Terms & Conditions
StudyBooster™ is an online platform that allows students (“Goal Setters“) to set education-related goals (“Goals”) and then invite their family and friends to pledge financial rewards (“Pledges“) for achieving those Goals. A person who makes a Pledge is referred to below as a “Sponsor“.
- This is a legally binding agreement
(a) The terms and conditions set out in this document, together with any other rules, guidelines or procedures we notify to you from time to time, form a legally binding agreement between you and StudyBooster in relation to your access to and use of the Services (as defined in paragraph (b) below, but excluding any services provided to you by StudyBooster under a separate written agreement). “StudyBooster ”, “we” or “us” means StudyBooster Pty Ltd ABN 74 606 877 294, whose principal place of business is at 3 Wheaton Rd, Melrose Park, SA 5039, Australia.. This legal agreement is referred to below as the “Terms” or the “agreement”.
(b) The Terms apply to your use of the following services, products, software and websites (referred to collectively as the “Services” in this document):
- the StudyBooster™ website at www.studybooster.com, including any associated software and services (the “Website”);
- any StudyBooster™ applications for mobile devices that we may make available from time to time for download from the Apple App Store, an Android application store or another source;
- any support, maintenance, customer service, administration or associated services offered to you by StudyBooster from time to time, whether via the Website or otherwise.
(c)It is important that you take the time to read this document carefully. Before you continue, you should print off or save a local copy of the Terms for your records.
- Accepting the Terms
(a) In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
(b) You accept the Terms by:
- clicking to accept or agree to the Terms, where this option is made available to you by StudyBooster in the user interface for any Services (for example, when a Goal Setter first registers with the Website, or when a Sponsor makes a Pledge); or
- by actually accessing or using any of the Services. In this case, you understand and agree that StudyBooster will treat your access to or use of the Services as acceptance of the Terms from that point onwards.
(c) You may not use the Services and may not accept the Terms if your access to or use of the Services would breach any applicable laws in the country in which you are located at the time of that access or use. You are solely responsible for determining whether your use of the Services complies with applicable laws.
- Provision of the Services by StudyBooster
(a) While StudyBooster will use all reasonable endeavours to ensure that the Services are accessible at all times, StudyBooster cannot guarantee that this will be the case. StudyBooster will use all reasonable endeavours to post a notice on the Website prior to performing any maintenance that will result in the Services being unavailable. StudyBooster is not responsible for any problems associated with the use of the public internet.
(c) While StudyBooster endeavours to ensure that the Services are free from viruses and other harmful code, you are responsible for taking appropriate steps (including the use of up-to-date anti-virus and anti-spyware software) to protect your computer systems from viruses and other harmful code.
- Your use of the Services generally
(a) Access to and use of the Services may be limited to a particular country or countries, as specified on the Website (the “Territory”). You may only access and use the Services within the Territory.
(b) You are responsible for providing at your own cost all computer and telecommunications facilities that you require in order to access and use the Services, and for configuring those facilities (for example, by having appropriate security and firewall settings) so that you can access and use the Services.
(c) You agree to use the Services only for your own personal, non-commercial use, and only for purposes that are permitted by:
- the Terms; and
- any applicable laws, regulations or generally accepted practices or guidelines.
(d) You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
(e) You must not reproduce, duplicate, distribute, sell, trade or resell the Services (or any part of them) for any purpose.
(f) You agree that you are solely responsible for (and that StudyBooster has no responsibility to you or to any third party for):
- any breach of your obligations under the Terms; and
- the consequences (including any loss or damage which StudyBooster may suffer) of any such breach.
- Goal setting and completion
(a) In order to create a Goal, a student must first register at the Website and create a personal member page. This is where you upload some basic information about yourself (name, age, educational institution you’re attending, a photo, etc), which will be accessible to your family and friends when you promote your Goal. You agree that all registration information you give to StudyBooster will always be accurate, complete and up to date.
(b) You may create as many Goals as you like, but each Goal must have a connection to your education (including extra-curricular activities) at a school, college, university or other educational institution. StudyBooster reserves the right to reject, cancel, interrupt, remove or suspend a Goal at any time and for any reason, with or without notice to you.
