Master User Agreement: Acceptance of Terms
This Master User Agreement constitutes a binding contract between you, the User, and Global Alliance Technology and Education International LLP (G.A.T.E) with regard to the use of various services that are provided by Global Alliance Technology and Education International LLP
1.1 Global Alliance Technology and Education International LLP (G.A.T.E), a company incorporated under the laws of India, with its principal office at 126 Sector 1 a Ext. Channi Himmat, Jammu, J&K, India provides various student visa and admission related services through its Websites (www.gateuni.com, www.gateworldtech.com), service agents/outlets, mobile-cellular technology as well as through its call-center.
1.2 G.A.T.E shall provide you (“User”) admissions and student visa-related information, (“Service/s or G.A.T.E Services”). These Services may be availed by the User in India at any time during the year as is offered by various third party Education providers like agents (“Education providers”).
1.3 This Master User Agreement(“Agreement”)is applicable to all G.A.T.E Services. In addition to this Agreement and depending on the Services opted for by the User, the User shall be required to read and accept the relevant terms and conditions of service (“TOS”) for each such Service, which may be updated or modified by G.A.T.E from time to time. Such TOS shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail
1.4 G.A.T.E Services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be posted on the Website from time to time. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not avail G.A.T.E Services.
1.5 Additionally, the Education provider itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example admission’s guidelines, student visa rules updates etc.). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Education provider with whom the User elects to deal, including terms and conditions set forth in a Education providers’ admission’s policy and student visa immigration policies , contract of carriage or house rules.
1.6 G.A.T.E at its sole discretion reserves the right not to accept any order placed by the User through the Website without assigning any reason thereof. Any contract to provide any service by G.A.T.E is not complete until full money towards the service is received from the User and accepted by G.A.T.E.
4.2 The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that the G.A.T.E’s name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
5.1 G.A.T.E has endeavored to ensure that all the information provided by it is correct, but G.A.T.E neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information. G.A.T.E makes no warranty, express or implied, concerning the Website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or from the use of any such information.
5.2 To the extent G.A.T.E acts only as a Education Consultant/ agent and facilitator of Services on behalf of third party education providers, it shall not have any liability whatsoever for any aspect of the arrangements between the education provider and the User as regards the standards and rendering of services by the education providers. In no circumstances shall G.A.T.E be liable for the services provided by the education provider.
5.3 Although G.A.T.E makes reasonable commercial efforts to ensure that the description and content in the TOS and on each page of the Website is correct, it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any User due to any information contained herein.
Also, G.A.T.E is not the education provider and cannot therefore control or prevent changes in the published descriptions or representations, which are always based upon information provided by the education providers. G.A.T.E acts only as a facilitator of Services and shall not be held liable for any changes, deficiencies, disputes, etc. related to the services being provided by Education providers, including the matters related to delays in refunds or no refunds, of the fees and charges paid to Education providers. All refunds to User/customer on account of cancellation of any fees/services or otherwise shall be made subject to receipt of such refunds by G.A.T.E from the respective Education provider including Airlines.
5.4 G.A.T.E does not endorse any advertiser on its website in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
5.5 G.A.T.E does not, by offering admissions and student visa related services to particular destinations, represent or warrant that admissions and student visa to such destinations is without risk, and shall not be liable for damages or losses that may result from admissions and student visa to such destinations.
5.6 In no event shall G.A.T.E be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services; (b) the cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the services; (c) unauthorized access to or alteration of the User’s transmissions or data; (d) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with availing services from G.A.T.E.
Neither shall G.A.T.E be responsible for the delay or inability to use/avail the Website or Services, the provision of or failure to provide services by Education provider, or for any information, software, products, services and related graphics obtained from G.A.T.E, whether based on contract, tort, negligence, strict liability or otherwise. Further, G.A.T.E shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the services that may occur due to technical reasons or for any reason beyond G.A.T.E’s control. The User understands and agrees that any material and/or data downloaded or otherwise obtained from Website/G.A.T.E is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or any other loss that results from such material and/or data.
