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Terms
Conditions for Contributors of the testbag.com
RKS
Learning Private Limited (“RKS”) makes this
website ( the “Site” ) including all information,
documents, communications, files, text, graphics and software
available through the Site (collectively, the “Materials”)
and all services operated by RKS and third parties (the
“Services”) through the Site, available for
your use subject to the terms and conditions set out in
this document and any changes to this document that RKS
may publish from time to time . |
By
accessing or using the Site through individual subscription
you agree to and are bound by these terms and conditions
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- Testbag.com is an on-line testing service, delivered via
the world wide web, by RKS Learning Private Limited and
its subcontractors. The service does not include any Internet
access provision, software or equipment. All users should
make their own arrangements to connect to the Internet.
- The Materials and Services on this
Site, as well as their selection and arrangement, are protected
by copyright, trademark, patent, and/or other intellectual
property laws, and any unauthorised use of the Materials
or Services at this Site may violate such laws and these
Terms and Conditions
- In
registering to use the Site, including all Services and
Materials available through it, you agree to:
•Provide accurate, complete and up to date information
about yourself as required by the Site’s registration
form
•Maintain and update your Registration Data to keep
it accurate, complete and up to date.
You are responsible for maintaining the confidentiality
of your account and for all activities carried out using
your account information.
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The named contributor identified in the registration process,
unless informed otherwise in writing, is assumed to be responsible
for the use made of username/user ID and password. The named
contributor is responsible for maintaining the confidentiality
of username/user ID and password and for all activities
carried out using username/user ID and password.
RKS reserves the
right, at its sole discretion, to terminate or suspend your
use of the Site, terminate or suspend your account and refuse
any current or future use of the Services if it believes
in good faith that you have knowingly failed to comply with
the above user registration terms of use.
- The
Materials and Services on this Site are protected by trademark,
copyright, patent and intellectual property laws and must
only be used for personal use of named test trial user.
Neither the service, nor material from it, may be re-sold,
or reproduced for the use of anyone other than the named
individual subscriber. You agree not to republish, frame,
transmit, modify, rent, lease, loan, sell, assign, distribute,
license, sub-license, reverse engineer, or create derivative
works based on the Site, its Materials, or its Services
or their selection and arrangement, except as expressly
authorised in these Terms and Conditions. In addition, you
agree not to use any data mining, robots, or similar data
gathering and extraction methods in connection with the
Site.
- In
using the Site, including all Services and Materials available
through it, you agree to not to disrupt or interfere with
the security of the Site or otherwise cause harm to the
Site or linked websites and not to upload viruses or destructive
files.
-
In
using this Site and its Services, you expressly understand
and agree that
(a) The Site and the Services contained on it are provided
on an “as is” and “as available”
basis and that use of the Site and Services is at your own
risk.
(b)RKS disclaims all warranties of any kind, whether by
express or implied, including, but not limited to the implied
warranties or merchantability, fitness for a particular
purpose and non-infringement.
(c) RKS makes no warranties regarding the accuracy, reliability,
quality or availability of service of any products, materials
or services made available on the Site
(d) Any damage to your computer or loss of data that results
from the use of the Site or Services, or from the download
of any material will be your sole responsibility and is
done at your own discretion.
(e)No advice or information obtained from the Site or its
Services, whether written or oral, shall create any warranty
not expressly stated.
Any errors in the software will be corrected
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Further, RKS makes no warranty or condition that:
(a)The Services will meet your requirements
(b)The Services will be uninterrupted, timely, secure or
error-free
(c ) The results that may be obtained from the use of the
Services will be accurate or reliable
- As
a contributor , you must not post or transmit to this website
any material:-
•that is knowingly false or misleading
•that is defamatory, illegal, abusive, vulgar, hateful,
harassing, liable to incite racial hatred, blasphemous,
discriminatory, pornographic, sexually oriented, threatening
or invasive of a person's privacy
•which you do not own or for which you have not obtained
all necessary licenses and/or approvals
•which is technically harmful (including, without
limitation, computer viruses, logic bombs, Trojan horses,
worms, harmful components, corrupted data or other
malicious software or harmful data)
•impersonating any person or entity, or falsely stating
or otherwise misrepresenting your affiliation with anyone
or entity. -
RKS
shall be entitled to reveal your identity (or any information
which we have about you) if appropriate
- You
agree to indemnify, defend, and hold harmless RKS Learning
Private Limited and its trustees, directors, officers and
employees, from and against all liabilities, claims, demands
and expenses arising out of any of your Contributions which
breach these Terms.
