MERAFUTURE TERMS AND CONDITIONS.
www.merafuture.pk is a technology enabled multi-dimensional
career assessment website that helps the users in career planning in the best
of their interests. The website is managed by MERAFUTURE (SMC-PVT) Ltd,
registered with SECP (0076491) and FBR (3961119-1).
The user needs to accept these terms and conditions before
proceeding to the test.
These terms may be changed / updated from time to time, solely
at our discretion. By using our site you will be bound by the terms and
conditions as mentioned here. You are required to and responsible for regularly
reviewing these terms and conditions to keep yourself updated with the changes/
amendments. If you continue to access the website subsequent to such changes,
you will be deemed to have accepted and agreed to the said changes.
1.
REFERENCE
OF TERMS
The term ‘MERAFUTURE’ is used through this entire agreement to
refer to the Website, its owner, directors, employees, and individuals /
entities associated with the owner.
The term ‘USER or YOU or YOUR’ is used through this
entire agreement to refer to the any person/entity/organization etc., as the
case may be, who accesses the website or who is/are registered at the website
for various services provided by it .
The term ‘OUR WEBSITE‘ or ‘WEBSITE’ is used
through this entire AGREEMENT to refer
to the Website www.merafuture.com
The term ‘OUR PRODUCTS /SERVICES’ is used through this
entire AGREEMENT to refer to the
products/ services offered at the Website or its associated entities, not
including the advertisements that may be displayed on the Website.
The term ‘REGISTRATION DATA’ is used through this entire
AGREEMENT to refer to the information added and submitted to MERAFUTURE at the
time of registration.
The terms and conditions herein shall apply equally to both the
singular and plural form of the terms. Whenever the context may require, any
pronoun shall include both the corresponding masculine and feminine form. The
terms as defined herein shall also read as such in the Privacy Policy as well
as the Disclaimer of the Website.
2.
ELIGIBILITY
Use of the Website is available to all the persons/entities/companies/partnership
firms/organizations etc., as the case may be. However, any registration on the
website shall be by the person who is capable of entering into valid contract
as per the prevailing laws of the Islamic Republic of Pakistan.
While registering with the Website, you represent that the
information filled by you is correct and that you are duly authorized to accept
this agreement and you have the authority to bind yourself / your business
entity to this agreement. You further confirm that you shall use/browse the
Website in terms of the AGREEMENT.
MERAFUTURE reserves
the right to terminate your registration and refuse to provide you with access
to the Website if it is brought to our notice or if it is discovered that you
are using the site in violation of the AGREEMENT, or/and MERAFUTURE reserves
the right at its sole discretion, without any reason thereof, to terminate your
registration and refuse to provide you with access to the Website.
3.
REGISTRATION
OBLIGATION
You are responsible for maintaining the confidentiality of your
User ID and Password. You are responsible for all the activities that occur
under your User ID and Password. You agree, inter-alia, to;
Provide true, accurate, current and complete information about
yourself as prompted by MERAFUTURE registration form (both personal and
professional information), maintain and promptly update the Registration Data
to keep it true, accurate, current, and complete at all times;
You must immediately notify us of any unauthorized use of your
password or account or any other breach of security, and;
Ensure that you exit from your account at the end of each
session.
If you provide any information that is untrue, inaccurate, not
current, or incomplete or MERAFUTURE has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, or not in
accordance with this Agreement, MERAFUTURE has the right to indefinitely suspend or
terminate or block access of your registration with the website.
MERAFUTURE shall
not be liable for any loss or damage arising from your failure to comply with
this Clause.
4.
ELECTRONIC
REGISTRATION AND COMMUNICATION
When you use the Website or send emails or other data,
information or communication to MERAFUTURE, you agree and understand that you are
communicating with MERAFUTURE through electronic records. You consent
to receive communications from us electronically. We will communicate with you
by email or by posting notices on the Website or through any other MERAFUTURE services.
It shall be your responsibility to check your registered email with us and to
check the Website for any notices, from time to time.
5.
