About Uniting App
Welcome to UNITING APP, a product of Preston Consulting and EdTech Private Limited (“Uniting”, “we”, “us”, “our”).
Preston is a private limited company registered in India under the Companies Act, 2013, that primarily focuses on international higher education for “prospective students” and their global mobility and facilitates their admission to various higher education institutions across the world.
Uniting is a software application (chat application) designed specifically to facilitate information exchange about international higher education through, text, audio and video chats, aimed to bring together global student community where the alumni / seniors (“Mentors”) who graduated or currently pursuing any course in any foreign university that are enlisted would answer questions put forth by prospective students about studying abroad.
“Prospective Students”, “Mentor” and “Parents of Prospective Students” being the Users of the Uniting App are covered under the term “User” in capacity which they are using the App. May be referred as “You” or “Your” in reference to them.
Terms And Conditions
You may register yourself in Uniting under any of the below categories after carefully understanding and agreeing to the detailed terms and conditions:
If you continue to browse or use this Application, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement (“Terms”) which govern our relationship with you in relation to this Uniting Application. If you disagree with any part of these Terms, please do not use our Uniting Application.
Uniting administers and operates the application from its location in India; however, the application will also be made accessible to Prospective Students and Mentors from countries outside India, albeit all features, or services discussed, referenced, provided or offered through or on the Application are available to all persons or in all geographic locations, or appropriate or available for use outside India. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, or service to any person or geographic area. If you choose to access the Application from outside India, you do so on your own initiative and you are solely responsible for complying with applicable local laws in the country of your current residence.
By continuing to use the Uniting application, you acknowledge that this Agreement is a contract between you and Uniting, even though it is electronic and is not physically signed by you, and it governs your use of our Application and Services. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Services) Rules, 2011.
Accessing, Reviewing And Changing Your Profile
Following registration, you can review and change the information you submitted during registration. If you change any information we may keep track of your old information. You can change your registration information by sending an email to firstname.lastname@example.org
To remove your profile so that others cannot view it, contact our customer support team at email@example.com.
Understanding the terms
Mentor & Prospective Student:
For the purpose of this Agreement, the term ‘Mentor’ shall mean and include any person who has either graduated or currently pursuing any course in any of the enlisted foreign universities and who registers with Uniting by agreeing to these terms and conditions. In simple words, the Mentor must be an alumni / senior of any of the enlisted foreign universities.
A ‘prospective student’ is the one who aspires to study abroad in foreign universities, and who is aspiring to pursue higher education in any of the enlisted foreign universities for undergraduate / postgraduate courses.
Parents of Prospective Students:
The parents of the Prospective students may also register on Uniting individually and may have access to all the information/chats that the students exchange with the Mentors and would be able to chat with the mentors along with their wards (Prospective Students). The accounts of the Prospective Student and the parents of Prospective Student may be connected.
Parents of Prospective Student may individually chat with Mentors in order to clarify their doubts. Further the Students may chat individually or invite their parents to connect with Mentors.
The words used herein regardless of the number and gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine or neuter, as the context requires.
To fully avail the Services of Uniting and use of it, registration is required. The Mentor or Prospective Students or Parents of Prospective Students can log in using their mobile number and OTP. Data like First Name, Last Name & Email ID are collected during the sign up process. Application also collects other data like mobile time zone, citizenship, IMEI number and IP (during sign up, when Prospective Student become Current Student, Current Student becomes Prospective Student, for every message sent & received). The name in the profile can be changed on request by sending email to firstname.lastname@example.org. Apart from the above, if any other details are required by the application, the user data shall be collected by the Application via email (email@example.com).
Further, at any time during your use of this Application, including but not limited to the time of registration, you are solely responsible for protecting the confidentiality of mobile number and OTP, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, we hold the right to permanently suspend Your account. You are responsible for safeguarding your OTP. You agree that you will not disclose your OTP to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.
Control of Your OTP
The User can log in using mobile number. At any time during your use of this Application, including but not limited to the time of registration, you are solely responsible for protecting the confidentiality of your mobile number and OTP, and any activity under the account shall be deemed to have been done by You. You are responsible for safeguarding your OTP. You agree that you will not disclose your OTP to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions.
You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of our rights, duties and obligations under this document and other policies followed by Us. Such contact shall be made only in pursuance of such objectives, and no other calls shall be made.
In addition, You may also be contacted by Third Parties who may have access to the information disclosed by You or to whom We may have disclosed Your information for purposes such as, but not limited to, statistical compilations.
The downloading and installing of this Application is free of cost. Upon installation of the Application, the Prospective students is given free access for continuous use of application. However, we reserve the right to amend this policy and charge Users for downloading and installing the Application. In the event of such change in policy, Users shall be intimated of the same via email/telephone/mobile push notification and such change shall be effective as soon as Users have been intimated. Subsequent to such change, it is the choice of the User whether or not to continue with the services offered by Us.
