This user agreement is an electronic record in terms of Information Technology Act, 2000 ("Act") and made thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This user agreement is generated by a computer system and does not require any physical or digital signatures.
www.lcat.in, is a technology enabled career assessment test that is aimed at giving a user a deep insight into their psychometric profile and thereby allowing them to take an informed decision/choice at the very right time. The website is managed by vLEAD Management Consultancy Private Limited (CIN: U74999KL2017PTC051485). Before using our services/ products you should go through the present Agreement (herein after referred to as EULA) and agree to the terms and conditions of the EULA. The User of the site shall be deemed to have read the terms of the EULA and duly accepted them before browsing through the website.
By using our site you will be bound by the terms and conditions as mentioned in this EULA.
By entering into the present agreement, you accept that you are using the services rendered at LCAT at your sole discretion without any undue influence of LCAT and at your sole responsibility (under supervision of guardian in case of minors).
You further agree to ensure that you will avail the services with due care and due diligence and as per the terms & conditions of this EULA and the respective service you are availing.
We reserve the right, at our sole discretion, to change, modify or otherwise alter the terms of this EULA at any time. You are required to and responsible for regularly reviewing the EULA to keep yourself informed with the changes/amendments to the EULA as made by us from time to time. By using our Website or Services, you agree that the posting of new or revised terms of this EULA shall constitute adequate and constructive notice to you of any and all revisions and changes. Continued use of our Website or Services after any such changes shall constitute your consent to such changes.
REFERENCE OF TERMS
Except as may otherwise be defined herein, the following terms are defined for the purposes of this EULA.
The term ‘LCAT’ is used through this entire EULA to refer to the Website, its owner, directors, employees, and individuals / entities associated with the Owner.
Owner refers to vLEAD Management Consultancy Private Limited (CIN: 74999KL2017PTC051485).
The term ‘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 (User would include individual/legal entity/society/group of people etc. or as the case may be).
The term ‘our website ‘or just ‘website’ is used through this entire EULA to refer to the Website www.lcat.in.
The term ‘Our Product or Services’ is used through this entire EULA to refer to the products/services offered at the Website or its associated entities.
“Feedback" means any comments or other feedback the customer may provide to LCAT concerning the functionality and performance of the Licensed Products, including identification of potential errors and improvements.
DESCRIPTION OF SERVICES
Lead Career Assessment Test (LCAT) is a career assessment test that is aimed at giving a student a deep insight into their psychometric profile and thereby allowing them to take an informed decision/choice at the very right time. It is based on an extensive scientific framework that has been formulated after closely observing the various advancements in the field of psychometrics. LCAT is offered in three different categories. LCAT Rise for 8th/ 9th standard students, which suggests the two most suitable streams that they can pursue after their 10th standard. LCAT Sail for 10th/11th/12th standard students and LCAT Redesign for college students, which suggests the five career fields that are the most congruent to their psychometric profile.
Use of the Website is available to all persons/entities/companies/partnership firms etc., as the case may be. However, any registration on the website shall be by the person who is capable of entering into a valid contract as per the Indian Contract Act, 1872.
Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website, except under the legal/constructive guardianship of such persons capable of entering into a contract on behalf of such minor user/s.
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 business entity to this agreement. You further confirm that you shall use/browse the Website in terms of the EULA.
LCAT reserves 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.
If you register on our website, you shall be responsible for maintaining the confidentiality of your User ID and Password and you shall be responsible for all 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 our website registration form (both personal and professional information), maintain and promptly update the Registration Data to keep it true, accurate, current, and complete at all times;
- Immediately notify us of any unauthorized use of your password or account or any other breach of security, and;
- Ensure that you exit from your account at the end of each session.
LCAT shall not be liable for any loss or damage arising from your failure to comply with this Clause.
We will be granting you a limited non-exclusive, non-transferable, non-assignable, non-sub-licensable, revocable license, subject to your compliance with this EULA, for the use of the Website.
You acknowledge that LCAT has no obligation to monitor your access to or use of the Website, Service or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating 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.
LCAT reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that we, at our sole discretion, consider to be in violation of these User Terms or otherwise harmful to the Service or Website.
