TERMS AND CONDITINS

PLATFORM SERVICES:

We provide an array of Services for students in schools and colleges where several aptitude and psychometric tests are taken based on which appropriate study and career pathways are recommended and also provide psychometric tests to detect the behavioural parameters to hire employees in the various organisations (hereinafter “Service” or “Services”). The Platform Services are distinguished in two parts Career Margadarshak and EmpQ for the students in schools and colleges between the age group of 13-21 and 18-24 years of age.
While the Services provided aim to guide students and organizations towards suitable career paths or hiring decisions, the Company makes no guarantee regarding the career success or accuracy of the recommendations provided by the Services. The Services should be used as one of multiple factors in making career or hiring decisions.
You may use the Services for Your personal and business use or for internal business purposes in the organisation that You represent. You may connect to the Services by using the Platform supported by the Services.
You are also responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can give tests more than once with Your User account. You may use any or both Services depending on Your requirements.
We reserve the right to fully or partially discontinue, at any time, temporarily or permanently, any of the Services with or without notice to You. You agree that the Platform will not be liable to You or any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Services for any reason.

TERMS OF BECOMING A USER:

You need to sign up for a User account by providing all the required information to access or use the Services. By signing up as a User of the Platform, You represent and warrant that, all registration information You submit will be true, accurate, current, and complete, You will maintain the accuracy of such information and promptly update such registration information as necessary, You have the legal capacity and You agree to comply with these Terms, You are above 13 years of age. If You are below 13 years of age, You are not permitted to use the Platform and if You are below 18 years of age You will require parental consent for the same. We comply with all applicable data protection regulations, including the Children’s Online Privacy Policy Act (COPPA) and Data Privacy Protection Regulations 2022. We do not knowingly collect personal information from children under the age of 13 years.

If You represent an organisation and wish to use the Services for corporate internal use, We recommend that You, and all other Users from Your organisation, sign up for User accounts by providing Your corporate contact information. You agree to a) be responsible for any activity that occurs through Your account b) keeping Your password secret and secure; c) not to open an account on behalf of a third party without explicit written authorization. In cases where You are legally authorized to open an account on behalf of a third party, You represent and warrant that You have full permission to grant all permissions and licenses provided in these terms and bind the third party to these terms; d) not to create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

Users representing organizations must provide appropriate identification or proof of association to verify their identity and avoid impersonation.

SUPPORT QUERIES:

If You would like to send a support query to Us, please Contact Us on in accordance with the “Contact Us” section below. The Service may include certain communications from Us, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of Our privacy policy, We provide You the option of opting out from receiving certain email communication from Us. However, You will not be able to opt-out from receiving administrative messages including the request to validate Your email address.

COMPLAINTS AND FEEDBACK:

We welcome feedback of any sort and are always interested in learning about ways We can make Our Services better. If You choose to submit comments, ideas or feedback, You agree that We are free to use them without any restriction or compensation to You.
We aim to address complaints within 14 days of receipt. If you are dissatisfied with the resolution, you may escalate the issue by contacting our support team or the relevant department. Further escalation steps may be detailed in our policies, available upon request.
By accepting Your submission, We do not waive any rights to use similar or related Feedback previously known to the Platform, or developed by its employees, or obtained from sources other than You. By submitting a complaint regarding Your account, You authorize the Platform’s team to check Content on Your account as required addressing the issue.
If We receive a complaint against You regarding activities on the Platform, we will handle the complaint in compliance with applicable data privacy regulations. We may forward the complaint to the primary email address on Your User account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by Us and copy the Platform in the communication. If You do not respond to the complainant within 10 days from the date of Our email to You, We may disclose Your name and contact information to the complainant for enabling the complainant to take legal action against You. You understand that Your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as Your implicit consent to disclosure of Your name and contact information to the complainant.

