2. Definitions

"User" or "You" means any individual or entity using the Platforms or accessing any Offerings.

"Offerings" means all products, services, content, features, technologies, applications, functionalities, and packages offered on or through the Platforms.

"Admission Packages" means bundled offerings comprising multiple services to assist users through the study abroad application process, as detailed on the Platforms.

"Services" means individual offerings to assist with discrete aspects of the study abroad process, as detailed on the Platforms.

3. Platform Usage

3.1 Permitted Use

You may access and use the Platforms and Offerings solely for lawful personal or educational purposes in compliance with these Terms and applicable law.

3.2 Restricted Activities

You may not engage in any conduct that:

(i) Infringes or violates any party's copyright, trademark, trade secret, patent, or other intellectual property rights;

(ii) Violates any applicable laws, regulations, or rights of any person or entity;

(iii) Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, or libelous;

(iv) Impersonates any individual or entity or otherwise misrepresents Your affiliation or authenticity;

(v) Uses technology or other means to access, index, frame, or link to the Platforms or Offerings that is not authorized;

(vi) Damages, disables, overburdens, or impairs the Platforms or Offerings;

(vii) Gathers or transfers any information from the Platforms or Offerings including account information;

(viii) Copies, modifies, reverse engineers, decompiles, or disassembles the Platforms or Offerings.

3.3 Your Conduct

You agree not to use the Platforms or Offerings to:

(i) Transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, or racially, ethnically or otherwise objectionable;

(ii) Impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation or make any statement on behalf of Qogent or express views that purport to be ours;

(iii) Transmit any code, files or programs designed to interrupt, destroy, or limit the functionality of any software or hardware;

(iv) Stalk or harass any individual or entity or promote violence, terrorism, or illegal acts;

(v) Make available any material protected by copyright, trademark, or other proprietary right without the express permission of the owner;

(vi) Submit, post, or make available any unsolicited or unauthorized advertising, promotional materials, spam, pyramid schemes, or any other form of unwanted solicitation.

3.4 Your Account and Content

If You utilize an account as part of Your use of the Platforms or Offerings, You are responsible for maintaining the confidentiality of Your login credentials and all activities that occur under Your account. You retain ownership and control of any content You submit, post, display or otherwise make available on or through the Platforms or Offerings ("Your Content") and grant us a non-exclusive license to access, use, reproduce Your Content solely to the extent necessary to provide the Offerings to You. You represent and warrant that You have all the rights necessary for Your Content and that it will comply with our guidelines.

3.5 Privacy

Our Privacy Policy describes how we collect, use, and disclose information about You. You consent to the collection, use, and disclosure described in the Privacy Policy.

3.6 Third Party Services

The Platforms or Offerings may enable or assist You to access, use, purchase, or interact with third-party content, products, services, websites or applications ("Third Party Services"). We do not own, operate, or control any Third Party Services and are not responsible for their availability, functionality, or accuracy. Your use of Third Party Services is at Your own risk.

3.7 Our Proprietary Rights

The Platforms and Offerings contain material that belongs to us and is protected by patent, trademark, copyright, trade secret, and other intellectual property rights ("Our IP"). You do not acquire any rights of ownership in Our IP.

3.8 Security

We implement technical and organizational measures designed to secure Your information and use of the Platforms and Offerings but cannot guarantee complete security. You retain responsibility for maintaining adequate security, protection, and backups of Your Content.

3.9 Changes and Availability

We may change, suspend, or discontinue any aspect of the Platforms or Offerings at any time and without notice or liability. We cannot guarantee the Platforms and Offerings will be available at all times or in all locations.

4. Purchase of Services

4.1 Description of Services

We provide various Services to assist with discrete aspects of the study abroad process, as detailed on the Platforms. Available Services may include document review, editing, and writing, university shortlisting, application form completion, profile evaluations, etc. Services vary in scope and pricing as described during the purchase process. All Services are delivered digitally through the Platforms.

4.2 Purchase Process

You may purchase Services individually by selecting and paying for the desired Service. Certain Services may have additional instructions or required information that will be prompted during checkout. All descriptions, prices, and instructions are as listed on the Platforms at the time of purchase.

4.3 Pricing, Invoices, and Payment

Pricing and payment terms are as provided during checkout at the time of transaction. All charges will be disclosed prior to completing a purchase. Payment must be made upfront in full by an accepted payment method to receive the Service. Valid payment methods include credit card, debit card, net banking, UPI, or any other method shown. You consent to receiving digital invoices solely through the Platforms or the email address associated with Your purchase.

4.4 Taxes and Fees

Published prices for Services may exclude taxes and other fees that are dependent on the billing or shipping address. All applicable taxes and fees will be added and disclosed during checkout.

