Terms of use of the website(s) of EducationRating

The present provisions regulate the terms of use, including the placing of contents, such as evaluations, field reports, advice, inputs, images, videos, audio files, etc., of the website(s) of EducationRating, and provide important guidelines relating to the informative value of evaluations. These terms are also valid if the website(s) of EducationRating are accessed from outside Europe or USA, independently of the nationality of the user.

By using this website you agree to these terms and declare that you have taken note of the general guidelines relating to the informative value of assessments.

1 Content of the website(s)

EducationRating (hereinafter “EducationRating”) operates this/these website(s) to promote education and to assess current educational institutions. It operates the following website(s): www.educationrating.com etc.

You agree that your review can be published on all our sites.

This/these website(s) contain(s) various types of information in word, vision and sound. It/they publish(es) evaluations, field reports, advice, inputs, images, videos, audio files by students and educational institutions, in particular.

Every person visiting the website(s) of EducationRating (hereinafter “user“) can obtain free information on the website(s) of EducationRating.

Every user who has attended a course at an educational institution (hereinafter “student“) can download or upload evaluations, field reports, images, videos and audio files from/to the website(s) of EducationRating free of charge.

Any educational institution, such as universities, colleges, schools, institutes, institutions of further education or language schools (hereinafter “educational institutions“) can conclude an agreement with EducationRating allowing them to upload their own content, advice and links to the website(s) of EducationRating in the format prescribed by EducationRating. To book a course, EducationRating can insert a link on the corresponding web address of the educational institution and/or of an agency. By clicking on the link, the user leaves the website of EducationRating. An agreement about a course is thus concluded between the user and the educational institution or agency exclusively and under the terms agreed between them. EducationRating is neither an intermediary nor a party to the agreement and assumes in this regard no obligations towards the user and the educational institution (particularly in respect of reservation, booking or collection).

2 General guidelines relating to the informative value of evaluations

Evaluations are made by students who can answer a number of pre-set questions and then compile a field report. The final evaluation is done automatically with an algorithm weighting the evaluations submitted for each question as per the criteria prescribed by EducationRating and then computing the final evaluation. EducationRating provides information on the weighting of the individual evaluations under Frequently Asked Questions (FAQ). EducationRating reserves the right to change the questions and the weighting at any time.

All evaluations, field reports, images, videos, or audio files of educational institutions, which are available on the website(s) of EducationRating, originate from third parties. It must also be borne in mind that any evaluations and field reports submitted merely represent the opinion of the respective student, and that the individual evaluations, field reports, images, videos, audio files, etc., are snap-shots. If, since the time of submitting an evaluation, a report, an image, a video, or an audio file, a longer time has elapsed, the user must take into consideration that the circumstances within the educational institution evaluated might have changed.

Individual images or videos can hardly suggest a complete view; captured motifs, by their nature, show only small details of the respective educational institutions and their circumstances. Furthermore, they do not necessarily show the educational institution itself but rather, by way of example, events, excursions or accommodation facilities which were taken part in or visited during the course. It is also to be borne in mind that expectations must be adjusted to the relevant country and that certain conditions of the educational institution may be affected by a given situation, by political circumstances or by other external influences.

In addition, the content of an evaluation depends very much on age, level of knowledge, interests and goals of the respective student.

Furthermore, evaluations do not claim to be representative in scientific terms, as too little evaluations are possibly on hand and not all aspects have been covered.

3 Rights and obligations of the students and of the educational institutions

3.1 Obligations concerning the uploaded content

The student and the educational institution assure they will not provide any erroneous or ambiguous details of themselves or other persons, and will not register under a false identity, in particular. The student may only use an alias where expressly indicated.

The student and the educational institution undertake not to upload any contents which would:

a. be wilfully or negligently untrue;

b. be of an offensive, threatening, coercing, defamatory, obscene, or pornographic nature, or glorifying violence;

c. be of a racist, seditious, or anti-constitutional nature or otherwise liable to prosecution or contrary to law;

d. violate existing rights, such as copyright, patent right, trademark rights, ancillary copyright, personal rights or property rights;

e. represent any advertisements, be these in disguised form (e.g. reports) and/or obvious, for goods, services and/or businesses;

f. identify other persons by name or place any images on which another person can be recognised, unless such person has explicitly agreed to the publication;

g. be capable of impacting the mode of operation of external data processing installations, particularly computers;

h. show any links or similar details or references to contents as per letters a to g.

Additionally, the student undertakes:

i. to designate any educational institution to be evaluated as precisely as possible, by using its exact name with any name affixes and indicating the exact addresses, in particular;

j. to submit an evaluation, place an image or upload any other contents only if he has attended himself a course at the educational institution to be evaluated;

k. to only submit evaluations which correspond to his own experience;

l. not to make any false and/or irrelevant evaluations and/or false statements about the educational institution or the persons attendant there;

m. to submit evaluations for the purpose of providing other students with an opportunity to get a more meaningful / impartial / comprehensive picture concerning a given educational institution. The same applies to images or other uploaded contents;

n. to compose any comments and evaluations to the best of his knowledge;

o. not to publish any personal details of other students or information thereof by whatever manner or means.

