Terms & Conditions

Effective Date: 1 Jan 2024

Welcome to Study Start, a platform operated by Builtneat Pty Ltd ("we," "our," or "us"), based in South Africa. These Terms and Conditions ("Terms") govern your use of the Study Start app and website (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Service.

1. Definitions

• "Service": The Study Start app and website offering career guidance and a directory of occupations and qualifications.
• "User": Anyone who accesses or uses the Service.
• "Content": All information, text, graphics, images, and other materials provided through the Service.
• "Personal Information": Information about an identifiable individual as defined under South African law.

2. Acceptance of Terms

By using the Service, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy.

3. Services Provided

Study Start provides career guidance and a directory of occupations and qualifications. The Service includes but is not limited to:

• Access to career information and guidance.
• A searchable directory of occupations and qualifications.
• Tools and resources to assist users in planning their educational and career paths.

4. User Obligations

As a User, you agree to:

• Provide accurate and up-to-date information.
• Use the Service in compliance with applicable laws and regulations.
• Not engage in any activity that could harm the Service or other Users.

5. Privacy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Service, you agree to the terms of our Privacy Policy.

6. Intellectual Property

All Content provided through the Service is the property of Builtneat Pty Ltd or its licensors and is protected by South African and international copyright laws. You may not reproduce, distribute, or create derivative works from any Content without our express written permission.

7. User Content

You may submit or post content (e.g., reviews, comments) to the Service. By submitting content, you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, and distribute such content in connection with the Service.

8. Prohibited Activities

You agree not to:

• Use the Service for any unlawful purpose.
• Interfere with or disrupt the Service or servers or networks connected to the Service.
• Transmit any viruses or any code of a destructive nature.
• Attempt to gain unauthorised access to any portion of the Service.

9. Termination

We reserve the right to terminate or suspend your access to the Service at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users of the Service, us, or third parties, or for any other reason.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available" without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

11. No Refunds

All purchases made through the Service are final and non-refundable. By making a purchase, you acknowledge that you have read, understood, and agree to these terms.

12. Limitation of Liability

To the maximum extent permitted by applicable law, Builtneat Pty Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

• Your use or inability to use the Service.
• Any unauthorised access to or use of our servers and/or any personal information stored therein.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of South Africa. Any disputes arising from these Terms or the use of the Service shall be subject to the exclusive jurisdiction of the courts of South Africa.

14. Changes to Terms

We may modify these Terms at any time by posting the revised Terms on the Service. Your continued use of the Service after such changes have been posted constitutes your acceptance of the new Terms.

15. Contact Information

For any questions about these Terms, please contact us at:

Builtneat Pty Ltd
Cape Town, South Africa
support@studystart.net

By using Study Start, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Effective Date: 1 Jan 2024

These terms and conditions (the “Terms and Conditions”), including the Privacy Policy and other documents referred to in these terms and conditions (the “Agreement”), constitute a legal agreement between you (hereinafter, “you” or “your”) and Builtneat Pty Ltd, trading as Study Start (hereinafter, “Study Start”), regarding your use of the Applications Service as described herein.

BY REGISTERING AND PAYING FOR THE APPLICATION SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THE AGREEMENT, DO NOT ACCESS OR USE THE STUDY START APPLICATIONS SERVICE.

If you have any questions or concerns about the terms of this Agreement, please contact us at support@studystart.net.

