TERMS AND CONDITIONS

This “Terms and Conditions” or “Terms of Service” agreement document (hereinafter referred to as ‘document’) is an electronic record in terms of information technology act, 2000 and rules made there under as applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of rule 3(1) of the information technology (intermediaries’ guidelines) rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement of access or usage of a website. Here website means www.furtherise.com.

TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT LAST REVISION: [23-06-2020]

PLEASE READ THIS TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR OUR SERVICE FROM THIS WEBSITE YOU UNDERSTOOD, ACCEPTED AND AGREED TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Service Agreement (the “Agreement”) governs your use of this website, WWW.FURTHERISE.COM (the “Website”), FURTHERISE (“Business Name”) offer of services for purchase on this Website, or your purchase of services available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. FURTHERISE at their sole discretion reserves their rights to change, modify, add or revise the terms and conditions of the Agreement from time to time and the same shall be displayed on their Website. FURTHERISE shall alert you that changes or revisions have been made by indicating on the top of this Agreement. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. FURTHERISE encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Furtherise for other services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.

I. SERVICES OFFERRED

FURTHERISE helps the clients in career counselling (but not limited to) career guidance & planning, admission assistance, college application assistance, life skills development and professional skills training in the best of their interests. We also use career assessment / career test; personality test and Emotional Intelligence test developed by other organization who are expert in those field to help our client.

By entering into the present agreement, you accept that you are using the services rendered at FURTHERISE at your sole discretion without any undue influence of the FURTHERISE and at your sole risk and responsibility (under supervision of guardian in case of minors).

You further agree to ensure that you will ensure that you avail the services with due care and due diligence and as per the terms & conditions of the respective service you are availing.

II. INTELLECTUAL PROPERTY OWNERSHIP

  1. FURTHERISE alone (and its business partners, where applicable) shall own all right, title and interest, including all intellectual all property rights, in and to the Website and Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website or the Service.
  2. You may not use, copy, adapt, modify, create derivative works, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service or Collective Content, except as expressly permitted in this agreement. You may not use any Collective Content without first obtaining the written consent of FURTHERISE.
  3. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by FURTHERISE or its business partners, except for the licenses and rights expressly granted in this Agreement.
  4. This agreement does not constitute a sale and does not convey to you any rights of ownership in or related to the Website, or any intellectual property rights owned by FURTHERISE. FURTHERISE’s name, logo, and the product or service names associated with the Website and the Service are trademarks of Owner, its affiliated companies or third parties, and no right or license is granted to use them.

III. WEBSITE LICENCE

  1. Subject to your compliance with these terms and conditions document, FURTHERISE grants you a limited non-exclusive, non-transferable license for the use of the Website.
  2. You shall not indulge in any of the following activities:

– License, sub license, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Website in any way;

– Modify or make derivative works based upon the Service or Website;

– Reverse engineer or access the Website in order to:

– Create internet “links” to the Service or “frame” or “mirror” any Website or any other server or wireless or Internet – based device;

– Design or build a competitive product or service,

– Copy any ideas, features, functions or graphics of the Service or Website

– Design or build a product using similar ideas, features, functions, or graphics of the Service or Website’ or

– Launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/ or performance of the Website.

– Send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third-party privacy rights;

– Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;

– Send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;

– Attempt to gain unauthorized access to the website.

– will not authorize others to use your account;

– will not assign or otherwise transfer your account to any other person or legal entity;

– will not use an account that is subject to any rights of a person other than you without appropriate authorization;

– will not use the Service or website for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;

– Interfere with or disrupt the integrity or the performance of the Website, the Website or Service or the data contained therein;

– will provide us with whatever proof of identity we may reasonably request;

– will comply with all the applicable law from your home nation, the country, state and/ or city in which you are present while using the Website or the Service.