DESCRIPTION
OF SERVICES
MERAFUTURE is
a technology-enabled eco-system for career planning & development for
students. We leverage technology, research, machine learning and algorithms to
minimize the human bias in career decision-making process. MERAFUTURE offers
a unique way of career guidance, counseling & mentoring and is not limited
to psychometric assessments, career counselling and guidance, interactive
career focused activities and career progression or tracking mechanisms etc.,
as may be provided from time to time for help and guidance of User/s.
By entering into the present agreement, you accept that you are
using the services rendered at MERAFUTURE at your sole discretion without any
undue influence of the MERAFUTURE and at your sole responsibility (under
supervision of guardian(s), in case of minors).
You further agree to ensure that you will ensure that you avail
the services with due care and due diligence and as per the terms &
conditions of this AGREEMENT.
6.
FEES/PRICING
MERAFUTURE shall
charge the fee for the services provided as per the structure provided on the
website. By using the services, which are subject to payment, as mentioned
therein, you accept to pay for the same before using the services.
You further undertake not to raise any dispute qua the fee
charged for the services in any manner whatsoever as you have agreed to the
same out of free will and without any undue influence.
You further undertake that you have read the Terms &
Conditions of the Payment that are prompted when you move towards payment of
the paid services and have accepted the same before making the payment.
MERAFUTURE uses
third party payments providers to receive payments from user. MERAFUTURE is
not responsible for delays or erroneous transactions execution or cancellation
of orders due to payment issues. MERAFUTURE takes the utmost care to work with 3rd
party payment providers, but does not control their systems, processes,
technology and work flows, hence cannot be held responsible for any fault
whatsoever at the end of and because of the payment providers.
The fee to be charged by MERAFUTURE from
users shall be decided solely by MERAFUTURE and the user/s shall have no right/say
to interfere in the same.
7.
TAXES
You agree to bear all applicable taxes, charges cess etc. levied
on the services being rendered to you as notified by the Federal/Provincial Government
from time to time, unless already included in the price offered.
8.
REFUND
POLICY
The MERAFUTURE renders services including but not
limited to assessment tests and counseling, etc. which act as a bonafide guide
to the user and the services are rendered as soon as availed, therefore there
is no provision for refund of fee paid by the User/s. The user/s is therefore
deemed to have understood and accepted that once the fee is paid to the MERAFUTURE as
per the services availed, there shall be no refund of the said Fee.
9.
TERM
AND TERMINATION OF THE CONTRACT
There shall be no Contract between the MERAFUTURE and
the user/s until the services are availed by user/s against consideration. The
Access to the free portion of the website is only for welfare of the user and
does not give rise to any Contract between the user/s and the MERAFUTURE in
any manner.
The Contract against consideration for the services shall be
strictly in terms of the services availed and shall end as soon as the services
are rendered.
MERAFUTURE is
entitled to terminate the contract at all times and with immediate effect (by
disabling your use of the Website and the Service) if you:
i.
Violate
or breach any term of this AGREEMENT; and/or
ii.
In
the opinion of MERAFUTURE, misuse the Website or Service; and/or
iii.
At
the sole discretion of the MERAFUTURE for which MERAFUTURE is
under no obligation to assign any reason.
MERAFUTURE is not obliged to give prior notice of
the termination of contract.
10.INTELLECTUAL PROPERTY OWNERSHIP
MERAFUTURE alone
(and its licensors, where applicable) shall own all rights, titles and interests,
including all intellectual property rights, in and to the Website and Service
and any suggestions, ideas, enhancement requests, feedback, recommendations or
other information provided by you or any other party related or not related to
the Website or the Service.
You may not use, copy, adapt, modify, create derivative works
from, distribute, license, sell, transfer, publicly display, publicly perform,
reproduce, transmit, stream, broadcast or otherwise exploit the Website,
Service or Collective Content, except as expressly permitted in this MERAFUTURE platform. You
may not use any Collective Content without first obtaining the written consent
of MERAFUTURE.
No licenses or rights are granted to you by implication or
otherwise under any intellectual property rights owned or controlled by MERAFUTURE or
its licensors, except for the licenses and rights expressly granted in this
Agreement.
