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Terms of Use

TERMS OF USE

This document is an electronic record in terms of the Information Technology Act, 2000 (as may be amended, modified, re-enacted, consolidated or replaced from time to time) and rules thereunder pertaining to electronic records in various statutes as applicable and amended from time to time, and is published in accordance with the provisions of Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 which mandates the publishing of rules and regulations, privacy policy and the terms and conditions for access or usage of the website http://www.launchmycareer.com (hereinafter referred as “Platform”, further defined hereinbelow in Clause 1.1). By visiting/accessing the Website or availing the Services available thereat, you accept the conditions of use. Please read them carefully.

For the purpose of these Terms of Use, wherever the context so requires, “You”, “Your” and “User (s)” shall mean any natural or legal person who has agreed to become a service recipient on the Platform by visiting or accessing the Platform. The terms “LAUNCHMYCAREER”, “We”, “Us”, “Our” shall have the meaning as Launchmycareer Private Limited, a private limited company duly incorporated under the Companies Act 2013 and having its registered office at B-121 (Basement), Sector-67, G B NAGAR, Gautam Buddha Nagar, Uttar Pradesh, India, 201301 and its affiliates (hereinabove & hereinafter referred as “LAUNCHMYCAREER”).

By availing the Services available on the Platform, Users understand that they are contracting with LAUNCHMYCAREER. Users also understand that LAUNCHMYCAREER shall remain the sole owner of the Platforms.

If you are a parent or legal guardian and you provide consent for your child to register on Our Platform, you agree to be bound by these terms of service in respect of such child’s use of the Platform.

The Users by using/ accessing the Platform and by providing any information through the Platform, impliedly or expressly, hereby accept these Terms of Use and enter into a binding contract with LAUNCHMYCAREER. It is thereby acknowledged that the Users have read, understood these Terms of Use and are bound by them, regardless of how the Users or anyone on the User’s behalf has accessed or used on the Platform. If the User does not want to be bound by the Terms of Use, they must not retain, access and/or use the Platform in any manner whatsoever. Anything done, caused to be done, whether expressly or impliedly, in contravention of these Terms of Use, may render the User liable for legal action.

1. DEFINITIONS

In these Terms and Conditions, references to:

  1. Platform” means the website(s), mobile application, augmented reality/virtual reality platforms and/or other devices of LAUNCHMYCAREER and its affiliated companies and business partners on or through which the Service is (made) available.
  2. Services” shall include but not be limited to services made available for Users, for a fee, including any online services and other web-based services identified on the Platform. Services also include consulting, counselling, undertaking various psychological quiz(es) to assist the User in making the appropriate career choices, and other services or advice provided through the Platforms, providing of online Learning Content (as defined below), recruitment services for Users and any service that the Counselor(s) provides to the Users on the Platform, which can be availed by Users by making reservations, the facilitated payment, customer service and the communication service.
  3. Child User” shall mean a person less than the age of 18, and who is not eligible to create or register an account for the Services without consent and approval from your legal parent or guardian.
  4. Counselor(s)” shall mean the professionals listed on Platform partnered and catered with LAUNCHMYCAREER for providing and/or delivering Services to User(s) from time to time.
  5. Parent User” shall mean a user above 18 years of age and in the capacity of a parent or legal guardian who uses an account to register their Child as a Child User for availing the Services.
  6. School Personnel” shall mean Users registered as teachers, school leaders, aides, or other similar school personnel of various Schools to make available the Services available on the Platform to the students of such school(s), which the school(s) have been authorized to provide to its students.
  7. User(s)” shall mean an individual who is resident in India, including Parent User, School User and Child User depending upon the applicability of the relevant provisions contained hereinbelow.
  8. User Account” shall have the meaning ascribed to it under section 3.1 hereinbelow.

2. ELIGIBILITY

  1. Legal Capacity and Age of Consent: Our Services are accessible by all Users of any age. However, for Services to be accessible by Users under 18 years of age, the consent of the parent or legal guardian is mandatorily required for authorizing the user under the age of 18 to avail the Services. If You are a User under 18 years of age who is accessing Our Services, we presume that you have the consent of your Parent/Legal Guardian for availing the Services on the Platform.

