TERMS AND CONDITIONS OF SERVICE AND USE1. GENERAL:
a. We, M/s. TEST HELPER EDTECH PRIVATE LIMITED (hereinafter referred to as the “Company”) is a Private Limited company registered under the Companies Act 2013, having its registered office at “D-242, Sector 63, Noida, Gautam Buddha Nagar, Uttar Pradesh, India - 201301”, represented by its Directors, where such expression shall, unless repugnant to the context thereof, be deemed to include its Director, respective legal heirs, representatives, administrators, permitted successors and assigns. The creator of these Terms of Service ensures steady commitment to Your privacy with regard to the protection of your invaluable information. This document contains information about the Website https:// testhelper.net (hereinafter collectively referred to as the “Platform”)
a. “We”, “Our”, and “Us” shall mean and refer to the Platform and/or the Company, as the context so requires. b. “You”, “Your”, “Yourself”, “User” and “Customer” shall mean and refer to natural and legal individuals who use the Platform and who is competent to enter into binding contracts, as per Indian laws. c. “Customers” shall refer to those wishing to avail services in the form of an educational series of online testing in the form of Mock Tests and other study material for various competitive exams and have their performance assessed and evaluated through the Platform provided by the Company.
d. “Services” refer to providing a Platform for Users to access and find information on a series of online testing in the form of Mock Tests and other study material for various competitive exams, have their performance assessed and evaluated, and provide Customers with methods for improvement.
e. “Third Parties” refer to any Application, company or individual apart from the User and the creator of this Platform.
f. The term “Platform” refers to the Website which provides access to online Mock Tests, study material, and evaluation and advice for various competitive examinations.
g. The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
i. The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
j. The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Platform following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, it is granted a personal, non- exclusive, non-transferable, revocable, limited privilege to access and use the Platform and the Services. If the User does not adhere to the changes, You must stop using the Services at once. Your continuous use of the Services will signify your acceptance of the changed terms.2. REGISTRATION
Registration is not mandatory for the Users to access the Platform. However, to avail specified services or purchase any product, registration is required. Users shall register themselves on the Platform by providing information including but not limited to personal information such as name, location, e-mail address, contact number, and Educational Qualifications. The Registration and access to the Platform is free of cost and no charges are applicable for the same.
However, Charges may be incurred after registration depending on the Services the User would like to avail.
This information is used to provide Users with important Services and information that may be customised to their demographic, interests, professional lives, business requirements and desired experience.
Registration for this Platform is available only to those above the age of eighteen (18) years, barring those “Incompetent to Contract” which inter alia include insolvents. If you are a minor and wish to use the Platform as a User, You may do so through your legal guardian and the Company reserves the right to terminate your account on knowledge of you being a minor and having registered on the Platform or availing any of its Services. As we provide educational services, if you are a minor, we may permit you to make an account in your name, but the same must be done with the supervision of your legal guardian who will remain the main point of contact in respect of your account.
Further, at any time during Your use of this Platform, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your Username and password, and any activity under the account shall be deemed to have been done by You. In the case that you provide us with false and/or inaccurate details or we have reason to believe you have done so, we hold the right to permanently suspend your account. You agree that you will not disclose your password to any third party, and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.3. SERVICE OVERVIEW
The Company is in the industry of education technology and aims to provide students with the materials and resources necessary to pass a wide variety of competitive exams, held all across India, with flying colors. The Company, in pursuit of the same, provides its registered Users and Customers with a series of online tests, Mock Tests, and study materials for the same. In addition to that, the Company also provides services to give you a well-rounded educational experience, designed to boost your test-taking abilities and preparation skills, including but not limited to:
a. Providing a multitude of test papers so that Users get the most opportunity to practice the process of preparation and test taking
b. Analysing all test papers submitted by Users and both individual and overall performances of each User
c. Identifying weak areas and strong areas of each User in accordance with the tests taken by them, and the results for the same over an extended period of time and multiple attempts.
d. Tracking your performance over an extended period of time and multiple tests taken so Users have a clear perspective of their own improvement.4. ELIGIBILITY
The User represents and warrants that they are competent and eligible to enter into legally binding agreements and of 18 years of age, and that they have the requisite authority to bind themselves to these Terms in accordance with the Law.
