Terms and Conditions
Version date: June 01, 2021
The following are the terms and conditions of accessing or using any of our website, mobile site, mobile app etc. (hereinafter “Platforms”) developed and operated by ProSeek Consulting Services (OPC) Pvt Ltd and our affiliated companies (hereinafter "Find What Next").
Your use of this Platform at any time constitutes a binding agreement by you to abide by these Terms and conditions whether or not you become a registered user of the services. The Terms and Conditions and Privacy Policy as amended by us from time to time govern your use of our platforms. You acknowledge and agree that, by accessing or using our Platforms, you are indicating that you have read and that you understand and agree to be bound by these terms and receive our services. The terms are also applicable to the comments (reviews) you leave explaining your personal experience as a student, and any information you specify or share on our platforms.
We may, at our sole discretion, modify or revise these Terms and Conditions and Privacy Policy at any time. You should check the Terms and Conditions from time to time to ensure that you are aware of any revisions/modifications and you are familiar with the current version of the Terms of Use of our Platforms / Products / Services.
1. Registration/Password
1.1 Although parts of our Platforms may be used by any visitor, you will need to register as a member to access certain features of the Platforms, to contribute or use any of our community features, to download eBooks, to show willingness to apply and/or to apply to educational institutions, to access demo/mock tests/ test preparation material, to access various tools and services on the platform etc. Registration on our platforms is free.
1.2 To register as a member, you must confirm that you are over 18 years of age. If you are less than 18 years old, please refer Section 3 below.
1.3 You agree that any information you provide us about yourself after registration or at any other time is true, accurate, up-to-date and complete. We reserve the right to terminate your membership and access to our platform if we learn that you have provided false or misleading information.
1.4 By registering, you agree to make your contact details available to partners / business associates of the Platform and to receive promotional communication (emails/SMS/others) from the Platform or any of its partners or business associates.
1.5 When you register to use our platform, you will be asked to create a username and password. You agree not to divulge your password to any other person/entity and take complete responsibility to maintain its confidentiality. Find What Next will not be responsible for any liabilities (in part or full) arising in connection with the use (or misuse) of your password; regardless of whether such use or misuse is with or without your knowledge or consent. If you suspect that someone else knows or is using your password, you must change the password and notify us immediately by emailing us at support@findwhatnext.com.
1.6 If you forget your password, we have an option to reset your forgotten password. If that does not work, please reach us an email at support@findwhatnext.com.
1.7 We have the absolute discretion to cancel your username/password at any time if we suspect it is being used by an unauthorized person/entity.
2. Your use of our platforms
2.1 All information, documents, software, images, photographs, text, services and other similar materials (collectively "Materials") contained in this platform are provided by ' Find What Next ' or its third-party manufacturers, authors, developers and vendors ("Third Party Providers") and are the copyrighted work of Find What Next and/or the Third-Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Find What Next or the Third-Party Providers
2.2 No part of the Platforms, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Find What Next
2.3 You agree that the following actions are prohibited
2.4 For the purposes of these terms, “content” refers to all data, text, logos, artwork, software, documents, images, photographs, learning material and other materials downloaded from our platforms. This also includes any material you may upload including information about yourself, and comments about your experience as a student or about your study interests etc.
2.5 You must ensure that any content that you submit to our platforms
2.6 You agree that you will not use our platforms
2.7 You will be for responsible for logging out from your registered account at the end of each session on our platform
2.8 If you are a visitor, you agree not to obtain unauthorized access to areas of our platform reserved for members
2.9 If you are aware of anything on our platform which appears to infringe these terms, you agree to contact us immediately
2.10. If you are a university, college, school, educational service provider or any other entity partnered with Find What Next where Find What Next shares details of students who have expressed willingness to apply for your programs:
3. Under 18 years of age
3.1 If you are under 18 years of age and want to become a member, you must obtain a parent or guardian's permission before registering on our platform. You may also discuss these terms with them before obtaining their permission.
3.2 If you are a member under 18 years of age, you will need to obtain a parent or guardian's permission before taking part in any online discussions. You should never reveal personal information about yourself, such as your address, telephone number, and school name etc., to other users.
3.3 You cannot register on our Platforms if you are less than 13 years old. We do not intentionally collect, record or maintain personal information of those who are under 13 years of age.
