Terms and Conditions
Last Revision: Friday, 1 March 2019
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY BEFORE USING THE WEBSITE.
BY USING THIS WEBSITE OR ORDERING PLANS/PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the "Agreement") governs your use of this website, http://mynextexam.com (the “Website"), RabKaps Technologies Pvt Ltd ("RTPL") offer of products or plans for purchase on this Website, or your purchase of products or plans available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below.
RTPL reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. RTPL will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. RTPL encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website.
This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with RTPL for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
Terms applicable to all users
Changes to Terms
The Website is directed to those individuals and entities located in India as well as other countries where the law allows it to be used. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorised to access or use any of the information on this Website.
RTPL makes no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that its products and services are available in countries with different laws. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
Scope of Use and User E-Mail
You are only authorised to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.
You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content of this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.
Copyrights and Trademarks
The materials at this site, as well as the organisation and layout of this site, are copyrighted and are protected by Indian and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Website, or portions of the Website, must include RabKaps Technologies Pvt Ltd’s copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of RTPL
Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without prior written permission of RTPL. You may not use a part of this Website on any other Website, without RTPL prior written consent. RTPL respects the intellectual property rights of others and expects our user/ users to do the same. The policy of RTPL is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at email@example.com
Ownership of Materials and Restrictions:
All content on this website, including site layout, software, images, photographs, text, services and other similar materials (collectively, "Materials") are the properties of RTPL and are protected under the copyright and other intellectual property laws.
The User cannot copy, display, distribute, modify, publish, reproduce, store, transmit, create derivative works from, or sell or license all or any part of the Materials, products or services obtained from our website in any medium to anyone. No part of the Website, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of RTPL. The User may print (or download content from the website for personal, non-commercial use only, provided, he/she adhere to all copyright and other proprietary notices of the website. )
The User cannot use the services on the site to publish or distribute any information (including software or other content/material) which is illegal, which violates or infringes upon the rights of any other person, which is abusive, offensive, profane, pornographic, threatening, or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. RTPL reserves the right to exercise editorial control over the content/ material that is submitted or distributed through its facilities and/or services. The User cannot, without the approval of RTPL use the website to publish or distribute any advertising, promotional material, or invite other users of the website to use any goods or services. Similarly, the User cannot use the website to download and redistribute public information or shareware for personal gain or use the facilities and/or services to distribute multiple copies of public domain information or shareware.
Forms and Related Materials:
Forms and other information, forms and materials provided through the Site, including any data, text, graphics, images, audio and video clips, logos, icons and links (collectively, the "Materials"), are intended to educate and inform you about courses, colleges, universities and exams on Mynextexam.com. Please necessarily visit the website of the College/course or prospectus of the exams and also go through the all the documents and material related to the applications & admission, as issued by the College/University/Board. Complying with any guideline of College or in understanding the procedure etc. shall be the sole liability of users only. You also undertake the responsibility to ensure that the details given by you in any forms are complete and correct. RTPL shall not be responsible for REJECTION ARISING OUT OF any incomplete or incorrect information given while filling up the Application form. The acceptance or rejection of a student for a particular program in a college is solely at the discretion of the college/university/board and mynextexam in no way can / will influence that action. mynextexam only acts as a means to apply to these colleges and cannot guarantee a successful admission to a college arising out of various reasons at the discretion of the college.
This site is an education platform and thus distribute information of important dates and timelines of various events related to admissions and exams. Mynextexam collects this information from various resources available on the internet. While mynextexam tries its best to provide correct information, mynextexam encourages students and parents to visit official sites of the colleges/universities and boards to check these timelines. All information including timelines provided through the Site, including any data, text, graphics, images, audio and video clips, logos, icons and links (collectively, the "Materials"), are intended to educate and inform you about courses, colleges, universities and exams on Mynextexam.com. Please necessarily visit the website of the College/course or prospectus of the exams and also go through the all the documents and material related to the applications & admission, as issued by the College/University/Board. Complying with any guideline of College or in understanding the procedure etc. shall be the sole liability of users only. Missing a deadline is solely the responsibility of the user of the website and the acceptance or rejection of a student for a particular program in a college is solely at the discretion of the college/university/board and mynextexam in no way can / will influence that action. Mynextexam only acts as a means to apply to these colleges and cannot guarantee a successful admission to a college arising out of various reasons at the discretion of the college.
Website may contain links to other sites that are not owned or controlled by RTPL. Such links are provided only for the purpose of your convenience. Please be aware that we, RTPL and/or the website, are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies only to information collected by the website or to our other related websites provided it appears at the footer of the page therein. It does not apply to third party advertisements which appear on our websites and we suggest you read the privacy statements of such advertisers.
Registration / Login
Some areas of the Site require you to be or become a registered user or to provide your information details. When and if a user does the same, he/she agrees to
Provide accurate, current and complete information as prompted in the registration form or Lead form or any such form which requires the user to enter personally identifiable information to proceed further.
Maintain and update information (including email address) to keep it accurate, and complete. A User acknowledges that, if any information provided is untrue, inaccurate, not current or incomplete, RTPL reserve the right to terminate this Agreement and the user's use of this web-site. A user is requested to note his/her Application ID & Transactions ID at the time of filling up the application form & making payments. Hereby a user declares that his/her parents are aware of his/her application to colleges via www.mynextexam.com, and the permission has been granted by them for unconditional use of the same.
