Terms & Conditions
Before taking MyExamTime services, once have a look into below Terms & Conditions....
Terms and Conditions
Introduction
Please read these terms of use (“Terms”), a legal agreement
between Enlight Era Techno (Hereinafter “MyExamTime”/ “Firm”/ “We”) AND those
who use the Website (defined below) of the second part (hereinafter
collectively referred to as “you”, “yours” or “User”).
The Terms shall govern use of and access to the website
www.myexamtime.com (the “Website”) accessible through desktops, mobile phones,
smart phones and tablets which includes the computer software, associated
media, collaterals, and online or electronic documentation. MyExamTime is the
owner of the Website and by accessing, or otherwise using the Website, You
agree to be bound by the Terms.
Please carefully go through these Terms and the privacy
policy available at https://www.myexamtime.com/ privacy (“Privacy Policy”)
which together constitutes a legal agreement (“Agreement”) between you and the
Company in connection with your access and use of the Website and the
information offered thereunder.
We request You to please read these Terms carefully and do
not continue the use of the Website and/or information offered unless You agree
fully with these Terms.
Use of the Website by Users:
(i) The Users may use this Website for getting updates and
preparation material for school studies, entrance exams, college admissions,
government jobs, talent search exams, Olympiads etc.
(ii) By accessing the Go To MyExamTime Admissions tab on the
Website, the Users have access to National, state and college level entrance
exams and admission dates, updates, preparation, query solving in relation to
fields including law, medical, engineering and management. They also get access
to information pertaining to various universities and colleges etc.
(iii) By accessing
the Go To MyExamTime Career tab on the Website, the Users have access to
information pertaining to Government jobs, bank jobs, teacher eligibility test,
railways recruitment updates and preparation materials.
(iv) Using the MyExamTime Forum by creating an account by
using your Google, Facebook or Yahoo account. You represent that you are 18
years and above and that if you are child is a minor then the account has been
created by you as the legal guardian on your child’s behalf. You represent that
you have the legal authority to enter into and be bound by this Terms of Use.
You may use the MyExamTime Forum the largest education guidance network of
students and job seeker community forum to post and discuss queries, questions,
seek clarifications pertaining to entrance exams, college or university
admissions, government jobs and school and various job opening and
opportunities. You agree that You are the owner of all rights, including all
intellectual property rights in the User Information that You
post/create/upload on the MyExamTime Forum. You hereby grant the Company a
perpetual, non-revocable, worldwide, royalty-free license to make use of the
User Information including the right to copy, distribute, display, reproduce,
modify, adapt, the User Information, and create derivate works of as the case
may be to be able to offer the services available on the Website and collating
non-personal information and providing aggregate level reports as envisaged in
the Privacy Policy.
(v) You may use the Website to take free online mock tests
for entrance exams, govt. job recruitment exams, talent search exams and
olympiads. You get to analyse your strengths and weaknesses by attempting mock
tests for olympiads, entrance exam, govt jobs, and much more. You get to be
part of the fastest growing student and career focussed community. Get your
queries solved and help peers also by sharing your knowledge
(vi) You get the latest news and updates of exams and jobs.
Never miss another date or critical piece of information by staying tuned with
MyExamTime.
Grant of Rights:
This Website is owned and operated by MyExamTime. MyExamTime
owns all rights, title and interest, including all intellectual property rights
such as copyright, trademarks, trade secrets, patent and other proprietary
rights in and to the Website the present or future modifications / up
gradations thereof and standard enhancements thereto. MyExamTime represents
that either MyExamTime owns all rights, title and interest including all
copyright in the content/information
shared on the Website or the said content /information is owned by their respect
owners who have licensed the right to MyExamTime.
The Company grants the User a limited, non-exclusive,
non-sublicensable, non-transferrable, non-assignable license (“License”) to use
the Website and the information offered therein in compliance with the Terms.
