Terms of Service
Last revised 20th December, 2024
Terms of Use
1. Introduction
These Terms of Use ("Terms") govern your use of the Scholarships Cafe website ("Site") and the services we provide ("Services"). By accessing or using the Site or Services, you agree to these Terms. If you do not agree, do not use the Site or Services. These Terms take effect upon your acceptance, which occurs when you click or check the applicable box, or, if earlier, when you access or use the Site or Services (the "Effective Date").
2. Updates to Terms
We may revise these Terms at any time. If changes are material, we will notify you via email, a notice on the Site, or other reasonable means. Your continued use of the Site or Services after such notification constitutes your acceptance of the updated Terms.
3. Access and Use of Services
3.1 Permitted Use
You may use the Site and Services in compliance with these Terms. Prohibited activities include:
Developing competitive products or services.
Monitoring the Site or Services for benchmarking or competitive purposes.
Blocking or obscuring advertisements on the Site.
3.2 Account Creation and Security
To access certain Services, you must create an account ("Account") linked to a valid email address. You are responsible for:
Securing your Account and its credentials.
Ensuring the accuracy of information in your Account.
Notifying us immediately of unauthorized access.
3.3 Third-Party Services
We may offer access to third-party services ("Separate Services"). Use of Separate Services is at your discretion, and we are not responsible for any issues arising from their use.
3.4 Changes to Services
We may modify or discontinue any Site features or Services without liability. Where possible, we will provide notice of material changes.
3.5 Suspension of Access
We may suspend your access to the Site or Services if:
You violate these Terms or applicable law.
A security risk is detected.
Maintenance is required.
Law enforcement or other authorities require it.
Payment obligations are not met.
4. Fees and Billing
4.1 Fees
Some Services require payment. Fees are listed on the Site and are payable in U.S. Dollars. We may change pricing with 30 days' notice. Failure to object within 14 days constitutes acceptance of the new pricing.
4.2 Billing
You authorize us to charge your payment method for one-time or recurring fees. Updates to payment details must be made three business days before the next billing cycle. Sales receipts are available upon request.
4.3 Refunds
Payments are non-refundable. Exceptions apply to free trials or unused Services during a billing cycle.
4.4 Taxes and Third-Party Fees
You are responsible for any applicable taxes, duties, and third-party fees (e.g., bank or payment processor fees). Ensure that payments are made in full without deductions.
5. Acceptable Use
5.1 Compliance with Laws
You agree to use the Site and Services lawfully and not to:
Engage in illegal, fraudulent, or harmful activities.
Upload or distribute malicious software.
Disable or interfere with the Site’s functionality.
5.2 Content Responsibility
While we may monitor and remove content, you are responsible for ensuring the content you upload complies with these Terms and applicable laws.
6. Publicity
By using our Services, you grant us the right to use your name, image, and related content for marketing and promotional purposes without compensation.
7. Warranties
7.1 Customer Representations
You represent that:
Content you submit is accurate and does not infringe third-party rights.
Necessary permissions have been obtained for all third-party content.
You are authorized to agree to these Terms.
7.2 Age Requirement
You confirm you are over 16 years old or a legally recognized entity.
8. Indemnification
You agree to indemnify and hold us harmless from any claims, losses, or liabilities arising from:
Your use of the Services.
Violation of these Terms.
Content submitted by you.
You will not settle any claims without our prior written consent.
9. Disclaimers and Limitation of Liability
9.1 Disclaimer of Warranties
The Site and Services are provided "as is" without warranties of any kind. We disclaim all implied warranties, including merchantability and fitness for a particular purpose.
9.2 Limitation of Liability
Our liability is limited to the amount you paid for Services in the last six months. We are not liable for indirect, incidental, or consequential damages.
10. Proprietary Rights and Confidentiality
10.1 Ownership of Content
You retain ownership of your content but grant us a license to use it for promotional purposes.
10.2 Confidential Information
You agree to maintain the confidentiality of any proprietary information disclosed to you in connection with the Services.
11. Links to the Site
You may link to our homepage or other pages, provided:
You do not replicate Site content
The link does not misrepresent your relationship with us.
12. Governing Law & Jurisdiction:
These Terms of Use are governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to conflicts of law provisions. All disputes arising from or related to these Terms of Use, the Scholarships Cafe website, and/or its services, which are not subject to binding arbitration (see below), will be subject to the exclusive jurisdiction of the courts located in Calgary, Alberta.
13. Binding Arbitration:
Any disputes arising out of or related to these Terms of Use, the Scholarships Cafe website, and/or the services provided will be resolved through binding arbitration under the rules of the Canadian Arbitration Association (or any other applicable arbitration body).
