EULA | Terms of Service
END USER LICENSE AGREEMENT
Last updated September 09, 2024
StudiLink is licensed to You (End-User) by StudiLink, located and registered at 275 Flemington road, Franklin, Australian Capital Territory 2913, Australia (‘Licensor’), for use only under the terms of this Licence Agreement.
By downloading the Licensed Application software distribution platform (‘App Store’), and any update thereto (as permitted by this Licence Agreement), You indicate that You agree to be bound by all of the terms and conditions of this Licence Agreement, and that You accept this Licence Agreement.
The App Store is referred to in this Licence Agreement as ‘Services’.
The parties of this Licence Agreement acknowledge that the Services are not a Party to this Licence Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. StudiLink, not the Services, is solely responsible for the Licensed Application and the content thereof.
This Licence Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions (Usage Rules’).
StudiLink acknowledges that it had the opportunity to review the Usage Rules and this Licence Agreement is not conflicting with them.
StudiLink when purchased or downloaded through the Services, is licensed to You for use only under the terms of this Licence Agreement. The Licensor reserves all rights not expressly granted to You. StudiLink is to be used on devices that operate within the framework of the platforms software.
TABLE OF CONTENTS
3. TECHNICAL REQUIREMENTS
3.1 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware.
You are not granted rights to claim such an update.
4. MAINTENANCE AND SUPPORT
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor’s use of such material and information is subject to Your legal agreements with Licensor and Licensor’s privacy policy, which can be found at the bottom of the Licensed Application.
You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.
6. USER-GENERATED CONTRIBUTIONS
The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material.
Any use of the Licensed Application in violation of the foregoing violates this Licence Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
7. CONTRIBUTION LICENCE
By posting your Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed Application by linking your account from the Licensed Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorise sublicences of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorise any Contributions to place them in more appropriate locations in the Licensed Application; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8. LIABILITY
9. WARRANTY
9.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download.
Licensor warrants that the Licensed Application works as described in the user documentation.
9.2 No warranty is provided
10. PRODUCT CLAIMS
StudiLink and the End-User acknowledge that StudiLink, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a ‘terrorist supporting’ country; and that You are not listed on any US Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
StudiLink:
275 Flemington road
Franklin, Australian Capital Territory 2913
13. TERMINATION
The licence is valid until terminated by StudiLink or by You. Your rights under this licence will terminate automatically and without notice from StudiLink if You fail to adhere to any term(s) of this licence. Upon Licence termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
StudiLink represents and warrants that StudiLink will comply with applicable third-party terms of agreement when using Licensed Application.
In Accordance with Section 9 of the ‘Instructions for Minimum Terms of Developer’s End-User Licence Agreement’, Apple and it’s subsidiaries shall be third-party beneficiaries of this End User Licence Agreement and — upon Your acceptance of the terms and conditions of this Licence Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User Licence Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
StudiLink and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes on the third party’s intellectual property rights, StudiLink, and not the Services, will be solely responsible for the investigation, defence, settlement, and discharge or any such intellectual property infringement claims.
16. APPLICABLE LAW
This Licence Agreement is governed by the laws of Australia excluding its conflicts of law rules.
17. MISCELLANEOUS
STUDILINK’S TERMS & CONDITIONS
By using our platform, you agree to be bound by these policies. Please read them carefully before using our services.
1. Acceptance of Terms
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. User Account and Registration
· You must be at least 13 years old to create an account.
· You must provide accurate and complete registration information.
· You are responsible for maintaining the confidentiality of your account and password.
2. User Conduct
· You agree to use our services only for lawful purposes.
· You must not:
– Harass, abuse, or threaten other users.
– Post obscene, defamatory, or infringing content.
– Use our services for commercial purposes without permission.
– Share or distribute quizzes or assessments without permission.
3. Accounts
You need an account for most activities on our platform. Keep your password somewhere safe, because you’re responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting our Support Team. You must have reached the age of consent for online services in your country to use StudiLink.
When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.
You may not share your account login credentials with anyone else. You are responsible for what happens with your account and StudiLink will not intervene in disputes between users who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting us. We may request some information from you to confirm that you are indeed the owner of your account.
You can terminate your account at any time through your account profile or through our contact us page. Check our Privacy policy page to see what happens when you terminate your account.
4. Intellectual Property
· Our services, including quizzes and assessments, are protected by copyright and intellectual property laws.
