Terms & Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and Rules and does not require any physical or digital signatures. Here Website means https://geniq.in/.
The website is a career assessment website that helps users in career planning and ancillary services including but not limited to the same. The services provided by us on the website may change from time to time, you are requested to kindly go through the service tab to view the services that are being provided on the website at any given point in time.
The website is owned and managed by GenIQ – Generation IQ Guidance & Career Services Pvt. Ltd (‘’Owner”). Before using our services you should go through the present Agreement (‘EULA’) and agree to the terms and conditions of the EULA. The User of the website are deemed to have read the terms of the EULA and duly accepted them before browsing through the website.
These terms may be amended from time to time solely at our sole discretion. By using our website, you will be bound by the terms and conditions mentioned in the EULA. You are required to and responsible for regularly reviewing the EULA to keep yourself updated with the changes to the EULA as made from time to time. If you continue to access the website after such changes to EULA, you will be deemed to have accepted and agreed to the said changes.
- Definition The terms used in the present EULA have been defined hereunder:
- ‘APPROPRIATE GOVERNMENT’ is used through this entire EULA as referring to Central/State Government or Local authorities as the case may be.
- ‘GENIQ’ is used throughout this entire EULA to refer to the Website, its owner, directors, employees, and other persons associated with the owner.
- ‘OUR SERVICES’ is used throughout this entire EULA to refer to the services offered at the Website or its associated entities, not including the advertisements that may be displayed on the Website.
- ‘USER or YOU or YOUR’ is used through this entire EULA to refer to any person who accesses the website or who is/are registered at the website for various services provided by it.
- The terms and conditions herein shall apply equally to both the singular and plural form of the terms.
- Whenever the context may require, any pronoun shall include both the corresponding masculine and feminine form.
- The terms as defined herein shall also read as such in the Privacy Policy as well as any other document mentioned on the Website.
- ELIGIBILITY
- Use of the Website is available to all the persons, juristic and real. However, any registration on the website shall be by the person who is capable of entering into a valid contract as per the applicable law.
- Person incompetent to contract as per the applicable law including but not limited to minors, un-discharged insolvents, persons of unsound mind, etc. are not eligible to use the Website, except under the legal guardianship of such persons capable of entering into contract on behalf of such persons.
- While registering with the Website, you represent that the information filled by you is correct and that you are duly authorized to accept this agreement and you have the authority to bind yourself / your entity to this agreement.
- We reserve the right to terminate your registration and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are using the site in violation of the EULA or at its sole discretion without any reason thereof.
- REGISTRATION
- You are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all the activities that occur under your User ID and Password. You agree, inter-alia, to; Provide true, accurate, current and complete information about yourself as prompted by GENIQ registration form, maintain and promptly update the Registration Data to keep it true, accurate, current, and complete at all times;
- You must immediately notify us of any unauthorized use of your password or account or any other breach of security.
- If you provide any information that is untrue, inaccurate, not current, or incomplete or GENIQ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not per this Agreement, GENIQ has the right to indefinitely suspend or terminate or block access of your registration with the website.
- GENIQ shall not be liable for any loss or damage arising from your failure to comply with this Clause.
- When you use the Website or send emails or other data, information, or communication to GENIQ, you agree and understand that you are communicating with GENIQ through electronic records.
- You consent to receive communications from us.
- We will communicate with you by email or by posting notices on the Website or through any other GENIQ services.
- SERVICES
- GENIQ offers career planning services designed for the development of students. GENIQ offers a unique way of career guidance & counseling for the help and guidance of the User/s.
- By entering into the present agreement, you accept that you are using the services rendered at GENIQ at your sole discretion without any undue influence of the GENIQ and at your sole responsibility (and under the supervision as mandated by in case of persons incompetent to contract).
- You further agree to ensure that you avail the services with due care and due diligence and as per the terms & conditions of the EULA and the respective services you are availing.
- FEES
- GENIQ shall charge the fee for the services provided as per the structure provided on the website. By using the services which are subject to payment, as mentioned therein, you accept to pay for the same before using the services.
- You further undertake not to raise any dispute qua the fee charged for the services in any manner whatsoever as you have agreed to the same out of free will and without any undue influence.
- You further undertake that you have read the Terms & Conditions of the Payment, payment service provider, and other documents that are prompted when you make payment of the paid services and have accepted the same before making the payment.
- GENIQ uses third-party payment providers to receive payments from User. GENIQ is not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues. GENIQ takes utmost care to work with 3rd party payment providers, but does not control their systems, processes, technology, and workflow, hence cannot be held responsible for any fault at the end of payment providers.