These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
The maximum liability on part of G.A.T.E arising under any circumstances, in respect of any Services availed, shall be limited up to a maximum of the refund of total amount received from the User/customer for providing the services less any cancellation, refund or others charges, as may be applicable. In no case G.A.T.E shall be liable for any consequential loss, damage or additional expense whatsoever. In no event G.A.T.E shall be liable for any kind of refunds/returns of charges/fee/fees paid to Education provider for rendering the services to User/customer.
6.1 The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of G.A.T.E or the Website and G.A.T.E is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. G.A.T.E is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. G.A.T.E is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by G.A.T.E or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
6.2 G.A.T.E is not responsible for any errors, omissions or representations on any Linked Site. G.A.T.E does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
8.1 The Website may contain services such as email, chat, bulletin board services, information related to various tourist spots, news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as “Communication Services”). The User agrees and undertakes to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, the User agrees and undertakes that when using a Communication Service, the User will not:
8.2 G.A.T.E will review materials posted through Communication Service and shall remove any materials in its sole discretion. G.A.T.E reserves the right to terminate the User’s access to any or all of the Communication Services at any time without notice for any reason whatsoever.
8.3 G.A.T.E reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in G.A.T.E’s sole discretion.
8.4 G.A.T.E does not control or endorse the content, messages or information found in any communication service and, therefore, G.A.T.E specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the User’s participation in any communication service.
8.5 Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. User is responsible for keeping himself updated of and adhering to such limitations if they download the materials.
8.6 When you register with www.gateuni.com, gateworldtech.com, we or any of our partners/affiliate/group companies may contact you from time to time to provide the offers/information of such products/services that we believe may benefit you.
10.1 G.A.T.E reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the G.A.T.E Services. G.A.T.E further reserves the right to alter any and all fees from time to time, without notice.
10.2 The User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the G.A.T.E Services.
11.1 The User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law.
11.2 To avail a Service through the Website, the User has and must continue to maintain at his sole cost: (a) all the necessary equipments including a computer and modem etc. to access the Website/avail Services; (b) own access to the World Wide Web. The User shall be responsible for accessing the Services and that access may involve third party fees including, airtime charges or internet education provider’s charges which are to be exclusively borne by the User.
11.3 The User also understands that the Services may include certain communications from G.A.T.E as Service announcements and administrative messages. The User understands and agrees that the Services are provided on an “as is” basis and that G.A.T.E does not assume any responsibility for deletions, mis-delivery or failure to store any User communications or personalized settings.
11.4 Registration of the User on the Website is compulsory to avail services of G.A.T.E. If the User opts to register himself on the Website, upon completion of the registration process, the User shall receive a user id and password. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party’s under id and password for any purpose whatsoever without proper authorization from such party. You are responsible for the security of your password and for all transactions undertaken using your password through our service. The Password entered by you is transmitted in one- way encrypted form to our database and stored as such. Thus the Password will not be known even to G.A.T.E. You confirm that you are the authorized holder of the credit card/Debit Card/Internet Banking or the original account holder used in the transactions you make using the G.A.T.E services. G.A.T.E will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/account details number for using G.A.T.E Services.
11.5 The User also agrees and undertakes to immediately notify G.A.T.E of any unauthorized use of the User’s password or user id and to ensure that the user logs off at the end of each session at the website. G.A.T.E shall not be responsible for any, direct or indirect, loss or damage arising out of the user’s failure to comply with this requirement.
11.6 The User also agrees to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form (“Registration Data”) on the Website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provide any information that is untrue, inaccurate, not current or incomplete or G.A.T.E has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, G.A.T.E has the right to suspend or terminate the User’s registration and refuse any and all current or future use of the Website and/or any Service.
