These terms and conditions of “The Edu Network” includes the Privacy Policy and other documents referred to in these terms and conditions this “Agreement” is a legal agreement between you (hereinafter, “you” or “your”) and The Edu Network, hereinafter referred to The Edu Network, respecting your use of the Services as described herein.
BY INDICATING YOUR ACCEPTANCE BY CLICKING ON THE APPROPRIATE BUTTON WHEN SIGNING UP FOR THE SERVICES, AND THEREAFTER BY USING THE SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THE AGREEMENT DO NOT ACCESS OR USE THE EDU NETWORK.
Except where prohibited by applicable law The Edu Network may change the terms and conditions of this Agreement at any time by posting updated terms on The Edu Network website. You are responsible for monitoring The Edu Network website for any such changes and for reviewing such changes. Your continued access to or use of The Edu Network after any changes to the Agreement indicates your acceptance of such changes.
If you have any questions or concerns about the terms of this Agreement, please contact us at info@theedunetwork.com. The official website of The Edu Network. The website calls your attention to the meaning attributed to the following, detailed hereunder:-
Clause 2. Definitions
In these Terms and Conditions:
“Access Information” has the meaning set out in Clause 6.
“Agreement” has the meaning set out in the first paragraph of these Terms and Conditions.
“Applicable Law” means any domestic or foreign law, rule, statute, any legislation, subordinate legislation, regulation, by-law, order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial or quasi-judicial pronouncement, arbitration award, administrative, ministerial or departmental judgment, decree, treaty, directive, or other requirement or guideline published or in force pre-existing or at any time during the term of this agreement which applies to or is otherwise intended to govern or regulate any person (including any Party), property, transaction, activity, event or other matter, including any rule, directive or other requirement or guideline issued by any Governmental or Regulatory Authority in the territory of origin and operation.
“Application” has the meaning set out in Clause 2
“The Edu Network Partner” means any educational institution, company, organization, association, or individual that has entered into an agreement with The Edu Network to use or promote The Edu Network, or to enable their employees or students to use or promote The Edu Network.
“The Edu Network” means The Edu Network website i.e, www.theedunetwork.com, and the Services, including the Content therein, as modified from time to time.
“Confidential Information” means information considered confidential or proprietary by The Edu Network, including The Edu Network, its business plan and strategy, any design, prototype, a compilation of information, data, program, method, invention, license, technique or process, information relating to any of The Edu Network services, The Edu Network’s software, website, and web platform, client and user information, financial information, marketing information, intellectual property, business opportunities, or research and development.
“Content” has the meaning set out in Clause 2.
“De-identified Data” has the meaning set out in Clause 5.
“Governmental or Regulatory Authority” means any national, provincial, territorial, state, county, municipal, quasi-governmental or self-regulatory department, authority, organization, agency, commission, board, tribunal, dispute settlement panel or body, bureau, official, minister, Crown corporation, or court or other law, rule or regulation-making entity having or purporting to have jurisdiction over, “ The Edu Network”, you or any other person, property, transaction, activity, event or other matter related to this Agreement, including subdivisions of, political subdivisions of and other entities created by, such entities
“Party” means each of The Edu Network and you, and “Parties” means The Edu Network and you collectively.
“Personal Information” means information about an identifiable individual.
“Privacy Policy” has the meaning set out in Clause 4.
“Program” means a study program, language programs, summer camps, including one of the academic programs or a program specifically designed to transition international students (sometimes referred to as a pathway program), offered by The Edu Network Partners.
“Recruiter” means any individual or entity that you engage to represent you to submit an Application using The Edu Network.
“Services” has the meaning set out in Clause 2.
“Submission” has the meaning set out in Clause 11.
“Terms and Conditions” has the meaning set out in the first paragraph of these terms.
“Your Data” has the meaning set out in Clause 4
Clause 2. Services
The Edu Network’s services described in this Clause 2 (collectively referred to as the “Services”) consist of the following:
The Edu Network will provide access to certain information, material, or content (including, pricing, features, promotion, and information of third parties) contained on or provided through The Edu Network website i.e., www.theedunetwork.com (the “Content”) to provide information is to assist you through the process of becoming a student to certain The Edu Network Partners within Canada, the U.S., the U.K, and Australia, or any other country, including Program information;
The Edu Network will provide you with the ability to input Your Data into The Edu Network and will act as an intermediary to pass Your Data to the applicable The Edu Network Partners in order to enable you to apply to programs offered by such The Edu Network Partners to each and everyone through an online “Application”.
The Edu Network will facilitate an Application, on a case-by-case basis, through THE EDU NETWORK (www.theedunetwork.com) as applicable, by assisting you with communications with the applicable, The Edu Network Partners, passing through Application fees and other payments associated with an Application, and providing guidance and advice associated with an Application.
Please note that the Services, as described above, are subject to the terms and conditions in this Agreement, and in particular the “Disclaimers” set out in Clause 17 below.
Clause 3. License to Use The Edu Network.
Subject to the terms and conditions in the Agreement and any restrictions contained in the Content, The Edu Network hereby grants you a personal, non-exclusive, revocable, non-transferable license to access The Edu Network solely for the purposes of using the Services, view the Content, and submit an Application to The Edu Network Partners.
