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Terms and Condition

General Terms

Learnwithfaiz vide this Site provides to users a Job platform seeking Jobs (“Jobseeker”) and to users seeking to looking for Candidate (“Employer “), and to any other entity . The Terms are effective upon acceptance and govern the relationship between you and us including the provision of any of the Services on our Site. In the event the Terms conflict with any other document / policy / content on our Site, the Terms mentioned herein will prevail over them, for the purposes of usage of the Site. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If you do not agree to be bound by the Terms and the Privacy Policy, you may not use our Site in any way and should exit immediately.

If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced//substituted by us with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

Restricted Activities

You acknowledge and agree that Learnwithfaiz services are provided for the purpose of facilitating Jobseeker assistance and provide best candidate for Employer and not for any illegal purposes. You agree not to use the Site for illegal purposes .You agree not to use the Site to: (a) violate or encourage the violation of any local, state, national, or international law; (b) stalk, harass, or harm another individual; (c) collect or store personal data about other users of our Site; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) interfere with or disrupt the Site or services or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site. You agree not to use the Site or Mobile Application to send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by Learnwithfaiz in its sole discretion.

Without our written consent, you may not: (i) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose, any portion of the Site, use of the Site, or access to the Site; (ii) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (iii) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts, or other automated device) to access the Site or monitor or copy our Web pages or the content contained thereon; (iv) deep link to the Site for any purpose; or (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.

Eligibility and Conduct

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. If you are below age of 18, you can use the Site or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms. If you are the parent or legal guardian of a child under the age of 18, you may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child. If you do not qualify under these terms, do not use the Site or Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the Terms set forth herein. You agree: (a) to provide accurate, current, and complete information about you as may be prompted by a registration form on the website (“Registration Data”); (b) to maintain the security of your password and identification; (c) to maintain and promptly update the Registration Data and any information you provide to Learnwithfaiz , to keep it accurate, current and complete; and (e) to accept all risks of unauthorized access to information and Registration Data.

Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable.

You acknowledge and agree that by submitting the Submitted Content to us, you (i) grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform the Submitted Content throughout the world in any media, now known or hereafter created without attribution, (ii) grant us the right to pursue at law any person or entity that violates Your and/or our rights in Your Submitted Content, and (iii) forever waive any and all of Your rights, including but not limited to moral rights, if any, in and to Your Submitted Content, including, without limitation, any all rights or requirements of attribution or identification of You as the author of the Submitted Content or any derivative thereof. You further acknowledge and agree that Your Submitted Content is non-confidential and do not contain proprietary information.

Except as described in our Privacy Policy. We will not be required to treat any of Your Submitted Content as confidential, and you acknowledge and agree that we may use in connection with our business any of the concepts and ideas contained in Submitted Content without compensation to you and we will not incur any liability to You as a result of any similarities between concepts and ideas contained in Submitted Content and our future operations and business. Except as otherwise set forth in this Terms, we will be entitled to use the Submitted Content for any commercial or other purpose whatsoever without compensation to You or any other person.

Submitted Content, including personally identifiable information contained therein are made voluntarily and are subject to the Privacy Policy. You are responsible for Submitted Content and agree to defend us, indemnify and hold us harmless from any damages, losses, costs, or expenses, including reasonable attorneys’ fees, which we may incur as a result of Submitted Content.

By using the Site, you represent and warrant that you currently meet and will continue to meet the following eligibility conditions (“Eligibility Conditions”) for as long as you use the Site: (a) you have and will at all times comply with all laws and regulations; (b) you have the right, authority and capacity to enter into these Terms of Use and to abide by all of terms and conditions in these Terms of Use; (c) neither you, nor anyone in your home: (i) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others; (ii) has been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any sexual, child abuse or domestic violence offenses; and/or (iii) has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and (d) neither you, nor anyone in your home, is currently out on bail or on your own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including without limitation sexual, child abuse or domestic violence offenses.

By using the Site, you understand and agree that Learnwithfaiz may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that Learnwithfaiz may revise the Eligibility Conditions from time to time and require new conditions and certifications and that User will abide by such revised Eligibility Conditions or discontinue using the Site.

The preceding paragraph notwithstanding, you understand and agree Learnwithfaiz does not conduct background checks of any User. You also understand and agree Learnwithfaiz neither confirms nor denies the validity of information provided by Users and that Learnwithfaiz does not verify that any or all of the Eligibility Conditions are met by Users. You understand and agree to make your own decisions and assessments about persons to engage and that IT IS YOUR SOLE &EXCLUSIVE RESPONSIBILITY TO CONDUCT ANY AND ALL BACKGROUND AND REFERENCE CHECKS REGARDING OTHER USERS.

Learnwithfaiz expressly disclaims, and you expressly release Learnwithfaiz from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding a User’s Eligibility Conditions and/or (b) misstatements or misrepresentations made by any User.

Learnwithfaiz reserves all of its rights to remove anything objectionable to Learnwithfaiz in its sole discretion. Alleged improprieties by any User may be reported to Learnwithfaiz by email at [email protected]

Fees and Refunds

Learnwithfaiz may at its sole discretion revise or change the subscription and connect rates without any prior notification. Refunds will be made at the sole discretion of Learnwithfaiz.