The educational institution further undertakes:

p. not to upload any evaluations by itself, by members of staff or by related parties, be this in respect of the own institution or another educational institution;

q. to always keep up to date the information uploaded by it.

3.2 Comments by the educational institutions

Should an educational institution be of the opinion that the evaluation by a student is untrue or renders the facts incorrectly, it can submit a written comment on such evaluation. It is left to the sole discretion of EducationRating to publish such comment on its website(s). If EducationRating publishes the comment, such publication will be positioned below the respective evaluation. A comment must not exceed 480 characters, must only and exclusively refer to relevant facts and must be compliant with item 3.1. EducationRating has the right to check the content of a comment and to ensure that the comment originates from the educational institution mentioned in the respective evaluation.

3.3 Granting of rights to uploaded contents and assurances

The student or the educational institution, respectively, assures EducationRating that he/it is the holder of all rights, including, in particular, the copyrights to the uploaded contents (such as evaluations, field reports, advice, inputs, images, videos, audio files). Should the student or the educational institution, respectively, not be himself/itself the holder of the rights to a content uploaded by him/it, he/it warrants that he/it has legally obtained all the necessary permissions (including the right to sublicensing, in particular) and that the required consent of the holder is in place. The student assures, in particular, that he has uploaded any images or videos on which third parties can be recognised, only with the express agreement of the third parties concerned.

The student or the educational institution, respectively, gratuitously and irrevocably assigns to EducationRating the right of utilisation of the uploaded materials, unrestricted in terms of time, subject matters, and place, allowing for the use of the contents in any form and in any media (in particular, print, Internet, television, mobile telecommunication platforms). This encompasses, in particular, the right of reproduction, distribution, transmission, as well as the right to communication to the public, the right to make available to the public, the right of broadcasting, and the right of communication by video and audio recordings.

The student agrees that his images and also texts are moved to other headings and that the images can be compressed. The student agrees that his remaining contents can also be edited or deleted or translated into other languages (including machine translations) by EducationRating and in due observance of his moral rights.

The student or the educational institution, respectively, is solely responsible for the contents made available by him/it (such as reports / images / videos /audio files).

3.4 Deletions and markings

Should a student or an educational institution violate his/its obligations as per items 3.1 or 3.3, EducationRating has the right to modify or remove the respective contents without notice or stating any reasons. More generally, EducationRating has the right to modify or remove any contents without stating the reasons for it.

Should an educational institution repeatedly violate its obligations as per item 3.1 p, EducationRating has the right to mark (“flag”) the respective educational institution, accordingly.

4 Rights and obligations of the users (including students and educational institutions)

4.1 Disruption of website(s)

Any attempt to disrupt the correct mode of operation of the website(s) of EducationRating is prohibited. It is prohibited, in particular, to attempt to bypass the security functions, to make any changes to the computer systems, servers, routers or to other equipment connected to the Internet, to gain unauthorised access to these, or to disrupt by whatever manner or means the functioning of these systems or equipment.

4.2 Copyrights and trademark rights

The contents published on the website(s) of EducationRating (such as products, trademarks, reports, images, videos, audio files) and the software used are legally protected. Any type of reproduction, distribution, or other utilisation, particularly of a commercial nature, of communication to the public, modification and/or deletion by the users, is prohibited. This also includes the integration and display of contents (incl. software) on external websites via links.

It is solely permitted to make a copy of contents for personal and non-trade / non- commercial use, provided the origin remains clearly recognisable, for instance, by indicating the source.

Should you suspect that on or originating from the website(s) of EducationRating, respectively, your trademark rights are being violated or that otherwise governing law is being violated, please pass this on without delay, so that EducationRating can take action as appropriate.

5 Rights and obligations of EducationRating

EducationRating provides no warranty regarding quality, completeness, integrity, authenticity, up-to-dateness, correctness, or availability of the contents procured or published. This also applies to any details in respect of services and prices of courses, which EducationRating are provided with by the respective educational institution. EducationRating offers such information to the user merely as an indication.

The user is aware that the contents on the website(s) can be changed at any time. EducationRating therefore provides no warranty regarding their correctness, completeness, up-to-dateness or other qualities.

EducationRating reserves the right to examine the contents at all times and to change, complete or delete the information provided without prior or other notice. Furthermore, EducationRating provides no warranty regarding the continuous availability of contents. EducationRating specifically reserves the right to block, amend, supplement, delete or to discontinue publication temporarily or for good, without notice and for a freely defined period, parts of the website(s), whole pages or the entire website(s).

