Terms and Conditions

Version date: June 01, 2023

The following are the terms and conditions of accessing or using any of our website, mobile site, mobile app etc. (hereinafter “Platforms”) developed and operated by Pathfinder Publishing Private Limited and our affiliated companies (hereinafter "Careers360").

Your use of this Platform at any time constitutes a binding agreement by you to abide by these Terms and conditions whether or not you become a registered user of the services. The Terms and Conditions and Privacy Policy as amended by us from time to time govern your use of our platforms. You acknowledge and agree that, by accessing or using our Platforms, you are indicating that you have read and that you understand and agree to be bound by these terms and receive our services. The terms are also applicable to the comments (reviews) you leave explaining your personal experience as a student, and any information you specify on our platforms.

We may, at our sole discretion, modify or revise these Terms and Conditions and Privacy Policy at any time. You should check from time to time to ensure that you are happy with any modifications. Your continued use of our platform means that you agree to these terms, as revised.

1. Registration

1.1 Although parts of our Platforms may be visited by any visitor, you will need to register as a member to access certain features of the Platforms, to contribute or use any of our community features, downloading eBooks, showing willingness to apply to educational institutions, access demo / mock tests / test preparation material, access various tools and services on the platform etc. Registration on our platforms is free

1.2 To register as a member, you must confirm that you are over 18 years of age. If you are less than 18 years old, please refer to Section 3 below.

1.3 You agree that any information you provide us about yourself after registration or at any other time is true, accurate, up-to-date and complete. We reserve the right to terminate your membership and access to our platform if we learn that you have provided false or misleading information.

1.4 By registering, you agree to make your contact details available to partners / business associates of the Platform, receive promotional mails/ updates from Platform or any of its partners or business associates. You may be contacted by platform, partner educational institutions / service providers for additional information through email, telephone, SMS and WhatsApp.

1.5 When you register, your email ID may be used as your username. The login process is through an OTP that will be sent to your registered email address and / or mobile number.

1.6 We have the absolute discretion to cancel your username/password at any time if we suspect it is being used by an unauthorized person.

1.7 Post Registration, you may be required to provide details of your preferred exams, locations, colleges and interest in any product offerings, some of which may be provided by our clients, in which case you may be contacted by them.

2. Your use of our Platforms

2.1 All information, documents, software, images, photographs, text, services and other similar materials (collectively "Materials") contained in this platform are provided by 'Careers360' or its third-party manufacturers, authors, developers and vendors ("Third Party Providers") and are the copyrighted work of Careers360 and/or the Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Careers360 or the third-Party Provider.

2.2 No part of the Platforms, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Careers360

2.3 You agree that the following actions are prohibited

• Copying, extracting, downloading, sharing, displaying, selling, or otherwise exploiting any content, data, information, photos, images, preparation material, questions and solutions available on the Platforms or any other products or services provided by the Company for any purpose which is not adhering to these terms and conditions.
• Using or exploiting Platforms and any content or data or information or test preparation material provided there in for any commercial purposes without prior written consent of the Company and / or undertaking any business activity which is competing with business activities of the Company
• Gaining or attempting to gain unauthorized access to any portion of the Platform which are not intended for your use.
• Using any software or automated programs or any process to access, navigate, copy, download, crawl, scrape or extract any manner any data, content information, test preparation material from the Platform
• Reverse engineering, decompiling, deciphering or deriving the source code for the Platform.
• Impersonating any other person or entity or making any misrepresentation of the information shared about you.
• Stalking, threatening, spamming or in any manner harassing any other use of the Platform
• Imposing an unreasonable or large load on the infrastructure of the Platforms.

2.4 For the purposes of these terms, “content” refers to all data, text, logos, artwork, software, documents, images, photographs, learning material and other materials downloaded from our platforms. This also includes any material you may upload including information about yourself, and comments about your experience as a student or about your study interests etc.

