Buddy User Terms and Conditions

Date of last update – 17/03/2020

  1. By choosing to use this Website and the services contained therein and by agreeing to these Terms, an Agreement is formed between you and Univiser. The Agreement will continue for as long as you continue to use this Website and the services contained therein.
  2. Univiser is an online chat service provided, on behalf of our licensed institutes, hosted on our website at www.univiser.io, integrated via widgets on an institute website. The Service will allow prospective students/parents/guardians (hereinafter referred to as users) of the licensed institute to chat with current students and/or alumni of the said institute (hereinafter referred to as Student Representatives).
  3. Univiser is a service operated by Univiser (Pvt) Ltd. Univiser is a private limited company registered in Sri Lanka under Companies Act No. 7 of 2007 having its registered office at No. 20, Bawa Place, Borella, Colombo 08. If you wish to contact Univiser, please email hello@univiser.io.
  4. Univiser retains the right to amend these Terms and conditions from time to time. Every time you wish to use Univiser, please check these Terms to ensure you understand the terms that apply at that time.
  5. Univiser does not guarantee that Univiser, or any content on it, will always be available or be uninterrupted. Univiser may suspend or withdraw or restrict the availability of all or any part of Univiser for business and operational reasons. Univiser will endeavor to give you reasonable notice of any suspension or withdrawal.
  6. The Student Representative acknowledges that the Student Representative will be providing these services on a voluntary basis and that Institute and/or Univiser (pvt) Ltd is in no way responsible for making any payments to the said student representatives unless or otherwise agreed beforehand.
  7. Obligations of the Student Representatives
    1. The Student Representative undertakes that,
      1. all statements made by the student representative using the service/website are authentic and are made in good faith;
      2. if the student representative is unaware of any facts, they will disclose the same and/or obtain the accurate information before providing the said information to the user;
      3. the student representative will at all times behave in an ethical and moral manner, and shall refrain from making any statements which may offend the users and/or the institute and/or Univiser, including but not limited to refraining from the use of any profanity, hate speech, sexually offensive statements, etc.
      4. the student representative should keep their log-in credentials secret and not share the same with any other person;
      5. the student representative will aim to respond to all queries received from users within 4 hours of receiving them;
      6. the student representative will have all conversations with the users within the platform only and not seek any personal details of the user, nor share their personal information with any user;
      7. if the student representative feels that any of the chat conversations they may have are inappropriate, they will inform the Institute coordinator immediately;
      8. if the student representative is unable to perform their duty they should inform the Institute coordinator of the same at the earliest possible instance.
    2. Where a Student Representative is unable to perform their duties temporarily (due to sickness, traveling abroad, etc.), the Student Representative must inform the same by the Institute Coordinator by way of Email and the said Coordinator will in turn inform the same to Univiser (pvt) Ltd who will temporarily deactivate the profile of the said Student Representative, until such time that the Student Representative is able to perform his/her duties.
    3. Where a Student Representative wishes to terminate their profile permanently, the Student Representative must inform the same by the Institute Coordinator by way of Email and the said Coordinator will in turn inform the same to Univiser (pvt) Ltd who will permanently deactivate the profile of the said Student Representative.
    4. The Student Representative shall not use the services provided by Univiser for any purpose other than the intended & approved use set out in this Agreement.
    5. The Student Representative undertakes to indemnify Univiser and keep it indemnified against all liabilities, losses, costs, damages, expenses, demands, proceedings, claims and actions Univiser may suffer or incur (including all legal and other charges and expenses which may be incurred) of whatever nature and howsoever arising as a result of the failure of the Student Representative to comply with the terms of this Agreement.
    6. The Student Representative agrees that any content you upload to Univiser will be considered non-confidential and non-proprietary. You agree and authorize Univiser to use, store and copy any such content and to distribute and make it available on behalf of the licensed institute of Univiser that the Student Representative is representing.
    7. The Student Representative must not misuse Univiser by knowingly introducing viruses, trojans, worms, logic bombs or other material that are malicious or technologically harmful. You must not attempt to gain unauthorized access to Univiser, the server on which Univiser is stored or any server, computer or database connected to Univiser. You must not attack Univiser via a denial-of-service attack or a distributed denial-of service attack.
  8. Obligations of Univiser
    1. Univiser shall make available a service for Student Representatives of licensed institutes of Univiser, to chat with prospective students of the licensed institute of Univiser online, in order for the prospective students to obtain information regarding the student experience of the said institute.
    2. Univsier shall provide the Student Representatives with the aforementioned service through an online web interface application administered by Univsier.
    3. Univiser shall make all efforts to inform the Student Representatives of any interruption to the services due to any scheduled maintenance, at least 12 hours prior to said interruption.
    4. Univiser agrees to take steps to promptly respond to the complaints made by the Student Representatives regarding the service and rectify any problems/interruptions to the said service forthwith.
    5. Univiser shall warrant, represent and undertake throughout the Agreement period that it shall comply with all laws and regulations applicable to the provisions of the said service.
    6. Univiser shall not use the information disclosed by the Student Representatives for any other purposes other than the purposes disclosed in this Agreement.
  9. Data Privacy, Security and Maintenance
    1. Univiser reserves the right to use the student representatives name, profile picture and bio page on any social media platforms for the purpose of advertising the Institute and/or the chat service hosted by the Institute on the website
    2. Univiser reserves the right to save and access the conversation history between the Student Representative and the user in order to enable Univiser to understand the queries and concerns of the parties and to improve the website and to serve the parties with an improved experience in the future.