The Terms do not and shall not transfer any ownership or proprietary interest
in the Website and/or products or services offered from the Company to You.
You may not (a) use the Website for time-sharing, rental or
service bureau purposes; (b) make the Website, in whole or in part, available
to any other person, entity or business; (c) modify the contents of the Website
or use such content for any commercial purpose, or any public display,
performance, sale or rental other than envisaged in the Agreement; (d) modify
the Website or combine the Website with any other website and/or software or
services not provided or approved by MyExamTime.
You will not deliberately use the Website in any way that is
unlawful or harms MyExamTime, our directors, employees, affiliates,
distributors, partners and/or data or content on the Website.
You undertake that Your use of this Website shall be
subjected to the following restrictions (a) You will not delete or modify any
content on the Website including but not limited to, legal notices, disclaimers
or proprietary notices such as copyright or trademark symbols, logos, that You
do not own or have express permission to modify; (b) You will not decompile,
reverse engineer, or disassemble the software, sourcecode etc. in Website, or You will not remove any
copyright, trademark registration, or other proprietary notices from the
Website. You further agree not to access or use this Website in any manner that
may be harmful to the operation of this Website or its content; (c) You will
not use the Website in any way that is unlawful, or harms the Company or any
other person or entity, as determined in the Company’s sole discretion; (d) You
will not engage in any form of antisocial, disrupting, or destructive acts,
including “flaming”, “spamming”, “flooding”, “trolling”, “phishing” and
“griefing” as those terms are commonly understood and used on the iInternet and
(e)You will not host, display, upload, modify, publish, transmit, update or
share any information that —belongs to another person and to which the user
does not have any right to; 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; harm minors in any way; infringes any patent, trademark,
copyright or other proprietary rights(s), violates any law for the time being
in force; deceives or misleads the addressee about the origin of such messages
or communicates any information which is grossly offensive or menacing in
nature; impersonate another person; contains viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the
functionality of any computer resource; 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
cognizable offence or prevents investigation of any offence or is insulting any
other nation.
You will immediately notify Us of any breach or suspected
breach of the security of the Website of which You become aware, or any
unauthorized use or disclosure of information within or obtained from the
Website , and You will take such action to mitigate the breach or suspected
breach as We may direct, and will cooperate with Us in investigating and
mitigating such breach.
Price:
At this stage the access to the Website and the offerings
therein are free. MyExamTime, however, reserves its rights to charge a fee for
accessing the Website and/or the offerings therein in the future. Disclaimer and
Exclusion of Warranties:
THE WEBSITE, AND THE INFORMATION CONTAINED THEREIN ARE
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY
KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU
ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN
RELIANCE ON THE WEBSITE, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. IT IS
EXPRESSLY AGREED THAT IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL,
INDIRECT, CONSEQUENTIAL, REMOTE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, OR LOSS OF INFORMATION OR DATA,
WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF
CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY
OF LIABILITY, EVEN IF THE COMPANY HAS BEEN APPRISED OF THE POSSIBILITY OR
LIKELIHOOD OF SUCH DAMAGES OCCURRING. THE COMPANY DISCLAIMS ANY AND ALL
LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM
COMMUNICATION, FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS, INTERNET
SERVICE PROVIDERS OR THE SYSTEM.
YOU ACKNOWLEDGE THAT OTHER USERS HAVE ACCESS TO THE WEBSITE,
AND THE INFORMATION THEREIN. SUCH USERS HAVE COMMITTED TO COMPLY WITH TERMS SET
OUT WITH THEM AND OUR POLICIES AND PROCEDURES CONCERNING USE OF THE WEBSITE
AND/OR INFORMATION TEHREIN; HOWEVER, THE ACTIONS OF SUCH OTHER USERS ARE BEYOND
OUR CONTROL. ACCORDINGLY, WE DO NOT ASSUME ANY LIABILITY FOR OR RELATING TO ANY
IMPAIRMENT OF THE PRIVACY, SECURITY, CONFIDENTIALITY, INTEGRITY, AVAILABILITY,
OR RESTRICTED USE OF ANY INFORMATION ON THE WEBSITE RESULTING FROM ANY USERS’
ACTIONS OR FAILURES TO ACT.
