Terms of Use
Terms of Use
Welcome to our website. MS in US is a subsidiary of and operates under the legal name Qogent Learning Solutions (OPC) Private Limited. If you continue to browse and use this website and our services, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern the relationship between you and “msinus.in” in relation to this website. The term “this site” refers to “msinus.in“. The term “msinus.in” or “MS in US” or “Qogent”, “Platform” or “website” or “Qogent Learning Solutions”, “us” or “we” refers to the owner of the website whose contact address is hello@msinus.in. The term “you” refers to the user or viewer of this website.
MS in US is build to assist students with their application process for higher studies in US. This platform includes the necessary tools, information, assessments and guidelines for students which help them in doing the application process themselves. For students who wish to take our personal guidance for the applications, we provide the consultation services as well.
Terms of Use
By accessing and/or using this website or the services offered by MS in US, you agree to be bound by these Terms of Use, whether you are:
- "Visitor," meaning you simply browse the Platforms, including, without limitation, through a mobile or other wireless device, or otherwise use the Platforms without being registered, or
- "Student," meaning that you have registered with MS in US for a User ID and User Password (defined below).
- Contractor providing services to MS in US or Students.
The term "User" refers to a Visitor, Student or Contractor.
You are authorized to use this website and associated services only if you agree to abide by all applicable laws, rules and regulations and these Terms of Use.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES OFFERED BY US. MS IN US'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, TO THE EXCLUSION OF ALL OTHER TERMS.
We reserve the right to change or modify these Terms of Use at our sole discretion at any time. Any change or modification to these Terms of Use will be effective immediately upon posting by MS in US on this website. You are responsible for periodically reviewing the most up to date version of these Terms of Use.
Your continued use of this website or it's services constitutes acceptance of any changes or modification made by us to these Terms of Use.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website may contain the material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- Certain elements of this site may contain material submitted by users. msinus.in accepts no responsibility for the content, accuracy, and conformity to applicable laws of such material.
- All trademarks reproduced in this website which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorized use of this website may give rise to a claim for damages against the user and/or be a criminal offense.
- This website includes links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- You may not create a link to this website from another website or document without prior written consent from "msinus.in".
- You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by "msinus.in" to resolve any legal matter arising from this agreement or related to your use of "msinus.in". If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.
- You expressly understand and agree that under no circumstances, the membership/service charges refund will be made to the User.
User Accounts and Memberships
Upon full payment of the membership fees, MS in US shall deliver your log in, password, MS in US's Terms of use and email confirmation which shall have the payment invoice within 24 hours to your registered email id.
This shall be considered to be proof of delivery against the successful payment of fees. In case the payment is not credited to MS in US's account in a period of 3 working days, MS in US will at it owns discretion withdraw the log in and password of the account without giving any prior notice.
In order to participate in most Site activities, you must register for a personal account on the Site (a "User ID") by providing an email address and a password ("User Password") that is unique and entirely different from your User ID (collectively, a "User Account")for your User any additional information required herein or on the Site. Participants of MS in US live sessions may not need to register for a User Account and MS in US may provide such participants with separate necessary to register for and access MS in US live sessions (a "MS in US Live Login Credential"). You agree that you will never divulge or share access or access information to your User Account Credential with any third party for any reason. You also agree that you will create, use, and/or access only one User Account or MS in US Live Login Credential, and that you will not using any User Account or MS in US Live Login Credential other than your own.
In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and email address. Additional information may be required to confirm your identity. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Platforms and your enrollment in the Online Courses, or a Program, to the extent applicable.
You agree to notify us immediately upon becoming aware of or suspecting any unauthorized use of your User Account or MS in US Live Login Credential. We will not be responsible damage arising from unauthorized access to your User Account or MS in US Live Login Credential.
You agree to notify us immediately upon becoming aware of or suspecting any unauthorized use of your User Account or MS in US Live Login Credential. We will not be responsible damage arising from unauthorized access to your User Account or MS in US Live Login Credential.