CONDITIONS FOR USE OF WEBSITE
In accordance with the Information Technology (Intermediaries guidelines) Rules, 2011, we inform you that
- in case if you post or transmit any content which LCAT believes is not in accordance with this EULA (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to LCAT
we reserve the right at our sole discretion to immediately terminate the access or usage rights of the users to our computer resources and block or remove(in whole or in part) the noncompliant information posted or transmitted by you.
You warrant that the information you provide to LCAT is accurate and complete. We are entitled at all times to verify the information that you have provided us and to refuse the Service or use of the website, partially or completely, at our sole discretion, without providing any reasons, at any time.
You may only access the Services using authorized means.
In terms of Information Technology (Intermediaries guidelines) Rules 2011, you agree and undertake that you shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
- Belongs to the another person and to which You do not have any right ;
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful or racially/ ethically objectionable, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women ( Prohibition) Act,1986;
- Harm minors in any way;
- Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or right of publicity or privacy or is fraudulent or involves the sale of counterfeit or stolen items;
- Involves the transmission of “junk mails”, “chain letters”, or unsolicited mask mailing or “spamming”;
- Violates any law for the time being in force;
- Deceives or misleads addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonate another person;
- Contains software viruses or any other computer code, file or programs designed to interrupt, destroy or limit the functionality of any computer resources;
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- Is false, inaccurate or misleading.
You agree to promptly notify LCAT in writing of any user content which breaches these User Terms. You agree to provide us sufficient information to enable us to investigate whether such User Content breaches the terms of EULA. LCAT agrees to make good faith efforts to investigate such a complaint and shall take such notice as we in our sole discretion decide. However, LCAT does not warrant or represent that it will block or remove (in whole or in part) such user Content.
You agree and acknowledge that LCAT (or its licensors) own all legal right, title and interest in and to the Website and Services 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 including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by LCAT and that you shall not disclose such information without LCAT’s prior written consent.
You agree that you shall not modify, copy, adapt ,distribute, frame, reproduce, republish, download, scrape, transmit, display, stream, broadcast, or sell in any form or by any means, in whole or in part, or otherwise exploit the Service Materials without LCAT’s express prior written permission. All other uses of copyrighted material, including but not limited to any derivative use and use of collective contents, require express prior written permission from LCAT. Any reproduction or redistribution of Service Materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties.
Unless you have agreed otherwise in writing with LCAT, nothing in the Terms gives you a right to use any of LCAT’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
You acknowledge that this EULA does not constitute a sale and you do not acquire any license or ownership rights by implication or otherwise by using the Service or by accessing any Service Materials posted on the Service by LCAT. All rights not expressly granted by these Terms are reserved by LCAT and its licensors, and no license is granted hereunder by estoppel, implication or otherwise, except the limited non-exclusive, non-transferable license granted to you by LCAT for the use of the Website in this Agreement.
You may not,
- 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:
- Design or build a competitive product or service,
- Design or build a product using similar ideas, features, functions, or graphics of the Service or Website or
- Copy any ideas, features, functions or graphics of the Service or Website.
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;
- Launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web 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;
- Post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of the proprietary rights;
- Remove any copyright, trademark or other proprietary rights notices contained in the Website
- Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
- Send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortuous material, including material harmful to children or that violates the third party privacy rights;
- Send or store material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
- Attempt to gain unauthorized access to the website;
- Interfere with or disrupt the integrity or the performance of the Website, or Service or the data contained therein;
- Authorize others to use your account;
- Assign or otherwise transfer your account to any other person or legal entity;
- Use an account that is subject to any rights of a person other than you without appropriate authorization;
- Use the Service or Website for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
- Refuse to provide us with whatever proof of identity we may reasonably request;
- Refuse to comply with all the applicable laws from your home nation, the country, state and/or city in which you are present while using the Website or the Service.
LCAT will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. LCAT may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms.
CONSEQUENCES OF BREACH OF TERMS
Without limiting other remedies that LCAT may pursue, we may at our sole discretion take such action as it deems fit including but not limited to limit your activity, immediately remove your information, warn other users of your actions, forthwith temporarily/indefinitely suspend or terminate or block your subscription, and/or refuse to provide you with access to the Website or initiate any legal action it may deem fit, particularly in the event:
- You breach any of the provisions of this User Agreement including any of the rules and policies, documents, terms and conditions made there under which are incorporated therein by reference;
- Failure of verification or authentication of any information provided by you;
- If we believe that your actions may cause legal liability for you, other users or us.