WHILE IT IS OUR OBJECTIVE TO MAKE THE WEBSITE AND THE
INFORMATION OFFERED THEREIN ACCESSIBLE AT ALL TIMES, THE WEBSITES AND/OR THE
INFORMATION OFFERED THEREIN MAY BE UNAVAILABLE FROM TIME TO TIME FOR ANY REASON
INCLUDING, WITHOUT LIMITATION, ROUTINE MAINTENANCE, NETWROK FAILURE, SERVER
ISSUES. IN ADDITION, VARIOUS PORTIONS OF THE WEBSITE OR THE INFORMATION OFFERED
THEREIN MAY OPERATE SLOWLY FROM TIME TO TIME. YOU UNDERSTAND AND ACKNOWLEDGE
THAT DUE TO CIRCUMSTANCES BOTH WITHIN AND OUTSIDE OUR CONTROL, ACCESS TO THE
WEBSITE AND/OR THE INFORMATION OFFERED THEREIN MAY BE INTERRUPTED, SUSPENDED OR
TERMINATED FROM TIME TO TIME. IN PARTICULAR, AND NOT IN LIMITATION OF THE
FOREGOING, COMPANY SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OF BUSINESS OR
ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF
THE WEBSITE AND/OR THE INFORMATION OFFERED THEREIN.
WE EXPRESSLY DISCLAIM ANY LIABILITY FOR THE CONSEQUENCES TO
YOU ARISING BECAUSE OF YOUR USE OF THE WEBSITE, OR THE INFORMATION OFFERED
THEREIN.
Limitation Of Liability:
IN NO EVENT SHALL THE COMPANY, OR ITS RESPECTIVE OFFICERS,
MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES,
AFFILIATES, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES
(INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR
OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF
THE WEBSITE, OR THE INFORMATION OFFERED THEREIN; (II) ERRORS, MISTAKES, OR
INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE
AVAILABLE ON THE WEBSITE AND/OR THE INFORMATION OFFERED THEREIN; (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
WEBSITEBY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO
OR FROM THE WEBSITE; (VI) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY
THIRD PARTY OR USER OR (VII) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION,
MATERIALS OR SUBSTANCE ON THE WEBSITE POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE WHETHER BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER
OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. NOTWITHSTANDING
THE ABOVE, IN THE EVENT COMPANY SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD
PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND COMPANY AGREE THAT SUCH LIABILITY
SHALL UNDER NO CIRCUMSTANCES EXCEED THE VALUE OF THE SUBSCRIPTION FEES RECEIVED
BY COMPANY FROM YOU IN THE PRECEDING TWELVE MONTHS IN CONNECTION WITH USE OF
THE WEBSITE AND THE INFORMATION OFFERED THEREIN. YOU AND COMPANY AGREE THAT THE
FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU
AND COMPANY. YOU ACKNOWLEDGE THAT WITHOUT YOUR ASSENT TO THIS SECTION, COMPANY
WOULD NOT PROVIDE ACCESS TO THE WEBSITE AND THE INFORMATION OFFERED THEREIN, TO
YOU.
Indemnification:
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE
COMPANY, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS,
ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, AND AGENTS,
FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES,
COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES)
ARISING FROM YOUR USE OF, ACCESS TO THE WEBSITE AND/OR THE INFORMATION OFFERED
THEREIN; YOUR VIOLATION OF ANY PROVISION OF THE TERMS, INCLUDING THE PRIVACY
POLICY; YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION
ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT;
OR ANY CLAIM THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY OR
INFRINGED ANY THIRD PARTY INTELLECTUAL PROPERTY. THIS DEFENSE AND
INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE
WEBSITE. IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU FOREVER RELEASE THE
COMPANY (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS,
ASSIGNS, SUBSIDIARIES, AFFILIATES,
SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS,
DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN
AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE
WEBSITE AND/OR THE INFORMATION OFFERED THEREIN.
