General Terms of Use
Kindly note that the present document/ agreement/ understanding is a computer-generated electronic record published in terms of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011 read with Information Technology Act, 2000 and does not require any physical or digital signatures.
- Introduction
- Pro Garten India (hereinafter referred as “Pro Garten”), is a partnership firm having its Office at 144 Kamla Sukul Marg, Raj Nagar, Ghaziabad.
- Pro Garten is a platform which conducts psychomentric assesments & provides clinical career counselling (hereinafter referred as “Services”), to various individuals , enterprises.
- The general terms of use (hereinafter referred as “the Terms”) contain the conditions set out by Pro Garten, for anyone who wishes to know about the Services/anyone who wishes to avail the Services provided by Pro Garten, by visiting _______, a website owned and operated by Pro Garten (hereinafter referred as “Website”). The Terms shall govern the use and operation of the Website by a person, who browses it for his personal use (hereinafter referred as “Visitor”). The Website shall include the main page containing the general information about Pro Garten and any/all links and pages interconnected with the main page and other pages available on the Website.
- In order to access or use the Services, you must be 16 years of age or over. If you are under 16 and you wish to access or use the Services, your parents or legal guardian must acknowledge and agree to this T&C. Should your parents or legal guardian fail to agree or acknowledge the T&C, you shall immediately discontinue its use.
- You can access the Services on your mobile phones, tablets, laptops or other electronic devices (“Devices”) by registering to become a user (“User”) in accordance with the Terms of Account Registration or Use of the Services
- Going through the Terms available on the Website shall be construed as a condition precedent to using the Website as well as Services of Pro Garten. Reading the Terms contained herein in its entirety, shall bind the Visitor and the Visitor may only use the Website and Services extended by Pro Garten in compliance with the Terms. In case if Visitor does not agree/refuses to accept the Terms contained herein, he/she may not use the Website of Pro Garten for any purpose whatsoever and the only redressal available to such a Visitor is abstaining himself/herself from using the Website. The current Terms are subject to subsequent amendments/modifications, as Pro Garten may, at its sole discretion, deem fit and appropriate with change in time and circumstances. The Terms in existence (with latest amendments) at the relevant point of usage by a visitor shall be considered valid and any Terms preceding such relevant point of usage, shall have no application on the concerned Visitor. Pro Garten may require a Visitor to accept and adhere to any additional/supplemental rules/terms and conditions in addition to the Terms for a specific service proposed to be availed by the Visitor. The Terms are set out herein-below for the ready reference of all the visitors/users:
- Proprietary and Intellectual Property Rights:
- It is hereby expressly acknowledged by the Visitor/User that the rights attached with all the Services/Products available on the Website (including rights in the nature of patents, trademarks, technical know-how, trade descriptions, domain names, logos, title, interest) belong solely to Pro Garten and any unauthorized use thereof is strictly prohibited. The Visitor is granted limited license to view the contents of the Website and gain information about the Services/Products offered by Pro Garten and the Visitor, shall in no case be deemed to have acquired any other right/title or interest in any of the Services/Products offered by Pro Garten. The Visitor shall not use the Website for any commercial purpose, and the use of Website by the Visitor is deemed to be for personal purposes only.
- In case if the Visitor prints, copies or downloads any part of this Website for any reason whatsoever, in breach of the terms and conditions set out herein or under the privacy policy, then the Visitor’s right to use of this Website shall be ceased with immediate effect of such violation and the Visitor shall, at the direction of Pro Garten, return or destroy such copies (electronic or physical), obtained from the Website.
- Usage of information available on the Website and applicable restrictions:
- The Visitor shall use the information available on the Website strictly for the following purposes (hereinafter referred as “Authorized Purposes”) and for no other purposes whatsoever:
- To obtain information about the Services offered by Pro Garten.
- To avail the Services offered by Pro Garten.
- To understand the process about psychometric analysis & the clinical career counseling.
- To read about the latest news/updates about the Education & Professional Industry.
- To register any grievance regarding the Services offered by Pro Garten.
- To apply for a career opportunity at Pro Garten.
- To get clarity about doubts with regard to the functioning of Pro Garten.
- The Visitor expressly acknowledges and accepts that he/she shall not, in any manner whatsoever, use the information available on the Website to develop, create, modify, reverse engineer any work/product/service which exclusively belongs to Pro Garten, for its personal or commercial use. The Visitor shall also not publish, disseminate, distribute any material available on the Website through electronic or print media and he/she shall not involve in data mining, data extracting, data harvesting or any other similar activity in relation to the information available on the Website during or after the use of Website.
