, “edCoin” shall mean or be construed as a derivative instrument and/or security similar to traded crypto-currency as defined under applicable laws.
edCoin Rewards System:
edCoin(s) can be accrued through following conditions:Bio Metric Verification: It is necessary for the User to complete his/her bio metric verification on the Libereka Platform so as to unlock and/or receive edCoin(s).
A confirmed admit into a university:
edCoin can also be accrued by the User upon receipt of admission offer and the subsequent payment of university fee by the User.
Purchase of edCoin:
User can purchase edCoin(s) directly from the Website. Additionally, Parents too can purchase edCoins as a way to fund their child's education for their period of studying abroad at anytime.
Transferability and Redemption of edCoin:
edCoin rewards can be redeemed only by the User personally. edCoins are not transferable in any manner internally or externally, as the ownership of the digital currency will remain with Libereka Platform at all times. Any unused edCoin(s) will be returned to the central pool of Libereka Platform either after the elapsation of a certain period of validity or inactivity for a continuous period of two (2) years.Removal of edCoins from a user account may happen when the account is inactive, or the edCoins haven't been redeemed in over 2 years. Website may add edCoins to a User's account depending upon the eligibility of a particular User by virtue of him/her getting additional reward. Libereka will always reserve the rights to add or remove edCoins from user accounts at all times. The decision of the website in matter of such unused/non redeemed coins shall be final and binding on the User at all times and as such shall not be open for grievance. THE ABOVE CLAUSES IN RESPECT OF edCoin ARE SUBJECT TO UPDATES AND CHANGES FROM TIME TO TIME.
Website controls and operates from various locations (including mobile applications) and makes no representation that this website is appropriate or available for use in all locations. The views expressed by users on the website are not those of the Website, and any issues in them belong to the respective contributors.
AVAILABILITY OF SERVICES
The Website endeavors to make available uninterrupted access to the Services. The Website uses proprietary, third-party licensed technologies and while all attempts are made to ensure stability and availability of the Services, the Website does not guarantee the availability of uninterrupted Services at all times. The User shall solely be responsible for all third party service(s), telephony and/or other fees and costs associated with access to the Website and use of the Services, including but not limited to obtaining and maintaining all telephone, computer hardware, software and other equipment required for such access and use of Services.
By accessing or using the Sites, Content, or Services, User agrees to be bound by these following terms and conditions which are as under:
Users are responsible for safeguarding the password that users use to access the Website, Content and Services. Users agree not to disclose the password to any third party. Users agree to take sole responsibility for any activities or actions under their respective password, whether or not users have authorized such activities or actions.
The website also provides a forum for its users to express themselves in the form of articles, comments, reviews and photographs. Users truthfully assert that the content being contributed is owned by User’s or that Users own the copyright to the content.
Users agree to use the Website in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Website that the website, in its sole discretion, finds inappropriate and/or offensive and/or illegal may result in suspension and/or termination of membership of user with or without notice, including but not limited to alerting/notifying appropriate authority for prevention and/or filing complaints against such erring user and such action shall include disclosure of personal details of the erring user. Conduct that is inappropriate and/or offensive and/or illegal includes without limitation the following:
• Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
• Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
• Use the website for any purpose that is in violation of local, state, national, or international law, including without limitation wage/hour and working condition laws and regulations;
• Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
• Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
• Take any action that would undermine any aspect of the website;
• Attempt to gain unauthorized access to the website, other User accounts, or other device, computer system or networks connected to the website;
• Advertise or offer to sell any goods or services for any commercial purpose on the website that are not appropriate or relevant to the website;
• Impersonate another person or allow any other person or entity to allow unauthorized use user name, password or membership of another user;
• Post the same content repeatedly or spam - spamming is strictly prohibited;
• Download any file posted by another user that Users know, or reasonably should know, cannot be legally distributed through the website;
• Access, download, or copy any information, content and/or materials from the website through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots, web spoofing, URL rewriting or other such means);
• Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the website; or
• Restrict or inhibit any other user from using and enjoying the website.
OPT-INS BY THE USER
The User hereby confirms and agrees that User has consented to receive Scholarships and admission offers from Universities partnering with the Website and the user understands that her/his profile will be securely shared with the University that is consented and/or opted by the user to be shared with. The user consents to be contacted by universities, colleges, and other partners of Libereka with critical and commercial information and acknowledges that some of these institutions may be outside the user's home country and that the user's data may be passed to these institutions and organizations for this purpose.
The User further confirms and agrees that the Website is under a statutory obligation to inform / share information of any user(s) if the same is required to be shared under any Order of a Court and/or is required by any authority who have a legal sanction to prepare and maintain a watchlist for prevention of any crimes and in such circumstances, the Website may share / inform the details of the particular user without any reference or notification to that particular user.