The User further represents that they will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
The User may not use the Platform if they are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.5. CONTENT
All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by third parties and We have no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such Content. All the Content displayed on the Platform is subject to copyright and shall not be reused by any party (or third party) without the prior written consent of the Company and the copyright owner.
The User is solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Platforms and whilst feedback and comments by Users shall be made via the Platform, the Platform bears no liability whatsoever for any feedback or comments made by the Users or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Platform, or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.
The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. Users shall not copy, adapt, and modify any content without written permission of the Company.6. TERM
a. These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Services and Platforms.
b. A Customer may terminate their use of the Services and the Platform at any time.
c. The Company may terminate these Terms and close a User’s account at any time without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
d. Such suspension or termination shall not limit our right to take any other action against you that the Company considers appropriate.
e. It is also hereby declared that the Company may discontinue the Services and Platforms without any prior notice.7. TERMINATION
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Services, or any portion thereof, at any time, without notice or cause.
The Platform also reserves the universal right to deny access to particular Users, to any/all of its Services without any prior notice/explanation in order to protect the interests of the Platform and/or other visitors to the Platform.
The Platform reserves the right to limit, deny or create different access to the Platform and its features with respect to different Users, or to change any of the features or introduce new features without prior notice.
The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.8. COMMUNICATION
By using this Services and Platforms, and providing his/her identity and contact information to the Company through the Platform, the User hereby agrees and consents to receiving calls, e-mails or SMSs from the Company and/or any of its representatives at any time.
Customers can report to email@example.com if they find any discrepancy with regard to Service related information and the Company will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time taken for investigation.
Registration and access to the Services on the Platform is free of cost. However, the Customer shall pay an amount as specified for the Services availed through the Platform directly to the Company in any of the prescribed modes of payment.
i. Domestic and International Credit Cards
ii. Debit Card
iii. Net Banking
iv. Third-party gateways : RazorPay, Paytm, Phone Pe, UPI etc.
The User(s) acknowledges that a minimum of one of the above payment methods shall be offered on the Platform. The Users are solely responsible for the genuineness of credentials and payment information provided on the Platform and the Platform shall not be liable for any consequences, direct or indirect, resulting from the provision of incorrect or untrue credentials or payment information by any Users.
All Payments are done solely through third party payment gateways. The Company, therefore, does not have access to any personal or sensitive payment information submitted by the Users, as the same are collected solely by the respective third party payment gateway. The Company thereby holds no responsibility over the same.
Under no circumstances shall the Company be liable for providing any refund to any User. All the services are delivered on an ‘as is’, ‘where is’ and ‘ready to use’ basis. Once payment is made, the User will receive the tests or other products as specified in the Platform, and in accordance with payment made. Users will not be provided any refund whether the product has been used or not, as on receipt of the products and addition of the same to the respective Users dashboard, the same shall be deemed to be fully delivered. Therefore no refund may be claimed by any User, and any refunds, if provided, shall be solely at the discretion of the Company.10. USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
The User agrees and acknowledges that they are a restricted User of this Platform, and that they:
a. Agree to provide genuine credentials during the process of registration on the Platform. You shall not use a fictitious identity to register. We are not liable if the User has provided incorrect information.
b. Agree to ensure the email address, address and mobile number provided during account registration are valid at all times and shall keep your information accurate and up-to-date. The User can update their details anytime.
c. Agree that they are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
d. Understand and acknowledge that the data submitted is manually entered in to the database of the Platform. The User also acknowledges the fact that data so entered into the database is for the purpose of easy and ready reference for the User, and to streamline the Services through the Platform.
