CLIENT TERMS OF SERVICE
The terms and conditions set forth below are integral to the provision of services by Prashant Pinge ("LemonEd") to any customer or client ("Client"). LemonEd provides services in admissions consulting and career coaching, each with its own terms and conditions.
When you purchase services from LemonEd, you agree to the terms and conditions of this Agreement ("Agreement").
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1) Services
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(a) Education Consulting
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i) Description
LemonEd will provide the Client with advice, strategy, and assistance in career counseling for students in Grades 9 through 12 and admissions consulting for undergraduate, graduate, and MBA programs as described on the relevant pages of the LemonEd website (www.lemoned.com).
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ii) Term
This Agreement will be valid for the number of sessions booked or until the Client receives final decisions from all schools and programs LemonEd assisted with and a decision is made regarding program enrollment, depending on the service(s) selected. The Agreement will apply only to the academic year and/or application season the Client has signed up for and will not extend beyond it.
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iii) Fees
The Client will pay the full consulting fees to LemonEd prior to the commencement of the education consulting services, as per the opted package.
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iv) Obligations
LemonEd will:
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Develop a career and admissions roadmap, provide expert guidance, advice, and feedback on all elements of the Client’s application process.
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Provide timely feedback (usually within 48 hours).
LemonEd will NOT engage in the following activities:
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Write, draft, or compose essays, letters of recommendation, or any other materials for applications.
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Work or interact with anyone other than the Client, except in the case of career counselling for students in grades 9 through 12, where parents may be involved in discussions as appropriate.
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Submit applications or any related materials on behalf of the Client.
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Guarantee admission to any program.
The Client will:
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Adhere to the schedule, including appointments, agreed upon with LemonEd.
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Provide accurate and authentic information for career counseling and applications.
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Verify all deadlines and requirements of schools and programs.
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Write, draft, and complete all essays and other application-related materials.
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Ensure that no content used in the application is plagiarized.
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Be responsible for the final version of all application-related materials.
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Submit applications, including all required materials, within deadlines.
v) No Warranty
LEMONED'S SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND. LEMONED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LEMONED MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO (A) INCREASING THE CLIENT'S CHANCES OF SUCCESS IN OBTAINING ADMISSION TO ANY PROGRAM OR (B) ANY GUARANTEE THAT THE CLIENT WILL OBTAIN ADMISSION TO ANY PROGRAM.
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vi) Indemnification
THE CLIENT AGREES THAT LEMONED SHALL NOT BE IN ANY WAY LIABLE IF THE CLIENT FAILS TO OBTAIN ADMISSION TO ANY PROGRAM. THE CLIENT FURTHER AGREES TO INDEMNIFY, DEFEND AND HOLD LEMONED HARMLESS FROM AND AGAINST ALL LIABILITIES, CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING REASONABLE LEGAL FEES AND EXPENSES, STEMMING FROM THIRD-PARTY CLAIMS ARISING OUT OF OR RESULTING FROM THE CLIENT'S ACTS OR OMISSIONS IN CONNECTION WITH THIS AGREEMENT, THE DELIVERY OF THE SERVICES, OR THE ADMISSIONS PROCESS.
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(b) Career Coaching
i) Description
LemonEd will provide the Client with advice, strategy, and assistance in career coaching as described on the Process page of Career Coaching on the LemonEd website (www.lemoned.com/career-coaching-process).
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ii) Term
This Agreement will be applicable for the duration of the package taken by the Client. The package may be for a single session or may be for multiple sessions.
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iii) Fees
The Client will pay the full coaching fees to LemonEd before the commencement of the career coaching services, as per the opted package.
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iv) Obligations
LemonEd will
(1) Offer career coaching services based on the career objectives of the Client.
(2) Provide timely feedback (usually within 48 hours).
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LemonEd will NOT engage in the following activities:
(1) Write, draft, or compose resumes, cover letters or other materials for the Client.
(2) Work or interact with anyone other than the Client.
(3) Submit any information or material on behalf of the Client.
(4) Guarantee a successful career outcome or find a job for the Client.
The Client will:
(1) Adhere to the schedule, including appointments, agreed upon with LemonEd.
(2) Provide accurate and authentic information.
(3) Verify all deadlines and requirements related to accomplishing the career objectives.
(4) Write, draft, and complete any resumes, cover letters, and other materials related to accomplishing the career objectives.
(5) Ensure that no content used to accomplish career objectives is plagiarized.
(6) Complete the assigned tasks, upskill themselves where required, apply for jobs, and appear for interviews on a timely basis.
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v) No Warranty
LEMONED'S SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND. LEMONED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LEMONED MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO (A) INCREASING THE CLIENT'S CHANCES OF SUCCESS IN ACHIEVING THEIR CAREER OBJECTIVES OR (B) ANY GUARANTEE THAT THE CLIENT WILL OBTAIN A JOB.
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vi) Indemnification
THE CLIENT AGREES THAT LEMONED SHALL NOT BE IN ANY WAY LIABLE IF THE CLIENT FAILS TO ACHIEVE THEIR CAREER OBJECTIVES. THE CLIENT FURTHER AGREES TO INDEMNIFY, DEFEND AND HOLD LEMONED HARMLESS FROM AND AGAINST ALL LIABILITIES, CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING REASONABLE LEGAL FEES AND EXPENSES, STEMMING FROM THIRD PARTY CLAIMS ARISING OUT OR RESULTING FROM THE CLIENT'S ACTS OR OMISSIONS IN CONNECTION WITH THIS AGREEMENT, THE DELIVERY OF THE SERVICES, OR THE JOB SEARCH PROCESS.
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2) Limitation Of Liability
THE CLIENT AGREES THAT LEMONED SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS, DAMAGE, LIABILITY OR EXPENSE INCURRED OR SUFFERED THAT IS CLAIMED TO HAVE RESULTED FROM THE USE OR INABILITY TO USE ANY OF THE SERVICES OFFERED BY LEMONED EVEN IF LEMONED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE. LEMONED'S TOTAL AGGREGATE LIABILITY FOR ANY OR ALL DISPUTES ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED RS. 5000/-.
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3) Refund
LemonEd will not issue refunds under any circumstances.
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4) Confidentiality
LemonEd agrees to keep all Client information confidential during the term of the Agreement and after its termination unless it is required by the law to disclose the information. This clause does not extend to Client information that is available in the public domain or can be easily found out.
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5) Non-Disparagement
The Client agrees that they will not make any statement in any media during the term of the Agreement and after its termination that would directly or indirectly materially damage or impair the reputation and/or goodwill of LemonEd.
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6) General Provisions
(a) This Agreement comprises the entire agreement between the Client and LemonEd and supersedes any prior agreements pertaining to the subject matter contained herein.
(b) If any provision of this Agreement is held by a court of competent jurisdiction or other authority to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
(c) The headings of sections and paragraphs herein are included solely for convenience of reference and shall not control the meaning or interpretation of any of the provisions of this Agreement.
(d) The rights and obligations of the Client hereunder are not assignable without the prior written consent of LemonEd.
(e) LemonEd will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, boycott, or any other circumstance or cause beyond the reasonable control of LemonEd.
(f) This agreement will be governed, construed, and enforced in accordance with the laws of India without regard to its conflict of laws rules. Neither the Client nor LemonEd will commence or prosecute any suit, proceeding or claim to enforce the provisions of these Terms Of Use, to recover damages for breach of or default of these Terms Of Use, or otherwise arising under or by reason of these Terms Of Use, other than in courts located in Mumbai, Maharashtra, India. By using LemonEd's Services, the Client consents to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. The Client hereby waives any right to trial by jury arising out of this Agreement and any related documents.