Last Updated: February 1, 2019
1. ACCEPTANCE, CHANGES, & ELECTRONIC COMMUNICATIONS
By visiting or accessing the Site or using the Services, whether you directly access the Site and Services or you do so through alternative means (including for example, email, telephone, mail or other manner) you agree to be bound by this Agreement.
Please read these Terms carefully, as these Terms form a binding legal agreement between you and us. By accessing the Site or registering for or using the Services, you agree to these Terms in their entirety.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE OR SERVICES. YOUR USE OF OUR SITE AND SERVICES CONFIRMS YOUR ACCEPTANCE OF THESE TERMS AS THEY MAY BE AMENDED FROM TIME TO TIME, INCLUDING THE POLICIES INCORPORATED HEREIN BY REFERENCE.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MUST STOP USING THE SITE IMMEDIATELY.
2. WHAT WE DO
The Site publishes licensed and original content, including advertising, articles, industry and company information, newsletters, reviews, guides, tips and commentary about career and educational opportunities, government benefit and scholarship programs, help and assistance opportunities, as well as legal and financial opportunities relevant to education, which may include commercial offers, all available from third parties whether government or private ("Third Party Service Providers") and which are generally relevant to our members.
Visitors are encouraged to subscribe to receive our marketing emails and regular newsletters. Registration is free. Doing so provides access to information and services that are not available to non-registered users. To register, you must complete the registration form we make available on the Site.
We may receive compensation from advertisers and third-parties when you purchase products and services. If you discover that any information on our Site is incorrect or otherwise needs review or revision, please email us at [email protected] so that we may address the issues.
3. LIMITATIONS ON SERVICES
We are a private website. We are not an employer, a financial institution, financial services provider, a lender, insurance provider, insurance broker, real estate broker, your agent, or an agent of any Third Party Service Provider, or of any government department or entity. We do not offer financial or investment advice, insurance advice, real estate advice, medical or legal advice. We are not a party to any agreement you may enter into with a Third Party Service Provider, and we have no control over whether or not an application submitted to a Third Party Service Provider is approved, or whether or not you qualify for such program. The terms and conditions of any program provided by a Third Party Service Provider are determined solely by that Third Party Service Provider, not us.
All information, including but not limited to articles, forums, reviews, advertising, products and services descriptions, company descriptions, information regarding non-profit organizations, schools and educational programs (collectively, "Content"), whether delivered to you via the Site or through the Services are provided for informational purposes and convenience purposes.
5. REGISTRATION, CANCELLATION
You must provide us with complete, accurate and true information. We may reject an application or terminate the registration of any user at any time for any reason in our sole discretion. You may cancel your registration at any time by sending an e-mail with the subject line "CANCELLATION" to [email protected]. You must send your request from the email address you provided at the time of registration so we can uniquely identify you. Thereafter, you will no longer receive commercial communications from us. If you wish to unsubscribe from any third party communications for which you have registered, you must unsubscribe from them directly.
6. NO RELIANCE ON INFORMATION; ERRORS AND DELAYS
We make reasonable efforts to provide interesting, helpful and accurate information on the Site. Nonetheless, you should not rely on the accuracy or completeness of any information we provide. You should seek appropriate counsel and advice from experts before taking any action as a result of information available on the Site. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided on the Site. We may update the content on this Site from time to time, but the material on the Site may be out of date at any given time and we are under no obligation to update such material. Further, we are not responsible for any errors or delays, whether caused by software errors, incorrect information provided by users, technical problems beyond our reasonable control, or for errors or delays resulting from actions, or no action, by third parties.
8. NO USERS UNDER 18; COPPA
If you are under 18, you may not access or use the Site. In compliance with COPPA, we do not knowingly collect personally identifiable information from users under 13. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD.
9. PERMITTED USERS
THE SITE IS NOT OFFERED FOR USE BY PERSONS RESIDING IN JURISDICTIONS OTHER THAN THE CONTINENTAL U.S. AND ALASKA AND HAWAII. If you live in any location other than the 50 states comprising the United States of America, you may not use the Site.
10. TERMINATION OF AGREEMENT
This Agreement may be terminated by us in the event that you breach any of your duties, obligations or responsibilities under the Agreement. Upon or following termination, we shall have no liability to you or any further obligations under this Agreement.