3. YOUR ACCOUNT AND REGISTRATION OBLIGATIONS

  1. To enable Your access and use of the Services listed on the Platform, You are obligated to register on the Platform by providing certain information which shall be verified with a one-time password to Your mobile number/e-mail address. Upon successful registration on the Platforms, the User(s) will be entitled to a virtual space (“User Account”) which shall be utilized solely to browse and avail the Services that may be offered by Us or the Counselor(s) to the Users of the Platforms, and is not to be utilized for any other non-permitted purposes. If You use the Platform(s), 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 these Terms of Use, We have the right to indefinitely suspend or terminate or block access of Your Account on the Platform and cease Your access to the Platform.
  2. If a User is under the age of 18 years, the parent/legal guardian of such a child would be required to create a User account of their own and thereafter create a separate User account for their child (“Child Account”). The liability and responsibility of all activities done through the Child Account shall lie with the User of the User Account connected with such Child Account. It is hereby clarified that reference to the term User Account in this document shall be deemed to include Child Account, unless stated otherwise.
  3. If You have joined the Platform through a subscription program of Your child’s school, You may be bound by Your child’s Schools’ applicable terms and conditions of arrangement of usage of the Platform, none of which can be contrary to these terms and conditions.
  4. You agree that You shall not (i) select or use as a username, a name of another person with the intent to impersonate that person; (ii) use as a username, a name that is otherwise offensive, vulgar or obscene. LAUNCHMYCAREER reserves the right to refuse registration of or cancel a username in its sole discretion. You will be solely responsible for any and all activity that takes place in or through Your account.
  5. Your contact number and e-mail address, as made available to Us, is treated as Your primary identification on the Platform. It is Your responsibility to ensure that the contact number and e-mail address provided on the Platform is valid and remains updated at all times. You agree to promptly notify the mobile phone number and/or e-mail address in case of any change therein, by updating the same on the User Account.
  6. You agree that upon confirmation of a Session on the Platform, the Counselor(s) and/or Our authorized representative(s) shall be entitled to contact You on the contact number/ email address provided in Your Account, pursuant to your request to avail the Services. You shall not hold LAUNCHMYCAREER liable for non-rendering of requested Services owing to any incorrect or invalid information that is reflected/uploaded on Your Account.
  7. You fully acknowledge and understand that You shall be solely liable and responsible for all the activities undertaken under Your Account and any consequences therefrom.

4. LINKED ACCOUNTS

  1. LAUNCHMYCAREER permits a User to associate a User account with their School Account, by using a school code provided by the respective School. If a User chooses to associate a personal account with their School Account, the two accounts will be deemed to be Linked (“Linked Accounts”), and the User’s information regarding use of the Platform generated by the User through use of the Platform, may be viewed by any person with authorized access to either account. Once a User Account and a School Account has been linked, they can be separated upon the request by the User to LAUNCHMYCAREER. Upon any termination of the School Account by authorized School Personnel, the User’s progress and usage on the Platform will be retained in the User account. Once the School Account and the User Account have been de-linked, the School Account will not be able to view/access the progress and usage of the User from the date of de-linking of the Accounts. You hereby agree that any claims with respect to your usage of the Platform (which is through a Linked Account) shall lie exclusively with Your school, and We shall not be liable for any damages and claims arising out of usage of the Platform by You.

5. REGISTRATION CHARGES

  1. LAUNCHMYCAREER does not charge any fee for browsing/ accessing some features on the Platform and is thus free for its User(s), however, LAUNCHMYCAREER reserves the right to change its fee policy, from time to time.
  2. LAUNCHMYCAREER reserves the right, at its sole discretion, to introduce new Services and/or modify some or all of the existing Services offered on the Platform. In such an event, LAUNCHMYCAREER reserves the right to introduce a fee for the new/ existing Service(s) offered or Service(s) modified, as the case may be. Changes to the fee policy shall be posted on the Platform and such changes shall become effective immediately.
  3. Unless otherwise stated, all fees shall be quoted and paid in Indian Rupees and all payments shall be subject to deductions/taxes/levies as maybe applicable under law. You shall be solely responsible for compliance of all applicable laws including for making relevant payments for the Services.

6. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The information on the Platform is not guaranteed to be correct, complete or up to date. The material and information provided on the Platform are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Platform are at Your own risk. The Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for Your reference only. We reserve the right (not being an obligation) to modify the contents of the Platform at any time and it shall be Your responsibility to monitor changes to the Platform.