GENERAL USE OF CONDUCT:

• Your use of the Platform and the Services, including any Content You submit, will comply with this terms and conditions, any applicable Service Agreement or policy that may apply to Your Services and all applicable local, state, national and international laws, rules and regulations.
• You must be at least 13 years old to use the Services.
• You must validate Your mobile number or email to use Our Services.
• You also represent that all information You provide or provided to Us upon registration and at all other times will be true, accurate, current and complete and You agree to update Your information as necessary to maintain its truth and accuracy.
• You agree that You will not solicit, collect or use the login credentials of any other User.
• You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and You must not Convey private or confidential information via the Service, including, without limitation, Your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
• Prohibited conduct includes, but is not limited to, hacking or attempting to gain unauthorized access to user accounts, spreading malware, engaging in hate speech, and violating other users' privacy.
• You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, national, state, local and provincial) applicable to Your use of the Service and Your Content.
• You are solely responsible for Your interactions with other Users of the Service, whether online or offline.
• You agree that the Platform is not responsible or liable for the conduct of any User, and that the Platform cannot monitor all interactions between users.
• You will be liable for every activity that takes place within Your User profile. You are responsible for protecting any password that You use to access Platform. No abuse harassment, threats, impersonation or bullying is allowed. This Platform should not be used for unlawful or unlicensed purpose.
• You shall not access the Platform Content (as defined below) or User Content through any technology or means other than through Platform itself, or as Company may designate.
• You will be liable for every activity that takes place within Your User profile. You are responsible for protecting any password that You use to access Platform. No abuse harassment, threats, impersonation or bullying is allowed. This Platform should not be used for unlawful or unlicensed purpose.
• You agree not to systematically retrieve data or other content from The Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Us.
• You must not sell or otherwise transfer your profile.
• You must not delete the copyright or other proprietary rights notice from any Content, copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• You must not attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
• You must not use the Platform as part of any effort to compete with Us or otherwise use the Platform and/or the Content for any revenue-generating endeavour or commercial enterprise.
• You must not disparage, tarnish, or otherwise harm, in our opinion, Us and/or the Platform.

USER CONTENT:

All content submitted through Your account is considering “User Content”. By posting or publishing User Content to the Platform or to or via the Services, you represent and warrants that “Content” means for the Platform including images, information, comments.
Acceptable User Content includes content that is non-defamatory, does not violate copyright or intellectual property rights, and is consistent with community standards. The Company reserves the right to remove any User Content that violates these guidelines.
You have all necessary rights to distribute User Content via the Platform or via the Services, either because You are the author of the User Content and have the right to distribute the same, or because You have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and the User Content does not violate the rights of any third party. You shall be solely responsible for any and all of Your User Content or User Content submitted through Your Account. By submitting User Content, You grant the Company a non-exclusive, royalty-free, and worldwide license to use, display, and distribute such content for the purpose of providing and promoting the Services.

THIRD PARTY CONTENT:

The User agrees not to use the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to take part in any conduct or action that could damage the image, interests or rights of the Platform or third parties, particularly, the owners of the third-party Content.
We are not the provider of the third-party Content and do not present itself as owner of such Content. Furthermore, displaying the search result and the link does not imply any relationship between the Platform and the third party responsible for the third-party content.
We do not select, examine, control, guarantee, approve, sponsor or identify itself in any form with the third-party Content resulting of the searches made by the Users. The third-party content is the sole responsibility of the third parties that make them available to the public over the Internet.
The User will be able to access the corresponding third-party websites and download Third Party Content under the terms and conditions established by such third parties. the Platform shall not be a party or be involved in any way in the relationship between the User and the corresponding third party. The User undertakes to read and comply with the terms and conditions established by such third parties for the download and use of third-party content.
We do not take part in the relationship between the User and the third party that offers the Third- Party content, and it is not directly or indirectly responsible for the performance, omissions, errors, negligence or breaches of the Users or such third parties. Any claim from the Users regarding the Third-Party content must be addressed to the relevant third parties through the linked website.
The Platform supports third-party content such as educational articles, multimedia content, and industry reports. Unauthorized use includes, but is not limited to, embedding harmful scripts, spreading misinformation, and violating intellectual property rights.

