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CareerGuide Terms of ServiceLast Updated: October 11, 2019Welcome to CareerGuide! CareerGuide is an online platform which helps the student and professionals in needs, indeed we are also helping those who want to invest in that career. There is a certification course pursuing which you can easily become a career counsellor and help others in choosing their best future path. CareerGuide provides enough help and support with more than 15 modules, a channel online, a business opportunity, a life time association, and more advantages, that will promise you a fantastic journey in career counselling.These terms of service (“Terms of Service”) sets forth the agreement (“Agreement”) between you and CareerGuide, it governs your use of the products and services we offer through our web and applications (collectively the “CareerGuide Platform”).Please make sure to read it, because, by using the CareerGuide Platform, you consent to these terms.
The Mission of the CareerGuide PlatformCareerGuide’s mission is to create awareness about the need of career counselling. The CareerGuide Platform is a place where you can ask for career counselling services. This helps people to choose the right future path they can have for themselves.
Using the CareerGuide Platform
Who Can Use It. Use of the CareerGuide Platform is done by the writer appointed by the organization.
Termination. We may terminate or suspend your CareerGuide account if you violate any CareerGuide policy or for any other reason.
Changes to the CareerGuide Platform. We are always trying to improve your experience on the CareerGuide Platform. We may need to add or change features and may do so without notice to you.
Definition of Your Content. The CareerGuide Platform enables you to add posts, texts, photos, videos, links, and files to share with others. All material that you upload, publish or display to others via the CareerGuide Platform will be referred to collectively as “CareerGuide’s Content.”
License and Permission to Use Your Content.
By submitting, posting, or displaying Your Content on the CareerGuide Platform, you grant CareerGuide and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub licensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate and make available to the public, and otherwise use Your Content in connection with the operation or use of the CareerGuide Platform or the promotion, advertising or marketing of the CareerGuide Platform or our business partners, in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for CareerGuide to make Your Content available to other companies, organizations, business partners, or individuals who collaborate with CareerGuide for the syndication, broadcast, communication and making available to the public, distribution or publication of Your Content on the CareerGuide Platform or through other media or distribution methods. This license also includes the right for other users of the CareerGuide Platform to use, copy, reproduce, adapt, modify, create derivative works from, publish, transmit, display, and distribute, translate, communicate and make available to the public Your Content, subject to our Terms of Service. If you do not wish to allow your answers to be translated by other users, you can globally opt-out of translation in your profile settings or you can designate certain answers not for translation.
Once you post an answer to a question, you may edit or delete your answer at any time from public display on http://www.CareerGuide.com, except in the case of anonymously posted answers. However, we may not be able to control removal of the answer from display on syndicated channels or other previously distributed methods outside of www.CareerGuide.com. CareerGuide may remove suspected spam from your answers. Once you post a question, it may be edited or deleted by other users or by CareerGuide at any time. Any edits and changes made by you may be visible to other users. The right for CareerGuide to copy, display, transmit, publish, perform, distribute, store, modify, and otherwise use any question you post, and sublicense those rights to others, is perpetual and irrevocable, to the maximum extent permitted by law, except as otherwise specified in this Agreement.
You acknowledge and agree that CareerGuide may preserve Your Content and may also disclose Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any of Your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of CareerGuide, its users, or the public.
You understand that we may modify, adapt, or create derivative works from Your Content in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media. We also may remove or refuse to publish Your Content, in whole or part, at any time.
You further give us the permission and authority to act as your nonexclusive agent to take enforcement action against any unauthorized use by third-parties of any of Your Content outside of the CareerGuide Platform or in violation of our Terms of Service.
Your Responsibilities for Your Content. By posting Your Content on the CareerGuide Platform, you represent and warrant to us that: i) we have the ownership rights, or we have obtained all needed licenses or permissions from any necessary parties, to use Your Content and grant us the rights to use Your Content as provided for under this Agreement.
Our Content and Materials
Definition of Our Content and Materials. All intellectual property in or related to the CareerGuide Platform (specifically including, but not limited to our software, the CareerGuide marks, the CareerGuide logo, but excluding Your Content) is the property of CareerGuide Inc., or its subsidiaries and affiliates, or content posted by other CareerGuide users licensed to us (collectively “Our Content and Materials”).