  1. FURTHERISE shall reserves their right to investigate and prosecute violations and breaches of any of the above contents to the fullest extent of the law. FURTHERISE may involve and cooperate with law enforcement authorities in prosecuting users/visitors/clients who violate/ breach these User Terms.
  2. You acknowledge that FURTHERISE has no obligation to monitor your access to or use of the Website, Service or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Website, to ensure your compliance with these User Terms or to comply with the applicable law or the order or requirement of a court, administrative agency or other governmental body.
  3. FURTHERISE reserves their right, at any time and without prior notice, to remove or disable access to any Collective Content that FURTHERISE, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Website, the Service or Website.

IV. CONDITIONS FOR USE OF WEBSITE

  1. Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011 and further guidelines as may be issued by the appropriate government time to time, in case of non-compliance with rules and regulations, user agreement and privacy policy, for access or usage of intermediaries computer resources, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resources of Intermediaries and remove non- complaint information.
  2. You warrant that the information you provide to FURTHERISE is accurate and complete. FURTHERISE is entitled at all times to verify the information that you have provided and to refuse the Service or use of the website without providing reasons.
  3. In term of Information Technology (Intermediaries guidelines) Rules 2011, you agree and undertake that you shall not host, display, upload, modify, publish, transmit, update or share any information or share /list (s) any information or item that:

– Belongs to another person and to which You do not have any right;

– Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful or racially, ethically, objectionable, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women ( Prohibition) Act,1986;

– Harm minors in any way;

– Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or right of publicity or privacy or shall not be fraudulent or involved the sale of counterfeit or stolen items;

– Involves the transmissions of “junk mails”, “chain letters”, or unsolicited mask mailing or “spamming”;

– Violates any law for the time being in force;

– Deceives or misleads addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

– Impersonate another person;

– Contains software viruses or any other computer code, file or programs designed to interrupt, destroy or limit the functionality of any computer resources;

– Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the communication of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

– Shall not be false, inaccurate or misleading;

  1. FURTHERISE further reserves the right at its sole discretion to block or remove (in whole or in part) any content posted or transmitted by you and which FURTHERISE believes is not in accordance with this agreement (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to FURTHERISE.
  2. You agree to promptly notify FURTHERISE in writing of any user content which breaches these User Terms. You agree to provide to FURTHERISE sufficient information to enable FURTHERISE to investigate whether such User Content breaches the terms of this agreement. FURTHERISE agrees to make good faith efforts to investigate such complaint and shall take such notice as FURTHERISE in its sole discretion decides. However, FURTHERISE does not warrant or represent that it will block or remove (in whole or in part) such user Content.

V. CONSEQUENCES OF BREACH OF TERMS

  1. Without limiting other remedies, FURTHERISE may limit your activity, immediately remove your information or end your registration, warn other Users of your actions, temporarily/ indefinitely suspend or terminate or block your membership, and/ or refuse to provide you with access to the Website in the event, but not limited to following activities:

– If you breach the terms and conditions agreement or Privacy Policy or the documents, agreements rules, policies, terms and conditions as incorporated herein by reference;

– If FURTHERISE is unable to verify or authenticate any information provided by you; or

– If it is believed that your actions may cause legal liability for other Users or FURTHERISE.

  1. User/s or visitor/s or client/s who has been suspended or blocked may not register or attempt to register with FURTHERISE or use the Website in any manner whatsoever until such time that such user/s or visitor/s or client/s is permitted to do so by FURTHERISE.
  2. Notwithstanding the forgoing, if you breach the terms and conditions agreement or any other documents it incorporates by reference, FURTHERISE reserves the right to forfeit the money paid by you to FURTHERISE and to take strict legal action including but not limited to a referral to the appropriate police or the other authorities for initiating criminal as well as civil or other proceedings against you.
  3. FURTHERISE reserves its right to initiate civil and/ or criminal proceedings against a user/s or visitor/s or client/s who, furnishes invalid/false claim or misleading information to FURTHERISE.
  4. Any person who, knowingly and with an intent to injure, defraud or deceive FURTHERISE, files Fraudulent information containing false, incomplete, or misleading information shall be guilty of a criminal offence and will be prosecuted to the fullest extent to the law.