Clause 4. Your Data
Your Data Must be Complete and Accurate
In order to use The Edu Network, you must:
provide up-to-date complete and accurate Personal Information and other data submitted by you to The Edu Network or otherwise provided to The Edu Network, including name information, contact information, citizenship, and legal status, gender, date of birth, email address, telephone number, home and mailing address, marital status, emergency contact information, financial information, education qualification, employment information, educational information, transcript, English or French test score, passport and/or other identification details, information required for visa application, including financial and medical information (“Your Data”), as requested by The Edu Network on The Edu Network’s website, and as required to process your Application;
where payment is required, provide up-to-date, complete, and accurate payment information as required by The Edu Network or The Edu Network’s third party payment processor, as applicable (which may include a valid PayPal or Stripe account, or credit card information for a credit card that is valid and legally registered to you); and
OBTAIN ALL RELEVANT PERMISSIONS FROM ANY AFFECTED THIRD PARTY, SUCH AS YOUR EDUCATIONAL INSTITUTION, FOR THE EDU NETWORK TO COLLECT YOUR DATA.
Ownership of Your Data
Nothing herein transfers any ownership of Your Data to The Edu Network in its original form.
Quality of Your Data and Feedback
Without limiting the foregoing, The Edu Network does not assess Your Data for quality or otherwise. The Edu Network, The Edu Network Partners, and other third parties to whom The Edu Network is permitted to pass Your Data under this Agreement, may rely on the accuracy of Your Data provided by you to The Edu Network.
Any feedback that you receive respecting Your Data is not as the result of any specific examination of the data by The Edu Network, or any judgment exercised by The Edu Network respecting Your Data, but rather is solely based on the compliance requirements of The Edu Network Partners.
Consent to Processing of Your Data
An integral part of The Edu Network entails the collection, processing, transmission, and disclosure of Your Data by The Edu Network, The Edu Network Partners, and their service providers, and you hereby specifically consent to:
The Edu Network’s provision of Your Data to any The Edu Network Partner, visa agencies, English and French test score organizations, professional bodies, service providers to The Edu Network (including our hosting providers and payment processors) as part of the provision of The Edu Network to you, and Governmental or Regulatory Authorities;
Communications from The Edu Network (including e-mail communications, both marketing and informational) respecting The Edu Network, and The Edu Network’s products and services; and
collection, use, and other processing activities as set out in The Edu Network’s Privacy Policy.
Clause 5. Cookies Policy
As regards to cookies, if you opt no, the site will not function without these cookies. They cannot be opted out. These session cookies are used to provide the basic functionality of the site, including login, page, and content authorization. One trust
Used for cookie compliance purposes to maintain the cookie preference settings of visitors.
Analytics:
Used to identify and count the number of site visitors and analyze their movements around the Site (including the number of page views, number of visitors, and time spent on each page). This helps us to improve the way our sites work, for example by making sure you can easily find what you need, and monitor the performance of our application in order to improve it.
Used to understand the user's preferences, improve their experience, and analyze usage.
Used to maintain the user’s session on our online shop - Improve website usage and store information about the user’s activity (e.g., login and checkout).
Do Not Track: Currently, our systems do not honor browser “do-not-track” requests. You may, however, disable certain tracking as discussed above (e.g., by disabling Cookies); you also may opt-out of Third Party Analytics or targeted advertising by following the instructions in the Third Party Ad Networks section below.
Social Media: We may offer you the opportunity to engage with our content on or through third-party social networking websites, plug-ins, and applications. When you engage with our content on or through third-party social networking websites, plug-ins, and applications, you may allow us to have access to certain information associated with your social media account (e.g., name, username, email address, profile picture) to deliver the content or as part of the operation of the website, plug-in or application. When you provide information from your social media account, we may use this information to personalize your experience on the Website and on the third-party social networking websites, plug-ins, and applications, and to provide you with other products or services you may request.
Links to Other Websites: Our Website may contain links to other websites that The Edu Network does not own or operate, including the websites of third-party partners. Also, links to our Website may be featured on third-party websites on which we advertise. Except as provided herein, we will not provide any of your personal information to these third parties without your consent. We provide links to third-party websites as a convenience to the user. These links are not intended as an endorsement of or referral to the linked websites. The linked websites have separate and independent privacy statements, notices, and terms of use, which we recommend you read carefully. We do not have any control over such websites, and therefore we have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose, secure, and otherwise treat your personal information.
Your Personal Information will be handled in accordance with The Edu Network’s Privacy and Cookies Policy accessible via the following link:
http://ten.turningpoint.in/cookies-policy.php (the “Cookies Policy”).
Notwithstanding the foregoing, The Edu Network reserves the right at all times to disclose any Personal Information as it deems necessary to satisfy any Applicable Law, legal process, or requirements of a Governmental or Regulatory authority.
Storage of Your Data in Other Jurisdictions
You acknowledge that due to the nature of The Edu Network, Your Data uploaded to The Edu Network may be hosted on servers residing in jurisdictions other than Canada or any other country, over which The Edu Network has no direct control. By using The Edu Network, Your Data may become, during the period that Your Data is hosted on such servers, subject to the Applicable Laws of the jurisdiction in which such servers reside or to the terms of agreements respecting the hosting of data on such servers.
