Our Terms and Conditions were last updated on 12th April 2022.
Please read these terms and conditions carefully before using Our Service.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
● “Application” means the software program provided by the Company downloaded by You on any electronic device, named Pagoda Portal
● “Application Store” means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
● “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
● “Account” means a unique account created for You to access our Service or parts of our Service.
● “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Pagoda Projects Ltd.
● “Country” refers to England and Wales.
● “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
● “Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.
● “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
● “Service” refers to the Website.
● “Terms and Conditions” (also referred as “Terms“) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
● “Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
● “Website” refers to PagodaProjects.com, accessible from https://pagodaprojects.com.
● “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
● Unlawful or promoting unlawful activity.
● Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
● Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
● Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
● Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
● Impersonating any person or entity including the Company and its employees or representatives.
● Violating the privacy of any third person.
● False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email admin@pagodaprojects.com and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and solicitors’ fees) for misrepresenting that any Content is infringing Your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
● An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
● A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
● Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
● Your address, telephone number, and email address.
● A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
● A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email admin@pagodaprojects.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or £50 GBP if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, 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, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
● By visiting this page on our website: https://pagodaprojects.com/contact
● By sending us an email: info@pagodaprojects.com
In addition, where necessary, your personal data may be shared:
Where we transfer personal data outside the EEA we will ensure that there are adequate safeguards to protect your privacy rights under Data Protection Law.
TABLE OF PERSONAL INFORMATION WE USE
The table below sets out detailed information about our purposes for processing, the basis for processing and the retention period for the personal data.
|
CATEGORY OF PERSONAL DATA |
PURPOSE OF PROCESSING
|
LAWFUL BASIS FOR PROCESSING
|
RETENTION PERIOD
|
|
Name and contact details
|
To give access to the App and to deliver information about our programmes, application processes and services to you To send you future updates about new programmes, applications or services that apply to you For fraud prevention and detection To contact you with information, newsletters and marketing materials about our programmes and services We may also share this data with the correct visa centre or carefully selected third party visa agent in relation to in-person programmes. |
Performance of contract Compliance with legal obligation Consent |
For six years since you gave consent, or until you withdraw consent
|
|
Contact History |
To provide customer service and support To train our staff and ensure that information is pertinent, concise and repeated |
Performance of contract Legitimate interests in dealing with complaints or claims |
For six years since you last contacted us regarding your inquiry, application or programme |
|
Payment Information
|
To take payment for deposits and give refunds to participants on our programmes To take payment and give refunds to Pagoda Members and university or government partners and customers For fraud prevention and detection
|
Performance of contract Compliance with legal obligation Consent
|
For three years since the last payment or refund was paid on that programme or contract, or until you withdraw consent |
|
Purchase History for
|
To provide customer service and support and handle returns or refunds To ask for feedback on our services and to propose any changes or renewal of those services
|
Performance of contract Legitimate interest to further commercial activity Consent
|
For six years since you gave consent, or until you withdraw consent |
|
Browser, device and Site usage information
|
To improve the Site To protect the Site against fraud To set default options for you, such as language and currency
|
Performance of contract Legitimate interest in maintaining our Site |
For three years since you last logged on to the Site |
|
Responses to surveys, competitions & promotions for
|
To run the survey, competition or promotion Statistics for use on our Site, printed marketing materials or social media channels, or shared with third parties with the purpose of marketing or partnership development. When we process the data, we make every effort to assure that all the information is anonymised unless specific consent has been sought from the individual. |
Performance of contract Legitimate interest in administering and/or improving our programmes, products and services generally Consent |
For six years since you gave consent, or until you withdraw consent, or the results are anonymised
|
|
Customer comments, feedback & reviews
|
To improve our programmes and services. Where relevant, to establish, exercise or defend legal claims. For use on our Site, printed marketing materials or social media channels, or shared with third parties with the purpose of marketing or partnership development. When we process the data, we make every effort to assure that all the information is anonymised unless specific consent has been sought from the individual. |
Performance of contract Legitimate interest in dealing with complaints or claims and improving our programmes, products and/or services generally. Consent
|
For six years since you gave consent, or until you withdraw consent, or the results are anonymised
|
|
Information generated in the course of the use of our programmes, products and services for
|
For internal research on our programmes and services for development purposes To improve and test the features and functions of our Site or mobile App |
Performance of contract
Legitimate interest in maintaining our Site and our App and improving our products and/or services generally
|
For six years
|
|
Information collected through cookies and similar technologies |
To conduct and store site usage analytics, statistical and trend analysis and market research To generate customer profiles to facilitate marketing initiatives
|
Consent |
For three years since you gave consent, or until you withdraw consent if earlier
|
|
Business Licences, Registration, Insurance & Safety Certificates |
For legitimacy and safety checks in line with our programme quality policies and fraud prevention |
Legitimate interest to ensure members & host companies pass quality and security checks before hosting Performance of contract Compliance with legal obligations Consent |
For six years since you gave consent, or until you withdraw consent if earlier |
|
Saved items in online shopping basket
|
To follow-up on your order to sell our membership services to you |
Legitimate interest to further commercial activity |
Until you complete your order, or for seven days after the item is saved
|
|
Date of birth – All Parties registered on the App |
To ensure minimum age-restrictions for registration to the App To ensure minimum age-restrictions for participants on our programmes N.B. Applicants must be at least 16 years old. If you are under the age of 18, we require parental consent in order for you to complete a Pagoda Projects programme. Your parent or guardian must complete our consent form on your behalf before we can process your application. To ensure eligibility for visa and travel restrictions for participants on our programmes. For this purpose we may also share this data with the correct visa centre or carefully selected third party visa agent. |
Performance of contract Compliance with legal obligation Legitimate interests in ensuring your safety Consent
|
For three years since you last contacted us regarding your application, since you finished your programme, or until you withdraw consent
|
|
Additional Personal Information incl. Personal preference & fun facts For – All Parties registered on the App |
Additional information about you may also be requested as you join a group on the App. |
Performance of contract This information is purely for the purpose of administering the group on the App. Consent |
Until you leave the Group on the App |
|
Passport Information incl. Nationality |
Nationality & age verification for travel requirements, visa application requirements and funding eligibility. Passport copies and data are used with consent for visa applications, official registration purposes and during trips as part of travel & safety procedures. For this purpose we may also share this data with the correct visa centre or carefully selected third party visa agent. N.B. If your application is unsuccessful due to travel or visa requirements, we will still store your data for the specified period in case legal or visa-related circumstances change in your favour over time and alternative programmes are possible. |
Performance of contract Compliance with legal obligations Legitimate interest that eligibility be verified at the earliest stage of the application process to ensure programme participation. Consent |
For three years since you gave consent, or until you withdraw consent if earlier |
|
Visa Application Documents
|
To ensure the visa application process goes smoothly we may require your consent to be in possession of your original passport and your visa documents to share these with the correct visa centre or carefully selected third party visa agent. N.B. Pagoda Projects does not assume any responsibility for the loss or damage of your possessions by third party couriers, and you send documents at your own risk.
