Terms of Service

Last Updated: February 2025.

Welcome to the FreshStudent Terms of Service (“Terms”). These Terms are important because they:

  • Describe the terms that you and other users must follow when using our services;
  • Explain your obligations to FreshStudent when using our services;
  • Contain a class action waiver for any dispute that may arise (meaning any disputes will be conducted only on an individual basis); and
  • Explain what to do if there is a problem.

PLEASE REVIEW THESE TERMS CAREFULLY AND MAKE SURE YOU UNDERSTAND THEM BECAUSE THESE TERMS FORM A LEGAL AGREEMENT BETWEEN FRESHSTUDENT AND YOU. YOUR USE OF, AND ACCESS TO, THE SERVICES ARE CONDITIONED ON YOUR COMPLIANCE WITH, AND ACCEPTANCE OF, THESE TERMS. IF YOU DO NOT UNDERSTAND THE TERMS, OR DO NOT ACCEPT ANY PART OF THEM, THEN YOU MAY NOT USE THE SERVICE. THESE TERMS INCLUDE A CLASS ACTION WAIVER.

Please also review the FreshStudent Privacy Policy and Cookie Policy to learn how FreshStudent handles personal data. If you reside outside of the UK, your acceptance of these Terms constitutes your consent to the processing activities described in our Privacy Policy under the laws of your jurisdiction.

Introduction

These Terms apply to access and use of the websites, applications, and other online services in or to which these Terms are linked (“Services”). The Services are made available by The Fresh Student Limited and their affiliates (altogether, “FreshStudent”, “we”, or “us”). These Terms apply whether you are a Member or just browsing. The Fresh Student Limited is incorporated and registered in England and Wales with company number 15681268 and registered office at Silverstream House 4th Floor, 45 Fitzroy Street, London, United Kingdom W1T 6EW.

You must be 13 years or older to use any part of the Services. If you are less than 18 years of age and would like to use any part of our Services, please ask your parent or legal guardian to review and agree to these Terms with you and on your behalf and bear responsibility for your use before you use any part of the Services. If you are a parent or legal guardian of a child under the age of 18, by allowing your child to use the Services, you confirm that you have the legal authority to bind them and understand that you are subject to the terms of this agreement and responsible for your child’s activity on the Services. FRESHSTUDENT DOES NOT KNOWINGLY PERMIT CHILDREN UNDER AGE 13 TO USE THE SERVICES. If you learn or suspect that anyone under age 13 has created (or attempted to create) an account, please notify [email protected]

BY CLICKING THE ‘JOIN NOW’ BUTTON OR CREATING AN ACCOUNT, YOU REPRESENT TO FRESHSTUDENT THAT YOU ARE ELIGIBLE TO USE THE SERVICES AND AGREE TO BE BOUND BY THESE TERMS. THESE TERMS ALSO GOVERN ALL USE OF THE SERVICES, WHETHER ACCESSING OUR WEBSITES, DOWNLOADING THE FRESHSTUDENT MOBILE APP, OR BY USING ANY OF OUR OTHER SERVICES THAT LINK TO THESE TERMS. If you are not eligible or do not agree to these Terms, you are not authorised to use the Services.

What is FreshStudent?

FreshStudent provides an online platform for designated groups (such as students enrolled in tertiary education or equivalent training at a university or institution) to qualify as part of a gated community (“Verification”). A Verified individual (“Member”) can then access promotions including, without limitation, vouchers, discounts, giveaways, employment and educational opportunities (“Offers”), and complete transactions with participating brands and service providers (“Partners”) that advertise their products and services to our Members. As part of the Services, FreshStudent identifies your preferences and recommends Offers and other content that we believe interests you and otherwise personalises your experience of the Services (including third-party advertising). To take advantage of an Offer made available by a Partner, you may need to navigate to the Partner’s website, whether by clicking directly through to the Offer and/or entering the discount code you received for a purchase from a Partner. If you are under 18 years of age, certain Offers that are available to Members aged 18 and older may not be available to you to redeem.

