TERMS & CONDITIONS

These terms & conditions (the “terms & conditions”), including the privacy policy and other documents referred below (the “agreement”) is a legal agreement between you (hereinafter, “you” or “your”) and apply2study in reference to your use of the services provided by apply2study and as described herein.

You denote your acceptance by clicking on the appropriate button when signing up for the services or by using the services you are agreeing to the terms of this agreement. If you do not accept and agree to be bound by the agreement do not access or use the apply2study services.

If you have any questions or concerns about the terms of this agreement, you may contact us at contact@apply2study.com

1. Services: apply2study’s services described in this paragraph (together referred to as the “services”) are mentioned below:
   • Apply2study, to assist you to become a student at its partner institutions anywhere in the world, will provide you with access to certain information, material or content (including, pricing, features, promotion and information of third parties) contained on or provided through its website
   • Apply2study may provide you with the ability to input your data into its website; and
   • Apply2study will act as an intermediary and will facilitate your application by passing your data: which you provided to apply2study, your “application” and other fee to its partners; and will provide you guidance and advice associated with your application 
2. License to use the apply2study web enabled services Subject to the terms and conditions in this agreement apply2study may grant you a personal, non-exclusive, revocable, non-transferable license to access its web enabled services solely for the purposes of using the services stipulated, view the content, and submit an application to apply2study.
3. Your access information Apply2study may provide you with 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 apply2study website using the access information.
4. Your representations and warranties: your agreement, represent and merits 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 only use the apply2study services in accordance with this agreement
   • You will comply with intellectual property laws in your use of the apply2study services and not infringe, violate, or misappropriate the intellectual property rights of any apply2study partners
   • You will comply with any apply2study partner policies and procedures applicable to your application.
   • Your data is true, accurate, current, and complete, and if it becomes inaccurate, that you will promptly notify apply2study and update your data.
   • You will not use the apply2study to provide commercial services to, or for the benefit of, any third party
   • You will ensure that your use of the apply2study does not interfere with, degrade, or adversely affect any software, system, network or data used by any person including apply2study and other users of the apply2study services
   • You will not in any way use the apply2study services to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortious acts
5. Restrictions and limitations on your use of the apply2study services
   • Access to programs: you acknowledge that only certain apply2study partners have agreements with apply2study to enable you to make an application to such apply2study partners through the apply2study web enabled services, and that not all educational study programs of such apply2study partners may be offered as being programs available to you.
   • Usage policies: the services will be subject to the usage policies as provided to you by apply2study from time to time, including in electronic form by posting on apply2study’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 apply2study including your choice and use of your internet service provider.
   • Data integrity and back-up: you acknowledge and agree that apply2study cannot guarantee data integrity, and that it is solely your responsibility to back-up any of your data that you use in conjunction with the apply2study services.
   • Restrictions on apply2study website use: you will not:
     • Access to programs: you acknowledge that only certain apply2study partners have agreements with apply2study to enable you to make an application to such apply2study partners through the apply2study web enabled services, and that not all educational study programs of such apply2study partners may be offered as being programs available to you.
     • Usage policies: the services will be subject to the usage policies as provided to you by apply2study from time to time, including in electronic form by posting on apply2study’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 apply2study including your choice and use of your internet service provider.
     • Data integrity and back-up: you acknowledge and agree that apply2study cannot guarantee data integrity, and that it is solely your responsibility to back-up any of your data that you use in conjunction with the apply2study services.
     • Restrictions on apply2study website use: you will not:
6. Changes to terms and conditions; changes to apply2study services; right to edit and remove your data; suspension or termination
