TERMS AND CONDITIONS
Welcome to StudEtree!
If you reside in the United-States or Canada, you are contracting with StudEtree.
1. Using StudEtree
StudEtree provides a textbook marketplace that allows users to buy ('Buyers') and sell ('Sellers') used textbooks. StudEtree does not own the textbooks on the App nor does it set prices for textbooks. Because sellers set textbook prices, they may be higher than face value. At no point does StudEtree purchase the textbooks from Sellers and resell them to Buyers.
If you use the Web Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You must create an account to list, sell or purchase textbooks and you must have a valid credit card or PayPal account ('Payment Method'). You acknowledge that StudEtree may charge your payment method for amounts you owe us, costs we incur or other losses arising out of your violation of this Agreement (including the Additional Policies). StudEtree reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. You may not create or use more than one account. All information you provide to create an account must be accurate and complete. You may not impersonate any other person or use a name that is not your own.
Once a request to withdraw funds from your StudEtree account is initiated, StudEtree has up to 24 hours to process this request. StudEtree is not responsible for any additional processing delays occured from your Financial Insitution or Payment Method. In addition, StudEtree is not responsible for any fees charged by your financial institution for transferring funds to and from your account.
Pricing textbooks is the sole responsibility of, and at the sole discretion of, Sellers and must be done in accordance with all applicable laws. Under no circumstances may you list photocopied textbooks.
COMMITMENT TO SUPPLY
By listing a textbook for sale, you are making a binding offer to sell that textbook to a Buyer who purchases the textbook for the price you have specified. When a Buyer accepts your offer by purchasing your textbook through StudEtree’s App or Services, you are contractually bound to deliver that exact textbook for the specified price. You are obligated to monitor your inventory and ensure all listings are accurate. Upon payment from Buyer, under no circumstances may Sellers cancel orders at one price and repost the same textbooks for a higher price. Failure to fulfill your orders will lead to charges as stated in the Seller Policies. At the time of the exchange, it is the Sellers responsibility to ensure that the Buyer confirms receipt of the textbook in the App via the confirmation button. StudEtree will not be responsible or liable for failure to do so.
When placing an order, you are entering into a binding contract with the Seller to purchase those textbooks. Payment is remitted to StudEtree and disbursed to the seller according to our payment policy. All Sales are Final. Except for canceled exchanges, you will not receive a refund for completed purchases. You cannot change or cancel any orders after the sale is complete. StudEtree is not responsible if the textbook recommended for a course is not acurate. Although StudEtree does their upmost to ensure that the textbooks associated to a course are acccurate, users must verify that the textbook is required for their course before purchase.
If a textbook does not meet the Buyers quality expectations, the Buyer is permitted to cancel the purchase. StudEtree will investigate any cancellations by contacting both parties involved in the transaction. Should both parties agree that the textbook did not meet the Buyers expectations and was not exchanged, the Buyer will receive a full refund. Should both parties disagree on the status of the exchange, priority will be given to the Buyer. StudEtree will not be held liable for refunding the wrong party. It is the Sellers responsibility to ensure that the Buyer confirms receipt in the App at the time of exchange. Should the Buyer be incapable of doing so at the time of exchange, the Seller should not exchange the textbook.
StudEtree may allow you but only through express written permission to engage in certain personal uses of StudEtree Content that include the ability to share certain StudEtree Content with others ("Social Distribution"). For example, the Services may allow you to send certain StudEtree Content to friends, display StudEtree Content on your personal web site or post StudEtree Content on a third party web site. You agree that you will not imply that you and StudEtree are affiliated in any way or that StudEtree approves of your comments. We reserve the right to revoke our permission for Social Distribution at any time and for any reason, and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection with the Social Distribution of StudEtree Content.
LICENSE TO USE SITE
StudEtree grants you a limited license to access and make personal use of the Web Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of StudEtree. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Web Site or any portion of the Web Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of StudEtree. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of StudEtree without express written consent. You may not use any meta tags or any other "hidden text" utilizing StudEtree’s name or trademarks without the express written consent of StudEtree. Any unauthorized use terminates the permission or license granted by StudEtree. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of StudEtree so long as the link does not portray StudEtree, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any StudEtree’s logo or other proprietary graphic or trademark as part of the link without express written permission.
The Web Site may include advertisements for, and links to, other web sites or resources and businesses operated by other persons, including booksellers ("Other Sites"). Other Sites are independent from StudEtree’s, and StudEtree’s is not responsible for examining or evaluating, and we do not warrant the offering of, any of these businesses or individuals or the content of the Other Sites. StudEtree’s does not assume any responsibility or liability for the actions, product and content of all these and any other third parties links to Other Sites are provided solely for your convenience. StudEtree’s does not sponsor or endorse any Other Sites or their content or the goods or services available through those Other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk. You should carefully review Other Sites’ privacy statements and other conditions of use.