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
From time to time, the Application may automatically check the version of the Application installed on the Authorised Device and, if applicable, provide updates for the Application (Hereinafter referred to as “Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Application. By installing the Application, You authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Application and Updates shall be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates).
Actions Undertaken By The Application On Your Device:
Upon download and installation of the Application, you grant the following permissions to the Applications to perform the following actions on the device You have installed the Application in.
This Uniting App may contain links to other websites that are not under the control of and are not maintained by Uniting. Uniting is not responsible for the content or reliability of the linked websites. Uniting provides these links for the convenience of users only but does not endorse the material on those sites.
In addition to other terms as set forth in the Agreement, Mentor and/or Prospective student are prohibited from using this Uniting app and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. Uniting reserves the right to terminate your use of the Website and Services for violating any of the prohibited uses.
The Users understand that all information, materials, payment lists, fees, courses offered and other information or documents that are shared by Uniting with them under the scope of services covered under this Agreement are the exclusive property of Uniting, and are privileged confidential information. The User agrees not to reveal this information to anyone, nor to use this information to the detriment of Uniting in any manner.
Intellectual property rights and IP Complaints:
"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Uniting or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Uniting. All trademarks, service marks, graphics and logos used in connection with the Application and Services, are trademarks or registered trademarks of Uniting or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Application and Services grants you no right or license to reproduce or otherwise use any of the Uniting or third-party trademarks.
All information, content, services and software displayed on, transmitted through, or used in connection with the Application, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the "Content"), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Application, and solely for your personal, non-commercial use.
You may not republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Application, not to insert any code or product or manipulate the content of the Application in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
We respect the intellectual property of others. If You believe Your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Application, please email us at firstname.lastname@example.org Information and Content provided by the User by providing information to, communicating with, and/or placing material on, the Application, including for example but not limited to, communication during any registration and communication on the bulletin board, message or chat area, You represent and warrant:
For all such information and material, you grant us, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all our affiliated Applications, to include the information in a searchable format accessible by users of the Application and other affiliated Applications, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
Limitation of liability:
To the fullest extent permitted by applicable law, in no event will Uniting, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Uniting and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount actually paid in cash by you to Uniting for the prior one-month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Disclaimer Of Warranties And Liabilities
You expressly understand and agree that, to the maximum extent permitted by applicable law:
The application, services and other materials provided by this application is on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. without limiting the foregoing, Uniting makes no warranty that:
You agree to indemnify and hold Uniting and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Application and Services or any wilful misconduct on your part.
Uniting App and all users on our platform act independently while providing consultation and advice. These users provide consultation about Admissions and Student Visa application only and Uniting App, and its users never promise or guarantee admission confirmation in any university or higher education institutions nor give any guarantee for visa approval.
The failure by Uniting to enforce at any time or for any period any one or more of the Terms shall not be a waiver of them or the right at any time subsequently to enforce all Terms.
If any provision of these Terms shall be found by any court to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect.
If any provision of these Terms is so found to be invalid or unenforceable but would be valid or enforceable if some parts of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable.
Dispute resolution, Governing law & Jurisdiction:
Any complaint, dispute or matters related to prospective students may be made by the Mentor to Uniting, which may if it deems necessary, mediate such complaints and disputes.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Tamil Nadu, India without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of India. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Tamil Nadu, India, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
We reserve the right to modify, replace, refuse access to, suspend or discontinue the services, partially or entirely, or add, change and modify prices for all or part of the services for you or for all users at any time and in our sole discretion. These changes shall become effective upon providing a notice of the same to you via email/ on the home screen of the Application. We further reserve the right to withhold, remove and or discard any content available as part of your account, with or without notice, if deemed by us to be contrary to this Agreement.
The Application has no obligation to provide You with a copy of the information You or any other User provides on the Application or that the Application has accessed.
Further, we reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/or by posting a notice on the home screen of the Application.
You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage you to frequently open the Application to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Application. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Exclusion of Third-Party Rights:
These Terms are for the benefit of Uniting and the users i.e. Mentor & Prospective student, and are not intended to benefit any third party or be enforceable by any third party. The exercise of the rights by Uniting and the Mentor / Prospective student in relation to these Terms is not subject to the consent of any third party.
These Terms constitute the entire agreement between Uniting and the Mentor / Prospective student/ Parents of Prospective Student in relation to the use of Uniting App, and supersede all previous agreements in respect of the use of this Uniting App. A separate Mentoring Partnership Agreement is entered into between the Mentor and Uniting which guide the terms of engagement between the Mentor and Uniting.