11. INTELLECTUAL PROPERTY RIGHTS
The Site and its entire contents, features and functionality (including but not limited to “MyEducation.Guide”, the MyEducation.Guide logo, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (“Our Content” or “Our Technology”) are owned by us, our licensors or other providers of such material and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
a. License to Access and/or Use. We grant you a limited, personal, non-exclusive, non-transferable, freely revocable license to access and/or use Our Content and Our Technology to use the Site for your personal, non-commercial purposes only. You agree and understand that with the exception of this limited license, you have no rights in or to Our Content or Our Technology unless otherwise stated in writing. This limited license terminates automatically and without notice to you if you breach this Agreement.
This Agreement permit you to use the Site for your personal/individual use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Site for your own personal use and not for further reproduction, publication or distribution.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
(i) Modify copies of any materials from this site.
(ii) Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
(iii) Access or use for any commercial purposes (other than personal work opportunities) any part of the Site or any services or materials available through the Site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of this Agreement, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Site not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws.
b. Prevention of Unauthorized Use. We reserve the right to employ whatever lawful means we consider necessary to prevent unauthorized use of the Site, Our Content and/or Our Technology, including, but not limited to, technological barriers, IP mapping and contacting your Internet Service Provider (ISP).
12. PROHIBITIONS ON USE
You may not do or encourage any of the following actions on the Site:
a. Sell, resell, lease, sublicense, market, distribute, assign or otherwise transfer rights to or commercially exploit any portion of the Site;
b. Take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure that could damage, impair or disable the Site;
c. Scrape the Site, or use any robot, spider, data miner or automated agent to access and/or use the Site or gain access to or use any of Our Content;
d. Reformat, copy, reproduce, modify, translate or create derivative works of or display any portion of the Site, or mirror and/or frame any pages of the Site on any other website;
e. Attempt to decipher, decompile, disassemble, or reverse engineer any of Our Technology;
f. Remove or interfere with any of Our Content, Our Technology or any other proprietary right of the Site;
g. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site; or
h. Use the Site: (i) for any unlawful purpose, (ii) to defraud or mislead us or any third-party, or (iii) to create damage or risk to us or any third-party business, network or facility.
i. Introduce onto the Site any viruses, trojan horses, worms, logic bombs or other programs which are malicious or technologically harmful.
13. PERSONAL USE ONLY
The Site is available only for users' individual and personal use. Any other use is prohibited, unless otherwise stated in writing to you by us.
14. THIRD-PARTY LINKS
The Site may provide links to other sites (each a "linked site") and allow you to leave the Site to access third-party material or bring third-party material to the site via "inverse" hyperlinks and framing technology. We have no discretion to alter, update, or control the content of a linked site, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the linked sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. The fact that we have provided a link to a linked site is not an endorsement, authorization, sponsorship, or affiliation with respect to such linked site, its owners, or its providers. There are inherent risks in relying upon using, or retrieving any information found on the Internet, and we urge you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked site.
15. LINKING TO THE SITE
You may link to the Site, provided you do so in a manner that does not damage our reputation or encourage or endorse any use of the Site that would breach the Agreement. However, you must not establish a link in such a way as to suggest any association, approval or endorsement by use where none exists.
If you would like to link to the Site, please read and comply with the following guidelines:
A site that links to the Site:
a. May link to, but not replicate, Site content. You may not misrepresent Site content as that of another entity’s or individual’s own.
b. May not create a browser or border environment around Site content.
c. May not imply that the Site is endorsing your website or the products or services your website offers.
d. May not misrepresent its relationship with us or the Site.
e. May not present false information about our products or services.
f. May not use the MyEducation.Guide logo without permission from us.
g. May not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate, in a professional environment, and for any age group.
Your links should be full forward links that pass the client browser directly to the targeted website. Links that create a downloading burden on Site server(s), such as certain graphics or tables, constitute a misuse of Site resources. To prevent that, entities or individuals should contact us to request permission to post a copy of Site graphics or tables within their website.
The Site reserves the right to deny links if it determines that a website contains misleading or unsubstantiated claims, conflicts with its purpose, fails to conform to the requirements of our linking policy, or for any other reason.
The Site may change its subordinate pages at any time without notice. You should routinely verify links to our subordinate pages.