SITE CHANGES AND AVAILABILITY
StudEtree reserves the right at any time to modify or discontinue, temporarily or permanently, the App, the Services, or any part of the App or Services with or without notice for any reason. StudEtree performs regularly scheduled maintenance. While we do our best to avoid customer impact, the App or our Services may be temporarily unavailable during maintenance periods.
StudEtree may charge service, fulfillment or other fees for using our Services (collectively referred to as 'Fees'). StudEtree reserves the right in its sole discretion to change Fees at any time as it deems appropriate, including after you list your textbooks.
2. Abusing StudEtree
When using the Site and/or the Services, you agree that you will not do any of the following:
- Use our Services if you are not able to form legally binding contracts (for example if you are under 18)
- Use the Site or the Services for unlawful purposes or in an unlawful manner
- Use StudEtree’s trademarks without our written permission
- Copy, reproduce, reverse engineer, modify, decompile, disassemble or otherwise attempt to derive source code from, create derivative works from, distribute, or publicly display any content (except for your information) or software from our Site, App or Services without the prior express written permission of StudEtree and the appropriate third party, as applicable
- Use any robot, spider, scraper, or other automated means to access our Site for any purpose without our express written permission
- Take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or otherwise interferes with the functioning of the Site
- Bypass our robot exclusion headers, robots.txt rules or any other measures we may use to prevent or restrict access to our Site or Services; or
- Do anything else that StudEtree determines, in its sole discretion, misuses the Site or Services or otherwise negatively impacts our marketplace
In our effort to protect our Buyers and Sellers we may screen textbook sales or listings for signs of fraud using algorithms or automated systems, which may result in automatic cancellation of listings or sales and temporary or permanent suspension of accounts. If your transaction is cancelled in error, or your account suspended in error, please contact us and we may reinstate your account or listing, in our sole discretion.
3. User Content and Ideas
You own and are solely responsible for any content including images, text, audio or other materials that you submit ('User Content').
When you submit, post, upload, embed, display, communicate, link to, email or otherwise distribute or publish any review, problem, suggestion, idea, solution, question, answer, class notes, course outline, comment, testimonial, feedback, message, image, video, text, profile data or other material ("User Content") to StudEtree, any StudEtree employee or contractor, or a StudEtree web site, you grant StudEtree and our affiliates, licensees, distributors, agents, representatives and other entities or individuals authorized by StudEtree, a non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free, fully sublicensable (through multiple tiers) and fully transferable right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future, and to make, use, reproduce, copy, display, publish, exhibit, distribute, modify, sell, offer for sale, create derivative works based upon and otherwise use the User Content.
Note that we may create, facilitate or display social advertisements, whereby your name, profile and photo may be used to advertise products and services to your network based on your use of the Services and your interactions with StudEtree. You agree that StudEtree may use your name and profile picture in connection with social ads to advertise products and services to your network based on your use of the Services and your interactions with StudEtree and third parties through the Services.
You represent and warrant that the User Content: (a) is owned by you or you control all necessary rights to it; (b) does not violate, misappropriate or infringe on the rights of any third party including intellectual property rights, privacy rights or publicity rights; (c) is accurate, not obscene or defamatory; and (d) will not cause injury to any person, entity or system. You will indemnify StudEtree for any and all claims resulting from your User Content.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. StudEtree has the right but not the obligation to monitor, edit or remove your User Content at any time, as it sees fit. The User Content is non-confidential and StudEtree will not be liable for its use or disclosure.
If you submit ideas, suggestions, documents, and/or proposals ('Ideas') to StudEtree, including unsolicited ideas, new advertising campaigns, promotions, improved goods, services or technologies, product enhancements, marketing plans, new product names, or otherwise, unless we indicate otherwise you do so voluntarily and with no expectation of confidentiality. By submitting Ideas, you grant us ownership of the ideas to use for any purpose, in any way, in any media now known or in the future and throughout the universe without any obligation or payment. You understand that StudEtree may have something similar to the ideas under consideration or in development.
4. Protecting Intellectual Property Rights
StudEtree respects intellectual property rights. If you have a good faith belief that your copyright, trademark or other intellectual property is being infringed, complete a notice of infringement. If you have a good faith belief that your content was mistakenly removed, complete a counter notice. If you repeatedly infringe other people's intellectual property rights, we will terminate your account when appropriate.