11.7 Furthermore, the User grants G.A.T.E the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.
12.1 Without prejudice to the other remedies available to G.A.T.E under this agreement, the TOS or under applicable law, G.A.T.E may limit the User’s activity, or end the User’s listing, warn other users of the user’s actions, immediately temporarily/indefinitely suspend or terminate the user’s registration, and/or refuse to provide the user with access to the website if:
12.2 G.A.T.E may at any time in its sole discretion reinstate suspended users. Once the user have been indefinitely suspended the user may not register or attempt to register with G.A.T.E or use the website in any manner whatsoever until such time that the user is reinstated by G.A.T.E. Notwithstanding the foregoing, if the user breaches this agreement, the TOS or the documents it incorporates by reference, G.A.T.E reserves the right to recover any amounts due and owing by the User to G.A.T.E and/or the education provider and to take strict legal action as G.A.T.E deems necessary.
13.2 The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
19.1 Either the User or G.A.T.E may terminate this Agreement and a Service with or without cause at any time to be effective immediately.
19.2 The User agrees that G.A.T.E may under certain circumstances and without prior notice, immediately terminate the User’s user id and access to the Website/Services. Causes for termination may include, but shall not be limited to, breach by the User of this Agreement or the TOS, requests by enforcement or government agencies, requests by the User, non-payment of fees owed by the User in connection with the Services as specified in the applicable TOS.
19.3 This Agreement may be terminated by either the User or G.A.T.E through a written notice to the other. G.A.T.E shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms and conditions of this Agreement, any TOS or become dissatisfied with the Service in any way, the User’s only recourse is to immediately: (a) discontinue use of the Website/Service; and (b) notify G.A.T.E of such discontinuance.
19.4 Upon termination of the Service, User’s right to use the Website/Services and software shall immediately cease. The User shall have no right and G.A.T.E shall have no obligation thereafter to execute any of the User’s uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User’s registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later.
22.1. G.A.T.E does charge fee in the form of membership packages and consultancy charges for admission of Services on the Marketplace. In particular, G.A.T.E may at its sole discretion introduce new services and modify some or all of the existing Services offered on the Marketplace.
22.2. User shall be solely responsible for compliance of all applicable laws including those in India for making payments to Global Alliance Technology and Education International LLP.
22.3. G.A.T.E strives to provide Users through its Education providers best possible prices for the Services enumerated on the Marketplace. However, G.A.T.E does not guarantee that the price will be the lowest in the city, region or geography.
22.4. While G.A.T.E endeavors to provide quality Services and accurate pricing information, typographical and other errors may occur. In the event that a Service is listed at an incorrect price or incorrect eligibility with incorrect information due to an error in pricing or Service information, G.A.T.E may, at its discretion, either contact User for instructions or cancel User’s services and notify User of such cancellation.
22.5. G.A.T.E will have the right to rectify the price of the Service and contact User for further instructions via e-mail address provided by User at the time of registration, or cancel the services and notify User of such cancellation. If G.A.T.E cancels the order after the payment has been processed, the said amount will be remitted to User’s account from which the payment was made.
23.1 This Marketplace is a platform/marketplace that facilitates online admissions and student visa consultancy services and purchase of admissions and student visa packages and other admissions and student visa related services (“Service/s”) offered by various third-party education providers (“Education provider/s”).
23.2 Education providers are the education providers for the Services on the Marketplace and are solely responsible to User for the Services sold or for redemption of any admissions and student visa consultancy services purchased by User through the Marketplace. G.A.T.E’s deliverable is limited to facilitating the communication between User and the Education provider through this Site, for Services.
23.3 G.A.T.E only routes payments from Customers. G.A.T.E does not guarantee payments to Education providers for amounts that have not been successfully received by G.A.T.E from Customers.
23.4 User acknowledges that G.A.T.E has the right to change or discontinue any functionality of the Marketplace at any time, without notice. User further acknowledges that G.A.T.E may add or modify the procedures, modes, processes, terms and conditions at any time and User shall adapt to changes that G.A.T.E may make to the Marketplace. User agrees that G.A.T.E shall not be liable to User or to any third party for any modification, suspension or discontinuance of any aspect of the Marketplace.