The parties agree to let MERAFUTURE use any/all of their
trademark logos on the MERAFUTURE website, whether registered or unregistered.
MERAFUTURE reserves the right to have the sole discretion in deciding to use
any/all trademark logo(s) of a user of MERAFUTURE on the MERFUTURE website.
This AGREEMENT does not constitute a sale and does not convey to
you any rights of ownership in or related to the Website, or any intellectual
property rights owned by MERAFUTURE. MERAFUTURE’s
name, logo, and the product names associated with the Website and the Service
are trademarks of Owner, its affiliated companies or third parties, and no
right or license is granted to use them
11.WEBSITE LICENSE
Subject to your compliance with this AGREEMENT, MERAFUTURE grants
you a limited non-exclusive, non-transferable license for the use of the
Website.
You shall not indulged in any of the following activities:
License, sub license, sell, resell, transfer , assign,
distribute or otherwise commercially exploit or make available to any third
party the Service or Website in any way;
Modify or make derivative works based upon the Service or
Website;
Create internet “links” to the Service, “frame”, or “mirror” any
Website or any other server or wireless or Internet – based device;
Reverse engineer or access the Website in order to:
i.
Design
or build a competitive product or service;
ii.
Design or build a
product using similar ideas, features, functions, or graphics of the Service or
Website’;
iii.
Copy
any ideas, features, functions or graphics of the Service or Website
iv.
Launch an automated
program or script, including, but not limited to, web spiders, web crawlers,
web robots, web ants, we indexers, bots, viruses or worms or any program which
may make multiple server requests per second, or unduly burdens or hinders the
operation and/ or performance of the Website.
v.
Send
spam or otherwise duplicative or unsolicited messages in violation of
applicable laws;
vi.
Send or store
infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous
material, including material harmful to children or violative of third party
privacy rights;
vii.
Send or store material
containing software viruses, worms, Trojan horses or other harmful computer
code, files, scripts, agents or programs;
viii.
Interfere with or
disrupt the integrity or the performance of the Website, the Website or Service
or the data contained therein; and/or
ix.
Attempt to gain
unauthorized access to the website.
In addition to the above, you:
i.
will
not authorize others to use your account;
ii.
will
not assign or otherwise transfer your account to any other person or legal
entity;
iii.
will
not use an account that is subject to any rights of a person other than you without
appropriate authorization;
iv.
will
not use the Service or website for unlawful purposes, including but not limited
to sending or storing any unlawful material or for fraudulent purposes;
v.
will
provide us with whatever proof of identity we may reasonably request;
vi.
will
comply with all the applicable law from your home nation, the country, state
and/ or city in which you are present while using the Website or the Service.
MERAFUTURE will
have the right to investigate and prosecute violations of any of the above to
the fullest extent of the law. MERAFUTURE may involve and cooperate with law
enforcement authorities in prosecuting users who violate the terms of this
AGREEMENT.
You acknowledge that MERAFUTURE has
no obligation to monitor your access to or use of the Website, Service or
Collective Content or to review or edit any Collective Content, but has the
right to do so for the purpose of operating the Website, to ensure your
compliance with the terms of this AGREEMENT or to comply with the applicable
law or the order or requirement of a court, administrative agency or any other
governmental body.
MERAFUTURE reserves
the right, at any time and without prior notice, to remove or disable access to
any Collective Content that MERAFUTURE, at its sole discretion, considers to be in
violation of these Terms or otherwise harmful to the Website, the Service or
Website.
12.CONDITIONS FOR USE OF WEBSITE
In case of noncompliance with rules and regulations, user
agreement and privacy policy, for access or usage of intermediaries computer
resources, the Intermediary has the right to immediately terminate the access
or usage rights of the users to the computer resources of Intermediaries and
remove non- complaint information.
You warrant that the information you provide to MERAFUTURE is
accurate and complete. MERAFUTURE is entitled at all times to verify the
information that you have provided and to refuse the Service or use of the
website without providing reasons.
