These Terms are binding upon you and you are required to read this page carefully before you use or access our Website. The minor Users shall use the Services provided by gradlane in the position and capacity of a beneficiary to this contract.
The User must meet the following criteria to be eligible to access and avail services of our Website:
the User has right, authority, and capacity to enter into these Terms;
where such User is a minor (for all necessary purposes the term “User” shall mean and include the parents or legal guardians of such minor), the parent/ legal guardian of such minor has the right, authority, and capacity to enter into these Terms and undertakes (i) to be bound by these Terms, and (ii) to ensure that the minor(s) adhere to these Terms and other rules of usage of the Website;
these Terms are binding and enforceable against the User;
to the extent that the User is an individual accepting these Terms on behalf of an entity (including any Institutions or Recruiters etc.), such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity;
the User is not black listed by the Website on account of his previous acts, omissions or conduct;
the User (where applicable) shall not be of unsound mind or declared insolvent;
the User shall not be a disqualified person under any applicable law;
all information supplied by the User is truthful and accurate; and
the User understands and accepts that the accuracy and completeness of the information they provide determines the value and usefulness of the Services;
User is neither a competitor of the Company nor using the Services for reasons that are in competition with the Company.
We hereby grant the User a non-exclusive, revocable, non-transferrable and limited license to access and use the Services, [on his/her personal device]2, as made available through the Website. The Company may, from time to time, update or modify the Website, or update improved versions of the Website which are included within the license granted above. The User shall not be permitted to sublicense or transfer any of his/her/its rights hereunder including without limitation, access to the Website through the respective login credentials authenticated for a particular User.
The User shall not be permitted to sublicense or transfer any of his/her/its rights hereunder including without limitation, access to the Website through their login credentials
The Website reserves the right to monitor, filter, block and remove in its sole discretion with or without prior notice any Content uploaded or published on the Website and has the right, in its sole discretion, to reject or refuse to post or remove or delete any Content. The User agrees and undertakes that the information uploaded or posted by the User is not false, incomplete, distorted, manipulated, fraudulent, misleading or infringing the rights of others. You are not allowed to access or avail the Services provided by the Website for harassing, abusing, defaming, threatening, coercing, disturbing any other Users or members. You are prohibited from using the Website for any unlawful or illegal activities. Your Content shared on the Website shall not be defamatory, libellous, misleading, inaccurate, sub judice, offensive, disturbing, obscene, communal, or in violation of any applicable laws, rules, bye- laws, notifications or regulations.
The User shall also not upload, post, distribute, write, email, share or communicate through the Website any Content which is inflammatory, provoking, inciting or intended to be prejudicial to any religion, caste, sex, creed, nationality, region, nation, person, courts, government institutions or otherwise. It is the responsibility of the User not to upload any information that has potential to violate the privacy of other individuals or entities. The User or member contributing to or sharing on the Website any information of the aforesaid kind shall be solely responsible for such information and the Website reserves its right to terminate his or her membership if these Terms are not adhered.
The Users shall not use or access or avail the Services provided through the Website in any manner that prejudicially affects the interests and goodwill of the Website.
Users undertake and agree that the Services offered by the Website shall not be utilized to upload, post, email, transmit or otherwise in any manner make available directly or indirectly any unsolicited bulk emails or unsolicited commercial emails.
No User shall make any unsolicited communications including through emails, telephone, telefax, telegram, messages, mobiles, or other devices and medium now known or developed in future directly or indirectly through the Website or by availing information or contents available through the Website. The Website shall not be responsible for any such unsolicited communications and the User shall be absolutely liable for making such unsolicited communications.
The Users should not create or upload viruses, worms, bugs or any other such material which may harm, disrupt and adversely affect the operation and functioning of the Website. The Company shall have the right to initiate civil and criminal proceedings against any User who is found guilty of creating or uploading viruses, worms, bugs or other material intending to harm, disrupt or adversely affect the functioning and operation of the Website. Any User whether a member or visitor to the Website hereby specifically agrees that he or she shall, at all times, comply with the requirements of all applicable laws including but not limited to the (Indian) Information Technology Act, 2000, the rules, regulations, guidelines, bye laws and notifications made there under, while using or availing the services of the Website. Users shall alone be responsible for any violation of the applicable law in any manner whatsoever.