- The Visitor further acknowledges that some part of the information available on the Website is in the nature of confidential information and any disclosure/distribution of such information to third parties by the Visitor, without prior written consent of Pro Garten shall result in appropriate legal action(s) (civil/criminal as the case may be) against the concerned Visitor by Pro Garten.
- Pro Garten may, at its sole discretion require a Visitor to provide certain personal information such as name, address, phone number, e-mail id etc. for accessing certain specific areas of the Website, however the said information provided by the Visitor shall be dealt with utmost case and confidentiality by Pro Garten as per its privacy policy. By providing the personal information as enumerated under this paragraph, the Visitor acknowledges and accepts that he may be contacted by the counsellors/representatives of Pro Garten (via email/phone calls/messages), in relation to the Services offered by Pro Garten and the said acknowledgement/acceptance shall be deemed to be a waiver on the part of Visitor of the Do Not Disturb (DND) services in terms of the Telecom Regulatory Authority of India (TRAI) regulations.
- Pro Garten may, at its sole and exclusive discretion, without any prior notice, suspend or terminate the use of Website for any of the Visitors, without citing any reasons whatsoever.
- The Visitor expressly undertakes and agrees that it shall not disclose the login credentials created by it on the Website, with anyone and any activity carried out with the login details of a Visitor shall be solely attributable to the concerned Visitor only and Pro Garten shall, in no manner whatsoever, be deemed responsible for any unauthorized use of a Visitor’s account if such login credentials are leaked/shared by the negligence of the Visitor itself.
- The Visitor acknowledges and accepts that he/she shall not sell Pro Garten’s Services, information, data or any other related information obtained by him/her during the usage of the website and otherwise including and not limited to personal counselling sessions, community sessions and others. The Visitor further acknowledges that he/she shall not use any robot, spider, other automatic device, or manual process to monitor or copy the Website and or its content or interfere or disrupt the Website; take any action that imposes an unreasonably or disproportionately large load on Pro Garten’s infrastructure/network or use any device, or interfere or attempt to interfere with the Pro Garten Services or forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through Pro Garten or to manipulate his/her presence on the Website. The Website is operated from the territorial limits of the Republic of India, hence the Visitor acknowledges to abide by the laws of India and in case if the Visitor belongs to any other country apart from India, he/she shall abide by the laws of the country of which he is a permanent resident.
- The Visitor is expressly prohibited from the following:
- Posting any content from the Website which is obscene, vulgar, blasphemous, slanderous, libelous, unlawful, voyeuristic;
- Posting anything on the Website which violates the rights of publicity, privacy, and/or intellectual property rights of any third parties.
- In case if the Visitor fails to abide by the terms set out under this clause, then he/she shall be solely liable for any loss, harm, injury, damage, penalty caused to Pro Garten or any third party(ies).
- The Visitor shall use the information available on the Website strictly for the following purposes (hereinafter referred as “Authorized Purposes”) and for no other purposes whatsoever:
- Representations and Warranties:
- Pro Garten does not make any representations and warranties (express or implied), with regard to information available on the Website on an “as is” basis. Pro Garten takes no responsibility for veracity, accuracy, completeness of the information available on the Website, including but not limited to information related to any third parties which may be available with Pro Garten during the course of transaction with such third parties.
- Pro Garten does not warrant that use of the Website will be uninterrupted or error-free or that errors will be detected or corrected. Pro Garten does not assume any liability or responsibility for any computer viruses, bugs, malicious code or other harmful components, delays, inaccuracies, errors or omissions or usefulness of the information disclosed or accessed through the services.
- Limitation of Liability:
- Pro Garten (including all of its employees, directors, counselors, authorized representatives, assigns and affiliates) shall not be liable for any proximate or remote harm, loss, injury, liability, including liabilities arising under tort, contract or otherwise, which the Visitor may incur as a result of using the Website of Pro Garten. The Visitor expressly acknowledges and accepts any damage which he/she may incur as a result of any malware/virus attack on his/her computer or mobile device(s), on account of using the Website or any loss/injury/harm which he/she may incur from a third party link available on the Website of Pro Garten. Pro Garten does not take any responsibility/liability for third party websites/links hosted on its Website or any representation made by such third parties, which may have their own set of terms and conditions. The Terms are completely independent of any terms and conditions which the third parties might have in place for use of their respective websites/online portals.
