Acceptance of Terms
2. By using this site, you
(i) agree to be bound by the terms;
(ii) represent that you are over the age of eighteen (18) and able to form legally binding contracts;
(iii) You expressly agree and acknowledge that by using this site or service you are accepting a benefit that cannot be disgorged and
(iv) You represent that you are neither located in sanctioned country nor a prohibited person or a person disqualified to enter into a valid contract.
3. Please note that these terms provide that if you and TGLT are unable to resolve any disputes that arise between you and TGLT and the dispute is not resolved informally or through mediation, the dispute will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You and TGLT also agree that any claims or disputes cannot be brought as a class action. Please carefully review the dispute resolution section below if you do not accept the arbitration provision below, you should not use the site.
4. The words "user,""you" and "your" refer to the individual or entity that creates a TGLT website account as a customer. "TGLT,""we,""us" and "our" refer to The Great Learning Tree India Pvt Ltd. "Customer" refers to the persons who submits an order on our site.
5. “Liability” means liability however arising, whether independent of the contract or in contract, in tort, in equity or under legislation and whether the conduct giving rise to such liability was willful, negligent or otherwise.
6. “Aggregate Liability” means all liability, whether such liability arises from one or more claims, events, circumstances, acts, representations, misrepresentations, defaults or omissions and irrespective of the fact whether such liability is owed by or to more than one party.
7. “Evaluation or Eligibility Report or or Eligibility Assessment Report ” means the product that is available for sale on our website and that is prepared by us for you, based on the information provided by you and our assessment or analysis of that information against the relevant legislative criteria of the country being considered by you for the purpose of relocation or resettlement.
8. “Service” means effort of our team invested to prepare and supply you with the product.
Electronic Communications and Right to Modify Terms
8.1. When you visit this website or send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy the legal requirement that such communications be in writing. You agree to provide us with, and maintain in your TGLT account , your current and active email address.
9. TGLT may modify any of the terms at any time by posting them on this site, without any notice. Changes shall automatically be effective upon posting; provided, however, that changes that TGLT, in its sole discretion, deems material changes to the terms will be effective as to an existing user upon the earlier of: (1) the agreement with the user; or (2) thirty (30) days after notice to the existing user, either via email from an @TGLT.co.in email address to the user's email address on file with TGLT or via other means including but not limited to a pop-up or banner, message or other conspicuous notice on the TGLT website. If you affirmatively agree to the new terms, your agreement will be effective immediately. You agree to make any and all necessary arrangements so that you (and not your spam filter) receive all emails from TGLT email addresses. Your continued use of the service will signify your acceptance of the changes. However, if you do not accept the changes, your sole and exclusive remedy is to discontinue using the site, or due to non acceptance of the modified terms your account will be discontinued or terminated. The latest terms will be posted on the site, and you should always review them prior to using the Site.
10. The TGLT site allows customers to order Visa Related Evaluation Reports for a charge.
Information Not Legal Advice; No Client-Professional Relationship
11. Information and assessment provided by us are to be used by customers for general information purposes only, not as a substitute for paid Migration Representations or specific professional advice. For example, our Evaluation Report will provide information about the relevant Australian Immigration Law and whether you appear to satisfy the applicable legal criteria or not, and it is made clear in express words that we do not provide any legal advices nor propose any specific course of actions for a customer. By providing you an Evaluation Report, we do not intend to form, nor do not form an agent-client relationships with users of the site in any manner.
User Accounts; Restricted Activities; Suspension or Termination of Service
12. User Accounts. When you register as a user on the Site, you can establish a username and password for access to your online account. You are responsible for maintaining the confidentiality of your username, password, and account data, and you shall not share this information or your account with anyone else, and you will be solely responsible for all acts or omissions that occur under your account. You will immediately notify TGLT of any unauthorized use of your password or account. You should only create one account on the Site. If your TGLT account has been suspended or terminated, you may not create another account on this site. TGLT shall not be responsible in the event of any misuse or unauthorized usage of the account or any cyber law violations.