Termination /Modification/Suspension:
The Company may at any time, terminate its legal agreement
with you if you have breached any provision of the Terms (or have acted in
manner which clearly shows that you do not intend to, or are unable to comply
with the provisions of the terms). The Company may also terminate your Account
if you fail to pay the Fees as and when applicable.
If you wish to unsubscribe from MyExamTime you can send an
email to the Company at ______ to unsubscribe. You may terminate this Agreement
with the Company by discontinuing use of this Website
We may update or change the Website and/or Information
provided therein from time to time and recommend that You review these Terms on
a regular basis. You understand and agree that Your continued use of the Website
after the Terms have been updated or changed constitutes Your acceptance of the
revised Terms.
Notwithstanding anything to the contrary in these Terms, We
have the right, on providing notice to You, immediately to terminate, suspend,
or amend your use of the Website, without liability: (a) to comply with any
order issued or proposed to be issued by any governmental agency; (b) to comply
with any provision of law; or (c) if performance of any term of these Terms by
either Party would cause it to be in violation of law.
Upon termination of your Account, your right to use the
Website shall automatically terminate. You acknowledge and agree that your
right to use the Website is conditional upon your adherence to the Terms, the
continuous activation of your Account, and payment of the Subscription fees as
and when applicable. In the event of Termination your Account will be
terminated, you may not be granted access to your Account or any files or other
data contained in your Account. Notwithstanding the foregoing, residual data
may remain in the Company system as per Applicable law. Upon Termination, the
following shall occur: all licenses granted to you hereunder will immediately
terminate. You further acknowledge and agree that Company shall not be liable to
you or any third party for any termination of your access to the Website. Upon
Termination, Company retains the right to use any data collected from your use
of the Website or Impactify Software for internal analysis and archival
purposes, and all related licenses you have granted Company hereunder shall
remain in effect for the foregoing purpose. You agree to indemnify and hold the
Company, and its officers, managers, members, affiliates, successor, assigns,
directors, agents, suppliers, and employees harmless from any claim or demand,
including reasonable attorneys’ fees and court costs, made by any third party
due to or arising out of the Termination of Terms.
Governing Law and Jurisdiction:
The interpretation of this Agreement and the resolution of
any disputes arising under this Agreement shall be governed by the laws of
India and the courts at Delhi shall have jurisdiction, subject to the
Arbitration clause below,
Arbitration:
Any dispute, claim or controversy arising out of or relating
to this Agreement or the breach, termination, enforcement, interpretation or
validity thereof, including the determination of the scope or applicability of
this Agreement to arbitrate, or to Your use of the Website or the information
to which it gives access, shall be determined by Arbitration in India, before a
single arbitrator in accordance with the Arbitration and Conciliation Act 1996
along with all amendments. The venue of such arbitration shall be New Delhi,
India. The governing law of the Agreement shall be the substantive law of
India. All proceedings of such arbitration, including, without limitation, any
awards, shall be in the English language. The award shall be final and binding
on the Parties.
The Parties shall have the right to apply to a court of
competent jurisdiction to obtain interim injunctive relief in respect of any
dispute, pending resolution of such dispute in accordance with the Agreement.
