1. Introduction

1.1. These Terms govern your use of the Platform, including the purchase, sale, and sharing of digital revision notes (“Services”).

1.2. By using the Platform, you confirm that you are at least 18 years old or have obtained parental/guardian consent.

1.3. If you do not agree to these Terms, you must not use the Platform.

1.4. We are entitled to amend and supplement these Terms and Conditions at all times. If you continue use of the Platform after Terms and Conditions have been updated or amended, you communicate your irrevocable consent to the updated or amended terms and conditions.

2. Definitions

  • “User” refers to anyone accessing or using the Platform.
  • “Terms” these Terms and Conditions of Study Climb.
  • “Platform” refers to the system accessible via the website www.studyclimb.co.uk and its related pages, allowing users to upload or download study resources, either for free or for a fee.
  • “Study Materials” refers to any content shared by you or other users on the Platform, available for free or for purchase.
  • “Seller” refers to users who upload and sell digital content on the Platform.
  • “Buyer” refers to users who purchase digital content from Sellers.
  • “Content” refers to digital revision notes uploaded by Sellers.

3. Account Registration

3.1. To access certain features, you must create an account. You guarantee to Study Climb that the information you provide to create your account is true, complete and accurate.

3.2. You are responsible for maintaining the confidentiality of your account login details and for all activities that occur under your account.

3.3. The Platform reserves the right to suspend or terminate accounts that violate these Terms, without becoming liable to you in any way.

3.4. Study Climb cannot be held liable for any loss resulting from unauthorised access/use of your account, or the Platform, by third parties.

3.5. By creating a Profile on www.studyclimb.co.uk, you agree to give Study Climb a free, worldwide, non-exclusive license to use certain personal information from your Profile, like your username and Profile picture, for purposes related to running and promoting the platform. This permission is transferable and ends automatically when you delete your Profile and Study Material.

4. Use of the Platform

4.1. Users must not upload, share, or sell content that:

  •       Violates copyright laws or intellectual property rights.
  •       Contains offensive, defamatory, or illegal material.

4.2. Buyers may use purchased Content for personal, educational purposes only. Redistribution or resale of purchased Content is prohibited.

4.3. If a digital product is offered for payment, the Buyer must pay the stated amount before download is accessible.

4.4. Should there be an error due to a defect in the Platform, Study Climb will refund your purchase.

4.5. Refunds for unsatisfactory products will be handled on a case-by-case basis. Buyers are encouraged to contact the Seller directly to request a refund and attempt to resolve the matter. If the issue cannot be resolved between the Buyer and the Seller, the Buyer may submit a complaint to Study Climb in accordance with our Complaints Policy. Study Climb will review the complaint and determine a resolution at its sole discretion.

5. Payments and Fees

5.1. The Platform uses a third-party payment processor (e.g., Stripe, PayPal) for transactions.

5.2. Sellers are entitled to 75% of each sale, minus transaction fees.

5.3. You may offer your study materials for sale on the platform and set your own price. When a purchase is made, you enter directly into an agreement with the buyer, granting them the right to access and use your study materials. Study Climb is not a party to this agreement. Our role is limited to providing the platform that facilitates the uploading of study materials and processing payments. These Terms and Conditions govern your use of the platform itself and do not extend to the agreements made between users.

5.4. The payment data provided by Study Climb will be considered accurate unless you can demonstrate otherwise.

5.5 Users can choose how much money they wish to withdraw, with a minimum withdrawal amount of £10 or the equivalent in the currency used on the platform (e.g., British Pound Sterling or US Dollars). Funds are accumulated in the user’s virtual account and can be transferred upon request, with transfers processed weekly. No interest is paid on any balance remaining in the virtual account (“My Balance”).

5.6. Study Climb does not accept any responsibility for errors in orders of Study Materials, including but not limited to mistakes in quantity or type of Study Material. Once a purchase is made, it cannot be cancelled or modified. For any issues related to these matters, Study Climb directs you to contact the user who listed the Study Material for sale.

5.7 Students bear sole responsibility for reporting any income to the appropriate tax authorities in their respective countries of tax residence.

5.8 Payment processing services are (in some cases) provided by Stripe and are subject to the Stripe Connected Account agreement, which includes the Stripe Terms of Service. By agreeing to the Terms and conditions you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a prerequisite for Study Climb to enable payment processing services through these providers, you agree to furnish Study Climb with accurate and complete personal information. Furthermore, you Study Climb to share this information, along with transaction details related to your use of the payment processing services, with the relevant payment service providers.

6. Content Ownership and Licensing

6.1. Sellers retain ownership of the Content they upload.

6.2. By uploading Content, Sellers grant the Platform a non-exclusive, royalty-free license to host, distribute, and display the Content for the purposes of providing Services.

7. Reporting Intellectual Property Infringement

7.1. Study Climb has a procedure for reporting alleged infringement of third-party rights. If you believe your rights have been infringed upon by Material on Study Climb, please send a detailed notice of the alleged infringement of third-party rights.

7.2. The notice should include:

  •       An explanation of why your intellectual property rights have been infringed
  •       The URL of the alleged infringing Material
  •       Proof that you are the rights holder
  •       Supporting evidence of your rights
  •       Your contact information

7.3. Study Climb’s Response

Upon receiving a notice:

  • Study Climb may forward the notice to the party responsible for the reported content.
  • If the content is clearly unlawful, Study Climb will remove or block access to it.

Study Climb reserves the right to deny removal requests if:

  •       The notice’s accuracy is questionable
  •       The evidence provided is insufficient
  •       The reported content is not manifestly unlawful

In some cases, Study Climb may require a judicial decision from a competent English court to confirm the unlawful nature of the content.