4.5 Delivery of Purchased Services

Purchased Services will be initiated following payment and delivered within the timeline shown during checkout, generally 3-15 business days. We will notify You by email upon completion and delivery. Services are delivered digitally through the Platforms, either by enabling download access or directly through Your account. You are responsible for retaining proof of purchase to access delivered Services.

4.6 License for Purchased Services

Any Services or resulting deliverables You purchase on the Platforms are for Your personal, noncommercial use only, and You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use such deliverables for that purpose only in accordance with these Terms. We retain all copyright, intellectual property, and other ownership rights.

4.7 Preference Submission

Upon placing an order for our individual services, students will receive an email containing a link to submit their preferences. It is imperative that preferences are submitted within 7 days of order placement, unless a written consent for extension has been granted by our team. Failure to comply will result in the order being marked as completed, with no possibility for refunds.

4.8 Student Review Phase

Several of our individual services entail a 'Student Review' phase. Upon reaching this phase, an email will be dispatched to the student for review. A response is required within 48 hours of receiving the review email. In the absence of a response, a reminder will be sent out.

Following the first reminder, should there still be no response, a final reminder will be issued. If no response is received within 24 hours of the final reminder, the order will be marked as closed and final draft will be delivered. No changes can be accommodated after the order completion; no refunds will be entertained thereafter.

4.9 Refund Requests

Refund requests initiated within 24 hours of order placement will be considered for a 50% refund, provided our team has not commenced with the order (an email notification will be sent upon commencement). Once the order has been initiated, refund requests will not be entertained.

4.10 Review Limitations

For services involving a student review, a maximum of two reviews will be conducted—one major and one minor. Any demands for further reviews cannot be accommodated, and our team will adhere to best practices based on our extensive experience. No refunds will be provided for requests for additional reviews.

4.11 Disclaimers

We make no promises, representations, warranties, or guarantees regarding the Platforms, Offerings, or Services, whether express, implied, statutory, or otherwise, including of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, usefulness, reliability, availability, accessibility, timeliness, security, absence of viruses or harmful code, lack of negligence or errors, quality, suitability, privacy, or rights.

4.12 Your Representations and Warranties

You represent and warrant that: (i) You have all necessary consents and rights to provide any information used to purchase Services; (ii) Your purchase complies with all applicable laws and regulations; (iii) You will use Services only for lawful purposes as permitted hereunder; (iv) You will not attempt to obtain any Services through fraudulent or improper means; and (v) all information You supply to us is true, accurate, and complete.

5. Purchase of Admission Packages

5.1 Description of Packages

We offer bundled Admission Packages to comprehensively guide and assist users through the study abroad application process, as detailed on the Platforms. Packages consist of a combination of Services, resources, information, tools, and ongoing support. Available Packages vary in scope, offerings, duration, and pricing as shown. All Packages and included components are delivered digitally through the Platforms.

5.2 Purchase Process

You may purchase any Admission Package listed on the Platforms by selecting Your preferred Package and completing checkout. Certain Packages may have additional instructions or required information prompted during checkout. All descriptions, prices, components, and instructions are as shown for each Package at time of purchase.

5.3 Pricing, Invoices, and Payment

Pricing and payment terms for Admission Packages are provided during checkout at the time of transaction. All charges will be disclosed prior to purchase completion. Payment must be made upfront and in full by an accepted payment method to receive the Package. Valid payment methods include credit card, debit card, net banking, UPI, or any method shown. You consent to receive digital invoices solely through the Platforms or the email used for purchase.

5.4 Taxes and Fees

Published prices for Packages exclude taxes and fees dependent on billing/shipping address, which will be disclosed and added during checkout.

5.5 Delivery of Purchased Packages

Delivery of Services pertaining to Purchased Packages will be initiated within 2-3 days of Your enrollment. Delivery encompasses granting access to Student Dashboard and other components digitally through Your account. Other activities related to your application process will follow after your Onboarding session.

5.6 License for Purchased Packages

Any Packages or resulting deliverables You purchase are for personal, noncommercial use only. You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use deliverables solely as part of the Package. We retain all copyright, intellectual property, and ownership rights.

5.7 Refund Policy

5.7.1 Refund Policy Applicable for All Packages

Refund requests must be initiated within 30 days of enrollment to any package. The following deductions will be applied to the refund amount:

• Payment Gateway and Student Dashboard Fees: Rs. 5,000 (Charged at the time of enrollment)
• Fees for any Services already availed, calculated as per prices on our Services Page

After the 30-day period, no refunds will be processed for Basic and Standard Packages, except if our management grants up to a 30% refund in special circumstances based on case genuinity and at its discretion.