When do these terms apply?

These Terms apply to the Services, which include, without limitation:
  • freshstudent.co.uk(“Website”);
  • the FreshStudent mobile application available in The App Store and Google Play (“App”);
  • use of our embedded iframe found on websites of our Partners; and
  • any other FreshStudent-operated online service in or to which these Terms are linked.
Different terms and conditions may apply for the online services for job applicants, current and prospective Partners and suppliers, GenZ Insights, and Corporate webpages. Additional terms may apply to certain features of the Services (“Additional Terms”). All Additional Terms are part of, and are incorporated by this reference into, these Terms. When presented to you, you must agree to the Additional Terms before using the features of the Services to which they apply. These Terms and the Additional Terms will apply equally unless any part of the Additional Terms is with these Terms, in which case the Additional Term(s) will overrule the incumbent Term(s) in the event of an inconsistency.

Will FreshStudent change the Services?

FreshStudent continuously works to improve the Services. As a result, FreshStudent may, from time to time, introduce updates, error corrections, and other changes to the Services (“Updates”). FreshStudent reserves the right to make or not make Updates. If FreshStudent makes Updates, you agree and authorise FreshStudent to implement Updates with or without notice to you.

FreshStudent also may introduce new features and functionality that enhance the Services that were not previously part of the Services (“New Features”). FreshStudent reserves the right at any time to add New Features and to charge fees for New Features or access to portions of the Services or the Services as a whole. In no event, however, will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. If at any time we require a fee for portions of the Services that are now free, we will give you advance notice of such fees. You may cancel your account at any time. All new fees, if any, will be posted prominently on the Website, App, and in other appropriate locations on the Services. You shall pay all fees incurred through your account at the rates in effect for the billing period in which such fees are incurred, including but not limited to charges for any digital products or services offered for sale through the Services by us or by any other vendor or service provider. All fees shall be billed to and paid for by you. You shall pay all applicable taxes relating to the use of the Services through your account. FreshStudent may make New Features available solely for you to try and evaluate before they are generally available to Members. When New Features are available for you to try before others have access to them, we refer to the New Features as “Trial Services.“ Some Trial Services require you to pay fees to use them. If you agree to use the Trial Services, you will also agree to provide feedback about the Trial Services as reasonably requested by FreshStudent. FreshStudent reserves the right to modify Trial Services without notice until Trial Services are deemed part of the Services and/or we decide not to make the Trial Services part of the Services.

NOTWITHSTANDING THE OTHER SECTIONS OF THESE TERMS ABOUT OUR LIABILITY TO YOU, TRIAL SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND AND FRESHSTUDENT PARTIES SHALL HAVE NO LIABILITY OF ANY KIND ARISING FROM YOUR CHOICE TO USE TRIAL SERVICES. IF ANY EXCLUSION OF LIABILITY WITH RESPECT TO THE TRIAL SERVICES IS NOT ENFORCEABLE UNDER APPLICABLE LAW, FRESHSTUDENT PARTIES SHALL ONLY BE LIABLE FOR DIRECT LOSSES, UP TO THE AMOUNT PAID BY YOU FOR THE TRIAL SERVICES.

Nothing in this section limits FreshStudent’s right to restrict access to certain parts of the Services or discontinue the Services or any content that we provide through the Services at any time, without notice or liability to you. We do our best to make sure that the Services are fully operational at all times but FreshStudent is not liable to you if for any reason the Services are unavailable from time to time.

Will FreshStudent change the Terms?