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Any Contributions you transmit or post to this website shall
be considered non-confidential. By transmitting or posting
a Contribution to the website you:-
• 12.1 represent that you are fully entitled to do
so;
• 12.2. grant us a non-exclusive, perpetual, non-terminable,
worldwide, sub-licensable and royalty-free license to
copy, modify, distribute, show in public and create derivative
works from that material in any form and anywhere for
all commercial or non-commercial purposes related to our
work; and
• 12.3. Authorise us to adapt the relevant material
in the course of doing so and so waive all moral rights
you have in your Contribution to the fullest extent permitted
by law. -
RKS
reserves the right to delete, modify, or supplement the
content at any time for any reason without prior notification.
RKS learning Private Limited reserves the right to modify
and develop the service .
-
RKS reserves the right, at its sole discretion, to delete
or remove user content from the Site. RKS may, but is not
obligated to, monitor or review (i) any areas of the Site
where users transmit or post user content, including but
not limited to areas where Services are available, and (ii)
the substance of any user content. To the maximum extent
permitted by law, RKS will have no liability relating to
user content arising under the laws of copyright, libel,
privacy, obscenity, or otherwise. substance of any user
content.
- RKS
reserves the right, at its sole discretion, to terminate
or suspend your use of the Site, terminate or suspend your
regisration and refuse any current or future use of the
Services if it believes in good faith that you have knowingly
failed to comply with the above terms and conditions or
the services are being abused or continuing your subscription
would endanger the service as a whole.
- .To
the extent not prohibited by applicable law, RKS is not
liable for any direct, indirect, incidental, special, consequential,
punitive, or exemplary damages, including but not limited
to, damages for loss of profits, revenue, goodwill, use,
data, electronically transmitted orders or other economic
advantage (even if RKS has been advised of the possibility
of such damages), however caused and regardless of the theory
of liability, whether in contract (including fundamental
breach), tort (including negligence) or otherwise, arising
out of, or related to:
(a)The use or inability to use the Services;
(b)The cost of procurement of substitute goods and Services
purchased or obtained or messages received or transactions
entered into though or from the Services;
(c )Unauthorised access to or alteration of your transmissions
or data;
(d)Statements or conduct of any third party on the Services
or Site;
(e)Any other matter relating to the Services, including
content you may download, use, modify or distribute from
the Site.
(f) You have the sole responsibility for adequate protection
and backup of data and/or equipment used in connection with
the Site and will not make a claim against RKS for lost
data, re-run time, inaccurate output, work delays or lost
profits resulting from the use of content.
You agree to hold RKS harmless from, and you covenant not
to take any legal action against RKS for any claims based
on using the Site, whether in contract (including fundamental
breach), tort (including negligence) or otherwise except
where RKS is prevented by law from making such exclusions
or limitations. -
RKS reserve
the right to amend these terms and conditions at its sole
discretion . An up to date copy of said terms and conditions
will be kept on the web site. Your continued use of the
Site, or any Materials or Services accessible through it,
constitutes your acceptance of the updated terms and conditions
This
Agreement operates to the fullest extent permissible by
law. If any provision of this Agreement is unlawful, void
or unenforceable, that provision is deemed severable from
this Agreement and does not affect the validity and enforceability
of any remaining provisions.
The
terms and conditions are governed by the laws of India without
giving effect to any principles of conflicts of laws. The
website is subject to the exclusive jurisdiction of the
courts of New Delhi, India .
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