13. Current information. You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information.
14. Restricted Activities. You agree that any content or information you provide on the site and your use of our site are for informational purposes only and shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy (TGLT has adopted take down procedures for unauthorized use of copyrighted material); (c) be illegal nor violate any laws, statutes, ordinances, regulations or ethical code; (d) have the aim of competing with TGLT; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing or amount to commission of any cyber laws; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, but without containing child pornography; (g) contain any viruses, trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for TGLT or cause TGLT to lose in whole or in part the services of our ISPs or other suppliers; or (i) link directly or indirectly to or include descriptions of goods or services that are prohibited under the terms or that you do not have a right to link to or include.
15. You shall not consummate any transaction that was initiated using our service that, by paying to us a fee, could cause us to violate any applicable laws, statutes, ordinances or regulations either in India or elsewhere. Furthermore, you may not resell or make any commercial usage of our system or the content on our site without our prior written consent. We do not knowingly collect personal information from children under 15 years of age, and if we become aware that a child under the age of 15 has submitted personal information to us, we will promptly remove it from our systems.
16. At any time, with or without notice, and without assigning any reasons whatsoever, TGLT reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the service, and to restrict, suspend and terminate users’ accounts.
About the Product
17. Product or the Evaluation Report is only an opinion based on relevant laws as are applicable in the destination country as provided on this site and the criteria that are subjective or objective in nature and does not in any way guarantee any outcome whatsoever.
Product Delivery and turn around time
18. Your Evaluation Report will be emailed to your email address with 48-96 hours of order placement.
19. TGLT reserves the right to modify the turn around time for the delivery of the reports.
20. Order Cancellation request must made within 24 hours of order placement by writing to us at email@example.com and quoting the following:
- Order Number
- Your Name
- Phone Number
21. We will refund 100% of the order amount in case you change your mind and request order cancellation within 24 hours of order placement.
22. We will refund 100% of the order amount and cancel your order where we are unable to deliver your Evaluation Report for any reason.
23. The refund will be credited back to the same account as was used for placing the order on our website. The refund process may take up to 7-28 working days.
No refunds apply
24. Due to the nature of the product and service and noting that our team will already have invested their time and effort to assess your credentials to prepare your Evaluation Report, no refunds will be made for any order cancellation requests after 24 hours of order placement.
25. TGLT maintains the right to initiate special incentive pricing. These may be limited, at TGLT’s sole discretion, to defined and limited users or non-users. Any promotional monies or credits placed into customer accounts by TGLT for use towards its services on the site remain the property of TGLT (they never become the property of users and never become refundable to the user), and unless otherwise stated on the Site or in an email to a user, will be usable only for thirty (30) days.
Receipt of special offers and other communications
Proprietary rights of content
27. You acknowledge that TGLT and its licensors and suppliers own the rights to the TGLT website, the content displayed on the Site and the content provided in the Evaluation Report. You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the TGLT website, any software distributed by or assist any other person or entity in doing so. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by TGLT, TGLT Users, or TGLT Advertisers or other content providers, is protected by Copyrights ©, Trade Marks ™, Service Marks(SM), Patents or any other Intellectual Property Rights or proprietary rights and laws. You shall not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, whether done directly or through intermediaries (including, but not limited to, by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) including code and software for commercial purposes. For permission to use third-party materials appearing on the Site, please contact the Copyright© owner. You do not acquire ownership or proprietary rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any nature of any right in such information and materials.
28. Any access to or use of TGLT to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or inter-operation with TGLT (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) without the prior written authorization of TGLT is prohibited. This prohibition specifically applies, but is not limited to, software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or which may come into existence and usage in the future.
29. If you access TGLT or copy, display, distribute, perform or create derivative works from content displayed on the Site or other Intellectual Property in violation of the Terms of Service or for purposes inconsistent with the Terms of Service, your access, copying, display, distribution, performance or derivative work will be construed as to be unauthorized. Circumvention of any technological restrictions or security measures on TGLT or any provisions of the Terms of Service that restricts contents, conducts, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of TGLT web pages on your computer or computer server constitute “copies” under the relevant Copyright Act © provisions.
