Terms & Conditions

This online platform (Platform) is operated by NKH Investments Pty Ltd trading as Studychatr ABN 89 610 809 820 or its successors and assignees (we, our or us). It is available at: http://www.studychatr.com/ and may be available through other addresses or channels, including on our mobile application.

In these terms and conditions, Platform refers to our marketplace regardless of how you access it. The Platform creates a sharing community that connects university students (Students) by facilitating interactions with other Students, university communities, course communities and allowing the upload or download of university resources. The Platform also facilitates introductions between Students and employers providing services as offered on the Platform (Employers).

Acceptance


By downloading our App, accessing and/or using our Platform, you; each person, entity or organisation using our Platform (referred to as you) (i) warrant to us that you have reviewed these terms and conditions, including our Privacy Policy (available on the Platform) (Terms), with your parent or legal guardian (if you are under 18 years of age) and you understand them; (2) warrant to us that you have the legal capacity to enter into a legally binding agreement with us and you are at least 18 years of age or if you are under 18 years of age but at least 16 years of age that your parent or legal guardian has agreed to the clause below; and (3) agree to use the Platform in accordance with these Terms. These Terms are binding on you from the date on which we provide you with an account to enable you to use the Platform (Account).

If you are a parent or legal guardian permitting a person who is at least 16 years of age but under 18 years of age (a Minor) to create an account and/or use the Platform, you agree to: (i) supervise the Minor’s use of the Platform and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform and their account; (iii) ensure that the content on the Platform is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.

If the person agreeing to these Terms not as an individual but on behalf of a company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” means the Represented Entity and the person accepting these Terms is binding the Represented Entity to these Terms. If the person accepting these Terms and using our services on behalf of a Represented Entity, the person represents and warrants that s/he are authorised to do so.

If you access or download our mobile application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.

We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

Please read these Terms carefully and cease using the Platform if you do not agree to the Terms. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. We recommend you check our Platform regularly to ensure you are aware of our current Terms.

Student Accounts and Profiles


(a) This clause is only applicable to Students and “you” is a reference to Students.

(b) You can browse and view the Platform as an unregistered user of the Platform. You must register on the Platform and create an account (Student Account) to access some features on the Platform.

(c) You may only have 1 Student Account on the Platform.

(d) You must provide basic information when registering for a Student Account including name, email address, university and gender. You may choose a password and your email address is your username. We will use your email address to confirm your Student Account before you sign up and can interact with the Platform.

(e) You may register for a Student Account using your Facebook account (Social Media Account). If you sign in to your Student Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your full name, your current profile photo, email address, gender and other basic information.

(f) Once you have registered a Student Account, your account information will be used to create a profile which you may then curate (Student Profile). Your Student Profile is personal and you must not transfer it to others, except with our written permission.

(g) Student Profiles can only be registered by current Students or recent graduates of universities.

(h) Students may use their Student Profile to apply for Employment Opportunities as set out below. This will require you to provide further information including your academic qualifications and transcript, your Grade Point Average (GPA), your work experience, any professional qualifications, your resume or curriculum vitae, your preferred industry or industries and any other documents required on the Platform.

(i) You may allow Employers to access your Student Profile and the personal and sensitive information contained in your Student Profile. If you choose to use the Employment Opportunities services you agree to the disclosure of your Student Profile to Employers. Employers will be bound by these Terms (which include our Privacy Policy) when viewing and using your Student Profile.

(j) You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.

(k) You are responsible for keeping your Student Account and Student Profile details and your username and password confidential and you will be liable for all activity on your Student Account, whether or not you authorised such activities or actions. You will immediately notify us of any unauthorised use of your Student Account.

(l) At our sole discretion, we may refuse to allow any person to register or create a Student Account (including if you provide us with any information which indicates you are not a fit and proper person to be provided with a Student Account). If you do not provide us with information we reasonably request, we may refuse to create an Account for you and/or may delete your Account.

