1.2 If there is any conflict:
2. Proctoring Services ("Services")
2.1 The Website is an electronic platform wherein EasyTalent offers a solution for online proctoring whereby tests can be created, delivered, answered, evaluated, invigilated and analysed by the User through the Website and the Software provided on the Website (or through an App Store such as Play Store or Apple Store) for the same.
2.2 Prices of all Services and/or Software are subject to change without prior notice or intimation.3. Eligibility to Use
3.2EasyTalent reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
4.1 You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.
4.2 Registered users: EasyTalent makes certain sections of the Services available to You through the Website only if You have provided EasyTalent certain required User information and created an account and username and password ("Account"). In the event You register as a User by creating an Account in order to avail of the Services provided by the Website, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify EasyTalent of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. EasyTalent cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by EasyTalent or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
4.3 Guest users: The Website also allows limited access to the Services for unregistered Users (also called as 'guest users'). Such users will be able to browse the Website and use the Services for the purpose of purchasing Products. However, You will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.
5.3 EasyTalent may have existing arrangements with its banks, regarding limits on the amounts You can pay (if You are a buyer) in the course of a single transaction. However, EasyTalent shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of You/cardholder having exceeded the preset limit mutually agreed by EasyTalent with its bank from time to time.
5.4 For Your making payments for buying the Software/ Services on the Website or buying Services through or for the Software, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the Products on Website and EasyTalent does not control the same and shall be liable for the same.
5.5 Payment Facility for Your orders: EasyTalent may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable laws, to facilitate the payment between Users i.e. buyers and sellers and for collection of EasyTalent 's fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the governing body of the same, for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.
6.1Subject to compliance with the Agreement(s), EasyTalent grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein.
6.3 You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Software) that You access on the Website in accordance with clause 7.
6.4 You agree not to access (or attempt to access) the Website or Services by any means other than through the interfaces that are provided by EasyTalent. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual/automatic process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
6.5 If you believe that any Content or User Content (as defined herein) or other content available on the Website does not comply with the terms of the Agreement(s) or applicable law, You may report such content in the manner prescribed under clause 14 herein.
6.6 The Website may allow you to post certain content, data or information of Your own such as allowing You to rate Software, post your comments, and reviews in relation to Software on specific pages of the Website, as well as submit any suggestions, comments, questions or other information to EasyTalent using the Website / Services (collectively referred to "User Content"). You, being the originator of the User Content, are responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that EasyTalent does not endorse any User Content on the Website and is not responsible or liable for any User Content. EasyTalent reserves the right to disable access to the User Content on the Website.
6.8 When you use the Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that belongs to another person and to which the User does not have any right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; harms minors in any way; impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; threatens the unity, integrity, defense, 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 of any other nation; infringes any patent, trademark, copyright or other proprietary rights; contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website); attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any EasyTalent server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means; 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 EasyTalent , including any EasyTalent 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; use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of EasyTalent or other third parties; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; 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 the Agreement.
6.11 You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.
6.12 You shall use this Website, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
6.13 You may need to install updates that we or any third party introduce from time to time to use the services, Software, Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Your use of the Software or Website you have installed requires that you have agreed to receive such automatically requested Updates.
6.14 Any purchase of the Software and Services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Software and Services purchased are not transferrable to any third party for profit or otherwise.
6.15 There may be certain orders that EasyTalent is unable to process. Some situations that may result in EasyTalent's inability to process or pass on buyer's order include, without limitation, non- availability of the Website service, force majeure, credit limitations or suspected fraud.
6.16 EasyTalent may store temporary or permanent "cookies" on Your computer. You can erase or choose to block these cookies from Your computer. By accessing EasyTalent's website You agree to the download/storage of cookie's on your computer system. You can configure Your computer's browser to alert You when we attempt to send You a cookie with an option to accept or refuse the cookie. If You have turned cookies off, You may be prevented from using certain features of the Website.
7. Use of Content
Except as expressly indicated to the contrary in any applicable Additional Service Terms, EasyTalent hereby grants You a non-exclusive, revocable and non-transferable right to view, download and print product catalogues available on the Website, subject to the following conditions:
7.2 The rights granted to You in the materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.
7.3 Any Software that is available on the Website is the property of EasyTalent or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by the Agreement or by the express written permission of EasyTalent..8. Intellectual Property Rights
8.1 The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music, video artwork and computer code (collectively, the "Content") on the Website is owned and controlled by EasyTalent or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. EasyTalent reserves the right to change or modify the Content from time to time at its sole discretion.
8.2 You hereby acknowledge that EasyTalent is the copyright owner in all Software You download and that You have been granted license to use the same as per the terms of the End User License Agreement. You understand and acknowledge that at no point does this license allow You to transmit, copy or further disseminate in any manner whatsoever the Software or content created through the Software (including but not limited to graphics, written materials, text, videos, sounds, exams, answer sheets, results, analytics etc…) to any third person. Allowing a non-User or another User to log in from Your account is unauthorised and a breach of this license. Breach of any copyright violations of the Website/Software and any of its content shall be punishable by civil and criminal charges and consequent proceedings.
8.3 The trademarks, logos and service marks displayed on the Website/Software ("Marks") are the property of EasyTalent or their vendors/seller or respective third parties. You are not permitted to use the Marks without the prior consent of EasyTalent, the vendor/seller or the third party that may own the Marks.
8.4 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, EasyTalent owns all intellectual property rights to and into the trademarks "EasyTalent" and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
8.5 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from EasyTalent or third party owner of such Content. Breach of any copyright violations of the Website and any of its content shall be punishable by civil and criminal charges and consequent proceedings.
