Terms and conditions Studentdiscount.co.uk

Article 1. Definitions

Offer: the (product and) service offer of a Third Party which may be accepted by another natural person or legal entity using the Platform.
Terms and conditions: present Terms and conditions of Studentdiscount.co.uk.
Services/Products: the (commercial) services and/or Products which are offered to Users through the Platform for Third Parties by Studentdiscount.co.uk in the capacity as affiliate.
User(s): each natural person and/or legal entity who makes use of the Platform, which includes Third Parties.
Third Part(y)(ies): the natural person or organisation/legal entity (or representative thereof) for which Studentdiscount.co.uk offers affiliate services.
Party/Parties: Studentdiscount.co.uk and/or the User(s).
Platform: the website(s), social media account(s), app(s) and other tools of Studentdiscount.co.uk and companies and business partners affiliated to it on which the Services/Products and Products are made available.
Studentdiscount.co.uk: iBranding B.V., located at Gildeweg 22, 2632 BA Nootdorp, the Netherlands, also acting under the name “Studentdiscount.co.uk” who offers the Services/Products of Third Parties to the Users using the Platform and receives a commission for this.



Article 2. Applicability

2.1. These Terms and conditions apply exclusively to all legal relationships with Studentdiscount.co.uk. Terms and conditions and other stipulations (deviating from the Terms and conditions) used by the User(s) are expressly ruled out by Studentdiscount.co.uk.
2.2. The User accepts these Terms and conditions by making use of the Platform.



Article 3. Offer

3.1. Studentdiscount.co.uk publishes the Offer on behalf of Third Parties on the Platform, in accordance with the information supplied by Third Parties, or on the basis of information and experiences of Studentdiscount.co.uk.
3.2. Studentdiscount.co.uk does not accept responsibility or liability under any circumstance for the content of the Offer and of the information on the Platform.
3.3. Information from or originating from the Platform cannot be reproduced without the permission of Studentdiscount.co.uk, nor are third parties allowed to be provided access to it.



Article 4. Abuse

4.1. Use of the Platform, or of the Services/Products of Studentdiscount.co.uk, is not allowed for actions or conduct which is in violation with the laws and legislation, public order and public morals. More specifically, it is not allowed to disseminate indecent, immoral or discriminatory statements using the Platform.
4.2. Furthermore, the User is not allowed to do the following with the Platform, or the Services/Products:
a. disassemble, decompile or subject to ‘reverse engineering’;
b. use for commercial purposes;
c. use for other purposes than agreed upon;
d. connect to a network which allows other devices of the Platform to be able to make use of it;
e. make available to third parties in any way whatsoever;
f. use for the excessive dispatch of information or messages, spreading of viruses and other malicious software;
g. use in a way which may be harmful or damaging for Studentdiscount.co.uk.



Article 5. Maintenance and adjustments

5.1. Studentdiscount.co.uk will make an effort to have the Platform function adequately and with care, but will and is never able to guarantee that the Platform will be available at all times, uninterrupted and without failures.
5.2. Studentdiscount.co.uk maintains the Platform and may release updates to make adjustments, add new functionalities or improve performances.
5.3. Studentdiscount.co.uk has the right to change or delete information or the functionality on the Platform.



Article 6. Information provision by User

6.1. By contribution of information into the Platform, User agrees that this information may possibly be shared with other Users, in accordance with the conditions as referred to in the Privacy statement.
6.2. User is obligated to make all information and documents, which Studentdiscount.co.uk believes to require for the correct execution of the Service and of a statutory obligation, in a timely manner and in a desired form and in the desired method.
6.3. User guarantees the correctness, completeness and reliability of the information and documents made available to the Platform, also if these originate from third parties.
6.4. User indemnifies Studentdiscount.co.uk for all claims following from any violation to the rights referred to in this article and User will reimburse all damage and costs to Studentdiscount.co.uk which is the result of this.



Article 7. Privacy

7.1. Studentdiscount.co.uk complies with all applicable laws and legislation pertaining to the protection of the personal information. For more information, Studentdiscount.co.uk refers the User to the Privacy statement of Studentdiscount.co.uk.
7.2. If the use of the Platform by the User is terminated, Studentdiscount.co.uk will delete all personal information and delete existing copies, unless storage is required pursuant to a statutory provision.
7.3. User immediately informs Studentdiscount.co.uk if an instruction violates the GDPR or any other legal provision pertaining to data protection, in the opinion of User.
7.4. Personal information related to Studentdiscount.co.uk cannot be processed by or on behalf of User without the prior written permission of Studentdiscount.co.uk.