7. COMMUNICATIONS

When You use the Platform or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically or as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.

You also acknowledge and agree that the electronic conversations (including telephonic conversations) through the Platform for the purposes of booking a session with any Counselor, may be recorded solely for quality assurance and training purposes.

8. RENDERING OF SERVICES

  1. As part of the Services, We provide quiz(es) that can be used for assessment process as listed in detail on the Platform. These quiz(es) have been designed to assess various preferences/inclinations/likings of the Users to aid them in selecting a suitable career option. These quiz(es) can be used by the User as per their needs and requirements. However, We do not take any responsibility for the results and outcomes generated through these quiz(es) and therefore, LAUNCHMYCAREER does not undertake any sort of liability for the outcomes generated through these quiz(es).
  2. Depending upon the responses fed-in by the User to the questions in the quiz(es), We suggest some careers for the User. As part of the Services, We provide some details about each such career including (but not limited to) salaries of professionals/ employees, skills required for pursuing, tasks required to be done on a daily basis, average daily working hours to be devoted, etc. Please note that this information pertaining to various careers are not generated by us and are sourced by Us from various publicly available resources. We are, accordingly, not responsible for any inaccuracy or inadequacy of the information regarding the careers provided on the Platform. The User hereby acknowledges and agrees that no claim shall lie against LAUNCHMYCAREER owing to inaccuracy and inadequacy of the information provided on the Platform as regards the details of the careers.
  3. We partner with third party Counselors in order to deliver certain Services including (but not limited to) providing career guidance advice to the Users. Service details of Counselor(s) such as approximate time of rendering the Service(s) will be communicated vide text message, notification on the User Account, registered e-mail ID, etc., upon receipt of confirmation from the User Account.
  4. You acknowledge and agree that LAUNCHMYCAREER solely acts as enablers or facilitators between the User(s) and the Counselor(s). The opinions, statements, answers (collectively “consultation”) provided by the Counselor(s) via the Platform are solely individual and independent opinions and statements of such individuals/Counselors alone, and in no way reflect the opinions of LAUNCHMYCAREER, its affiliates or any other organizations or institutions of LAUNCHMYCAREER to which such Counselors are affiliated and/or provides services.
  5. We license content from various third-parties for Users to learn and gain knowledge/skills in respect of various careers (hereinafter referred to as “Learning Content”). We are not responsible for any inaccuracy or inadequacy of any such the content/information provided on the Platform. The User hereby acknowledges and agrees that no claim shall lie against Us owing to inaccuracy and inadequacy of any such content/information provided on the Platform.
  6. Prior to availing the requisite service(s) listed on the Platforms, the User will be directed to provide relevant information including but not limited to name, mobile number, e-mail address and any other information that may be required for rendering the Services on the Platform. User assures and affirms that the aforesaid information provided is correct, complete and accurate. Any failure in receiving the necessary service(s) arising out of the User’s failure to provide correct, complete and accurate information shall not be attributable to LAUNCHMYCAREER and consequently, LAUNCHMYCAREER shall not be held liable at any point in time.
  7. We at our sole discretion, reserve the right to cancel any and/or all kinds of Service(s). In the event of such cancellation, We shall refund the amount (after any applicable deductions, if any) paid by the User for the Service(s) cancelled or not availed due to such cancellation.
  8. While We will make reasonable efforts in ensuring the delivery of Service(s) to the User in a timely manner, the User understands that delivering the same may sometimes be delayed on account of:
    1. Reasons and issues beyond Our control.
    2. Unsuitable/intermittent connectivity conditions.
    3. Disruptions in data or telecom networks by default of third party, etc.
    4. Acts of God such as floods, earthquakes, etc.
    5. Any other unforeseen circumstances beyond Our control.
  9. In such events of delay as laid out in clause 8.7 above, We shall make all reasonable efforts to intimate the User in writing, on her mobile number and/or registered email. We disclaim all liabilities that may arise on account of failure to intimate User of anticipated delays in delivering the Service(s) availed through the Platform. Further, We shall be under no obligation to compensate User for any mental agony or any tortuous claim that may otherwise arise on account of a delay in providing the Service (s).