Additional terms only applicable to registered users.
Upon providing his/her information, the User agrees to the following points:
Make his/her contact details available to RTPL; the User may be contacted by RTPL for education / application information through email, telephone and SMS, if the User does not wish to be contacted, he/she shall communicate the same to firstname.lastname@example.org and necessary action shall then be taken by mynextexam.
Receive promotional mails/special offers from RTPL or any of its associate/partner websites.
Be contacted by RTPL in accordance with the information provided by the User.
Mynextexam reserves the right to use the user’s mobile and demographic information such as age, sex and location to conduct targeted mobile marketing campaigns even for third parties wishing to advertise using our database.
Mynextexam also reserves the right to sell this information and also the entire site to a third party if a third party is desirous of purchasing this information. The same could be used to gather information about a students interest in a particular course as advertised on the website; this information is gathered by your consent and can be sold to a college/university for admission purposes. The user shall not have any objection upon any call/SMS/Communication by Mynextexam or by any third party on its behalf or by any other party authorized by Mynextexam in this regard to communicate with the user regarding any matter connected with Mynextexam. I the student do not want his information to be given out, please do not fill up the form asking for information. Filling up the form is consenting for using the information for admission purposes. Notwithstanding the users registration with National Do Not Call Registry/ Fully or Partly blocked category under National Customer Preference Register set up under Telecom Regulatory Authority of India (TRAI), the user hereby expresses interest and accords his/her wilful consent to receive communication. The user further confirms that any communication, as mentioned here in above, shall not be construed as Unsolicited Commercial Communication under the TRAI guidelines. To summarise:
Accounts And Security
(a) select or use a Login Name of another person with the intent to impersonate that person; (b) use a name subject to the rights of any other person without authorisation; (c) use a Login Name that Website, in its sole discretion, deems inappropriate or offensive.
You shall notify RTPL of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at RTPL’s sole discretion, and you may be reported to appropriate law-enforcement agencies. Contact us:
Sale of Plans/Products:
This Website offers for sale certain plans/products (the "Products"). By placing an order for Products/plans through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call centre reps or direct RTPL sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations Rabkaps Technologies Pvt. Ltd. and its designated in house or third party call team(s).
Opt Out Procedure:
We provide 3 easy ways to opt out of from future solicitations.
You may use the opt out link found in any email solicitation that you may receive.
You may also choose to opt out, via sending your email address to email@example.com
3. You may send a written remove request to SCO 179 SECTOR 39 D CHANDIGARH 160036. Phone: 0172-5017600
RTPL has proprietary rights and trade secrets in the Products/plans. You may not copy, reproduce, resell or redistribute any content developed by Product manufactured and/or distributed by RTPL. RTPL also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
If you purchase any Products/Plans, you will be responsible for paying any applicable general sales tax as per the law.
Content; Intellectual Property; Third Party Links.
In addition to making Products/Plans available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about everything related to education sector including schools, coaching centres, colleges, universities, courses, admission processes and careers related to them.. RTPL does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that RTPL does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorised use of the material may violate copyright, trademark, and/or other laws.
You acknowledge that your use of the content on this Website is for personal and noncommercial use. Any links to third-party websites are provided solely as a convenience to you. RTPL does not endorse the contents on any such third-party websites. RTPL is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website:
RTPL is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorisation from RTPL or the applicable third party (if third party content is at issue).
By posting, storing, or transmitting any content on the Website, you hereby grant RTPL a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. RTPL does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. RTPL is not liable for any damage or harm resulting from any posts by or interactions between users. RTPL reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content RTPL deems objectionable, in mynextexam’s sole discretion.
DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS OR PLANS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RTPL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS, PLAN OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RTPL MAKES NO WARRANTY.
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE FOR INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS/PLANS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS/PLANS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
RTPL'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
RTPL WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will release, indemnify, defend and hold harmless RTPL, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products/Plans or your use of the Products/Plans (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to RTPL. When RTPL is threatened with suit or sued by a third party, RTPL may seek written assurances from you concerning your promise to indemnify RTPL; your failure to provide such assurances may be considered by RTPL to be a material breach of this Agreement. RTPL will have the right to participate in any defence by you of a third-party claim related to your use of any of the Website content or Products/Plans, with counsel of RTPL choice at its expense. RTPL will reasonably cooperate in any defence by you of a third-party claim at your request and expense. You will have sole responsibility to defend RTPL against any claim, but you must receive RTPL prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
AGREEMENT TO BE BOUND
By using this Website or ordering Products/Plans, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
RTPL will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation.
RTPL may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
This agreement comprises the entire agreement between you and RTPL and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver.
The failure of RTPL to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law and Jurisdiction.
This Website originates from the Chandigarh, India. This Agreement will be governed by the laws of the Union Territory of Chandigarh without regard to its conflict of law principles to the contrary. Neither you nor RTPL will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in Union Territory of Chandigarh. By using this Website or ordering Products/Plans, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights.
BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
RTPL reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and RTPL may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, RTPL reserves the right to exercise whatever means it deems necessary to prevent unauthorised access of the Website. This Agreement will survive indefinitely unless and until RTPL chooses, in its sole discretion and without advance to you, to terminate it.
RTPL makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
You may not assign your rights and obligations under this Agreement to anyone. RTPL may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
AGREEMENT TO BE BOUND
BY USING THIS WEBSITE OR ORDERING PRODUCTS/PLANS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.