- Indemnification:
- The Visitor hereby acknowledges and accepts to indemnify Pro Garten (including its affiliates, successors and assigns, officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers) against all or any losses, resulting from any breach of obligations, by the Visitor under the Terms, including any damages, recoveries, fine(s), litigation expenses borne by Pro Garten on account of loss incurred by it due to such breach.
- Severability:
- In case if any provision of these Terms is found unenforceable or invalid by a court of competent authority or by any authority (statutory/non-statutory), authorized under the laws of India to rule on enforceability/validity of the Terms, then such unenforceability/invalidity shall not render the Terms unenforceable/invalid in entirety, and such provisions which are found unenforceable/invalid shall be removed without affecting the remaining provisions of the Terms, which shall operate in full force.
- Waiver:
- Any delayed exercise of rights by Pro Garten (including all of its employees, directors, authorized representatives and assigns), under the Terms, shall not imply any waiver of such rights, unless a waiver to that effect is explicitly reduced into writing and is signed and executed by an authorized representative of Pro Garten. The rights available to Pro Garten under the Terms, are in addition to the rights available to it under the applicable laws of India.
- Independent Contractor:
- Nothing contained in this T&C shall be construed to create the relationship of employer and employee, principal and agent, partnership or joint venture, or any other fiduciary relationship.
- Governing Law & Jurisdiction:
- The Terms shall be governed by the applicable laws of India and in case if a dispute arises between the Visitor and Pro Garten with regard to the Terms, then courts situated within the territorial limits of Delhi shall have the exclusive jurisdiction to adjudicate such disputes.
- Force Majeure:
- Pro Garten shall be excused from performing all/any of its obligations under the Terms in case if any or all of the following event occurs:
- labour disputes
- strikes
- acts of God (including floods, lightning, earthquakes)
- shortages of materials, rationing
- inducement of any virus, malware, trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Website,
- utility or communication failures
- war, revolution, epidemic, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo
- any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government or any other act whatsoever, which is beyond the control of Pro Garten and which could not have been avoided even after taking all reasonable precautions and measures.
- Pro Garten shall be excused from performing all/any of its obligations under the Terms in case if any or all of the following event occurs:
- No third-party beneficiaries:
- The two parties to these General Terms of Use (Pro Garten and Visitor), hereby expressly acknowledge and accept that the present terms are not made for the benefit of any other third party whosoever.
- Assignment:
- The Visitor acknowledges that he shall not transfer or assign any of the rights, duties and obligations under the Terms, available to him/her, however Pro Garten may, at its sole discretion, transfer its rights, duties and obligations under the Terms to any other party without citing any reason whatsoever.
- Terms of Registration and Use of Services:
- A Visitor becomes a User as soon as he/she accepts and follows the following procedure for availing the Services provided by Pro Garten:
- The Visitor shall first provide its basic information (full name, contact number, e-mail address, permanent address, current address, nationality, date of birth, gender, marital status)
- In addition to that the user maybe required to fill in information pertaining to the Educational & Academic Background of the user which may scholastic records including Grade Sheets of subsequent years, co-curricular and extra- curricular participation and achievement records.
- The user may also be required to fill in health related information as may be required to conduct the psychometric assessment of the user.
- The contact number and e-mail address maybe verified through a one-time password (OTP) verification process, whereby upon entering the contact number and e-mail address, an OTP is sent to the contact number as well as the e-mail address and thereafter the OTP received by the Visitor is entered in the space provided for the same. Entering of OTP in the concerned column marks completion of the OTP verification process.
- Once the OTP verification process is completed, and information pertaining to education & health is updated a Visitor is registered as a User on the Pro Garten platform and thereafter a detailed process of onboarding takes place.
- The User expressly undertakes and agrees that the information provided by it shall be completely accurate, complete and up to date. It is the sole responsibility of the User to update the information provided by it in accordance with any change to such information and Pro Garten shall, at its sole discretion, terminate the right of usage of a User in case if any information provided by it is found to be inaccurate or outdated.
- A Visitor becomes a User as soon as he/she accepts and follows the following procedure for availing the Services provided by Pro Garten:
- Acknowledgement:
- The User acknowledges that he/she has read and has understood these Terms, and that these Terms have the same force and effect as a signed agreement. This paragraph shall survive termination of this agreement.