30. You agree that posts on the site, materials, ideas, comments and testimonials you submit on the Site or other venues, including but not limited to the TGLT blogs; the TGLT venues on www.facebook.com, www.twitter.com, www.linkedin.com, www.youtube.com, www.pinterest.com, plus.google.com, www.flickr.com ; the Site administrator or any employee, officer or agent of TGLT ("User Content"), will not be considered confidential and may be used by TGLT, in its sole discretion, without any obligation to compensate for use of or to return any submitted materials.
31. You also agree that TGLT owns, and has the right to register in its name, Trade Marks™ and Service Marks for any category names that you create on TGLT, so do not use a category name that you want to reserve for your own benefit. TGLT may use other Trade Marks™ or Service Marks in lieu of the category names that you create.
32. You grant TGLT a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sub licensable (through multiple tiers) right to exercise the Copyright©, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works thereof, that you have in your Posts and User Content, in any media now known or not currently known, with respect to any such Posts and other User Content.
No Endorsement of Non-TGLT Entity; No Relationship with Users
33. TGLT may endeavor to offer to its Users products and services offered by non-TGLT or non-related entities. The Site may contain links to third party websites and service providers (collectively referred to as, “Third Party Services”) that are not owned or controlled by TGLT. TGLT has no control over and assumes no responsibility for the content, practices, and privacy policies of such Third Party Services. TGLT encourages you to, and you acknowledge that you are solely responsible for, reviewing and complying with any third party terms and conditions and privacy policies. TGLT cannot and will not censor or edit the content of any Third Party Service. Placement of information, logos, links or names of such non-TGLT entities on the Site does not constitute an endorsement or warranty of these entities, their products or services. By using this Site, you agree that TGLT is not responsible for, and you take full responsibility for, a decision to visit or patronize any such Third Party Service or entity, you hold TGLT harmless from any and all liability arising from such actions, and you expressly relieve TGLT from all liability arising from your use of Third Party Services and also indemnify TGLT against any claims made by the Third Party Service against TGLT from any misuse of the account from your side.
34. You further acknowledge that no relationship (such as partnership, agent, joint venture, or employee) is created between you and TGLT or between any User (including Customers and Experts) and TGLT by formation of this Agreement (or any of the Terms) or by your participation on the Site.
35. It is the responsibility of the user to evaluate the accuracy, completeness and usefulness of any opinion, answer or other content available through the site, from third parties or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, answer, product, service, or other content.
Information control and storage
36. The amount of storage space per User is currently limited. You agree that TGLT is not responsible or liable for the deletion or failure to store content and/or other information.
Exclusion of Warranties
37. TGLT services, software, and related documentation are provided "as is" and “as on basis” and without any warranty of any kind (either express or implied) including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. No information, whether oral or written, obtained by you from TGLT through this site shall create any warranty, representation or guarantee not expressly stated in these terms.
38. TGLT does not represent or warrant that the service will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available, are free of viruses or other harmful components. TGLT does not warrant or represent that the use or the results of the use of the materials available through the service, from third parties or a linked site will be correct, accurate, timely, reliable or otherwise. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
39. Under no circumstances will TGLT be liable for any loss or damage caused by a user's reliance on information obtained through the site or a linked site. Use of this site is solely at users' risk.
40. No advice or information, whether oral or written, obtained by you from TGLT or through or from the services shall create any warranty of whatsoever nature.
Limitation of liabilities
41. In no event shall TGLT, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors or assigns be liable for any indirect, special, incidental, consequential, punitive or exemplary damages (including but not limited to loss of business, profits, data, use, revenue or other economic advantage), arising out of or in connection with our site, our services or the terms based on any theory, even if advised of the possibility of such damages. The limitation of damages set forth above is a fundamental element of the basis of the bargain between TGLT and you. This site and the information would not be provided without such limitations. In no event will TGLT’s liability and the liability of TGLT’s parents, subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance exceed the value of your order(s).