You agree and undertake that you shall not host, display,
upload, modify, publish, transmit, update or share any information or share
/list (s) any information or item that :
i.
Belongs
to the another person and to which you do not have any right ;
ii.
Harms
minors in any way;
iii.
Infringes
any patent, trademark, copyright or other proprietary rights or third party’s
trade secrets or right of publicity or privacy or shall not be fraudulent or
involved the sale of counterfeit or stolen items;
iv.
Involves
the transmissions of “junk mails”, “chain letters”, or unsolicited mask mailing
or “spamming”;
v.
Violates
any law for the time being in force;
vi.
Deceives
or misleads addressee/ users about the origin of such messages or communicates
any information which is grossly offensive or menacing in nature;
vii.
Impersonates
another person;
viii.
Contains
software viruses or any other computer code, file or programs designed to
interrupt, destroy or limit the functionality of any computer resources;
ix.
Threatens
the unity, integrity, defense, security or sovereignty of Pakistan, friendly
relations with foreign states, or public order or causes incitement to the
communication of any cognizable offence or prevents investigation of any
offence or is insulting any other nation; and/or
x.
Is false,
inaccurate or misleading;
MERAFUTURE further
reserves the right at its sole discretion to block or remove (in whole or in
part) any content posted or transmitted by you and which MERAFUTURE believes
is not in accordance with this AGREEMENT
(including materials which infringe or may infringe third party
intellectual property rights, rights of privacy or personality rights), or is
otherwise unacceptable to MERAFUTURE.
You agree to promptly notify MERAFUTURE in
writing of any user content, which breaches these User Terms. You agree to
provide to MERAFUTURE sufficient information to enable MERAFUTURE to
investigate whether such User Content breaches the terms of AGREEMENT. MERAFUTURE agrees
to make good faith efforts to investigate such complaint and shall take such
notice as MERAFUTURE in its sole discretion decides. However, MERAFUTURE does
not warrant or represent that it will block or remove (in whole or in part)
such user Content.
13.CONSEQUENCES OF BREACH OF TERMS
Without limiting other remedies, MERAFUTURE may
limit your activity, immediately remove your information or end your
registration, warn other Users of your actions, temporarily/ indefinitely
suspend or terminate or block your membership, and/ or refuse to provide you
with access to the Website in the event, but not limited to following
activities:
If you breach the AGREEMENT or Privacy Policy or the documents,
agreements rules, policies, terms and conditions as incorporated herein by
reference;
If MERAFUTURE is unable to verify or authenticate any
information provided by you; or
If it is believed that your actions may cause legal liability
for other Users or MERAFUTURE.
User/s who has been suspended or blocked may not register or
attempt to register with MERAFUTURE or use the Website in any manner
whatsoever until such time that such user/s is permitted to do so by MERAFUTURE.
Notwithstanding the
forgoing, if you breach the AGREEMENT or
any other documents it incorporates by reference, MERAFUTURE reserves
the right to forfeit the money paid by you to MERAFUTURE and
to take strict legal action including but not limited to a referral to the
appropriate police or the other authorities for initiating criminal or other
proceedings against you.
MERAFUTURE reserves its right to initiate civil
and/ or criminal proceedings against a user/s who furnishes invalid/false claim
or misleading information to MERAFUTURE.
Any person who,
knowingly and with an intent to injure, defraud or deceive MERAFUTURE,
files Fraudulent information containing false, incomplete, or misleading
information shall be guilty of a criminal offence and will be prosecuted to the
fullest extent to the law.
14.DEFICIENCY IN SERVICE
MERAFUTURE reserves
the right to temporarily/ indefinitely suspend or terminate your registration
and refuse to provide you with access to all current and future use of the
Website at its sole discretion which shall not be termed as deficiency in
service in any manner as per law and the user/s hereby expressly waives its
right to call in question in any manner, any such suspension/termination of
services by the MERAFUTURE.
Further, MERAFUTURE reserves its right to suspend the
operation of the website for updation/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.