Clause 6. Your De-Identified Data
The Edu Network may also use itself or provide to third parties, Your Data, and any data regarding your use of The Edu Network, in aggregated form, in a manner that does not identify you (“De-Identified Data”), subject to The Edu Network’s Privacy Policy, for The Edu Network’s business uses, including for the purposes of enhancing and fixing The Edu Network, performing analytics, marketing The Edu Network to third parties, and selling such De-Identified Data for profit. The Edu Network will own any and all intellectual property rights in the output of The Edu Network’s use of any such De-identified Data.
Clause 7. De-Identified Data Clause 7 Your Access Information
The Edu Network will provide you with certain information to allow you to use The Edu Network website, such as one or more user IDs and passwords and/or the ability to create user IDs and/or passwords (the “Access Information”). The Access Information is provided on the understanding that it is personal to you; you will not permit anyone other than you or your authorized representatives to obtain access to The Edu Network Website using the Access Information.
Clause 8. Your Representations and Warranties
You covenant, represent, and warrant that:
you have reached the age of majority in your jurisdiction of residence and have the legal authority to create a binding legal obligation;
you will not permit anyone other than yourself or your authorized designate to obtain access to The Edu Network website through your, The Edu Network account or otherwise use your Access Information;
you will only use The Edu Network website in accordance with this Agreement and Applicable Law;
you will comply with all applicable intellectual property laws in your use of The Edu Network website and not infringe, violate or misappropriate the intellectual property rights of any third party;
you will comply with any The Edu Network Partner policies and procedures applicable to your Application;
Your Data is true, accurate, current, and complete, and if it becomes inaccurate, you will promptly notify The Edu Network or update Your Data on The Edu Network website;
To the extent that you engaged a Recruiter to provide Your Data on your behalf for the purposes of using by The Edu Network. (A) that the Recruiter has a legitimate educational interest in access to your educational records and information (the “Educational Records”), and (B) in the U.S. the Recruiter may have access to such Educational Records subject to and in accordance with 34 F.R. 99.31(a)(1)(B);
you will not solicit any immigration or visa-related advice, at any stage of a visa application or proceeding (including prior to a visa application being made), from a Recruiter unless you have confirmed that the Recruiter complies with Applicable Law in the country to which you are applying and, if required, confirming that the Recruiter has a registration pursuant to such Applicable Law;
you will not pay a related fee or other consideration to any unauthorized Recruiters for any immigration or visa-related advice unless they have confirmed to you that they are qualified under Applicable Law;
you will be solely responsible for all activities with respect to The Edu Network undertaken by you or your designates;
you will not use The Edu Network web to provide commercial services to, or for the benefit of, any third party;
you have the right and the authority to enter into this Agreement, to grant the rights and licenses referred to in this Agreement, to use The Edu Network, and to post or upload any content to The Edu Network’s website or otherwise provide such content and Your Data to The Edu Network;
you have all legal rights necessary to use The Edu Network website, both in the jurisdiction in which you are located and in the jurisdiction where The Edu Network Partner you are applying to is located, including the right to access the Content, and the right to make the Application and provide Your Data;
you are not located in a country that is subject to a Canadian or U.S. Government embargo or sanctions that would prevent you from becoming a student;
you are not listed on any Canadian or U.S. Governmental or Regulatory Authority lists of prohibited or restricted parties;
you agree to obtain all authorizations necessary from all third parties for your use of any third-party data in conjunction with The Edu Network.
you will ensure that your use of The Edu Network does not interfere with, degrade, or adversely affect any software, system, network, or data used by any person including The Edu Network and other users of The Edu Network (including by ensuring that you do not upload any viruses or other harmful code in using The Edu Network website or by placing an undue burden upon the CPUs, servers or other resources used to be provided to The Edu Network.)
you will not in any way use The Edu Network to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortious acts, including any infringement of intellectual property rights, any fraudulent activities, any deceptive impersonation, or any activities that violate any third party’s privacy rights;
you will not interfere with or in any manner compromise any of The Edu Network’s security measures;
you will not alter, modify, delete, or otherwise interfere with or in any manner compromise any Content or features accessible through The Edu Network, including, the forms, Content delivery, and display functionality of The Edu Network website;
you will cooperate with The Edu Network and provide the information requested by The Edu Network to assist The Edu Network and any Governmental or Regulatory Authorities in investigating or determining whether there has been a breach of this Agreement or Applicable Law; and
you will comply with the terms and conditions of any agreements entered into between you and any third party (including The Edu Network Partners, the service providers for any Internet services you use in conjunction with The Edu Network, and the hardware providers for any mobile device or other computing equipment through which you use The Edu Network website, and to the extent that such agreements impose additional restrictions respecting your use of The Edu Network (whether by reason of usage limitations or otherwise), you will use The Edu Network in compliance with such restrictions.
Clause 9. Restrictions and Limitations on Your Use of The Edu Network.
Access to Programs
You acknowledge that only certain The Edu Network Partners have agreements with The Edu Network to enable them to make an Application to such The Edu Network Partners through The Edu Network and that not all educational study programs of such The Edu Network Partners may be offered as being Programs available to you using The Edu Network.