Employer Accounts and Profiles


(a) This clause is only applicable to Employers and "you" is a reference to the Employer.

(b) You must provide basic information when registering for an account including name, email address, phone number and gender. You may choose a password and your email address is your username.

(c) We will review your request for an account before approving the request (Employer Account). We reserve the right to conduct identity verification of Employers on the Platform. We may request additional information from you to confirm you are a legitimate Employer. If you do not provide us with information we reasonably request, we may refuse to create an Employer Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Employer Account, we may refuse to provide you with an Employer Account, in our sole discretion.

(d) Once you have registered an Employer Account, you will be required to create a profile about your company (Company Profile). You may be required to provide further information including company name, company URL, representative email, representative name, representative LinkedIn account, company linked in, phone number, industry and company logo.

(e) If you are an Employer and you own more than one business, you must create separate tCompany Profiles for each business. We may provide you with multiple logins on request.

(f) If we choose to conduct identity verification or background checks on any Platform user, to the extent permitted by law, we disclaim all warranties of any kind, either express or implied, that such checks will identify prior misconduct by a user or guarantee that a user will not engage in misconduct in the future.

Student Forum Posting Guidelines


(a) This clause is only applicable to Students and “you” is a reference to Students.

(b) The Platform creates an online sharing community that helps Students connect, collaborate and support each other through an interactive online community. The Platform allows you to gain access to important knowledge, information, social events, activities and opportunities associated with student life and beyond, discuss important topics and upload or download free notes (Student Forum).

(c) To provide a supportive environment for all Students you must respect the following posting guidelines when using the Student Forum. (d) We ask you to limit your discussions to topics which are relevant to the Platform.

(e) We reserve the right to remove any posts which we, in our sole discretion, deem to be inappropriate.

(f) We will give you the ability to delete your posts, so you can manage the content and information you share with others. We will store this data for as long as we believe necessary to provide you and others the best service offering.

(g) The following type of posts are not permitted on the Student Forum:
          (1) Irrelevant Posts. The Student Forum is for collaborating on issues relevant to your university community and experience. Use other platforms or social media to post.
          (2) Inappropriate content and external links. Do not post or link anything that is inappropriate or offensive to users. This includes posts or external links to pornographic content or any other prohibited posts listed below.
          (3) Personal attacks. Do not post anything that attacks or seems to be attacking someone on the Student Forum personally. This includes threats and insults directed at other Students.
          (4) Discriminatory Posts. Do not post anything that discriminates against anyone including on the basis of race, colour, descent or national or ethnic origin, immigrant status, sexual orientation, gender identity, sex, any type of disability, pregnancy, marital status, illness or disease, religion and age or age specific characteristics. Any type of intolerance and vilification will not be tolerated on the Student Forum. Do not post anything that could offend, insult, humiliate or intimidate anyone.
          (5) Harassment and bullying. Do not post anything designed to harass, bully or abuse anyone for any reason.
          (6) Marketing or advertising. Do not post anything that constitutes marketing or advertising of any kind including clickbait.           (7) Obscene language. Do not use obscene language in your posts.
          (8) Revealing of personal or sensitive information. Do not post anything that includes details of someone else’s personal or sensitive information. This includes their name, email address, gender, home address and university.
          (9) Any postings that may violate any local, state, national or other law or regulation.
          (10) Any postings that may violate your university’s policies and procedures including any relating to plagiarism and academic honesty. (h) If you are in doubt about a post, do not post it.

(i) If you believe any posting or postings on the Student Forum are in breach of these guidelines report that post or postings to us on the Student Forum using the ‘report’ functionality or similar on the Platform. You may add in comments when you ‘report’ posts (if available) to include the reason why you believe the post or postings are in breach of these guidelines or should otherwise be removed from the Student Forum.

(j) If you believe any user or Student on the Student Forum is in breach of these guidelines report that user or Student to us on the Student Forum.