9. USE OF THIS PLATFORM

  1. This Platform is for User’s personal use. User shall not copy, replicate, modify, distribute, display, perform, create derivative works from, transfer or sell any information (including the content hosted on the Platform such as articles, audio clips, videos, etc.), software, products or services obtained from this Platform whether printed, visual, electronic, e-mail forwarding, digital transmission, scanned, website re-cycled or any other form of material except where expressly noted that the material is available for such purpose. As a condition of User’s use of this Platform, User hereby warrant that User will not use this Platform for any purpose that is unlawful or prohibited by these Terms and Conditions of Use or otherwise.
  2. User further agree and acknowledge that any unauthorized or unlawful use of this Platform would result in irreparable injury to the LAUNCHMYCAREER for which monetary damages may be inadequate, and in such event LAUNCHMYCAREER, shall have the right, in addition to other remedies available at law and in equity, to obtain immediate injunctive relief against User. Nothing contained in these Terms and Conditions of Use shall be construed to limit remedies available pursuant to statutory or other claims that LAUNCHMYCAREER may have under separate legal authority.

10. CHILD USER

  1. If you are under the age of 18, we presume that your parent or legal guardian has reviewed and agreed to the Terms. If LAUNCHMYCAREER believes that A Child User has registered and/or is availing the Services without the consent of the Parent User, the Child User will not be permitted to avail the Services on the Platform.

11. PARENT USER

  1. Through a Parent User account, you may create, register, manage and approve Child User accounts only for your own child(ren) or child(ren) for whom you are a legal guardian. If you register, approve or consent to the registration of, or otherwise assume responsibility for any Child User, you represent and warrant that you are such child user’s legal parent or guardian and you agree to be bound by the terms on behalf of such child user, including without limitation being liable for all use of the Platform by the Child User. You acknowledge that LAUNCHMYCAREER may choose, but is not obligated, to make any inquiries, either directly or through third parties, that LAUNCHMYCAREER deems necessary to validate your registration information, including without limitation engaging third parties to provide verification services. LAUNCHMYCAREER reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. You acknowledge that LAUNCHMYCAREER cannot guarantee the accuracy of any information submitted by any user and LAUNCHMYCAREER is not obligated to verify the identity of any user, including any user’s claim to be a Parent User, or to verify that a parent identified by a Child User or other party during registration is such child user's actual parent or guardian. A Parent User account, along with all associated Child User accounts, may be terminated by LAUNCHMYCAREER at any time and without warning for any failure to abide by these Terms.