· You must not reproduce, distribute, or modify our content without permission.
5. Liability and Indemnification
· We are not liable for any damages or losses arising from your use of our services.
· You agree to indemnify us against any claims, damages, or expenses arising from your breach of these Terms and Conditions.
6. Termination
· We may terminate your account or access to our services at any time, without notice, for any reason.
· Upon termination, you must cease using our services and delete any content you have downloaded.
7. Changes to Terms and Conditions
· We reserve the right to update or modify these Terms and Conditions at any time.
· Changes will be posted on our website and effective immediately.
8. Content Management and User Access
When you enrol in a course or other content, you get a license from us to view it via the StudiLink Services and no other use. Don’t try to transfer or resell content in any way. We generally grant you a lifetime access license, except when we must disable the content because of legal or policy reasons.
Under our terms, when administrators publish content on StudiLink, they grant StudiLink a license to offer a license to the content to users. As a user, when you use a course or other content, you are getting a license from StudiLink to view the content via the StudiLink platform and Services, and StudiLink is the licensor of record. Content is licensed, and not sold, to you. This license does not give you any right to resell the content in any manner (including by sharing account information with a purchaser or illegally downloading the content and sharing it on torrent sites).
In legal, more complete terms, StudiLink grants you (as a user) a limited, non-exclusive, non-transferable license to access and view the content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with the particular content or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless we give you explicit permission to do so in a written agreement signed by a StudiLink authorized representative. This also applies to content you can access via any of our APIs.
We generally give a lifetime access license to our users when they enroll in a course or other content. However, we reserve the right to revoke any license to access and use any content at any point in time in the event where we decide or are obligated to disable access to the content due to legal or policy reasons, for example, if the course or other content you enrolled in is the object of a copyright complaint, or if we determine it violates our Terms of Service guidelines. Administrators may decide at any time to no longer provide teaching assistance or Q&A services in association with the content. To be clear, the lifetime access is to the course content but not to the administrator.
Administrators may not grant licenses to their content to users directly, and any such direct license shall be null and void and a violation of these Terms.
9. Content and Behavior Rules
You can only use StudiLink for lawful purposes. You’re responsible for all the content that you post on our platform. You should keep the reviews, questions, posts, courses, and other content you upload in line with our Terms and Conditions guidelines, and respect the intellectual property rights of others. We can ban your account for repeated or major offenses. If you think someone is infringing your copyright on our platform, let us know.
You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
If you are a user, the Services enable you to ask questions to the administrators of courses or other content you are enrolled in, and to post reviews of content. For certain content, the administrator may invite you to submit content as “homework” or tests. Don’t post or submit anything that is not yours.
If you are an administrator, you can submit content for publication on the platform and you can also communicate with the users who have enrolled in your courses or other content. In both cases, you must abide by the law and respect the rights of others: you cannot post any course, question, answer, review, or other content that violates applicable local or national laws or regulations of your country. You are solely responsible for any courses, content, and actions you post or take via the platform and Services and their consequences.
If we are put on notice that your course or content violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), if we discover that your content or behavior violates our Terms of Service guidelines or if we believe your content or behavior is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your content from our platform. StudiLad complies with copyright laws. Check out our Intellectual Property policy for more details.
We may restrict or terminate your permission to use our platform and Services or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms, if you fail to pay any fees when due, for fraudulent chargeback requests, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, if we suspect that you engage in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any such termination, we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.
If a user has published content that infringes your copyright or trademark rights, please let us know. Our service terms require our administrators to follow the law and respect the intellectual property rights of others.
10. StudiLink’s Rights to Content You Post
You retain ownership of content you post to our platform, including your courses. We’re allowed to share your content with anyone through any media, including promoting it via advertising on other websites.
The content you post as a user or administrator (including courses) remains yours. By posting courses and other content, you allow StudiLad to reuse and share it, but you do not lose any ownership rights you may have over your content.
When you post content, comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize MindSprint to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit.
In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with StudiLink for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.
11. Using StudiLink at Your Own Risk
Anyone can use StudiLink to create and publish content, and we enable administrators and users to interact for teaching and learning. Like other platforms where people can post content and interact, some things can go wrong, and you use StudiLink at your own risk.
Our platform model means we do not review or edit the content for legal issues, and we are not in a position to determine the legality of content. We do not exercise any editorial control over the content that is available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the content. If you access content, you rely on any information provided by an administrator at your own risk.