   • Changes to the apply2study services: apply2study reserves the right to change, suspend or discontinue the apply2study services at any time, including the availability of any content at any time, and from time to time, without notice offered by apply2study.
   • Right to edit and remove your data: notwithstanding anything to the contrary herein, apply2study reserves the right to review your data stored in files or programs on apply2study’s servers to verify your compliance with this agreement. Apply2study has the right to edit or remove any of your data that, in apply2study’s sole discretion, apply2study believes may be unlawful, obscene, abusive, or otherwise objectionable.
   • Suspension or termination
     • Apply2study may impose limits on the services or terminate or restrict your access to parts or all the apply2study services without liability. Where feasible, apply2study 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 apply2study will have no liability whatsoever for its failure to provide such notice to you.
     • Apply2study reserves the right to revoke your access to the apply2study services for any abusive conduct or fraudulent use of the apply2study and to cease the services temporarily or permanently, if your use of the apply2study services constitutes, in apply2study’s sole discretion, a threat to apply2study or any third party’s computer systems, networks, files, materials or other data, or a breach of this agreement.
     • Without limiting other remedies, apply2study may limit your activity, issue a warning, temporarily suspend, indefinitely suspend, or terminate your account and refuse to provide services to you if:
       • You breach this agreement or the documents it incorporates by reference
       • Apply2study is unable to verify or authenticate any information you provide; or
       • Apply2study believes that your actions may cause financial loss or legal liability for you, apply2study partners, other users or apply2study. The above-described actions are not apply2study’s exclusive remedies and apply2study may take any other legal, equitable or technical action it deems appropriate in the circumstances. Apply2study will not have any liability to you or any third party in relation to the termination of this agreement for any reason whatsoever.
   • Investigations
     • Apply2study 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) apply2study partners investigating academic fraud or other misdemeanours, relating to your application or otherwise; and (c) system administrators at internet service providers, networks or computing facilities, and other content providers, to enable apply2study to enforce the terms and conditions of this agreement.
7. Your obligation to report errors: you will promptly and accurately report to apply2study any actual or apparent errors, problems, nonconformities or other difficulties with the apply2study services, along with any other information reasonably requested by apply2study 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 apply2study for the purposes of apply2study’s internal use to improve the apply2study services or other apply2study products or services.
8. Submissions
   • Any suggestions, bug reports or other communications respecting the functionality of the apply2study services or apply2study’s website that you transmit to apply2study by any means (each, a “submission”), are considered non-confidential and may be disseminated or used by apply2study or any third party without compensation or liability to you for any purpose whatsoever, whether for inclusion as part of the apply2study services or otherwise.
   • You hereby grant apply2study, 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 apply2study services. This provision does not apply to personal information that is subject to apply2study’s privacy policy.
9. Confidential information
   • You must keep the terms of this agreement and all information provided by apply2study confidential, except to the extent required to perform the recruitment services.
   • You acknowledge that, during the term of this agreement, you may be exposed to confidential information.
   • At all times during the term and always 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 apply2study
   • 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 apply2study; and
   • You will advise apply2study 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 apply2study’s ability to disclose your data as permitted under this agreement, apply2study will use reasonable commercial endeavours to safeguard your data and keep it confidential, while your data is in apply2study’s control, including implementing organisational and technical measures to protect your personal information. Apply2study 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 apply2study to fulfil 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 apply2study all confidential information which is in your possession or control upon the earlier of a request by apply2study or the termination of this agreement (whether voluntary or involuntary).
   • damages may not be an adequate remedy to compensate apply2study for any breach of your obligations contained herein, and accordingly you agree that in addition to any and all other remedies available, apply2study will be entitled to obtain relief by way of a temporary or permanent injunction to enforce your obligations.
10. Intellectual property