(k) We may, at our sole discretion, remove any user or Student from the Student Forum, or delete or suspend their Student Account, if we find a user or Student is in breach of the posting guidelines.

Karma Score


(a) This clause is only applicable to Students and “you” is a reference to Students.

(b) The Platform provides for Students to have an internal rating based on how they interact with the Platform (Karma Score) as set out on the Platform.

(c) We make no warranties or guarantees concerning Karma Scores on the Platform, including the accuracy of Karma Scores and the ability to secure an Employment Opportunity based on your Karma Score.

Note Sharing


(a) This clause is only applicable to Students and “you” is a reference to Students.

(b) The Platform provides Students with the ability to upload and download free university notes.

(c) In order to upload or download notes we will need to verify your university email address or otherwise verify you as set out on the Platform. (d) You may obtain points for your Karma Score when you upload notes.

(e) When uploading notes, you warrant that:
          (1) you are the sole owner of the relevant intellectual property rights in the notes or you have appropriately acknowledged the intellectual property rights in the notes;
          (2) you have all legal rights required to upload notes;
          (3) you have complied with your university’s plagiarism and any relevant academic honesty policies; and
          (4) your uploaded notes do not contain any illegal or obscene content. (f) When downloading notes, you warrant that:
          (1) you will not use the notes for any purpose that breaches any intellectual property rights in the notes; and
          (2) you will comply with your university’s plagiarism and any relevant academic honesty policies when using the notes.

(g) If you believe any user or Student is in breach of the above warranties you may report that user or Student to us.

(h) We may, at our sole discretion, remove any notes that are in breach of this clause, remove any user or Student from the uploading or downloading notes, or delete or suspend their Student Account, if we find a user or Student is in breach of this clause.

(i) Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, arising from or in connection with any breach of this clause.

Employment Opportunities


(a) The Platform provides an introductory service for Employers to post available internships, consultancies and job opportunities (Employment Opportunities) to Students.

(b) Employers may post Employment Opportunities on the Platform, or by using an external link.

(c) In order to have access to the Employment Opportunities posted on the Platform, Students will need to have their university email address verified or otherwise be verified as set out on the Platform.

(d) Employment Opportunities can be posted on the Platform for a period of 30 days.

(e) Employers can post Employment Opportunities by industry and Students can browse Employment Opportunities

(f) We may provide you with Employment Opportunities based on your Student Profile information including preferred industries. We may allow Employers to provide you with Employment Opportunities based on your Student Profile information including preferred industries.

(g) Students can apply for Employment Opportunities through the Platform or through the external link provided.

(h) You understand and agree that the Platform is an online introductory platform only, and that our responsibilities are limited to facilitating the user functionality and availability of the Platform. We are not an employment agency or labour hire business and Employers are independent third parties, not our employees, contractors, partners or agents.

(i) We are not a party to any agreement entered into between a Student and an Employer. We have no control over the conduct of Employers, Students or any other susers of the Platform.

(j) We accept no liability for any aspect of the Employer and Student interaction, including but not limited to the description of the Employment Opportunity offered, the availability of any Employment Opportunity offered and the performance and delivery of any services provided by Students. Employers are responsible for fulfilling Employment Opportunities and conducting any relevant checks to ensure the fulfilment of any Employment Opportunity. We do not assist or involve ourselves in any way in any dispute between an Employer and a Student regarding an Employment Opportunity.

Licence to use our Platform


We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

Prohibited conduct


You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):

(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(b) using our Platform to defame, harass, threaten, menace or offend any person;

(c) interfering with any user using our Platform;

(d) ampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;

(e) anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations;

(f) as a Student, anything that might violate that Student’s University’s rules, procedures and policies;

(g) as a Student anything that may be considered to manipulate your Karma Rating;

(h) as an Employer, offering any Employment Opportunity that you do not intend to honour or cannot provide;

(i) using our Platform to send unsolicited email messages; or

(j) facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors


You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.