USER ACCOUNT AND PURCHASING SERVICE, REGISTRATION OBLIGATIONS:

If You use the Platform, You shall be responsible for maintaining the confidentiality of Your Display Name and Password and You shall be responsible for all activities that occur under Your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We, shall have the right to indefinitely suspend or terminate or block access of Your membership on the Platform and refuse to provide You with access to the Platform.
Your mobile number and/or e-mail address is treated as Your primary identifier on the Platform. It is Your responsibility to ensure that Your mobile number and Your email address is up to date on the Platform at all times. You agree to notify Us promptly if Your mobile number or e-mail address changes by updating the same on the Platform through onetime password verification.
You agree that, We shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under Your display name in cases where You have failed to update Your revised mobile number and/or e-mail address on the Platform.

INTELLECTUAL PROPERTY RIGHTS:

Unless otherwise indicated, The Platform is Our proprietary property and all source code, databases, functionality, software, The Platform designs, audio, video, text, photographs, and graphics on The Platform (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Us or licensed to Us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws under all international laws. The Content and the Marks are provided on The Platform “AS IS” basis for your information and personal use only. Except as expressly provided in these Terms of Use, no part of and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that You are eligible to use The Platform, You are granted a limited license to access and use The Platform and to download or print a copy of any portion of the Content to which You have properly gained access solely for Your personal, non-commercial use. We reserve all rights not expressly granted to You in and to The Platform, Content and the Marks.
Users retain ownership of the content they submit to the Platform. However, the Company retains rights to any proprietary content, including software, trademarks, and designs used within the Platform. Users may not reproduce or redistribute any of the proprietary content without written permission from the Company.

SUBMISSIONS:

You acknowledge and agree that any submissions, including questions, comments, suggestions, and ideas, shall become Our sole property. We will not accept any submissions that infringe on third-party intellectual property rights, contain offensive language, or violate applicable laws. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to You. You hereby waive all moral rights to any such Submissions, and You hereby warrant that any such Submissions are original with You or that You have the right to submit such Submissions. You agree there shall be no recourse against Us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. By making a submission, You agree that We may use your submission for marketing, promotional, and educational purposes without any compensation or attribution.

COOKIES:

Like many Websites We may use “cookies” – a small data file that is transferred to Your computer’s hard disk – or similar technologies to record log data. The Platform uses cookies to enhance user experience and provide personalized content. Types of cookies include session cookies (temporary data storage) and persistent cookies (store preferences for future visits). When We use cookies, We may use “session” cookies (that last until You close Your browser) or “persistent” cookies (that last until You or Your browser deletes them). For example, We may use cookies to store Your settings so You do not have to set them up every time You visit the Careers and Me Website/ Web Application. Most Internet browsers automatically accept cookies. You can opt out of specific types of cookies through browser settings, or by adjusting preferences within the Platform's privacy settings.

NECESSARY COOKIES:

These cookies are necessary for the Careers and Me Website/Web Application to function. They can be managed by adjusting browser settings or using third-party cookie management tools, but this may affect the Platform's functionality. They are usually only set in response to actions made by You which amount to a request for Services, such as setting Your privacy preferences, logging in or filling in forms. You can set Your browser to block or alert You about these cookies, however some parts of the Careers and Me Website/ Web Application will not work then. These cookies do not store any personally identifiable information.

YOUR PRIVACY:

When You visit any Website, it may store or retrieve information on Your browser, mostly in the form of cookies. For more details on how We handle Your personal information, please refer to Our Privacy Policy [insert link]. This information might be about You, Your preferences or Your device and is mostly used to make the Website work as You expect it to. The information does not usually directly identify You, however it can give You a more personalized web experience. Because We respect Your right to privacy, You can choose not to allow some types of cookies. Click on the different category headings to find out more and change Our default settings. However, blocking some types of cookies may impact Your experience of the Careers and Me Website/ Web Application and the Services We are able to offer.