5. Violating the Agreement
StudEtree may investigate suspected violations of this Agreement or other improper conduct on the App and you are obligated to cooperate. We may take any action that we deem appropriate in our sole discretion for any actual or suspected violation of the Agreement (including the Seller Policies) or law, if we cannot verify or authenticate information you provided, or if StudEtree determines that you failed to comply with the letter or spirit of our policies (e.g., by deliberately exploiting any policy loopholes). These actions may include, but are not limited to: temporarily or permanently suspending you from using or accessing the App or Services, removing a listing, requiring you to edit a listing, cancelling a sale, requiring you to send the textbook(s) to the Buyer within a specified time, withholding a payment to you, or charging the Payment Method on file for amounts you owe us or costs we incur due to your misconduct (including, without limitation, any costs associated with collection of delinquent accounts or chargebacks and any replacement costs). We reserve the right to report any activity that we believe to be illegal and we will respond to all inquiries initiated by governmental agencies or as otherwise legally required.
6. Privacy and Communications
You agree to receive calls, at the telephone number (including mobile number) associated with your account. If the number we have is a mobile number, you agree to receive SMS or other text messages at that number or on that mobile devices. Standard rates may apply.
You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:
- To contact you for reasons relating to your account or your use of our App, Services, Site or tools (such as to collect a debt, resolve a dispute, or to otherwise enforce our User Agreement) or as authorized by applicable law
- To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future
You understand and agree that we may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. Not all telephone lines or calls may be recorded by StudEtree so we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.
When you visit StudEtree or send e-mails to us, you are communicating with us electronically. Communications sent to StudEtree by means of the Web Site or e-mail are not considered delivered or effective unless and until they are actually received and processed by StudEtree responsible representative. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
7. Applicable Law
Except as otherwise stated, the Agreement shall be governed by the laws of the Province of Quebec.
8. Disclaimer of Warranties; Limitation of Liability
YOU UNDERSTAND AND AGREE THAT YOU ARE MAKING USE OF STUDETREE'S SITE, APP AND SERVICES ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. STUDETREE MAKES NO WARRANTY WITH RESPECT TO ITS SOFTWARE, SERVICES, SITE, ANY USER CONTENT, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY PROVIDED IN THIS USER AGREEMENT, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, STUDETREE (INCLUSIVE OF ANY OF ITS SERVICE PROVIDERS AND LICENSORS) IS NOT LIABLE FOR: (A) ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES; (B) LOSS OF: PROFITS, GOODWILL OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO: (I) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; (II) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR SITE OR SERVICES OR THOSE OF ANY SITE, SERVICES, OR TOOLS LINKED TO OUR SITE OR SERVICES; (III) ANY USER CONTENT OR CONTENT OF THIRD PARTIES, OR (IV) THE DURATION OR MANNER IN WHICH TEXTBOOKS YOU LIST APPEAR ON THE APP OR SERVICES;
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
REGARDLESS OF THE PREVIOUS PARAGRAPHS, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
9. Release and Covenant Not to Sue
To the fullest extent permitted by law, you release and covenant not to sue StudEtree, its affiliated companies, and our and their respective officers, directors, agents, joint venturers, employees, legal representatives, and suppliers from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes between users. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.
You agree to indemnify and hold StudEtree and (if applicable) StudEtree's parent, subsidiaries, affiliates, and our and their respective officers, directors, attorneys, agents, employees, licensors and suppliers (the 'StudEtree Indemnitees') harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by StudEtree and (if applicable) any StudEtree Indemnitee resulting from or arising out of your breach of this User Agreement, your improper use of StudEtree's Site or Services, and/or your violation of any law or the rights of a third party.
11. General Provisions
This Agreement, together with all additional policies referenced above, constitutes the entire agreement between you and StudEtree relating to your use of our App or Services. You consent to receive notice by email to the address provided at registration. No amendment, modification or supplement of any provision of this Agreement will be effective unless in writing. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. StudEtree may assign or transfer this Agreement at any time. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of StudEtree, which we can refuse in our sole discretion. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement, your use of the Site, or the provision of our Services. This Agreement is for your benefit only, not for the benefit of any third party except for StudEtree's permitted successors and assigns. The following Sections survive any termination of this Agreement: Fees, Misusing StudEtree --- Consequences, Content, Tax Indemnity, and Disputes with StudEtree.
TO REPORT INFRINGEMENT OF YOUR INTELLECTUAL PROPERTY
If you have a good faith belief that your intellectual property rights have been violated, you can submit a Notice of Claimed Infringement to StudEtree's designated agent with the following information:
- The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification or description of the copyrighted work or other intellectual property you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the right at issue (for example, trademark or patent);
- Identification or description of where the material that you claim is infringing is located on StudEtree, with enough detail that we may find it on the Site including, whenever possible, the URL;
- Brief description of how the challenged content infringes the owner's intellectual property rights;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the owner's behalf.
StudEtree's designated agent can be contacted as follows: by mail to StudEtree's Designated Agent, StudEtree, 3270 Paul-Contant, Saint-Laurent, Qc, H4K-2R2; by email to info@StudEtree.com or by phone at 1.514-865-3270.