‘Company’, ‘Service’, ‘We’: Designs on Learning™ or any other entity that provides services to the Student according to the defined terms laid out in this Agreement.
- Nature of Services and Terms of Usage
- The Company offers Services to assist international students to meet the challenges of an American college or university education. Everything provided by the Company is intended for research/reference purposes only. The Company is not responsible, and, hence, bears no liability for the Student’s grades or any other failure of the Student to use the Services appropriately or any improper usage of the research contained therein. Furthermore, the Company makes no guarantees regarding admission to any educational institution, any particular grade received by Student in any courses, or graduation from any educational institution in which the Student is enrolled.
- The following provisions regarding specific Services obtain.
a. Once the colleges/universities to which the Student is applying have been agreed to and the respective applications submitted, any college/university added will require payment from the Student in the amount determined by the sole discretion of the Company.b. Placement Service ceases once the Student has been issued an I-20. After that, any further work by the Company is fee-based.c. Concierge Service does NOT involve academic support. Furthermore, Concierge Service is for a maximum of 15 hours expended by the Company on behalf of the Student. Once 15 hours have been reached, service ends, unless renewed by the Student.d. Housing Assistance Service covers the signing of one lease, at which point the service ends. If further housing services are required, they will be at the discretion of the Company and will be fee-based. If the Student requires a different domicile, the Housing Assistance Service will have to be renewed by the Student.e. The Company makes no guarantee of the Student obtaining any scholarship, named in the Company services or otherwise.f. Emergency Legal Intervention and/or Medical Intervention Services are designed solely to assist the student encountering legal or medical difficulties. The Company makes no representation of professional legal or medical expertise and disclaims any responsibility for any outcome to the Student.
- The Company offers Services to assist international students to meet the challenges of an American college or university education. Everything provided by the Company is intended for research/reference purposes only. The Company is not responsible, and, hence, bears no liability for the Student’s grades or any other failure of the Student to use the Services appropriately or any improper usage of the research contained therein. Furthermore, the Company makes no guarantees regarding admission to any educational institution, any particular grade received by Student in any courses, or graduation from any educational institution in which the Student is enrolled.
- Prices and Payment
- The Company cannot begin working with the Student until the Student has paid the entire
amount of the Service(s).
- The Company reserves the right to adjust prices at its sole discretion due to increases in
costs, the increase or imposition of any tax, duty or other levy and any variation in exchange
rates or other errors. Prices for the Services are exclusive of taxes or international fees, which in
any event shall be paid by Student.
- The Company cannot begin working with the Student until the Student has paid the entire
amount of the Service(s).
- Rights and Obligations of Student
- Subject to your compliance with these Terms and Conditions, as may be modified from
time to time, you have the right to access the Website, view the information provided thereon,
and otherwise use the Services as intended by the Company. Your right to do the foregoing is
non-exclusive, limited, revocable, subject to termination by the Company as set forth herein,
and cannot be assigned, sub-licensed, or otherwise transferred.
- You must comply with these Terms and Conditions, as may be modified from time to time as set forth herein, as well as applicable law. When you submit information to the Company, you thereby represent and warrant that such information is accurate, and that the submission of such information does not infringe on the rights of any third party. You also have the obligation to keep such information updated at all times to ensure its accuracy.
- You indemnify and hold the Company harmless from any damages, losses, and costs,
including, but not limited to, reasonable attorneys' fees incurred relating to third party claims
as a result of your breach of these Terms and Conditions.
- Subject to your compliance with these Terms and Conditions, as may be modified from
time to time, you have the right to access the Website, view the information provided thereon,
and otherwise use the Services as intended by the Company. Your right to do the foregoing is
non-exclusive, limited, revocable, subject to termination by the Company as set forth herein,
and cannot be assigned, sub-licensed, or otherwise transferred.
- Rights and Obligations of the Company
- All obligations of the Company hereunder are limited to reasonable commercial good faith efforts. The Company may update, change, or discontinue the Website and Services at any time and at its sole discretion. Any such update, change, or discontinuance shall be effective upon its posting on the Website or being otherwise communicated. The Company permits you to access and use the Website or Service at any given time as it exists at such time, and has no other obligations other than those provided in these Terms and Conditions.