Users shall keep their passwords secure and confidential and shall not permit others to use their accounts. Users shall also refrain from using accounts of others. No User shall transfer his or her account to any other person in any manner and any breach of the aforesaid terms by any User shall result in the termination of such User's account. All activities that occur using your password are your responsibility, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your password or registered account. If you use this Website, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer, and you agree to accept responsibility that occur under your account. The User shall also not: -
decompile, reverse engineer or disassemble the Website except as may be permitted by applicable law;
attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mail bombing", "hacking" or "crashing" etc.
create User accounts under fraudulent pretences;
submit any Content or material that falsely express or imply that such content or material is sponsored or endorsed by the Website;
take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Website;
copy or distribute any part of Website in any medium; and
circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of Website, the proper operation of Website, the features that prevent or restrict use or copying of any content or enforce limitations on use of Website therein, or interfere with any activity being conducted on Website.
User understands and agrees that in case it is found that the User violates any of these Terms, especially Clause 3, then it has the right to take actions to prevent/control such violation, including without limitation, terminating the membership of such Users and/or blocking their use of the Services as the case may be.
User acknowledges that in no event shall the Website be liable for any damages whatsoever whether direct, indirect, general, special, compensatory, consequential, punitive or incidental, arising out of or relating to the conduct of the User or anyone else in connection with the use of the Services. The User also acknowledges that in any such event the Website shall also have the right to hold such defaulting party liable and initiate proceedings against such party in the courts and other appropriate forums.
By posting or providing any Content on or to the Website, the Users providing or posting such Content specifically and exclusively grants the Website an absolute, irrevocable, transferable, sub-licensable, assignable, perpetual, worldwide and royalty free license to use, copy, prepare derivate works, improve, distribute, retain, add, process, analyze, modify, alter, amend, renew, revise, edit, delete, adapt, translate or deal with such Content in any manner now known or in future discovered as the Website deems fit.
By providing or sharing any Content or information with us, you represent and warrant that you are legally competent and entitled to provide or share such Content or information and that such Content or information is accurate, correct, not confidential and not in violation of any contractual restrictions or other third party rights.
The Website reserves the rights to monitor, filter, block and remove the Content at any time with or without prior notice and has the right, in its sole discretion, to reject or refuse to post or remove or delete any Content.
It is the sole responsibility of the User who posts or uploads or provides any Content on the Website to ensure that his or her Content does not violate the intellectual property rights or privacy of any third parties and on the occurrence of any such event the User who posts or provides or uploads such Content shall be liable and the Website and its stakeholders reserve their right to be indemnified by the User for such Content.
The Users agree and acknowledge that their suggestions and feedbacks could be used by the Website at its sole discretion without obligation to such User.
As a part of the services provided through the Website different types of Content will be available to the User that contains advertisements or any other information of other Users of the Website. No User shall have the right to modify, alter, edit, adapt, use, utilize such Contents or rent, lease, pledge, sell, mortgage, assign, alienate, distribute, or transfer in any manner such Contents unless the User has entered into a specific and distinct agreement with the Website.
Information and content that you share or post may be seen by other Users, members / visitors of the Website. [Where we have made settings available, we will honor the choices you make about who can see content or information]3.
The User gives us the following specific permissions and content in relation to the Content posted / uploaded, that is covered by intellectual property rights, like photos and videos: the Users grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any such Content posted on the Website. Such license ends when the Content is deleted or the account is deleted, unless such Content has been shared with others, and they have not deleted it. When a User deletes such Content, it is deleted in a manner similar to emptying the recycle bin on a computer. The User understands that removed Content may persist in backup copies for a reasonable period of time and will be accessible by the Company (but will not be available to others).
[The Services through the Website are hosted on multiple servers in different countries and are not exclusively provided to any particular individual, person, corporation, company, entity, or institution.]5 The Services through the Website are generally provided to every member of the public irrespective of their caste, sex, creed, religion, domicile or otherwise.
The Website shall include various modules for provision of Services to the Users.