The Effective Date of these Terms is set forth at the top of this webpage. We may change, add, or remove portions of these Terms at any time to reflect Updates or New Features or changes to applicable law. If FreshStudent makes material modifications to these Terms that reduce your legal rights, we will post notifications in the Services and/or notify Members using the email addresses in their accounts at least ten (10) business days in advance. The amended Terms supersede all previous versions of our agreements, notices, or statements of or about these Terms. It is your responsibility to review these Terms prior to each use of the Services. If you do not agree to the Terms as amended, then you must cancel your account and stop using the Services before the end of the notice period. Your continued use of the Services after the end of the notice period specified in the notification or receipt of the notification will indicate acceptance by you of such Terms, changes, or modifications. We will not make changes that materially and retroactively reduce your legal rights without notice unless we are legally required to do so or to protect the rights of other users of the Services.

Is an account required?

You must register and verify your email, as a Member, to access Offers and other gated parts of the Services. In order to provide continuing access to the Services, FreshStudent will require you to complete Verification from time to time. You may not create an account if you were previously suspended or terminated from using the Services. We also may ask you to provide information, such as your name, personal and/or academic email addresses, phone number, date of birth, preferences, opinions, and other details about yourself that you choose to share as part of the account creation process. To learn more about how we process personal data we collect from you, please see the FreshStudent Privacy Policy. You promise that any information that you submit to FreshStudent is true, accurate, and complete and you agree to keep it that way at all times. You agree that you will not create an account for anyone other than yourself (unless accompanying a minor, 13-17 years old), create an account with the intent to impersonate another person or falsify any element of Verification. FreshStudent reserves the right to deny registration or Verification or to cancel or suspend an account at any time if we detect or suspect a violation of these Terms.

When creating an account, you will create login credentials when you provide an email address and receive a verification link for the account activation. Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. You are responsible for maintaining the confidentiality of your credentials, and for all activities that occur using your account. Failure to comply with this requirement is a breach of these Terms, which may result in immediate suspension or termination of your account.

You agree to notify us immediately at [email protected] if you detect or suspect unauthorised use(s) of your account, or other breaches of security. Please use particular caution when accessing your account from a public or shared computer or sharing your device so that others are not able to view your credentials or other personal data.

Engaging in any fraudulent, abusive, or otherwise illegal activity may result in suspension or termination of your account at our sole discretion. Additionally, we may report such activities to the appropriate law-enforcement agencies.

Does FreshStudent charge for membership?

The Services are provided to you as a free service but FreshStudent may receive fees or commissions when you make a purchase or otherwise engage with Offers on Partners’ websites or in stores. Being exposed to advertising is a condition of accessing the Services. Certain elements of the Services may require payment, such as a paid subscription, but FreshStudent will provide you with a choice about whether to use the paid features. You are solely responsible for any and all charges, fees, and other costs related to the use of the Services, including the equipment and internet connection necessary to access the Services. If you access and use the Services on your mobile device, you agree that you are solely responsible for all charges that you incur from your internet or mobile service provider.

Although FreshStudent tries to ensure that the Offers available via the Services are among the best available, we are not responsible if you find a greater discount or lower price elsewhere. Our Partners, not FreshStudent, decide on the terms of the Offers.

Who owns the Services?

FreshStudent owns the Services and owns or has a licence for the content in the Services. The content of the Services are intended for your personal, non-commercial use. FreshStudent and its third-party licensors are and will remain the sole and exclusive owners of all right, title, and interest in and to the Services, including all intellectual property rights in design, content, selection and arrangements (“Services Content”). You own all of your User Content, as described below.

The Services Content includes the FreshStudent name and all related names, logos, product and service names, designs, and slogans (“FreshStudent Trademarks”). We also own copyright in the selection, coordination, compilation, and enhancement of the Services Content. You are required to comply with copyright notices, information, or restrictions contained in any content accessed through the Services. You cannot use the FreshStudent Trademarks without FreshStudent’s prior written permission. All names, logos, product and service names, designs, and slogans of Partners and other third parties that appear on or in the Services are the trademarks of their respective owners.