By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. MindSprint has no responsibility to keep such content from you and no liability for your access or enrollment in any course or other content, to the extent permissible under applicable law. This also applies to any content relating to health, wellness, and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of content, and by accessing such content you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after your access to the content.
When you interact directly with a user or an administrator, you must be careful about the types of personal information that you share. While we restrict the types of information administrators may request from users, we do not control what users and administrators do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.
We do not hire or employ administrators, nor are we responsible or liable for any interactions involved between administrators and users. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of administrators or users.
When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.
12. StudiLink’s Rights
We own this platform and Services, including the website, present or future apps and services, and things like our logos, API, code, and content created by our employees. You can’t tamper with those or use them without authorization.
All right, title, and interest in and to the StudiLink platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by administrators and users) are and will remain the exclusive property of StudiLink and its licensors. Our platforms and services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing gives you a right to use the StudiLink name or any of the StudiLink trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding StudiLink or the Services is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
You may not do any of the following while accessing or using the StudiLink platform and Services:
* Access, tamper with, or use non-public areas of the platform (including content storage), StudiLink’s computer systems, or the technical delivery systems of StudiLinks service providers.
* Disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
* Copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the StudiLink platform or Services.
* Access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
* In any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as StudiLink); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.
13. Interactive Session Restrictions
You may not do any of the following while accessing or using the Interactive Sessions:
* Use the Interactive Sessions for any purpose other than to perform the activities as instructed by StudiLink labs;
* Provide web, database, or forum access, or engage in cryptocurrency mining, on or through the Interactive Sessions;
* Exceed the usage limitations;
* Access or use the Interactive Sessions in any commercial production environment;
* Take any action in the Interactive Sessions that results in a disruption or interference with our Services or the stability of our infrastructure; or
* Use any data or information other than simulated, anonymous, non-personal, non-live data or information when accessing or using the Interactive Sessions.
These restrictions are in addition to those listed elsewhere in these Terms, including in the “Content and Behavior Rules” and “StudiLink’s Rights” sections above.
14. Miscellaneous Legal Terms
These Terms are like any other contract, and they have boring but important legal terms that protect us from the countless things that could happen and that clarify the legal relationship between us and you.
15. Binding Agreement
You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with MindSprint. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.
If you are an administrator accepting these Terms and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
Any version of these Terms in a language other than English is provided for convenience, and you understand and agree that the English language will control if there is any conflict.
These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us.
If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms will continue in effect.
Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.
The following sections shall survive the expiration or termination of these Terms: Sections (Content Enrollment and Lifetime Access), (StudiLink’s Rights to Content You Post), (Using StudiLink at Your Own Risk), (StudiLink Rights), (Miscellaneous Legal Terms), and (Dispute Resolution).
16. Disclaimers
It may happen that our platform is down, either for planned maintenance or because something goes wrong with the site. It may happen that one of our administrators is making misleading statements in their content. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from the use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will StudiLink or its affiliates, suppliers, partners, or agents be held liable for any damages due to such interruptions or lack of availability of such features.
We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
17. Limitation of Liability
There are risks inherent to using our Services, for example, if you access health and wellness content like yoga and you injure yourself. You fully accept these risks and agree that you will have no recourse to seek damages even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of $50 AUD. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.
18. Indemnification
If you behave in a way that gets us into legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless StudiLink, our group companies, and their officers, directors, suppliers, partners, and agents from and against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from: (a) the content you post or submit; (b) your use of the Services; (c) your violation of these Terms; or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
19. Legal Actions and Notices
No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one year after the cause of action has accrued, except where this limitation cannot be imposed by law.
Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email.
20. Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
21. No Assignment
You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.
22. Sanctions and Export Laws
You warrant that you (as an individual or as a representative of any entity on whose behalf you use the Services) aren’t located in, or a resident of, any country that is subject to applicable U.S. trade sanctions or embargoes (such as Cuba, Iran, North Korea, Syria, or the Crimea, Donetsk, or Luhansk regions). You also warrant that you aren’t a person or entity who is named on any U.S. government specially designated national or denied-party list.
If you become subject to such a restriction during the term of any agreement with StudiLink you will notify us within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to StudiLink)
You may not access, use, export, re-export, divert, transfer, or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any United States and other applicable country export control and trade sanctions laws, rules, and regulations. You agree not to upload any content or technology (including information on encryption) whose export is specifically controlled under such laws.