    • The apply2study services is owned by apply2study or its third-party licensors, who retain all right, title and interest therein. The apply2study services is protected by international copyright laws. In addition, other intellectual property laws (including patent laws) and treaties may protect the apply2study services. 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, trademarks, industrial designs, confidential information, or trade secrets, whether registered or unregistered, relating to the apply2study services, or any part thereof. Any rights not expressly granted under this agreement are reserved to apply2study or its third-party licensors.

11. Term and termination
    • This agreement will commence upon your acceptance of these terms and conditions on the apply2study 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 apply2study 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 apply2study delivering notice of the breach: or
      • you commit a breach of any of your representations in this agreement; or
12. Effect of termination or expiry
    • upon any termination or expiry of this agreement for any reason (whether by you or by apply2study), you must cease all use of the apply2study services.
    • 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 paragraph 16, will do so.
13. Disclaimers
    • Disclaimer of implied warranties: The apply2study services, including for greater certainty, the content, and 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
      • Apply2study has no special relationship with or fiduciary duty to you, and you acknowledge that apply2study 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 apply2study services, including how you or any other user may interpret or use content accessed or developed through the apply2study services, or what actions you may take as a result of having been exposed to content obtained through the apply2study services.
      • The content on the apply2study website may include references to third parties, including the apply2study partners, links to third party websites or documents, and incorporates information obtained from third parties, including apply2study partners. Content may also be created by apply2study based on such third-party information, which may change from time to time without notice to apply2study.
      • Apply2study 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 apply2study services.
      • Under no circumstances will apply2study be liable for any loss or damage caused by your reliance on content obtained through use of the apply2study services, 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 apply2study services is solely at your own risk.
      • Apply2study will have no liability whatsoever respecting any claim by you or any third party whose content is collected in your use of the apply2study services, whether related to privacy or otherwise, in relation to apply2study’s use of your data to provide the apply2study services.
    • Control of third parties Apply2study has no control over apply2study 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 apply2study, and therefore release apply2study from all liability in relation to your application.
    • Rejection of applications Apply2study 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 apply2study partner(s).
    • issues with apply2study partners All issues respecting applications, programs, and your failure to comply with apply2study partner policies, are solely as between you and the applicable apply2study partner, and apply2study 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 in compliance with applicable law and any requirements of governmental or regulatory authorities.
    • Service providers Although apply2study has made reasonable efforts to verify that its agreements with its service providers are reasonably protective of your data, you acknowledge that apply2study 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 apply2study 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 Apply2study is not responsible or liable in any way for any use of the apply2study services (authorized or unauthorized) by any third party accessing the apply2study services using your access information, and you accept all responsibility for such use of the apply2study services and any consequences resulting from such use of the apply2study services.
    • Use for time sensitive applications You agree that apply2study will not be liable for any claims or damages arising from such use if you use the apply2study services for a time sensitive use.
    • Availability of the apply2study services Apply2study will have no liability whatsoever to you or any party claiming by or through you for the timeliness or continued availability of the apply2study services.
    • 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. Apply2study cannot and does not guarantee or warrant that the apply2study services or the content are compatible with your computer system or that the apply2study services, or any links from the apply2study services 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 your 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 apply2study services
    • Communications not confidential or secure Apply2study does not guarantee the confidentiality of any communications made by your through the apply2study services, over the internet or over the telephone. Although apply2study generally adheres to the accepted industry practices in securing the transmission of data to, from and through the apply2study services, you understand, agree, and acknowledge that apply2study cannot and does not guarantee the security of data transmitted over the internet or public networks in connection with your use of the apply2study services.
14. Your indemnities: You will indemnify, defend, and hold harmless apply2study, 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 apply2study services, and any reliance on any content obtained by you through the apply2study services; or
    • Your unauthorized use or misuse of the apply2study services; or
    • your breach of this agreement; or
    • The infringement, violation or misappropriation by you, or any third-party obtaining access to the apply2study services through your access information, of any intellectual property or other right of any third person or entity; or
15. Limitation of liability
    • To the maximum extent permitted under applicable law, in no event will apply2study be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any indirect, incidental, consequential, special, exemplary or punitive damages, lost profits, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities, whether or not apply2study is advised of the possibility of such damages, resulting from or related to the use of, or the inability to make use of, the apply2study services.
    • To the maximum extent permitted under applicable law, in no event will the total aggregate liability of apply2study in connection with or under this agreement or your use of, or inability to make use of, the apply2study services, or for any other claim related in any way to your use of, or inability to make use of, the apply2study services exceed the sum of €100. For greater certainty, the existence of one or more claims under this agreement will not increase the maximum liability amount.
    • Nothing in this agreement limits apply2study’s liability for fraud, personal injury or death to the extent found to be caused by apply2study’s negligence or wilful misconduct.
    • The limitations in this paragraph reflect the allocation of risk between the parties. The limitations specified in this paragraph will survive and apply even if any limited remedy specified in this agreement is found to have failed of its essential purpose.
    • Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitations or exclusions may not apply to you.
16. General
    • Construction 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 paragraphs 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.
    • Force majeure 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.
    • Contracting status 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 apply2study in writing, you will neither act nor purport to be acting as the legal agent of apply2study, nor enter into any agreement on behalf of apply2study or otherwise bind or purport to bind apply2study in any manner whatsoever.
    • Notices 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 apply2study 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 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.
    • Severability If any one 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.
    • Governing law
      • This agreement will be governed by and construed under the laws of Portugal. 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 apply2study services are intended for use only in jurisdictions where they may be lawfully offered for use.
      • Except as restricted by applicable law, agent hereby consents to the exclusive jurisdiction and venue of courts in Lisbon, Portugal in all disputes arising out of or relating to the use of the apply2study services.
    • Entire agreement/modification This agreement constitutes the entire agreement between the parties and supersedes all previous agreements and understandings relating to the subject matter hereof. This agreement may not be altered, amended, or modified except by a written instrument signed by the duly authorized representatives of both parties.
    • Electronic agreement You acknowledge and agree that by clicking on the “I agree” button (or similar buttons or links as may be designated by apply2study to show your acceptance of this agreement and/or your agreement to use the apply2study services), you are entering into a legally binding contract. You hereby agree to the use of electronic communication 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 apply2study services, 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.
    • English language It is the express will of the parties that this agreement and all related documents have been drawn up in English
17. Contact us: Any questions regarding this agreement, or any questions, complaints, claims or other legal concerns relating to apply2study or its business, should be directed to apply2study at contact@apply2study.com