Terms and Conditions - Legal Information

These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", "your") and Edmates International ("Edmates", "Company", "we", "us", "our"), governing your access to and use of the website located at www.edmates.com (the "Website") and all associated services, applications, content, and functionality offered by or through the Website (collectively, the "Services").

BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICES.

2. DEFINITIONS

For the purposes of this Agreement, the following definitions shall apply:

"Applicant" means any individual who engages Edmates for the purpose of facilitating their application to educational institutions in Malaysia.

"Confidential Information" means any non-public information disclosed by either party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.

"Content" means all text, graphics, images, audio, video, software, data compilations, page layout, underlying code, and any other form of information capable of being stored in a computer that appears on or forms part of the Website.

"Educational Institution" means any university, college, or other accredited academic institution in Malaysia with which Edmates maintains a relationship for the purpose of facilitating student admissions.

"Intellectual Property" means all patents, trademarks, service marks, trade names, domain names, copyrights, moral rights, database rights, design rights, know-how, confidential information, and any other intellectual property rights, whether registered or unregistered.

"Personal Data" has the meaning ascribed to it under the Malaysia Personal Data Protection Act 2010 (PDPA) and includes any information relating to an identified or identifiable natural person.

"Services" means the education consultancy services provided by Edmates, including but not limited to university selection guidance, application assistance, visa support, accommodation arrangements, and related advisory services.

3. ACCEPTANCE OF TERMS

3.1 By accessing, browsing, or otherwise using the Website, you represent and warrant that you have the legal capacity to enter into this Agreement. If you are accessing the Services on behalf of a legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.

3.2 Your continued use of the Services following the posting of any amendments to these Terms shall constitute your acceptance of such amendments. It is your responsibility to review these Terms periodically for changes.

3.3 We reserve the right, at our sole discretion, to modify, amend, or replace these Terms at any time. Material changes will be notified through the Website or via electronic mail to the address associated with your account, where applicable.

4. ELIGIBILITY AND USER REPRESENTATIONS

4.1 The Services are intended for individuals who are at least eighteen (18) years of age or the age of majority in their jurisdiction of residence, whichever is greater. Individuals under the age of eighteen (18) may only use the Services with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

4.2 By using the Services, you represent and warrant that: (a) all registration information you submit is truthful, accurate, current, and complete; (b) you will maintain the accuracy of such information and promptly update it as necessary; (c) you have the legal capacity to enter into these Terms; (d) you are not a minor in your jurisdiction of residence, or if a minor, you have received parental permission to use the Services; (e) you will not access the Services through automated or non-human means; (f) you will not use the Services for any illegal or unauthorized purpose; and (g) your use of the Services will not violate any applicable law or regulation.

5. DESCRIPTION OF SERVICES

5.1 Edmates International is an education consultancy that provides comprehensive assistance to international students seeking admission to Educational Institutions in Malaysia. Our Services include, but are not limited to:

(a) University and programme selection guidance based on academic qualifications, career aspirations, and personal preferences;

(b) Application preparation and submission support, including document compilation, personal statement review, and submission management;

(d) Pre-departure orientation and support services;

(e) Accommodation assistance and airport reception coordination; and

(f) Ongoing support throughout the admissions process.

5.2 Notwithstanding any assistance provided by Edmates, it is expressly understood and agreed that all admission decisions rest solely with the Educational Institutions, and Edmates makes no guarantee, warranty, or representation regarding admission outcomes.

5.3 Edmates reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, and shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

6. USER OBLIGATIONS AND CONDUCT

6.1 In consideration of your use of the Services, you agree to:

(a) Provide accurate, truthful, and complete information as requested by Edmates and update such information as necessary;

(b) Maintain the confidentiality of any account credentials and accept responsibility for all activities that occur under your account;

(d) Promptly notify Edmates of any unauthorised use of your account or any other breach of security;

(e) Respond in a timely manner to requests for documentation or information necessary for the provision of Services; and

(f) Pay all applicable fees in accordance with the payment terms established by Edmates.