24.1 Online Card Payments 3.1.1. Visa, Master and American Express Card payments are processed through an online payment gateway system. 3.1.2. G.A.T.E makes best efforts to fulfil information security requirements and as a Verisign Certified Site, uses the latest 128 bit encryption technology and other sophisticated methods to protect Users credit card information. User can make admissions for desired services using SSL encryption (the Internet standard for secure transactions).
24.2 Internet Banking
If User have an account with any of the below mentioned banks, then User can pay for the desired Services through the respective bank’s net banking options and the amount will be automatically debited from Users account. www.gateuni.com may process payments through third party payment-gateway system
24.3 Gateway Charges
Please note that G.A.T.E cannot control any fees that may be charged to User by his/her bank related to such a transaction and G.A.T.E disclaims all liability in this regard.
25.1 User should not take any action based on information on the Marketplace until User has received a confirmation of User’s transaction. In case of confirmations to be received by email, if User does not receive any confirmation of User’s purchase/transaction within the stipulated time period, User may first look into “spam” or “junk” folder to verify that it has not been misdirected, and if still not found, please contact G.A.T.E’s contacts.
25.3 As a general rule, G.A.T.E will confirm to the User the applicable amount due once G.A.T.E receives confirmation of a service from G.A.T.E.
26.1 All amendments and cancellation of service shall be as per the notifications/ policy provided by G.A.T.E.
26.2 G.A.T.E cancels a confirmed service made via the G.A.T.E’s Site:
26.3 G.A.T.E will refund the total price paid by the User for such service to the applicable User within a commercially reasonable time of the cancellation; 5.2.2. If applicable, the User will receive an email or other communication from G.A.T.E containing available alternative listings of the earlier previously desired Services as offered by and available with the G.A.T.E;
26.3 if the User requests service from one of the enlisted alternatives and G.A.T.E confirms the User’s service request, in that case the User agrees to pay G.A.T.E the differential cost relating to the confirmed admission for the desired Service, in accordance with these Terms.
27.1. In case of change of mind after making payment to G.A.T.E ,No refund would be payable for any requests made after admissions/student visa process started and payment already made to G.A.T.E and all unclaimed amounts for such change of mind shall accordingly be deemed to have been forfeited.
27.2. User agrees that student visa is granted by immigration officials or visa officers but G.A.T.E use past experience in assessing study visa applications, success rate and eligibility of the students before G.A.T.E apply for study visa and present User’s study visa case professionally to the concerned immigration/ embassy/ University/college authorities which increase the chances of study visa.
27.3. In case User go directly with education provider on the contact details provided, then the service selected by User will stand cancelled and G.A.T.E or the education provider would not be liable for any charges/expenses incurred by User, either directly or indirectly in this regard.
27.4. User agrees that during initial consultation with G.A.T.E, one of our G.A.T.E’s Consultants will assess User’s circumstances to determine what study visa options are available to User. If User is eligible for study visa options covered by G.A.T.E’s guarantee and G.A.T.E is confident User meet the criteria for study visa, User will be offered our “No Visa, No Fee” for few countries and “No Admission No Fees for all countries” Guarantee. G.A.T.E cannot guarantee User student visa but G.A.T.E have expertise in evaluating User’s eligibility for study visa which give G.A.T.E confidence for success rate of visa. In case visa is rejected G.A.T.E will refund service charges to the User excluding G.A.T.E’s administration charges.
28.1. G.A.T.E may generate promotion codes from time to time which may be availed on the site as a discount coupon, if applicable.
28.2. G.A.T.E reserves the right to add, alter, modify, withdraw all or any of the Terms and Conditions or replace, wholly or in part, the program by any other program, whether similar to this program or not or withdraw it altogether without any prior notice.
28.3. In case of dispute with any party, G.A.T.E’s decision will be binding and final.
28.4. When User avail services from G.A.T.E, G.A.T.E or any of its partners/affiliate/group companies may contact User from time to time to provide the offers/information of such Services that G.A.T.E or such other group companies believe may benefit User.