Data. All data CareerGuide collects (“Data”) about use of the CareerGuide Platform by you or others is the property of CareerGuide Inc., its subsidiaries, and affiliates. For clarity, Data does not include Your Content and is separate from Our Content and Materials.
Our License to You.
We grant you a limited, non-exclusive license to use and access Our Content and Materials and Data as made available to you on the CareerGuide Platform in connection with your use of the CareerGuide Platform, subject to the terms and conditions of this Agreement.
CareerGuide strictly prohibits you on a worldwide, royalty-free, revocable, non-assignable and non-exclusive license to re-post Our Content and Materials anywhere on the web.
We may terminate our license to you at any time for any reason. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
Ownership. You acknowledge and agree that Our Content and Materials remain the property of CareerGuide’s users or CareerGuide. The content, information and services made available on the CareerGuide Platform are protected by copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable.
More About Certain Offerings on the CareerGuide Platform
Advertisements. The CareerGuide Platform may include advertisements, which may be targeted to content or information on the CareerGuide Platform, queries made through the CareerGuide Platform, or other information, in an effort to make them relevant to you. The types and extent of advertising by CareerGuide are subject to change. In consideration for CareerGuide granting you access to and use of the CareerGuide Platform, you agree that CareerGuide and its third party providers and partners may place such advertising on the CareerGuide Platform. If you wish to become an advertiser, you will be required to enter into separate and supplemental terms with us about providing advertising services on the CareerGuide Platform.
Legal, Medical & Other Professional Contributors. Some users who post content are members of legal, medical, and other licensed professions (collectively, “Professional Contributors”). Content posted by Professional Contributors should not be relied on as a substitute for advice from a professional that is appropriate for your specific situation. CareerGuide has provided certain disclaimer template language that Professional Contributors may edit and incorporate in their answers. Ethics rules differ by state or location, and it is the responsibility of Professional Contributors to determine and provide disclaimers appropriate for their profession and the content provided.
Web resources and third-party services. The CareerGuide Platform may also offer you the opportunity to visit links to other websites or to engage with third-party products or services. You assume all risk arising out of your use of such websites or resources.
Services that Require Separate Agreement. Certain features or services may require that you enter into a separate and supplemental written agreement prior to use.
Reporting Violations of Your Intellectual Property Rights, CareerGuide Policies, or Applicable LawsWe have a special process for reporting violations of your intellectual property rights or other violations of CareerGuide policies or applicable laws.
Reports of Other Violations. We have no obligation to delete content that you personally may find objectionable or offensive. We endeavor to respond promptly to requests for content removal, consistent with our policies and applicable law.
DISCLAIMERS AND LIMITATION OF LIABILITY PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF CAREERGUIDE ENTITIES TO YOU.“Careerguide entities” means careerguide inc., and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them. Each provision below applies to the maximum extent permitted under applicable law.
We are providing you the careerguide platform, along with our content and materials and the opportunity to connect with others, on an “as is” and “as available” basis, without warranty of any kind, express or implied. Without limiting the foregoing, careerguide entities expressly disclaim any and all warranties and conditions of merchantability, title, accuracy and completeness, uninterrupted or error-free service, fitness for a particular purpose, quiet enjoyment, non-infringement, and any warranties arising out of course of dealing or trade usage.
Careerguide makes no promises with respect to, and expressly disclaims all liability for: (i) content posted by any user or third party; (ii) any third-party website, third-party product, or third-party service listed on or accessible to you through the careerguide platform, including an integrated service provider or professional contributor; (iii) the quality or conduct of any third party you encounter in connection with your use of the careerguide platform; or (iv) unauthorized access, use or alteration of your content. Careerguide makes no warranty that: (a) the careerguide platform will meet your requirements; (b) the careerguide platform will be uninterrupted, timely, secure, or error-free; (c) the results or information that you may obtain from the use of the careerguide platform, a professional contributor, or any other user will be accurate or reliable; or (d) the quality of any products, services, information, or other material obtained or purchased by you through the careerguide platform will be satisfactory.
You agree that to the maximum extent permitted by law, careerguide entities will not be liable to you under any theory of liability. Without limiting the foregoing, you agree that, to the maximum extent permitted by law, careerguide entities specifically will not be liable for any indirect, incidental, consequential, special, or exemplary damages, loss of profits, business interruption, reputational harm, or loss of data (even if we have been advised of the possibility of such damages or such damages are foreseeable) arising out of or in any way connected with your use of, or inability to use, the careerguide platform.