    3. Univiser shall take all appropriate and necessary measures to keep the conversation history between Student Representative and the user confidential and shall anonymise user specific information prior to disclosing any such conversation history to the institute.
    4. Univiser may from time to time collect further information regarding the Student Representatives visits to the website and the use of the service to administer and improve the services and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes. To ensure the content on our website and services is presented in the most effective manner to the parties.
    5. Univiser reserves the right to hold the above information for as long as is necessary in order to provide you with the Services, deal with any specific issues that may raise, or otherwise as is required by law or any relevant regulatory body. We shall endeavour to delete your personal data within 30 days however some personal data may need to be retained for longer than this to ensure Univiser can comply with internal compliance procedures.
    6. Univiser will restrict access to your personal information to those persons who need to use it for the relevant purpose(s). Our retention periods are based on business needs and your information that is no longer needed is either irreversibly anonymized (and the anonymized information may be retained) or securely destroyed.
    7. Univisier will not sell your personal data (or any other data you provide us with) to third-parties; however, we reserve the right to share any data which has been anonymised and/or aggregated. You acknowledge and accept that we own all right, title and interest in and to any derived data or aggregated and/or anonymised data collected or created by us, including extracting questions and answers submitted by users and Student Representatives of the licensed institute.
  10. Termination
    1. Univiser reserves the right to determine, at its discretion, whether there has been a breach of this Terms of Use and/or the Privacy policy. Where such a breach has occurred, Univiser may take such action as we deem appropriate.
    2. Failure to comply with the Terms of Use and/or the Privacy policy constitutes a material breach upon which you are permitted to use Univiser, and may result in Univiser taking all or any of the following actions:
      1. Immediate, temporary or permanent withdrawal of your right to use Univiser.
      2. Immediate, temporary or permanent removal of any posting or material uploaded by you to Univiser.
      3. Issue of a warning to you.
      4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
      5. Further legal action against you.
      6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
    3. In the event the Student Representative is in breach of its obligations and responsibilities set forth in this Agreement, Univiser is entitled to terminate this Agreement without prior notice.
  11. All the provisions of this Agreement shall be considered as separate terms and conditions and in the event that this Agreement is affected by any legislation or any amendments thereto, or if the provisions herein contained are held to be illegal, invalid, prohibited or unenforceable, any such provisions shall be ineffective only to the extent of the illegality, invalidity, prohibition or unenforceability and all other provisions hereof shall remain in full force and effect as if the illegal, invalid, prohibited or unenforceable provisions were not a part hereof.
  12. Any notice to the Student Representative will be effective when Univiser sends it to the last updated email address provided by you to Univiser. Any notice to us will be effective when you send it to our email address hello@univiser.io.
  13. Trademarks and Copyrights
    1. The trademarks, brands, names, logos and designs ("Trademarks") of Univiser, are the property of Univiser (Pvt) Ltd. You may not remove or alter any Trademark and you may not use any trademark displayed on the Site without the express prior written permission of Univiser (Pvt) Ltd. All rights not expressly granted herein are reserved.
    2. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material owned by Univiser is strictly prohibited without the express written consent of the copyright owners.
  14. Applicable Law And Dispute Resolution
    1. This Agreement shall be governed by and construed in all aspects in accordance with the laws of Sri Lanka.
    2. Any doubt, difference, controversy, dispute or claim arising from, out of or in connection with this agreement or on the interpretation thereof or on the rights, duties, obligations or liabilities of any parties thereto or on the operation, breach, termination, invalidity thereof – shall in the first instance attempted to be resolved amicably by a process of mutual negotiation and discussion between the Parties, and if the same cannot be resolved amicably within thirty(30) days either Party may require that the dispute be referred for resolution by Arbitration in Sri Lanka.
    3. The Arbitration shall be conducted To Arbitration in accordance with the rules of the Arbitration Centre of the Institute for the Development of Commercial Law and Practice, Sri Lanka. The Party seeking to refer such claim, dispute or difference for Arbitration (‘the First Party’) shall appoint an Arbitrator and provide the other party (‘the Other Party’) written notice of same. The Other Party shall, within fourteen days of notice of such appointment, accept the Arbitrator so appointed or appoint a second Arbitrator, and the two Arbitrators shall within one week thereof jointly appoint a third arbitrator who shall be the Chairman of the Panel of Arbitrators who shall proceed to determine the matter/s in dispute. Where the Other Party fails to consent to the Arbitrator or appoint an arbitrator as aforesaid the arbitrator appointed by the First (1st) Party shall proceed to determine the dispute as sole arbitrator. The Arbitration shall be conducted under the provisions of the Arbitration Act No. 11 of 1995 of Sri Lanka. The Arbitration proceedings shall be conducted in the English Language and be held in Colombo, Sri Lanka.
    4. The decision of the Arbitrator or Panel of Arbitrators, as the case may be, shall be final and conclusive and binding upon the Parties to the dispute. Each of the Parties shall be entitled to endorse the Arbitral Award and seek enforcement thereof before a Court of Competent Jurisdiction in terms of the Laws of Sri Lanka - to the jurisdiction of which the Parties hereby expressly consent.
    5. The cost of arbitration shall be charged in equal proportion to the Parties. The obligations of the Parties under and in terms of this agreement shall continue during the Arbitration proceedings and the obligations of the Parties other than those under dispute shall not be withheld or suspended on account of such proceedings.
  15. This Agreement shall not be construed to create any relationship of principal and agent between the Parties hereto and neither party shall create any contractual obligation to any third party on behalf of the other.