7.4. By submitting a notice:

  • You indemnify Study Climb against any third-party claims related to the removal or blocking of the reported content.
  • This indemnification covers all damages and costs Study Climb may incur, including legal fees.

Study Climb and its respective owners will not act as a party in any disputes between the notice issuer and other parties.

8. Website Maintenance

8.1. Study Climb may temporarily suspend or limit access to the Platform and reserves the right to do so, without notice or compensation. This may occur when:

  •       Necessary maintenance is required
  •       Technical issues arise
  •       Other circumstances deemed necessary by Study Climb

8.2. Study Climb may implement procedural and technical changes to the Platform at any time without prior notification. These updates may include:

  •       User interface modifications
  •       Feature additions or removals
  •       Performance improvements
  •       Security enhancements

8.3. While Study Climb strives to maintain consistent Platform availability, we cannot guarantee, uninterrupted access to the Platform or freedom from technical issues.

8.4. Study Climb is not liable for any damages or losses incurred due to Platform unavailability, whether temporary or prolonged.

9. Intellectual Property

9.1. Study Climb and its licensors own all Intellectual Property Rights to the Platform and its Content, except for Study Material. Study Climb grants you a limited, personal, non-exclusive and revocable right to use the Platform, subject to these Terms and Conditions.

9.2. You may not:

  •       Alter, obscure, or remove any trademarks or intellectual property notices on the Website or Content.
  •       Take actions that may infringe on Study Climb’s Intellectual Property Rights, such as registering similar domain names, trademarks, or Google Adwords.
  •       Retrieve and reuse substantial portions of the Platform’s Contents, or systematically retrieve non-substantial parts, without Study Climb’s written consent.

9.3. Submitting Study Material as your own work is prohibited. This constitutes plagiarism and academic misconduct. The Study Material is intended for reference and personal use only.

9.4. These Terms and Conditions do not transfer any Intellectual Property Rights to you.

9.5. All content uploaded to our platform must be: Original work created by the seller, or appropriately licensed with verifiable permission for commercial use and distribution.

Sellers are required to have full rights to sell and distribute any content they upload to the platform.

9.6. Sellers are solely responsible for ensuring their uploaded content does not infringe upon any third-party intellectual property rights, including but not limited to: Copyrights, trademarks, patents, trade secrets

In the event of any intellectual property infringement claim: The seller bears full legal and financial responsibility. The seller agrees to indemnify and hold the platform harmless from any claims, damages, or legal actions arising from such infringement.

9.7. We reserve the right to:

  • Remove any content suspected of intellectual property infringement.
  • Suspend or terminate accounts of repeat offenders.
  • Cooperate with intellectual property owners in investigating and addressing infringement claims.
  • We may request proof of ownership or licensing for any content at our discretion.

10. Liability

10.1. We limit our liability for damages resulting from the use of our Platform, whether due to breach of contract, unlawful act, or otherwise, as outlined below:

10.2. If we are found liable for damages, our liability is limited to the amount paid by our insurance company. If our insurance does not cover the damages, the following provisions apply.

10.3. Our liability for direct damages is capped at £1,000. Direct damages include:

Material damage to goods, reasonable costs incurred to prevent or limit direct damages and reasonable costs for determining the cause, liability, and method of recovery for direct damages.

10.4. To the fullest extent permitted by law, we are not liable for any special, incidental, or consequential damages, including but not limited to: Loss of profits, loss of confidential information, business interruption, loss or corruption of data, loss of privacy This exclusion applies even if we have been advised of the possibility of such damages.

10.5. The above limitations do not apply in cases of wilful misconduct or gross negligence on our part.

10.6. By using our Platform, you confirm that you have verified your university’s rules and regulations regarding academic work. We are not liable for any consequences resulting from your use of our services if it violates your university’s policies.

11. Governing Law and Dispute Resolution

11.1. These Terms and Conditions and your use of the Platform are governed by English law.

11.2. Any disputes arising from these Terms and Conditions or Platform use will be resolved exclusively by the English Civil Court. This jurisdiction applies unless mandatory international law requires a different competent court.

11.3. If any part of these Terms and Conditions is found to be invalid or unenforceable:

  •       The invalid provision will be modified or removed to the minimum extent necessary.
  •       The remaining Terms and Conditions will continue in full force and effect.
  •       We will replace any invalid clauses with valid ones that match the original intent as closely as possible.

11.4. We reserve the right to transfer our rights and obligations under these Terms and Conditions to third parties. In such cases: We will notify you of the transfer.

If you disagree with the assignment, your sole recourse is to stop using our services and delete your account.

12. Termination

12.1. We may suspend or terminate your account at any time for breach of these Terms or applicable laws. If you delete your account while having funds in your virtual wallet: We will process the payment and transfer the outstanding amount to you.

12.2. However, if your account was deleted due to a violation of our Terms and Conditions:

We reserve the right to withhold part or all of the outstanding payment. This withholding may occur if we have incurred damages as a result of the termination.

12.3. Any withheld funds may be used to offset losses or expenses we’ve incurred due to your violation of the Terms and Conditions.

13. Force Majeure

13.1. Neither party shall be liable for any failure or delay in the performance of its obligations under this agreement due to causes beyond its reasonable control, including but not limited to acts of God, critical personnel absences, illness of key employees essential to platform operations, power outages or electrical supply disruptions, server malfunctions, network connectivity issues, natural disasters, pandemics, governmental actions, changes in law or regulations, strikes, labour disputes, shortages, cyberattacks, utility failures, or other unforeseen events (“Force Majeure Event”).