Terms of Use

TERMS OF USE

The present Terms of Use document is being published in accordance with the provisions of the Information Technology Act, 2000 and other applicable Rules thereunder, including but not limited to the Information Technology (Intermediary Guidelines) Rules, 2011.

Welcome to the etestseries website ("the Website")and/ or etestseries mobile app ("the App").The Website and the App are owned and provided to you by Techraj Solutions, having its registered office at HA-292,Salt Lake, Kolkata-700064. The Website and the App shall hereinafter be collectively referred to as "the Platform".For the purposes of this Terms of Use, accessing the Platform together with any study material made available or uploaded therein or downloaded, embedded therefrom shall hereinafter be collectively be referred to as the "Services".

INTRODUCTION

By using or accessing the Platform in any way, including registering on the Platform, using, viewing, sharing, embedding and/or downloading any Services, you agree to be bound by the Terms of Use set forth herein. By accepting these Terms of Use, you also accept and agree to be bound by Etestseries Policies, including but not limited to the etestseries Privacy Policy and the etestseries Copyright Policy.

If you do not understand the present Terms of Use or do not agree with/accept any part thereof, you should immediately discontinue using or accessing the Platform. Your use and/or continued use of the Platform, as the case may be, amounts to express consent by you to the terms of this Terms of Use as well as other etestseries Policies.

ELIGIBILITY

By agreeing to these Terms of Use, you represent that you are legally competent to enter into an agreement and provide consent to these Terms of Use. You further represent that

  1. You are of sound mind.
  2. Have attained the legal age necessary under the applicable laws to enter into an agreement and/or access, avail the Services and.
  3. Are not prohibited from entering into a legally binding contract as per applicable laws.

In case the Platform is being accessed and the Services are being availed for the benefit of a minor, you expressly confirm that you are legally competent to provide consent on behalf of such a minor and that the minor’s use of the Platform and/or the Services shall be subject to the Terms of Use.

YOUR ACCOUNT

You can become a registered user of the Platform by setting up a password-protected account with us. In order to set up such an account, you will be required to enter details of your registered email id and password or you may login using the account details of any partner website. By setting up the account, you agree to accept any and all responsibility for any and all activities that occur under your account. By setting up the account, you further agree to the contents of the Privacy Policy.

Etestseries reserves the right and sole discretion to refuse access to the Platform, terminate any account, remove or restrict any content, at any time, with or without notice to you in case we notice any illegal activity on or from account or if we have reasons to believe that any information provided by you is untrue, inaccurate, outdated or incomplete.

USER CONTENT

Etestseries provides its users with the option of creating posts and/or upload content on the Platform("User Content"). When you submit or upload any content on the Platform you represent and warrant that:

  • You own all copyright in the content, or if you are not the owner, that you have permission to use the content, and that you have all the rights and permissions necessary to permit uploading, displaying, sharing, reproduction, downloading, the transmission of such content.
  • The content you upload will not infringe the intellectual property rights or other rights of any person or entity, including but not limited to the copyright, moral rights, trademark, patent or rights of privacy or publicity.
  • Your use of the Platform will comply with all applicable laws, rules, and regulations.
  • The content does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
  • The content is not misleading and deceptive and does not offer or disseminate fraudulent goods, services, schemes, or promotions.
    Etestseries reserves the right to review such content uploaded by the user and in case any content is found to be violation of any of the Terms of Use and/or any applicable laws, etestseries may remove any content from the Platform and/or terminate or suspend the user account in its sole discretion.

RESTRICTION AND TERMINATION OF USE

Etestseries may block, restrict, disable, suspend or terminate your access to all or part of the free Services offered on the Platform, at any time in Etestseries's sole discretion, without prior notice to you upon etestseries . Specifically, in case of prolonged inactivity, Etestseries reserves the right to disable, deactivate or terminate a user's account. If an account has been disabled or deactivated for inactivity, the user name associated with that account may be given to another user without notice to you or such other party. If you violate the Terms of Use, Etestseries may at its sole discretion, block, restrict, disable, suspend or terminate the paid Services offered on the Platform.

INTELLECTUAL PROPERTY

The Services, including but not limited to digital content on the website i.e. text, graphics, user interface, images, video interface and software as well as their selection and arrangement, may belong to etestseries or to its partners who have granted Etestseries the right to use their content and are protected to the fullest extent possible by applicable laws related to copyrights, trademarks, trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"). Any unauthorized use of the Services may violate such laws and the Terms of Use. Etestseries reserves all its legal rights to prohibit, stop or contain any such violations.

You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Platform and Services or any parts thereof or the selection and arrangement of the Platform and Services, except as expressly authorized herein. Etestseries grants you a non-exclusive, non-transferable, limited permission to access and display the web pages within this Platform, solely on your computer or any other electronic viewing device for your personal, non-commercial use of this Platform. This permission is conditional on the basis that you shall not modify, alter or illegally use the content displayed on this Platform and shall keep intact and comply with all copyright, trademark, and other proprietary notices of the Platform, if any. The rights granted to you constitute a license and not a transfer of title in any manner.

