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General Terms of Use - Freelancer


GENERAL TERMS OF USE

                        
    These General Terms of Use (“GTU”) govern the use of the website, mychatri.com, and the Mychatri Application (hereinafter collectively referred to as the “services”) of M/s. Letz Dream4u Consultants Pvt. Ltd. (hereinafter referred to as “LCPL”). These GTU shall come into effect from 12.11.2018.
    The LCPL services provide a platform that allows companies, partnership firms, sole proprietorships, freelancers and professionals (hereinafter referred to as the “organisation”) to connect with users pursuing education in various fields of business/profession (hereinafter referred to as the “student”). It enables the organisations to extend the reach of their respective internship/training and internship programmes to students across the globe with a view to better equip, prepare and educate them for their future endeavours. The LCPL services affords to students, an opportunity to train and/or intern with some of the leading organisations to give them hands-on experience of their vocations.


    The use of LCPL services shall be subject to and in compliance with the terms of Use contained hereunder. The organisation and the student (hereinafter collectively referred to as the “user” unless specifically qualified), agrees to the present General Terms of Use upon clicking the “I Agree” button below. The user, hereby, also understands and agrees that installing, accessing, using, registering or signing-up for LCPL services, either through the application or the website, shall be deemed to be their consent to the present GTU so as to be legally binding upon them and any objection, to any term or conditions contained herein, shall be deemed to have been waived off. In case, the user does not consent to any of the terms of these GTU, it shall refrain from installing, accessing, using, registering or signing-up for LCPL services.


1.    PARTIES

1.1    These GTU apply to all visitors, users and others who install or access the LCPL services through application/website.
1.2    To use LCPL services the user must be legally qualified to contract under the laws of the Republic of India and must not be legally disqualified otherwise.

2.    USE OF SERVICES


2.1    Users registered for the service shall enjoy a non-exclusive right to service, software and documentations along with necessary updates and enhancements, till the expiry or the cessation of services.
2.2    By affiliating with LCPL’s mychatri website and application, the users are granted a limited, non-exclusive and non-transferable right to use LCPL services and content and materials on the application/website in connection with the normal use thereof. The user shall not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from LCPL or the appropriate third party, where third party content is at issue.
2.3    User’s agreement with these GTU is a necessary condition to avail LCPL services. User’s acceptance of these GTU is an acceptance of these terms and Privacy Policy.

3.    ORGANISATION AFFILIATION PROCEDURE


3.1    The organisation shall be required to fill and submit an application form containing its information, in such format as may be prescribed by LCPL, upon agreeing to these GTU by either clicking the “I Agree” button below or by installing, accessing, using, registering or signing-up for LCPL services.
3.2    The application form, once submitted, shall be scrutinised by LCPL.
3.3    If upon scrutiny, LCPL deems it fit to offer affiliation to the applying organisation, the same shall be communicated to the organisation using the contact information provided in its application form.
3.4    The communication provided for under clause 3.3 shall contain Special Terms and Conditions (“ST&C”) in addition to the offer of affiliation. The ST&C comprises of special terms governing the business and working relationship between LCPL and the organisation.
3.5    LCPL may affiliate any organisation that agrees to the ST&C and the offer of affiliation as per the terms of Use contained therein.
3.6    Once affiliated in terms of the ST&C, LCPL shall issue to its affiliated organisation an ID and Password for the purposes of accessing its account at LCPL service platforms.

4.    PERSONAL INFORMATION AND DOCUMENTS


4.1    LCPL requests its organisations seeking affiliation to furnish information which may include information such as name, experience, industry and contact information at the time of applying for affiliation.
4.2    The organisation shall furnish all relevant and such other documents as may be required at the time of affiliation or upon request to LCPL.
4.3    The information furnished shall be true, correct and to the best of the organisation’s knowledge.

4.4    The documents submitted shall be the true self attested copies of their originals.
4.5    In case the information furnished by the organisation is discovered to be false/ incorrect or the documents submitted are found to be forged/fabricated/incorrect, the organisation shall be liable for such legal and contractual consequences as may be prescribed in this regard.
4.6    The organisation shall be at liberty to update, alter or amend the information furnished by it in terms of clause 4.1 above at any time using the in-built service tools available at the website or Application. The organisation may write to LCPL in case of any difficulty in altering, amending or updating their information at affiliate@mychatri.com.

5.    ORGANISATION OBLIGATIONS

5.1    The user shall not use the LCPL services for illegal purposes.
5.2    The organisation shall abide by all applicable local, state, national, and international laws and regulations in its use of the LCPL services, including laws of intellectual property.
5.3    The organisation shall not interfere with or disrupt the use and enjoyment of the application/website by other users.
5.4    The organisation shall not resell material on the LCPL service application/website.
5.5    The organisation shall not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication.
5.6    The organisation shall not defame, harass, abuse, or disrupt other users of the service application/website.
5.7    The organisation shall: 
5.7.1    Hold the required certification and licenses to practice and/or to conduct its businesses.
5.7.2    Have adequate infrastructure required for the purposes of holding/carrying out its internship/training programmes.
5.7.3    Maintain industry standards for internship/training of students.
5.7.4    Adhere to the internship/training programme offered.
5.7.5    Issue timely certification to students, wherever provided for under its programmes, and in terms thereof.
5.7.6    Use personal information of the students only for the purposes in relation to their respective internship/training programmes.

