Subject to these Terms and Conditions as amended from time to time (“Term”), [TCT LLC, a Texas limited liability company]. TCT provides The Student Registry (TSR) platform to you through the TSR website.
If you are a “Student” raising money or a “Donor” donating money (collectively referred to herein as a “User”) you are contracting with TCT LLC, 3112 Windsor Road, #335 Austin TX 78703, United States.
For purposes of the following Terms and conditions, “The Student Registry,” “we,” “us,” “our,” and other similar terms, shall refer to the party with whom you are contracting. For the avoidance of doubt TCT LLC, a Texas limited liability company may apply, and exercise our rights under, these Terms on behalf of the party that you are contracting with. Details of your options for contact us can be found at the end of these Terms.
BY USING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THESE TERMS AND CONDITIONS.
We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. Where possible we will provide 30 days’ notice of substantive changes to these Terms and, if appropriate, we may inform users of such changes via email or other appropriate means. Changes may be made at short or no notice where a change is required by law. When we make a change, we will post the revised Terms on this page and will indicate the date of such revision.
In addition, when using the Services, you will be subject to additional applicable policies including without limitation as set out in the Privacy Notice.
ACCESS AND USE OF THE SERVICES
The Services are offered as a platform to allow college students to create profiles for items they need for college and to receive monetary contributions from friends and family members. The Student Registry facilitates these transactions but is not a payment processor. Instead, it uses third-party payment processing partners to handle contributions securely.
Payment Processor: The Student Registry is not a payment processor and does not hold any funds. Instead, The Student Registry uses third-party payment processing partners to process Donations for a Student Profile (“Payment Processor”). You acknowledge and agree that the use of Payment Processors is integral to the Services and that we exchange information with Payment Processors in order to facilitate the provision of the Services. See the section “Payment Processors “ hereafter and our Privacy Notice for details of the third parties we work and share information with.
Platform Fee: Although there are no fees to start or maintain a Student Profile, please keep in mind that a Platform transaction fee, including credit and debit charges, is added to each donation (hereinafter and on the website referred to as “Platform Fee”).
The Student Registry facilitates the Student Profile of the Students and permits Contributors to make donations to these Student Profiles. The Student Registry is not a broker, agent, financial institution, creditor nor nonprofit corporation.
Before making any decisions regarding any Donations or any information or content relating to the Services, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk.
The Student Registry has no control over the conduct of, or any information provided by a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
We do not guarantee that a Student Profile will obtain a certain amount of Donations or any Donations at all. We do not endorse any Student Profile and we make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Student Profile. The Donors must make the final determination as to the value and appropriateness of contributing to any Student Profile.
No Solicitation: The Platform is offered to help Students raise money. The Student Registry merely provides the technology to allow Student Profiles to connect with potential Donors. The existence of the Services is not a solicitation of donations by The Student Registry, and The Student Registry does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual. By using the Services, you understand and agree that The Student Registry is not responsible for the use of your Donations or the amount of funds raised for the User or Student Profile.
Donors: All Donations are at your own risk. The Student Registry is not responsible for any offers or promises made by Users or Student Profiles. We do not and cannot verify the information that Users or Student Profiles supply, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a User or Student Profile or in accordance with applicable laws. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds reported to us very seriously. You can learn more about If you have reason to believe that a User or Student Profile is not raising or using the funds for their stated purpose, please contact us and we will investigate.
State, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you, any User or any Student Profile.
Students: You, as an Student, represent, warrant, and covenant that: (i) all information you (whether through yourself, an agent or using artificial intelligence) provide in connection with a Student Profile or Beneficiary is accurate, complete, and not likely to deceive Donors and that you will post updates as needed so that Donors understand the use of funds and any other relevant information about your Student Profile.
If you are under 13 years of age you are not authorized to use the Services. In addition, if you are under the age of majority in your jurisdiction (typically 18 or 19 years of age), you may use the Services, with or without registering, only with the approval of your parent or guardian.
Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., Payment Processors), with whom The Student Registry has entered into contracts, in order to be able to benefit from their services. If The Student Registry or one of our Payments Processors at any time discovers that the information you provided about you or the purpose of your Student Profile is incorrect or violates any of these Terms and conditions or their terms of service, your access to the Services may be immediately suspended and/or terminated and fines may be applied by relevant authorities, which will in all such cases be payable by you.