Your sole remedy for dissatisfaction with the careerguide platform is to stop using the careerguide platform.
Without limiting the foregoing, careerguide’s maximum aggregate liability to you for losses or damages that you suffer in connection with the careerguide platform or this agreement is limited to the amount paid to careerguide in connection with the careerguide platform in the twelve (12) months prior to the action giving rise to liability.
Some jurisdictions do not allow limitations on implied warranties or exclusion of liability for certain types of damages. As a result, the above limitations or exclusions may not apply to you in whole or in part, and the foregoing sections 8(c), 8(d), and 8(e) will not apply to a resident of new jersey, to the extent damages to such new jersey resident are the result of careerguide’s negligent, fraudulent, reckless, or intentional misconduct.
IndemnificationYou agree to release, indemnify, and defend CareerGuide Entities from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) your use of the CareerGuide Platform, ii) Your Content, iii) your conduct or interactions with other users of the CareerGuide Platform, or iv) your breach of any part of this Agreement. We will promptly notify you of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
Dispute ResolutionThis Agreement and any action arising out of your use of the CareerGuide Platform will be governed by the laws of the Democracy of India without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with your use of the CareerGuide Platform will be brought solely in Supreme Court of India, Delhi, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Governing Law and Jurisdiction. You agree that CareerGuide is operated in India and will be deemed to be solely based in Delhi and a passive service for purposes of jurisdictional analysis. For any claims for which arbitration is inapplicable, you agree that such claims will be brought in federal or state court in Supreme Court of India, Delhi and governed by laws of the Democracy of India and federal law, without regard to any conflict of law provisions.
Use Outside of India. CareerGuide expressly disclaims any representation or warranty that the CareerGuide Platform complies with all applicable laws and regulations outside of India. If you use the CareerGuide Platform outside of India, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the CareerGuide Platform.
Export. The CareerGuide Platform is controlled and operated from our Indian offices in New Delhi. CareerGuide software is subject to Indian export controls. No software for CareerGuide may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You represent that you are not (1) located in a country that is subject to an Indian government embargo, or that has been designated by the Indian government as a “terrorist supporting” country, and (2) listed on any Indian government list of prohibited or restricted parties.
Applications and Mobile Devices. If you access the CareerGuide Platform through a CareerGuide application, you acknowledge that this Agreement is between you and CareerGuide only, and not with another application service provider or application platform provider (such as Apple Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access the CareerGuide Platform through a mobile device, your wireless carrier’s standard charges, data rates, and other fees may apply.
Survival. The following provisions will survive expiration or termination of this Agreement: Section 2(e)(Termination), Section 3(Your Content), Section4(a)-(b) and (d)-(f) (Our Content and Materials), Section 7 (Disclaimers and Limitation of Liability), Section 8 (Indemnification), Sections 9 (Dispute Resolution), and Section 10 (General Terms).
Assignment. You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
Electronic Communications. You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
Entire Agreement/ Severability. This Agreement supersedes all prior terms, agreements, discussions and writings regarding the CareerGuide Platform and constitutes the entire agreement between you and us regarding the CareerGuide Platform (except as to services that require separate written agreement with us, in addition to this Agreement). If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the Agreement, which will remain in full force and effect.
Interpretation. In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement.
Notices. All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us, by you via customercare@CareerGuide.com. Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.
Relationship. This Agreement does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.
Waiver. No waiver of any terms will be deemed a further or continuing waiver of such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
Further Assurances. You agree to execute a hard copy of this Agreement and any other documents, and to take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.
Contact. Feel free to contact us through CareerGuide.com/contact with any questions about these terms. CareerGuide is a Career counselling organization, located at 2-A/3, Kundan Mansion, Asaf Ali Road, New Delhi, Delhi – 110002.
If you contact CareerGuide through this website or otherwise, you may (or may not) be added to career guide’s auto responder service.You will NOT be spammed.But you are likely to receive content/emails that are likely to best address the reason why you emailed careerguide.You are free to remove yourself from one/all careerguide email lists, if you wish to. Every single email will have an Unsubscribe link.