23. Recommendation Systems
Our recommendation systems suggest content you might be interested in based on factors such as content you’ve interacted with and searches you’ve performed on our platform, content other users have interacted with on our platform, and information you’ve provided to us while interacting with our website or apps.
24. Dispute Resolution
If there’s a dispute, our team is happy to help resolve the issue. If that doesn’t work and you live in the United States or Canada, your options are to go to small claims court or bring a claim in binding individual arbitration; you may not bring that claim in another court or participate in a non-individual class action claim against us. This Dispute Resolution section (“Dispute Resolution Agreement”) applies only if you live in the United States or Canada. Most disputes can be resolved, so before bringing a formal legal case, please first try contacting us.
25. Small Claims
Disputes raised but not resolved through the mandatory informal dispute resolution process can be brought in small claims court in: (a) San Francisco, California; (b) the county where you live; or (c) another place we both agree on. We each waive the right to bring any disputes between us in courts other than small claims court, including courts of general or special jurisdiction.
26. Arbitration
As the sole alternative to small claims court, you and StudiLink have the right to resolve disputes through individual arbitration. While there’s no judge or jury in an arbitration, the arbitrator has the power to award the same individual relief and must follow our agreement in the same way as a court. If one of us brings a dispute to a court other than a small claims court, the other party can ask a court to require us both to go to arbitration. Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing. To the extent that any cause of action or claim for relief can’t be addressed in arbitration, you and StudiLink agree that all court proceedings shall be paused pending the resolution in arbitration of all arbitrable causes of action and claims for relief. Nothing in this Dispute Resolution Agreement is intended to limit the individual relief available to either of us in arbitration or small claims court.
If you and StudiLink disagree on whether a dispute must be arbitrated, the scope of the arbitrator’s powers, or the enforceability of any aspect of this Dispute Resolution Agreement, the arbitrator alone shall have, to the fullest extent permitted by law, the sole authority to address all such disagreements, including but not limited to those concerning or related to the formation, legality, interpretation, and enforceability of this Dispute Resolution Agreement. This provision doesn’t limit the procedure for challenging an improperly commenced arbitration.
Any court of competent jurisdiction will have the authority to enforce the requirements of this Dispute Resolution Agreement and, if necessary, enjoin the filing or prosecution of any arbitrations and the assessment of fees for any arbitration or mediation not conducted under this Dispute Resolution Agreement.
If the American Arbitration Association (“AAA”) or any other arbitration organization or arbitrator is, for any reason, unable to administer any arbitration required under this Dispute Resolution Agreement, you and StudiLink shall negotiate in good faith on the substitution of another organization or individual to handle the arbitration. If we can’t agree on an alternative, you or StudiLink may petition a court of competent jurisdiction to appoint an organization or individual to conduct the arbitration in a manner consistent with this Dispute Resolution Agreement for a cost comparable to that of the designated arbitration organization.
27. General Arbitration Rules
The arbitration process will differ depending on whether your claim is pursued individually or as part of a Mass Arbitration (defined below). The general arbitration rules outlined in this section (“General Arbitration Rules”) shall control, except in the case of a Mass Arbitration. All arbitrations shall be before a single arbitrator. Except as otherwise provided in this Dispute Resolution Agreement, a party electing arbitration must initiate proceedings by filing an arbitration demand with the AAA.
28. Mass Arbitration Rules
If 25 or more claimants (each a “Mass Arbitration claimant”) or their lawyers file or disclose an intention to file demands for arbitration against StudiLink raising substantially identical disputes, and counsel for the claimants are the same or coordinated across the disputes (a “Mass Arbitration”), these special rules shall apply.
Each Mass Arbitration claimant must complete the informal dispute resolution process described in this Dispute Resolution Agreement. Counsel for claimants shall file a single Claim Statement for all Mass Arbitration claimants that identifies all Mass Arbitration claimants by full name, mailing address, and email address. The Mass Arbitration claimants must then follow a “bellwether procedure” described below in which a group of up to 10 claimants proceed to arbitration (each a “bellwether arbitration”), followed by a mandatory mediation process through which the disputes of Mass Arbitration claimants may be resolved. Any statutes of limitation applicable to disputes of Mass Arbitration claimants shall be tolled from the submission of their Claim Statement until the mandatory mediation process has been completed.