INFORMATION CONTROL:

You can control the following types of information through Your account settings: personal details, notification preferences, privacy settings, and account security. For example, You can update Your email address or disable email notifications. For all other requests, You may contact Us as provided in the Contact Us section below to request assistance.
Information on Content made by You on the Platform: You can also modify information on the Content created using the Platform at any time. However, if Your account is linked to an organisation, the Content created on behalf of that organisation, the changes You make may be visible to the organisation Users as specified by the company administrators as per “Notice to End Users”
Unlink Your account to third-party apps: Where You have asked Us to share data with third parties, for example, by installing third-party apps, You will need to contact those third-party service providers directly to have Your information deleted or otherwise restricted. If You have unresolved concerns, You may have the right to complain to a data protection authority in the country where You live, where You work or where You feel Your rights were infringed. You must not change, modify, adapt or alter the Service or change, modify or alter another Platform to falsely imply that it is associated with the Service.
You must not interfere with or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject Content or code or otherwise alter or interfere with the way any the Platform page is rendered or displayed in a User’s browser or device.

GENERAL CONDITIONS:

Some of Our Services may be software that is downloaded to Your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
Although it is the Platform’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted. In such cases, users will be notified in advance for planned maintenance or upgrades. For emergency repairs or telecommunications issues, notifications will be provided as soon as possible.
Any violation of these Terms of Service may result in account suspension, termination, and legal action if necessary.

FEES & PAYMENTS:

The Services are available under different subscription plans, each offering varying levels of access to our resources. Plan A includes basic access to psychometric tests, Plan B offers additional access to career guidance resources, and Plan C provides comprehensive access to all features. The subscription fee paid by You is non-refundable. In cases of incorrect payments due to technical issues or system errors, a refund may be issued upon investigation.
Payment can be made using the payment methods specified on the Platform. You must provide accurate and complete billing information, including Your full name, address and valid payment method information. The Platform uses purchased Third Party Payment Gateway for any payments made when using the Website to purchase, order, return, exchange, or request information about Our Services. By submitting payment information, You authorise Third-party Payment gateway to charge the subscription fee to their designated payment method. You agree to pay for any taxes that maybe applicable towards the payment method of prescribed subscription fee.

CANCEL SUBSCRIPTION:

To properly cancel a subscription, log into your account, navigate to the subscription management section, and select 'Cancel Subscription.' Deleting The Platform app or logging out will not automatically cancel your subscription.

RESPONSIBILITY OVER YOUR CONTENT:

You may transmit or publish Content created by You using any of the Services or otherwise. However, You shall be solely responsible for such Content and the consequences of its transmission or publication by other Users. Content that includes offensive language, violates privacy rights, or promotes illegal activities is considered inappropriate and may be removed without notice.
Any Content that You make public will be publicly accessible through the Internet and may be crawled and indexed by the search engines. You are responsible for ensuring that You do not accidentally make any private Content publicly available.
For procedure relating to complaints of illegality or infringement of third-party rights in Content transmitted or published using the Services, use Our contact form.

SITE MANAGEMENT:

We reserve the right, but not the obligation, to: (1) monitor the Platform for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in Our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such User to law enforcement authorities; (3) in Our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of Your Contributions or any portion thereof; (4) in Our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to Our systems; and (5) otherwise manage the Platform in a manner designed to protect Our rights and property and to facilitate the proper functioning of the Platform. Reports of abuse can be submitted through the Platform's abuse reporting system. Upon receiving a report, We will investigate the issue and may take actions such as issuing warnings, suspending accounts, or removing content, depending on the severity of the violation. Users will be notified of the outcome of the investigation.