You have no right, licence, or authorization with respect to Services Content except as expressly set forth in these Terms. The Services are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. For clarity, you agree not to (and not to permit any third party to):

  • remove any copyright, trademark, or other proprietary rights notice contained in the Services;
  • create and/or publish your own database that features parts of the Services, such as Offers and Partners, without FreshStudent’s express prior written consent;
  • reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Services Content except as expressly authorised in these Terms;
  • use any robot, spider, search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Services; and
  • otherwise violate or infringe the proprietary rights of FreshStudent or its third-party licensors in and to the Services Content at any time.

You own your User Content but give FreshStudent the right to use it. The Services may contain forums and other interactive features that allow you and other users to post, submit, publish, display, or transmit content or materials (collectively, “User Content”). You own the User Content you create unless the terms and conditions applicable to your submission of User Content state otherwise. You understand and acknowledge that you are responsible for your User Content, including its legality, reliability, accuracy, and appropriateness. Whether you submit User Content through the Services or FreshStudent’s social media pages, you grant FreshStudent (including our vendors that help us operate the Services and each of our respective successors and assigns) the unrestricted, perpetual, worldwide, non-exclusive, royalty-free, fully-paid right and licence (and right to sublicense through multiple tiers) to use, host, store, reproduce, modify, publicly display, publish, remove, perform, translate, distribute, and otherwise disclose to third parties your User Content, in whole or in part, for any purpose and in any media now known or hereafter developed, to the extent permitted by law. You waive any rights you may have in having the material altered or changed in a manner not agreeable to you. No moral rights are transferred by the right and licence to User Content that you grant to FreshStudent in these Terms.

When you provide User Content, you represent and warrant to FreshStudent that:

  • You own or control all rights in and to your User Content and have the right to grant the rights and licence granted to FreshStudent above in these Terms;
  • Your User Content does not violate the rights of any other person or entity, such as rights of privacy and publicity and intellectual property rights;
  • Your User Content is true and accurate; and
  • All of your User Content complies with these Terms and all applicable laws, rules, and regulations.

Your User Content must comply with all of the following rules:

  • User Content must not contain any material that is libellous, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable or illegal.
  • User Content must not promote sexually explicit or pornographic material, violence, or discrimination based on race, religion, nationality, disability, gender, sexual orientation, gender identity, or age.
  • User Content must not deceive or intend to deceive any person.
  • User Content must not promote any illegal activity or advocate, promote, or assist any unlawful act.
  • User Content must not misrepresent your identity or affiliation with any person or organization or give the impression that your User Content is endorsed by FreshStudent or by any other person or entity if this is not the case.
If you believe that User Content violates these Terms, please notify us at [email protected], including a description of the specific User Content and its location. To the extent permitted by law, you agree to indemnify FreshStudent for all claims brought by a third party against FreshStudent arising out of or in connection with your User Content.

In addition to User Content, you may, from time to time, choose to provide FreshStudent with ideas, suggestions, or other feedback about the Services. You own your feedback but, by providing feedback to FreshStudent, you agree and hereby grant to FreshStudent a fully-paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sub-licensable right and licence to use, reproduce, perform, display, distribute, adapt, modify, reformat, and create derivative works of and otherwise exploit in any manner all of your feedback. You also acknowledge and agree that FreshStudent may use feedback in the Services as long as you are not directly identified without your prior written permission. All of your feedback is considered non-confidential and non-proprietary.

What are permitted uses of the Services?

Subject to your compliance with these Terms, FreshStudent grants you, solely for your non-commercial use, a personal, limited, non-exclusive, non-transferable, revocable, and limited right to access and use the Services and to download one (1) copy of the App.