In addition to the registration process, as part of your use of the Platforms or participation in memberships, we may obtain certain information about you. Some of this information may be personally identifiable information. We may use, maintain, and store this information to provide certain services to you now and in the future and may share such information with third parties in conjunction with such services. For example, as further detailed in our Privacy Policy, we may share certain materials or information about you with third parties, including your profile, university details etc.
Our Privacy Policy further explains how we treat information collected and received from you when you use this website. Our Privacy Policy is hereby incorporated into these Terms of Use by reference. Please read this policy carefully for disclosures relating to the collection, use, and disclosure of your personal information. By accepting these Terms of Use you are accepting our Privacy Policy.
The Platforms are available to any User. However, access to certain information is restricted to users that have a registered User Account and membership.
By registering, you agree that:
you are registered for the membership only once and will not set up multiple User Accounts; and
you will abide by these Terms of Use.
In addition to the points above, you agree that you are registering with the intent to help yourself with the application process to US universities.
User Conduct Policy
To the extent you are registered or enrolled for a membership, or are otherwise attending, any other consultancy or other institution with its own policy regarding student and/or employee conduct or an "honor code," those terms shall apply to you as a member and/or employee of such institution. Additionally, unless the following conflicts with such a policy or honor code, any member of this website agrees that he or she will abide by the User Conduct Policy as listed below:
THE FOLLOWING KINDS OF CONTENT ("PROHIBITED CONTENT") ARE STRICTLY PROHIBITED ON THE SITE:
- Content that defames, harasses, discriminates against, harms or threatens others.
- Content that discusses illegal activities, with the intent to commit them.
- Content that infringes or misappropriates patent, trademark, trade secret, right of publicity, or other intellectual property rights of third parties.
- Content that you do not have the right to disclose.
- Profane, pornographic, obscene, indecent or unlawful content.
- Advertising or any form of commercial solicitation.
- Content related to partisan political activities.
- Content that contains intentionally inaccurate information or that is posted with the intent of misleading others.
- that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others
- that consists of any high volume, automated, or electronic means to access the Platforms (including without limitation robots, spiders or scripts).
- that violates the rights of other Users of the Platforms.
- that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.
User Content
The access to this platform may provide you with the ability to upload forum posts, chat with other Users, User discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the memberships, e.g., questions, hypotheticals, examples, etc. (collectively, "User Content"). MS in US does not claim ownership of any User Content you may submit or make available for inclusion on the website. Accordingly, subject to the license granted to MS in US below, User will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content.
With respect to any User Content you submit to MS in US or that is otherwise made available to MS in US, you hereby grant MS in US an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Platforms or in the Online Courses or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose); except that, with regard to User Content comprised of a subtitle, caption or translation of Content, you agree that the license granted to MS in US above shall be exclusive. MS in US reserves the right to remove any User Content at any time and for any reason.
To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit MS in US to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and MS in US, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.
With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from India or the country in which you reside.
Payment Terms, Refund & Cancellation Policy
Unless otherwise expressly agreed in writing by MS in US, full payment for a service or membership is required at the time of registration. Specific payment requirements and related provided to you at the time of registration or on the applicable, service-specific web page. In case of memberships or services that include a free trial then the full payment will be due upon such free trial period has concluded.
Scholar Packages come with a 30 day refund guarantee. In case we do not meet the your expectation of quality of service, you can write an email to our support team. Your refund mode will be direct transfer back to the account you have used during the payment. Your refund will be processed within 7 working days of raising a request. In case of refund request, the refund will not include the GST paid for the package and the amount for any 'service' used during the period of enrolment to the package is deducted and the remaining amount will be refunded to your bank account.
It is the sole responsibility of the student enrolling for a membership/service to check the accuracy of, and evaluate the suitability and relevance of, the membership/service elected. No refund will be made once payment for a membership/service has been made. The enrolment is non-transferable.