TERMINATION:

Upon termination for serious violations, all licenses and other rights granted to You in these terms of use will immediately cease. In cases of termination due to other reasons, the Platform will provide at least 14 days' notice. You can delete Your Platform account at any time. If You choose to delete Your account or Your account is terminated due to Your breach of these terms, Your visual assets and all other data will no longer be accessible through Your account however those materials and data may persist and appear within the Service (e.g., if Your Content has been shared by others).

LICENSE TO USE OUR SERVICES:

Subject to the provisions in the Terms, The Platform grants You an exclusive, non-transferable, non-sublicensable, limited license to use the Platform Services solely for Your personal, non-commercial, educational purpose, in accordance with the Terms associated with services. All other uses are not permitted without our prior written consent. Violating the licensing terms may result in license revocation, account suspension, and legal action if necessary. Users are expected to comply with the licensing terms at all times.

MOBILE APPLICATION LICENSE:

Use License

Use License When You access the Platform via a Mobile Application, We grant You a revocable, non-exclusive, non-transferable, limited right to install and use the Mobile Application on wireless electronic devices owned or controlled by You, and to access and use the Mobile Application on such devices strictly in accordance with the terms and conditions of this Mobile Application license contained in these Terms of Use. The Mobile Application license does not include the right to modify, reverse-engineer, or distribute the application without prior written consent. You shall not:

1. (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
2. (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
3. (3) violate any applicable laws, rules, or regulations in connection with Your access or use of the application;
4. (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by Us or the licensors of the application;
5. (5) use the application for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended;
6. (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
7. (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
8. (8) use the application to send automated queries to any the Platform or to send any unsolicited commercial e-mail; or
9. (9) use any proprietary information or any of Our interfaces or Our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple, Android Devices and Microsoft App Store

The following terms apply when You use a mobile application obtained from either the Apple Store or Google Play or Microsoft app store (each an “App Distributor”) to access the Platform:

1. (1) the license granted to You for Our Career and Me Mobile Application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems or Windows mobile, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
2. (2) We are responsible for providing any maintenance and support services with respect to the Mobile Application as specified in the terms and conditions of this Mobile Application license contained in these Terms of Use or as otherwise required under applicable law, and You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
3. (3) in the event of any failure of the Mobile Application to conform to any applicable warranty, You may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Mobile Application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the Mobile Application;
4. (4) You must comply with applicable third-party terms of agreement when using the Mobile Application, e.g., if You have a VoIP application, then You must not be in violation of their wireless data service agreement when using the Mobile Application; and
5. (5) You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this Mobile Application license contained in these Terms of Use against You as a third-party beneficiary thereof.

DISCLAIMER:

While The Platform attempts to make User-generated Content available through the Service, The Platform does not guarantee access to or hosting of Your User-generated Content. User Content may be removed if it violates these Terms of Service, contains offensive language, or breaches intellectual property rights. For example, if User-generated Content violates these Terms of Service, access to it may be disabled.
Also, if a particular piece of Content creates too large a demand on the Service, it may result in access to the Content being temporarily disabled. You agree that The Platform will not be liable to You or to any third party for termination of Your access to the Service for any reason. While The Platform attempts to make the User Content completely safe, You, and not the Platform, are solely responsible for the Content You upload, download, Content, email, transmit, store or otherwise make available through Your use of the Service. You agree that The Platform shall not be liable to You or to any third party for any User who irregularly accesses Your Content. The Services and all included Content are provided on an “AS IS” basis without warranty of any kind, whether expressed or implied.
All User-generated Content available through the Service is owned by their respective owners and The Platform is not responsible in any manner for that Content.
The Platform is not liable for user-generated content, third-party links, or loss of data due to technical issues.

ASSIGNMENT:

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, except with prior written consent from the Platform. The Platform may assign its rights and licenses, including user data and intellectual property, without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

CORRECTIONS:

There may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to the Platform, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice. If errors or inaccuracies are found on the Platform, We will correct them within 7 working days of being informed.