VI. DEFICIENCY IN SERVICE

  1. FURTHERISE reserves the right to temporarily/ indefinitely suspend or terminate your registration and refuse to provide you with access to all current and future use of the Website at its sole discretion which shall not be termed as deficiency in service in any manner whatsoever as per law and the user/s or visitor/s or client/s hereby expressly waives its right to call in question in any manner, any such suspension/termination of services by the FURTHERISE.
  2. Also, FURTHERISE reserves its right to suspend the operation of the website for updation/repair/technical fault or any other reason as the case may be for which it shall not be liable in any manner including for deficiency of service under the applicable laws.

VII. INDEMNIFICATION

You will release, indemnify, defend and hold harmless FURTHERISE, and any of its owners, founders, partners, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Service or your use of the Services (including Free Services); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to FURTHERISE. When FURTHERISE is threatened with suit or sued by a third party, FURTHERISE may seek written assurances from you concerning your promise to indemnify FURTHERISE; your failure to provide such assurances may be considered by FURTHERISE to be a material breach of this Agreement. FURTHERISE will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Services, with counsel of FURTHERISE choice at its expense. FURTHERISE will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend FURTHERISE against any claim, but you must receive FURTHERISE prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Services.

VIII. LIABILITY

  1. The information, recommendations and/ or services provided to you on or through the Website, the Service and the Website is for general information purposes only as bonafide guidance to the user or client and does not constitute any commitment of performance of user or client in any manner.
  2. FURTHERISE will reasonably keep the site and its contents correct and up to date but does not guarantee that (the contents of) the Website are free of errors, defects, malware and the viruses of that the Website are correct, up to date and accurate.
  3. FURTHERISE endeavors to render the utmost quality of the services rendered, however shall not be liable in any manner for any interruption in service for any reasons whatsoever.

IX. LIMITATION OF LIABILITY

  1. In no event shall FURTHERISE be liable for the amount more than that received by the FURTHERISE from complainant user/s or client/s for any direct, indirect, incidental, special, consequential or exemplary damages including but not limited to damages for non-admission/performance/loss of goodwill, use, data or other intangible losses arising out of or in connection with the website, its services or this agreement (however arising, including negligence).
  2. FURTHERISE assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

– The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website;

– Any interruption or errors in the operation of the Website.

X. FEES

  1. FURTHERISE shall charge the fee for the services provided as per the structure provided on the website. By using the services which are subject to payment, as mentioned therein, you accept to pay for the same before using the services.
  2. You further undertake that you have read the Terms & Conditions of the Payment that are prompted when you move towards payment of the paid services and have accepted the same before making the payment.
  3. You further undertake not to raise any dispute qua the fee charged for the services in any manner whatsoever as you have agreed to the same out of free will and without any undue influence.
  4. FURTHERISE uses third party payments providers to receive payments from user/clients. FURTHERISE is not responsible for delays or erroneous transactions execution or cancellation of orders due to payment issues. FURTHERISE takes utmost care to work with third party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
  5. It is the responsibility of the user/s or client/s as well to use the updated operating system, software, applications, antivirus, firewall, secure online payment etc in order to follow security measures and practises over internet.
  6. The fees and mode of fees to be charged by FURTHERISE from user/clients shall be decided solely by FURTHERISE and the user/clients shall have no right/say to interfere in the same.

XI. TAXES

You agree to bear all applicable taxes, gst, charges cess etc. levied on the services being rendered to you as notified by the Central/State Govt. time to time, unless already included in the price offered.

XII. REFUND POLICY

The FURTHERISE renders their services including but not limited to counselling, assessment tests, life skills development, professional skills training etc, which act as a bonafide guide to the user/client and the services are rendered as soon as availed, therefore there is no provision for refund of fee paid by the User/s or client/s. Lot of time, effort and research needs to be done as per the user/s or client/s background before conducting or during & after conducting the counselling or training session for meeting the user/s or client/s requirement. The user/s or client/s is therefore deemed to have understood and accepted that once the fee is paid to the FURTHERISE as per the services availed, there shall be no refund of the said Fee.