- All rights not expressly granted in these Terms and Conditions are reserved to the
Company, including, but not limited to, intellectual property and other rights and interest in the
Website and Services. Regardless of any other provision hereof, and in particular regarding
privacy, the Company may access and disclose the information that you provide to the
Company if required to do so by law or if such action is reasonably necessary to comply with
legal process, deal with third party claims, protect the rights of the Company or the public at
large, and to enforce these Terms and Conditions.
- Waiver of Breach
- No waiver by the Company of any breach of this Agreement by the Student shall be held to be a waiver of any other or subsequent breach. All remedies afforded in this Agreement shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law.
- The failure of the Company to insist on strict performance of any of these Terms and
Conditions shall be deemed a waiver of the rights or remedies that the Company may have
regarding that specific instance only and shall not be deemed a waiver of any subsequent
breach of default of any Terms and Conditions.
- Amendments
- The Company reserves the right to modify, amend, revise or otherwise change any and all
provisions of these Terms and Conditions without prior notice. Any modifications will be posted
on the Website before they come into effect. The version of these Terms & Conditions in force
at any given date will govern the relationship between you and the Company. The Student
expressly agrees to be bound by any subsequent modification, amendment, revision or changes
as contemplated herein, by the continued rendition of services by the Company. It shall be the
obligation of the Student to review these Terms and Conditions for changes from time to time,
since any changes are reflected in this section of the Website. If you choose not to agree to any
such modifications, your sole recourse is to terminate the Agreement with the Company and
cease use of the Website and the use of the Services.
- The Company reserves the right to modify, amend, revise or otherwise change any and all
provisions of these Terms and Conditions without prior notice. Any modifications will be posted
on the Website before they come into effect. The version of these Terms & Conditions in force
at any given date will govern the relationship between you and the Company. The Student
expressly agrees to be bound by any subsequent modification, amendment, revision or changes
as contemplated herein, by the continued rendition of services by the Company. It shall be the
obligation of the Student to review these Terms and Conditions for changes from time to time,
since any changes are reflected in this section of the Website. If you choose not to agree to any
such modifications, your sole recourse is to terminate the Agreement with the Company and
cease use of the Website and the use of the Services.
- Entire Agreement
- This Agreement contains the entire stipulations between the Student and the Company,
and no statements, promises, or inducements made by either party or agent of either party
that are inconsistent herein shall be valid or binding unless expressly authorized under this
Agreement. This Agreement may not be enlarged, modified, or altered except in writing signed
by the parties and endorsed on this Agreement. This Agreement shall supersede all previous
communications, representations, or agreements, either verbal or written, between the
Student and the Company.
- This Agreement contains the entire stipulations between the Student and the Company,
and no statements, promises, or inducements made by either party or agent of either party
that are inconsistent herein shall be valid or binding unless expressly authorized under this
Agreement. This Agreement may not be enlarged, modified, or altered except in writing signed
by the parties and endorsed on this Agreement. This Agreement shall supersede all previous
communications, representations, or agreements, either verbal or written, between the
Student and the Company.
- Severability
- It is understood and agreed by the Student that if any part, term, or provision of this
Agreement is held by the courts to be illegal or in conflict with any law of the state where
made, the validity of the remaining portions or provisions shall not be affected, and the rights
and obligations of the Student shall be construed and enforced as if the Agreement did not
contain the particular part, term, or provision held to be invalid.
- It is understood and agreed by the Student that if any part, term, or provision of this
Agreement is held by the courts to be illegal or in conflict with any law of the state where
made, the validity of the remaining portions or provisions shall not be affected, and the rights
and obligations of the Student shall be construed and enforced as if the Agreement did not
contain the particular part, term, or provision held to be invalid.
- Limitation of Liability
- The Student shall raise any disputes hereunder directly with the Company and hereby releases and agrees to hold harmless the Company’s affiliates, shareholders, directors, officers, employees, agents, successors, advisers, consultants, contractors, sub-contractors, and assigns from any and all causes of action and claims of any nature resulting from the acts of the Company.
- THE WEBSITE AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT UNDER APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SECURITY OR ACCURACY.
- NEITHER THE COMPANY, ITS AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS ARE LIABLE FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT
NOT LIMITED TO, LOSS OF REVENUE) ARISING FROM THE SERVICES OR ANY PROVISION OF THIS
AGREEMENT.