4. Content posted
4.1 None of the views expressed in the user content section are the views of the Find What Next team. Our role is limited to and does not extend beyond the provision of the platform. You acknowledge that all such content is the responsibility of the person/entity who posted, emailed or otherwise provided the content to our platforms. We are not responsible in any way for any user-managed content and if you post, email, upload or otherwise provide content, you are entirely responsible for it.
4.2 We do not necessarily endorse, support, encourage or agree with the opinions, advice, statements, or other information or content posted by you.
4.3 By submitting or posting content on our platforms, you grant to Find What Next a non-exclusive, irrevocable, perpetual, royalty free, sublicensable worldwide license to use, reproduce, copy, modify, publish, reformat the content posted by you. Further, you authorize us to adapt such content and you agree to waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question
4.4 However, we operate a "Notice and Take down" procedure. If you believe that any content is defamatory, profane, sexually or racially offensive or discriminating, harassing, threatening, obscene, pornographic, false, unreliable or misleading or otherwise objectionable, or infringes intellectual property or other legal rights please notify us immediately by email. We will investigate each matter notified to us and will act in our sole discretion.
4.5 We have the right in our absolute discretion to alter, edit, remove, suspend or refuse any content without notice, if we consider that the content is objectionable or violates these terms or for any other reason
4.6 If you post content which is found to be in breach of these terms, we reserve the right to deactivate your username and password to prevent you from further access to our platform as a member.
4.7 We may preserve or disclose the content and your personal details as well as any content to any third party, if such disclosure is necessary
4.8 Our platforms are not responsible in any manner whatsoever for how any search engine -- such as Google, Bing etc. -- caches or displays the comments posted by you.
5. Intellectual property rights
5.1 All the content, material, trademarks, service marks, trade names, software, text, script, images, graphics, videos, audio, preparation material with questions and solutions etc. contained in the Website, Application, Products / services are proprietary property of Find What Next (“Intellectual Property”) and protected by the governing laws and regulations in India.
5.2 You may view, print, download or temporarily store such content for your personal, non-commercial reference without alteration, addition or deletion. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer such content. You acknowledge that you will not acquire any intellectual property rights by downloading or otherwise using any such content
5.3 All other trademarks, service marks and logos used on the Platforms are trademarks, service marks and logos of their respective owners such as universities, colleges, schools, educational service providers, organizations etc.
5.4Find What Next respects intellectual property rights of any third party. If we receive any communication with regard to any possible infringement of any intellectual property right of any third party, we shall remove the infringing content from the Platforms and terminate the account of the associated user.
5.5 When you submit content on the Platforms, you grant us a royalty-free, perpetual, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and communicate to the public such content.
6. E-learning / test preparation products
6.1 The Company shall have the right to monitor the usage of the e-learning / test preparation products by the user, to analyse the usage and to communicate with the user, seeking feedback, mentoring the user to enable effective and efficient usage of the application / products purchased/acquired by the user
6.2 The contents of the Application / products are developed on the concepts covered in the syllabus prescribed for each of the competitive exams / courses. The usage of the Application/Services/products is not endorsed as a substitution to the curriculum-based education provided by the educational institutions but is intended to supplement such education by explaining and presenting the concepts in a manner that enables easy understanding. Purchase of any product or subscription to the Application or usage of our products / services / Platforms does not in any manner guarantee admission to any educational institutions, passing of any exams or achievement of any specified percentage of marks in any examination.
6.3 When you enrol for any test preparation product, you may be asked to upload profile picture, submit verifying phone number, enrolment number of the entrance exam etc.
6.4Find What Next makes no warranty that: (a) the Site will meet your requirements; (b) the Site will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the site or any services offered through the Platforms will be accurate or reliable.
6.5 Regarding test preparation products or services, every effort has been made to offer the current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. Find What Next disclaims any responsibility for any errors and accuracy of the information that may be contained in the Platforms / Products / Services. Any feedback from User is most welcome to make the Platforms / Products / Services and contents thereof error free and user friendly.