1. Definitions

• "Access Information": The user IDs and passwords provided to you by Study Start to access the Applications Service.
• "Agreement": Refers to these Terms and Conditions.
• "Applicable Law": Means any domestic or foreign law, rule, statute, subordinate legislation, regulation, by-law, order, ordinance, protocol, code, guideline, treaty, policy, notice, direction, or judicial, arbitral, administrative, ministerial, or departmental judgment, award, decree, directive, or other requirement or guideline published or in force at any time during the term of this Agreement which applies to or is otherwise intended to govern or regulate any person (including any Party), property, transaction, activity, event, or other matter, including any rule, order, judgment, directive, or other requirement or guideline issued by any Governmental or Regulatory Authority.
• "Application": Means the process by which you apply to higher learning institutions through the Study Start Applications Service.
• "Confidential Information": Means information considered confidential or proprietary by Study Start, including its business plan and strategy, designs, prototypes, data compilations, programs, methods, inventions, techniques, processes, client and user information, financial information, marketing information, intellectual property, business opportunities, or research and development.
• "Content": Refers to information, material, or content (including pricing, features, promotions, and information of third parties) contained on or provided through the Study Start platform to assist you in the application process.
• "Governmental or Regulatory Authority": Means any national, provincial, territorial, state, county, municipal, quasi-governmental, or self-regulatory department, authority, organisation, agency, commission, board, tribunal, dispute settlement panel or body, bureau, official, minister, Crown corporation, or court or other law, rule or regulation-making entity having or purporting to have jurisdiction over Study Start, you, or any other person, property, transaction, activity, event, or other matter related to this Agreement, including subdivisions of, political subdivisions of, and other entities created by such entities.
• "Party": Means each of Study Start and you, and "Parties" means Study Start and you collectively.
• "Personal Information": Means information about an identifiable individual.
• "Privacy Policy": Refers to Study Start’s privacy practices as set out in a separate document.
• "Services": Refers to the Applications Service provided by Study Start, as detailed below.
• "Your Data": Means personal and other information submitted by you to Study Start for the purpose of using the Applications Service.

2. Services

Study Start’s Applications Service consists of the following:

• Providing access to information, material, and content related to the application process for higher learning institutions in South Africa.
• Assisting you with filling out forms, understanding requirements, and tracking your application status.
• Facilitating applications to up to 3 South African institutions of higher learning, including subsidising admission fees up to R400.
• Offering customer support via email.
• Providing one year of access to the Study Start platform.

3. License to Use the Study Start Platform

Subject to the terms and conditions in this Agreement and any restrictions contained in the Content, Study Start grants you a personal, non-exclusive, revocable, non-transferable license to access the Study Start platform solely for the purposes of using the Applications Service, viewing the Content, and submitting applications to higher learning institutions.

4. Your Data

Your Data Must be Complete and Accurate

To use the Applications Service, you must:

• Provide up-to-date, complete, and accurate Personal Information and other data required by Study Start, including but not limited to your name, contact information, citisenship and legal status, gender, date of birth, home and mailing address, marital status, emergency contact information, financial information, educational qualifications, employment information, transcripts, language test scores, portfolios, identity or birth certificate documentation, and any other information required for the application process.
• Provide up-to-date, complete, and accurate payment information as required by Study Start or its third-party payment processor (which may include a valid Paystack account or credit card information).
• Obtain all relevant permissions from any affected third party for Study Start to collect Your Data.

Quality of Your Data and Feedback

Study Start does not assess Your Data for quality. Study Start, higher learning institutions, and other third parties to whom Study Start is permitted to pass Your Data may rely on the accuracy of Your Data provided by you.

Consent to Processing of Your Data

By using the Applications Service, you explicitly consent to:

• Study Start’s provision of Your Data to any higher learning institution, visa agencies, test score organisations, professional bodies, service providers, and Governmental or Regulatory Authorities.
• Communications from Study Start (including marketing and informational emails) regarding the Applications Service and other Study Start products and services.

Ownership of Your Data

Nothing herein transfers any ownership of Your Data to Study Start in its original form.

Privacy Policy

Your Personal Information will be handled in accordance with Study Start’s Privacy Policy.

5. De-Identified Data

Study Start may use Your Data and data regarding your use of the Applications Service in aggregated, de-identified form for business purposes, including enhancing and fixing the Study Start platform, performing analytics, marketing, and selling such de-identified data. Study Start will own all intellectual property rights in the output of its use of such de-identified data.

6. Access Information

Study Start will provide you with Access Information to allow you to use the Applications Service. The Access Information is personal to you, and you must not permit anyone other than your authorised representatives to access the platform using your Access Information.

7. Your Representations and Warranties

You represent and warrant that:

• You have reached the age of majority in your jurisdiction of residence and have the legal authority to create a binding legal obligation.
• You will not permit anyone other than yourself or your authorised representative to access the Applications Service using your Access Information.
• You will use the Applications Service in accordance with this Agreement and Applicable Law.
• Your Data is true, accurate, current, and complete, and you will promptly update Your Data if it becomes inaccurate.
• You will not use the Applications Service to provide commercial services to any third party.
• You have the right and authority to enter into this Agreement and use the Applications Service.
• You are not located in a country that is subject to South African Government embargo or sanctions preventing you from becoming a student.
• You are not listed on any South African Government or Regulatory Authority list of prohibited or restricted parties.
• You will not interfere with, degrade, or adversely affect the platform, software, systems, networks, or data of Study Start or other users.
• You will not commit or facilitate any illegal or tortious acts using the Applications Service.
• You will comply with all additional restrictions and conditions applicable to your use of the Applications Service.