29.1. General Understanding
29.1.1. User shall be responsible for their own actions in utilizing the Services purchased by User, and G.A.T.E shall not be liable for any such action.
29.1.2. User represents that User is of legal age to form a binding contract with G.A.T.E and is not a person barred from receiving Services under the laws as applicable in India.
29.1.3. User confirms that G.A.T.E shall not be responsible for any deficiency in payment of consideration payable towards the services purchased from the Marketplace.
29.1.4. Any references to a Education provider being “verified” (or similar language) only indicate that the Education provider has completed a reasonable verification process. Any such description is not an endorsement, certification or guarantee by G.A.T.E about any Education provider, including of the Education provider’s identity and credibility. G.A.T.E therefore recommends that you always exercise due diligence and care when deciding whether to avail services from a Education provider, or while having any other interaction with them.
29.1.5. Upon receiving User’s complaint, G.A.T.E shall inform the relevant Education provider of such complaint and request for an explanation. Users are required to refrain from raising frivolous and baseless complaints. User expressly acknowledges that the Education provider providing the deficient Service will be solely responsible to User for any claims that User may have in relation to such defective service and G.A.T.E shall not in any manner be held liable for the same.
29.1.6. Unless due to User’s negligence, in the event the Education provider fails to complete a delivery of any Service, User acknowledges that the Education provider will be liable to make any applicable refunds or payments. User agrees that G.A.T.E will not be held liable for failure of the Education provider to make available any Service therein.
18.104.22.168. G.A.T.E reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in G.A.T.E’s sole discretion.
22.214.171.124. When User avail service with G.A.T.E, G.A.T.E or any of its Education provider/partners/affiliate/group companies may contact User from time to time to provide the offers/information of such services.
30.1. G.A.T.E may provide the User with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by G.A.T.E and shall not copy, transmit or create derivative works of such material without express authorization from G.A.T.E.
30.2. The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website/Marketplace that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
31.1. The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service. For the removal of doubt, it is clarified that Services, including the use of the Website, is not for commercial use but is specifically meant for personal use only.
31.2. The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that the G.A.T.E’s name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
32.1. As a condition of the use of the Website, the User warrants that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement including both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party’s use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.
32.2. G.A.T.E reserves the right, in its sole discretion, to terminate the access to the website/Marketplace and the related functionalities, or any portion thereof at any time, without notice.
33.1. Without prejudice to the other remedies available to G.A.T.E under this agreement, or under applicable law, G.A.T.E may limit the User’s activity, or end the User’s listing, warn other Users of the User’s actions, immediately temporarily/indefinitely suspend or terminate the User’s registration, and/or refuse to provide the User with access to the Website if:
the User is in breach of this Agreement and/or the documents it incorporates by reference;
G.A.T.E/Education provider is unable to verify or authenticate any information provided by the User; or
G.A.T.E believes that the User’s actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the User, other Users of the website and/or G.A.T.E.
33.2. G.A.T.E may at any time in its sole discretion reinstate suspended Users. Once the User have been suspended the User may not register or attempt to register with G.A.T.E or Use the website in any manner whatsoever until such time that the User is reinstated by G.A.T.E.
33.3. Notwithstanding the foregoing, if the User breaches this Agreement or the documents it incorporates by reference, G.A.T.E reserves the right to recover any amounts due and owing by the User to G.A.T.E and/or the education provider and to take strict legal action as G.A.T.E deems necessary.
34.1. User agrees to indemnify, defend and hold harmless G.A.T.E from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by G.A.T.E that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or Agreement made or obligation to be performed by User pursuant to these Terms and Conditions, or any Additional Terms applicable to availing Services on the Marketplace.
34.2. In no event shall G.A.T.E, its officers, directors, employees, partners or Education providers be liable to User, the Education provider, Education provider or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not G.A.T.E has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with User’s purchase of the services herein.
34.3. G.A.T.E shall not assume any liability for the non-availability of the Services where required or any action or inaction that might be taken by the Education provider or Education providers.