Terms and conditions

Please read the following important terms and conditions before you buy anything on our website and check that they contain everything you want and nothing that you are not willing to agree to.

Your key information

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after ordering Services online, in most cases, you can cancel and receive a full refund. If you agree the Services will start within this time, you may be charged for what you’ve used.

The Consumer Rights Act 2015 says:

• you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it;
• if a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable.
• if a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133.

The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.

How these terms work

These terms and conditions (Terms) set out:

• your legal rights and responsibilities.
• our legal rights and responsibilities; and
• certain key information required by law.

In these Terms:

• ‘we’, ‘us’ or ‘our’ means Open UK Study Limited; and
• ‘you’ or ‘your’ means the person using our Website to buy Services from us.

If you have any questions about these Terms or any orders you have placed, please contact us by:

• sending an email to info@openukstudy.com; or
• filling out and submitting the online contact form available here: kontakt.html

Who are we?

• We are Open UK Study Limited, a company registered in England and Wales under company number: 14079914 with registered office 36 Timms Close, Horsham, England, RH12 4TN
• Our VAT number is:462 1357 07

Introduction

These Terms apply to all Services we offer. If you purchase or order Services from us via our website www.openukstudy.com (Website) you agree to these terms and conditions which form a legally binding contract between you and us.

These Terms only available in English. No other languages will apply to this contract.

Information we give you

By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. This information is set out at the start of these Terms and elsewhere throughout our Website. If you cannot access this information for any, you are welcome to contact us using the functionality on the Website and we will provide you with a copy of this information.

The key information we give you by law forms part of this contract (as though it is set out in full here).

If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

Your privacy and personal information

Our Privacy Policy is available at privacy-policy.html

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

As part of providing the Services, you may instruct us to apply to one or more universities (University) for enrolment and/or financial assistance (Application). As part of the Application, we will:

• Collect personal data about you in accordance with our Privacy Policy; and
• On your instruction and only with your consent, share your personal data with the University. Where we do this the University will be the controller of your personal data and will collect and process your personal data in accordance with the University’s Privacy Policy which will be made available to you.

Ordering services from us

We offer various university application services on our Website (Services) including but not limited to free Services (Free Services) and paid Services (Paid Services).

We may receive payment from third party providers (such as Universities) for providing the Services.

You place an order for Services by using the functionality on the Website. Please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us.

When you place your order at the end of the online checkout process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted by us.

We may contact you to say that we do not accept your order. This is typically for the following reasons:

• we cannot carry out the Services (this may be because, for example, we have a shortage of staff);
• we cannot authorise your payment (if a Paid Service);
• you are not allowed to buy the Services from us;
• we are not allowed to sell or provide the Services to you; or
• there has been a mistake on the pricing or description of the Services.

We will only accept your order when we email you to confirm this (Confirmation Email). At this point:

• a legally binding contract will be in place between you and us; and
• we will provide the Services as agreed during the online checkout process.

If you are under the age of 18 you are not permitted to order or buy any Services from us.

Right to cancel

You have the right to cancel this contract within 14 days without giving any reason. However, you do not have the right to cancel if you requested for us to start providing the Paid Services during the cancellation period and the Paid Services are fully performed (i.e. the work is completed) during this period. This is further explained in clauses 5(e) and 5(f) below.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement to us, for example by emailing us using the contact details available on our Website.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

If you requested for us to start providing the Paid Services during the cancellation period and the Paid Services are fully performed (i.e. the work is completed) during this period, you lose your right to cancel and will be required to pay the full price under these Terms even if the cancellation period has not expired.

This does not affect the rights you have if your Services are faulty. A summary of these rights is provided at the top of this page. See also clause 12 below.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, unless you requested for us to start providing the Paid Services during the cancellation period, in which case you must pay us:

• for the Paid Services we provided up to the time you told us that you want to cancel this contract, which will be an amount in proportion to the Paid Services performed up to that point in comparison with the full Fees; or
• the full Fees, if you lost your right to cancel this contract because the Paid Services were fully performed (i.e. the work was completed) during the cancellation period.

We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel these Terms.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Carrying out the services

We will carry out the Services by the time or within the period agreed during the online checkout process and as set out in the Confirmation Email (see clause 4(e)). If you and we have agreed no time or period, we will carry out the Services within a reasonable time.