2.5 You must ensure that any content that you submit to our platforms

• Does not infringe any third party's intellectual property rights (“intellectual property rights” refers to registered and/or unregistered copyright, database rights, trade marks, design rights and other intellectual and proprietary rights of whatever nature, and all applications for such rights, anywhere in the world).
• Does not breach any applicable law.
• Is not defamatory, profane, sexually or racially offensive or discriminating, harassing, threatening, obscene, pornographic, false, unreliable or misleading or otherwise objectionable in our opinion.
• Does not disrupt the online community on our platforms.

2.6 You agree that you will not use our platforms

• For commercial purposes or to obtain financial gain without our prior written consent.
• To send chain letters, junk mail, ‘spam’, business or bulk communications of any kind.
• To advertise a company, product or service of any educational establishment except under the terms of a written advertiser agreement that we have entered into with you.
• In a way that might reasonably be expected to cause another person's computer systems and/or their communications network to be interrupted, damaged or rendered less efficient.
• To obtain personal information from users in a non-transparent or deceptive way.
• To obtain passwords or personal identifying information for commercial or unlawful purposes from other users.
• To attempt to impersonate another user.
• To harass, threaten, or intimidate any user

2.7 You will be for responsible for logging out from your registered account at the end of each session on our platform

2.8 If you are a visitor, you agree not to obtain unauthorized access to areas of our platform reserved for members

2.9 If you are aware of anything on our platform which appears to infringe these terms, you agree to contact us immediately

2.10 If you are a university, college, school, other educational institution, educational service provider or any other entity partnered with Careers360 where Careers360 shares details of students who have expressed willingness to apply for your programs:

• You will comply with all applicable data protection laws in relation to the processing of personal data; and not process personal data in an unlawful manner and excessive with regard to agreed purposes as defined in the privacy policy and this terms and conditions
• You shall implement adequate technical and organizational controls to protect the shared personal data obtained from the Company against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure
• You warrant and represent that the institution shall not disclose or transfer Personal Data obtained from the Company to any sub-processors without ensuring that adequate and equivalent safeguards to the Personal Data
• You shall retain or process shared Personal Data for no longer than is necessary to carry out the agreed purposes

3. Under 18 Years of Age

3.1 If you are under 18 years of age and want to become a member, you must obtain a parent or guardian's permission before registering on our platform. You may also discuss these terms with them before obtaining their permission.

3.2 If you are a member under 18 years of age, you will need to obtain a parent or guardian's permission before taking part in any online discussions. You should never reveal personal information about yourself, such as your address, telephone number, and school name etc., to other users.

3.3 You cannot register on our Platforms if you are less than 13 years old. We do not intentionally collect or maintain personal information of those who are under 13 years of age.

4. Content Posted

4.1 None of the views expressed in the user content section is the views of the Careers360 team and we are just providing a platform. You acknowledge that all content is the responsibility of the person who posted, emailed or otherwise provided the content to our platforms. We are not responsible in any way for any user-managed content and if you post, email, upload or otherwise provide content, you are entirely responsible for it.

4.2 We do not necessarily endorse, support, encourage or agree with the opinions, advice, statements, or other information or content posted by you.

4.3 By submitting or posting content on our platforms, you grant to Careers360 a non-exclusive, irrevocable, perpetual, royalty free, sublicensable worldwide license to use, reproduce, copy, modify, publish, reformat the content posted by you. Further, you authorize us to adapt such content and you agree to waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question

4.4 However, we operate a "take down and notice" procedure. If you believe that any content is defamatory, profane, sexually or racially offensive or discriminating, harassing, threatening, obscene, pornographic, false, unreliable or misleading or otherwise objectionable, or infringes intellectual property or other legal rights please notify us immediately by email. We will investigate each matter notified to us and will act in our sole discretion.

4.5 We have the right in our absolute discretion to alter, edit, remove, suspend or refuse any content without notice, if we consider that the content is objectionable or violates these terms or for any other reason

4.6 If you post content which is found to be in breach of these terms, we reserve the right to deactivate your username and password to prevent you from further access to our platform as a member.