To purchase any services or products offered by MS in US through this platform, you must have Internet access and a current valid accepted payment method as indicated during sign-up ("Payment Method"). MS in US does not store any of your credit card information or such other information restricted by RBI for processing payment, and has partnered with payment gateways for the payment towards the services. You agree that in case MS in US's third-party payment provider stores any such information, MS in US will not be responsible for such storage, and it will be solely by your discretion to allow the third party to store such information. Any loss of such information or any loss incurred by you due to usage of such information will be solely a loss incurred by you, and MS in US is in no ways liable for any such losses, and is neither responsible to reimburse / make good such losses in any manner whatsoever. You also agree to pay the applicable fees for the services or products you purchase through MS in US as they become due.
Failure to pay may result in the termination of your membership. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. MS in US does not support all payment methods, currencies or locations for payment. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. For subscription products or services, you may cancel at any time by going to your account settings. Other than stated above, you hereby acknowledge and agree that MS in US will not offer refunds on any fees and charges related to your subscription. This includes any partially used or unused periods for which you have already paid. Your obligation to pay fees continues through the end of the membership period during which you cancel your membership. We do not guarantee refunds for lack of usage or dissatisfaction.
You may cancel the membership at any time by going to your account settings. If you cancel your membership at any time before the date of expiry, you will still be charged and no refund will be processed for the fees already paid.
Cancellation Policy
You may cancel your enrolment at any time. MS in US will not refund the fee once proof of delivery has been generated. You may cancel your membership by going to your account settings.
Services Availability and Limitations
You agree that MS in US, in its sole discretion, may terminate your use of the website or your participation, for any reason or no reason, and that MS in US shall not have any such action; provided, however, that if MS in US terminates your participation other than for cause including, without limitation, your failure to comply with any term of will receive a pro-rata refund of any money you paid. It is MS in US's policy to terminate, under inappropriate circumstances, users of this website who are violating the terms of use of MS in US as stated hereunder. MS in US will not be required to provide you any service or engage in any activity (including but not limited to providing you and/or credentials or acknowledgements relating believes that the service or activity may violate any applicable law or regulation. You further acknowledge that for the purpose of your sole relationship with MS in US is Agreements. Termination does not give rise to any right to any grievance or other resolution process for student disputes at MS in US, or any other school, division, program of or associated with MS in US. You agree that MS in US has the right to cancel, delay, reschedule, or alter the format of any content at any time. If you no longer use any membership or use the Site, you may terminate your participation upon notice to MS in US. The rights granted to you hereunder will terminate upon any termination of your right to participation in a membership, but the other provisions of the Agreements will survive any such termination. You acknowledge and agree that MS in US's services, including paid services and products, are not available at all times, and that certain usage limits may apply. You also understand that MS in US, at its sole discretion, may limit, suspend, or terminate your use of all MS in US-provided services, such as access to MS in US mentors or support services, evaluation services, or certifications. You also understand that MS in US may modify or discontinue all services at its sole discretion.
Disclaimer of Warranties
You expressly acknowledge and agree that your use of this platform, and all Content and services available on the this Platform is at your sole risk and responsibility. ANY CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE ONLINE CONTENT.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE PLATFORM CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE PLATFORM WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE PLATFORM, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR- FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE PLATFORMS OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF THE ONLINE COURSES AND CONTENT.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MS IN US BE LIABLE TO THE USER OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OF USE (INCLUDING ANY BREACH OF SECURITY OR DATA LOSS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, LOSS OR INACCURACY OF DATA OR DOCUMENTS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE. MS IN US'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE WILL NOT EXCEED THE GREATER OF TWENTY RUPEES ONE HUNDRED (INR 100) OR THE AMOUNT OF FEES RECEIVED BY MS IN US FROM THE COMPLAINING USER FOR THE USE OF THE PLATFORMS OR ONLINE COURSES; THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT EXPAND OR INCREASE THE FOREGOING LIMITATION. THE PARTIES ACKNOWLEDGE THAT THIS CLAUSE REFLECTS THE AGREED UPON ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT MS IN US WOULD NOT ENTER INTO THESE TERMS OF USE OR MAKE THE ONLINE COURSES AVAILABLE TO USER WITHOUT THESE LIMITATIONS ON LIABILITY. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN.
