TERMS AND CONDITIONS
Updates effective as from: April 1st, 2024
TERMS AND CONDITIONS
1. Scope
By using our website ([www.vinyans.com]), you agree to be bound by these Terms and Conditions (“Terms and Conditions”) in their entirety. Vinyans provides the higher education-related advisory services specified below (“Services”) to you subject to the conditions specified herein that govern your contractual relationship with us. This document describes in detail your rights and obligations with regard to the use of our Services and website so please review it carefully. You should not use or discontinue using our Services and website if you disagree with any of the clauses.
These Terms and Conditions, as may be amended from time to time, apply to all our Services made available online through any device, application or email. By accessing, browsing and using our website or any of our applications or Services, you acknowledge and agree to have read, understood and agreed to these Terms and Conditions, including the Privacy Policy, which forms an integral part thereof.
2. Services
Vinyans is an online platform connecting a network of advisors with website users (prospective international students) for the exchange of higher education preparatory advising, which includes assistance in college shortlisting, admission applications, documentation, scholarship and financial aid applications (both internal and external), visa applications, education loan applications, and accommodation and travel arrangements (“Services”). By using our Services, you don’t enter into a contractual relationship with the educational institution at which you intend to apply or any other relevant organization other than Vinyans. We act solely as an intermediary between you and our selected advisors/counsellors/mentors.
When providing some of our Services, the information that we disclose is based on the information disclosed at the websites of educational institutions. Although we will use reasonable skill and care in performing our Services we cannot and will not verify if, and cannot guarantee that all information is accurate, complete, or correct, nor can we be held responsible for any errors, any interruptions, inaccurate, misleading or untrue information or non-delivery of information. Our services are non-refundable, however, we are open to resolving a dispute via other alternatives.
Our Services are made available for the personal and non-commercial use of customers only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products, or services available on our website for any commercial or competitive activity or purpose.
3. Advisors onboarding
On-boarding of advisors/mentors/counsellors will be governed via a separate work contract.
4. Fees
The executive authority of Vinyans can only take any decision regarding the amount and payment structure of the counselling fee. In no circumstance a consultation fee already paid to mentors for the requested services will be refunded given the nature of the third-party contract with our mentors globally.
5. Intellectual Property Rights
Unless stated otherwise, the software required for our Services or available at or used by our website and the intellectual property rights (including the copyrights) of the contents and information of and material on our website are owned by Vinyans, its suppliers or providers.
Vinyans shall exclusively retain ownership of all rights, title, and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the website on which the service is made available (including the reviews and translated content). You are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our content (including reviews) or would otherwise own any intellectual property rights in the website or any content or reviews, you hereby assign, transfer and set over all such intellectual property rights to Vinyans. Any unlawful use or any of the aforementioned actions or behavior will constitute a material infringement of our intellectual property rights (including copyright and database right).
8. Representations & Warranties
By using our website and Services, you represent and warrant that you have the right, authority, and legal capacity to enter into a contractual relationship with us under the relevant applicable law(s) and that you are not prohibited or prevented by any applicable law for the time being in force or any order or decree or injunction from any court, tribunal or any such competent authority restraining you.
9. Liability
In no event will we be liable to you for any indirect, consequential, exemplary, incidental or punitive damages except where prohibited by law. If notwithstanding the other provisions of these Terms and Conditions, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of our Services or website, our liability shall in no event exceed USD 500 (five hundred dollar or equivalent amonunt).
We shall not be liable to you in respect of any losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, incomplete items towards completion of services, or goodwill. We will similarly not be liable for any personal or commercial decisions made in connection with the use of our Services.
Furthermore, we shall not be held responsible for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from unforeseeable circumstances and/or any cause which is beyond our reasonable control.
10. Disclaimers
The availability of our Services and/or website may be interrupted and transmissions may not be error-free from time to time. You agree that your access to the website or use of Services may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services.
The content on our website and the information received throughout the use of our Services are not intended to constitute any form of personal, professional, or coaching advice. All information, content, and materials provided or made available to you are for general informational purposes only and are used at your own risk. We do not and cannot guarantee admission to a specific educational organization, or the award of a scholarship, visa, or accommodation.
Our recommendations and those of our advisors do not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification, or (star) rating of any educational institution or other organisation.
11. Language Version
These Terms and Conditions are drafted in English which shall constitute the official legally binding language version thereof. In the event of a dispute [d10] about the contents or interpretation of these Terms and Conditions or inconsistency or discrepancy between the English version and any other language version of these Terms and Conditions, the English language version shall apply, prevail and be conclusive.
12. Entire Agreement
These Terms and Conditions, including our Privacy Policy, constitute the entire agreement between us concerning the use and provision of Services and the use of the Website.
13. Amendment to Terms and Conditions
We reserve the right to amend these Terms and Conditions from time to time at our discretion and without informing you or obtaining your prior consent. Revised Terms and Conditions will become applicable from their date of publication on the website.
14. Severability
If any of these Terms and Conditions is deemed invalid, void, non-binding or for any reason unenforceable in a given jurisdiction, that term shall be considered severable and shall not affect the validity and enforceability of any remaining Terms and Conditions.
15. Governing Law & Dispute Resolution
These Terms and Conditions shall be governed by and construed by local law of the country of jurisdiction. Any disputes which may arise or be related to these Terms and Conditions or their interpretation, the use of our Services or website shall be subject to the exclusive jurisdiction of the local courts of jurisdiction globally with Vinyans as a local private entity or a foreign private entity.