Our carrying out of the Services might be affected by events beyond our reasonable control. If so, there might be a delay before we can start or restart the Services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to start or restart the Services as soon as those events have been fixed.

Third party terms

If we are required to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (‘Third Party Terms’).

The Third Party Terms of any University we submit an Application for on your behalf as part of the Services will apply to you, including but not limited to the Privacy Policy of each applicable University.

Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms, you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we acquire as part of providing the Service to you and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

Payment

We do not charge for our Free Services.

You must pay the fees for the Paid Services (Fees) to us in the amounts set out on our Website at the time you order the Paid Services.

We reserve the right to refuse to commence work on any Paid Services until we have received the Fees for those Paid Services.

Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 5 and 6.

All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate, but exclude any application fees (if applicable).

This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.

Online payment partner

We may use third-party online payment partner, currently Stripe.com (Online Payment Partner) to collect Subscription Fees.

You acknowledge agree that:

• the processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner, which can be found here: https://stripe.com/gb/legal/consumer. Our Services Agreement with Stripe will also form part of this Agreement and be binding on you, which is available here: https://stripe.com/gb/legal/ssa.
• you release us and our Personnel in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment; and
• We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.

Client obligations

You agree to:

• provide us with all documentation, information and assistance reasonably required by us to perform the Services; and
• provide us with access to any third party or other accounts used by you (including log-in details and passwords), as is reasonably required by us to perform the Services.

Client material

You warrant that all information, documentation and other Material you provide to us for the purpose of receiving the Services is complete, accurate and up-to-date; and

You release us from all liability in relation to any loss or damage arising out of or in connection with the Services to the extent such loss or damage is caused or contributed to by information, documentation or any other Material provided by you being incomplete, inaccurate or out-of-date.

Your obligations

You must comply with these Terms at all times. You acknowledge and agree that we will have no liability in respect of any damage, loss or expense which arises in connection with your breach of these Terms, and you indemnify us in respect of any such damage, loss or expense.

You must not without our prior written approval:

• upload sensitive information or commercial secrets using the Website except where we explicitly request such data;
• upload any inappropriate, offensive, illicit, illegal, pornographic, sexist, homophobic or racist material using the Website;
• use the Website for any purpose other than for the purpose for which it was designed, including you must not use the Services in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes);
• upload any material that is owned or copyrighted by a third party;
• make copies of the Website;
• adapt, modify or tamper in any way with the Website;
• remove or alter any copyright, trade mark or other notice on or forming part of the Website or Our Content;
• act in any way that may harm our reputation or that of associated or interested parties or do anything at all contrary to the interests of us or the Website;
• use the Website in a way which infringes the Intellectual Property Rights of any third party;
• create derivative works from or translate the Website or Our Content;
• publish or otherwise communicate the Website or Our Content to the public, including by making it available online or sharing it with third parties;
• integrate the Website with third party data or Website, or make additions or changes to the Website, (including by incorporating APIs into the Website);
• intimidate, harass, impersonate, stalk, threaten, bully or endanger any other user of our Website or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment in connection with the Website;
• sell, loan, transfer, sub-licence, hire or otherwise dispose of the Website or Our Content to any third party;
• decompile or reverse engineer the Website or any part of it, or otherwise attempt to derive its source code; or
• attempt to circumvent any technological protection mechanism or other security feature of the Website.

If you become aware of misuse of the Services by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

You agree:

• to comply with each of your obligations in these Terms; and
• that information given to you through the Website, by us or another user, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information.

Intellectual property and data

Our content intellectual property

(Our ownership) We retain ownership of all Materials provided to you throughout the course of the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads) (Our Content) and reserve all rights in any Intellectual Property Rights owned or licensed by us in Our Content not expressly granted to you.

(Licence to you) You are granted a licence to Our Content, and you may make a temporary electronic copy of all or part of any materials provided to you, for the sole purpose of viewing them and using them for the purposes of the Services. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish those materials or any of Our Content without prior written consent from us or as otherwise permitted by law.