Terms of service
1. Services to be rendered and authorisations
The user, referred to as 'candidate' from here on, is agreeing to comply with and be bound by the following terms and conditions by enrolling himself/herself to the any service(s) offered by MS in US.
"msinus.in" provides and the following services to candidates desirous of securing admissions to Universities situated at US: The student has accepted to be provided the following services.
- Career counseling.
- Assistance with document preparation.
- Assistance in selecting a suitable degree course in an institution of higher education in US matching the profile of the student.
- Advice, guidance, and support in the application process.
- Advice, guidance, and support for learning US Language.
- Advice, guidance, and support for GRE, IELTS or TOEFL test preparation.
- Assistance for Education Loan, Blocked account opening, health insurance.
- Assistance for Accommodation Search in US.
- Assistance for full or part time job search in US.
- US Visa assistance.
- Overall personal assistance.
2. "msinus.in" is fully authorized and empowered by the candidate to act on his/her behalf, represent him/her in all matters relating to his/her admission(s) and to interact with the concerned authorities on his/her behalf.
3. "msinus.in" is authorized by the Candidate to prepare, sign, submit, translate and certify any and all documents and papers as may be deemed necessary by "msinus.in" in its absolute discretion and pay the prescribed fees and expenses as may be required to facilitate the process of admission.
"msinus.in" is authorized to perform all such acts and complete all formalities that may be required under the laws of India and US for the purpose of obtaining admission of the candidate to a University in US, and generally for facilitation and due provision of any and all services that are to be provided by "msinus.in" to the candidate under this Agreement.
2. Applications and documents
4. The candidate agrees to provide any document that may be deemed necessary by "msinus.in" for the purpose of securing admission of the Candidate to a US University and for due provision of any and all services under the present Agreement.
3. Service charges
5. At the time of enrollment to MS in US Memberships/Services, the candidate shall pay to "msinus.in" due service charges (if any). The said service charge will be for the above listed services rendered by "msinus.in".
5. Under no circumstances, the service charges refund will be made to the Candidate unless it is exclusively mentioned in the service description.
6. The candidate agrees and understands that the counseling fee would be due and payable in full even if, for any reason whatsoever including force Majeure reasons. The candidate cannot avail of the admission granted to him/her without the payment. In case the candidate secures admission in a University but chooses not to proceed further, the candidate shall be liable to pay to "msinus.in" as if he has opted to join the University.
7. The candidate agrees that counseling fee would be due and payable in full even if, for any reason whatsoever including force Majeure reasons, he/she forfeits the Scholar Pro service.
4. Enrolment, application and admission procedure
8. On payment of the service charges and submission of the online application from, "msinus.in" shall confirm the candidate’s enrolment with for the respective service.
9. "msinus.in" shall be entitled to a minimum of 30 working days to complete the enrollment process. "msinus.in" shall not be held responsible for any delay in submitting the application form which has been caused on account of late receipt of payments from the Candidate or due to any inadequacy/deficiency in the documentation submitted by the Candidate.
10. The application and the documents submitted by the Candidate shall be assessed by "msinus.in". This assessment will be based on the Candidates previous academic profile and the eligibility criteria of the University. Keeping in mind the requirements of the Candidate and the eligibility criteria of the University, "msinus.in" will shortlist Universities and Institutes most suited to the candidate, in its own absolute and unfettered discretion. The candidate shall go through the details of the Universities and the programs offered by it on the websites as provided by "msinus.in". The candidates accepts that if he or she applies for any of these shortlisted Universities or Institutions through any other company. He or she will be considered as a student of "msinus.in".
11. Any changes desired by the Candidate in the Universities shortlisted by "msinus.in" shall be intimated to "msinus.in", in writing, within a period of three working days from the date of intimation of the universities. Thereafter, no changes in the names of the universities so shortlisted shall be entertained by "msinus.in" and the candidate shall not have any entitlement to raise any objection as regards the selection of University at any subsequent point in time.
12. The Candidate having confirmed the list of universities shortlisted, the final choice of the Universities shall vest with "msinus.in" and "msinus.in" shall make its best efforts to secure admission for the Candidate in at least one of the shortlisted Universities and Institutes. The Candidate understands and agrees that "msinus.in" does not guarantee that it will be able to secure the candidate’s admission in any particular University.