6.6Find What Next also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither Find What Next nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Platforms for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
6.7 You will not use the Platforms / products / services for commercial purposes of any kind or of any unlawful purposes or in a way that it harms Find What Next and/or its interests (express or implied)
7. Applying to Educational institutions through Common Form
7.1 If you are applying to any college / university (Institution) by using ‘Common Form’ on our Platform, you will take complete responsibility for the completeness and accuracy of the personal and academic information submitted in ‘Common Form’. You undertake and agree that the information submitted in the ‘Common Form’ is factually true and correct
7.2 You understand that you will have to check the eligibly criteria for the course(s) for which you are submitting application(s) and that you apply only to those Institutions where you fulfil the eligibility criteria and which meet your requirements
7.3 You authorise Find What Next to share the information provided by you with Institutions to whom you are applying
7.4 The information submitted in ‘Common Form’ is not a complete application form and Institution/s may contact you for additional information, as and when required
7.5 You agree to notify the Institution/s you submit applications for directly about any change/s in the information submitted in Common Form
7.6 You understand that any change/s in the information made after application is submitted would not be shared with the Institution/s. You need to contact the institution directly, if you wish to change any information submitted in the ‘Common Form’
7.7 Applying through ‘Common Form’ does not guarantee admission and/or provide any preference in application process
7.8 The Institutions whose applications are featured and allowed through ‘Common Form’ platform are our advertisers / partners and it is solely your responsibility to review the details of the Institutions and their programs before applying
8. Mobile Services
The subscriber availing this service shall be deemed to have consented to be bound by all the applicable terms and conditions of this service. Decision of Find What Next regarding all transactions under this service shall be final and binding and no correspondence shall be entertained in this regard
9. Cookies
When we provide services, we want to make them easy, useful and reliable. Where services are delivered on the internet, this sometimes involves placing small amounts of information on your device, for example, computer or mobile phone. These include small files known as ‘cookies’. They cannot be used to identify you personally.
These pieces of information are used to improve services for you through, for example:
10. Payment Terms for the Paid products
10.1 Amount payable towards any of the paid products like Counselling products, Test preparation products, Common Form etc., will be displayed to the user before he/she makes payment. Unless otherwise expressly mentioned, full payments towards any of the products or services offered by Find What Next shall be made before accessing the programs or services. It is the sole responsibility of the user purchasing a product or service on our Platform to assess the suitability and relevance of the product of service proposed to be purchased.
10.2 We generate system generated invoice with regard to the products or services purchased on our Platforms. The amount payable by the user is inclusive of all the taxes, as applicable.
10.3 If you are allowed to make the payment by using instalments or staggered payments option and/or if the payment is not received within stipulated time periods, Find What Next may withdraw your access to the Program till the payment is made.
10.4 In the event of any suspension or termination of services on account of non-compliance of these Terms of Use, any payment made to the Company by you shall stand forfeited with immediate effect
10.5 It is the sole responsibility of the user enrolling into a program or availing a subscription/service to check the accuracy of, and evaluate the suitability and relevance of the program selected. The enrolment into a program and applications submitted through Common Form are non-transferable.
10.6 To make payment for any program or to purchase any services or products offered through Find What Next platform, you must have internet access and a current valid accepted payment method as indicated during sign-up ("payment method"). Find What Next does not store any of your credit/debit card/bank account/other payment method information or such other information restricted by the Reserve Bank of India (RBI) for processing payment and has partnered with payment gateways for the payment towards the services. By using a third-party payment provider, you agree to abide by the terms of such a payment provider. You agree that in case Find What Next third-party payment provider stores any such information, Find What Next will not be responsible for such storage, and it will be solely at your discretion to allow the third party to store such information. Any loss of such information or any loss incurred by you due to the usage of such information will be solely a loss incurred by you, and Find What Next is in no way liable for any such losses and is neither responsible to reimburse / make good such losses in any manner whatsoever. You also agree to pay the applicable fees for the payments made through the platform
10.7 Failure to pay may result in withdrawal of your access to a program/service. Depending on where you transact with us, the type of payment method used and where your payment was issued, your transaction with us may be subject to foreign exchange fees or exchange rates. Find What Next does not support all payment methods, currencies or locations for payment. All applicable taxes are calculated based on the billing information you provide to us at the time of enrolment/purchase.
11. Refund / Cancellation Policy
Amount paid towards products purchased will neither be refunded nor adjusted under any circumstance. Our customer service team would be available to address any concerns related to the product and services rendered by us.
However, if you have purchased products under ‘guaranteed success’ facility, the amount would be returned in case of not meeting the minimum guarantee promised, provided that you have engaged with the portal with minimum number of hours and taken up a minimum number of tests specified against each such package sold under such facility.
For further information, please write to us at support@findwhatnext.com or connect to customer care on +91 96069 22334
12. Indemnification
You agree to indemnify, defend and make good Find What Next, employees, contractors, licensors, third party suppliers, partners, from any claims, losses, damages, liabilities and expenses arising out of any use or misuse of the Platforms, infringement of intellectual property rights, any violation of the Term or any breach of the representations, warranties made herein.