4.7 We may preserve or disclose the content and your personal details as well as any content to any third party if such disclosure is necessary

• For the purpose of maintaining our website;
• By law; or
• To respond to claims that our platform infringes or restricts the right of any party

4.8 Our platforms are not responsible in any manner whatsoever for how any search engine -- such as Google, Bing etc. -- caches or displays the comments posted by you.

5. Intellectual Property Rights

5.1 All the content, material, trademarks, service marks, trade names, software, text, script, images, graphics, videos, audio, preparation material with questions and solutions etc. contained in the Website, Application, Products / services are proprietary property of the Company (“Intellectual Property”) and protected by the governing laws and regulations in India.

5.2 You may view, print, download or temporarily store such content for your personal, non-commercial reference without alteration, addition or deletion. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer such content. You acknowledge that you will not acquire any intellectual property rights by downloading or otherwise using any such content

5.3 All other trademarks, service marks and logos used on the Platforms are trademarks, service marks and logos of their respective owners like universities, colleges, schools, educational service providers, organizations etc.

5.4 Careers360 respects intellectual property rights of any third party. If we receive any communication with regard to any possible infringement of any intellectual property right of any third party, we shall remove the infringing content from the Platforms and terminate the account of the associated user.

5.5 When you submit content on the Platforms, you grant us a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and communicate to the public such content.

6. Mobile Services

The subscriber availing this service shall be deemed to have consented to be bound by all the applicable terms and conditions of this service. Decision of Careers360 regarding all transactions under this service shall be final and binding and no correspondence shall be entertained in this regard

• Your mobile phone number will be used during the transmission of text messages through the mobile service provider's server for SMS Service.
• The subscriber understands that he/she can avail SMS Services at his/her discretion and the said service shall be availed in such options as are made available by Careers360 from time to time.
• This service is subject to guidelines/directions issued by Telecom Regulatory Authority of India or any other statutory authority as applicable from time to time.
• The SMS or its contents once sent for availing the SMS services shall be treated as final and the same cannot be withdrawn, changed or retrieved subsequently under any circumstances.
• WAP Services enable you to access our Services and to submit and/or receive Content through your wireless Device. Your access to our WAP Services may be dependent on the wireless Device you use to access the applicable WAP services.
• Careers360 reserves the right to modify/delete the account contents at its own discretion without prior notice if the contents of profile are deemed unfit for broadcast.
• The users specifically note and agree that the content and service or part thereof may be varied, added, withdrawn, withheld or suspended by Careers360 at its sole discretion without prior notice to the users.
• Careers360 shall not be liable for any costs, loss or damage (whether direct or indirect), or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of the user using the Service.
• No reversal of deducted charges shall be allowed under any circumstances.
• The users shall remain solely responsible for all content, information, data originated from the users and transmitted via the Service (content), and the users shall accordingly indemnify Careers360 and / or the Operator, against all third party claims relating to the users content or due to the users act, negligence or omission.
• You are bound by the terms and conditions as mentioned herein and as stated on the site.
• Message delivery is conditional to Mobile operator's technical infrastructure and its network uptime.
• By using various SMS based services from Careers360 you agree to receive phone calls, messages etc. from Careers360 and/or its associates tailored to provide with better education related opportunities.
• Subscribing or using various paid/free services of Careers360 on SMS/Voice/WAP either directly or indirectly doesn't in any manner guarantee the user an admissions.
• By agreeing to register at Careers360 Mobile alerts, a user allows Careers360 to get in touch with him/her from time to time on events or offers regarding careers, admissions, jobs and ancillary services on mobile. This can include exciting offers, information, as well as promotions.
• The subscriber shall be required to comply with all directions/instructions etc. issued by the Company relating to the network, the services and any/all matters connected therewith and provide the Company all other and further information and co-operation as the Company may require from time to time.