4. Miscellaneous
13. "msinus.in" will provide services to the candidate to the best of its abilities and as per the terms and conditions applicable. However, "msinus.in" will not be responsible for any loss or damage whatsoever, to either the candidate because of changes in the policies and procedures of US embassy/International Universities/Institutes/Companies/Agents with which "msinus.in" deals.
14. The candidate clearly understands and agrees that the choice of the University and course has been entirely his/her and that "msinus.in" is not in any manner responsible or liable for any consequence that may arise as a result of the decision of the candidate.
15. The candidate understands and agrees that "msinus.in" offers only guidance to the Candidates for obtaining Visa and does not guarantee its issuance which is the sole and absolute discretion of the US Embassy.
16. In case the candidate seeks the help of "msinus.in" for obtaining bank loans the same shall be extended by "msinus.in" purely gratis and without consideration. It will not be a service rendered by "msinus.in" in respect of which any deficiency, imperfection or shortcoming can be alleged.
17. "msinus.in" shall not be held responsible for the refusal of admission to a University on the grounds of non-payment of application fees, lack of documents and/or incomplete/inadequate documents, inadequate test scores etc and/or any other reason. The candidate agrees that in such circumstances the Candidate will not have any claim over the fees already paid to "msinus.in".
18. The candidate undertakes that he/she will not communicate in any manner whatsoever with the university till the complete payment of consulting charges to "msinus.in". The Candidate agrees not to make any effort to receive the admission letter directly from the University and in case the candidate violates this clause, the candidate shall be disentitled to any kind of services, refund, concession and future consideration.
19. That in cases where the Candidate application/document and payments for service charges are forwarded to "msinus.in" by an Associate or sub-agent, "msinus.in" shall bear no responsibility for any additional consultancy/services charges levied by such an Associate or sub-agent.
20. The candidate declares that all the documents and information furnished by him/her are true and correct. The candidate shall be responsible for the authenticity and veracity of all the documents submitted to "msinus.in".
"msinus.in" shall not be held responsible for any action that may be initiated by any University and/or the Government of India and/or Government US and/or any other authorised agency/department in the event that the documents/information furnished by the candidate are found to be incorrect, fabricated, forged, false or inaccurate.
21. The candidate hereby authorizes the release of all information relating to the application(s) and visa by "msinus.in".
22. The Candidate undertakes not to travel to US to take up admission till such time he/she has paid the complete service charges and any and all other outstanding dues to "msinus.in", as demanded by "msinus.in".
23. The candidate is aware that in the event the candidate does not attend classes regularly at the University or the candidate causes any problem during his / her stay in US, the University and Institute shall present the candidate before the immigration authorities. In such cases, the residence permit or the visa of the candidate may be declared invalid and the candidate may be deported from US. On the occurrence of such an event, no liability of any nature will accrue unto "msinus.in".
24. The tuition fee (if any) of the University/Institute shall be payable by the candidate.
25. The candidate shall make all arrangements and shall be responsible for financing his/her stay in US through his/her own sources.
26. The candidate shall be covered by medical insurance for the duration of his/her stay in US.
27. The Candidate is aware that he/she is going to US for studies and shall be bound by the laws and rules and regulations as laid down for Candidate’s visa by Department of Justice, Government of US.
28. That the candidate shall be solely responsible for all his / her actions during his / her stay and travel in US.
29. The candidate shall take necessary and proper permissions from the required immigration authorities before he/she enters any other European country during his / her stay in US.
30. That the candidates understands and agrees that in the event of the Candidate and/or his representative or anyone acting on his behalf is impolite, rude or offensive to any staff member of "msinus.in" in any manner and/or by his words, spoken or written or by gestures; insults, annoys, harasses or offends any staff member of "msinus.in", "msinus.in" in its sole discretion shall have the unfettered entitlement to forthwith upon receipt of a complaint, stop the provision of all services to the candidate and in which case the candidate will not be entitled to any refund or damages. In such an eventuality, "msinus.in" shall stand released of any and all obligations under this Agreement.