The Students registered on the Website may create their profiles based on a pre-defined templates / format created by gradlane and provided on the Website. The Students will have the options to share their profiles and other Content with potential Recruiters or other third parties such as skill developers etc. The Company shall, based on the Student’s profile and his/her activities on the Website, assist / direct the Student towards suitable coaching institutes, skill providers etc. by providing the links to such third party websites etc. on the Student’s profiles.
The Institutions shall, upon registration in the Website, have the option to upload data relating to the Institute, courses being provided, the students etc., in any suitable format. Such data will be analysed by the algorithm embedded onto the Website and may be used for comparing and benchmarking against a set of colleges / institutions providing the same courses or operating in the same academic areas. Such analysis etc. shall be available on the Website to all the Users, publicly. The amount of consideration payable by the Institutions for such Services, and the modes of payments shall be agreed upon separately by the parties.
[Educational analytics – These Services will be available publicly to all the visitors of the Website and will not be restricted to the registered Users.]6
Accreditation module – The Website, based on the information submitted to it by Institutions, creates performance reports of such Institutions, as per the prescribed formats. The Website automatically generates reports required to be submitted for the purpose of accreditation to autonomous bodies such as like National Assessment and Accreditation Council (NAAC), National Board of Accreditation (NBA), National Institute of Ranking Framework (NIRF). The consideration payable by the Institutions for such Services shall be agreed upon separately with the Company.
[Recruitment module – This module will be available only to such Institutions which specifically opt for the same. The Recruiters registered on the Website will be provided profiles of the Students of the on-boarding Institutions. The Recruiters may at their discretion short-list or select a candidate based on its process. The Company shall in no manner be involved in the process or selection of a Student by any Recruiter partners.]7 The Recruiters successfully hiring any candidate selected through the Services provided on the Website shall be required to pay such consideration as may be agreed separately.
Users shall be solely responsible for their interactions with other Users.
By registering with our Website, you agree that our Website may at any time communicate with you through your Website account or otherwise about your Website account and to inform you about our services and features. You represent, agree and consent that such communication shall not be treated as an unsolicited communication.
You are required to update your settings regularly to ensure that our services messages and notices are received by you timely and accurately and the Website shall not be responsible for any non-receipt of any notifications, service messages or services due to your own default.
INTELLECTUAL PROPERTY RIGHTS:
The Website respects the intellectual property rights of its Users and the Users shall respect the intellectual property rights of the Website. By posting or providing any Content on the Website the User grants the Website an express authority to use such Content as provided under the head 'Content' aforesaid.
Users acknowledge and agree that the Company owns all legal rights, titles and interests in and to the Website, including any intellectual property rights which subsist in the Website and Services, whether those rights happen to be registered or not, and wherever in the world those rights may exist.
The Company does not make any claims or representations regarding the accuracy, currency or completeness of the data and information available on the Website. All information, data, text, images, videos, web layout, source code and object code of the software used, the modules created for or in relation to the Website including the look and feel of the Website (“gradlane Content”) is the exclusive intellectual property of the Company.
The trademarks, service marks, domain names, brand names and logos of the Website including those used and displayed in the Website are the registered or unregistered property of the Website and the Website has every proprietary right over such trademarks, service marks, domain names, brand names and logos. No User shall use, copy, modify, alter, change, amend, transmit, broadcast, edit, revise, review, adapt, translate, distribute, perform, display, sell or otherwise deal with the aforesaid property of the Website and on happening of any such event the Website reserves the right to terminate the profile of such User in addition to the right to claim compensation from them.
The Users are strictly prohibited from using in any manner now known or developed in future, the Website's intellectual property rights including but not limited to name, logo, trademark, domain name, trade name, brand name, terminologies and concepts including circuits, sub circuits, social directory, dash board, sub sites, design, lay out, colour, scheme, pictures, images, photographs, texts, contents, files, software or otherwise without the prior permission and consent of the Website.
The Users also agree that they shall not use or apply for registration of any trademarks, service marks, domain names, brand names and logos which are similar to the trademarks, service marks, domain names, brand names and logos owned by the Website.
Users agrees that he/she shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Website. The Website or any portion of the Website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of the Company and /or its affiliates.