You must use the Services for lawful, personal, and non-commercial purposes only and not for any fraudulent purposes or in connection with any unlawful activity. You may not access or use, or attempt to access or use, the Services to take any action that could harm us or a third party. Without limiting the foregoing, you must not, and you agree not to, attempt to yourself or encourage or allow any third party to:

  • gain (or attempt to gain) unauthorised access to the Services or FreshStudent’s computer systems or networks through hacking or other means, or to violate the security of any computer or security network;
  • use the Services in any manner that you know or should know could damage, disable, overburden, or impair FreshStudent’s servers or networks;
  • discriminate, harass, threaten, deceive, embarrass, harm or cause annoyance, inconvenience or anxiety to others, or otherwise interfere (or attempt to interfere) with any other party’s use and enjoyment of the Services;
  • use the Services on behalf of anyone other than yourself;
  • copy, modify, adapt, translate, reverse engineer, decode, or otherwise attempt to derive or gain access to any portion of the Services;
  • remove any copyright, trademark, or other proprietary rights notice contained in the Services or otherwise infringe or violate the intellectual property rights of any third party;
  • use any robot, spider, search/retrieval application or other automated device, process or means to access, retrieve, scrape, or index any portion of the Services;
  • rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or any feature or functionality of the Services to any third party for any reason;
  • reformat or frame any portion of the web pages that are part of the Services, including to resell or distribute products; or
  • use the Services to send any unauthorised or unsolicited commercial or promotional content.

FreshStudent reserves the right to monitor and record activity in the Services to the fullest extent permitted by applicable law and in accordance with our Privacy Policy. Engaging in a prohibited use of the Services may result in suspension or termination of your account (at our sole discretion), as well as civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.

Do any Terms apply specifically to using the App?

Except as expressly stated in this Section 10, these Terms apply to your download, access, and use of our App. Unlike a website, a mobile application is a software that is downloaded to and installed on your mobile device. Even though it is downloaded to your mobile device, our App is licensed – it is not sold to you. You do not acquire any ownership interest in our App or any other right other than to use the App in accordance with and subject to these Terms. You may download a single copy of the App to a mobile device owned or otherwise controlled by you solely for your own personal, non-commercial use. To provide you with certain functionalities, the App must access various functions and data on your mobile device. For more information about how personal data is handled by the App, please review the FreshStudent Privacy Policy. The App and the rest of the Services may not have the same content.

We may, from time to time, develop and provide Updates to the App. Based on your mobile device settings, when your mobile device is connected to the Internet, either the App will automatically download and install all available Updates, or you may receive notice of, or be prompted to, download and install available Updates. You agree to download and install all Updates and acknowledge and agree that the App may not properly operate if you do not. All Updates to the App are deemed part of the App and the Services and subject to all terms and conditions of these Terms.

FreshStudent reserves and retains the entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.

When you download the App from Apple’s App Store or Google Play (each, an “App Platform”), you acknowledge and agree that:

  • As between FreshStudent and the App Platform, FreshStudent is solely responsible for the App.
  • The App Platform has no obligation to provide any maintenance and support services with respect to the App.
  • If our App fails to conform to any applicable warranty: (i) you may notify the App Platform and the App Platform may refund the purchase price for the App (if applicable), (ii) to the maximum extent permitted by applicable law, the App Platform will have no other warranty obligation whatsoever with respect to the applications, and (iii) any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty is, as between FreshStudent and the App Platform, FreshStudent’s responsibility.
  • The App Platform is not responsible for addressing any claim you have relating to the App or your possession and use of the App.
  • If a third party claims that the App infringes another party’s intellectual property rights, as between the App Platform and FreshStudent, FreshStudent is responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim.
  • The App Platform and its subsidiaries are third-party beneficiaries of the applicable terms of use as they relate to your licence to use the App. Upon your acceptance of the terms and conditions of our terms of use, the App Platform will have the right (and will be deemed to have accepted the right) to enforce the terms of use as related to your licence of the App against you as a third-party beneficiary of the terms.
  • You must also comply with all third-party terms applicable through the App Platform when using the App.

To learn more about the specific data collected by the App, please check your mobile device settings or review the disclosures on the App Platform from which you downloaded the App. To stop the collection of all data through the App, please uninstall it.