6.    LCPL OBLIGATIONS

6.1    LCPL shall share detailed information of the internship/training programmes being offered by the organisation in terms of the ST&C.
6.2    LCPL shall share the details/personal information of students applying for particular internship/training programmes with the respective organisation.
6.3    LCPL shall endeavour to swiftly scrutinise all applications for registration/affiliation received by it.
6.4    LCPL shall be entitled to recover any amount due to it from the organisation in terms of the ST&C.
6.5    LCPL shall be entitled to charge such Technology fees from its student users as may be prescribed for the various internship/training programmes at the mychatri website and/or application, which shall be in addition to the course fee. 
6.6    LCPL shall be entitled to make financial recoveries from its users for any amounts due and payable.
6.7    LCPL may store and publish the internship/training programme information in such manner as it may deem fit and appropriate.

7.    SUSPENSION OF ACCOUNT

7.1    LCPL reserves the right to suspend or permanently disable the accounts of its users if any information, including personal information and documents, provided at the time of applying for registration are discovered to be incorrect. 
7.2    LCPL reserves the right to suspend student user account upon receipt of any complaint from its organisation users against the said user till such complaint is resolved.
7.3    LCPL reserves the right to suspend organisation user account or restrict its services upon receipt of complaint by a student user against an organisation it is internship/training/interning with to such extent and period as may be deemed necessary and proper.
7.4    LCPL reserves the right to suspend user account for non-payment or upon contravention of any term(s) of this GTU or the ST&C.
7.5    LCPL reserves the right to suspend organisation account if the organisation creates risk of legal exposure for LCPL or if LCPL is permitted or required to do so by law. The suspended account shall be restored once the cause for suspension is rectified to the satisfaction of LCPL. The organisation shall not be entitled to any benefit or services during the suspension period.

8.    FEES AND OTHER CHARGES

8.1    The student users shall pay such fees and other charges and on such terms, as may be mentioned in this regard at the mychatri website and/or application, to LCPL for use of its services.
8.2    The organisation shall be liable to LCPL for LCPL’s financial entitlements with respect to program and other charges in terms of the ST&C.

9.    PRIVACY POLICY

9.1    LCPL Privacy Policy sets out its obligations with respect to safeguarding, collection and use of personal information of its users. Users may access LCPL Privacy Policy at www.mychatri.com. 
9.2    The user agrees to LCPL Privacy Policy by either by clicking the “I Agree” button below or by installing, accessing, using, registering or signing-up for LCPL services


10.    LIMITATION OF LIABILITY

10.1    LCPL’s entire liability, and organisation’s exclusive remedy, in law, in equity, or otherwise, with respect to the LCPL services and application/website content for any breach of this GTU is limited to the amount received by LCPL towards course fee only.
10.2    LCPL shall not be liable for any direct, indirect, incidental, special or consequential damages in connection with this GTU or its services in any manner, including liabilities resulting from (1) the use or the inability to use the application/website content; (2) any service availed or transactions entered into through the LCPL service application/website; or (3) any loss of profits.

11.    THIRD-PARTY CONTENT

11.1    The LCPL services may contain third-party content, including advertisements and links to other applications/websites. LCPL is not responsible for the accuracy, veracity, timeliness, performance, completeness or suitability of the information and materials found or offered for any purpose with such third-parties. The user acknowledge that such information and materials may contain inaccuracies or errors and LCPL expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
11.2    Any action for any injury or harm due to third-party content will be directly raised with the concerned third party without making LCPL a party to the said action.

12.    AMENDMENTS TO THE GTU

LCPL reserves the right to modify theseTerms, and the modification shall immediately come into effect upon being posted or notifying of the same and the user undertakes to review the agreement periodically to be aware of such modifications. The user’s continued access or use of service shall operate as acknowledgment of the amended agreement and conclusive acceptance of it.

13.    TERM OF THIS GTU

13.1    TheTerms shall come into force upon completion of affiliation process and/or gaining access to the services provided for and shall remain in force unless the service account is deregistered by the organisation, permanently disabled by LCPL or upon conclusion of the services.
13.2    The organisation may de-register its mychatri/service account. By de-registering its mychatri/service account, the user absolves LCPL of any liability to provide any service, including, any balance part of the service, which remained to be fulfilled on the date of de-registering of the account.
13.3    These terms shall cease to be an agreement between LCPL and the organisation either upon deletion of service account or upon LCPL disabling a user’s account, however, the user shall continue to be liable for any liability, payment, damages or commitment made under this GTU or the ST&C prior to such termination.

14.    JURISDICTION

The LCPL service application/website originates from Delhi and the Courts at Delhi shall have exclusive jurisdiction over any dispute arising between the parties, including any dispute arising under this Terms or the ST&C. The parties to this GTU shall be governed by the laws of the Republic of India without regard to its conflict of law principles to the contrary. 

15.    SAVINGS

In the event that this Terms is terminated by either of the parties to the Agreement, the terms and provisions of Clauses 5.2, 5.3, 5.5, 5.6.6, 5.7.5, 6.6, 6.7, 8, 9, 10, 11 and 14 shall remain in full force and effect.