OBLIGATIONS OF THE USER(s)
The User (including a “Guest User”) must be 16 years of age or older to subscribe to the Services provided by the Website. While individuals under the age of 16 may utilize the Services, they may do so only under guidance of parent or guardian. Any payments received or Services availed from the Website by any User under the age of 16 shall be deemed to be undertaken under the guidance of parent or guardian and theWebsite shall not be responsible for any act of such User conducted otherwise under the guidance of the parent or legal guardian.
The User understands and agrees that the Website only facilitates the Services between the University/B-School and the User and the Website shall not be responsible for any dispute, with regard the Content or the counseling session, between the User and Experts and/or any dispute regarding quality of service between Institute and the User
The User hereby agrees and undertakes to pay the Fees in accordance with the payment schedule as mentioned in the Website for the selected service. If the User has any queries relating to the fee structure, then the User shall contact the Website at the details provided at the Contact Us link in the Website.
Unless otherwise specified, the Content on the Website is for educative use and the User shall be granted a limited license to access the Website for that purpose of the Services.
PERSONAL DATA OF THE USER
Any personal data relating to the User gathered by the Website in the registration process or during the use of the service will be recorded and only be used in accordance with Website’s Data Protection Policy.The Website uses various order and registration forms to enable Users to request information, products and services.
In some cases Users will be required to provide us with information such as User’s name, date of birth, email address, password, phone number and other such details as may be required from time to time.
Any personal data Website collects during registration or otherwise is designed to allow the Website to:
• personalise the Website for Users
• give Users access to, and to provide Users with the right kinds of information related to User’s enquiry
• enable the Website to compile statistical information for regulatory or business purposes
• send, or call Users about products and services that may be of interest toUsers. (Website will only provide Users with such marketing information with prior approval of Users)
If Users register and/or request further information or contact the Website, Website may keep a record of that correspondence and incorporate the information it contains into Website’s database(s), which Website will keep secure in accordance with the requirements of the Data Protection Act. Website will not transfer User’s personal data to any third parties unless:
• we have User’s consent to do so / User(s) have filled in any specific form
• it is otherwise authorised under the Data Protection Act.
The content of the pages of this Website is for User’s general information and use only. It is subject to change without notice. Use of any information or materials on this website is entirely at User’s own risk, for which Website shall not be liable. It shall be User’s own responsibility to ensure that any products, services or information available through this website meet User’s specific requirements. From time to time, this Website may also include links to other websites. These links are provided for User’s convenience to provide further information. They do not signify that Website endorses the website(s). Website has no responsibility for the content of the linked website(s). Personal information will only be used for educational, promotional or marketing purposes unless the User(s) does not wish to receive such information.
Notwithstanding anything contained herein , all intellectual property in relation to all information, including without limitation copyright, designs, trademark (registered or unregistered), service marks, logos, graphics, icons, available and utilized on this Website shall solely and exclusively vest with the Website throughout the world in perpetuity. Any form of reproduction of any information contained on the Website or any part thereof, is prohibited, unless authorised in writing by the Website.
Information from this Website may be copied for personal use only, subject to all copyright notices and source indications also being reproduced without any modification made to the items copied from the Website. Some materials have been published on the Website with the permission of the relevant copyright owners. All rights are reserved on these materials and permission to copy them must be requested from the copyright owners (as indicated within these materials).
The Website reserves the right to permanently shut down the Website, entirely at its own discretion without any prior notice to the User. In the event the Website is closed down for any reason whatsoever then the Website shall refund such monies to the Users for the period outstanding during which the Services have not been made available by the Website by the User.
CONFIDENTIALITY OF WEBSITE INFORMATION
Users may obtain direct access via the Website to certain confidential information of the Website and its affiliates, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). Users must hold Confidential Information in strict confidence. All right, title and interest in the Confidential Information remains with website and its affiliates.
However, the Terms shall impose no obligation upon Users with respect to Confidential Information if Users can establish (by legally sufficient evidence) that (a) User possessed and/or obtained the information without any obligation to maintain its confidentiality; (b) the information became generally known to the public without any act or omission by Users directly or indirectly; (d) Users independently developed the information without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) information gives was in response to a valid order by a court or other governmental body, or as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to the Website adequate to afford Website the opportunity to object to the disclosure.
DISCLAIMER OF WARRANTIES
Use of the Website is at user’s sole risk unless otherwise explicitly stated. The Website, including the information, services, and content, is provided on an “as is”, “as available”, and “with all faults” basis. The Website disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, or fitness for a particular purpose. The Website makes no representations, warranties, conditions or guarantees as to the usefulness, quality, suitability, truth, accuracy, or completeness of the site.
The Website makes no warranty or representations that: (a) the Website will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Website will be Accurate or reliable; (c) the quality of any products, services, content, information, or other material purchased or obtained from tutors will meet user’s expectations or requirements; or (d) any errors in the site will be corrected.