14. Termination
In addition to any other rights to suspend or terminate an account in the Terms of Use, we may terminate your right to access and use the Scholarships Cafe Service immediately, with or without notice, and without liability:
(i) if we suspect a breach of the Terms of Use or violation of applicable law,
(ii) if we are threatened with a legal claim, including for intellectual property infringement, related to the Scholarships Cafe Service, or
(iii) if we determine that the use of the Scholarships Cafe Service by you or our provision of the Scholarships Cafe Service has become impractical or unfeasible for any reason.
If you or we cancel or terminate your use of the Scholarships Cafe Service:
(i) we shall immediately terminate your access to the Service, including removing your entry from any scholarship opportunities or promotions in which you are enrolled as of the date of termination,
(ii) all fees and taxes that you are obliged to pay us, up to the effective date of termination, will be charged at the end of the then-current billing period,
(iii) there will be no refund of any amount already paid by you as of the effective date of termination, including any amount in respect of the period following the effective date of termination, and
(iv) we will maintain your Content for a period of time in our discretion in accordance with our Privacy Policy.
15. Promoted Scholarships
From time to time, Scholarships Cafe may receive compensation from a scholarship provider to visually highlight a scholarship or to move a scholarship to the top or near the top of the list of scholarships presented to you. Paid promotion of a scholarship does not constitute our endorsement or recommendation of that scholarship or the scholarship provider.
16. Student Representations and Warranties
If you are a student submitting a scholarship application, you represent and warrant that all information provided in your submission is true and accurate to the best of your knowledge. You further represent and warrant that you have not falsified, forged, altered, or otherwise modified any records or third-party documents provided as part of your submission. You understand and agree that we may, but are not obligated to, investigate and validate your submission, and you agree to fully cooperate with such investigation or validation exercise.
You also understand and agree that if you are awarded a scholarship, you are responsible for any and all tax obligations related to your scholarship. You should consult a tax professional to understand your obligations. If you are awarded a scholarship, you agree to provide us with any necessary information to process your scholarship award.
By submitting an application, you represent and warrant that your submission:
does not infringe upon the copyrights, trademarks, rights of privacy, publicity, or other intellectual property rights of any person or entity;
you have obtained permission from any person whose name, likeness, voice, or documents are used in the submission.
our re-publication of all or part of your submission will not violate any third-party rights; and
you will indemnify, defend, and hold us harmless from any claims related to your submission.
17. Copyright Notice
If you believe that any material on the Scholarships Cafe platform infringes your copyright rights, please contact our designated agent for Digital Millennium Copyright Act notices at:
Scholarships Cafe
Email: info@scholarshipscafe.com
In your notice, please include:
Your physical or electronic signature;
Identification of the copyrighted work you claim to have been infringed;
Identification of the material you claim to be infringing, and where it is located on the platform;
Your contact information;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law; and
A statement, under penalty of perjury, that the information in your notice is accurate.
18. Supplemental Terms for Scholarships Cafe for Business Users
These supplemental terms apply to your use of Scholarships Cafe for Business, our scholarship management platform for businesses, organizations, and institutions.
18.1 Personal Information Processing as Service Provider
We may collect and process certain information that identifies or relates to scholarship applicants (“Applicant PI”) on your behalf. We will only process Applicant PI as necessary to provide the Scholarships Cafe for Business Service and will not use it for other purposes unless required by law or authorized by you. We will provide reasonable assistance to help you respond to data subject requests regarding Applicant PI.
18.2 Limited License to Use Applicant PI for Marketing Purposes
We may use Applicant PI for our marketing purposes with your consent. If an applicant exercises their rights to prevent the sale of their personal information, we will respect their request and only process it for purposes related to providing the Scholarships Cafe for Business Service.
18.3 Compliance with Privacy Laws
We will comply with all applicable data privacy laws, including those specific to jurisdictions like the California Consumer Privacy Act (CCPA), and we expect you to do the same in processing Applicant PI.
18.4 Subprocessors
We will not disclose Applicant PI to third parties without your consent. If we do so, we will inform you of any changes to subprocessors and provide an opportunity for you to object. If we cannot reach an agreement, either party may terminate the service without liability.
18.5 Compliance Assessment
You may request an assessment of our data processing practices once per year. We will cooperate reasonably in facilitating this assessment, provided that it does not disrupt our operations.
19. Contact Us
If you have any questions or concerns about this term of service, please contact us at:
Scholarships Cafe
Email: info @scholarshipscafe.com
By using our platform and services, you acknowledge that you have read and understood this Terms of Service and agree to the terms outlined herein