Terms and Conditions

The terms and conditions (“Terms and Conditions”) prescribed below, are between NEET COUNSELLING and the Users (or “You”) accessing our website and/or our apps. By registering in our portal or our app (hereinafter referred to as the NEET COUNSELLING Platform), you agree to be bound by the provisions of these Terms and Conditions.

Please read these Terms and Conditions, along with the Privacy Policy and all other rules and policies available in the portal or app as they shall govern your usage of our platform. By registering in our platform you agree to (1) these “Terms and Conditions”, and (2) our Privacy Policy and any other terms that are updated from time to time. If you do not agree to any of these terms, kindly do not register or use our platform.

ABOUT US

The domain name, Website and the Apps are owned, registered and operated Advaya Vidya Pravesh Margdarshak Private Limited, a private company incorporated under the (Indian) Companies Act, 2013, and having its registered office Vaswani Chambers, 1st Floor, 264-265, Dr Annie Besant Rd, Municipal Colony, Worli Shivaji Nagar, Worli, Mumbai, Maharashtra 400030 (hereinafter referred to as “NEET COUNSELLING” or “us” or “we” or “our” or “Company”).

OUR PLATFORM

These Terms and Conditions apply to all Users of the our Platform. The platform shall also include any other service or application that we introduce from time to time.
Our Platform is an online platform that supports and guides Under Graduate, Post Graduate and super speciality aspirants with Counselling information and guidance. The platform acts as an information aggregator and translator which collates Counselling information and expertise available in the public domain, verifies, validates, and translates it into Organized structured information to make it easy for you. Such information uploaded in our Platform shall hereinafter be referred to as “Organized Content”. You agree and acknowledge that we have no control over and assumes no responsibility for the source of Content and only acts as an intermediary for sharing available information in a translated visual form. By using the our Platform, you expressly relieve us from any and all liability arising from the Organized Content.
Our Platform may include or contain links to any third-party websites or counselling websites that may or may not be owned or controlled by us. We have no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using our Platform, you expressly relieve us from any and all liability arising from your use of any third-party website or services. However, we recommend that before you use any third-party service or website you read and understand the terms and conditions and privacy policy of each such website that you visit.
Subject to these Terms and Conditions, Privacy Policy and all other rules and policies made available or published elsewhere, we here by grants the you a non-exclusive, non-transferable, non-sublicensable, limited license to use the our Platform in accordance with these Terms and Conditions.
You agree and acknowledge that we shall have the right at any time to change or discontinue any aspect or feature of our Platform, including, but not limited to, the Organized Content, period of availability and the equipment or devices needed for access or use. Further, we may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. We reserve the right to refuse access to our Platform, terminate Accounts, remove or edit contents without any notice to You.

OUR ACCOUNTS

In order to access some of the features of our Platform, you may have to create your account with us. You agree and confirm that you will never use another User’s account nor provide access to your account to any third-party. When creating your account, you confirm that the information so provided is accurate and complete. Further, you agree that you are solely responsible for the activities that occur on your account, and you shall keep your account password secure and not share the same with anyone.

You must notify us immediately of any breach of security or unauthorized use of your account. At no point in time we will be liable for any losses caused by any unauthorized use of your account, you shall solely be liable for the losses caused to us or others due to such unauthorized use, if any.

ACCESS, PERMISSIONS AND RESTRICTIONS

We hereby grant you permission to access and use our Platform as set forth in these Terms and Conditions, provided that:

You agree not to distribute any medium in any part of our Platform or the content without our prior written authorization.
You agree not to use or launch any automated system, including without limitation, “scrapers”, “robots,” “spiders,” or “offline readers,” that accesses the our Platform in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases at any time with or without providing any notice in this regard. You agree not to collect or harvest any personally identifiable information, including account names, from our Platform, nor to use the communication systems provided by our Platform (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the our Platform with respect to the Organized Content.
You may post reviews, comments and other content; send other communications; and submit suggestions, ideas, comments, questions or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam. Further, you give us limited, royalty free, worldwide, non-exclusive license to use the Organized Content and communication in developing our Platform and in any of its marketing or promotional activities.