Removal of a Student Profile from our Database. If you are the authorized representative of a Student Profile, and you do not wish for your Student Profile to appear in The Student Registry’s searchable database, you may contact us support@thestudentregistry.com to request that your Student Profile be removed from our database. Your email should include your full name, title, and an email address and phone number associated with your Student Profile. Please note that if your Student Profile is removed from The Student Registry’s database, it will not be eligible to receive contributions through the Platform.
Platform fees: The student is responsible for the Platform fee. View the Pricing Break for current fee structure.
Receiving Funds: Receipt of Donations, is based upon and subject to the applicable Payment Processor’s procedures and terms. The Student Registry is not a payment processor and does not hold funds.
Taxes: The Student Registry does not withhold funds for tax purposes or otherwise. Students will be solely responsible for taxes based on applicable international, federal, state, local or any other taxes or levies, or for any applicable taxes based on their net income.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account and are fully responsible for any and all activities that occur under your password or account. You agree to: (i) immediately notify The Student Registry of any unauthorized use of your password or account or any other breach of security; and (ii) sign out from your account at the end of each session when accessing the Services. The Student Registry will not be liable for any loss or damage arising from your failure to comply with this section.
Modifications to the Services: The Student Registry reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, , and, to the extent permitted by applicable law, without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom. While The Student Registry will endeavor to provide notice of planned modifications or disruptions to the Service, this may not be possible in the case.
Sales Prohibited on the Platform: You are not permitted to offer any good or service in exchange for a Donation on the Platform.
Data Retention: You acknowledge that The Student Registry has no obligation to you to retain data relating to any account or Student Profile after the conclusion of a Student Profile. You acknowledge that, subject to any data it may retain for the purpose of complying with legal obligation and or for the purpose of establishing, exercising or defending a legal claim, The Student Registry reserves the right to delete historic data or to terminate inactive accounts without notice. Where The Student Registry has reason to suspect fraud, misuse of the Services, or any breach to these Terms of Service, The Student Registry may suspend or delete accounts or associated data of Student Profiles at any time with or without notice, and, to the extent permitted by applicable law, without any liability to Users or to any third party for any claims, damages, costs or losses resulting therefrom.
Mobile Services and Text Messages: The Student Registry Services include certain features that may be made available via a mobile device, including the ability to: (i) upload User Content to the Platform; (ii) browse the Platform; and (iii) access certain items through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access Mobile Services, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you about matters related to your account by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. You may opt out of receiving SMS messages at anytime by replying STOP.
PROHIBITED CONDUCT
You are solely responsible for compliance with all applicable law in relation to your Student Profile or use of the Services. You are further solely responsible for all User Content that you upload, post, publish, display, transmit or otherwise use. You are also responsible for ensuring the funds raised are used for the purpose outlined in the Student Profile. If you are not the Beneficiary of the Student Profile you organize, you agree to deliver funds to the ultimate Beneficiary directly and as soon as possible. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms and Conditions.
The Student Registry reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate these Terms of Conditions or harm the interests of our Users, business partners, the public, or The Student Registry, or that expose you, The Student Registry, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency. This information may include information about you, your account, your Contributors, your Donations, and transactions made through or in connection with your use of the Services.
DONOR CONDUCT
Donations: In order to contribute to a Student Profile you will be required to provide a credit card or other payment instrument. You, as a Donor, represent and warrant to The Student Registry that such information is true, current and accurate and that you are authorized to use the applicable Payment Instrument. You agree that a certain minimum Donation amount may apply, and that all Donations are final and will not be refunded unless The Student Registry, in its sole discretion, agrees to issue a refund. The Student Registry uses third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any Donations made, and Contributors acknowledge that by contributing a Donation to a Student Profile, the Donor agrees to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to these Terms of Service as well as any and all applicable terms set forth by our payment partners.
PAYMENT PROCESSORS
The Student Registry uses Payment Processors to process Donations for your Student Profile and thereafter deliver it to you. In order to withdraw funds from a Student Profile, a Student or, if not the same, Beneficiary (collectively “Withdrawing Entity”) will be required to provide the Payment Processor information regarding bank account information (“Withdrawing Account”). You, as Withdrawing Entity, represent and warrant to Payment Processor and The Student Registry that such information is true and that you are authorized to use the applicable Withdrawing Account.