7. Cookies

When we provide services, we want to make them easy, useful and reliable. Where services are delivered on the internet, this sometimes involves placing small amounts of information on your device, for example, computer or mobile phone. These include small files known as ‘cookies’. They cannot be used to identify you personally.

• Enabling Careers360 to recognise your device so you don't have to give the same information several times during one task and presenting you with the most relevant courses, programs, reviews and scholarships.
• Recognising that you may already have given a username and password so you don't need to do it for every web page requested, for example when enquiring to universities and colleges.
• Measuring how many people are using our sites, so they can be made easier to use and there's enough capacity to ensure they are fast.

You can manage these small files yourself and learn more about them through Internet browser cookies - what they are and how to manage them.

8. Counselling Products & Services / Test Preparation Products

8.1 Amount payable towards any of the paid products like Counseling products or Services, Test preparation products, Common Form etc will be displayed to the student before the student is making payment. Unless otherwise expressly mentioned, full payments towards any of the products or services offered by Careers360 shall be made before accessing the programs or services. It is the sole responsibility of the user purchasing a product or service on our Platform to assess the suitability and relevance of the product or service proposed to be purchased

8.2 We generate system generated invoices with regard to the products or services purchased on our Platforms. The amount payable by you is inclusive of all the taxes, as applicable.

8.3 If you are allowed to make the payment by using installments or staggered payments option, if the payment is not received within stipulated time periods, Careers360 may withdraw your access to the Program till the payment is made.

8.4 In the event of any suspension or termination of services on account of non-compliance of these Terms of Use, any payment made to the Company by you shall stand forfeited with immediate effect

8.5 The Company shall have the right to monitor the usage of the e-learning / test preparation products by the user, to analyze the usage and to communicate with the user, seeking feedback, mentoring the user to enable effective and efficient usage of the application / products acquired by the users

8.6 It is the sole responsibility of the user enrolling into a program to check the accuracy of, and evaluate the suitability and relevance of the program elected. The enrolment into a program is non-transferable.

8.7 To make payment for any program or to purchase any services or products offered through Careers360 platform, you must have internet access and a current valid accepted payment method as indicated during sign-up ("payment method"). Careers360 does not store any of your credit card information or such other information restricted by the Reserve Bank of India (RBI) for processing payment and has partnered with payment gateways for the payment towards the services. By using a third-party payment provider, you agree to abide by the terms of such a payment provider. You agree that in case Careers360’s third-party payment provider stores any such information, Careers360 will not be responsible for such storage, and it will be solely at your discretion to allow the third party to store such information. Any loss of such information or any loss incurred by you due to the usage of such information will be solely a loss incurred by you, and Careers360 is in no way liable for any such losses and is neither responsible to reimburse / make good such losses in any manner whatsoever. You also agree to pay the applicable fees for the payments made through the platform

8.8 Failure to pay may result in withdrawal of your access to a program. Depending on where you transact with us, the type of payment method used and where your payment was issued, your transaction with us may be subject to foreign exchange fees or exchange rates. Careers360 does not support all payment methods, currencies or locations for payment. All applicable taxes are calculated based on the billing information you provide to us at the time of enrolment/purchase.

8.9 All prices of various counselling products & services, test preparation products etc. are subject to change without notice.

9. Refund / Cancellation Policy

Amount paid towards products purchased will neither be refunded nor adjusted under any circumstance. Our customer service team would be available to address any concerns related to the product and services rendered by us.

However, if you have purchased products under ‘guaranteed success’ facility, the amount would be returned in case of not meeting the minimum guarantee promised, provided that you have engaged with the portal with minimum number of hours and taken up a minimum number of tests specified against each such package sold under such facility.

For further information, please write to us at support@careers360.com.