Usage Policies
The Edu Network will be subject to the usage policies as provided to you by The Edu Network from time to time, including in electronic form by posting on The Edu Network’s website. Such policies may include limitations on data storage space, and equipment and/or software requirements. You are solely responsible for compliance with such policies.
Equipment
You are solely responsible for the selection, implementation, installation, maintenance, and performance of any and all equipment, software, and services used in conjunction with using The Edu Network (except for The Edu Network’s computer systems and networks), including your choice and use of your Internet Service Provider.
Data Integrity and Back-up
You acknowledge and agree that The Edu Network cannot guarantee data integrity and that it is solely your responsibility to back up any of The Data that you use in conjunction with The Edu Network.
Not for Time-Sensitive Applications
The Edu Network is not developed or licensed for use in any inherently dangerous, time-sensitive, or mission-critical manner.
Restrictions on The Edu Network Website Use
You will not:
copy, reproduce, modify, enhance, improve, alter, reverse engineer, disassemble, deconstruct, translate, decrypt, reverse compile or convert into human-readable form The Edu Network, or any part thereof;
distribute, assign, license, sublicense, lease, rent, transfer, sell or otherwise provide access to The Edu Network, in whole or in part, to any third party on a temporary or permanent basis;
remove, deface, cover, or otherwise obscure any proprietary rights notice or identification on the Content (including without limitation any copyright notice);
use the website in any way inconsistent with the use parameters for The Edu Network,
attempt to hack The Edu Network or any communication initiated by or made through The Edu Network website or to defeat or overcome any encryption or other technical protection methods implemented with respect to The Edu Network, data or Content or programming transmitted, processed, or stored by The Edu Network or other users of The Edu Network.
collect any information or communication about the users of The Edu Network, by monitoring, interdicting, or intercepting any process of or communication initiated by The Edu Network website or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing;
use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, packet-sniffer, Trojan-horse routing, trap door, time bomb, or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access to The Edu Network website or any computer system or that are designed to monitor, distort, delete, damage or disassemble The Edu Network website or its ability to communicate and perform the Services; or
authorize, permit or otherwise acquiesce in any other party engaging in any of the activities set forth in this Clause 8, or attempting to do so.
Clause 10: Changes to Terms and Conditions; Changes to The Edu Network Web; Right to Edit and Remove Your Data; Suspension or Termination
Changes to Terms and Conditions
The Edu Network reserves the right to change these Terms and Conditions at any time without notice. Your continued access to or use of The Edu Network after any changes to these Terms and Conditions indicates your acceptance of such changes. It is your responsibility to review these Terms and Conditions regularly.
Changes to The Edu Network, website.
The Edu Network reserves the right to change, suspend or discontinue The Edu Network web content at any time, including the availability of any Content at any time, and from time to time, without notice offered by The Edu Network.
Right to Edit and Remove Your Data
Notwithstanding anything to the contrary herein, The Edu Network reserves the right to review Your Data stored in files or programs on The Edu Network’s servers to verify your compliance with this Agreement. The Edu Network has the right to edit or remove any of Your Data that, in The Edu Network’s sole discretion, The Edu Network believes may be unlawful, obscene, abusive, or otherwise objectionable.
Suspension or Termination
The Edu Network may impose limits on or terminate or restrict your access to parts or all of The Edu Network without liability. Where feasible, The Edu Network will provide you with advance notice of such changes, limitations, or discontinuance; however, you acknowledge that such notice may not be feasible in all circumstances and that The Edu Network will have no liability whatsoever for its failure to provide such notice to you.
The Edu Network reserves the right to revoke your access to The Edu Network website for any abusive conduct or fraudulent use of The Edu Network web and to cease The Edu Network website temporarily or permanently, if your use of The Edu Network constitutes, in The Edu Network’s sole discretion, a threat to The Edu Network or any third party’s computer systems, networks, files, materials or other data, or a breach of this Agreement.
Without limiting other remedies, The Edu Network may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate your account, and refuse to provide The Edu Network to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) The Edu Network is unable to verify or authenticate any information you provide; or (c) The Edu Network believes that your actions may cause financial loss or legal liability for you, The Edu Network Partners, other users or The Edu Network. The above-described actions are not The Edu Network’s exclusive remedies and The Edu Network may take any other legal, equitable or technical action it deems appropriate in the circumstances. The Edu Network will not have any liability to you or any third party in relation to the termination of this Agreement for any reason whatsoever.
Investigations
The Edu Network reserves the right to investigate suspected violations of this Agreement.
You will cooperate with: (A) Governmental or Regulatory Authorities in the investigation of suspected criminal violations; (B) The Edu Network Partners investigating academic fraud or other misdemeanors, relating to your Application or otherwise; and (C) system administrators at Internet service providers, networks or computing facilities, and other content providers, in order to enable The Edu Network to enforce the terms and conditions of this Agreement.