Copyright Infringement Take Down Procedure:
The Company has high regard for intellectual property and
expects the same level of standard to be employed by the Users. Company may, in
appropriate circumstances and at its discretion, terminate the Account or
prohibit access to the Website to Users who infringe upon the intellectual
property rights of others. If you believe that your work has been copied,
uploaded and posted on the Website in a way that constitutes copyright
infringement and/or trademark infringement, please send the following
information to us at copyright@myexamtime.com
(i) identification of the copyrighted and/or trademarked
work claimed to have been infringed, or, if multiple works at a single online
site are covered by a single notification, a representative list of such works
at that site;
(ii) identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled at the Website and/or Impactify
Software, and information reasonably sufficient to permit Company to locate the
material;
(iii) a written statement that you have a good faith belief
that the disputed use is not authorized by the copyright and/or trademark
owner, its agent, or the law;
(iv) information reasonably sufficient to permit Company to
contact you as the complaining party, such as an address, telephone number,
and, if available, an electronic mail address at which you may be contacted;
(v) an electronic or physical signature of the person
authorized to act on behalf of the owner of an exclusive interest that is
allegedly infringed; and
(vi) a statement by you, made under penalty of perjury, that
the information in your report is accurate and that you are the owner of the
exclusive right or authorized to act on the behalf of the owner of the
exclusive right. A statement by you comprised of the foregoing points is
referred to herein as the “Notice.”
Only the intellectual property rights owner is permitted to
report potentially infringing items through Company’s reporting system set
forth above. If you are not the intellectual property rights owner, you should
contact the intellectual property rights owner and they can choose whether to
use the procedures set forth in these Terms of Use.
Other Websites:
MyExamTime may contain links to other websites. Please note
that when you click on one of these links, you are entering another
website/application over which we have no control and will bear no
responsibility. Often these websites/applications require you to enter your
personal information. We encourage you to read the privacy statements on all
such websites/application as their policies may differ from ours. You agree
that we shall not be liable for any breach of your privacy of personal
information or loss incurred by your use of these websites /application. We are
not responsible for the privacy policies and/or terms of use of other sites.
This Terms of Use only governs use of the Website.
Events beyond our control
MyExamTime shall have no liability to you for any failure to
provide access to the Website and/or the offerings or any delay in doing so
which is caused by any event or circumstance beyond our reasonable control
including, without limitation breakdown of systems or network access, flood,
fire, explosion or accident or events deemed to be force majeure.
Amendments
We may vary these terms and conditions. Any variations
become effective on posting on the website. By making a purchase through this
website after the terms and conditions have been varied you agree to be bound
by that variation.
Security
We take reasonable security measures and procedures, and as
specified by applicable law, to maintain appropriate physical, technical and
administrative security to help prevent loss, misuse, or unauthorized access,
disclosure or modification of Personal Information. While we take these
reasonable efforts to safeguard your personal information, you acknowledge and
agree that no system or transmission of data over the Internet or any other
public network can be guaranteed to be 100% secure. You should take steps to
protect against unauthorized access to your password, phone, and computer by,
among other things, signing off after using a shared computer, choosing a
robust password that nobody else knows or can easily guess, and keeping your
log-in and password private. We are not responsible for the unauthorized use of
your information or for any lost, stolen, compromised passwords, or for any
activity on your Account via unauthorized password activity.
Waiver
The failure of MyExamTime to exercise or enforce any right
or provision of these terms and conditions does not constitute a waiver of such
right or provision in that or in any instance.
Severability
If any provision of these terms and conditions are held to
be invalid, unlawful void or otherwise unenforceable, then that provision will
be deemed severed from these terms and conditions and will not affect the
validity and enforceability of any remaining provisions.
Usage
The free version of any product/services can be used by the
customer for an undefined extent of time up to and until the customer’s
satisfaction and/or termination of the free version availability.
The premium versions of any product/services can be used the
customer only after purchase from the company up to and until the period of
availability as defined for the product/services which wherever not mentioned
can be used for an undefined extent of time.
Refund rules
All payments, if any, made are non-refundable.
Grievance officer:
In accordance with Information Technology Act 2008 and rules
made there under, the name and contact details of the Grievance Officer is as
follows:
Email Id:
Last updated 01 Apr 2020.
© 2020 Enlight Era Techno. All Rights Reserved