Third Party Reports

Learnwithfaiz may utilize third party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications (“consumer reports”). Learnwithfaiz does not endorse or make any representations or warranties regarding the reliability of such consumer reports or the accuracy, timeliness or completeness of any information in the coHUMANnsumer reports.Learnwithfaiz does not independently verify information in the consumer reports. You hereby consent to Learnwithfaiz collecting, using and disclosing the information in the consumer reports. You understand and agree that Learnwithfaiz may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that Learnwithfaiz shall not be responsible or liable in any way in the event that any information in the consumer reports about any person, including without limitation any User, is not accurate, timely or complete. Users who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. Learnwithfaiz reserves the right to suspend and/or terminate User based on information in the consumer reports or for any other reason in Learnwithfaiz sole discretion.

Confidentiality of Learnwithfaiz Information

You may obtain direct access via the Site to certain confidential information of Learnwithfaiz and its affiliates, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence. All right, title and interest in the Confidential Information remains with Learnwithfaiz and its affiliates. The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from Learnwithfaiz , without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to Learnwithfaiz adequate to afford Learnwithfaiz the opportunity to object to the disclosure.

Advertisements and Promotions

Learnwithfaiz may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Learnwithfaiz found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Learnwithfaiz is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Learnwithfaiz advertisers on the Site.

Third Party Links

YOU ARE RESPONSIBILE TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.

Text Message & Push Notifications

We may from time to time send various text message and PUSH notifications for new JOBS AND JOB NOTIFICATION OR Eligible candidates messages, new message reminders, job opportunities and more (“Text Message Program”). Please note that standard data and messaging rates may apply for any text message notifications subject to the discretion of the website. Please contact your mobile phone carrier for details. Your mobile phone carrier’s standard data and messaging rates may apply for any messages sent to you from us and from us to you. If you have any questions about your text or data plan, please contact your mobile phone carrier.

Intellectual Property Rights

Except as expressly authorized by Learnwithfaiz or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Learnwithfaiz discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.

“Learnwithfaiz Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations Learnwithfaiz uses in connection with its products and services. You may not remove or alter any Learnwithfaiz Trademarks, or co-brand your own products or material with Learnwithfaiz Trademarks, without Learnwithfaiz prior written consent. You acknowledge Learnwithfaiz rights in Learnwithfaiz Trademarks and agree that any use of Learnwithfaiz Trademarks by you shall inure toLearnwithfaiz sole benefit. You agree not to incorporate any Learnwithfaiz Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.

Termination and Suspension

Learnwithfaiz reserves the right to suspend (deactivate) and/or terminate (delete) any user with or without notice at any time in its sole discretion, for any reason which deems fit by the website or for no reason in case of violation of policies or existing or changing law of land or in case actions or omissions which does not suits to the websites. You agree that, if you are suspended and/or terminated, you will make no further use of the Site after termination (deletion of profile) or during suspension (deactivation of profile). On Any unwarranted or illegal use of the website after suspension and termination we can take legal actions against the such users.

Assumption of Risk

You agree and understand that you assume all risks when using the Site, including without limitation any and all of the risks associated with any online or offline interactions with other Users. You agree to take all necessary precautions, including without limitation following the recommendations set forth in Learnwithfaiz

Indemnification

You agree to indemnify, defend, and hold harmless Learnwithfaiz and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable lawyer’s fees and court costs, incurred by Learnwithfaiz in any way related to your (a) acts and/or omissions on or off the site; (b) violation of any rights of another, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Site; (c) breach of these terms of use; (d) disputes with or between other Users; (e) use and/or misuse of the site, including without limitation any information, content and/or materials thereon; (f) violation of any applicable law or regulation; (g) inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration, profile or eligibility; (h) misstatements and/or misrepresentations; (i) use of links to third party websites, including without limitation such websites’ availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services; (j) User information and any acts or omissions with respect to such User information; (k) use of any information in third-party reports; (l) use of third party payment processing services; (m) use of phone support services; and/or (n) use of any services or products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the site. You further agree that you will cooperate as requested by Learnwithfaiz in the defense of such claims.Learnwithfaiz the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and you shall not, in any event, settle any claim or matter on behalf of Learnwithfaiz without the written consent of Learnwithfaiz.

Arbitration

Any controversy, claim, suit, injury or damage arising from or in any way related to the Site, or the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Indian Council of Arbitration then in effect and before a single arbitrator chosen by Learnwithfaiz . Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. The arbitration shall be conducted in Delhi, India and judgment of the arbitration award may be entered into any court having jurisdiction thereof. Learnwithfaiz may seek any interim or preliminary relief from a court of competent jurisdiction in Delhi, India, necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration. The arbitration would be subject to the law of India.

Injunction

You agree that any material breach of the Terms will result in irreparable harm to Learnwithfaiz for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Learnwithfaiz will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Learnwithfaiz seeks such an injunction.

Notices, Modification and Termination of services : Amendment of Terms

Learnwithfaiz may provide notice to Users via email, regular mail, or posting notices or links to notices on the Site. Learnwithfaiz reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. Learnwithfaiz may also delete, or bar access to or use of, all related information and files. Learnwithfaiz will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information. Learnwithfaiz may amend these Terms at any time by posting the amended terms on this Site.

Governing Law

This Agreement shall be governed by and construed in accordance with Indian laws, without regard to choice of law rules. Any controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. The arbitration shall be conducted in Delhi, India and judgment of the arbitration award may be entered into any court having jurisdiction thereof. Learnwithfaiz may seek any interim or preliminary relief from a court of competent jurisdiction inDelhi, India necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration.The disputes with Indian or foreign users would be subject to the law of India.

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