- If you fail to immediately rectify such breach upon receiving written notice thereof from us.
No actions, omissions or decisions taken by the Company shall waive any rights or claims that the Company may have against the user.
We may at any time at our sole discretion reinstate suspended users.
Any user that may have been suspended or blocked may not register or attempt to register with the Website or use the Website in any manner whatsoever until such time that such user is reinstated by the Company.
Notwithstanding the above, if you breach the Agreement or the rules and policies and other documents incorporated therein by reference, LCAT reserves the right to forfeit the money paid by you to us and to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or civil or other proceedings against you.
LCAT reserves its right to initiate civil and/or criminal proceedings against a user/s, who furnishes invalid/false claim or misleading information to LCAT.
Any person who, knowingly and with an intent to injure, defraud or deceive LCAT, files fraudulent information containing false, incomplete, or misleading information shall be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
TERMS AND TERMINATION OF THE CONTRACT
There shall be no contract between LCAT and the user/s until the services are availed by user/s against consideration.
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.
You agree and acknowledge that a violation or breach of any term of this EULA or the misuse of the Website or Service (In LCAT’s opinion) will result in immediate termination of the services provided to you.
You accept that LCAT is entitled to terminate your contract at all times, with immediate effect and without giving any prior notice by disabling your use of the Website and the Services you are availing, at its sole discretion. LCAT is under no obligation to assign any reason.
DEFICIENCY IN SERVICE
During the Service Contract Period, we shall endeavour to maintain commercially acceptable levels of Service availability and ensure that the user is not prevented from making use of the Service as a result of any deficiency or problem in the Network.
However, User agrees and acknowledges that LCAT reserves its right to suspend the operation of the website for reasons, including but not limited to updation, repair and technical fault, at its sole discretion. LCAT is under no obligation to assign any reason for the same.
Service quality, functionality or availability may be affected and the Company shall not be liable for such disruptions/interruptions in any manner including for deficiency of service under the applicable laws, due to but not limited to following reasons;
- Planned updation/repairs, modifications or maintenance notified to user in advance;
- Force Majeure Events;
- Any fault in or damage to Service Equipment or Network or components thereof for reasons beyond the reasonable control of the Company;
- Any complaint by the User which the Company, after due investigation, finds to be without any basis;
- Any order from the state or central government.
LCAT 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 question in any manner, any such suspension/termination of services by LCAT.
You confirm that you (alone) shall be responsible and will bear consequences and will defend, indemnify and hold us harmless from any losses, liabilities, damages, costs and expenses, claim or demand, or actions including reasonable attorneys’ fees asserted against or incurred by us, claims made by any third party, caused /arising out of or in connection with 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 any applicable law or regulation, whether or not referred herein;
- Your violation of any rights of any third party, including with Counsellors/consultants arranged via the Website.
The Website, Services and information/recommendations provided to you on or through the Website or otherwise, is for general information purposes only as bonafide guidance and does not constitute any commitment of performance of user in any manner.
LCAT endeavours to provide the utmost quality of the services rendered and shall make every effort to keep the site and its contents correct and up to date. However, User agrees and acknowledges that we make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be free of errors, defects, malware and viruses and/or uninterrupted.
LCAT may use the services of third parties to provide information or permit their advertisement on the Website. User accepts hereby that we have no control over this information and we shall not be responsible for or makes no representations or warranties of any nature as to its accuracy, assurances, appropriateness or correctness. The user agrees that such information is provided "as is" and that LCAT shall not be liable for any losses or damages that may arise from the user's reliance on it, howsoever these may arise.
LIMITATION OF LIABILITY
LCAT will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website, for any direct, indirect, incidental, special, consequential or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data or other intangible losses arising out of or in connection with the website, its services or this agreement (however arising, including negligence).
These limitations of liability apply even if LCAT has been expressly advised of the potential loss.
By using this website, you agree that the exclusions and limitations of liability set out in this agreement are reasonable. If you do not think they are reasonable, you must not use this website and must exit the website.
You accept that, LCAT has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against LCAT’s directors, officers, employees, agents, sponsors, consultants, business partners or other representatives ('service providers') in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this agreement will protect LCAT’s directors, officers, employees, agents, sponsors, consultants, business partners or other representatives ('service providers') as well as LCAT.
