TERMS OF SERVICE/USE AGREEMENT

Last revised date: 19th Jun 2017

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Service Agreement (the "Agreement") governs your  (“Mentor”, “candidate, “you”) use of this website, www.gocrackit.com (the "Website", “We”, “Our”, “Us”), offer  various mentoring services including, but not limited to, mock interviews and resume/essay reviews and any other related professional products/services through this Website.

This Terms of Service Agreement (the "Agreement") is also applicable for mentoring services, as detailed in the above point, governs your  (“Mentor”, “candidate, “you”) use/ conduct while you are engaging in a discussion for above services through GoCrackIt even without the use of website (referred to  as hereafter “Offline”).

 This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. We reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. We will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. We encourage you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Us for other products/services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.

I. PRODUCTS/ SERVICES THOUGH WEBSITE OR OFFLINE

Terms of Offer. This Website offers for sale certain products & services (the "products", “services”, “product/services”), including but not limited to, mock interviews, resume/essay reviews and any other related professional product/services through this Website. By placing an order for products/services through this Website, you agree to the terms set forth in this Agreement. This is also true for Offline services through GoCrackIt.

Customer Solicitation: Unless you notify our third party call center reps or direct sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from Us and its designated in house or third party call team(s).  

II. WEBSITE/ OFFLINE

Content; Intellectual Property; Third Party Links. In addition to providing the services as mentioned above, this Website also offers various information. This Website also offers information, both directly and through indirect links to third-party websites, about interviews preparation, practices & related content. We do not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that We do create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. We do not endorse the contents on any such third-party websites. We are not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.  This is also applicable for Offline Services.

Use of Website/ Offline services; We are not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.  This is also applicable for Offline Services.

License for Website/ Offline Content. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Us or the applicable third party (if third party content is at issue). This is also applicable for Offline Services.

Posting in Website/ Sharing Offline. By posting, storing, or transmitting any content on the Website, you hereby grant Us a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Wedo not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post.  We are not liable for any damage or harm resulting from any posts by or interactions between users. We reserve the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content We  deem objectionable. This is also applicable for Offline Services.

Mentors’ & candidates’ conduct in services through Website/ Offline: One can become mentor to our Website by getting invitation from Us. It is the responsibility of the mentor to seek necessary approval from their existing employer, if required. We shall not be liable for any dispute which may occur, if any, between mentor & its employees due to your services at Our Website. Additionally, mentor will be solely responsible for maintaining the quality of his/her services. We do not control the accuracy of the postings by the mentor & candidate. We do not guarantee any job/ convert from our services. All transactions between mentor & candidate will be billed through Us.  Mentor will not transmit any harassing, unlawful, abusive, vulgar, obscene, racist, harmful or any objectionable material of any kind. Mentor/ Candidate will not break any applicable local, national, international law, statute, rule regulation or ethical code. We reserve, with Our absolute discretion, the right of reviewing the profile of mentors/ candidates, remove/ refuse to post or transmit in full/ part any content uploaded by mentors/ candidates. In these cases, We will not be liable to inform mentors/ candidates for Our refusal/ removal. Mentors/ candidates will bear all risks associated with uploading/ transmitting materials utilizing Our Website, including reliance on its accuracy, reliability & legality. The main purpose of this Website is to connect the mentor & candidates. We do not screen/ edit the communication between mentors & candidates. We may, however, copy, transmit & review all communications conducted by/ through the Website for knowledge management, training, understanding good practices through your submitted documents (for e.g. CVs, essays, SOPs etc.) , technical support and/or in order to uphold the terms of this Agreement. We do not claim that the content of the Website can be downloaded outside India. If you are downloading from our Website from outside India, you may do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct & acceptable content.  This is also applicable for Offline Services.

III. DISCLAIMER OF WARRANTIES

YOUR USE OF THIS WEBSITE AND/OR PRODUCTS/SERVICES THROUGH OFFLINE ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS/SERVICES ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. We EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS/SERVICES OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS/SERVICES. ("PRODUCTS/SERVICES" INCLUDE TRIAL PRODUCTS/SERVICES.)

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, We MAKE NO WARRANTY:

THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. 

AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS/SERVICES OR THAT DEFECTS IN PRODUCTS/SERVICES WILL BE CORRECTED. 

REGARDING ANY PRODUCTS/SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

IV. LIMITATION OF LIABILITY

OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT, OFFLINE SERVICES AND PRODUCTS/SERVICES THROUGH WEBSITE AND/OR OFFLINE AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS/SERVICES PURCHASED VIA THE WEBSITE.

WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS/SERVICES IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS/SERVICES THROUGH WEBSITE/OFFLINE ; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS/SERVICES OR CONTENT; (3) ANY PRODUCTS/SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

V. INDEMNIFICATION

You will release, indemnify, defend and hold harmless Us, and any of its mentors, contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products/services (including Trial Products/services); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Us. When We are threatened with suit or sued by a third party, We may seek written assurances from you concerning your promise to indemnify Us; your failure to provide such assurances may be considered by Us to be a material breach of this Agreement. We will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products/services, with counsel of Our choice at its expense. We will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Us against any claim, but you must receive Our prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products/services. This is also applicable for Offline Services, as applicable.

VI. PRIVACY

We believe strongly in protecting user privacy. Please refer to Our Privacy Policy below.

VI. AGREEMENT TO BE BOUND

By using this Website or ordering Products/services or giving/ taking mentoring services through website/ Offline, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website. 

VIII. GENERAL – Website and/ or Offline

Force Majeure. We will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Cessation of Operation. We may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products/services.

Entire Agreement. This Agreement comprises the entire agreement between you and Us and supersedes any prior agreements pertaining to the subject matter contained herein.

Accuracy of content. We have taken all the necessary care for the preparation of the content of the Website. We disclaim all warranties, express or implied, as to the accuracy of the information contained in the content in this Website. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the content of this Website.

Effect of Waiver. The failure of Us to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Governing Law. This Website originates from the Bangaluru, India. This Agreement will be governed by the laws of the State of Karnatka without regard to its conflict of law principles to the contrary. Neither you nor Us will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Karnatka. By using this Website or ordering Products/services, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products/services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

Termination. We reserve the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and We may, in Our sole discretion and without advance notice to you, cancel any outstanding orders for Products/services. If your access to the Website is terminated, We reserve the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until We choose, in Our sole discretion and without advance to you, to terminate it.

Domestic Use. We make no representation that the Website or Products/services are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. We may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

BY USING THIS WEBSITE OR ORDERING PRODUCTS/SERVICES FROM THIS WEBSITE AND/OR giving/ taking mentoring services through website/ Offline YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

IX. PRIVACY POLICY

We recognize the importance of maintaining your policy. We value your privacy & appreciate your trust in us. This policy describe how we treat user information we collect on www.gocrackit.com & other offline sources. This Privacy Policy applies to current & former visitors to our website & to our online customers by visiting and/or using our website, you agree to this Privacy Policy. This also applies to our mentors and also includes services given through Offline.

By using this website & providing all your details, you consent to the terms of our Privacy Policy, By registering to this site/ requesting services from this website/ by providing services through this website & all other related transactions in this website, you confirm your consent to this Privacy Policy and agree that We can share with you the information about our products/ services & other related informations. If you are not comfortable with the terms & conditions described in the Privacy Policy, we request you to discontinue the use of this Website. This also applies to our mentors and also includes services given through Offline.

INFORMATION WE COLLECT

 The information we collect are, but not limited to, name, email address, phone number, documents such as statement of purpose, essays, application letters, educational details, professional experience details, other related details.

 Some of the details ,including but not limited to, credit card/ debit card/ net banking, you shall be required to fill during the payment you will be making in the website. We NEVER collect your credit card number or credit card expiry date or other details pertaining to your credit card on our website. This applies to not only credit card but all other mechanism of payment such as debit card, net banking etc.

 We may collect the information you post in a public space on our website or on a third party social media site belonging to Us. We may also collect demographic information about you, or any other information provided by you during the use of our website. We might collect this as a part of surveys also. If you use our website, we may collect information about your IP address & the browser you are using. We might look at what site you came from, duration of time on our website, pages accessed or what site you visit when you leave us. We might also collect the type of mobile device you are using or the version of the operating system your computer or device is running.

 We receive & store certain types of information whenever you interact with us. We may use the Cookies while you access the Website. We shall send you the emails for various purposes such as registration mail, appointment mails, information mails, marketing mails, payment mails, cancellation mails & other related mails, whenever required. You might also receive SMS/ voice mail/ Skype/Google Hangout sessions/ other communication media for various purposes. For mentors also we  store various information which will be available in our Website transparently including their ratings, user feedbacks & other related informations, which We deem fit to be displayed in the Website. We will also share the learnings & the details of your interactions in the Website for peer learnings.
All of the above is also applicable for offline services. 

INFORMATION WE COLLECT IN DIFFERENT WAYS

We collect information directly from you when you contact us. We also collect information if you post a comment on our websites or ask us a question through phone or email.

We collect information from you passively. We use tracking tools like Google Analytics, Google Webmaster, browser cookies and web beacons for collecting information about your usage of our website.

We get information about you from third parties. For example, if you use an integrated social media feature on our websites. The third-party social media site will give us certain information about you. This could include your name and email address.

 All of the above is also applicable for offline services. 

USE OF YOUR PERSONAL INFORMATION

We use information to contact you: We might use the information you provide to contact you for confirmation of a purchase on our website or for other promotional purposes.