GOVERNING LAW:

These Terms of Use and Your use of the Platform are governed by and construed in accordance with the laws of the Republic of India, including regulations concerning digital platforms and user data. Any disputes will be heard in the city of Pune, Maharashtra, India.

DISPUTE RESOLUTION:

The Parties shall first attempt to resolve any disputes through mediation, with each party sharing the costs. If mediation fails or if any party disagrees with the decision, the dispute shall be resolved through binding arbitration conducted in Pune, Maharashtra. The parties shall select a mutually agreeable arbitrator, and the arbitration will follow the Indian Arbitration and Conciliation Act, 1996. These Terms of Use are governed by and are to be construed in accordance with the laws of the Republic of India. It is agreed between the Parties that only the Courts in Pune shall have the exclusive jurisdiction to entertain and try any suit or matter in dispute between them relating to this Agreement.

MODIFICATION OF TERMS OF SERVICE:

We may modify the Terms upon notice to You at any time through a service announcement or by sending an email to Your primary email address. A significant change is any modification that affects user rights, services provided, or the pricing structure. If the Terms are modified in a manner that substantially affects Your rights in connection with the use of the Services, You may terminate Your use by deactivating or deleting Your account. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be Your agreement to the modified Terms.

LIMITATIONS OF LIABILITY:

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SHALL BE SUBJECT TO THE LAWS OF INDIA, AND LIABILITY FOR NEGLIGENCE RESULTING IN PERSONAL INJURY OR DEATH SHALL NOT BE EXCLUDED. [NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO [THE LESSER OF] [THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE 1 (ONE) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.]

INDEMNIFICATION:

You agree to defend, indemnify, and hold Us harmless, including Our subsidiaries, affiliates, and all of Our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Platform; (2) breach of these Terms of Use; (3) any breach of Your representations and warranties set forth in these Terms of Use; (4) Your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Platform with whom You connected via the Platform. Indemnification will not extend to claims arising from the Company's own negligence, fraud, or misconduct. Notwithstanding the foregoing, We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify Us, and You agree to cooperate, at Your expense, with Our defence of such claims. We will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA:

We will maintain certain data that You transmit to the Platform for the purpose of managing the Platform, as well as data relating to Your use of the Platform. User data will be stored securely, and retention periods will vary based on the type of data, in accordance with applicable Indian data protection laws. Non-essential data will be deleted after 1 year, while essential data may be retained for up to 7 years. Although We perform regular routine backups of data, You are solely responsible for all data that You transmit or that relates to any activity You have undertaken using the Platform. You agree that We shall have no liability to You for any loss or corruption of any such data, and You hereby waive any right of action against Us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES:

Visiting the Platform, sending Us emails, and completing online forms constitute electronic communications. Electronic communications shall be considered legally binding if they meet the following criteria: they come from a verified source, they clearly indicate intent, and they are received by the intended recipient. You consent to receive electronic communications, and You agree that all agreements, notices, disclosures, and other communications We provide to You electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS:

These Terms of Use and any policies or operating rules posted by Us on the Platform constitute the entire agreement and understanding between You and Us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of Our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond Our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between You and Us as a result of these Terms of Use or use of the Platform. If there are changes to your contact information, you are responsible for updating it through the Platform. This can be done by accessing your account settings or by contacting customer support directly. Failing to update your contact information may result in missing important updates. You agree that these Terms of Use will not be construed against Us by virtue of having drafted them. You hereby waive any and all defences You may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

ADDRESS & CONTACT US:

In order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform, please Contact Us at:

eVyaas Learning Pvt. Ltd.
Address: Kalachhaya Campus, Patrakar Nagar Road, Off Senapati Bapat Road, Pune-411016
Email: support@evyaas.com
Phone: +919890905870
https://careersandme.com/contact-us