(c) Once you have created a Goal and it has been accepted on the Website, you are solely responsible for promoting it to your family and friends using either the unique email link we provide or by sharing to your Facebook page, Twitter feed or other available social media platforms (which may change from time to time in our sole discretion). You should exercise care in promoting your Goal as it will allow people to view your goal on the Website, including any information about yourself that you have included on that page. You agree that StudyBooster has no responsibility to you or any third party for any consequences (including any loss or damage you or StudyBooster may suffer) arising from your disclosure of personal information about yourself, or otherwise as a result of your conduct in promoting your Goal.
(d) In order to receive Pledges, you must register your PayPal account or bank account details with StudyBooster. If you do not already have a PayPal account, you will be given the option to create one. If you do not provide a PayPal or bank account, StudyBooster will hold the Pledges for a maximum period of 30 days, after which they will be refunded to the Sponsors.
(e) You may cancel a Goal at any time, in which case all Sponsors will have their Pledges refunded. You may also modify your Goal at any time, but in any case your Sponsor also will have the option to change or cancel their pledge if they see fit. Bear in mind that if you make your Goal easier to achieve, this may affect the willingness of your Sponsors to confirm their Pledges following completion.
(f) When you have successfully completed your Goal, you should update your Goal status on the Website. This will trigger the release of your pledges . If StudyBooster becomes aware that you have falsely or fraudulently stated that you have completed your Goal when you have not, or that you have engaged in any other misleading or deceptive conduct in relation to your Goal or your personal member page, StudyBooster may immediately suspend or cancel your access to the Services without notice to you and without any obligation to provide reasons. If you do not update your Goal status to indicate you have completed your Goal, StudyBooster will hold the Pledges for a maximum period of 30 days, after which they will be refunded to the Sponsors.
(g) Where Sponsors confirm their Pledges, StudyBooster will release the amount of those Pledges to you. You are solely responsible for the payment of any taxes, fees (including those imposed by PayPal or your bank), duties or other levies that may be imposed on or in relation to amounts you receive from StudyBooster, or that otherwise arise out of your use of the Services. If Sponsors do not request a refund within 5 days of being notified by email of your achievement, then the Pledges will be automatically released to you.
(h) StudyBooster does not guarantee that you will receive any Pledges for your Goal, or that we will be able to recover from Sponsors the full amount of all confirmed Pledges (less the relevant fees and charitable donations). You should not take any action in reliance on having access to the money Pledged until it is actually available for withdrawal from your PayPal account or bank account.
(a) If a Goal Setter has given you access to their personal member page and invited you to support a Goal they have created, you will be given the opportunity to make a Pledge. If you choose to make a Pledge, you will use an accepted credit card enter the requested details. You will be charged the amount of your Pledge plus any stated fees.
(b) StudyBooster will only transfer the funds you have Pledged after we receive notification from the Goal Setter that their Goal has been successfully achieved. You will also be notified of this.
(c) If the Goal Setter modifies their goal at any time, you will have the opportunity at that time to change or cancel your Pledge. If the Goal Setter cancels a Goal at any time, you will not be charged anything.
(d) It is solely your choice whether or not to make a Pledge in support of a Goal. StudyBooster does not recommend, endorse, sanction or otherwise support any Goals posted by Goal Setters, and does not encourage you to make Pledges. StudyBooster also will not verify or confirm that a Goal has been completed in the manner stated by the Goal Setter. You are solely responsible for satisfying yourself that the Goal Setter has a genuine intention to attempt the Goal, and that he or she has in fact completed the Goal in the manner stated. You agree that StudyBooster has no responsibility to you or any third party for any consequences (including any loss or damage you or StudyBooster may suffer) arising from your support of any Goal, including as a result of any fraud or misinformation on the part of the Goal Setter.
(e) StudyBooster reserves the right to cancel a Pledge at any time and for any reason. If we cancel your Pledge, we will notify you by email but we have no obligation to provide you with any reasons for our decision.
(f) Except as expressly stated above, all Pledges are final and non-refundable. If you have any concerns about a Goal Setter’s conduct, you should address those concerns directly to them. StudyBooster has no obligation to get involved in any disputes between Goal Setters, Sponsors or any other party.