Users assume all risk for any damage to user’s computer system or loss of data that results from obtaining any content from the site, including any damages resulting from computer viruses.
The User expressly agrees that the services on the Website is provided to the User on “as is where is” basis. The User agrees that the Website is only a facilitator of Services between the University/B-Schools and User and is not responsible for any liability or disputes arising with respect to the Content or information provided by the University/B-Schools to the User or vice-versa.
The Content and information on this Website is periodically updated. The Content, information, software, product, features and services published on the Website may include inaccuracies or typographical errors. The Website may be temporarily unavailable from time to time due to required maintenance, telecommunication interruptions, or other disruptions. The Website and its directors, employees, affiliates, agents, representatives or subcontractors shall not be liable for any direct or indirect, punitive, incidental, special or consequential damages, whether based on contract, tort, strict liability or otherwise arising out of or in any way connected with the use of or inability to use this Website, or for any content, information, software, products, features and services obtained through this Website.
The User agree to indemnify, defend and hold harmless the Website and its officers, directors, agents, employees, affiliates, licensors, representatives and third party providers from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney’s fees and related expenses, due to or arising out of any Content provided on the Website or the style or manner in which the Information is prepared and imparted by the University/B-Schools and/or the Website, as the case may be, and which resembles to or violates or infringes any intellectual property right of any third party, or with respect to any information provided during counseling session with the User on the Website.
The User hereby undertakes that all information/details provided by the User is true, correct, and authentic which is provided by the User and indemnifies the Website and its officers, directors, agents, employees, affiliates, licensors, representatives and third party providers from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney’s fees and related expenses, due to or arising out of the authenticity of the personal information and/or academic credentials provided to the Website.
The information on the website is posted by its users/members/universities/B-schools. The Website will attempt to ensure the integrity and the accuracy of such information but it does not guarantee that the information is accurate or complete or current. The Website cannot be held liable for inaccuracy of any data listed on the website or any damage caused by the use of inaccurate data. It is the Website's policy to attend to any inaccuracy reported within 7 days.
Website expressly disclaims, and Users expressly release the website from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding a User's Eligibility Conditions and/or (b) misstatements or misrepresentations made by any User.
A user is entirely responsible for all Information s/he uploads, posts, or otherwise transmit through User’s use of the Site. Users agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to website or other users of the website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (e) is false, forged, illegal or fraudulent. Website reserves the right to edit or remove Content that violates these Terms and/or that contains third-party commercial advertisements, or for any other reason it deems necessary.
User understands and agrees that website does not conduct background checks of any other User. User understands and agrees the website neither confirms nor denies the validity of information provided by User. User understands and agrees to make User’s own decisions and assessments about persons to engage and that – IT IS USER’S SOLE RESPONSIBILITY TO CONDUCT ANY AND ALL BACKGROUND AND REFERENCE CHECKS REGARDING OTHER PARTIES WITH WHICH THE USER COMES IN CONTACT WITH, DURING THE USAGE OF WEBSITE.
Notices; modification and termination of services; amendment of terms
The Website may provide notice to Users via email, regular mail, or posting notices or links to notices on the Website. The Website reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. The Website may also delete, or bar access to or use of, all related information and files. The Website will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information. The Website may amend these Terms at any time by posting the amended terms on this Website.
If any dispute and/or difference arises between the Website and the User(s) hereto as the case may be in future with regard to the interpretation, implementation or breach of any terms and conditions or regarding any question, the User(s) hereto shall contact the Website at the details provided at the Contact Us link in the Website whereby the Website shall endeavor to settle such dispute and/or difference amicably and wherein such arrived settlement shall be final and binding upon the parties.
In case of failure to resolve the dispute and/or difference amicably, the dispute and/or difference shall be referred to arbitration consisting of a Sole Arbitrator who shall conduct the arbitral proceedings in accordance with the laws of the United Kingdom. The Sole Arbitrator shall be appointed by the website and the place of Venue shall be London. The Language of the arbitration proceedings shall be English
THE AFORESAID TERMS AND CONDITIONS ARE SUBJECT TO REGULAR SCRUTINY/UPDATE/ MODIFICATIONS WITHOUT NOTICE TO THE USER. THE TERMS AND WORDS WHICH ARE NOT SPECIFICALLY DEFINED HEREINABOVE SHALL MEAN AND DEEMED TO BE UNDERSTOOD IN THEIR GENERAL AND LITERAL SENSE. IN THE EVENT OF ANY DIFFERENCE OF OPINION WITH RESPECT TO THE MEANING OF THE TERM AND/OR WORD ARISE, THE INTERPRETATION PROVIDED BY THE WEBSITE SHALL BE FINAL, BINDING AND CONCLUSIVE.