Counsel for the Mass Arbitration claimants and StudiLink counsel shall each select up to five claimants for bellwether arbitrations (not more than 10 in total) to be each promptly decided individually as a bellwether arbitration conducted under the General Arbitration Rules, with each case assigned to a separate arbitrator. If any other Mass Arbitration claimants have filed claims in arbitration, they shall promptly be dismissed without prejudice before the bellwether arbitrations may proceed. Each bellwether arbitration shall be completed within 120 days. No other demands for arbitration by Mass Arbitration claimants may be initiated during the pendency of the bellwether arbitrations and the mandatory mediation process which follows.
On the resolution of the 10 bellwether cases, StudiLink’s counsel and counsel for the Mass Arbitration claimants shall participate promptly and in good faith in non-binding confidential mediation for a period of at least 60 days in a good faith effort to resolve all disputes of the Mass Arbitration claimants. This mediation shall be conducted by the AAA under its then-current Mediation Procedures of the AAA, unless StudiLad and the Mass Arbitration claimants mutually agree to another mediator and/or mediation procedure. To the extent that any cause of action or claim for relief can’t be addressed by FairClaims under its Small Claims Rules & Procedures, you and StudiLink agree that any court proceedings involving Mass Arbitration claimants and StudiLink shall be paused pending the final resolution in arbitration with FairClaims of all arbitrable causes of action and claims for relief.
If the Mass Arbitration Rules are determined to be unenforceable for any reason in a decision of any arbitrator or court as to which further review is foreclosed and all motions, appeals, and petitions for review have been resolved fully (a “Final Determination”), then you and StudiLink agree that all unresolved disputes between Mass Arbitration claimants and StudiLink must be filed in and resolved by a court of competent jurisdiction only (including on a class action basis if the dispute qualifies), and shall not be filed in, pursued further, or resolved through arbitration or otherwise be subject to any contractual obligation to arbitrate. To the extent that any arbitrations filed by or on behalf of Mass Arbitration claimants are still pending after a Final Determination, those claimants shall immediately dismiss such arbitrations without prejudice. A finding that these Mass Arbitration Rules are unenforceable for any reason, including any Final Determination, shall have no effect on the validity or enforceability of any other provisions of these Terms, including those set forth in this Dispute Resolution Agreement.
29. Fees and Costs
You and StudiLink agree that each party will bear its own costs and attorneys’ fees in the event of a dispute, provided, however, that either party may recover fees and costs to the extent permitted by applicable law. If a court or an arbitrator determines that an arbitration has been brought or threatened in bad faith, or that the demand was frivolous or asserted for an improper purpose, the court or arbitrator may, to the fullest extent permitted by law, award attorneys’ fees to the party defending against the claim just as a court could.
30. No Class Actions
Except as expressly provided for in connection with the Mass Arbitration Rules, we both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one user’s case can only decide the disputes of that user, not other users. Nothing in this Dispute Resolution Agreement limits the parties’ rights to resolve a dispute by mutual agreement through a class-wide settlement of claims.
31. Governing Law and Jurisdiction
· These Terms and Conditions are governed by [Canberra/Australia] law.
· Any disputes arising from these Terms and Conditions will be resolved through [Dispute Resolution Process].
32. Dispute resolution process
1. Initial Contact: The user submits a complaint or dispute to StudiLink’s support team via email ([email protected]) or through the website’s contact form.
2. Acknowledgement: StudiLink support team acknowledges receipt of the complaint within 24-48 hours and provides a unique case reference number.
3. Investigation: StudiLink’s support team investigates the complaint, gathering relevant information and evidence.
4. Response: StudiLink’s support team responds to the user with a resolution or proposed solution within 5-7 business days.
5. Escalation: If the user is not satisfied with the proposed solution, they can request escalation to a senior support specialist or manager.
6. Mediation: If the issue remains unresolved, StudiLink may offer mediation through a neutral third-party service.
7. Arbitration: As a last resort, StudiLink may agree to binding arbitration, conducted by a recognized arbitration body.
33. Contact Us
If you have any questions or concerns about these Terms and Conditions, please contact us on our support page.
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
Please confirm you want to block this member.
You will no longer be able to:
Please note: This action will also remove this member from your connections and send a report to the site admin. Please allow a few minutes for this process to complete.