- Fees and payments
(a) Joining StudyBooster for students is via annual subscription. There are no additional charges for being enrolled with Studybooster and no fees will be required of students for pledges.
Using Studybooster as a Sponsor or Teacher requires no subscritption.
Sponsors pay a flat $4.00 registration fee for every pledge they make, plus a 2.5% processing fee.
(b) Even if you are not using any Services for which we charge fees, you may still incur charges incidental to your access to or use of the Services, for example charges for internet access or cellular network data transmissions.
(c) StudyBooster will notify in advance (by posting on the Website) if we change any of our fees. If you do not agree to the change, you must cancel your access to, and stop using, the affected Services before the date on which the price change is stated to come into effect. For clarity, however, we will not increase the fee that we deduct from amounts Pledged in support of a Goal between the time the Goal is created and the time it is completed, and the increased fee will apply to only to any new Goals made after that date.
(d) All of our fees include GST and all other taxes, unless stated otherwise.
(e) Payment providers also impose transaction fees, and these will be notified to you at the time they are to be charged. For example use of PayPal’s, eWay’s or NAB’s services will be governed by your agreement with your payment provider, and StudyBooster will have no liability to you in connection with the performance (or non-performance) of with your provider.
- Your passwords and account security
(a) You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
(b) Accordingly, you agree that you will be solely responsible to StudyBooster for all activities that occur under your account.
- Personal information and data
(d) You agree that you are solely responsible for (and that StudyBooster has no responsibility to you or any third party for):
(i) all data that you submit or store, or that is generated, in the course of your use of the Services (referred to as “Your Data” below); and
(ii) backing up Your Data, and the consequences (including any loss or damage you may suffer) of you failing to do so.
(e) If your access to the Services is suspended or cancelled (including where this agreement is terminated under clause 15(c) of the Terms), StudyBooster may permanently delete Your Data from our servers. StudyBooster has no obligation to return Your Data to you after your access to the Services is suspended or cancelled. Any of Your Data that is deleted may be irretrievable.
- Content in the Services
(a) You understand that all content (such as data files, written text, computer software, audio files or other sounds, and videos, photographs or other images) which you may have access to as part of, or through your use of, the Services is the sole responsibility of the person from which such content originated. This is referred to below as “Content”.
(b) You should be aware that Content presented to you as part of the Services may be protected by intellectual property rights that are owned by other users of the Services, or by sponsors or advertisers who provide the Content to StudyBooster for inclusion in the Services. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you are specifically authorised under a separate written agreement with StudyBooster or the owner of the Content.
(c) You understand that by using the Services, you may be exposed to Content that you may find offensive, indecent or objectionable, and that, in this respect, you use the Services at your own risk. StudyBooster reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse, remove or limit access to any or all Content from the Services, including any personal member page or Goal, with or without notice to you and without any obligation to provide reasons.
(d) You agree that you are solely responsible for (and that StudyBooster has no responsibility to you or any third party for):
- any Content that you create, transmit or display while using the Services; and
- the consequences (including any loss or damage that StudyBooster may suffer) of you doing so.
- Proprietary rights
(a) You acknowledge and agree that StudyBooster (or StudyBooster ’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights that subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information that is designated confidential by StudyBooster, and you agree not to disclose such information without StudyBooster’s prior written consent.
(b) Unless you have a separate written agreement with StudyBooster, nothing in the Terms gives you a right to use any of StudyBooster’s trade names, trademarks, service marks, logos, domain names or other distinctive brand features.
(c) Other than the limited licence granted under clause 13, StudyBooster acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services (referred to as “Your Content” below), including any intellectual property rights that subsist in Your Content (whether those rights happen to registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with StudyBooster, you agree that you are responsible for protecting and enforcing those rights and that StudyBooster has no obligation to do so on your behalf.
(d) You agree not to remove, obscure or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Services.
- Licence of software
(a) StudyBooster gives you a personal, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by StudyBooster as part of the Services (referred to as the “Software” below) solely as provided to you by StudyBooster and solely in the Territory. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by StudyBooster, in the manner permitted by the Terms.
(b) You must not (and must not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically authorised to do so in writing by StudyBooster.