Information


The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Intellectual Property rights


Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):
(a) copy or use, in whole or in part, any Content;

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c) breach any intellectual property rights connected with our Platform, including (without limitation) by:

          (1) altering or modifying any of the Content;
          (2) causing any of the Content to be framed or embedded in another website; or
          (3) creating derivative works from the Content.

User Content


You may be permitted to post, upload, publish, submit or transmit relevant information and content, including Reviews (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.

You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:

(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and

(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.

Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Consumer Guarantees


(a) Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).

(b) Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. 

(c) The goods and services provided by a Service Provider might also confer you certain Statutory Rights.

Notice regarding Apple


(a) To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.

(b) Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.

(c) If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

(d) Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to:

          (1) product liability claims;
          (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and
          (3) claims arising under consumer protection or similar legislation.

(e) Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

(f) You agree to comply with any applicable third-party terms when using our mobile application.

(g) Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

(h) You hereby represent and warrant that:

(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and

(j) you are not listed on any U.S. Government list of prohibited or restricted parties.

Warranties, disclaimers and indemnity


To the extent permitted by law, we make no representations or warranties about our Platform, the Content, Employment Opportunities offered by Employers, content uploaded by Students including (without limitation) that:

(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b) access will be uninterrupted, error-free and free from viruses;

(c) our Platform will be secure;

(d) any applications will be made by Students for any Employment Opportunities on the Platform or that Students will find the Employment Opportunities on the Platform desirable;

(e) Employment Opportunities are of a particular standard or meet the description in the Employment Opportunity; and

(f) content uploaded or downloaded by Students, or otherwise posted on the Platform will be of a certain quality or accuracy.

You read, use, and act on our Platform and the Content at your own risk.
Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:

(a) our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to $100; and

(b) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

(c) Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:

          (1) event or circumstance beyond our reasonable control;
          (2) acts or omissions of you or your personnel;
          (3) any defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to the Platform;
          (4) use of the Platform and/or Content;
          (5) interaction you have with other users whether in person or online;
          (6) Employment Opportunities or Karma Scores;
          (7) any injury or loss to any person;
          (8) Content which is incorrect, incomplete or out-of-date; or
          (9) breach of these Terms or any law.

(d) You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

(e) This clause will survive the termination or expiry of these Terms.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination


(a) You may cancel your Student Account or Employer Account and terminate these Terms at any time via the “Cancel Account” feature (or similar) on our Platform or by sending us an email to the address at the end of these Terms.

(b) Terminating your Student Account will erase any information you have posted, and will remove you from the Student Forum, but will not delete your Karma score. If you would like us to retain this information then you may temporarily deactivate your Student Account, which allows you to temporarily stop using the Platform while protecting your content and information from being erased.

(c) We may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to the email address in your Student Account or Employer Account.

(d) At our sole discretion, we may suspend your Student Account or Employer Account or terminate these Terms immediately without notice if (i) you are in breach of these Terms, any applicable laws, regulations or third party rights (ii) as an Employer your Employment Opportunities at any time fail to meet any eligibility criteria for Employment Opportunities or your Employment Opportunities are not of applicable quality, (iii) as a Student we have received complaints about you including due to repeated breaches of the posting guidelines in the Student Forum clause above or repeated breaches of the Note Sharing clause above.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Collection Notice


(a) We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

(b) We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform.  In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

(d) Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process. 

(e) By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

Assignment


You may not assign, transfer or delegate these Terms and your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate these Terms and any rights and obligations under these Terms, at our sole discretion, with 30 days prior notice. Your right to terminate these Terms, in accordance with these Terms, remains unaffected.

Severance


If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction


Your use of our Platform and these Terms are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Platform may be accessed throughout Australia and overseas. We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.

For any questions and notices, please contact us at:
NKH Investments Pty Ltd trading as Studychatr ABN 89 610 809 820
Email: info@studychatr.com
Last update: 19 June 2018