INTELLECTUAL PROPERTY RIGHTS AND USE OF ARTIFICIAL INTELLIGENCE
Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by The Student Registry, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, spiders, robots, scraping or similar data gathering or extraction methods. If you are blocked by The Student Registry from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of The Student Registry, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by The Student Registry.
The Student Registry name and logos are trademarks and service marks of The Student Registry (collectively the “The Student Registry Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to The Student Registry. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of The Student Registry Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of The Student Registry Trademarks will insure to our exclusive benefit.
Third-Party Material: Under no circumstances will The Student Registry be liable in any way for any content or materials of any third parties (including Users) or any User Content (including, but not limited to, for any errors or omissions in any User Content), or for any loss or damage of any kind incurred as a result of the use of any such User Content. You acknowledge that The Student Registry does not pre-screen User Content, but that The Student Registry and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any User Content that is available via the Services at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
To the extent permitted by applicable law, we do not guarantee that any Services Content will be made available through the Services. We reserve the right to, but, except as provided by applicable law, do not have any obligation to: (a) remove, edit or modify any Services Content or User Content, in our sole discretion, at any time, without notice to you where we consider that the Services Content or User Content is illegal, inaccurate, misleading, infringes intellectual property rights or amounts to Prohibited Conduct or a breach of these Terms of Service (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Services Content or User Content, or if we are concerned that you may have violated these Terms of Service),; and (b) remove or block any Services Content or User Content from the Services for the same reasons.
Payment Card Industry Data Security Standard: The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes, or stores credit card information. The primary purpose of the standard is to maintain controls around cardholder data to reduce credit card fraud.
INDEMNITY AND RELEASE
Subject to applicable law, You agree to release, indemnify on demand and hold The Student Registry and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Student Profile, any User Content, your connection to the Services, your violation of these Terms and Conditions or your violation of any rights of another. You agree that The Student Registry has the right to conduct its own defense of any claims at its own discretion, and that you will indemnify The Student Registry for the costs of its defense (including, but not limited to attorney’s fees). If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine to the extent permitted by law.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. The Student Registry AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WITHOUT PREJUDICE TO STATUTORY WARRANTIES UNDER APPLICABLE LAW, The Student Registry AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE STUDENT REGISTRY NOR ITS AFFILIATES WILL BE LIABLE FOR ANY: (I) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES; (II) DAMAGES FOR LOSS OF PROFITS; (III) DAMAGES FOR LOSS OF GOODWILL; (IV) DAMAGES FOR LOSS OF USE; (V) LOSS OR CORRUPTION OF DATA; OR (VI) OTHER INTANGIBLE LOSSES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
Arbitration; Class Action Waiver: YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS AND CONDITIONS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding the foregoing, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either of us to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv file suit in a court of law to address an intellectual property infringement claim.
The Process: Any arbitration between you and us will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms.
No Class Actions: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision: If we make any future change to this arbitration provision, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
Enforceability: If this Disputes section is found to be unenforceable, then the entirety of this Disputes section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the General section below will govern any action arising out of or related to these Terms and conditions.
Confidentiality: We each agree to keep the arbitration proceedings, all information exchanged between us, and any settlement offers confidential, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, and insurance providers.
TERMINATION
You agree that The Student Registry, in response to concerns of fraudulent or illegal activity or a material breach of these Terms of Service may suspend or terminate your account (or any part thereof) or your access to the Services and remove and discard any User Content or data at any time, and to the extent permitted by applicable law without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
USER DISPUTES
You agree that you are solely responsible for your interactions with any other User in connection with the Services and The Student Registry will have no liability or responsibility with respect thereto. The Student Registry reserves the right, but has no obligation, to become involved in any way with disputes between you and any other User of the Services.
GENERAL
These Terms and Conditions constitute the entire agreement between you and TCT LLC and govern your use of the Services, superseding any prior agreements between you and TCT LLC with respect to the Services. You also may be subject to additional terms of service that may apply when you use affiliate or third-party services, third-party content or third-party software.
PRIVACY NOTICE
At The Student Registry, we respect the privacy of our Users. For details please see our Privacy Notice. By using the Services, you acknowledge our collection, use and sharing of personal data as outlined therein.
QUESTIONS? CONCERNS? SUGGESTIONS?
Contact us at info@thestudentregistry.com