(c) Unless StudyBooster has given you specific written permission to do so, you must not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
(d) Your use of any iPhone or iPad applications that you download from the Apple App Store for the purposes of accessing, or as part of your use of, the Services is also governed by the terms of the Licensed Application End User Licence Agreement, which forms part of the App Store Terms and Conditions available at www.apple.com/legal/itunes/au/terms.html. If there is any inconsistency between the Terms and the Licensed Application End User Licence Agreement, the Terms will prevail to the extent of that inconsistency.
- Content licence from you
(a) You retain copyright and any other rights you already hold in Your Content. By submitting, posting or displaying Your Content, you give StudyBooster a perpetual, irrevocable, worldwide, royalty-free and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute Your Content. This licence is for the sole purpose of enabling StudyBooster to display, distribute, operate and promote the Services.
(b) You understand that StudyBooster, in performing the required technical steps to provide the Services to Subscribers, customers and other users, may:
- transmit or distribute Your Content over various public networks and in various media; and
- make such changes to Your Content as are necessary to conform and adapt Your Content to the technical requirements of connecting networks, devices, services or media.
You agree that the licence granted under paragraph (a) permits StudyBooster to take these actions.
(c) You confirm and warrant to StudyBooster that you have all the rights, power and authority necessary to grant the licence of Your Content under this clause 13, and that the use of Your Content by StudyBooster in accordance with the Terms will not infringe the rights (including intellectual property rights) of any other person or organisation.
(d) You must not submit, post, display or otherwise contribute to the Website any of the following:
- Any Content that is false, unlawful, misleading, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable, or which discriminates against or vilifies any group or individual;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including us;
- Unsolicited promotions, mass mailings or “spamming”, transmission of “junk mail”, “chain letters,” political campaigning, advertising, contests, raffles or solicitations;
- Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes;
- Private information of any third party, including, without limitation, surname (family name), addresses, phone numbers, email addresses and credit card numbers.
- External links
(a) The Services may include hyperlinks to websites, content, advertising or other materials that are provided by persons or organisations other than StudyBooster (“External Links”). StudyBooster may have no control over any External Links.
(b) You acknowledge and agree that StudyBooster is not responsible for the availability of, and does not endorse the content of, any such External Links.
(c) You acknowledge and agree that StudyBooster is not liable for any loss or damage that you may suffer as a result of the availability of, or your access to, any External Links, including as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such External Links.
- Ending your relationship with StudyBooster
(a) The Terms will continue to apply until terminated by either you or StudyBooster as set out below.
(b) If you want to terminate your legal agreement with StudyBooster:
- if you are a Pledger, you may simply stop using the Services. For clarity, this will not automatically cancel any Pledges that you have previously made, but you will have the opportunity to do so as you choose prior to goal completion
(c) StudyBooster may terminate the agreement (and cancel your access to the Services) with immediate effect by notice to you if you:
- breach any of your obligations under the Terms and fail to remedy that breach within 7 days of receiving notice of the breach; or
- become insolvent, have any winding up petition presented against you, are placed under official management, administration, liquidation or provisional liquidation, a receiver, receiver and manager or other controller is appointed over any part of your property or undertaking, are unable to pay your debts as they fall due, or cease to carry on business or threaten to do so.
Where StudyBooster has a right to terminate under this paragraph (c), we may instead choose to suspend your access to the Services (in whole or in part).
(d) Following the termination of this agreement for any reason:
- any legal rights, remedies or liabilities that have accrued prior to the date of expiry or termination are unaffected; and
- clauses 4(f), 5(c), 6(d), 9, 10, 11, 13, 14(c), 15(d), 16, 17, 18, 20 and 21 of the Terms, together with any other provisions that are intended by their nature to survive termination, will continue in force in accordance with their terms.
- Exclusion of warranties
(a) You may have rights under statutory consumer protection laws, including the Competition and Consumer Act 2010 (Cth), which cannot be excluded, restricted, limited or modified. The following exclusions of warranties, and the limitation of liability in clause 17 below, apply subject to any rights you may have under such laws.