CONTENT USE

In addition to the general restrictions mentioned above, the following limitation and conditions shall apply to your use of the Organized Content.

Organized Content is provided to you on an AS IS basis. You may access the Content for your information and personal use solely as intended through the provided functionality on the our Platform and as permitted under these Terms and Conditions. You shall not download any Organized Content unless you see a “download” or similar link displayed by us on our Platform for that Organized Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Organized Content for any other purposes other than as provided herein without the prior written consent of us or the respective owners of the Organized Content. We reserve all rights not expressly granted in and to our Platform and the Organized Content.
You agree not to circumvent, disable or otherwise interfere with security-related features of our Platform or features that prevent or restrict use or copying of any Organized Content or enforce limitations on use of our Platform or the Organized Content therein.
You understand that when our Platform, you will be accessing Organized Content from variety of sources and by different Counselling authorities, Regulatory boards, educational and legal websites, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content.  You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless to us, its owners, operators, and affiliates, to the fullest extent allowed by law regarding all matters related to your use of our Platform.

CONTENT AND CONDUCT

As a our User, you may submit Content on our Platform, including User comments or responses in discussion forums. You understand that we do not guarantee any confidentiality with respect to any content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing such Content on our Platform.
You further agree that the Content you submit on our Platform will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to we grant all of the license rights granted herein.
Furthermore, you confirm that the Content uploaded by you is not:
- False, inaccurate or misleading;
- Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- Violate any law, statue, ordinance or regulation;
- Defamatory, unlawfully threatening or unlawfully harassing;
- Obscene or contain pornography.
- Contain any viruses, trojan horses, worms, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You understand and confirm that you shall not during your use of the our Platforms at any time post or publish any content, comments or act in any way which will amount to harassment of any other User. If at any given point it comes to the notice to us that you are engaged in any kind of harassment of other Users, then in such a case you agree that we shall have the sole right to suspend/terminate your account with immediate effect and without any notice of such suspension or termination and we also reserve the right in our sole discretion to initiate any legal proceedings against you in such cases.
We reserve the right to remove any Content without prior notice if it has reason to believe that the Content infringes on another’s intellectual property rights, or any copyright.
You shall be solely responsible for your own Content and the consequences of submitting and publishing such Content on our Platform.

OUR- INTELLECTUAL PROPERTY RIGHT

Our Platform, the processes, and our selection and arrangement, including but not limited to all text, graphics, User interfaces, visual interfaces, sounds and music (if any), artwork and computer code on our Platform is owned and controlled by us and the design, structure, selection, coordination, expression, look and feel and arrangement of such content mentioned hereinabove is protected by copyright, patent and trademark laws, and various other national and international IPR laws and regulations.

Unless otherwise indicated or anything contained to the contrary, or any proprietary material owned by a third-party and so expressly mentioned, we own all IPR to and into the trademark “NEET COUNSELLING”.

The mark “ NEET COUNSELLING” is the sole property of NEET COUNSELLING. Reproduction in whole or in part of the same is strictly prohibited unless used with an express written permission from NEET COUNSELLING.

REFUNDS

Any refunds that are to be processed shall be processed in accordance with our refund policy.

ELECTRONIC COMMUNICATION

When you visit our Platform or send email to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by email, text message updates, or posting notices on our Platform. You agree that all agreements, notices, disclosures, disclaimers, offers and other communications that are provided to you electronically satisfy any legal requirement that such communication should be in writing.

TERMINATION OF ACCOUNT

We will terminate a User’s access to the our Platform, if

the User is a repeat copyright infringer;
the Users breaches any terms of these Terms and Conditions.
your use of the our Platform disrupts our business operations or affects any other party/ User; or
you have behaved in a way, which objectively could be regarded as inappropriate or unlawful or illegal or which would bring any claims against to us.