EducationRating points out explicitly that the contents uploaded by students and educational institutions by no means represent any comments, statements, evaluations or recommendations made by EducationRating or which could be attributed to it.

Using any social media login (facebook™, twitter™, instagramm™, pinterest™, youtube™, etc.) the student gives EducationRating the permission to use the social media nickname or name, profile pictures, content and all other information you are confirming by using your login.

Through the publication on the part of EducationRating or the access and download by the user of this or other contents, respectively, no information or advice is provided, in particular. This applies, in particular, to the selection and/or recommendation of courses and their bookings, even if the user has acted on the basis of information published on the website(s) of EducationRating. The user agrees that he will use these contents at his own risk.

This also refers to the communication platforms on the website(s) of EducationRating. The contents published there are neither checked nor approved. It is merely a matter of public communication.

EducationRating is not liable for this and does not appropriate any such contents.

The user has to ensure himself that his computer system complies with the specifications required for using the website(s) of EducationRating. The website(s) of EducationRating have been optimised for Chrome™, Firefox™ and Internet Explorer™ from version 10.

Moreover, EducationRating provides no warranty that the contents displayed on the website(s) are free from viruses or/and other codes/data structures that could have a destructive or other impairing effect on them. The user is furthermore responsible himself for adequately protecting his data processing equipment to this end.

6 Liability and indemnification

Any liability claims against EducationRating relating to property damage of a material or immaterial nature, which were caused by the use or disuse of the website(s) and the information presented, or due to the use of erroneous, incomplete or obsolete information, respectively, are excluded, unless such damage had been caused on the part of EducationRating deliberately or through gross negligence.

The user, the student, and the educational institution undertake to indemnify and to hold EducationRating harmless upon first request from any claims by third parties, including appropriate or statutory costs for legal action, which would be due to non-contractual, improper and/or unlawful use of the website(s) and the respective contents. The user will assist EducationRating in the protection against such claims, in particular by providing all the information required for the purpose of defence. The user is obligated to pay compensation for any costs incurred by EducationRating in the successful assertion and protection against such claims on the part of third parties.

7 Data protection

7.1 General positions

All personal data, such as name, address, password, which the student or the educational institution, respectively, provides via the website(s) of EducationRating, are treated in accordance with current data protection regulations, as well as this item 7.

EducationRating has the right to collect and process data for the identification of students or the educational institutions, respectively. These data can be used by any user of the website(s) to contact the student, provided the student has given his express consent thereto, which he can revoke at any time. EducationRating may also use such data to contact the student for control purposes and to enforce its rights and obligations under these terms. Furthermore, EducationRating has the right to collect and process data concerning the courses visited by students, including, in particular, details in respect of their registration, completion, certificates and course confirmations, in order to ensure that the students have the right to submit any evaluations about a given educational institution.

Additionally, the user’s attention is drawn to the fact that EducationRating uses or can use cookies, tracking pixels or other technical procedures to observe his surfing patterns. In doing so, EducationRating collects anonymous data (such as IP addresses, types of browsers, Internet service providers, dates and times) and can publish on its website(s) (anonymously) various search queries and search behaviour.

7.2 Consent to publication of the alias and other contents

The student herewith agrees that his name/alias and other data (if so indicated), which he enters into the corresponding template, be made available together with the evaluations, images, facebook images (if looged in via facebook), videos, audio files and other contents uploaded by him, to all users of the website(s) in all countries and in all languages.

7.3 Forwarding of data to third parties and transmission abroad

If EducationRating may forward personal data (e.g. to provide certain technical services to the website(s) of EducationRating) to third parties to the extent permitted by law.

EducationRating will only transmit personal data to authorised bodies (such as law enforcement agencies) if it is obligated to do so due to statutory provisions or on the basis of a court order, or if it is necessary in order to remedy a violation of these terms.

The student or the educational institution, respectively, herewith expressly agrees that such personal data be transmitted abroad (e.g. for a hosting on virtual servers), including in cases, in particular, where the foreign countries concerned do not have sufficient data protection.

7.4 Right to information

Every user may request information on his personal data processed by EducationRating. This information occurs basically free of charge.

8 Changes of the terms

EducationRating reserves the right to change these terms without being bound to notify the user of this. The website(s) of EducationRating always publish(es) the current version. By using these website(s), the user agrees to the current version of the terms.

9 Severability clause

If parts of this wording should not, no longer or not completely correspond to current legislation, the contents and validity of the remaining parts will remain unaffected by this, and the invalid part will be deemed substituted by such wording which would come closest to the sense and purpose of the invalid part.

10 Applicable law and place of jurisdiction

Seychelles substantive law applies, subject to national or international mandatory legal provisions to the contrary.

Exclusive place of jurisdiction is Seychelles.

© 2019/20 - EducationRating. All rights reserved.