XIII. TERM AND TERMINATION OF THE CONTRACT

  1. There shall be no Contract between the FURTHERISE and the user/s or visitor/s or client/s until the services are availed by user/s or visitor/s client/s against consideration. The Access to the free portion of the website through free webinar or free counselling or free consultation session or any other free activity is only for welfare of the user / visitor / client and does not give rise to any Contract between the user/s or visitor/s or client/s and the FURTHERISE in any manner.
  2. The Contract against consideration for the services shall be strictly in terms of the services availed and shall end as soon as the services are rendered.
  3. FURTHERISE is entitled to terminate the contract at all times and with immediate effect (by disabling your use of the Website and the Service) if you;

– Violate or breach any term of this terms and conditions agreement, or

– In the opinion of FURTHERISE, misuse the Website or Service, or

– At the sole discretion of the FURTHERISE for which FURTHERISE is under no obligation to assign any reason.

  1. FURTHERISE is not obliged to give prior notice of the termination of contract.

XIV. PRIVACY

FURTHERISE believes strongly in protecting users or visitors or client’s privacy. Please refer to FURTHERISE privacy policy, incorporated by reference herein, that is posted on the Website.

XV. AGREEMENT TO BE BOUND

By using this Website or Services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.

XVI. RELATIONSHIP OF THE PARTIES

This Agreement is on Principal to Principal basis. The relationship of the clients under this Agreement is and at all times shall remain that of independent entities/contractors and accordingly this deed of Agreement shall not create any employer, employee relationship between the Parties. Nothing in this Agreement or the attached Annexure/Exhibits shall be construed to create nor shall it be deemed to create any partnership, joint venture, franchise, employment or agency relationship between the you and FURTHERISE or their representative or employees, consultants, agents, servants etc. and accordingly, neither party shall represent itself as having, nor does either party have, the right, power, or authority to bind or otherwise create any obligation or duty, express or implied, on behalf of the other party in any manner whatsoever.

XVII. JURISDICTION

Any dispute or disagreement shall first be attempted to be resolved amicably by the officials of FURTHERISE duly authorised in this behalf. If the dispute is not resolved amicably, then it shall be referred to and resolved by arbitration. Arbitration for resolutions of such disputes shall be in accordance with the provisions of the Arbitration & Conciliation Act, 1996 as amended from time to time. The venue of such arbitration shall be at Navi Mumbai. If matter is not resolved by the arbitration then the dispute shall be referred to and decided by the court of competent jurisdiction at Navi Mumbai.

XVIII. ACCEPTANCE / REJECTION OF THE CLIENT

Discretionary right of the FURTHERISE. FURTHERISE reserves the right to reject any client without assigning any reason whatsoever in any manner.

XIX. TERMINATION

FURTHERISE reserves the right to terminate the service as per this agreement.

XX. GENERAL

Force Majeure: FURTHERISE will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott. Cessation of Operation. FURTHERISE may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and Services.

Entire Agreement: This Agreement comprises the entire agreement between you and FURTHERISE and supersedes any prior agreements pertaining to the subject matter contained herein. Effect of Waiver. The failure of FURTHERISE to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. Governing Law; Jurisdiction. This Website originates from Navi Mumbai, Maharashtra. This Agreement will be governed by the laws of the State of Maharashtra without regard to its conflict of law principles to the contrary. Neither you nor FURTHERISE will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Maharashtra. By using this Website or Services, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Statute of Limitation: You 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 Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights. By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.

Termination. FURTHERISE reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and FURTHERISE may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Services. If your access to the Website is terminated, FURTHERISE reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until FURTHERISE chooses, in its sole discretion and without advance to you, to terminate it.

Domestic Use. FURTHERISE makes no representation that the Website or Services are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws. Assignment. You may not assign your rights and obligations under this Agreement to anyone. FURTHERISE may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

BY USING THIS WEBSITE OR SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.