12. COUNSELOR ACCOUNT

  1. A Counselor is any consultant, practitioner, professional, expert, coach, therapist, advisor, or any other person who registers to enroll himself/herself to provide Services, through the use of the Platform, to Users. Such consultant will be permitted the access the functionalities on the Platform by Us through an account made available to such Counselor (“Counselor Account”).
  2. The Counselor acknowledges and agrees that the creation of a Counselor Account does not entitle the Counselor to render the Services to the Users. We reserve the right to verify the credentials of the Counselors before permitting them to be able to render the services to the Users. The Counselor hereby acknowledges and agrees that We shall retain the sole discretion to determine the Counselor(s) which would be eligible and permitted to render services to the Users on the Platform.
  3. The Counselor acknowledges and agrees that We have no obligation to make any minimum commitment of work, time, or compensation to the Counselor. The Counselor will provide services only on an as-needed basis as determined by the availability of Users.
  4. The relationship between Us and the Counselor shall be that of independent contractor and nothing herein shall render the Counselor an employee or agent of the Company. This Agreement constitutes a contract for the provision of services and not a contract of employment.
  5. The Counselor will not: (a) reproduce, modify, make derivative works of, reverse engineer, decompile, or disassemble the Platform or materials found on the Platform, (b) modify Our copyright or other proprietary rights notices in or accompanying the Platform, (c) make the Platform available in any manner to any third party for use in the third party’s business operations, (d) access or use (or permit third parties to access or use) the Platform in order to build or support any products or services competitive with the Platform, or (e) inaccurately or falsely represent yourself to Us.
  6. The Counselor also agrees to the terms of the Privacy Policy of the Platform available at (the “Privacy Policy”). For purposes of the Privacy Policy, the Counselor is a User and the same terms of the Privacy Policy that would apply to any User also apply to the Counselor.
  7. The Counselor acknowledges and agrees that the Platform is being provided for use on an “as is” basis without warranty of any kind, express, implied, or statutory, and therefore The Counselor will not have any plea, claim, or demand towards Us in relation to the Platform’s Users, members, properties, limitations, or compatibility with the Counselors’ needs/requirements. The Counselor shall not have any plea, claim, or demand against Us in respect to any services he/she decides to provide in connection with the use of the Platform.
  8. We expressly disclaim all warranties for information posted or transmitted by the Platform's Users and/ or members.
  9. The Counselor will bear all the risks associated with the uploading and transmitting of material and utilizing the Platform including reliance on its accuracy, reliability, or legality.
  10. Under no circumstances will We be held liable to the Counselor for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of business, revenue, profits, use, data, or other economic advantage.
  11. The Counselor acknowledges and agrees that We disclaim any liability in relation to any claim, suit or action brought by a User in connection with provision of any Services by the Counselor, including but not limited to representations by the Counselor as to his/her qualifications and advice provided through the Platform. The Counselor agrees to indemnify and hold Us harmless in connection with any such claim and any damages or expenses arising therefrom.
  12. The Counselor will be solely responsible for any agreements he/she chooses to make with a User. We will not be responsible or liable in any way for any agreement made between the Counselor and a User or for enforcement of any such agreement.
  13. The Counselor acknowledges that he/she will be solely responsible and liable for any damages to any User to whom he/she provides services and to any User who suffers damages arising from or connected to such services that he/she provided to that User. In the event of a dispute regarding any interaction conducted through the Platform, the Counselor hereby releases Us from all manner of actions, claims, or demands, and from any and all losses (direct, indirect, incidental, or consequential), damages, costs or expenses, including but not limited to, court costs and attorney's fees, which the Counselor may have against one or more of the above.
  14. The Counselor shall ensure that their interaction with the Users is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or libelous in any manner. Further, the Counselor should ensure that the Interaction is not invasive of any User’s privacy, or otherwise contains any elements that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever.
  15. The Counselor shall ensure that the interaction with the Users does not result in threatening the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order. Further the Counselor shall ensure that their interactions with the Users will not cause incitement to the commission of any cognisable offence or prevent investigation of any offence or is insulting to any other nation.
  16. When using the Platform for the purposes of rendering Services to the Users or for a purpose related thereto, the Counselor must exercise a reasonable standard of care, including confidentiality obligations. For instances, sessions should not be conducted by Counselors from a vehicle or in a setting (whether public or private) where any other beings are present.
  17. The Counselor will not discuss the specifics and logistics of his/her interactions within the Platform, including, but not limited to, payment terms and mechanisms, without express written approval from Us.
  18. The Counselor will not provide any services to Users other than what has been agreed upon between Us and the Counselor.
  19. The Counselor is entitled to use the Platform only for the purpose of rendering the Services, or any task directly related to the Services. The Counselor may not use this Platform to solicit any illegal or unethical activity or other activity which infringes our rights or the rights of others. This includes promoting other legitimate business activities or selling any products whatsoever, regardless of the legality of the products.

13. GENERAL CONDITIONS

  1. LAUNCHMYCAREER reserves the right to refuse Service to anyone for any reason at any time.
  2. Users(s) understand that the content may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  3. LAUNCHMYCAREER reserves the right to add, amend or discontinue, temporarily or permanently, any of its Services (or any part thereof) in future offered through the Platform or the design and functionality of the Platform, with or without notice and/or reason(s). User agrees that LAUNCHMYCAREER shall not be liable either to User or to any third party for any modification, suspension or discontinuance of any of the Services including without limitation any failure of performance, error, omission, interruption, deletion, loss of information, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous actions, negligence, or under any other cause or action.