Clause 11: Your Obligation to Report Errors
You will promptly and accurately report to The Edu Network any actual or apparent errors, problems, nonconformities, or other difficulties with The Edu Network, along with any other information reasonably requested by The Edu Network to aid in resolving such errors, problems, nonconformities, or other difficulties, and hereby consent to the collection, processing, transmission and disclosure of such information by The Edu Network for the purposes of The Edu Network’s internal use to improve The Edu Network or other The Edu Network products or services.
Clause 12: Submissions
Any suggestions, bug reports, or other communications respecting the functionality of The Edu Network or The Edu Network’s website that you transmit to The Edu Network by any means (each, a “Submission”), is considered non-confidential and may be disseminated or used by The Edu Network or any third party without compensation or liability to you for any purpose whatsoever, whether for inclusion as part of The Edu Network or otherwise.
You hereby grant The Edu Network, its affiliates, and successors a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, distribute, transmit, modify, develop, prepare derivative works of any Submission on, through, or in connection with the Service, including for promoting, improving and developing The Edu Network. This provision does not apply to Personal Information that is subject to The Edu Network’s Privacy Policy.
Clause 13. Fees, Payment, and Taxes
Fees
You will pay all applicable fees in connection with The Edu Network, as set forth in The Edu Network’s standard price list, as set forth on The Edu Network’s website or as otherwise provided to you. Fees are quoted and payable in Canadian $ for Canadian-related Applications and U.S.$ U.S.-related Applications.
The Edu Network may require you to pay an Application processing deposit depending on the country from which you are applying, other characteristics applicable to applicants, and the related likelihood of an Application being successful due to Governmental or Regulatory Authority visa approvals. The details regarding the Application processing deposit and countries to which it will apply may be viewed on The Edu Network website and may be changed by The Edu Network from time to time. The situations where an Application processing deposit is refundable and situations where an Application processing deposit will NOT be returned to you are set out on The Edu Network Website. THE SITUATIONS WHERE AN APPLICATION PROCESSING DEPOSIT WILL NOT BE RETURNED TO YOU INCLUDE THE FOLLOWING SITUATIONS, IF: (A) YOU FAIL TO PROVIDE THE REQUIRED DOCUMENTS TO PROCESS THE APPLICATION; (B) YOUR VISA APPLICATION IS REJECTED, OR (C) YOU CANCEL YOUR APPLICATION BEFORE AN ADMISSION DECISION IS RECEIVED.
Certain fees charged by The Edu Network under this Agreement are set by The Edu Network Partners or other third parties, and The Edu Network has no control over the fee amount, but simply remits such fee directly to the applicable The Edu Network Partner or third party, and that payment obligations are therefore non-cancellable and fees paid are non-refundable.
The Edu Network reserves the right to modify such fees, upon reasonable notice, which may be performed by updating The Edu Network’s standard price list, as set forth on The Edu Network’s website.
Your use of The Edu Network policies following such changes constitutes your acceptance of any new or increased charges.
Fee Payment
Where you pay fees by means of a credit card, you authorize The Edu Network or its third-party payment processor to automatically charge you for any and all fees incurred by you for The Edu Network. If your credit card is rejected for any reason, you will be responsible for any fees and charges associated with such rejection.
The foregoing will not limit The Edu Network’s ability to exercise any rights available to it in law or equity respecting the collection of any amounts payable hereunder, and you will also be responsible for paying for all reasonable fees and costs incurred by The Edu Network, including legal fees, in collecting any overdue amounts or enforcing any provision of this Agreement.
Without limiting the foregoing, The Edu Network reserves the right not to process any Application or portion thereof prior to obtaining full payment of fees from you.
Interest on Late Payments
In addition to any other rights and remedies available to The Edu Network, The Edu Network will be entitled to charge interest on all outstanding amounts at the lesser of 1.5% per month or the maximum rate permitted by Applicable Law, such interest commencing as of the due date for such payment.
Taxes
You are responsible for and will pay all taxes relating to this Agreement, excluding any taxes based on the net income of The Edu Network. Unless otherwise indicated, all amounts payable by you under this Agreement are exclusive of any tax, duty, levy, or similar government charge that may be assessed by any jurisdiction, whether based on gross revenue, the delivery, possession, or use of The Edu Network, the execution of this Agreement or otherwise.
If you are required to withhold any taxes from payments owed under this Agreement, the amount of payment due will automatically be increased to offset such tax, so that the amount actually remitted to The Edu Network will equal the amount due.
You will promptly furnish The Edu Network with copies of all official receipts evidencing payment of taxes due under or in relation to this Agreement to the appropriate taxing authority.
Clause 14: Refund Policy
The refund policy of the colleges would be strictly in accordance with the college/institute/university norms where the applicant/student seeks admission. The Edu Network provides a platform that felicitates the students to explore the options where he/she intend to study. The student is required to choose and decide his/her course, after due diligence in all fields related to the institute and the program he/she chose to enroll.
Disclaimer on the refund. The Edu Network in no way is legally bound to refund any payment or the fee charged by the university or the institute/college. The student is duty-bound to go through the policies of the refund on the official website of the institute he chooses to study or clarify himself by emailing the said educational institute on the issue if no such clarity is available on the website.
Clause 15: Confidential Information
You must keep the terms of this Agreement and all information provided by The Edu Network confidential, except to the extent required to perform the Recruitment Services.