10. Applying to Educational Institutions

10.1 If you are applying to any college / university (Institution) by using ‘Common Form’ or any other mode on our Platforms, you will take complete responsibility for the completeness and accuracy of the personal and academic information submitted in the application form provided. You undertake and agree that the information submitted in the Form is factually true and correct

10.2 You understand that you will have to check the eligible criteria for the programs for which applications is being made and apply for only those Institutions which meet your requirements

10.3 You authorize Careers360 to share the information provided by you with Institutions to whom you are applying

10.4 The information submitted in ‘Common Form’ is not a complete application form and Institution may contact you for additional information, if required

10.5 You agree to notify the Institutions to whom you have applied to if there is any change in the information submitted in the Application Form

10.6 You understand that any changes in the information made after application is submitted would not be shared with the Institutions. You need to contact the institution directly, if you wish to change any information submitted in the Form

10.7 Applying through ‘Common Form’ or any other application form does not give any guarantee admission, or provide any preference in application process

10.8 The Institutions for whom applications are allowed through ‘Common Form’ or through any other similar feature are our advertisers / partners and it is your responsibility to review the details of the Institutions and their programs before applying

11. Counselling Services

11.1 The Counselling services and the information, recommendations, advices and other services provided to you on or through the Counselling sessions / Webinars / WhatsApp Text/Call etc. are intended to provide information and guidance only and do not constitute any commitment of performance/admission of the user in any manner.

11.2 Careers360 will judiciously keep the content/information/data provided through the counseling services correct but does not guarantee that the information/data is free of errors, defects etc.

11.3 Information provided by the counselors/experts through the counseling services would be based on the expert's analysis backed by data, past experience etc. Careers360 will not be responsible for the decision taken by the users on the basis of Expert advice/guidance.

11.4 You understand that you will have to check the eligibility criteria for the programs for which applications are being made and apply for only those Institutions which meet your requirements

12. Shipment Policy

When you are purchasing products, you have to specify the address to which the shipment has to be made at the time of purchase. All products shall be shipped to the address specified at the time of placing the order. You cannot change the address after the order is processed. In case of any change in the address, you are required to make a written request prior to shipment date. Any inconsistency in name or address may result in non-delivery of the product(s)

In case a damaged product is delivered and a return request has been raised by you, then shipping cost shall be borne by the Company. You may also choose to refuse the delivery of any product that seems to be tampered with, opened or damaged at the time of delivery. You can cancel your order online before the product has been shipped. Your entire order amount will be refunded. Unfortunately, an order cannot be cancelled once the item has been shipped or delivered to you. The products must be returned in the same condition as delivered by the Company. Any products returned showing signs of any use or damage in any manner shall not be accepted for return. All requests for return of products have to be placed within 7 (seven) days from the date of delivery. Please note that no refunds shall be claimed or will be entertained post 7 days from the date of delivery.

In case of all products and services, where the delivery is instantaneously online and is completed electronically, you cannot cancel the delivery. If the email id/mobile id that you have used to avail any such aforementioned products/services is incorrect, you can email us for recourse. We will attempt to restore the purchase of your products/services to the correct email/mobile details but do not guarantee the success of such a request. Please note, no such requests will be entertained post 7 days from the date of online delivery

13. Indemnification

You agree to indemnify, defend and make good Careers360, employees, contractors, licensors, third party suppliers, partners, from any claims, losses, damages, liabilities and expenses arising out of any use or misuse of the Platforms, infringement of intellectual property rights, any violation of the Term or any breach of the representations, warranties made herein.

14. Warranties and Disclaimers:

14.1 Careers360 makes reasonable efforts to ensure that the Platforms are safe to use and the cont. You expressly understand and agree that your use of the platforms, the content, products and services is at your sole risk. All content and material on the platforms are provided on an AS IS and AS AVAILABLE basis. Careers360 expressly disclaims all warranties and conditions of any kind whether express or implied.