DISCLAIMER

You agree that your use of our platform shall be at your sole risk. To the fullest extent permitted by law, we Officer, Directors, employees, and agents exclude all warranties, express or implied, in connection with the our platform and your use thereof. To the fullest extent permitted by law, we exclude all warranties, conditions, terms or representations about the accuracy or completeness of the user content or the content of any sites so linked and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of user content or any content on our platform , (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the our platform, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the our platform, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the our platform by any third party, and/or (v) any errors or omissions in any user content or any other content or for any loss or damage of any kind incurred as a result of the use of any user content or any other content that is posted, emailed, transmitted, or otherwise made available via the our platform.

We do not warrant, endorse, guarantee, or assume responsibility for any user content or our platform advertised or offered by a third party through our platform or any hyperlinked services or featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of user content or services. As with the purchase of a package or a service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event shall we officer, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of Content or any other content available at our platform (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our platforms, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the our platform, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our platforms by any third party, and/or (v) any errors or omissions in any user content or any other content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via our platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages.

INDEMNITY

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless to our platform ,its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to our Platform; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your Content caused damage to a third party; or (v) violation of any applicable laws. This defence and indemnification obligation will survive these Terms and Conditions and your use of the our Platform.

ELIGIBILITY TO USE AND ACCEPTANCE OF TERMS AND CONDITIONS

You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. If you are under 18 years of age, then please talk to your parents or guardian before using our Platform.

We reserve the right to refuse access to use the our Platforms to any Users or to suspend and/or terminate access granted to existing registered Users at any time without according any reasons for doing so.

We provide these Terms and Conditions with our Platform so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms and Conditions and that you have agreed to them. You agree and acknowledge that your use of our Platform is subject to the most current version of the Terms and Conditions made available on our Platform at the time of such use.

FORCE MAJEURE

We shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond the its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.

INFORMATION TECHNOLOGY ACT

These Terms and Conditions are 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 terms and conditions for access or usage of our Platform.

You are advised not to post any information or messages that are, or that may be construed, as being malicious , defamatory, inappropriate, slanderous, pornographic or otherwise sexually oriented or that makes attacks on or the otherwise opines or comments on any individuals or groups of individuals, educational institutions or any other entities whatsoever (whether companies, firms, or any other institutions). You also agree not to post any information to which you do not have copyrights or other appropriate permissions to post in public forum. Your failure to comply with these terms may result in removal of your postings without prior notice to User. The IP address of all posts is recorded to aid in enforcing these conditions.

OTHER LAWS

Certain laws require to maintain data with respect to our Platform and other personal information in a prescribed format and we will use all the information to the extent required in compliance with the applicable laws and as may be directed or amended from time to time.

GOVERNING LAW AND JURISDICTION

The Terms and Conditions are governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts located in Mumbai, Maharashtra, India.

MODIFICATION, AMENDMENT OR TERMINATION

We may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the our Platform post any modification of the Terms and Conditions shall be taken as your consent and acceptance to such modifications. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.

Should You have any concern or reject the changes in the privacy policy You can refuse to accept the amendments and opt for withdrawing Your Personal Information by writing to us at support@neetcounselling.in.

GENERAL

If any part of these Terms and Conditions is unlawful, void or unenforceable, that part of will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notice required to be given in connection with the our Platform shall be in writing and sent to our registered office. We do not guarantee continuous, uninterrupted or secure access to our Platform, and operation of the our Platform may be interfered by numerous factors outside our control. Headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of such section. Out failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

REFUND POLICY

Please read the purchase terms and conditions carefully before purchasing any of the plans, as once you have purchased you cannot change, revert your purchase. Once you have purchased and have made the required payment, it shall be final and there cannot be any changes or modifications to the same and neither will there be any refund.

CONSUMER GRIEVANCE

For any consumer support or grievances write to us at support@neetcounselling.in.