You further acknowledge that any Test created, Answer Sheet generated, audio and video recording, personal data entered and biometric information entered by You may be retained by EasyTalent for further use. You hereby grant EasyTalent a Copyright License in perpetuity over all, recordings, Tests, questions, answer sheets generated by, or entered in to the Website/Software by You. You understand and grant EasyTalent a world-wide Copyright License in perpetuity to use and disseminate this data on a Commercial and Non-Commercial Basis
9.1 General third party information such as, product catalogues, product description and specifications, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the Website/Software ("Third Party Content"). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell their products. All Third Party Content is provided on an 'As Is' basis. EasyTalent may not own / have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. EasyTalent shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content
9.2 In the event any Third Party Content contains links to third party websites, and You visit any such external link, You agree to do so at your own risk, responsibility and liability. EasyTalent makes no warranty or representation regarding, and does not endorse, any website linked to the Website / Services or the information appearing thereon or any of the products or services described thereon. EasyTalent is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure You understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
10.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EasyTalent WILL HAVE NO LIABILITY RELATED TO USER CONTENT AND / OR THIRD PARTY CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. EasyTalent ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY CONTENT.
10.3 YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EasyTalent WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE, SOFTWARE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. EasyTalent HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT EasyTalent NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. EasyTalent SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, EasyTalent SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND EasyTalent'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. EasyTalent IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. EasyTalent ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
10.4 In no case shall EasyTalent, its directors, officers, employees, affiliates, agents, contractors, interns or partners be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Products procured using the Service, or for any other claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
10.5 In the event You have purchased / downloaded the Website from any online application stores, whether provided by Apple, Inc., Google, Inc. or Blackberry Limited (or their respective affiliates) (collectively referred to as "Store Providers"), and there occurs any failure of the Website and / or Services, You may follow the process recommended by the Store Provider under the terms of the contract applicable between You and such Store Provider. The Store Providers shall not be liable for any (i) warranty obligations of EasyTalent and related claims, losses, liabilities, damages, costs or expenses; (ii) product liability / consumer protection claims, and claims related to the Website's non-conformity with any applicable laws; and (iii) any third party claims of infringement of intellectual property rights by the Website / EasyTalent.
11.1 You agree to indemnify, defend and hold harmless EasyTalent, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website or Software; or (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.
11.2 EasyTalent may notify You of any claims which You shall be liable to indemnify EasyTalent against. You will then be required to consult with EasyTalent regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of EasyTalent without the express prior written consent of EasyTalent which can be withheld or denied or conditioned by EasyTalent in its sole discretion.
11.4 Notwithstanding anything to contrary in the Agreement(s), in no event shall EasyTalent, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not EasyTalent has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Software, Services or Content.
12.1 The Agreement will continue to apply until terminated by either You or EasyTalent as set forth below. If You want to terminate Your agreement with EasyTalent, You may do so by closing Your Account for all of the Services that You use, where EasyTalent has made this option available to You.
EasyTalent is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
The provision of the Services to You by EasyTalent is, in EasyTalent 's opinion, no longer commercially viable
EasyTalent has elected to discontinue, with or without reason, access to the Website, Software or the Services (or any part thereof); or
In the event EasyTalent faces any unexpected technical issues or problems that prevent the Website and / or Services from working.
12.4 EasyTalent may also terminate or suspend all or a portion of Your Account or access to the Services/Software with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services/Software; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Services/ Software.
12.5 You agree that all terminations shall be made in EasyTalent 's sole discretion and that EasyTalent shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services/Software.
12.6 Notwithstanding the foregoing, such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until EasyTalent chooses to terminate them. EasyTalent may inform the sellers who have accepted Your purchase orders on the Website, that this Agreement is terminated, and upon such information sellers may cancel the purchase order. EasyTalent may also cancel all Your non-fulfilled orders/Services on the Website/Software without any obligation or liability towards You.
15.1 When You use the Website or send emails or other data, information or communication to EasyTalent, You agree and understand that You are communicating with EasyTalent through electronic records and You consent to receive communications via electronic records from EasyTalent periodically and as and when required. EasyTalent will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law,
16.1 A refund can be offered in the following manner:
a. more than 168 hours prior to scheduled time of test: 100%
b. 168 hours to 36 hours prior to scheduled time of test: 50%
c. less than 36 hours prior to scheduled time of test: nil
All refunds may be subject to a processing fee not exceeding 10% of the total refund.
16.2 The setup fee paid by a User to create a Test is non-refundable.
16.3 Refund of the duplicate payments will be processed by means of same source (original method of payment) upon intimation by the USER.
Please send a mail with transaction details to firstname.lastname@example.org for refund requests. All refunds will be processed within 10 to 15 working days after the refund request is approved by EasyTalent.
Mr. Srinath Vedula,
17.2 You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. EasyTalent 's rights and/or obligations under the Agreement are freely assignable or otherwise transferable by EasyTalent to any third parties without the requirement of seeking Your prior consent. EasyTalent may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. EasyTalent shall have the right to transfer Your Account and Account Information to a third party who purchases EasyTalent 's business as conducted under the Website.
81.1 Any feedback You provide to this Website shall be deemed to be non-confidential. EasyTalent shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) EasyTalent is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) EasyTalent may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from EasyTalent for the feedback under any circumstances.
81.2 To clarify, EasyTalent may at its discretion, make any modifications or changes to the Website, Software, Content and / or Services on the basis of such feedback, however EasyTalent shall not be obliged to do so. Further, in the event that EasyTalent makes any changes or modifications to the Website, Software, Content and / or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Software, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to EasyTalent, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, Content and / or Services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website, Content and / or Services.