14.2 Careers360 makes no warranty that the

• The content and services are accurate, timely and error free
• The content and services are uninterrupted and virus free
• The results that may be obtained from the use of the Platforms including from test preparation and counselling products and services are accurate and reliable
• Any errors in the products and services will be corrected

14.3 Though the website has been designed with utmost care but due to some inevitable error quotient in human working the graphics and documents may have some typographical or technical errors which will be removed or edited from time to time as the website will be updated. You understand and agree that we do not guarantee the accuracy, relevancy or completeness of any information in or provided on or from our platforms. In no unprecedented or already occurred event, Careers360 and / or its Supplier/Licensor shall not bear any liability to any party or individual for any Direct/Indirect, Special or other Consequential Damages pertaining to the usage of websites, information on them or any other hyperlinked website inclusive of any limitation, lost profits, interruption of business, program loss or any other data loss while handling the information or system or otherwise even of the Pathfinder Group has been expressly apprised of the probability and possibility of such damages. Our platform is provided for the general information of the general public.

14.4 'Careers360' expressly disclaims warranties of any kind for any use of or any access to any of its platform, to any material, information, links, or content presented on its platforms, to any external website linked thereto, and to any material, information (including any software, products, or services), links, or content linked thereto including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. 'Careers360' has no control over any external website or over any external material, information, links, and content linked to its platforms. Certain jurisdictions do not permit the exclusion of implied warranties and the foregoing exclusions of implied warranties may not apply to you. There are no guarantees and no warranties of online availability, impressions, and click-throughs. The entire risk as to the performance of, or non-performance of, or arising out of the use of, or the access of, or the lack of access to our platforms, any material, information, links, or content presented on the platforms to any external website linked thereto, or to any external material, information, links, or content linked thereto, is borne by the user, visitor, customer, or other person.

14.5 Your use and participation in our platform and services are solely at your own risk. No advice or information, whether oral or written, obtained by you from our platform shall create any warranty not expressly made in these terms or imposed by law.

14.6 We explicitly disclaim, and will not accept any responsibility for any of the following in respect of the sites that we link to:

• Infection by computer viruses
• Damage caused by downloaded software
• Technical problems, failures and speed of operation
• Libelous or illegal material
• The quality or truth of any material, or advice that is offered

14.7 Purchasing and Ordering Disclaimer: If You are making or planning to make any decision, whether personal or business decisions, based on the content on the site, you should conduct an independent verification before making Your important decision. In the case of any listings or banners displaying any content related to any educational products, you may contact the institution/individual directly. In the case of test preparation products or counseling products, you have to review and verify the offerings, and seek more details if needed before taking decision to purchase any product or service. All decisions made would be entirely Your prerogative and Careers360 does not claim to offer any advice, either legal or financial. Careers360 doesn't take any ownership, directly or indirectly towards any person whatsoever, with respect to banners hosted on its websites Platform by its customers, which are strictly in the nature of sale of space by websites Platform & it has not carried out any independent verification on the authenticity or compliance requirements, as may have been required under any law for the time being in force, of such images/ banners/ listings

15. Limitation of liability

15.1 In no event shall the Company, its affiliates, directors, officers, employees, partners, advertisers, licensors, suppliers or agents be liable to You or any third party for any special, incidental, indirect, consequential, punitive or exemplary damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, your use of, or access to the Platforms

15.2 Except as required by law, we will not be liable for any direct losses or damages arising in contract, tort (including negligence) and for any reason.

15.3 Except as required by law, we shall not be liable for any indirect, incidental, special or consequential losses or damages or loss of profits, data, goodwill or revenue. We shall also not be liable in each case regardless of whether such losses or damages arise in the normal course of events or whether we have been advised of the possibility of such damages and whether such losses or damages arise in contact or tort (including negligence) and for any reason.

15.4 Our platforms bear no responsibility for any accident, injury or loss of life to any individual or group of people resulting from accessing the information hosted on its network of website

16. Governing Law

The terms and conditions shall be governed by and construed in accordance with laws in force in India. Any disputes arising herefrom shall be subject exclusively to the jurisdiction of the courts of law in Delhi, India.

You acknowledge that you have read and accept these terms and conditions. If you do not agree to these terms and conditions, you may choose not to become a user of our Platforms.

For further information, please write to us at support@careers360.com

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