User data

You grant to us (and our Personnel) a non-exclusive, royalty free, non-transferable, worldwide and irrevocable licence to use User Data to the extent reasonably required to provide the Services, and for our internal business purposes, including to improve our Services, and including to apply machine learning and other analytics processes to the User Data, to gain commercial insights and other associated learnings, and to improve the Services, our business and our other products and services.

We reserve the right to remove any User Data at any time, for any reason, including where we deem User Data to be inappropriate, offensive, illicit, illegal, pornographic, sexist, homophobic or racist.

You are responsible for ensuring that:

• you share User Data only with intended recipients; and
• all User Data is appropriate and not in contravention of these Terms.

You:

• warrant that our use of User Data will not infringe any third-party Intellectual Property Rights; and
• indemnify us from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of such infringement.

Definitions

In these Terms:

• Intellectual Property Rights means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement;
• Material means tangible and intangible information, documents, reports, inventions, data and other materials in any media whatsoever; and
• User Data means any files, data, document, information or any other Materials, which is uploaded to the Website by you or which you otherwise provide to us under or in connection with these Terms, including any Intellectual Property Rights attaching to those materials.

Nature of services

The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The Services that we provide to you must be carried out with reasonable care and skill. In addition:

• where the price has not been agreed upfront, the cost of the Services must be reasonable; and
• where no time period has been agreed upfront for the provision of the Services, we must carry out the Services within a reasonable time.

We are under a legal duty to supply you with Services that are in conformity with this contract.

Faulty services

Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:

• contact us using the contact details at the top of this page; or
• visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.

Nothing in these Terms affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

If the Services we have provided to you are faulty, please contact us using the contact details at the top of this page.

End of contract

If this contract is ended it will not affect our right to receive any money which you owe to us under these Terms.

Warranties and liabilities

• Exclusion To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in these Terms are excluded.
• LiabilityTo the maximum extent permitted by applicable law, we limit all liability in aggregate of all claims to you for loss or damage of any kind, however arising whether in contract, tort, statute, equity, indemnity or otherwise, arising from or relating in any way to these Terms or any goods or services provided by us to the amount paid by you in the [3] months preceding the date of the event giving rise to the relevant liability.
• Indemnity You agree to indemnify us and our employees, contractors and agents (Personnel) in respect of all liability for any claim(s) by any person arising from your or your employee’s, client’s, contractor’s or agent’s:
  • breach of any third party intellectual property rights;
  • breach of any term of this agreement; or
  • negligent, wilful, fraudulent or criminal act or omission.
• Consequential loss To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this agreement or any goods or services provided by us.
• Unfair Contract Terms To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these Terms including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.

Nothing in this agreement shall exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.

Dispute resolution

A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.

A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.

Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

Force majeure

We will not be liable for any delay or failure to perform its obligations under this agreement if such delay or failure arises out of a Force Majeure Event.

If a Force Majeure Event occurs, we must use reasonable endeavours to notify you of:

• reasonable details of the Force Majeure Event; and
• so far as is known, the probable extent to which We will be unable to perform or be delayed in performing its obligations under this agreement.

Subject to compliance with clause 16(b), our relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.

For the purposes of this agreement, a ‘Force Majeure Event’ means any:

• act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
• strikes or other industrial action outside of the control of us;
• war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
• any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of us, to the extent it affects our ability to perform our obligations.

Notices

A notice or other communication to a party under these Terms must be:

• in writing and in English; and
• delivered via email to the other party, to the email address specified in the Order, or if no email address is specified in the Order, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

• 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
• when replied to by the other party,

whichever is earlier.

General

Governing law and jurisdiction

This agreement is governed by the law applying in England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

Third party rights

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

Waiver

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

Severance

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

Joint and several liability

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

Assignment

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

Entire agreement

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

Interpretation

• singular and plural words in the singular includes the plural (and vice versa);
• gender words indicating a gender includes the corresponding words of any other gender;
• defined terms if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
• person a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
• party a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
• this agreement a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms (this agreement), and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
• document a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
• headings headings and words in bold type are for convenience only and do not affect interpretation;
• includes the word “includes” and similar words in any form is not a word of limitation;
• adverse interpretation no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
• currency a reference to £, or “pounds”, is to Pound Sterling currency, unless otherwise agreed in writing.