You acknowledge that, during the course of the term of this Agreement, you may be exposed to Confidential Information.
At all times during the Term and at all times following termination of this Agreement, whether voluntary or involuntary:
you will maintain all Confidential Information in strict confidence, will take all necessary precautions against unauthorized disclosure of the Confidential Information, and will not directly or indirectly, disclose, allow access to, transmit, or transfer any Confidential Information to a third party without the knowledge and express written consent of The Edu Network;
you will not use, disclose or reproduce the Confidential Information except as reasonably required in the receipt of the Services and with the knowledge and express written consent of The Edu Network; and
you will advise The Edu Network immediately in writing of any misappropriation, disclosure, conversion, or misuse by any person of any Confidential Information of which you may become aware.
Subject to The Edu Network’s ability to disclose Your Data as permitted under this Agreement, The Edu Network will use reasonable commercial endeavors to safeguard Your Data and keep it confidential, while Your Data is in The Edu Network’s control, including implementing organizational and technical measures to protect your Personal Information. The Edu Network may also retain and disclose Your Data to (i) Governmental or Regulatory Authorities to the extent required by Applicable Law: (ii) its professional advisors to the extent required to (A) enable The Edu Network to fulfill its obligations pursuant to Applicable Law; or (B) defend or bring a claim relating to a breach of this Agreement.
The nondisclosure obligations under this Agreement will not apply to information which a Party can establish:
Is, or becomes, readily available to the public other than through a breach of this Agreement;
was disclosed, lawfully and without breach of any contractual or other legal obligation, to a Party by a third party without any confidentiality obligation attached to such information;
was lawfully known to a Party without any confidentiality obligation prior to receipt of the information; or
was independently developed or discovered by a Party outside of the course of such Party’s performance of their obligations under this Agreement, without any reference to any Confidential Information obtained directly or indirectly from the disclosing Party.
You will immediately return to The Edu Network all Confidential Information which is in your possession or control upon the earlier of a request by The Edu Network or the termination of this Agreement (whether voluntary or involuntary).
Damages may not be an adequate remedy to compensate The Edu Network for any breach of your obligations contained herein, and accordingly, you agree that in addition to any and all other remedies available, The Edu Network will be entitled to obtain relief by way of a temporary or permanent injunction to enforce your obligations.
Clause 16: Intellectual Property
The Edu Network website is owned by The Edu Network or its third-party licensors, who retain all rights, title,s and interests therein. The Edu Network is protected by Canadian, the U.S., and international copyright laws. In addition, other intellectual property laws (including patent laws) and treaties may protect The Edu Network. You do not acquire any intellectual property or other proprietary rights under this Agreement, including any right, title, or interest in and to patents, copyrights, trade-marks, industrial designs, confidential information, or trade secrets, whether registered or unregistered, relating to The Edu Network, or any part thereof. Any rights not expressly granted under this Agreement are reserved to The Edu Network or its third-party licensors.
Clause 17: Term and Termination
This Agreement will commence upon your acceptance of these Terms and Conditions on The Edu Network website.
This Agreement may be terminated by either Party for any reason, without cause, upon 30 days written notice addressed to the other Party.
This Agreement may be terminated by The Edu Network immediately upon notice for cause if:
you commit a material breach of this Agreement and fail to rectify the breach within 30 calendar days of The Edu Network delivering notice of the breach; or
you commit a breach of any of your representations in this Agreement; or if The Edu Network is prevented from providing any portion or all of The Edu Network due to: (A) your acts or omissions in breach of this Agreement; (B) acts or omissions of any third party (including any The Edu Network Partner); or (C) any Applicable Law or ruling issued in any form whatsoever by a Governmental or Regulatory Authority.
Clause 18: Effect of Termination or Expiry
Upon any termination or expiry of this Agreement for any reason (whether by you or by The Edu Network), you must cease all use of The Edu Network.
Termination or expiry of this Agreement, for any reason, will not affect your payment obligation for any fees accrued hereunder or payments owing prior to the effective date of termination or expiry.
The termination of this Agreement by either Party does not affect any accrued rights or remedies of either Party.
Any provision of this Agreement which expressly states that it is to continue in effect after termination or expiration of this Agreement, or which by its nature would survive the termination or expiration of this Agreement, including this Clause 16, will do so.
Clause 19: Disclaimers
DISCLAIMER OF IMPLIED WARRANTIES
THE EDU NETWORK, INCLUDING FOR GREATER CERTAINTY, THE CONTENT, REFERENCES, LINKS, AND INFORMATION IN THE CONTENT, IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
YOUR RELIANCE ON CONTENT
THE EDU NETWORK HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU, AND YOU ACKNOWLEDGE THAT THE EDU NETWORK HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING ANY ACTS OR OMISSIONS TAKEN BY YOU OR ANY OTHER USER OF THE EDU NETWORK, INCLUDING HOW YOU OR ANY OTHER USER MAY INTERPRET OR USE CONTENT ACCESSED OR DEVELOPED THROUGH THE EDU NETWORK, OR WHAT ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO CONTENT OBTAINED THROUGH THE EDU NETWORK.