- Governing Law
- It is mutually understood and agreed that this Agreement shall be governed by the laws of
the State of Massachusetts, both as to interpretation and performance, or in any other place at
the determination of the Company.
- It is mutually understood and agreed that this Agreement shall be governed by the laws of
the State of Massachusetts, both as to interpretation and performance, or in any other place at
the determination of the Company.
- Dispute Resolution
- Any disputes arising out of the performance or the interpretation of this Agreement and
that cannot be resolved amicably shall be settled by rules of arbitration in accordance with the
rules of Massachusetts Dispute Resolution Services (www.mdrs.com) to be conducted in English
and held in Boston, Massachusetts.
- Any disputes arising out of the performance or the interpretation of this Agreement and
that cannot be resolved amicably shall be settled by rules of arbitration in accordance with the
rules of Massachusetts Dispute Resolution Services (www.mdrs.com) to be conducted in English
and held in Boston, Massachusetts.
- Privacy Policy and Use of Personal Data
Definitions of legal bases for the processing of Personal Data: Consent - your clear agreement to the processing of your personal data for a specific purpose. Contract - the reason why the processing is necessary based on a contract you have with us, or because our representative has asked you to take specific steps before entering into that contract. Legitimate Interests - the reason why the processing your data is necessary, which is based on the legitimate interests or the legitimate interests of a third party, provided those interests are not outweighed by your rights and interests. These legitimate interests are:- gaining insights from your behavior on the Website;
- delivering, developing and improving the Website;
- enabling the Company’s Website to enhance, customize or modify the Website and services;
- determining whether marketing campaigns are effective;
- enhancing data security.
- Privacy Notice and Statement.
- We are committed to the protection, privacy and security of students using this Website whether through use of a mobile device/other device or media. All personal data collected from this site complies with the principles of the EU GDPR Data Protection Act 1998 and May 25, 2018. By accessing this site, you agree to the terms of this Privacy Policy and consent to the collection, processing, use or transfer of data as set out in this policy.
- Information We Collect and Use
- When a user visits our Website, we automatically collect and store routine information,
such as IP address, browser type, access time, etc. This information is gathered for internal use
only.
- IP address is used to generate aggregate statistics of Website exploitation. Browser type and access time are needed to improve quality of the content and increase effectiveness of our Support Team.
- Personal information. We collect personal information (e.g., name, e-mail address or phone number) when you register for an account with us. Or when you provide personal information to our site during contact with its representative via phone, email, internal messaging section or live chat.
- When a user visits our Website, we automatically collect and store routine information,
such as IP address, browser type, access time, etc. This information is gathered for internal use
only.
- Personal and Billing Information that You Provide
- We collect and store personal information, such as name, e-mail address, phone numbers and billing address, provided via the registration form, as well as during direct communication of a person with a representative of our platform via phone, live chat or email before or after the registration process. Your personal information is collected and securely stored in our database for internal use only. You are required to give only valid information, which will be used to check your identity or verify your payment. Certain fields on the registration page, which are not marked with asterisk (*), are optional. Alternative phone numbers and/or e-mail addresses are needed for our efficient cooperation only.
- We may use your email address to send any updates regarding these particular Terms and Conditions and other policies, agreements and other documents that regulate the use of the Website. By providing your contact information, such as email address and phone number, you give us the right to contact you to clarify the details of Services provided to you.
- If you fill in the billing information on the Website, your billing details will be received by the payment processor and used accordingly to process your payment. Our representatives do not have access to your credit card information. It is received by the secure payment processor and used ONLY to process the authorized payment for your current Service(s).
- We do not share any of the personal information you provide with any third parties without your permission, received in written form.
- Why we collect your information
- Our platform collects your personal data in Order:
- Provide services;
- Keep the Website running;
- Improve the Website;
- For student support;
- For marketing purposes (with your consent)
- We will not sell or provide your data to any third party where you have not provided your consent to do so. All other data is processed in accordance with the General Data Protection Regulation (GDPR) 2018 and other applicable laws.
- Our platform collects your personal data in Order:
- Our platform collects data when you interact with its Website, especially when
- You browse any page of the Website;
- Our representative calls you;
- You use the Website;
- You receive emails from us.