15.INDEMNITY
You confirm that you shall be responsible for any damage that
may be caused to MERAFUTURE for wrongful use of the website or its
contents by you including but not limited to Intellectual property
Violations/Breach of terms & Conditions of AGREEMENT or in any manner as
the case may be.
By accepting User Terms and using the Website or Service, you
agree that you shall defend, indemnify and hold MERAFUTURE, 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 MERAFUTURE, made by any third party arising out of or in
connection with:
i.
Your
violation or breach of any term of these User Terms or any applicable law or
regulation, whether or not referred herein;
ii.
Your
violation of any rights of any third party, including experts arranged via the
Website; and/or
iii.
Your
use or misuse of the Website or Services.
16.LIABILITY
The information, recommendations and/ or services provided to
you on or through the Website, the Service and the Website is for general
information purposes only as bonafide guidance and does not constitute any
commitment of performance of user in any manner.
MERAFUTURE will
reasonably keep the site and its contents correct and up to date but does not
guarantee that the contents of the Website are free of errors, defects, malware
or any viruses.
MERAFUTURE endeavors
to render the utmost quality of the services rendered, however shall not be
liable in any manner for any interruption in service for any reasons
whatsoever.
MERAFUTURE may
permit advertisements of third parties on the website and shall not be
responsible for the contents/assurances/services or anything relating to such
third party advertisement in any manner whatsoever.
17.LIMITATION OF LIABILITY
In no event shall MERAFUTURE be liable for the amount more than that
received by the MERAFUTURE from complainant user/s for any direct,
indirect, incidental, special, incidental, consequential or exemplary damages
including but not limited to damages for non admission/performance/loss of
goodwill, use, data or other intangible losses arising out of or in connection
with the website, its services or this agreement( however arising, including
negligence).
MERAFUTURE assumes
no liability whatsoever for any monetary or other damage suffered by you on
account of:
i.
The
delay, failure, interruption, or corruption of any data or other information
transmitted in connection with use of the Website; and/or
ii.
Any
interruption or errors in the operation of the Website.
18.COMMUNICATION POLICY
You are prohibited to engage in direct or indirect communication
with Counselors/consultants of MERAFUTURE except for the purposes of the services
availed by you.
MERAFUTURE intermediate
the communication between user/s and the Counselors which shall be limited for
the purposes of service availed and the MERAFUTURE shall
not be responsible for any communication between the user and the counselor
beyond the scope of the services availed by the user/s in any manner
whatsoever.
Violations of policy may result in a range of actions including
but not limited to:
i.
Cancellation
of your registration;
ii.
Limits
on account privileges;
iii.
Account
suspension;
iv.
Compensation
for breach of duty; and/or
v.
Any
other proceedings as the law may permit.
19.NOTICE
MERAFUTURE may
give notice by means of a general notice on the Website, or by electronic mail
to your e-mail address on record in MERAFUTURE’s
account information, or by written communication sent by regular mail to your
address on record in MERAFUTURE’s account information.
You agree that all the agreements, notices, disclosures and
other communications that we provide to you electronically shall be deemed
adequate service of notice/ electronic record and satisfy any legal requirement
that such communication be in writing in terms of the present AGREEMENT .
20.FEEDBACK
MERAFUTURE is
always open to the suggestions of the user/s and shall endeavor to do all such
suggestions that may enhance the utility to the user/s for the benefit of
user/s as well as MERAFUTURE.
However, MERAFUTURE is
not bound by any suggestions in any manner whatsoever.
21.GENERAL
Assignment
You cannot assign or
otherwise transfer this agreement or any rights granted here under to any third
party. MERAFUTURE may transfer its rights and obligations(
also known as “ assign”) under this Agreement without your prior express
consent, provided that MERAFUTURE assigns the Agreement on the same terms
or terms that are no less advantageous to you.
Report
Your
Career Assessment Report (CAR) is a confidential document, and intellectual
property of Merafuture, which should not be shared on internet or social media
or distributed to a mass audience.
Legal Advice
You undertake that you
had every opportunity to take legal opinion on the present agreement and have
understood the legal implications of every clause before agreeing to the same
in totality and using the Website.