16. DISCLAIMER OF WARRANTIES
a. YOU UNDERSTAND AND AGREE THAT WE DO NOT GUARANTEE THE ACCURACY, SUITABILITY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE SITE. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
b. WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS AND WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE.
c. ANY ADVERTISERS, MANUFACTURERS, RESELLERS AND SERVICE PROVIDERS APPEARING ON OR THROUGH THE SITE ARE NOT OUR AGENTS OR EMPLOYEES AND WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY ENTITY OR SERVICE APPEARING ON OR AVAILABLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
d. WE DO NOT REPRESENT OR WARRANT THAT: (i) THE SITE WILL MEET USERS' REQUIREMENTS OR EXPECTATIONS, (ii) THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT INFORMATION OBTAINED WILL BE ACCURATE OR RELIABLE, OR (iii) THAT ALL DEFICIENCIES IN THE SERVICE CAN BE FOUND OR CORRECTED. FURTHER, THE SITE MAY BE INTERRUPTED OR UNAVAILABLE FOR THE PURPOSES OF PERFORMING MAINTENANCE OR UPGRADES. WE WILL NOT BE RESPONSIBLE FOR: (1) SERVICE IMPAIRMENTS CAUSED BY ACTS WITHIN THE CONTROL OF USER OR ANY USER, (2) INTEROPERABILITY OF SPECIFIC USER APPLICATIONS OR EQUIPMENT, (3) INABILITY OF USERS TO ACCESS OR INTERACT WITH ANY OTHER SERVICE PROVIDER THROUGH THE INTERNET, OTHER NETWORKS OR USERS THAT COMPRISE THE INTERNET OR THE INFORMATIONAL OR COMPUTING RESOURCES AVAILABLE THROUGH THE INTERNET, (4) INTERACTION WITH OTHER SERVICE PROVIDERS, NETWORKS, USERS OR INFORMATIONAL OR COMPUTING RESOURCES THROUGH THE INTERNET, (5) SERVICE PROVIDED BY OTHER SERVICE PROVIDERS, OR (6) PERFORMANCE IMPAIRMENTS CAUSED ELSEWHERE ON THE INTERNET.
e. WE DO NOT WARRANT THAT THE SERVICE OR ITS OPERATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL AGENTS.
17. LIMITATION OF LIABILITY
a. IN NO EVENT, INCLUDING NEGLIGENCE, WILL WE, OUR AFFILIATES, OUR REPRESENTATIVES, OUR ASSIGNS OR ANYONE ELSE INVOLVED IN ADMINISTERING THE SITE BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE, LOSS OF DATA, DAMAGES FOR DELAY, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY CLAIM AGAINST USER BY ANY OTHER PERSON RESULTING FROM MISTAKES, OMISSIONS, SERVICE INTERRUPTIONS, SERVER DOWNTIME, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.
b. NEITHER WE, NOR OUR AFFILIATES, REPRESENTATIVES, ASSIGNS, OR ANYONE ELSE INVOLVED IN ADMINISTERING THE SITE, SHALL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF ANY DATA, EQUIPMENT OR SERVICES, INCLUDING THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD.
c. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR AFFILIATES, OUR REPRESENTATIVES, OUR ASSIGNS, OR ANYONE ELSE INVOLVED IN ADMINISTERING THE SITE, SHALL BE LIABLE TO USERS ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE TO YOU, THE USER. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION BY YOU, THE USER, INCLUDING BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN. Some jurisdictions do not allow limitations on duration or the exclusion of an implied warranty, or may provide additional rights that may not be waived pursuant to this document.
d. USERS WHO RESIDE IN CALIFORNIA AGREE TO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
e. TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF OUR CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED ONE-HUNDRED DOLLARS ($100.00).
f. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEEMENT OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You agree to indemnify and hold us, our affiliates, employees, officers, directors and members (each an "Indemnitee") harmless from and against any claims, suits, actions or proceedings ("Claims") brought and damages, costs (including attorneys' fees) and/or judgments awarded against us that arise from or in connection with: (i) Claims by any person or entity to the extent that such Claims are based upon or arise out of user's use of the Site or user's actions, (ii) breach by user of this Agreement, or (iii) user's failure to comply with all applicable laws. We shall give user written notice of such Claims, permit user to defend (with counsel reasonably acceptable to us) and/or settle such Claims (upon terms reasonably acceptable to us), and, subject to our sole discretion, give user information and assistance reasonably requested by user in connection with such Claims.
19. AS IS, WITH ALL FAULTS
The Site is provided on an "AS IS" and "WITH ALL FAULTS" basis.
