User Terms and Conditions

Date of last update – 13/08/2018

  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.
  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. The services provided by Univiser is made available to use free of charge for users who visit this website. 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. Obligations of Univiser
    1. Univiser shall make available a service for users to have access to chat with current students and/or alumni of the licensed institute of Univiser online, in order to obtain information regarding the student experience of the said institute.
    2. Univsier shall provide the user with the aforementioned service through an online web interface application administered by Univsier.
    3. Any information obtained through the services provided by Univiser is intended as general information only. It is not intended to amount to advice on which you should solely rely. The user must develop his own views regarding the institute and/or the course of study before taking or refraining from any action on the basis of information obtained from the use of the services provided by Univiser.
    4. Univiser shall make all efforts to inform the user of any interruption to the services due to any scheduled maintenance, at least 12 hours prior to said interruption.
    5. Univiser agrees to take steps to promptly respond to the complaints made by the user regarding the service and rectify any problems/interruptions to the said service forthwith.
    6. 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.
    7. Univiser shall not use the information disclosed by the user for any other purposes other than the purposes disclosed in this Agreement.
  7. Obligations of the user
    1. Univiser is only intended for use by persons aged at least 15 years of age. By using this website and the services provided by the website, you, the user, confirms that you are over 15 years of age.

      1. The user will be asked to provide a valid email account as part of the security procedures in using Univiser. You agree to use the said information as confidential and to not disclose the same to any third party.
      2. Univiser reserves the right to disable any users access to the services provided by Univisier, whether chosen by you or allocated by us, at any time, if in our reasonable opinion, you have failed to comply with any of the provisions of these terms of use.
      3. If you know or suspect that anyone other than you has access to your username and email , you must promptly notify us at support@univiser.io
    2. The user agrees to disclose your full name, valid email address and telephone number at the time of using the services provided by Univiser

      1. The user agrees that Univiser may be authorized to store the chat sessions/history had between the user and the current students and/or alumni from licensed institutes on the browser cache of the users computer and/or mobile device, in order to make the same easily available and accessible to the user during the next chat session with the representative of the institution.
      2. The user may clear any chat sessions/history at any given time by clearing the browser cache, by clicking the option given on the interface at the time of exiting the said chat session.
      3. The user specifically agrees that in the event that the user is using the services provided by Univiser on a shared computer, the user will at the end of every chat session clear the chat session/history by clearing the browser cache, by clicking the option given on the interface at the time of exiting the said chat session.
      4. The user agrees that by clearing the said chat session/history, the user will lose all access to all the previous chat sessions/history had with any representative of the institution in the said browser unless they log in to the same via the link sent to the email address the user has provided to Univiser at the time of registering for the service.
    3. The user shall not use the services provided by Univiser for any purpose other than the intended & approved use set out in this Agreement.
    4. The user acknowledges that the services provided by Univiser allows you to interact with other users, including current students and/or alumni from licensed institutes. The information obtained through the service has not been verified or approved by Univiser. The views expressed by current students and/or alumni from the licensed institute do not represent the views of Univiser and/or the licensed institute but are solely the views of the current students and/or alumni of the licensed institute.
    5. The user agrees that any delay and/or failure on the part of the institute and/or any representative of the said institute to reply to any chat conversation had with the user is not attributable to Univiser and that Univiser is not liable for any damages, costs and/or losses which may be incurred by the user as a result of such delay and/or failure.
    6. The user 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 user to comply with the terms of this Agreement.
    7. The user 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 user was communicating with.
    8. The user 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 unauthorised 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.
    9. The user may share a link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of Univiser where none exists.
  8. Data Privacy, Security and Maintenance
    1. Univiser reserves the right to disclose the user’s name, email address and telephone number to the licensed institute, so that the institute may contact the user directly.
    2. Univiser reserves the right to save and access the conversation history between the user and the licensed institute and/or any representative of the institute in order to enable Univiser to understand the queries and concerns of user and to improve the website and to serve users with an improved experience in the future.
    3. Univiser shall take all appropriate and necessary measures to keep the conversation history between the user and the representative of the licensed institute 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 users 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 users.
    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 representative of the licensed institute.
  9. 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 user is in breach of its obligations and responsibilities set forth in this Agreement, Univiser is entitled to terminate this Agreement without prior notice.
  10. 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.
  11. Any notice to the user 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.
  12. 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 uou 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.
  13. 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.
  14. 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.

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