14. MODE OF PAYMENT

  1. You acknowledge that payment made by net banking / debit card / credit card / mobile wallets (if any) would be in accordance with the prevailing guidelines issued by the Reserve Bank of India or the Central Government as the case may be, including guidelines relating to know-your-customer norms / anti-money laundering and combatting of financing of terrorism. Further, We will not be liable for any charges occurring due to dishonour of payment instructions. It is however, clarified that any amount paid by You towards booking of a session with a Counselor and such session being cancelled or the Counselor failing to attend such appointment, shall be refunded to You.
  2. LAUNCHMYCAREER does not implicitly or explicitly support or endorse the sale or purchase of any Services on the Platform. LAUNCHMYCAREER accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  3. LAUNCHMYCAREER is not responsible for any non-performance or breach of any contract entered into between User(s) and Counselor(s). Your correspondence or dealings with Counselor(s) found on or through the Platform, including delivery of services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Counselor(s). LAUNCHMYCAREER shall not and is not required to mediate or resolve any dispute or disagreement relating to the Services between User(s) or and Counselor(s).
  4. LAUNCHMYCAREER does not at any point of time during any transaction between User(s) and Counselor(s) on the Platform come into or take possession of any of the Services offered by Counselor(s) nor does it at any point gain title to or have any rights or claims over the Services offered by Counselor(s) and User(s).
  5. At no time shall LAUNCHMYCAREER hold any right, title or interest or any obligations or liabilities in respect of any Services rendered by the Counselor(s) to the User. LAUNCHMYCAREER is not responsible for unsatisfactory or delayed performance of Services.

15. PROHIBITED ACTIONS FOR USERS

LAUNCHMYCAREER solely provides a platform that can be utilized by User(s) to reach a larger base to avail Services and undertake communication.

  1. We outrightly prohibit You from the following actions:
    1. use the Platforms for any purpose other than as expressly permitted by Us;
    2. not to hold Us responsible for any links to other websites or application which are beyond Our control;
    3. not to hold Us responsible for the third-party advertisements that may be placed/made use of on the Platform. You acknowledge that such advertisements are placed by third-parties and We are not directly or indirectly responsible for such advertisement or for any links contained therein;
    4. not to unauthorize Us from using the user generated content on the Platform for any of the business purposes, even following the termination of Your registration;
    5. post on the Platform any content, whether or not containing links, for any of Our competitor;
    6. the Platform or any portion of this Platform may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of LAUNCHMYCAREER. You may not systematically extract and/or re-utilise parts of the contents of the Platform without the express written consent of LAUNCHMYCAREER. In particular, You may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of the Platform without the express written consent of LAUNCHMYCAREER;
    7. collect, post or submit on this Platform any incomplete, fictitious, false or inaccurate information;
    8. aggregate, copy or duplicate in any manner any content or information available from this Platform; and
    9. upload, share or otherwise distribute any text, graphics, images, videos or data which victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.

16. INTELLECTUAL PROPERTY RIGHTS (IPR) RESTRICTION

  1. This site is controlled and operated by LAUNCHMYCAREER and the Services are rendered by LAUNCHMYCAREER and the third-party Counselors. All material on this Platform, including (but not limited to) articles, posts, blogs, images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, trade secrets, and other intellectual property rights thereon, all of which vest exclusively with LAUNCHMYCAREER and/or its Affiliates. All material on Platform is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other intellectual property rights, and is strictly prohibited. Any use for which You receive any remuneration, whether monetarily or otherwise, is construed as a commercial use for the purposes of this clause and LAUNCHMYCAREER shall hold you accountable and liable for infringement of trademark, copyright, trade secrets and other intellectual property rights under the relevant prevailing laws in India.
  2. The User confirms and undertakes not to display or use the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on the Platform. The User further agrees to indemnify and hold Us, Our directors, employees, affiliates, assigns and parent concern harmless against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Platform, by User or through the User’s commissions or omissions.

17. REFUND POLICY

  1. We may, in certain exceptional circumstances and at our sole and absolute discretion, refund the amount to the User after deducting applicable charges and taxes, if any. Such exceptional circumstances are provided hereinbelow:
    1. In the event of any cancellation of appointments/meetings by a Counselor or rescheduling of meetings by a Counselor to a time not suitable for the User, then any amount paid for the booking of such appointment/meeting shall be refunded to the User. It is clarified that LAUNCHMYCAREER shall not be liable to refund any amounts in the event of any unsatisfactory services from a Counselor.
    2. In the event the Learning Content is not accessible owing to any technical reason attributable to Us or the Platform, any amount paid for availing such Learning Content will be refunded to the User on a pro rata basis based on the number of days for which the Learning Content was not available to be used/accessed by the User on the Platform. It is clarified that LAUNCHMYCAREER shall not be liable to refund any amount in the event of the Learning Content being found unsatisfactory by any User.
    3. In the event of any excess payment towards the Services has been made by the User due to any technical glitch on the Platform or payment gateway.
  2. Subject to clause 13.1 above, all monies payable to LAUNCHMYCAREER by the User(s) on consummated transactions, i.e., exchange of Services for consideration, are final and non-refundable. LAUNCHMYCAREER will not be liable to process the refund of any paid amount in the event of any unsatisfactory services obtained from Counselor(s).

