Terms & Conditions
In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of myexambuddy.com.
The domain name www.myexambuddy.com (hereinafter referred to as "Website") is owned by DM BrainHub InfoTech Private Limited, a company registered under the Companies Act, 1956 (No. 1 of 1956) (Hereinafter referred to as the "Company"), having its registered office at 344, Sector 7, Urban Estate, KARNAL (Haryana) - 132 001, India.
The use of this Website by You (as a user) is solely governed by this policy and any policy so mentioned by terms of reference hereunder. Moving past the home page of the Website, or using any of the services shall be taken to mean that You have read and agreed to all of the policies so binding on You and that You are contracting with the Company and have undertaken binding obligations with the Company.
For the purpose of these Terms of Service, wherever the context so requires
"You" or
"User" shall mean any natural or legal person deemed to be a User by virtue of visiting and using the Website. The term
"We",
"Us",
"Our" shall be construed to mean myexambuddy.com, and the team behind it.
You will be subject to the rules, guidelines, policies, terms and conditions applicable to any service that is provided by this Website, and they shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service.
We hold the sole right to modify the Terms of Service without prior permission from You or informing You. The relationship creates on You a duty to periodically check the terms and stay updated on its requirements. If You continue to use the Website following such a change, this shall be deemed as consent by You to the so amended policies.
As long as You comply with these Terms of Service, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
The Website is a platform for the User to test their readiness for the competitive examinations by taking up online Tests (hereinafter to be called as 'Test') so hosted by the Website.
Membership
Any User seeking to be a member of this Website shall register an account using their email address or login through their 'Facebook' account.
The User hereby agrees to be solely responsible for protecting the confidentiality of your username and password. Any activity performed under the account shall be deemed to have been done by You. In the event You provide us with false and inaccurate details, or the Company has reasonable cause to believe You have done so, We hold the rights to permanently suspend your account with or without prior intimation.
Communications
By using this Website, it is deemed that you have consented to receiving e-mails from Us at any time on the e-mail address that has been provided by You while registering through Facebook or email. It is hereby clarified that such consent to be contacted shall include consent to be contacted for marketing and promotional mails. You may also be contacted through phone/SMS after receiving such contact details from You personally so as to market certain products to You.
The sharing of the information provided by you will governed by the Privacy Policy and We will not give out such contact information of yours to third parties not connected with the Website.
Fee / Charges
The membership of this Website is not free of cost; to access to the Tests provided on the Website, the User is required to Pay the amount levied by the Website in an appropriate mode prescribed. Any payment through any mode other than those prescribed by the Website shall not be accepted and the User so making payment shall not be allowed to have the access to the Test content provided by the Website. Company reserves the sole right to alter the Price so levied for Test, without any prior intimation to the User. Also, on discontinuation of our Services, no sort of refund will be provided by the Website.
Refund Policy
In addition to anything stated above, no refund will be given to students on discontinuation of services.
Cancel and Return Policy
All the purchases and payments made are non-refundable and cancellation is not possible.
Third-party information
The Website shall host the Payment Gateways provided by different Banks and shall also have the option for Internet Banking, for the purpose of Payment to be received by Users for accessing the Test contents, which could be the Intellectual Property of Third Party. The Website shall have no control over such third party user generated content as the Website shall only be an intermediary for the purpose of hosting the third party content.
User Obligations
You are a restricted User of this Website
- You shall not Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any Test material, information or software obtained from the Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes including educational purposes and unwarranted modification of data and information within the content of the Website is not permitted.
- You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the Website. 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 Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is hereby expressly prohibited. You acknowledge and agree that by accessing or using the Website or its Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such content on the Website. Further, You may report such offensive content by sending a mail to myexambuddy@thebrainhub.com.
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The User shall not:
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation, thereby ensuring all information provided to the Website is true. Non-compliance of this requirement shall lead to immediate suspension of the account.
- Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of, or visitor to, the Website, or any other customer of the Website, including any Website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website
- Disrupt or interfere with the security of, or otherwise cause harm to the Website,systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites
- Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
- Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or solicit the performance of any illegal activity or other activity which infringes the rights of this Website or other third parties
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service
- Violate any applicable laws or regulations for the time being in force within or outside India
- Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service
- Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevents investigation of any offence
- Publish, post, or otherwise disseminate information that is false, inaccurate or misleading
- Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force
- Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers
- This Website contains material which is owned by Us. This material includes, but is not limited to, the design, logo, layout, look, appearance, questions, answers, reports and graphics. Reproduction is prohibited other than in accordance with the Intellectual Property notice, which forms part of these terms and conditions
- You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on Our Website or related to us.
- You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Services to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
- Intellectual Property Rights: Unless the Website has otherwise agreed, nothing herein gives the User a right to use any of the Website'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 this Agreement. All logos, trademarks, brand names, service marks, domain names, including material, designs, graphics created by and developed by the Website and other distinctive brand features of the Website are the Intellectual property of the Company / their respective owners. Furthermore, with respect to Website created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.
We shall have the right to remove or edit any content that in our sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content from the Third Party on the Website.
You hereby represent and warrant that You have all necessary rights in and to all information you provide and that such information shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
Disclaimer of Warranties and Liabilities
You expressly understand and agree that, to the maximum extent permitted by applicable law:
The Website, services and other materials are provided by this Website is on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, the Website makes no warranty that:
- Your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free;
- tests undertaken and results so obtained shall guarantee your selection in 'Examinations';
- any errors or defects in the Website, services or other materials will be corrected.
In the event of the dispute resolution mechanism failing, the matter shall be subject to Indian laws in the jurisdiction of the courts at KARNAL.
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