The Company acknowledges and agrees that unless otherwise specified in any other document pertaining to specific content, that it obtains no right, title or interest from any User under these Terms in or to any content that the Users submit, post, transmit or display on, or through the Website, including any intellectual property rights which subsist in that content, whether those rights happen to be registered or not, and wherever in the world those rights may exist. Unless Company agrees to otherwise in writing, the Users agree that he / she is responsible for protecting and enforcing those rights and that Company has no obligation to do so.
[Company acknowledges that it employs industry standard security protocol to ensure that the Content or other information which Users store in, transmit or transfer through the Website protected. The Website is hosted on a secure server. Access to data is protected by password by the database server, which only accepts connections from the web server, and all the information transmitted from the User’s account to the web server are secured by industry standard transport layer security, specifically server-side SSL.]8
Every User has the right to open only one account with the Website. The Users will select a username and password when completing the registration process. The User will be solely responsible for maintaining the confidentiality of the username and password, and for all activities that occur under his/her username and password and the Website assumes no responsibility for the breach of the same. In the event of termination of an account of any member on any grounds no User shall create a new profile without prior consent of the Website.
The Users agree to: (a) notify the Company immediately of any unauthorized use of his/her username and password or any other breach of security; and (b) ensure that the User has logged off from his/her account at the end of each session.
The information provided by the User at the time of creation of account shall be correct, complete and valid and the Website at all times reserves the right to refuse the membership or terminate the account if according to the Website the information or details provided by any User are not complete or true or incorrect or fabricated or otherwise.
The Users shall keep his or her profile up to date and login to the Website regularly. The Website shall not be responsible if any User fails to receive any Services or opportunity due to not logging in or non updation of his / her profile of the Website.
The User account created on the Website is non-transferable and non-saleable and the Website reserves its right to reassign or rename the Users profile URL.
The User acknowledges that the information and data submitted at the time of registration will be stored or available on the servers hosted by the Company even after termination of his/ her account on our Website and the User can log in with the same credentials directly on the portal provided by the Company at [www.gradlane.com], if need be.
The Company will not be liable for any loss or damage arising from your failure to comply with this clause.
The Website may use the information we gather to inform you of other products or services available from us or our affiliates including but not limited to companies, corporate, entities, institutions, agencies etc. or to receive your opinion on current products and services or potential new products and services that may be offered.
Website shall not be liable or responsible for any kind of direct, indirect, solicited or unsolicited communication made by any Recruiters including but not limited to HR consultants, corporate recruiters, recruiting agencies, potential employers or others based on your identifiable information available in the Website provided by you, based on your privacy settings.
THIRD PARTY CONDITIONS:
The Website may allow other individuals corporate, entities, companies, or institutions to display their advertisements on the Website. These individuals, corporate, entities, companies, or institutions may set their own cookies on the Users in the internet browser hence the functionality of their cookie and the activities of the aforesaid third party entities are not controlled by the Website. Any User who does not wish to have such cookies should change his or her settings.
You expressly agree that the use of the Website is at your sole risk. The Website and all information and Content provided in the Website which are uploaded or provide or shared with the Website by other Users are made available to you through our Website on an "AS IS" basis and "AS AVAILABLE BASIS" without any warranties of any kind.
The Website provides the platform for interaction and exchange of ideas and the Website does not endorse the views expressed in the Content published by any User. In no event the Website shall be liable for any information, Content, materials, products (including software) available through the Website.
The Website does not assure or assume any liability for the correctness, genuineness, validity, authority, authenticity or otherwise of Content posted or uploaded by Users and the Users posting or uploading or providing such Content shall be absolutely and solely responsible for their Content.
Though the Website will take reasonable steps to provide protection of all data submitted by the Users, we do not guarantee total data security including information related to personal data, credit card, debit card and other payment information. The Website shall not be liable for any data loss or damage if such loss or damage is occurred due to technical errors, virus attacks or due to such other defects.
Please also note that the information or Content shared on the Website may be seen and used by other Users and third party consultants and the Website cannot guarantee that other Users will not use your ideas or Content. If you would like to keep any information or Content confidential or do not want others to use it, or where such information or Content is subject to third party rights you are strictly warned not to upload, share display or provide such information or Content on the Website and the Website is not responsible for any other User's use, misuse or misappropriation of any Content or information you post or upload on the Website.
