ISMOJO TERMS AND CONDITIONS

1. INTRODUCTION

This document provides the terms and conditions governing the use of our platform (website/mobile app) www.ISMOJO.com, which is a tech-powered, career decision platform meant for Students (aged 13 years and above), Parents, Schools, and Counsellors. By using the site, including visiting and browsing it, you're considered to have accepted these terms. These terms may be updated/changed from time to time solely at our discretion.

2. Services

ISMOJO provides products, services and tools that enable subject and career related decisions for Students. ISMOJO offers assessments, content, data, insights, counselling, mentoring, guidance, etc. To facilitate these, ISMOJO uses technology, data, algorithms, and machine learning. ISMOJO also requires users to participate in assessments and share personal and academic data. ISMOJO provides these products, services and tools either using proprietary technology or through third-party partnerships.

3. SERVICES TO MINORS

While ISMOJO platform is provided with the objective of critical career and academic pursuit, it is strictly available for use by School, Counsellors, Parents and Students aged 13 years or older. In many cases, the Student account maybe created as a result of participation of the Student’s School and based on an overall consent received from the Parents by School. Should the Student or their Parent have any concerns on creation of ISMOJO Student account, they should immediately notify the School directly or ISMOJO management via Contact Us section on the ISMOJO website.

4. FEES AND PAYMENTS

ISMOJO charges a subscription fee, payable in advance, for the services provided. ISMOJO provides the flexibility for the fee to be paid either by the School or the Student/Parent – at the discretion of the School. In some cases, the ISMOJO services may also be available directly for Parents/Students to register and use. In any situation, fee is payable in advance and prior to the use of the ISMOJO platform. ISMOJO relies on account transfers and use of third-party payment services providers to receive the fee. In any case, ISMOJO is not responsible for any delays, errors, or cancellations in fee payments. ISMOJO also reserves the right to revise the fee without prior notice and/or provide differential fee to different users based on different services. All applicable taxes, charges, cess, etc. are applicable over and above the stated fee and the responsibility of the user to pay.

5. SERVICE LEVEL

ISMOJO reserves the right to suspend the operation of the website for maintenance/ enhancement/ repair/ technical fault or any other reason as the case may be for which it shall not be liable in any manner including for deficiency of service under the applicable laws.

6. REFUNDS

ISMOJO provides its services with bonafide intent and services are rendered as soon as availed. These services are soft in nature, involve no actual transfer of physical goods, and where ISMOJO has incurred cost in advance, therefore, there is no provision for refund of fee paid by the user. The user has been deemed to have understood and accepted that once the fee has been paid to ISMOJO, there shall be no refund of the said fee. In case of any exception, Refund will be done on the original mode of payment used.

7. INFORMATION

You are responsible for maintaining true, accurate, current and complete information about yourself in your ISMOJO account. While you register or get registered (via School), you represent that the information filled by you is correct or (if registered via School), you have updated your information to the most appropriate and latest.

8. ADVERTISEMENT

ISMOJO may permit advertisements of third parties on its platform and shall not be responsible for the contents/ assurances/ services or anything relating to such third-party advertisement in any manner whatsoever.

9. SECURITY

You are responsible for maintaining the security of your account on ISMOJO, including the confidentiality of your id and password. You must immediately inform ISMOJO of any unauthorized use of your account or any other security breach. ISMOJO will not be responsible or liable for any acts or omissions by you, including any damages incurred as a result of such acts or omissions.

10. ELECTRONIC COMMUNICATION

You understand and agree to use of electronic communications and maintaining of electronic records with ISMOJO. All communications from ISMOJO will be via electronic channels, including email, mobile messages, website, and online account notifications.

11. INTELLECTUAL PROPERTY OWNERSHIP

ISMOJO owns all rights, titles and interests, intellectual property rights, suggestions, ideas, feedbacks, or other information relating to the ISMOJO platform or service. Users must not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast, reverse engineer or otherwise exploit the platform without first obtaining the written consent from ISMOJO. All content and data made available on the ISMOJO platform is proprietary and owned by ISMOJO either directly or through obtained rights of use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ISMOJO, accept for the licenses and rights expressly granted under terms and conditions. ISMOJO name, logo and associated products and services remain the property of the owners and no right or license is granted to use them without ISMOJO’s explicit written permission.

ISMOJO may use third-party assets, including but not limited to brandmarks, brandnames, images, photos, and text mentions, purely for information and reference purpose only suited to the topic of careers. These third-party assets are obtained from public sources and/or used under creative commons licence and/or sourced royalty-free. They remain property/ies of their respective owner/s. ISMOJO claims no ownership or direct linkage with any such third-party asset appearing on the ISMOJO platform. Should owners of any such assets have any concerns, they should immediately notify the ISMOJO management via Contact Us section on the ISMOJO website.

12. MALA FIDE USE

Users must not create internet links to the platform or frame or mirror the platform or design or build a product using similar ideas, features, functions, or graphics, or 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 to make automated/multiple server requests, or unduly burden/hinder the operation/performance/unauthorised access of the ISMOJO platform.

13. TERMINATION

ISMOJO reserves the right to terminate your account or registration and revoke your access to the platform if it comes to our notice that you are using the platform in violation of the terms and conditions. ISMOJO also reserves the right to terminate your account, at its sole discretion and without any reason thereof. ISMOJO retains the right to investigate and involve law enforcement authorities in order to prosecute violators of any of the above terms and conditions to the fullest extent of the law.

14. INDEMNITY

You agree to defend, indemnify and hold ISMOJO, its affiliates, third parties and their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses, claim or demand, or actions including reasonable attorneys’ fees asserted against or incurred by ISMOJO, made by any third party.

15. LIABILITY

ISMOJO provides information and recommendation for bona fide guidance and without any commitment of performance or outcomes of any manner. ISMOJO will strive to keep the content of the platform accurate to the extent possible on a best-effort basis only.

16. LIMITATION OF LIABILITY

In no event shall ISMOJO be liable for any monetary compensation, including refunds, to any complainant for any direct, indirect, incidental, or consequential damages, whatsoever.

17. DISPUTE RESOLUTION

In the event of ISMOJO and the user being in dispute, the parties shall attempt to settle the dispute 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 ISMOJO or in case of a court proceeding, left to the jurisdiction of courts in Dubai, United Arab Emirates. Any purchase, dispute, or claim, arising out of or in connection with this website shall be governed and construed in accordance with the laws of the UAE.

18. NON SERVICE

ISMOJO does not provide Services to any Office of Foreign Assets Control (OFAC) sanctioned countries in accordance with UAE law/s.