For purposes of these General Terms and Conditions (the “T&Cs”) and elsewhere on the website, “Better Studies BV” means Better Studies BV, a private limited liability company, having its registered seat and headquarters in Amsterdam, the Netherlands. Better Studies BV’s head office is located at Pieter Aertszstraat 30-3, 1073sm Amsterdam, Netherlands. Better Studies BV is listed in the Trade Register of Amsterdam, the Netherlands; Chamber of Commerce number 70619190, VAT number NL.858.396.877.B.01 These T&Cs will apply to any and all agreements and legal relations to which Better Studies BV acts as a supplier of Services to you, the end-user (“User”).
Study Smart With Chris (“SSWC”) provides services (“Services”) to User. The Services consist of the making available of the e-studying tool and knowledge as it is published by SSWC via the web at www.studysmartwithchris.com or a special portal (studysmartwithchris.com and efaqt.com (the “Website”)). SSWC provides the Services as is. SSWC may change the Services from time to time at its sole discretion.
SSWC provides User with Services that can be used as a tool in addition to User’s regular study methods. The Services do not replace any studying or learning material prescribed under any educational program. The results of studying with SSWC depend on the personal capacities of User together with the quality of content provided by User or other SSWC. SSWC does not make any representation as to the effectiveness or the results that can be obtained by using the Services.
Any charge for the Services does not include the cost of the use of an internet connection to access the Services, charged by the User’s internet provider.
The subscription plan to our Services consists of an initial charge and then followed by recurring period charges as agreed to when choosing the length of the subscription plan. For example a monthly, annual or another subscription period. By entering into this Agreement, User acknowledges that this subscription has an initial and recurring payment feature and that User accepts responsibility for all recurring charges prior to cancellation. As such, SSWC may submit periodic charges (e.g., monthly) without further authorization from User, until User provides notice for terminating this authorization. Such notice will take effect on the last day of the active subscription period. To terminate authorization or change payment method, User must log in to respective SSWC account and make changes through the ‘Preferences’ section in the user menu.
Auto-renewal. Following User’s initial subscription period User’s subscription will be automatically renewed. If User cancels during the initial period, the subscription will be ended at the end of the respective subscription period and the User’s account won’t be accessible anymore. The User will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
SSWC reserves the right at its absolute discretion not to renew a subscription at any time without giving any reasons for our decision.
Without prejudice to section 9, the information on the Website is generated by Users (“User Generated Content”). SSWC is entitled to moderate, redact, remove or review User Generated Content, but undertakes no commitment to actively do so. User Generated Content expresses the views, interpretation and perception of the author of the User Generated Content and of the underlying learning material and should, as such, not be attributed to SSWC.
The use of and reliance on User Generated Content of the User is User’s sole responsibility.
User accepts that SSWC, or educational institutions bear no responsibility for the accuracy or completeness of the User Generated Content. SSWC shall not be liable for User Generated Content.
User shall at its own expense indemnify SSWC from and against all claims, proceedings, costs (including legal costs), expenses and liabilities arising out of any allegation or claim that the User Generated Content submitted by User infringes any patent, copyright or other proprietary or protected right. SSWC may share the User Generated Content submitted by User with all other Users and third parties.
User hereby transfers all present and future rights of intellectual property vested in works submitted to the Website to SSWC, which transfer is hereby accepted by SSWC. If necessary to bring about a transfer of intellectual property right, User hereby irrevocably agrees to cooperate with and perform any legal act necessary to establish such transfer.
Insofar as any intellectual property rights are incapable of being (completely) transferred from the User to the SSWC, User hereby grants SSWC the exclusive, irrevocable, royalty-free, worldwide, perpetual right, with the right to grant sublicenses, to use those intellectual property rights in the broadest sense, which right is hereby accepted by SSWC.
Insofar as any personal or moral rights vest in User and insofar as permitted by law, User hereby waives all of her personal or moral rights.
User shall refrain from entering information into the Website that is in conflict with any applicable law or SSWC or third party’s rights. User shall not submit content or engage in activity, which may be considered harmful and/or hurtful to others. Behavior in violation of this provision will be grounds for immediate termination of the User’s account.
The agreement between SSWC and a User will remain in force indefinitely.
Parties may terminate the agreement at any time for any reason.
Termination will never result in a refund of payments made by the User, unless the User is entitled to a refund based on mandatory law.
SSWC will be entitled to amend these T&C’s.
In case of an amendment, the User will be informed by email or via the website. The most recent version of the T&C’s will be published at the Website. Amendment of the T&C’s by SSWC will entitle User to terminate the agreement.
Dutch law will apply to any and all legal relations between SSWC and the User.
This document has been revised on January 15th, 2014 and is updated on May 24th 2018