Terms of Use

Welcome to ICS!

These terms and conditions outline the rules and regulations for the use of the ICS Education Limited “Website”, located at https://www.icscareersonline.com / https://www.icscareergps.com  and the ICS Career GPS Mobile App (“Application”/ “App”) [LINK FOR Google Play Store- https://bit.ly/3h9x2K7 and LINK FOR Apple App Store- https://apple.co/3fGW2rP ].

YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY CLICKING THE “ACCEPT” BUTTON ASSOCIATED WITH THIS AGREEMENT OR BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE APPLICATIONS TO WHICH THIS AGREEMENT RELATES. IF YOU DO NOT AGREE TO BE BOUND BY THE PROVISIONS OF THIS AGREEMENT, YOU MAY NOT INSTALL, COPY, OR USE, AND YOU MUST IMMEDIATELY DELETE ALL COPIES OF, THE APPLICATION FROM YOUR DEVICE.

The following terminology applies to these Terms and Conditions and the Privacy Policy available on our Website and Application: "Client", "You" and "Your" refers to you, the person who is logging on to this website and is required to comply with the instant Terms and Conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company, ICS Education Limited a Public Limited Company incorporated under the Companies Act 1956 of India.

The parties, i.e. the Client and ourselves shall be jointly referred to as “Parties” and individually referred to as "Party". 

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of assisting the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services, in accordance with and subject to, prevailing law of India. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

A. EFFECTIVE DATE FOR THE TERMS AND CONDITIONS

This Agreement shall begin on and be effective from the date of the first visit to the Website / and/ or downloading and accessing the App by the Client.

B. DESCRIPTION OF APPLICATION.  The Company offers for download, both for payment and free of charge, its App which enables you to utilize certain functionality and perform certain tasks offered by the said App.  

C. GRANT OF LICENSE. Provided that you have complied with and that you continue to comply with, all of the provisions of this Agreement and the laws of your country for the usage of Internet-enabled services, the Company hereby grants to you a limited and non-exclusive right to install, run, access and use the Application in object code form only for the purposes as may be instructed or described by the App in writing.

D. RESERVATION OF RIGHTS AND OWNERSHIP; THIRD PARTY CONTENT

The Company reserves all rights related to the App which are not expressly granted to you in this Agreement. The Application is protected by copyright and other intellectual property laws and treaties as applicable in India and other jurisdictions. As between the Company and you, the Company owns all title in and to the Application, including without limitation that contained on the Website, the application available in the public domain by the name of ICS Career GPS, the software used to operate it, the trade name of the owner company, the trademarks, logos, the trade secrets regarding the processes devised and employed on the  Website / and the application, and all other intellectual property rights in the Application.  You agree not to remove, conceal or otherwise modify any copyright, trademark, trade name, trade secret or other proprietary notice or source identifier contained in or associated with the Application. We cannot and do not guarantee access to information or other content belonging to any third party which is accessible by you through the Application, the website from which the App is being downloaded, or otherwise.

E. COOKIES

1. As per the widely accepted and employed standard market practices, we employ the use of cookies. By accessing the Website and/ or the application, you agree to use cookies in agreement with the Company’s Privacy Policy available on our Website and Application.
2. Cookies are used by our website and the application to enable the functionality of certain areas to make it easier for people visiting our website and the application. Some of our affiliate/advertising partners may also use cookies.

F. USAGE RESTRICTIONS. 

You agree that you shall not and that you shall not permit any other person, directly or indirectly, to: 

1. sell, resell, transfer, assign, distribute, copy, publish, transmit, distribute, create derivative works of or otherwise disseminate, exploit or make available any portion or all of the Application, 
2. reverse engineer, decompile, modify, translate or disassemble any portion or all of the Application including without limitation any of its underlying ideas, algorithms or structure, or use any portion of or all of the Application to create new applications, programs, products or services, 
3. remove or otherwise modify any trademarks, service names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, and trade dress appearing through the Application (including without limitation the trademark “ICS Career GPS” or “ICS” or “Career GPS”) or any other Trademark (as hereinafter defined) which indicates that a source of goods or services are the property of their respective owners, or 
4. display the name, logo, trademark or other identifiers of any individual or entity in such a manner as to give the viewer the impression that such other individual or entity is a publisher or distributor of the Application.

G. NO OTHER USE. 

The Application is intended solely for your personal use as described in this Agreement or otherwise as may be instructed or described by the Company in writing.  You may not sell, lease, or charge fees for access to or any use of, the Application.

H. TERMINATION.  

If you fail to comply with any of the provisions of this Agreement, you may no longer use the Application and you shall permanently delete all copies of the Application from your device or which otherwise are then in your possession.

I. DISCLAIMER OF WARRANTIES. 

Your use of the Application is at your own risk. The Application is provided “as is”, “as available” and with all faults, and the Company hereby disclaims all warranties, representations and conditions, whether express, implied or statutory, including, but not limited to any implied warranties, duties or conditions of merchantability, non-infringement, fitness for a particular purpose, reliability or availability, accuracy or completeness, quality, safety, suitability, workmanlike effort, lack of viruses, lack of negligence, or that the application will perform in any particular fashion or produce any particular result, or otherwise arising out of or related to the use of the application by you or any other person.