42. The total aggregate liability of TGLT, its parents, subsidiaries, officers, directors, shareholders, employees, agents, contractors, joint venturers, consultants, successors or assigns’ arising from, related to, in Connection with, or in any way involving: the performance or Non-performance of the, or any act, default or omission in connection with Your order, will not exceed the value of your order.
43. You agree to indemnify and hold TGLT, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures’, consultants, successors and assigns harmless from and against all losses, costs, liabilities and expenses including reasonable legal fees, asserted by any third-party that are in any way due to or arising out of your use of or conduct on the Site.
Press Releases and Third-Party press about TGLT
44. The Site may contain press releases and other information about TGLT. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by TGLT. Likewise, third-party press about TGLT or the Site should not be relied upon as being provided or endorsed by TGLT.
Choice of Law
45. The Terms shall be governed by, and construed in accordance with the laws of the Republic of India, without regard to its conflicts of law provisions. And the provisions of the Arbitration and Conciliation Act, 1996 and rules framed there under shall only be applicable in case of any disputes.
46. If you have a dispute with TGLT or if TGLT has a dispute with you and such dispute cannot be resolved informally, such dispute will be resolved on an individual basis in accordance with the provisions set forth below:
a. Informal Resolution. Prior to initiating mediation or arbitration, the party with a grievance must: (i) Notify the other party, in writing, of the facts of the dispute and all damages claimed. Such a writing must be sent to the User’s email address on file with TGLT, or legal@TGLT.co.in, whichever is applicable (“Dispute Notification”); (ii) The party receiving the Dispute Notification has thirty (30) days from receipt of the Dispute Notification to respond. (iii) The other party then has 15 days to consider the response and reply.
b. Mediation. If the dispute is not resolved informally, either party may make a demand for ARBITRATION/mediation, with the other party’s consent.
C. Arbitration. If mediation does not occur or if mediation does not resolve the dispute, then both parties agree to arbitrate any disputes they have with the other so long as such disputes are arising out of or related to this agreement. Specifically, you agree that, by agreeing to these terms, you and TGLT are each waiving the right to a trial by jury involving all disputes, claims and controversies, of any sort or nature, between us, arising out of the use of the site and waiving the right to participate in a class, collective, or representative action regarding any dispute. You and TGLT agree that any dispute shall be resolved on an individual basis only. You must file any demand for arbitration you may have with the Indian Council of Arbitration. Such arbitration is final and binding and will be governed by the commercial arbitration rules and the supplementary procedures for consumer related disputes. The decision of the arbitrator(s) shall be binding and enforceable in any court of competent jurisdiction more particularly the provisions of the arbitration and conciliation act, 1996 and rules framed thereunder.
Place of Arbitration and composition of Arbitration tribunal
Disputes if any shall be referred to a single independent arbitrator preferably a practicing advocate having knowledge of Domestic and International Arbitration. The place of Arbitration shall be in New Delhi only and no any other place within India.
D. Class action waiver. You and TGLT expressly agree that: (i) each party must bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, mass, collective, or representative proceeding; (ii) there shall be no class claims, consolidation, or joinder allowed in any arbitration between the parties; and (iii) no claims may be made through an action purporting to represent a class of users or otherwise asserting claims on behalf of a class (“class action waiver.`
47. This dispute Resolution section shall survive termination of this agreement.
Agreement; Assignment; Miscellaneous
49. You agree that TGLT may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for any reason, including but not limited to because your interaction with other users of the Site, the pricing offered, and fraud mechanisms in place, are based upon individual usage. TGLT shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by an officer of TGLT. No delay or omission on the part of TGLT in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.
50. DISCLAIMER: TGLT makes it aptly clear that the present agreement is purely of a preliminary nature and that no contractual relationship arises between you and TGLT. By the present preliminary agreement TGLT only promises to assess your eligibility whether you qualify for Permanent or Temporary Residency or Student Visa. Once you have the report thereafter you have the option to engage services of TGLT by signing another contract.