(b) You expressly understand and agree that your access to and use of the Services is at your sole risk and that the Services are provided “as is” and “as available”. In particular, StudyBooster does not represent or warrant to you that:
- your access to and use of the Services will meet your requirements (and you expressly acknowledge that you have relied upon your own experience, skill and judgment to evaluate the Services and that you are satisfied as to the suitability of the Services to meet your requirements);
- your access to and use of the Services will be uninterrupted, timely, secure or free from error; or
- that any Content will be accurate, reliable or correct.
(c) Without limiting the foregoing, and to the extent permitted by law, all express or implied representations, conditions, warranties, guarantees or other provisions that are not contained in the Terms (whether based in legislation, the common law or otherwise) are excluded, including any representations, conditions, warranties or guarantees as to acceptable quality, fitness for purpose or timeliness.
(d) If any condition, warranty, guarantee or other provision is implied or imposed in relation to the legal agreement between you and StudyBooster (whether based in legislation, the common law or otherwise) and cannot be excluded (a “Non-Excludable Term”), and StudyBooster is able to limit your remedy for a breach of such a Non-Excludable Term, then StudyBooster’s liability for such a breach of the Non-Excludable Term is limited to one or more of the following at StudyBooster’s option:
- in relation to goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
- in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
- Limitation of liability
(a) Subject to StudyBooster’s obligations under the Non-Excludable Terms, and to the maximum extent permitted by law, the maximum aggregate liability of StudyBooster for all claims arising under or in relation to this agreement, or otherwise as a result of your access to and use of the Services, during any 12 month period is limited to the greater of $100 or the amounts (if any) paid by you to StudyBooster for your access to the Services during the relevant 12 month period.
(b) Subject to StudyBooster’s obligations under the Non-Excludable Terms, and to the maximum extent permitted by law, in no event is StudyBooster liable under or in relation to this agreement or its subject matter for any indirect, special or consequential loss or damage or for any loss of goodwill, opportunities, anticipated savings or profits.
(c) The limitations and exclusions in paragraphs (a) and (b) apply regardless of whether the liability arises in contract, tort (including negligence), in equity, under statute, under an indemnity, or on any other basis.
You agree to indemnify, defend and hold harmless StudyBooster, and its directors, officers, employees, agents and contractors, from and against any loss, damage, liability, cost or expense (including reasonable legal fees) suffered or incurred in connection with a claim brought against any of them, to the extent that such third party claim arises out of your breach of any obligation or warranty in the Terms, or your access to or use of (or inability to access or use) any of the Services.
- Changes to the Terms
StudyBooster may make changes to the Terms from time to time. Before these changes come into effect, StudyBooster will make a new copy of the Terms available on the Website. You understand and agree that if you access or use the Services after the date on which the Terms have changed, StudyBooster will treat this as acceptance of the updated Terms. The Terms were last updated on 8 April 2013.
(a) Except as stated otherwise, any notices must be given:
- (if to StudyBooster) by registered ordinary post (or if posted from a place outside Australia, by registered airmail) to StudyBooster Pty Ltd, PO Box 64, Daw Park SA 5041, Australia, Attention: Lionel Duffield; or
- (if to you) to the email address you provided to StudyBooster when you registered with the Website, or as subsequently updated by you.
(b) Any notice is deemed to have been given:
- if sent by email, 24 hours after the email was sent, unless the sending party was notified that the email address is invalid; and
- if sent by pre-paid post, three (3) Business Days after the date of posting, or on the seventh (7th) Business Day if sent from outside Australia.
(c) For the purposes of the above, “Business Day” means a day on which banks are open for general business in Adelaide, South Australia, Australia, excluding Saturdays, Sundays and public holidays.
(a) StudyBooster is not liable for any failure to perform its obligations under the Terms where that performance is delayed, prevented, restricted or interfered with for any reason outside StudyBooster’s control.
(b) This agreement is governed by the laws of South Australia, Australia, and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of South Australia and the Commonwealth of Australia.
(c) This agreement supersedes all previous agreements about its subject matter and embodies the entire agreement between the parties.
(d) The words “including”, “such as”, “in particular” and “for example”, when used in this agreement, are not words of limitation.
(e) Except as expressly provided in this agreement, nothing in this agreement is intended to constitute a fiduciary relationship or an agency, partnership or trust, and no party has authority to bind any other party.
(f) No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these terms.
(g) Any provision of this agreement that is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of this agreement is not affected.