Article 8. Liability

8.1. Users use the Platform, or the Services/Products, entirely on own account and risk. Studentdiscount.co.uk does not take responsibility for the conduct of User(s) inside and outside of the Platform.
8.2. Studentdiscount.co.uk is not liable for abusing the Platform, or of the Services/Products by (other) Users. Studentdiscount.co.uk is also not liable for what is discussed or information which shared between Users.
8.3. Studentdiscount.co.uk has a performance obligation to ensure that the Platform and the Services/Products function without (technical) failures. Maintenance work activities, development of the Platform may limit and/or temporarily disrupt the possibilities for use, whereby data loss may also occur. Studentdiscount.co.uk is not able to guarantee the availability of the Platform or the non-occurrence of technical failures or data loss.
8.4. Studentdiscount.co.uk may temporarily or permanently discontinue or decommission the Platform, without the User being able to derive any rights from it.
8.5. The User is liable for all actions that take place through his/her account. Studentdiscount.co.uk is not liable for the statements and/or information which is spread by Users using the Platform.
8.6. Studentdiscount.co.uk does not accept liability for the correctness, completeness, quality and up-to-dateness of the information and/or data to be found and/or presented on the Platform. Each liability of Studentdiscount.co.uk for damage or loss of User which arises by the deriving of information and/or by other information which is presented on the Platform, is therefore also ruled out.
8.7. User hereby indemnifies Studentdiscount.co.uk for all damage and loss and claims of third parties which is in any way related to or follows from the use of the Platform by User.



Article 9. Complaints

9.1. Complaints of Users need to be submitted to the Third Party in question. The exclusive responsibility for the Offer of a Third Party and its execution lies with the Third Parties in question.
9.2. If a User has a complaint about the Platform, then this complaint needs to be communicated by the User by email with Studentdiscount.co.uk.
9.3. After the complaint is received by Studentdiscount.co.uk, Studentdiscount.co.uk will respond as soon as possible. Studentdiscount.co.uk strives to process the complaint as soon as possible.
9.4. Complaints as set out in this article have to be submitted to respectively the Third Party (paragraph 9.1) or Studentdiscount.co.uk (paragraph 9.2), within a reasonable period after the User has observed the defects, completely and clearly described.



Article 10. Confidentiality

10.1. User will do everything to prevent that third parties learn about confidential information pertaining to the Platform and the Services/Products, or that this information gets into the hands of third parties. Except with the prior written permission of Studentdiscount.co.uk, User will not make information and/or data which has been made available to User by Studentdiscount.co.uk available to third parties and only make it known to its personnel to the extent that this is necessary for the use of the things and/or the execution of the Services/Products in accordance with the Agreement.
10.2. The obligation of confidentiality set out in the previous paragraph does not apply for information pertaining to which User may be able to show that:
a. the information was already publically known;
b. it concerns generally known information;
c. the disclosure takes place on the basis of a statutory obligation or court order.
3. Users also impose the obligation of confidentiality on the third parties to be engaged by Users.



Article 11. Intellectual property rights

11.1. All intellectual property rights on (the content of) the Platform, including the underlying software, texts, graphic material, logos, images etc., lies with Studentdiscount.co.uk or its licensors.
11.2. It is not allowed to take over, reproduce or in any way distribute or disclose the Platform, in whole or in part, without written permission of Studentdiscount.co.uk, with the exception of personal use by the User.
11.3. Studentdiscount.co.uk does not guarantee in any way that the Services/Products provided to the User does not violate any written or unwritten intellectual and/or industrial property right of third parties.



Article 12. Penalty

12.1. In the event of violation of the provisions in the Terms and conditions, User forfeits an immediately due and payable penalty to Studentdiscount.co.uk, without notice of default or judicial intervention, not subject to mitigation, of € 5,000 and € 500 for each day or part thereof that User is in violation.
12.2. A penalty owed by User does not affect the right of Studentdiscount.co.uk to reimbursement of suffered damage, loss, costs and interest.



Article 13. Amendment Terms and conditions

13.1. Studentdiscount.co.uk is allowed to amend and/or add to the Terms and conditions at any time desired by Studentdiscount.co.uk.
13.2. If User does not wish to accept a change or addition, then User is entitled to discontinue the use of the Platform up to the date this enters into effect. Use of the Platform after the date the change or addition enters into effect applies at all times as acceptance of the amended or added Terms and conditions.



Article 14. Other provisions

14.1. If any provision or any part of a provision of the present Terms and conditions is in whole or in part nonbinding for any reason whatsoever, then this does not affect the binding nature of the remaining provisions of these Terms and conditions or the remaining part of the provision in question.
14.2. The Dutch law applies exclusively to all legal relationships between Studentdiscount.co.uk and User with the exclusion of (international) treaties (including but not limited to the Vienna Convention on Contracts for the International Sale of Goods). The aforementioned also applies if an obligation is executed in whole or in part abroad or if the party involved in the legal relationship (User) resides there. If User is a consumer, then this choice of law does not affect the protection of that User pursuant to the mandatory law of the country where the User resides.
14.3. Solely the Dutch court of the location of Studentdiscount.co.uk is entitled to take note of disputes.
14.4. There is a Dutch, German and English version of these Terms and conditions. The Dutch version prevails in the event of a difference.