Even though the Website will try to ensure that the site is bug free and User friendly, we do not provide any kind of assurance or guarantee or warranty about the safety of the Website. The Website including its stakeholders shall not be liable in any manner with respect to the loss or damage incurred or suffered by the Users on account of virus attacks or bugs or other software or programmes that may be present or embedded in the Website.
The Website is not responsible and makes no representations or warranties for the delivery of any messages sent through the Website to anyone. The Website neither warrants nor represents that your use of the service will not infringe the rights of the third parties. Any material, service or technology described or used on the website may be subject to the intellectual property rights owed by third parties who have licensed such material, service, or technology to us.
The Website has no obligation to verify the identity of the persons subscribing to its services nor does it have any obligation to monitor the use of its services by other Users of the community, circuit etc. and therefore the Website any other misuse of your identity or information.
The Website does not guarantee that the services it provides will function without interruption or errors in functioning. In particular the operation of the services of Website may be interrupted due to maintenance, updates, or system failures, virus attacks, bugs or due to any other technical reasons or otherwise. The Website disclaims all liability for damages caused by any such interruption or errors in functioning. The Website and its stakeholders also disclaim all liability for any malfunctioning impossibility of access or poor use conditions of the Website due to inappropriate equipment, disturbances related to internet services, down time, etc.
LIMITATION OF LIABILITY:
In no event the Website and its stakeholders shall be liable for any damages whatsoever including without limitation direct, punitive, incidental and consequential damages, lost profits, or damages resulting from the use or inability to use the Website information, Content, materials, or action.
Without prejudice, it is agreed by the User that neither the Website nor its stakeholders shall be cumulatively liable for any damages or claims in excess of Five Thousand Rupees (INR 5,000/-) or the last payment made by the User, whichever is lesser.
In certain jurisdictions, 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 user. In such cases, the Website's liability will be limited to the fullest extent permitted by applicable law.
Website is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, failure of communication on account of technical problems, or traffic congestion on the internet or at any website or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the web or in connection with the service.
Although the Company provides rules for User conduct, the Company does not control or direct Users’ actions on the Website and is not responsible for the content or information Users transmit or share on or use in the Website. The Company is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information User may encounter on the Website. The Company is not responsible for the conduct, whether online or offline, of any User.
When the User deletes any kind of information he or she must understand that the removed Content may persist in backup copies. The User may not access (or attempt to access) any of the services by any means other than through the interface that is provided by the Website, unless you have been specifically allowed to do so in a separate agreement with the Website. The User undertakes not to access (or attempt to access) any of the services or the Website through any automated means (including, but not limited to, use of scripts, web crawlers, spiders, scrapers, harvesting bots or robots) or any other means. The User information or any other type of other information in the Website should not be collected by the User through any electronic or other means. The Website might keep cookies User to enhance his or her experience on the website.
The User should not do anything that disables, overburdens, or impair the proper functioning of the Website. You specifically agree that you will not engage in any activity that interferes with or disrupts the services or the servers and networks which are connected to the services provided through the Website.
The User undertakes not to attempt to circumvent or modify any security technology or software that is part of the Website services. The User also agrees not to engage or assist any other person, to circumvent or modify any security technology or software that is part of the Website. The User should also not obscure or obstruct any Website features including but not limited to security functionalities like HTML/CSS/scripts or any other means.
The User undertakes not to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Website or any part thereof without a specific written permission from the Website to do so.
Your personal information would be removed from the Website on the closure of your account with the Website. However your data would reside in our database for a certain period of time. The Website will not be liable for any usage of Content or other information of a User after the closure of his or her account.
These Terms shall remain in full force and effect unless and until your account is terminated as provided herein. Any licenses contained in these Terms will terminate automatically without notice if User fails to comply with any provision of this Agreement.
The Company will not be liable for any costs, expenses, or damages as a result of the termination of this Agreement.
Notices: If there are any questions regarding these Terms of this Website and the Services, the User may contact us at firstname.lastname@example.org
Assignment: The User shall not assign its rights or obligations under this Agreement to a third party.
GOVERNING LAW AND JURISDICATION:
The terms and conditions of this agreement shall be governed by Indian Law and the courts in Hyderabad, India shall only have exclusive jurisdiction to resolve any dispute.