5.7.2 Additional Refund Policy Terms for Premium Package

A 40% refund of the paid amount is guaranteed if the following conditions are met:

1. University Applications: Students must be willing to apply to all universities and courses shortlisted by their counsellor based on the student's academic profile and preferences. If students do not agree to apply to any of the shortlisted courses, the refund guarantee is void.
2. Admission Cycles: Students must attempt admission over two consecutive cycles. If a refund is requested after only attempting applications in the first admission cycle, a reduced refund of 30% of paid amount will be processed.
3. Timely Cooperation: Students must:

• Upload all required documents for applications within 3 days of counsellor request
• Submit preferences/requirements for all orders within 2 days of counsellor request
• Finalize shortlisted university options within 5 days of receiving first draft
• Finalize document orders within 7 days of first draft delivery
• Provide all necessary application information within 3 days of counsellor request
• Complete student reviews of orders and applications within 48 hours of receiving first review email
• Make on-time payment of application fees within 2 days of counsellor request
• Timely courier hard copy documents to universities within 2 days of counsellor request

Any delays resulting in missed application timelines or submissions will forfeit the refund guarantee.

1. Refund Issuance: If all conditions are met, and admission is not secured after two cycles, a 40% refund will be issued.
2. Refunds will be processed within 7 working days of the request made after two admission cycles with rejections.
3. The refund will only be issued after all application results are announced. Any pending results will delay refund issuance until final outcomes are received.

5.8 Our Guarantees

We guarantee all components of Purchased Packages will meet the description and scope defined on the Platforms at time of transaction. If You reasonably believe a Package differs materially, please contact us within 30 days to receive a refund as per the terms above, at our reasonable discretion.

5.9 Disclaimers

Except for the guarantees in Section 5.8, we make no promises, representations, warranties or guarantees regarding the Platforms, Offerings, or Packages, whether express, implied, statutory, or otherwise, including of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, usefulness, reliability, availability, accessibility, timeliness, security, absence of viruses/harmful code, lack of negligence or errors, quality, suitability, privacy, or rights.

5.10 Your Representations and Warranties

You represent and warrant that: (i) You have any necessary consents and rights to provide information used in purchasing Packages; (ii) Your purchase complies with applicable laws and regulations; (iii) You will use Packages only for lawful purposes under these Terms; (iv) You will not attempt to improperly obtain any Package or component; (v) all information provided to us is true, accurate and complete.

6. Disclaimers

6.1 We make no promises, representations, warranties, or guarantees regarding the Platforms or Offerings, whether express, implied, statutory, or otherwise, including of merchantability, fitness for a particular purpose, suitability, accuracy, completeness, effectiveness, reliability, timeliness, adequacy, usefulness, availability, accessibility, quality, non-infringement, absence of errors, viruses or harmful code, negligence, title, that the Platforms or Offerings will meet Your requirements or expectations, those of any user, or will be available at any particular time or location, uninterrupted or secure, free of inaccuracies or errors, or without loss or corruption of data, free of viruses or harmful code, that any defects will be corrected, or that the Platforms or Offerings are free of viruses or errors that could cause damage. We disclaim any obligations or warranties not expressly stated herein.

6.2 We make no guarantees or warranties regarding any Third Party Services. Your use of Third Party Services is solely at Your own risk.

6.3 No advice, statement, or information provided by us, our representatives, directors, affiliates, employees, agents, suppliers, or licensors, whether oral or written, shall create any representation, warranty, collateral contract, assurance, or guarantee.

7. Limitation of Liability

7.1 Under no circumstances shall we, nor our licensors, directors, officers, agents, or employees, be liable for any indirect, incidental, special, consequential, or exemplary damages arising from or in connection with Your access or use of, or inability to access or use, the Platforms or Offerings, including damages for lost profits, revenues, business opportunities, goodwill, anticipated savings, business interruption, loss of data, discrepancies in information, delays, security breaches, viruses, harmful code, errors, inaccuracies or misinformation, even if foreseeable or made known to us.

7.2 To the maximum extent permitted by law, under no circumstances shall we, nor our licensors, directors, officers, agents, employees or suppliers, be liable to You for more than the amount You paid to us under these Terms in the prior six month period.

7.3 The limitations shall apply notwithstanding any failure of essential purpose or inadequacy of any remedy provided herein or available at law or equity. We would not be able to provide the Platforms or Offerings without these limitations.

8. Indemnification

You agree to fully indemnify, defend, and hold harmless Qogent and our officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that arise from or relate to: (i) Your access or use of the Platforms, Offerings or Services; (ii) any User Content; (iii) any misrepresentations made by You; (iv) Your violation of any of these Terms; (v) Your violation of any applicable laws, rules, regulations, or rights of another; (vi) legal actions brought by You against us that are unsuccessful or frivolous. We reserve the right, at Your expense, to control the defense and settlement of any such claim.