- The fee to be charged by GENIQ from users shall be decided solely by GENIQ and the user/s shall have no right/say to interfere in the same.
- You agree to bear all applicable taxes, charges cess, etc. levied on the services being rendered to you as notified by the Central/State Govt. from time to time.
- REFUND POLICY
- The GENIQ renders services including but not limited to career counseling, life coaching, etc. which act as a bonafide guide to the User, and the services are rendered as soon as availed, therefore there is no provision for refund of the fee paid by the User/s. The user/s is therefore deemed to have understood and accepted that once the fee is paid to the GENIQ as per the services availed, there shall be no refund of the said Fee.
- TERM AND TERMINATION OF THE CONTRACT
- The Access to the free portion of the website is only for welfare of the User and does not give rise to any Contract between the user/s and the GENIQ in any manner.
- The Contract against consideration for the services shall be strictly in terms of the services availed and shall end as soon as the services are rendered.
- GENIQ is entitled to terminate the contract at all times and with immediate effect (by disabling your use of the Website and the Service) if you;
- Violate or breach any term of this EULA, or
- In the opinion of GENIQ, misuse of the Website or Service, or
- At the sole discretion of the GENIQ for which GENIQ is under no obligation to assign any reason.
- GENIQ is not obliged to give prior notice of the termination of the Contract.
- INTELLECTUAL PROPERTY OWNERSHIP
- GENIQ shall own all rights, title, and interest, including all intellectual property rights, in and to the Website and Service and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the Website or the Service.
- You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast, or otherwise exploit the Website or Service.
- This EULA does not constitute a sale and does not convey to you any rights of ownership in or related to the Website, or any intellectual property rights owned by GENIQ. GENIQ’s name, logo, and the product names associated with the Website and the Service are trademarks of GENIQ, and no right or license is granted to use them
- WEBSITE LICENSE
- Subject to your compliance with these EULA, GENIQ grants you a limited non-exclusive, non-transferable license for the use of the Website.
- You shall not indulge in any of the following activities:
- License, sub-license, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Service or Website in any way;
- Modify or make derivative works based upon the Service or Website;
- Create internet “links” to the Service or “frame” or “mirror” any Website or any other server or wireless or Internet – based device;
- Reverse engineer or access the Website in order to:
- Launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, we indexers, bots, viruses or worms or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/ or performance of the Website.
- Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
- Send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third party privacy rights;
- Send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- Interfere with or disrupt the integrity or the performance of the Website, the Website or Service or the data contained therein;
- attempt to gain unauthorized access to the website.
- will not authorize others to use your account;
- will not assign or otherwise transfer your account to any other person or legal entity;
- will not use an account that is subject to any rights of a person other than you without appropriate authorization;
- will not use the Service or website for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
- will provide us with whatever proof of identity we may reasonably request;
- will comply with all the applicable law.
- GENIQ will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. GENIQ may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms.
- You acknowledge that GENIQ has no obligation to monitor your access to or use of the Website or Service, but has the right to do so to operate the Website, to ensure your compliance with these User Terms, or to comply with the applicable law or the order or requirement of a court, administrative agency or other governmental body.
- You agree to promptly notify GENIQ in writing of any user content that breaches this EULA. You agree to provide to GENIQ sufficient information to enable GENIQ to investigate whether such User Content breaches the terms of EULA. GENIQ agrees to make good faith efforts to investigate such complaint and shall take such notice as GENIQ in its sole discretion decides. However, GENIQ does not warrant or represent that it will block or remove (in whole or in part) such user Content.
- CONSEQUENCES OF BREACH OF TERMS
- Without limiting other remedies, GENIQ may limit your activity, immediately remove your information or end your registration, warn other Users of your actions, temporarily/ indefinitely suspend or terminate or block your membership, and/ or refuse to provide you with access to the Website in the event, but not limited to following activities:
- If you breach the EULA or Privacy Policy or the documents, agreements rules, policies, terms and conditions as incorporated herein by reference;
- If GENIQ is unable to verify or authenticate any information provided by you; or If it is believed that your actions may cause legal liability for other Users or GENIQ.
- Notwithstanding the forgoing, if you breach the EULA or any other documents it incorporates by reference, GENIQ reserves the right to forfeit the money paid by you to GENIQ and to take strict legal action including but not limited to a referral to the appropriate police or the other authorities for initiating criminal or other proceedings against you.
- GENIQ reserves its right to initiate civil and/ or criminal proceedings against a user/s who, furnishes invalid/false claim or misleading information to GENIQ.