We use information to respond to your requests or questions. We might use your information to confirm your registration for an event or contest.

We use information to improve our products/services. We might use your information to customize your experience with us. This could include displaying content based upon your preferences.

We use information to look at site trends and customer interests. We may use your information to make our website and products/services better. We may combine information we get from you with information about you we get from third parties.

We use information for security purposes. We may use information to protect our company, our customers, or our websites.

We use information for marketing purposes. We might send you information about special promotions or offers. We might also tell you about new features or products/services. These might be our own offers or products/services, or third-party offers or products/services we think you might find interesting. Or, for example, if you buy product(s) from us we'll enroll you in our newsletter.

We use information to send you transactional communications. We might send you emails or SMS about your account or a purchase.

We use information as otherwise permitted by law.

 All of the above is also applicable for offline services. 

SHARING OF INFORMATION WITH THIRD-PARTIES

We will share information with third parties who perform services on our behalf. We share information with vendors who help us manage our online registration process or payment processors or transactional message processors. Some vendors may be located outside of India.

We may share information if we think we have to in order to comply with the law or to protect ourselves. We will share information to respond to a court order or subpoena. We may also share it if a government agency or investigatory body requests. Or, we might also share information when we are investigating potential fraud.

We may share information with any successor to all or part of our business. For example, if part of our business is sold we may give our customer list as part of that transaction.

We may share your information for reasons not described in this policy. We will tell you before we do this.

All of the above is also applicable for offline services. 

EMAIL OPT-OUT

You can opt out of receiving our marketing emails. To stop receiving our promotional emails, please email support@gocrackit.com. It may take about ten business days to process your request. Even if you opt out of getting marketing messages, we will still be sending you transactional messages through email and SMS about your purchases.

All of the above is also applicable for offline services. 

THIRD PARTY SITES

 If you click on one of the links to third party websites, you may be taken to websites we do not control. This policy does not apply to the privacy practices of those websites. Read the privacy policy of other websites carefully. We are not responsible for these third party sites.

All of the above is also applicable for offline services. 

 USE OF COOKIES

Some of our applications use cookies to identify your system/ sessions to Us a unique user when you visit the Website, We may also track the information regarding traffic to the Websites, usage to improve the user experience & other analysis purposes. We do not collect any personalized identifiable items. You have an option of preventing cookies being set in your computers/ systems. 

 SERVER LOGS

To improve the browsing experience, we may also collect server statistics while you browse to our website.

 SOCIAL MEDIA

Using various social media links, including but not limited to, Facebook/ LinkedIn/Others, your IP address might be collected depending on the page that is being visited & the Website may set cookies for proper functioning. The interactions by you in these features are governed by the privacy policy of these companies.

 SECURITY

The payment details are entered on the Payment Gateway’s or Bank’s page on a secured SSL. . The data is transferred between Bank and gateways in an encrypted manner. We continuously strive to protect your information. However, please keep in mind that transmitting information through internet is never completely safe and hence any information submitted by you can be intercepted, collected, used or disclosed by others. As per our security procedures, we may ask you to login through your id/ password. You are responsible for protecting against unauthorized access to your password. We are not responsible for security & confidentiality of the message you send us through email/ SMS etc.

All of the above is also applicable for offline services. 

OUR LOGO
Use of Our logo is not permissible without prior written consent from us.

X. NOTICES/REVISIONS

If you choose to visit our Website, your visit & dispute over privacy, if any, will be subject to this document, including limitations on damages, resolution of disputes, and application of the laws of India.

 If you have any concerns with this document (TERMS OF SERVICE/USE AGREEMENT and PRIVACY POLICY), please write to us at support@gocrackit.com, we will look into it & try to resolve it. With the changes in business, our TERMS OF SERVICE/USE AGREEMENT and PRIVACY POLICY will be keep changing, with Our absolute consent, and being updated in our Website. We encourage you to continuously check TERMS OF SERVICE/USE AGREEMENT and PRIVACY POLICY. Unless stated or otherwise, our current TERMS OF SERVICE/USE AGREEMENT and PRIVACY POLICY will apply to all your transactions/ visits in our website.

 All of the above is also applicable for offline services. 

XI. Additional Confidentiality Clause for Mentors

Please note that by doing mentoring with GoCrackIt through Website and/ or Offline, you unconditionally & explicitly accept this confidentiality clause:

“Mentor acknowledges that he/ she may have access to confidential information regarding the students and their experiences as shared by students themselves. Mentor agrees that he/she will not, during or subsequent to the term of this mentoring, divulge, furnish or make accessible to any other person (except to those for whom student has given explicit written consent and mentor is willing to do) any knowledge or information or plans of the student.”

XII. CONTACT US

If you have any questions or comments regarding this document, please contact us via email at support@gocrackit.com.