6.2 You agree not to:

(a) Use the Services for any unlawful purpose or in violation of any applicable law or regulation;

(b) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;

(d) Attempt to gain unauthorised access to any portion of the Website or any other systems or networks connected to the Services;

(e) Use any robot, spider, scraper, or other automated means to access the Services without our express written permission;

(f) Submit false, fraudulent, or misleading documents or information to Edmates or to any Educational Institution through the Services;

(g) Transmit any viruses, malware, or other malicious code; or

(h) Engage in any conduct that restricts or inhibits any other person from using or enjoying the Services.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 All Intellectual Property rights in and to the Website, the Services, and all Content therein are and shall remain the exclusive property of Edmates International or its licensors. Nothing in these Terms shall be construed as conferring any licence or right to use any trademark, trade name, logo, or service mark displayed on the Website without the prior written consent of Edmates or the relevant third-party owner.

7.2 You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Website and Services strictly in accordance with these Terms. This licence does not include: (a) any resale or commercial use of the Website or its Contents; (b) any collection and use of any product listings, descriptions, or prices; (c) any derivative use of the Website or its Contents; (d) any downloading or copying of account information for the benefit of another party; or (e) any use of data mining, robots, or similar data gathering and extraction tools.

7.3 All rights not expressly granted to you in these Terms are reserved and retained by Edmates International.

7.4 Any feedback, suggestions, ideas, or other information you provide regarding the Services ("Feedback") shall be the exclusive property of Edmates. You hereby assign to Edmates all rights in such Feedback and agree that Edmates shall have the unrestricted right to use and disseminate such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

8. THIRD-PARTY SERVICES AND LINKS

8.1 The Website may contain links to third-party websites, applications, or services that are not owned or controlled by Edmates ("Third-Party Services"). Edmates has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third-Party Services.

8.2 You acknowledge and agree that Edmates shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any Third-Party Services.

8.3 Your interactions with Educational Institutions, accommodation providers, visa authorities, and any other third parties introduced through the Services are solely between you and such third parties. Edmates shall not be a party to any disputes arising from such interactions and shall bear no liability in connection therewith.

9. FEES AND PAYMENT

9.1 Certain Services may be subject to fees as specified at the time of engagement. All fees shall be quoted and payable in the currency specified by Edmates and are exclusive of applicable taxes unless otherwise stated.

9.2 Payment terms shall be as agreed between the parties at the time of engagement. Failure to make timely payment may result in suspension or termination of Services and may subject you to late payment charges as permitted by applicable law.

9.3 Refund policies, where applicable, shall be as set forth in a separate service agreement or as communicated at the time of engagement. Unless otherwise expressly agreed in writing, all fees paid are non-refundable.

9.4 Edmates reserves the right to modify its fee structure at any time. Such modifications shall not affect fees already agreed upon for ongoing engagements unless mutually agreed otherwise.

10. DISCLAIMERS

10.1 THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

10.2 EDMATES DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; OR (E) YOU WILL BE ADMITTED TO ANY EDUCATIONAL INSTITUTION.

10.3 EDMATES ACTS SOLELY AS AN INTERMEDIARY AND ADVISOR. ALL ADMISSION DECISIONS ARE MADE EXCLUSIVELY BY THE RELEVANT EDUCATIONAL INSTITUTIONS IN THEIR SOLE DISCRETION. EDMATES EXPRESSLY DISCLAIMS ANY LIABILITY FOR ADVERSE ADMISSION DECISIONS OR VISA OUTCOMES.

10.4 No advice or information, whether oral or written, obtained by you from Edmates or through the Services shall create any warranty not expressly stated in these Terms.

11. LIMITATION OF LIABILITY

11.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EDMATES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF EDMATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF EDMATES FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO EDMATES FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD 100.00).

11.3 THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

11.4 Certain jurisdictions do not allow the exclusion or limitation of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, Edmates' liability shall be limited to the greatest extent permitted by law.

12. INDEMNIFICATION

12.1 You agree to indemnify, defend, and hold harmless Edmates International, its directors, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees) arising out of or in connection with: (a) your use of and access to the Services; (b) your breach of any provision of these Terms; (c) your violation of any law, rule, or regulation, or the rights of any third party; (d) any content you submit, post, or transmit through the Services; (e) any false, inaccurate, or misleading information provided by you; or (f) your wilful misconduct.