Use of the Platform or Services for any other purpose other than expressly granted hereunder is expressly prohibited and may result in severe civil and criminal penalties.

In relation to any content submitted, uploaded or generated by you on the Platform, you hereby grant an unconditional, unlimited, perpetual, royalty-free, worldwide license and permission to Etestseries and its affiliates, content sharing partners to display, store, host, publish, digitally reproduce or copy, transmit, communicate, modify, translate, distribute or otherwise make such content available on the Platform or in relation to the Services provided by Etestseries. You agree that such content may continue to be made available on Etestseries despite any termination or suspension of your account, if such content has been shared, stored or embedded by any other user(s). You agree to not hold Etestseries responsible for the aforesaid activities in relation to your content.

ADVERTISEMENTS AND PROMOTIONS

This Platform may run advertisements and promotions from third parties, products and/or services in any manner and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties.

You acknowledge and agree that Etestseries is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Etestseries advertisers on the Platform.

Our links with advertisers should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

LINKS TO THIRD PARTY WEBSITES

The Platform may include links that redirect you to other websites. These third-party websites are not covered by the Terms of Use. You agree that once you leave our servers, any third-party websites that you go to or interact with are at your own risk. Etestseries shall not be held liable for any default, loss of function or any risk or consequence that you may be exposed to as a result of the same.

SPAM E-MAIL AND POSTINGS

In the event your access or use of the Platform and Services is found to be spammy, misleading, malicious, annoying or containing/promoting unsolicited e-mails or network postings, Etestseriesreserves its right to obtain immediate injunctive reliefs against you or against such use by you, in addition to all other remedies available at law or in equity. Etestseries may also opt to block, filter or delete unsolicited e-mail, messages or postings as per its sole discretion.

INDEMNITY

You agree to indemnify, defend and hold Etestseries and its officers, directors, partners, employees, agents, and representatives harmless, from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from

  1. Your user content and any other content (e.g. computer viruses) that you may submit, post to or transmit through the Platform (including a third party's use of such user content (e.g. reliance on the accuracy, completeness or usefulness of your user content).
  2. Your access to or use of the Platform and Services (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with the Platform and Services).
  3. Your breach of any clause of the Terms of Use.
  4. Any allegation that while using any of the software made available on the Platform you infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party and/or any dealings between you and any third parties advertising or promoting or linked via the Platform.
  5. Your activities in connection with the Platform.

This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.

DISCLAIMER

We do not represent or guarantee that this Platform will be free from errors or viruses. You acknowledge that this Website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.

We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this Platform, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Platform.

PRIVACY POLICY

Your privacy is very important to us. Users of our Platform should refer to our Privacy Policy, which is incorporated into this Terms of Use by reference, with respect to the disclosure, collection, storage, usage and protection of your information during the course of your interaction with the Platform.

COPYRIGHT POLICY

Etestseries respects and recognize the intellectual property rights of others and expects users of Etestseries to do the same. Users of our Platform should refer to our Copyright Policy, which is incorporated into this Terms of Use by reference. If you believe that your content has been used on Etestseries in a way that constitutes an infringement of your copyright, please notify Etestseries’s designated agent for complaints or approach us through the procedure set out under the applicable provisions of the Information Technology Act. If you have a good faith belief that your copyright has been infringed by any of our users, you may follow the process as specified in our Copyright Policy.

CANCELLATIONS & REFUND POLICY

Cancellations: As a general rule, all sales made on Etestseries are final and you shall not be entitled to cancel your order once you have received confirmation of the same. Etestseries reserves the sole right to cancel any order as per our discretion in case (i) we are unable to deliver the order in a satisfactory manner and/ or (ii) the user tries to take advantage of the system which violates the Terms of Use. Etestseries will ensure that any communication of cancellation of an order or any applicable refund will be made within a reasonable period of time.

Refunds: You shall be entitled to a refund only if Etestseries is unable to deliver your order. For refund requests please email to info@etestseries.in for test series within 1 week of the date of purchase. All refunds will be processed on a pro-rated basis, depending on the service already delivered by Etestseries. Refunds will be done directly to the original payment mode within Fifteen working days of finalization of a claim.

AMENDMENTS TO THE TERMS AND CONDITIONS

Etestseries may amend the Terms of Use and other Etestseries Policies published on the Platform from time to time at its sole discretion. Your continued access or use of the Platform and Services constitutes your acceptance of the amendments. Your access and use of the Platform and Services will be subject to the most current version of the Terms of Use, Privacy Policy and Copyright Policy posted on the Platform at the time of such use. Please regularly check the Platform to view the latest version of Etestseries Policies.

APPLICABLE LAW AND JURISDICTION

Terms of Use shall be governed by and construed in accordance with the Laws of India. In case of any disputes, the courts in Kolkata will have exclusive jurisdiction to try any such disputes to the exclusion of all other courts.
Miscellaneous

These Terms and Conditions constitute the entire agreement between Etestseries and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by Etestseries or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Etestseries may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of Etestseries and you, and Etestseries's and your respective successors and permitted assigns.

Last Updated on  April 8th, 2020