18. RELEASE AND LIMITATIONS OF LIABILITY

  1. Users shall access the Platform voluntarily and at their own risk. We shall under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity during the course of access to and/or use of the Platform, including claims based on malpractice.
  2. You agree that any claim arising out of Your relationship with the Counselor shall be brought solely against such Counselor, and neither LAUNCHMYCAREER nor any of its licensors or affiliates shall be included within any such claim.
  3. By accessing the Platform, Users hereby release from and agree to indemnify Us, and/or any of Our directors, employees, partners, associates and licensors, against all liability, cost, loss or expense arising out of their access to the Platform including but not limited to personal injury and damage to property, whether direct, indirect, consequential, or foreseeable, caused due to any negligent act or omission on their part, or otherwise.
  4. Users shall be solely responsible for any consequence which may arise due to their access and use of the Platform, including conducting an illegal/fraudulent act or non-conformity with these Terms of Use and other rules and regulations in relation to the Platform, including provision of incorrect address or other personal details. Users also undertake to indemnify Us and Our respective officers, directors, employees and agents on the happening of such an event (including without limitation, cost of attorney, etc.) on full indemnity basis for any loss/damage suffered by Us on account of such act on the part of the Users.
  5. Under no circumstances, including, but not limited to, negligence, will LAUNCHMYCAREER be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues or profits, loss of data, or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) even if LAUNCHMYCAREER has been advised of the possibility of such damages arising out of or relating (i) to the terms; (ii) your use of (or inability to use) the Platform or Our offerings, or (iii) any other interactions with LAUNCHMYCAREER or any third-party through or in connection with the Our offerings, including other users. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, LAUNCHMYCAREER’ liability will be limited to the fullest extent permitted by applicable law.

19. TERM AND TERMINATION

  1. The provisions of these Terms of Use shall remain in force and effect until the User continues to use the Services unless your account is terminated as provided in these Terms, in which case you no longer have the right to use the Services.
  2. LAUNCHMYCAREER, in its sole discretion, without any reason, and without penalty, may suspend or terminate any account (or any part/features thereof) you may have with LAUNCHMYCAREER or your use of the Services and remove and discard all or any part of your account, User profile, and User Content, at any time. LAUNCHMYCAREER may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have, or portion thereof, may be affected without prior notice, and you agree that LAUNCHMYCAREER will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies LAUNCHMYCAREER may have at law or in equity.
  3. The remedy available with You with respect to dissatisfaction with (i) the Services, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of LAUNCHMYCAREER in operating the Services, or (v) any content or information transmitted through the Services, is to terminate the Terms and your account. You may terminate these Terms at any time (prospectively only) by deleting your login account with the Services and discontinuing use of any and all parts of the Services.
  4. School Personnel may terminate use of the Services individually and/or with respect to School Accounts created by such School Personnel at any time. Despite termination of a School Account by a School Personnel, the User Account of the User will continue to be active and the User can avail the Services being made available by LAUNCHMYCAREER to the User directly.
  5. As a Parent User, if you have created a Child account for availing the Services and have a Parent User account associated with the Child account, you can terminate your Child’s login account through the account profile, or by contacting our customer support team.

20. GOVERNING LAW AND DISPUTE RESOLUTION

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws, principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at New Delhi, India.

21. TAXES

You shall be responsible for payment of all fees/costs/charges associated with availing of Services from Us and You agree to bear any and all applicable taxes including but not limited to GST, duties, cess, etc.