8. Restrictions and Limitations on Your Use of the Applications Service

The Applications Service is not for time-sensitive applications.

You will not copy, modify, distribute, reverse engineer, decompile, or otherwise tamper with the Study Start platform.

You will not use bots, viruses, or any other malicious code to interfere with the platform.

9. Changes to Terms and Conditions; Changes to the Applications Service; Right to Edit and Remove Your Data; Suspension or Termination

Study Start reserves the right to change these Terms and Conditions at any time without notice. Your continued use of the Applications Service indicates your acceptance of such changes.

Study Start reserves the right to change, suspend, or discontinue the Applications Service at any time without notice.

Study Start reserves the right to review and remove Your Data that it deems unlawful, obscene, abusive, or otherwise objectionable.

Study Start may suspend or terminate your access to the Applications Service without liability if you breach this Agreement or engage in abusive or fraudulent conduct.

10. Your Obligation to Report Errors

You must promptly report any errors, problems, nonconformities, or other difficulties with the Applications Service to Study Start.

11. Submissions

Any suggestions, bug reports, or other communications regarding the functionality of the Applications Service that you provide to Study Start are considered non-confidential and may be used by Study Start without compensation to you.

12. Fees, Payment, and Taxes

You must pay all applicable fees in connection with the Applications Service, as set forth on the Study Start website.

Fees are non-refundable, and Study Start reserves the right to change fees upon reasonable notice.

If your payment method is rejected, you will be responsible for any associated fees and charges.

Study Start may charge interest on overdue payments and will be entitled to collect all reasonable fees and costs associated with overdue payments.

13. Confidential Information

You must keep the terms of this Agreement and all information provided by Study Start confidential. You must also protect Study Start’s Confidential Information and not disclose it without authorisation.

14. Intellectual Property

The Study Start platform is owned by Study Start or its licensors and is protected by South African and international copyright laws. You do not acquire any intellectual property or other proprietary rights under this Agreement.

15. Term and Termination

This Agreement will commence upon your acceptance of these Terms and Conditions.

This Agreement may be terminated by either Party with 30 days’ written notice.

Study Start may terminate this Agreement immediately for cause if you breach this Agreement or if Study Start is prevented from providing the Applications Service due to your acts or omissions, third-party acts or omissions, or Applicable Law.

16. Effect of Termination or Expiry

Upon termination or expiry of this Agreement, you must cease all use of the Applications Service. Termination or expiry does not affect your obligation to pay any accrued fees.

17. Disclaimers

The Applications Service is provided “as is” without warranties or conditions of any kind.

Study Start is not responsible for any reliance you place on Content obtained through the Applications Service.

Study Start is not liable for any issues with third parties, including higher learning institutions or visa authorities, related to your application.

Study Start is not responsible for any unauthorised use of your Access Information.

Study Start does not guarantee the confidentiality or security of data transmitted over the Internet.

18. Your Indemnities

You will indemnify, defend, and hold harmless Study Start and its affiliates from any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses arising out of your use of the Applications Service, your breach of this Agreement, or your infringement of any third-party rights.

19. Limitation of Liability

To the maximum extent permitted by law, Study Start’s total aggregate liability for any claims related to this Agreement or your use of the Applications Service is limited to R3,000.

Study Start is not liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from your use of the Applications Service.

20. General

The terms “include” and “including” mean “include without limitation” and “including without limitation.”

This Agreement is governed by the laws of South Africa.

Any notices required under this Agreement must be in writing and delivered by hand, registered mail, courier, facsimile, or email.

No waiver of any breach or omission by either Party will be binding unless made in writing and signed by the Party waiving the breach.

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

This Agreement constitutes the entire agreement between the Parties and supersedes all previous agreements regarding the subject matter.

By registering you are entering into a legally binding contract.

21. Contact

Any questions regarding this Agreement or the Applications Service should be directed to Study Start at support@studystart.net.