You hereby represent and warrant that:

  1. you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and
  2. you are not listed on any U.S. Government list of prohibited or restricted parties.

When do these Terms take effect? When do they terminate?

These Terms are effective when you acknowledge to have read and understood them as part of Verification or another process, download the App, or use any of the Services in which these Terms are linked. These Terms are in effect until terminated by you or FreshStudent. You may terminate your account at any time by contacting us at [email protected] and/or deleting your account.

FreshStudent reserves the right to terminate or suspend an account and access to the Services with or without notice if FreshStudent has a reasonable basis to believe that a Member or other user of the Services is accessing or using the Services in violation of these Terms, or in violation of any law applicable to your use of the Services. FreshStudent may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. When these Terms terminate, the rights granted by FreshStudent terminate, and you must cease all use of the Services and delete all copies of the App from your mobile device.

Termination does not and will not limit any of FreshStudent’s or your rights and remedies at law or in equity.

Who is responsible for Linked Services?

The Services contain links to other websites and resources provided by third parties, including Partners, social media platforms, and in advertisements (collectively, “Linked Services”). FreshStudent cannot and does not control Linked Services even though some Linked Services allow you to export your information to them, such as “like” or “share” features on social media. FreshStudent is not responsible for and does not endorse or accept any responsibility for the contents or use of Linked Services and third-party websites. Please carefully review the privacy policies and other terms of use for all Linked Services. If you decide to access any of the Linked Services, you do so entirely at your own risk and subject to the terms and conditions applicable to the Linked Services and not these Terms.

For clarity, all products or services you purchase from a Partner are priced, fulfilled, and shipped by the applicable Partner and not by FreshStudent. FreshStudent is not an agent, reseller, or distributor of or for Partners or Partners’ products or services. FreshStudent does not assume any responsibility and is not responsible for any issue arising from or related to your purchases or interactions with Partners, including for any claim, product liability claim, injury, property damage, improper charges, delivery, failures, promotional codes, pricing errors, or inaccurate product descriptions, whether they are online or in-store, even if you do not have a separate account with a Partner. If you are unhappy with your purchase from a Partner or if you have another customer service issue regarding a Partner’s product, you must contact the Partner. The Services may include third-party software that is offered generally available free of charge under open source or similar licences (“Third Party Software”). Although the Services provided to you are subject to these Terms, Third Party Software included in the Services may be subject to other licences or usage terms, which will be presented to you as and when applicable.

How is FreshStudent's liability limited under these Terms?

Disclaimer of Warranties

FRESHSTUDENT DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY OFFERS, PROMOTIONS, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SERVICES.

WHERE PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FRESHSTUDENT, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND CONTENT AND SERVICE PROVIDERS (COLLECTIVELY, THE “FRESHSTUDENT PARTIES”), EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, NONE OF THE FRESHSTUDENT PARTIES PROVIDES ANY WARRANTY OR UNDERTAKING OR MAKES ANY REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE TIMELY, SECURE, UNINTERRUPTED, ERROR-FREE, OR THAT ANY ERROR OR DEFECT CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

FreshStudent’s Liability

FreshStudent is liable for reasonable direct and foreseeable damages caused by FreshStudent’s material breach of these Terms, subject to the provisions of these Terms.

Limitations of FreshStudent’s Liability

To the fullest extent permitted by applicable law, FreshStudent is not and will not be responsible or liable for:

  • damages that are not foreseeable, including without limitation consequential damages;
  • exemplary or punitive damages (which are damages intended to punish the wrongdoer);
  • any loss of profit, loss of business, loss of contract, business interruption, anticipated savings, goodwill, or loss of business opportunity in connection with your use of the Services;
  • viruses or other malicious software obtained by accessing the Services or errors, glitches, delays, or disruptions in the Services; or
  • losses related to actions of any third party, including use of or inability to use Partners’ websites.