31. The Candidate declares that no proceedings, including but not limited to, registration of First Information Report (FIR) involving criminal consequences has ever been initiated against him/her and that he/she has not been charged with or convicted of any crime in any jurisdiction including his/her home jurisdiction.
32. The candidate understands, agrees and undertakes that till the receipt and acceptance of a formal letter granting admission to the candidate, the candidate shall not to in any manner, including but not limited to, by making telephone calls, by fax, e-mails or any other mode, communicate with any of the shortlisted Universities or Institutes as any such communication or attempted communication impedes and retards the admission process. Any failure or delay in admission caused by any such attempt made by the candidate shall not be attributable to "msinus.in". In the event any candidate is found to have or attempted to have communicated directly with any of the shortlisted Universities or Institutes, "msinus.in" in its sole discretion shall have the unfettered entitlement to forthwith stop the provision of all services to the candidate and in which case the candidate will not be entitled to any refund or damages. In such an eventuality, "msinus.in" shall stand released of any and all obligations under this Agreement.
33. The candidate accepts that this agreement is valid until the intake applied for. In case of extension of services beyond intake, additional service charges are payable by the candidate.
5. Severability
34. If any one or more provisions of this Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired.
6. Arbitration and jurisdiction
35. That in the event of any dispute or differences arising out of or relating to or in connection with this agreement, the parties shall enter, in good faith, into negotiations aimed at finding an amicable solution. If the disputes cannot be resolved in a satisfactory manner, the disputes shall be referred to the arbitration of a sole arbitrator to be appointed by "msinus.in". The provisions of the Arbitration and Conciliation Act, 1996 shall apply. The venue of arbitration shall be Bangalore, India. The award of the Arbitrator shall be final and conclusive and binding on both parties.
36. This agreement shall be governed by and interpreted in accordance with the laws of India and the parties hereby agree that the courts of Bangalore shall have exclusive jurisdiction.
37. This Agreement shall constitute a valid and binding contract between the Parties. This Agreement sets forth the complete understanding between the Parties hereto and supersedes any previous communication between the parties. The terms of this Agreement shall not be altered or added to nor shall anything be omitted there from except by means of a supplementary deed in writing duly signed by the parties hereto.
Indemnity
You agree to indemnify and hold harmless MS in US from any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees and costs, relating to or arising out of (a) your use or attempted use of the Site or Programs in violation of the Agreements; (b) your violation of any law or rights of any third party; or (c) information or content that you or others post or otherwise make available on the Site or through any Program, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Termination of Rights
You agree that MS in US, in its sole discretion, may deactivate your account or otherwise terminate your use of the Platforms or Online Courses for any reason or no reason, including, without limitation, if MS in US believes that you have (a) breached these Terms of Use; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted Unauthorized Content to the Platforms; or (d) violated or acted inconsistently with the letter or spirit of these Terms of Use or any applicable code of conduct. You agree that any deactivation or termination of your access to the Platforms or Online Courses may be effected without prior notice to you and that MS in US shall not be liable to you nor any third party for any termination of your account or the Online Courses. You also acknowledge that MS in US may retain and store your information on MS in US's systems notwithstanding any termination of your account or the Online Courses.
Dispute Procedure and Claims of Copyright Infringement
Qogent respects the rights and intellectual property of others, and we ask our users to do the same. If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright or other intellectual property interest.
- a description of the product, work or other intellectual property that you claim has been misrepresented or infringed.
- a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Online Courses.
- your address, telephone number, and email address.
- a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law.
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner's behalf.
MS in US's Copyright Agent for notices of disputes or claims of copyright or other intellectual property infringement can be reached as follows:
QOGENT LEARNING SOLUTIONS (OPC) PRIVATE LIMITED
#14, 1st Main Road
Arekere Mico Layout 1st stage
Bangalore - 560078
Kernataka, India.
Tel: +91 8073 259343
Email: hello@qogent.in
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Our Terms of Use were last updated on May 22, 2018.