9. Disputes and Arbitration

9.1 In the event any dispute or difference arises between You and Qogent out of or in relation to or in connection with these Terms, the parties agree to first attempt to resolve such disputes informally through good-faith negotiations and mutual agreement.

9.2 If such informal attempts at resolution fail, the dispute shall be referred and resolved by binding arbitration under the laws of India before a sole arbitrator appointed by Qogent. Arbitration proceedings shall be conducted in English in Bangalore in accordance with the Arbitration and Conciliation Act 1996 and any amendments thereto. The arbitrator's award shall be final and binding on both parties.

9.3 The courts of Bangalore shall have exclusive jurisdiction over any matters arising out of or relating to these Terms that are not subject to arbitration.

10. Use of Student Data for Marketing

10.1 We may use any student testimonials, reaction videos, or other content provided to us for marketing purposes on our social media pages or other channels.

10.2 We may publish student admission information, including admit letters, on social media to highlight student successes. No personal contact information will be shared without explicit consent.

10.3 Students may request removal of any previously published content including their data or admissions information by contacting us. We will take down the content within 48 hours of receiving the request.

10.4 We will not publish any student personal contact information such as phone numbers or email addresses without prior written consent.

10.5 Students acknowledge and consent to the use of their voluntary testimonials, reaction videos, and admission successes for marketing purposes in compliance with the above policies.

11. Sharing of Student Information

Qogent may share your personal information and application details with selected third-party partners for facilitating services related to studying abroad. These partners assist with financial services, travel arrangements, accommodation, or other relevant services. Information will only be shared with partners directly involved in your study application and travel process.

11.1 Partners

Partners may include:

• Banks and financial institutions for education loans
• Blocked account providers
• Forex services for remittances
• Travel agencies for flight booking
• Accommodation providers
• Insurance providers
• Any other contracted service partner

11.2 Information Shared

Information shared may include:

• Name, contact details
• Other relevant information (upon your consent)

11.3 Consent

You agree to your data being shared with our trusted partners for the purpose of facilitating and streamlining the study abroad process through ancillary services. Partners are not authorized to use your data for any other purpose or share information with other third parties.

11.4 Partner Requirements

Our partners are required to maintain the confidentiality of any student information shared with them. Partners may only use the student information for the sole purpose of providing the relevant service to facilitate the study application process.

Partners are prohibited from sharing or disclosing student information to any other third party, using the data for any other purpose, or retaining the information after fulfillment of the service.

Any partner misuse of student data is subject to legal action from Qogent or the student for violation of data protections. Students may request that we do not share information with any partner demonstrating misuse of data or noncompliance with confidentiality requirements.

11.5 Opting Out

You may request that we do not share your information with select partners by contacting us. However, opting out of sharing with partners involved in required services may impact our ability to provide comprehensive assistance.

12. General Provisions

12.1 Changes to Terms

We may modify, update, suspend, discontinue, or restrict access to all or any part of the Platforms, Offerings, or Terms at any time and for any reason, without notice or liability. Any changes will be effective upon posting on the Platforms. Your continued use after changes constitutes acceptance. You should review the Terms periodically for updates.

12.2 Entire Agreement

These Terms constitute the entire agreement with respect to access and use of the Platforms and Offerings and supersede any prior agreements.

12.3 Severability

If any provision of these Terms is deemed unlawful, void, or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions.

12.4 Assignment

You may not assign or transfer these Terms or any rights or obligations herein without our prior written consent. We may freely assign these Terms.

12.5 Survival

Any provisions that by their nature should survive termination, including limitations of liability, indemnification, general disclaimers, and arbitration provisions, shall survive termination of these Terms.

12.6 No Waivers

Any failure or delay by us to enforce any provision of these Terms shall not constitute a waiver of that provision or of any other provision. Partial or single exercise of a right does not preclude further exercise of that right or any other right.

12.7 Notices

Any notices relating to these Terms by You must be provided via email to hello@qogent.in. We may provide notices to You via email, the Platforms, or other reasonable means.

12.8 Third Party Rights

Other than as expressly provided herein, no third party shall have any rights or remedies under these Terms.

12.9 Force Majeure

Qogent shall not be liable for any failure to perform its obligations hereunder if such failure results from circumstances beyond its reasonable control, including without limitation, acts of God, natural disasters, war, riots, government intervention, embargoes, strikes, labor disputes, network infrastructure failures, power outages, or shortages of adequate power, fuel, materials or transportation facilities.