e. Authorize the Platform to use, store or otherwise process certain personal information and all published Content, Customer Purchases, Offer redemption's, Customer locations, Customer’s IP addresses, Customer’s performance and data of the products i.e. test series, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimisation of User- related options and Services.
g. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission of the Company.
h. Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of the User’s access to the Platform. The User acknowledges and agrees that by accessing or using the Platform or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Platform.
i. Expressly agree and acknowledge that the Content displayed on the Platform is not owned by the Company, and that the Company is in no way responsible for the content of the same. The User may however report any offensive or objectionable content, which the Company may then remove from the Platform, at its sole discretion.
The User further undertakes not to:
a. Engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform);
b. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
c. Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Platform, or any other viewer of the Platform, including any User account maintained on the Platform not operated/managed by the User, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
d. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked Platforms;
e. Use the Platform or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other third party (ies);
f. Violate any code of conduct or guideline which may be applicable for or to any particular service offered on the Platform;
g. Violate any applicable laws, rules or regulations currently in force within or outside India;
h. Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Platform contained herein or elsewhere, whether made by amendment, modification, or otherwise;
i. Commit any act that causes the Company to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Company/Platform;
j. The User hereby expressly authorizes the Company/Platform to disclose any and all information relating to the User in the possession of the Company/Platform to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Company/Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
By using this service, the User also agrees to the following restrictions.
a. The User agrees not use the Service for any purpose that is illegal or prohibited by this Agreement.
b. The User agrees not to use the Service for any harmful or nefarious purpose.
c. The User agrees not to use the Service in order to damage the Platform or Company.
d. The User agrees not to spam, solicit money from or defraud any Users.
e. The User agrees not to impersonate any person or entity or post any images of another person without his or her permission.
f. The User agrees not to bully, “stalk,” intimidate, assault, harass, mistreat or defame any person.
g. The User agrees not to post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
h. The User agrees not to post any Content that is threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
i. The User agrees not to post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
j. The User agrees not to solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other Users or disseminate another person’s personal information without his or her permission.
k. The User agrees not to use another User’s account.
l. The User agrees not to create another account if the Company has already terminated your account, unless you have our permission.
m. The User agrees not to post any material on the website that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any goods or services. More specifically, the User agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
i. belongs to another person and to which the User has no right to;
ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii. is in anyway harmful to minors;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
viii. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
ix. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
x. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.11. SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available, the Company may in its sole discretion, limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the Platform, and/or refuse to usage of the Platform to the User, without being required to provide the User with notice or cause:
a. If the User is in breach any of these Terms or the Policy;
b. If the User has provided wrong, inaccurate, incomplete or incorrect information;
c. If the User’s actions may cause any harm, damage or loss to the other Users or to the Company, at the sole discretion of the Company.12. INDEMNITY
a. Your use of the Platform,
b. Your violation of these Terms and Conditions;
c. Your violation of any rights of another;
d. Your alleged improper conduct pursuant to these Services;
e. Your conduct in connection with the Platform;
You agree to fully cooperate in indemnifying us at your expense. You also agree not to reach a settlement with any party without our consent.
In no event shall the Company/Platform be liable to compensate the User 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, and whether or not the Company/ Platform had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Platform and/or the Services or materials contained therein.13. LIMITATION OF LIABILITY
a. The Founders/ Promoters/ Associated people of the Platform/Platform are not responsible for any consequences arising out of the following events:
i. If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
ii. If the User has fed incorrect information or data or for any deletion of data;
iii. If there is undue delay or inability to communicate through email;
iv. If there is any deficiency or defect in the Services managed by Us;
v. If there is a failure in the functioning of any other service provided by the Platform.
b. The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to the User, the User’s belongings, or to any third party, resulting from the use or misuse of the Platform or any service availed of by the User through the Platform. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Platform will not be liable to you for the unavailability or failure of the Platform.
c. Users are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
d. The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
e. To the fullest extent permitted by law, the Platform shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.14. DISCLAIMER
We advise Customers to be aware of their interactions with other Customers and the information they are sharing. The Platform provides only a medium for access to information and services relating to the Mock Tests distributed by the Company through the Platform, and the Company is not responsible for the outcomes of any transactions, discussions with or tests provided by third parties beyond the Terms of Service provided through the Platform.