The provisions of this Agreement that by their nature are intended to survive the expiration or earlier termination, including those provisions relating to ownership, indemnification/defense, warranty disclaimer, and limits of liability shall survive the expiration or earlier termination of this Agreement.
a. Notice. We may give notice by means of a general notice at any time through the Site or email at the address you have provided us. Notice to you by email shall be effective upon sending, irrespective of actual receipt. It is your sole responsibility to ensure that your email address on record with us is accurate, remains functional at all times, and to notify us immediately in the event that your email address changes. You may give notice to us at any time by sending an email with confirmed receipt to [email protected], or by letter which is delivered by recognized international delivery service to the following address (notice shall become effective upon the date of actual receipt by us):
C/O Arc Services Limited
21st Floor, CMA Building
64 Connaught Road Central
Central District, Hong Kong
b. Force Majeure. If the performance of this Agreement, or any obligation hereunder is prevented, restricted, or interfered with by reason of fire, flood, earthquake, explosion or other casualty or accident or act of God, strikes or labor disputes, inability to procure or obtain delivery of items, supplies, telecommunication services, equipment or software, war or other violence, any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental authority, or any other act or condition whatsoever beyond our reasonable control, we shall be excused from such performance to the extent of such prevention.
c. Severability. To the extent that any provision or portion of this Agreement is deemed to be invalid, illegal or unenforceable, such provision or portion shall be severed and deleted or limited so as to give effect to the intent of the parties insofar as possible and the remainder of this Agreement, as the case may be, shall remain binding upon the Parties.
d. Assignment. User may not, without our prior written consent (which may be given or withheld in our sole discretion), assign or transfer this Agreement or any of its rights or obligations under this Agreement to any third-person. We may assign this Agreement to any person or entity without your consent. We may delegate to our affiliates, agents, suppliers and contractors any of the obligations herein imposed upon us and we may disclose to any such persons any information required by them to perform the duties so delegated to them.
e. Waiver. A failure or delay by us to enforce any right under this Agreement shall not at any time constitute a waiver of such right or any other right and shall not modify the rights or obligations of either party under this Agreement.
f. Jurisdiction; Applicable Law. These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Hong Kong. In the event of any dispute, claim, action or proceeding arising out of or related to the Site and Services, you consent to the exclusive jurisdiction and venue in Hong Kong. You consent to service of process in any legal proceeding.
g. Miscellaneous. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
h. Construction. The titles of the sections of this Agreement are for convenience of reference only and are not to be considered in construing any meanings contained in this Agreement. Unless the context of this Agreement clearly requires otherwise: (i) references to the plural include the singular, the singular the plural, and the part the whole, (ii) references to one gender include all genders, (iii) "or" has the inclusive meaning frequently identified with the phrase "and/or", (iv) "including" has the inclusive meaning frequently identified with the phrase "including but not limited to" or "including without limitation," and (v) references to "hereunder", "herein" or "hereof" relate to this Agreement as a whole. Any reference in this Agreement to any statute, rule, regulation or agreement, including this Agreement, shall be deemed to include such statute, rule, regulation or agreement as it may be modified, varied, amended or supplemented from time to time. The parties agree that this Agreement shall be fairly interpreted in accordance with its terms without any strict construction in favor of or against either party, and that ambiguities shall not be interpreted against the drafting party.
i. Attorneys' Fees. If a lawsuit between you and us is necessary in order to enforce any of the terms of this Agreement, the prevailing party in any such action shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party.
j. Relationship. This Agreement creates no agency, partnership, joint venture, or employee-employer relationship between you and us, unless otherwise stated in writing by us. No party shall have any express or implied right or authority to assume or create any obligation for or in the name of another party, or to bind the other party to any contract, agreement or undertaking with any third party. Neither party shall hold itself out contrary to the terms of this Section. Neither party will be liable based on any representation, act or omission of the other party that is contrary to this provision.
k. Entire Agreement. This Agreement sets forth the entire agreement of the parties and supersedes any prior agreement and any prior discussion between the parties, relating to the subject matter contained herein. Neither party shall be bound by any definition, condition, provision, representation, warranty, covenant or promise other than as expressly stated in this Agreement or as contemporaneously or subsequently set forth in writing and signed by a duly authorized officer or representative of the party to be bound thereby.
Comments or requests for further information may be directed to:
C/O Arc Services Limited
21st Floor, CMA Building
64 Connaught Road Central
Central District, Hong Kong