Nothing in these Terms is intended to exclude or limit liability in any way that is unlawful, including liability for death or personal injury caused by our negligence or for fraudulent misrepresentation or other intentional conduct. These Terms are between you and us and no other party has any rights under these Terms, including the right to enforce any part of these Terms.

As a consumer, you benefit from any mandatory provision of the law of the jurisdiction in which you reside. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law.

How are disputes about these Terms resolved?

FreshStudent would appreciate the opportunity to solve any issue about the Services with you directly. If you would like to bring a matter to our attention, please contact us at [email protected]. To the extent permitted by applicable law, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one year after such claim or cause of action arose or be forever barred. For all individuals outside of the United States and Canada: You and The Fresh Student Limited agree that these Terms are governed by and construed in accordance with the laws of England and Wales and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If you are an EU resident, you may bring a claim to enforce your consumer protection rights in connection with these Terms in England and Wales or in the EU country in which you live. Also, the European Commission provides an online dispute resolution platform, which you can access here1. More information about your rights as a consumer is available here2.

How will FreshStudent communicate with Members?

When you use the Services or send emails to us, you are communicating with us electronically. Depending on your account settings and your choices, we will communicate with you electronically in a variety of ways, such as by email, text message, App push notification, or by posting a message on the Website, in the App, or otherwise through the Services, such as in your account. Some of
these communications are automatic and some are sent by default as part of the Services. We may add or remove certain types of communications from time to time. You can adjust whether you receive certain electronic communications in your account settings. Although you can disable certain communications, we may still send you notices as needed to allow us to provide you with the Services. You agree that all agreements, notices, disclosures, and other communications that we electronically provide to you satisfy any legal requirement that such communications be in writing unless mandatory applicable laws specifically require a different form of communication. Certain electronic communications may be subject to fees or charges from your carrier or service provider. Electronic communications are sent to the email address you have provided in your account. If your email address changes, you are responsible for informing FreshStudent. Changes to your email address will apply to all of your communications from us. Certain communications could include information about your account. Anyone with access to your email account or mobile device could view the content of these communications. When we send marketing or promotional communications, we do so based on your consent as and when required. You also can control our marketing communications through your account.

Miscellaneous

  • These Terms (including our Privacy Policy contain the sole and entire understanding by and between FreshStudent and you with respect to the Services and matters contained herein and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
  • These Terms are for the benefit of and are binding on FreshStudent’s and your respective permitted successors (for example, in the event of a corporate reorganisation).
  • FreshStudent may assign these Terms to a successor in interest (in whole or in part) but you may not assign the Terms without the prior express written consent of FreshStudent.
  • Our failure to enforce any provision of these Terms or to respond to a breach by you or other parties shall not in any way constitute a waiver of our right to enforce subsequently any terms or conditions of these Terms or to act with respect to similar breaches.
  • If a provision of these Terms is held invalid or unenforceable for any reason, that provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the intention of the parties, and the remaining provisions will not be affected and remain in full force and effect.
  • Nothing contained in these Terms creates a relationship of partnership, joint venture, or agency between FreshStudent and you.
  • If FreshStudent is or you are prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such cause.
  • The provisions of these Terms intended by their nature to survive termination or expiration shall so survive the termination of your account or access to all or part of the Services.
  • Headings and captions are for convenience only. Except as otherwise provided or made clear by the context, use of the words or phrases including, include, in particular, for example, such as, or any similar expression, are to be construed as illustrative and will not limit the sense of the words, descriptions, definitions, phrases, or terms preceding or following those words.
  • In the event of any discrepancy between a non-English version of these Terms of Service and the English version of these Terms of Service, the English version shall prevail in all respects.

How do I contact FreshStudent?

To contact FreshStudent about these Terms, please contact us:
  • By Email: [email protected].
  • By Post: The Fresh Student Limited, Silverstream House 4th Floor, 45 Fitzroy Street, London, United Kingdom W1T 6EW

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