Timings/prices shown on the Platform with regard to the service will be tentative, We will not responsible for any delay. Any changes in fare are subject to changes in factors including but not limited to market conditions, demands for service, etc.
The Company also makes it clear that it shall not be held liable for any damage/hurt/inconvenience caused to the Customer through the course of provision of Services or as a result of the Users’ actions. The Company makes no representations or warranties as to the conduct of the Users. The Company takes no responsibility for any content that Users send or receive from other Users or Third-Party posts through the service. Any material downloaded or otherwise obtained through use of the service is accessed at the Users own discretion and risk.
The facilities and Services on the Platform are intended to be subject to availability, without any promises or guarantees on the same by the Company, and while certain information available on the Platform and Software is the property of the Company and the Company endeavours to keep the said information updated and accurate, the Company shall not make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Platform or the information, products, Services, or related graphics contained on the Platform for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
The Company bears no responsibility whatsoever for any consequences arising from the use of the said Services by Users. The use of the Services and Platforms in Platform is the sole responsibility of the User (or legally authorised person on behalf of the User), and in case of any negligence on the part of the User in acting on the same shall not be construed as imposing any liability, direct or indirect, on the Company/Platform.
The Company shall disclaim all responsibility and owns no liability to Users for any outcome (incidental, direct, indirect or otherwise) from the use of the Services. Users understand and accept that the outcomes of each Mock Test and any improvement or performance resulting from the same are entirely the responsibility of the User. The User acknowledges and agrees that the success of each User before, during and after making use of the Services is entirely in the hands of each respective User and is dependent on how they make use of the resources and materials provided to them by the Company, through the Platform.
In no event will the Company be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the Platform.
Through this Platform you are able to link to other Platforms which are not under the control of the Company. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the Platform up and running smoothly. However, the Company takes no responsibility for, and will not be liable for, the Platform being temporarily unavailable due to technical issues beyond our control.THE COMPANY PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WEBSITE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. PLATFORM ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD-PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.15. INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Company or the respective copyright or trade mark owner. Furthermore, with respect to the Platform created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.
The User may not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective Users of the Platform, or that in any manner disparages or discredits the Company/Platform, to be determined in the sole discretion of the Company.
The User is aware all intellectual property, including but not limited to copyrights, relating to said Services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Company, or to any other User. The User is aware that the Company merely provides a Platform through which the Users can communicate and schedule meetings, and the Company/the Platform does not own any of the intellectual property relating to the independent content displayed on the Platform, apart from originally created graphics and specified content.
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.16. DISCLAIMER OF WARRANTIES AND LIABILITIES
a. The User agrees and undertakes that they are accessing the Platform at their sole risk and are that they are using their best and prudent judgment before availing any service listed on the Platform or accessing/using any information displayed thereon.
b. The User agrees that any kind of information, resources, activities, recommendations obtained/availed from Platform, written or oral, will not create any warranty and the Platform disclaims all liabilities resulting from these.
c. The Company/Platform does not guarantee that the Services contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Platform.
d. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.17. FORCE MAJEURE
Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.18. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
a. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
b. Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Noida.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of Uttar Pradesh, India.19. NOTICES
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by emailing to firstname.lastname@example.org or via phone to the number 9717732382.20. MISCELLANEOUS PROVISIONS
a. Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
b. Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
c. Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
d. Contact Us: If you have any questions about this Agreement, the practices of the Platform, or your experience with the Service, you can contact us at email@example.com or via phone at 9717732382.