THE CONTENT ON THE EDU NETWORK INCLUDES REFERENCES TO THIRD PARTIES, INCLUDING THE EDU NETWORK PARTNERS, LINKS TO THIRD-PARTY WEBSITES OR DOCUMENTS, AND INCORPORATES INFORMATION OBTAINED FROM THIRD PARTIES, INCLUDING THE EDU NETWORK PARTNERS. CONTENT MAY ALSO BE CREATED BY THE EDU NETWORK BASED ON SUCH THIRD-PARTY INFORMATION, WHICH MAY CHANGE FROM TIME TO TIME WITHOUT NOTICE TO THE EDU NETWORK.
THE EDU NETWORK MAY PROVIDE LINKS TO THIRD-PARTY WEBSITES, INCLUDING, WITHOUT LIMITATION, THOSE OF EDUCATIONAL INSTITUTIONS. THESE LINKS ARE PROVIDED SOLELY FOR YOUR CONVENIENCE AND FOR THE CONVENIENCE OF OTHER USERS OF THE EDU NETWORK. WE DO NOT ENDORSE THE INFORMATION, PRODUCTS, OR SERVICES DESCRIBED ON THOSE WEBSITES OR GUARANTEE THEIR QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PURPOSE. THE CONTENT IN ANY LINKED WEBSITE IS NOT UNDER OUR CONTROL AND DOES NOT FORM PART OF THE EDU NETWORK, AND IF YOU CHOOSE TO ACCESS ANY SUCH WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
THE EDU NETWORK ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, INACCURACIES, EFFECTIVENESS, STANDARDS COMPLIANCE, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY, OR ANY OTHER ASPECT OF THE CONTENT PROVIDED THROUGH THE EDU NETWORK.
UNDER NO CIRCUMSTANCES WILL THE EDU NETWORK BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT OBTAINED THROUGH THE USE OF THE EDU NETWORK, INCLUDING ANY THIRD PARTY LINKED SITE (INCLUDING ANY OPINIONS, STATEMENTS, OR ADVICE).
IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ANY CONTENT PROVIDED, AND USE OF THE EDU NETWORK IS SOLELY AT YOUR OWN RISK.
THE EDU NETWORK WILL HAVE NO LIABILITY WHATSOEVER RESPECTING ANY CLAIM BY YOU OR ANY THIRD PARTY WHOSE CONTENT IS COLLECTED IN YOUR USE OF THE EDU NETWORK, WHETHER RELATED TO PRIVACY OR OTHERWISE, IN RELATION TO THE EDU NETWORK’S USE OF YOUR DATA TO PROVIDE THE EDU NETWORK.
Control of Third Parties
The Edu Network has no control over The Edu Network Partners or any other entity granting visas, admissions, permits, or other authorizations in connection with the Application; you acknowledge that the success of your Application is solely within the control of such third parties, not The Edu Network, and therefore release The Edu Network from all liability in relation to your application.
Rejection of Applications
The Edu Network is not responsible in any way for your Application, mistakes in Your Data, or your failure to obtain entrance to your selected Program(s) or The Edu Network Partner(s).
Issues with The Edu Network Partners
All issues respecting Applications, Programs, and your failure to comply with The Edu Network Partner policies, are sole as between you and the applicable The Edu Network Partner, and The Edu Network bears no responsibility or liability in relation to such matters.
Inability to Access Country
You are solely responsible for fulfilling any entry requirements necessary to gain admission into the country where your Program is located in compliance with Applicable Law and any requirements of Governmental or Regulatory Authorities.
Service Providers
Although The Edu Network has made reasonable efforts to verify that its agreements with its service providers are reasonably protective of Your Data, you acknowledge that The Edu Network has no liability for any acts or omissions of third parties in relation to such servers and the data stored on them. You therefore hereby release The Edu Network from all liability for any governmental or third party action taken in such jurisdictions with respect to such information and data or the servers on which Your Data resides, and you acknowledge that you retain sole responsibility to back up and retain copies of such information and data.
Unauthorized use of Access Information
The Edu Network is not responsible or liable in any way for any use of The Edu Network (authorized or unauthorized) by any third party accessing The Edu Network using your Access Information, and you accept all responsibility for such use of The Edu Network and any consequences resulting from such use of The Edu Network.
Use for Time-Sensitive Applications
You agree that The Edu Network will not be liable for any claims or damages arising from such use if you use The Edu Network for a time-sensitive use.
Availability of The Edu Network
THE EDU NETWORK WILL HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY PARTY CLAIMING BY OR THROUGH YOU FOR THE TIMELINESS OR CONTINUED AVAILABILITY OF THE EDU NETWORK.
Applicable Law
Some jurisdictions do not allow the exclusion of certain warranties or liability, so the above limitations or exclusions may not apply to you.
Viruses
The downloading and viewing of Content is done at your own risk. The Edu Network cannot and does not guarantee or warrant that The Edu Network or the Content is compatible with your computer system or that The Edu Network, or any links from The Edu Network or the Content, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs, or connections of and to your computer system that may be necessary as a result of your use of The Edu Network.
Communications Not Confidential or Secure
The Edu Network does not guarantee the confidentiality of any communications made by you through the Edu Network, over the internet, or over the telephone. Although The Edu Network generally adheres to the accepted industry practices in securing the transmission of data to, from, and through The Edu Network, you understand, agree, and acknowledge that The Edu Network cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of The Edu Network.