|
Performance of contract |
Until you complete your visa application, or for one month after documents have arrived at Pagoda Projects premises.
|
|
CVs & Resumés |
For programme placement processes, to be shared (upon consent) with specific third-party Pagoda Members and host companies for the purposes of programme placement. For this purpose we may share with Engaged Learning Global LLC, a contracted partner assisting Pagoda with USA internships. |
Performance of contract Consent |
For three years since you gave consent, or until you withdraw consent if earlier |
|
Student Finance Documents, Reference Letters, Grade Transcripts, Registry Letters & Proof of Address |
For eligibility checks in specific cases where required in applications for government or institution funded programmes. |
Performance of contract Compliance with legal obligations Consent |
For three years since you gave consent, or until you withdraw consent if earlier |
|
Mental & Physical Health Conditions, History or Disabilities |
For Pagoda Staff to provide support and guidance that will ensure the participant’s well-being on the programme. As well as the well-being of all those involved in delivering and supporting the participant through the programme.
For insurance purposes |
Legitimate interest of safety and well-being for participant, Pagoda Projects staff and other parties involved in the programme. Compliance with legal obligations Consent |
For one year since you gave consent, or until you withdraw consent if earlier |
|
Emergency Contacts |
For use in the event of an emergency or concern over the participant’s wellbeing during the programme. For insurance purposes. |
To further the participant’s well-being and support Pagoda Staff in emergencies. Performance of contract Compliance with legal obligations Consent |
For one year since you gave consent, or until you withdraw consent if earlier |
|
Insurance Claims |
For accident, medical or travel insurance claims made on via the Pagoda Projects programme insurance policy. We will submit a claim form on behalf of the participant and will require any receipts for related costs incurred be provided. We retain anonymized data in relation to all claims to analyse trends and improve our best practice when handling claims. |
In the interests of training and improving the way in which we handle emergencies and insurance claims for future participants. Performance of contract Compliance with legal obligations Consent |
For one year since you gave consent, or until you withdraw consent if earlier, or until the data is anonymised. |
|
Ethnicity |
For programme impact analysis Statistics for use on our Site, printed marketing materials or social media channels, or shared with third parties with the purpose of marketing or partnership development. When we process the data, we make every effort to assure that all the information is anonymised unless specific consent has been sought from the individual.
|
Legitimate interest to further our business’s social impact in line with company goals and values. Generating statistics helps us to improve our programmes, make them more participant-friendly and available to a more diverse range of people. Consent |
For one year since you gave consent, or until you withdraw consent, or the data is anonymised |
|
Study History, Course Information & Graduation Date |
For internal staff training purposes & programme impact analysis Statistics for use on our Site, printed marketing materials or social media channels, or shared with third parties with the purpose of marketing or partnership development. When we process the data, we make every effort to assure that all the information is anonymised unless specific consent has been sought from the individual. |
Legitimate interest to further our programmes social impact in line with company goals and values. To provide accurate information to potential Pagoda Members, partner companies and future participants on the suitability and impact of a participant’s study background both during and after the programme. Generating statistics also helps us to improve our programmes, make them more participant-friendly and available to a more diverse range of people. Performance of contract Consent |
For six years since you gave consent, or until you withdraw consent if earlier, or the data is anonymised |
|
Video Testimonial, Case Studies & Photographic Content for |
For marketing purposes, use on our Site, printed marketing materials or social media channels, or shared with third parties with the purpose of marketing or partnership development. Explicit consent will be sought from the individual before filming video content. When we process the content, we make every effort to assure that all the information is anonymised unless specific consent has been sought from the individual. |
Legitimate interest to further our programmes social impact in line with company goals and values. To provide accurate information to potential Pagoda Members, partner companies and future participants on the suitability and impact of a participant’s study background both during and after the programme. Performance of contract Consent |
For an indefinite period since you gave consent, or until you withdraw consent |