22. WAIVER

Any failure or delay by a party to enforce or exercise any provision of these Terms of Use, or any related right, shall not constitute a waiver by such party of that provision or right. To clarify, if a User breaches any of these conditions and We do not initiate any action against the same, We will still be entitled to use our rights and remedies in any other situation where You breach these conditions. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

23. MISCELLANEOUS

  1. We may be required under applicable law, to notify Users of certain events. User hereby acknowledges and consents that such notices will be effective upon Our posting them on the Platform or delivering them to the User through the email address provided by the User at the time of registration. User (s) may update their email address by logging into their account on the Platform. If they do not provide Us with accurate information, We shall not be held liable for failure to notify the User.
  2. We shall not be liable for any delay or failure to provide the Services resulting from causes outside Our reasonable control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond Our control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, epidemics, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
  3. Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms must be filed within 15 (fifteen) days of such claim or cause of action arising or be forever barred from making the claim.
  4. If any part of these Terms of Use is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms of Use shall continue in full force.
  5. We reserve the right to moderate, restrict or ban the use of the Platform, specifically to any User, or generally, in accordance with Our policy/policies amended from time to time, at Our sole and absolute discretion and without any notice.
  6. We may, at Our sole and absolute discretion, permanently close or temporarily suspend any services provided on the Platform.

24. DISCLAIMERS

  1. Unless otherwise explicitly specified, We are not affiliated in any way to and claim no association, in any capacity whatsoever, with any organization, association, institution, business, trust, authority, governing bodies and leagues, whether local or national or international.
  2. We are no way, directly or indirectly responsible for the advice and assistance provided by the counselors. We are an independent third-party enabler who have built and provided you with a platform where users can communicate with, and if need be, meet the counselors electronically. We do not have any control over the services provided by the counselors, and thus, cannot be held responsible in case of any issues/discrepancies with the services provided by the counselors.
  3. The Platform has multiple Counselors for the same practice area and there might be instances wherein a same/similar query has been answered in different ways by the Counselor(s). We take no liability towards these different opinions and answers of the Counselor(s) and encourage You to take a separate independent opinion/ alternately decide which opinion to go ahead with based on merits and logical conclusions.
  4. To the extent permitted under law, We shall not be responsible for any harm resulting from downloading or accessing any information or material vide the Platform owing to the quality of servers. We disclaim any responsibility for any technical glitches on the servers or the technology that underlies Our Platforms, failures by service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of Our facilities, acts of nature, war, civil disturbance, or any other cause beyond Our reasonable control, which affect the functioning of the Platform(s). In addition, We do not provide any warranty as to the content on the Platform.
  5. Any material accessed, downloaded or otherwise obtained through Us and/or the Platform shall be User’s sole discretion, competence, acceptance and risk. The User will be solely responsible for any potential damage to User’s computer system/mobile or loss of data that results from a User’s download of any such material.
  6. We shall make best endeavors to ensure that the Platform and experience through it is error-free and secure, however, neither We nor any of Our partners, Counselor(s) or associates make any warranty that:
    1. the Platforms will meet Users’ requirements;
    2. The Platforms will be uninterrupted, timely, secure, or error free;
    3. the listings on the Platform will be accurate or reliable; and
    4. the quality of Services, information, or other material that Users avail or obtain through the Platform will meet Users’ expectations.
  7. To the extent permitted under law, neither We nor our partners, affiliates or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use Our Platform, even if We have been advised of the possibility of such damages.
  8. No representation is made that the quality of the professional services to be performed is greater than the quality of professional services performed by other Counselor(s). We urge all Users to make their own independent investigation and evaluation of any Counselor(s) being considered.

25. CONTACT AND COMPLAINT

  1. In the event the User has any questions, feedback, suggestions, experience, comments and requests (“Feedback”) regarding these Terms of Use, such respective User may address the same to the designated grievance officer in respect of the Platform. Any complaints or concerns with regards to any content on the Platform or any breach of the Privacy Policy or Terms of Use or any other policy can be directed to the designated officer in writing and the details are as follows:
    LAUNCHMYCAREER Private Limited, B-121 (Basement), Sector-67, G B NAGAR, Gautam Buddha Nagar, Uttar Pradesh, India, 201301
  2. A complaint or concern may also be raised through an email to complaints@launchmycareer.com.
    1. The Feedback, complaint or concern shall be deemed to be non-confidential and non-compensatory in nature. LAUNCHMYCAREER reserves the right, at its sole discretion to use such information in any manner as may be deemed appropriate by LAUNCHMYCAREER and such use shall be entirely unrestricted.
  3. User further represents and warrants that while posting any Feedback for the Platforms, User shall not use any offensive, libelous, derogatory, hateful or racially or ethnically objectionable language. Further, User shall not post any content on any part on the Platform that is obscene, pornographic and that all such Feedback will be in accordance with the applicable law.
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