12.2 Edmates reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Edmates in asserting any available defences.

13. TERMINATION

13.1 These Terms shall remain in full force and effect while you use the Services. We may suspend or terminate your access to the Services at any time, for any reason, including but not limited to a breach of these Terms, without prior notice or liability.

13.2 Upon termination: (a) your right to use the Services will immediately cease; (b) any licences granted herein shall terminate; (c) we may delete any Content or other information associated with your account; and (d) all provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13.3 You may terminate your use of the Services at any time by ceasing all use of the Website and, if applicable, by cancelling your account in accordance with our procedures. Such termination shall not relieve you of any obligations incurred prior to termination, including any payment obligations.

14. PRIVACY

14.1 Your use of the Services is also governed by our Privacy Policy, which is incorporated herein by reference. By using the Services, you consent to the collection, use, and disclosure of your Personal Data as described in the Privacy Policy.

14.2 You acknowledge that the provision of Services may require Edmates to share your Personal Data with Educational Institutions, visa authorities, accommodation providers, and other third parties as necessary for the performance of Services.

15. GOVERNING LAW AND JURISDICTION

15.1 These Terms shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions.

15.2 Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of Malaysia, and you hereby submit to the personal jurisdiction of such courts.

15.3 Notwithstanding the foregoing, Edmates reserves the right to bring proceedings against you in the courts of your country of residence or any other court of competent jurisdiction for injunctive relief or to enforce an arbitral award or court judgment.

16. DISPUTE RESOLUTION

16.1 In the event of any dispute, controversy, or claim arising out of or relating to these Terms ("Dispute"), the parties shall first attempt to resolve such Dispute through good-faith negotiations. Either party may initiate such negotiations by providing written notice to the other party describing the nature of the Dispute.

16.2 If the parties are unable to resolve the Dispute within thirty (30) days of the commencement of negotiations, either party may refer the Dispute to mediation administered by a mutually agreed mediator. The costs of mediation shall be borne equally by the parties.

16.3 If the Dispute remains unresolved following mediation, either party may pursue resolution through the courts as provided in Section 15.2 above.

16.4 Nothing in this Section shall prevent either party from seeking interim or interlocutory relief from a court of competent jurisdiction.

17. FORCE MAJEURE

17.1 Edmates shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, strikes, telecommunications failures, or failures of third-party service providers ("Force Majeure Event").

17.2 In the event of a Force Majeure Event, the affected party shall promptly notify the other party and shall use reasonable efforts to mitigate the effects of the Force Majeure Event.

18. GENERAL PROVISIONS

18.1 Entire Agreement. These Terms, together with the Privacy Policy, Cookies Policy, and Disclaimer, constitute the entire agreement between you and Edmates concerning the Services and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written, with respect to the subject matter hereof.

18.2 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, which shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the parties' original intent.

18.3 Waiver. No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Edmates to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

18.4 Assignment. You may not assign or transfer these Terms or any of your rights or obligations hereunder, in whole or in part, without the prior written consent of Edmates. Edmates may assign or transfer these Terms, or any rights or obligations hereunder, in whole or in part, without restriction and without notice to you.

18.5 Notices. Any notices or other communications required or permitted hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by electronic mail, or sent by registered or certified mail, postage prepaid, to the addresses set forth below or to such other address as either party may designate in writing.

18.6 Relationship of Parties. Nothing in these Terms shall be construed as creating a partnership, joint venture, employment relationship, or agency relationship between you and Edmates. Neither party shall have the authority to bind the other party in any respect.

18.7 Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.

18.8 Headings. The headings used in these Terms are for convenience only and shall not affect the interpretation of these Terms.

18.9 Language. These Terms are drafted in the English language. In the event of any inconsistency between the English version and any translation, the English version shall prevail.

19. CONTACT INFORMATION

For any questions, complaints, or claims regarding the Services or these Terms, please contact us at:

Edmates International

Website: www.edmates.com

Email: hello@edmates.com

By using our Services, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.