If any provision of this agreement is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this agreement.
You are prohibited to engage in direct or indirect communication with counsellors/consultants of LCAT except for the purposes of the services availed by you.
LCAT intermediate the communication between user/s and the counsellors which shall be limited for the purposes of the services availed and LCAT shall not be responsible for any communication between the user and the counsellor 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
When you visit https://www.lcat.in/ or send e-mails 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 e-mail or by posting notices on our website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, satisfy any legal requirement that such communication be in writing.
LCAT may give notice by means of a general notice on the Website, or by electronic mail to your e-mail address on record in LCAT’s account information, or by written communication sent by regular mail to your address on record in LCAT’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.
LCAT is always open to the suggestions of the user/s and user/s shall endeavour to suggest improvements and notify LCAT of any errors or deficiencies, compatibility problems, and other information regarding our website (together, the "Feedback") that may enhance the utility to the user/s for the benefit of user/s as well as LCAT. However, we are not bound by any such suggestions in any manner whatsoever and incorporating such feedbacks is in our sole discretion.
The parties hereto agree that any feedback or ideas they provide to us regarding any Licensed Technology or any suggested improvements thereto (together, the "Feedback") will be the exclusive property of LCAT. To the extent the party owns any rights in the Feedback, the party hereby agrees to, and hereby does, assign all right, title and interest in and to the Feedback to LCAT. The parties hereto agree to perform all acts reasonably requested by LCAT to perfect and enforce such rights.
LCAT shall charge the fee for the services provided as per the structure provided on the website (unless otherwise stated, all fees are quoted in INR). You accept to pay for services, which are subject to payment, as mentioned therein, before using the services, with the payment mechanism associated with them.
You further undertake not to raise any dispute about 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.
LCAT uses third party payments providers to receive payments from user. LCAT is not responsible for delays or erroneous transactions execution or cancellation of orders due to payment issues. LCAT takes utmost care to work with third party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
The User agrees and acknowledges that the payment procedure may call for and require additional verification of or information from the User and the User undertakes to provide complete, correct and proper information.
The fee to be charged by LCAT from users shall be decided solely by LCAT and the user/s shall have no right/say to interfere in the same. Fees may vary based on your location and other factors, and LCAT reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy.
The user agrees to bear all applicable taxes, charges, cess etc. levied on the services being rendered to the user, as notified by the Central/State Govt. from time to time, unless already included in the price offered.
LCAT renders services including but not limited to counselling, assessment tests 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 fee paid by the user/s. The user/s is therefore deemed to have understood and accepted that once the fee is paid to LCAT as per the services availed, there shall be no refund of the said fee.
The parties shall attempt that in the event of there being any dispute between them during the use of the website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the documents they incorporate by reference or anything relating to the present EULA, the dispute is settled by mutual discussion. In the event of failure of discussion, the dispute shall be referred to a sole Arbitrator, who shall be an independent and neutral third party appointed by LCAT. The place of arbitration shall be Calicut, Kerala, India. The Arbitration proceedings shall be in the English Language and shall be governed by Arbitration & Conciliation Act, 1996 as amended up to date.
Each of the clauses of this Agreement operates separately. If any Court or any other relevant authority decides that any of them are unlawful or unenforceable, it shall not affect the validity and enforceability of the remaining clauses of the Agreement and they will remain in full force and effect.
No rights and obligations under this Agreement shall be assigned by Licensee whether voluntarily or involuntarily or by operation of law, in whole or in part, to any party without the prior written consent of LCAT, which may be granted or refused at our sole discretion. No such assignment by Licensee howsoever occurring shall relieve the Licensee of its obligations hereunder. Any assignment in violation of this clause shall be null and void from the beginning, and shall be deemed as a material breach of this Agreement.
LCAT may transfer its rights and obligations (also known as “assign”) under this Agreement without your prior express consent, provided that such an assignment will be on the same terms or terms that are no less advantageous to you as stated in this Agreement.
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.
The parties hereto agree that any matter or issues arising hereunder or any dispute hereunder shall be subject to the exclusive jurisdiction of the courts situated at Calicut, Kerala, India. You undertake not to raise challenge to the jurisdiction clause in any manner and accept the jurisdiction of the Courts at Calicut.