Abidance To Law:
The Mentor declares that he is a law-abiding citizen of the country where he is currently/ studying/working/residing currently and has conducted thorough legal verification to ensure that there is no bar under any law, rules, regulations, VISA guidelines, government or university circulars and notifications, to register himself with Uniting and provide online overseas education counselling to prospective students. Uniting is not remotely liable for any false information provided by the Mentor. Further, the contract with the mentor may be terminated without giving any prior notice to the concerned mentor, if they have suppressed or given false information, especially about matters impacting fitness or suitability for the post.
Freelancer And Not Employer:
The Mentor understands that this Agreement does not create any employer – employee relationship between Uniting and Mentor.
The Mentor has registered with Uniting solely as a freelancer and is merely bound by the Mentoring Partnership Agreement entered between them and Uniting. They could be employed full time in any other company, but will register on Uniting only in the capacity of a Freelancer.
The Mentor represents and warrants that all the information provided herein to Uniting in Uniting are true and accurate, and undertakes to keep the profile updated at all times.
The Mentor agrees that Uniting has all the rights to use and publish the photograph, entire personal and academic profile of the Mentor in the Uniting app, marketing brochures and social media platforms to be accessed by the public and the prospective students.
The Mentor understands that this Agreement is non-exclusive and Uniting shall accept registrations from any number of mentors and prospective students.
Role, duties and responsibilities of Uniting:
Uniting shall provide information to Mentors and Prospective students regarding degrees offered by different universities in specific countries.
Uniting will perform online and offline marketing activities to generate prospective student leads.
Uniting's role is limited only to facilitate information exchange between the mentor and prospective students relating to higher education degree, universities and study destination.
This User Agreement is effective unless and until terminated by either you or the Company. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Website. The Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the application. The Application allows one or more alumni or current students as Mentors per course and university/institution and has the right to choose the current student as per its own discretion.
(for Mentor, Prospective Student and parents of Prospective Student)
This privacy statement applies to the collection, use and disclosure of personal information that Uniting collects through this software application for conducting our business.
Uniting uses the personal information of mentors solely for the purpose of review by the prospective students and public, to enable their preference to chat with the mentors for online overseas education guidance and counselling. Uniting uses the personal information of the prospective students solely for the purpose of providing them with information about our overseas education counselling. Uniting may also use your information to contact you via email or phone, to enhance our quality in delivering best service to the mentors and prospective students.
Your information is regarded as confidential and therefore will not be divulged to any third party, unless if legally required to do so to the appropriate authorities.
We will not sell, share, or rent your personal information to any third party or use your email address for unsolicited mail. Any emails sent by us will only be in connection with the provision of agreed services and products.
As a matter of policy, we do not sell or rent any personally identifiable information about you to any third party. However, the following describes some of the ways that your personally identifiable information may be disclosed.
Uniting does not disclose your personal information to any third parties unless required by law. However, Uniting may use third-party tools and services to manage and analyse our outreach to the prospective students and mentors, which may have access to your personal information.
Uniting takes all reasonable steps to protect your personal information from unauthorized access, use or disclosure. Uniting uses secure servers and encryption to protect your personal information.
You have the right to access and correct your personal information that Uniting holds. If you wish to access or correct your personal information, please contact Uniting using the contact details provided below.
If you have any questions or concerns regarding this privacy statement, please contact us at email@example.com.
External Service Providers:
There may be a number of services offered by external service providers that help you use our Applications. If you choose to use these optional services, and in the course of doing so, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their private policy.
Other Corporate Entities:
We share much of our data, including personally identifiable information about you, with our parent and/or subsidiaries that are committed to serving your online needs and related services, throughout the world. Such data will be shared for the sole purpose of enhancing your experience. To the extent that these entities have access to your information, they will treat it at least as protectively as they treat information they obtain from their other members. It is possible that We and/or its subsidiaries, or any combination of such, could merge with or be acquired by another business entity. Should such a combination occur, you should expect that we would share some or all of your information in order to continue to provide the service. You will receive notice of such an event (to the extent it occurs).
Law And Order:
We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can (and you authorize us to) disclose any information about you to law enforcement and other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability.
We will retain in our files information you have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce our terms and conditions. Further, such prior information is never completely removed from our databases due to technical and legal constraints, including stored 'back up' systems. Therefore, you should not expect that all of your personally identifiable information will be completely removed from our databases in response to your requests.
Other Information Collectors
We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by members inside and outside the company. We do not recommend transfer of sensitive information and bank account details via the Application. Users are recommended to do so offline, on the phone or via personal emails. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, "perfect security" does not exist on the Internet. You therefore agree that any security breaches beyond the control of our standard security procedures are at your sole risk and discretion.