The Service, along with any and all information, provided by the Company through its website and/ or the Application is only intended for counselling and the purposes of dissemination of information. The Company does not endorse the authenticity and veracity of the claims made by any third party services that were advertised on, or provided to you over, the website and/ or the Application. The Company is also not responsible for the accuracy of the response generated by the App on the basis of the data and inputs provided by you. The Company does not provide any guarantee with respect to the appropriate nature of the responses and/ or information relating to the career choice so generated and made available to you over the Website/ and or by use of the Application.  

The Company also is not responsible for the provision of any support or any other services, or the failure to provide support or any other services, in connection with or related to the application.   there are inherent risks in the downloading and using of any software, and the Company cautions you to make sure that you completely understand the potential risks before downloading, installing or otherwise using the application. Neither the Company nor any parent, subsidiary or affiliated entity of the Company, nor any of their principals, shareholders, directors, officers, members, managers, licensors, suppliers, employees, contractors, agents or representatives shall be liable for any damages that you or any third party may suffer in connection with or related to your downloading, installing, uninstalling, modifying or otherwise using the application.

J.  LIMITATION OF LIABILITY. 

To the maximum extent permitted by applicable law, in no event shall the Company be liable for any special, incidental, indirect, consequential or punitive damages whatsoever, (including without limitation for lost profits, business or goodwill, or for any anticipated lost profits, business or goodwill, for loss of confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including that of good faith or of reasonable care, for negligence, and for any other monetary or other loss whatsoever) arising out of or related to your use of the Application (or your inability to use the application) or otherwise in connection with the instant Terms of Use.  The foregoing shall apply whether such liability arises from any claim based upon contract, warranty, tort (including without limitation negligence), product liability, strict liability, fault, breach of warranty, breach of contract or otherwise, even if the Company has been advised of the possibility of such damages. This limitation of liability provision is intended to apply without regard to whether other provisions of this Agreement have proven ineffective.

K. INDEMNITY.  

You shall indemnify, defend and hold the Company harmless from and against any and all threatened or actual claims, actions, suits and demands and any and all resulting losses, liabilities, damages, expenses and costs, including without limitation reasonable attorneys’ fees and disbursements, which arise in connection with or which are related to:

1. your breach of this Agreement, including without limitation your use of the Application in any manner not expressly permitted hereunder, or 
2. your negligence or misconduct, or (c) your violation of any applicable laws or any other rules and regulations thereunder.

L.  PRIVACY.  

Please read Privacy Policy available on our Website and Application.

M. PAYMENT & REFUND POLICY 

Please read the Payment & Refund Policy available on our Website and Application.

N. JURISDICTION AS PER INDIAN LAWS

1. These Terms of Use shall be governed by and construed in accordance with Indian laws. All disputes are subject to the jurisdiction of the courts of Lucknow, India. The Service can be accessed from any place around the world. However, by accessing the Service you agree that the laws of India, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of this Service. Users of this Service accessing it from places outside of India acknowledge that they do so voluntarily and are responsible for complying with local laws. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, at its sole discretion
2. This Privacy Policy constitutes the entire agreement between the parties with respect to the subject matter hereof and this supersedes and replaces all previous or coexisting understandings/agreements, written/oral, with respect to the subject matter. If any of these conditions are determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these conditions and the remaining provisions shall continue in full force and effect.
3. Any dispute or claim which is not amicably settled between the Parties within thirty (30) days of written notice of such dispute or claim having been furnished by the complaining Party to the other Party, shall be resolved by a panel of 3 arbitrators. Each party shall appoint one arbitrator and the two appointed arbitrators shall mutually appoint the third arbitrator. The arbitration shall be subject to and in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The venue of arbitration shall be Lucknow, India unless an alternate location is acceptable to both Parties. The arbitration proceedings shall be conducted in the English Language and a record of the proceedings shall be maintained in English. 

Neither the existence of any dispute nor the fact that any arbitration is pending hereunder shall relieve any of the Parties of their respective obligations under this Agreement.

O. MISCELLANEOUS. 

This Agreement and any written instructions related to the App which is provided by the Company constitute the entire agreement between you and the Company relating to the Application, and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Application or any other subject matter covered by this Agreement. To the extent the terms of any of the Company’s policies or programs conflict with the terms of this Agreement, the terms of this Agreement shall hold and supersede. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, such provision shall be modified by the arbitrator to most closely resemble the intent of the Company and all other provisions of this Agreement shall continue in full force and effect. The failure of the Company at any time to require performance by you of any provision of this Agreement shall in no way affect the Company’s right to enforce such provisions, nor shall the waiver by the Company of any breach of any provision of this Agreement be taken or held to be a waiver of any further breach of the same provision.