- Without limiting other remedies, GENIQ may limit your activity, immediately remove your information or end your registration, warn other Users of your actions, temporarily/ indefinitely suspend or terminate or block your membership, and/ or refuse to provide you with access to the Website in the event, but not limited to following activities:
- DEFICIENCY IN SERVICE
- GENIQ reserves the right to temporarily/ indefinitely suspend or terminate your registration and refuse to provide you with access to all current and future use of the Website at its sole discretion which shall not be termed as deficiency in service in any manner as per law and the user/s hereby expressly waives its right to call in question in any manner, any such suspension/termination of services by the GENIQ.
- Further, GENIQ reserves its right to suspend the operation of the website for updation/repair/technical fault or any other reason as the case may be for which it shall not be liable in any manner including for deficiency of service under the applicable laws.
- INDEMNITY
- You confirm that you shall be responsible for any damage that may be caused to GENIQ for wrongful use of the website or its content by you including but not limited to Intellectual property Violations/Breach of terms & Conditions of EULA or in any manner as the case may be.
- By accepting User Terms and using the Website or Service, you agree that you shall defend, indemnify and hold GENIQ, its affiliates, third- parties and their respective shareholders, officers, directors, agents, and employees, form any losses, liabilities, damages, costs and expenses, claim or demand, or actions including reasonable attorneys’ fees asserted against or incurred by GENIQ, made by any third party arising out of or in connection with:
- Your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referred herein;
- Your violation of any rights of any third party, including experts arranged via the Website, or
- Your use or misuse of the Website or Services.
- LIABILITY
- The information, recommendations and/ or services provided to you on or through the Website, the Service and the Website is for general information purposes only as bonafide guidance and does not constitute any commitment of performance of user in any manner.
- GENIQ will reasonably keep the site and its contents correct and up to date but does not guarantee that (the contents of) the Website are free of errors, defects, malware and the viruses of that the Website are correct, up to date and accurate.
- GENIQ endeavors to render the utmost quality of the services rendered, however shall not be liable in any manner for any interruption in service for any reasons whatsoever.
- GENIQ may permit advertisements of third parties on the website and shall not be responsible for the contents/assurances/services or anything relating to such third party advertisement in any manner whatsoever.
- In no event shall GENIQ be liable for the amount more than that received by the GENIQ from complainant user/s for any direct, indirect, incidental, special, incidental, consequential or exemplary damages including but not limited to damages for non admission/performance/loss of goodwill, use, data or other intangible losses arising out of or in connection with the website, its services or this agreement( however arising, including negligence).
- GENIQ assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
- The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website;
- Any interruption or errors in the operation of the Website.
- COMMUNICATION POLICY
- You are prohibited to engage in direct or indirect communication with Counselors/consultants of GENIQ except for the purposes of the services availed by you.
- The communication between user/s and the Counselors which shall be limited for the purposes of service availed and the GENIQ shall not be responsible for any communication between the user and the counselor beyond the scope of the services availed by the user/s in any manner whatsoever.
- Violations of policy may result in a range of actions including:
- Cancellation of your registration
- Limits on account privileges
- Account suspension
- Compensation for breach of duty
- Other proceedings as the law may prescribe
- MISCELLANEOUS
- Notice: GENIQ may give notice by means of a general notice on the Website, or by electronic mail to your e-mail address on record in GENIQ’s account information, or by written communication sent by regular mail to your address on record in GENIQ’s account information. You agree that all the agreements, notices, disclosures and other communications that we provide to you electronically shall be deemed adequate service of notice/ electronic record and satisfy any legal requirement that such communication be in writing in terms of the present EULA.
- Feedback: GENIQ is always open to the suggestions of the user/s and shall endeavor to make all such suggestions that may enhance the utility to the user/s for the benefit of user/s as well as GENIQ. However, GENIQ is not bound by such suggestions in any manner whatsoever.
- Dispute Resolution: For any dispute arising out of the present agreement only the Courts at Delhi would have Jurisdiction and you undertake not to raise a challenge to the jurisdiction clause in any manner and accept the jurisdiction of the Court at Delhi.
- Severability: If any clause of this Agreement shall be deemed invalid, void, or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Agreement.
- Assignment: You cannot assign or otherwise transfer this agreement or any rights granted here to any third party. GENIQ may transfer its rights and obligations (also known as “assign”) under this Agreement without your prior express consent, provided that GENIQ assigns the Agreement on the same terms or terms that are no less advantageous to you.
- Legal Advice: You undertake that you had every opportunity to take legal opinion on the present agreement and have understood the legal implications of every clause before agreeing to the same in totality and using the Website.