13. Warranties & Disclaimer
13.1Find What Next makes reasonable efforts to ensure that the Platforms are safe to use and accurate. You expressly understand and agree that your use of the platforms, the content, products and services is at your sole risk. All content and material on the platforms are provided on an AS IS and AS AVAILABLE basis. Find What Next expressly disclaims all warranties and conditions of any kind whether express or implied.
13.2Find What Next makes no warranty that the
13.3 Though the website has been designed with utmost care, yet due to some inevitable error quotient in human processing, the graphics and documents may have some typographical or technical errors which will be removed or edited from time to time as the website will be updated. You understand and agree that we do not guarantee the accuracy, relevancy or completeness of any information in or provided on or from our platforms. In no unprecedented or already occurred event, Find What Next and / or its Supplier/Licensor shall not bear any liability to any party or individual for any Direct/Indirect, Special or other Consequential Damages pertaining to the usage of websites, information on them or any other hyperlinked website inclusive of any limitation, lost profits, interruption of business, program loss or any other data loss while handling the information or system or otherwise even of the Pathfinder Group has been expressly apprised of the probability and possibility of such damages. Our platform is provided for the general information of the general public
13.4Find What Next expressly disclaims warranties of any kind for any use of or any access to any of its platform, to any material, information, links, or content presented on its platforms, to any external website linked thereto, and to any material, information (including any software, products, or services), links, or content linked thereto including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Find What Next has no control over any external website or over any external material, information, links, and content linked to its platforms. Certain jurisdictions do not permit the exclusion of implied warranties and the foregoing exclusions of implied warranties may not apply to you. There are no guarantees and no warranties of online availability, impressions, and click-throughs. The entire risk as to the performance of, or non-performance of, or arising out of the use of, or the access of, or the lack of access to our platforms, any material, information, links, or content presented on the platforms to any external website linked thereto, or to any external material, information, links, or content linked thereto, is borne by the user, visitor, customer, or other person.
13.5 Your use and participation in our platform and services are solely at your own risk. No advice or information, whether oral or written, obtained by you from our platform shall create any warranty not expressly made in these terms or imposed by law
13.6 We explicitly disclaim, and will not accept any responsibility for any of the following in respect of the sites that we link to
13.7 Purchasing and Ordering Disclaimer: If You are making or planning to make any decision, whether personal or business decisions, based on the content on the site, you should conduct an independent verification before making your decision. In the case of any listings or banners displaying any content related to any educational products, you may contact the institution/individual directly. In the case of test preparation products or counselling products, you have to review and verify the offerings, and seek more details if needed before making the decision to purchase any product or service. All decisions made would be entirely your prerogative and Find What Next does not claim to offer any advice, either legal or financial in this regard. Find What Next doesn't take any ownership, directly or indirectly towards any person/entity whatsoever, with respect to banners hosted on its websites/Platforms by its customers, which are strictly in the nature of sale of space by websites/Platforms and it has not carried out any independent verification on the authenticity or compliance requirements, as may have been required under any law at the time being in force, of such images/ banners/ listings
14. Limitation of liability
14.1 In no event shall the Company, its affiliates, directors, officers, employees, partners, advertisers, licensors, suppliers or agents be liable to you or any third party for any special, incidental, indirect, consequential, punitive or exemplary damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, your use of, or access to the Platforms
14.2 Except as required by law, we will not be liable for any direct losses or damages arising in contract, tort (including negligence) and for any reason
14.3 Except as required by law, we shall not be liable for any indirect, incidental, special or consequential losses or damages or loss of profits, data, goodwill or revenue. We shall also not be liable in each case regardless of whether such losses or damages arise in the normal course of events or whether we have been advised of the possibility of such damages and whether such losses or damages arise in contact or tort (including negligence) and for any reason
14.4 Our platforms bear no responsibility for any accident, injury or loss of life to any individual or group of people resulting from accessing the information hosted on its network of websites
15. Governing Law
The terms and conditions shall be governed by and construed in accordance with laws in force in India. Any disputes arising here from shall be subject exclusively to the jurisdiction of the courts of law in Delhi, India.
You acknowledge that you have read and accept these terms and conditions. If you do not agree to these terms and conditions, you may choose not to become a user of our Platforms.
For further information, please write to us at support@findwhatnext.com or connect to customer care on +91 96069 22334
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