Terms and Conditions for MOTION Associate Partner
Terms and Conditions
Last updated: July 14, 2022
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country/States refers to: India/Rajasthan.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to MOTION EDUCATION Pvt. Ltd., 394, Rajeev Gandhi Nagar, Kota (Rajasthan) India – 324005.
- Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to MOTION EDUCATION Pvt. Ltd., accessible from https://motion.ac.in/
- You mean the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company (MOTION EDUCATION Pvt. Ltd.). These Terms and Conditions set out the rights and obligations of all Associate Partners regarding the use of the Service.
Your access to and use of the Service and Our branding affiliation is conditioned on Your acceptance of, and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with our Associate Partnership policy. The Associate Partnership Policy describes our policies and procedures on the commission or the percentage of the commission that an Associate Partner is entitled to.
Our compliance policy was designed to ensure that the company adheres to the regulations set forth by the Federal Education System of India and our MOTION Associate Partnership policy.
The compliance policy was updated in 2021 and we adopted a new compliance policy in 2022. For the purpose of fair play, all our Associates are expected to comply with the policies set by the company. The Associate Partnership Policy Vividly describes percentage of the commission that an Associate Partner is entitled to, which is up to 25% stating all the given requirements are met respectfully.
The First Condition states that the Associate must successfully complete 25 admissions in a given annual quarter, Where the standard calendar quarters that make up the year are as follows: January, February, and March (Q1) April, May, and June (Q2) July, August, and September (Q3) October, November, and December (Q4)
The Second Condition states that the admissions per individual associate should have a Complete Payment State, meaning that the Associate’ candidates (students) will be considered in a compliant state only if the candidates have completed the payment for the entire semester tuition fee during their First quarter period as collateral against the Student Refund Scheme.
In this scenario, an associate who does not have a complete payment state will be considered non-compliant. This means that there is No Entitlement for this associate for future payments in accordance with the Associate Partnership Policy.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance on any such content, goods or services available on, or through any such web sites or services.
We strongly advise You to read the Terms and Conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur to the intellectual property/brand image of a company, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all the foregoing shall not be limited to the amount actually paid by You through the Service or 10,000 INR if You haven't purchased any Service Plan.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national. In this case, the state provisions of Rajasthan will be applicable.
If You have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company.