Clause 20: THE EDU NETWORK SCHOLARSHIPS
The Edu Network scholarships are known as “THE EDU NETWORK SCHOLARSHIPS”
At The Edu Network, we have scholarships worth 5 Million Euros awaiting deserving candidates who are academically bright students, in the quest for a well-shaped bright career, preferring quality education at good institutes/colleges/ universities worldwide
The process to obtain a scholarship is at The Edu Network is very simple, good academic background students aspiring to study abroad can get it done via a few steps to be followed such as
Registration with The Edu Network
Explore from thousands of courses available the one which they intend to study.
Apply to the chosen program in the institute of their own choice.
Submission of the documents pertaining to previous studies showing their academic excellence and a statement of purpose a letter establishing their eligibility and winning ability and motivational aspiration.
The students who meet the criteria of scholarships laid down which may not be static but variable shall also have to establish their academic excellence and overall performance in their enrolled courses.
The policy of The Edu Network scholarships shall be assessed from time to time, varying upon the number of the acceptance letter of students.
The scholarship of the student shall vary from country to country, institution to institution, and the course he/she chooses to study.
The Edu Network scholarship shall vary from 1000/- to 5000/- and shall be paid in value denomination of the fee paid. To be precise if the fee is paid in Pounds, Euros, CAD$, U.S.$, AU$, NZ$, the scholarship shall be remitted in the same currency.
It is a condition precedent that the scholarships shall be remitted to the eligible students in the 2nd semester only if the student joins one year study program and in the second year if the student chooses it to be a two-year study program.
Clause 21: Your Indemnities
You will indemnify, defend and hold harmless The Edu Network, and all of its officers, directors, employees, and agents, its parent company, subsidiaries, and affiliates, 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 reasonable legal and accounting fees, directly or indirectly due to, arising out of or in connection with:
your access to The Edu Network, and any reliance on any Content obtained by you through The Edu Network; or
your unauthorized use or misuse of The Edu Network; or
your breach of this Agreement; or
The infringement, violation, or misappropriation by you, or any third-party obtaining access to The Edu Network through your Access Information, of any intellectual property or other rights of any third person or entity; or
Clause 22: Limitation of Liability
Clause 23: General
Except as otherwise provided herein, the Parties' rights and remedies under this Agreement are cumulative. The terms “include” and “including” mean, respectively, “include without limitation” and “including without limitation.” The headings of sections of this Agreement are for reference purposes only and have no substantive effect. Any rule of construction to the effect that any ambiguity in this Agreement will be resolved against the drafting party will not be applied to the interpretation of this Agreement.
Neither Party will be liable for delays caused by any event beyond its reasonable control, except non-payment of amounts due under this Agreement will not be excused by this provision.
Nothing contained in this Agreement will be construed to create or imply a joint venture, partnership, principal-agent, or employment relationship between the Parties. Except as expressly authorized by The Edu Network in writing, you will neither act nor purport to be acting as the legal agent of The Edu Network nor enter into any agreement on behalf of The Edu Network or otherwise bind or purport to bind The Edu Network in any manner whatsoever.
Any notices, reports, or other communications required or permitted to be given under this Agreement will be in writing, including email, and will be sufficient if delivered by hand or sent by registered mail, courier or facsimile addressed to you or The Edu Network at the respective addresses as advised in writing. Any such notices, reports, or other communications will be deemed to have been received by the Party to whom they were addressed: (i) upon delivery by hand, (ii) five business days after being sent by registered mail, (iii) upon delivery by courier, as evidenced by the courier receipt, (iv) upon successful receipt confirmation report after being sent by facsimile; or (v) if sent by email, upon receipt by the sender of a delivery receipt confirmation.
No waiver by either Party of a breach or omission by the other party under this Agreement will be binding on the waiving Party unless it is expressly made in writing and signed by the waiving Party. Any waiver by a Party of a particular breach or omission by the other Party will not affect or impair the rights of the waiving party in respect of any subsequent breach or omission of the same or different kind.
If anyone or more of the provisions of this Agreement will for any reason be held to be invalid, illegal, or unenforceable in any respect, any such provision will be severable from this Agreement, in which event this Agreement will be construed as if such provision had never been contained herein.
This Agreement will be governed by and construed under the laws of Bulgaria (European Union). The Parties hereby waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to this Agreement. In construing, interpreting, and enforcing this Agreement, choice of law principles will not apply. The Edu Network is intended for use only in jurisdictions where they may be lawfully offered for use.
This Agreement constitutes the entire agreement between the Parties and supersedes all previous agreements and understandings relating to the subject matter hereof.
You acknowledge and agree that by clicking on the “I AGREE” button (or similar buttons or links as may be designated by The Edu Network to show your acceptance of this Agreement and/or your agreement to use The Edu Network), you are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies, and records of transactions initiated or completed through The Edu Network, including the Application. Furthermore, you hereby waive any rights or requirements under any Applicable Laws in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under Applicable Law. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
It is the express will of the Parties that this Agreement and all related documents have been drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
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