Terms And Conditions
These Terms and Conditions ("Terms") governing Your use of Assessfy ("Our", "We", "Us" or "Assessfy") Education ecommerce platform www.assessfy.com, its mobile applications or Services including without limitation to information about conduction of examination at a scale and the other offerings ("hereinafter collectively referred to as "Services") which shall be binding upon, You, Your legal entity You represent, and the legal entity that registered You, (Collectively referred to as "You") and You agree and acknowledge the same. By using our Services, you agree to be bound by these Terms, including the Privacy Policy and Refund policy referenced in these Terms. The Terms are setforth herein as follows:
1. General You agree, understand and acknowledge that Assessfy is an online education ecommerce service provider and owner of proprietary ecommerce platform by name of www.assessfy.com ("Assessfy's Platform"), providing an platform to conduct online examinations at a scale by using its services online via the internet.
Assessfy Exam is only an Online Testing and Assessment Solution for the Education Providers and the learners/Users. It is hereby expressly clarified that Education Providers are not hired or employed by Assessfy and such Education Providers are Third Party and that we are not in any manner responsible or liable for any comAssessfycations or interactions involved between the Education Providers and the learners/Users who opt to conduct Testing/Examination or Assessments through the Services. The Users understand, agree and acknowledge that under no event We shall be liable for claims, losses, damage or injuries, of any kind of whatsoever nature that might arise out of or relate to conduct of Education Providers or learners/ Users, including, but not limited to, any learners/User's dependence upon any information provided by an Education Providers, or contents of Educational Programs or courses, course material or any other issues dealing with the certificates of genuineness, validity, truthfulness, reliability, or accuracy of such Educational Programs or its course contents and the You shall hold Assessfy harmless and keep Assessfy fully indemnified at all times in this regards.
It is further agreed and acknowledged by You may be able to access links to third party platforms ("Third Party Platforms"), either directly or through Courses or Education Providers by use or access of our Services. Assessfy does not have any control on any of these Third Party Platforms in any manner and Assessfy makes no representations or warranties regarding and does not endorse any of these Third Party Platforms or any information or content appearing on Third Party Platforms. Accordingly, Assessfy does not assume any liability associated with Third Party Platforms. You should ensure and take appropriate and necessary steps You feel to protect Your personal information and privacy before You proceed on such Third Party Platforms.
We shall have unfettered rights to change, modify or delete, update or make additions or changes to the Terms from time to time in view of changing and improving our services at our sole discretion which shall be binding upon the Users. Assessfy shall have the right to at any time to modify or suspend, stop or discontinue their availability of Services at its sole discretion without being liable to pay the Users any costs, damages, claims or demands of any nature whatsoever. You should ensure to visit the Assessfy's website regularly to be updated of the latest/revised Terms. You further agree that any revised Terms shall supersede all previous Terms and You shall deemed to have accepted those changes after Your continued use of Our Services. Any personal information submitted in connection with Your use of the Services is subject to Our Privacy Policy as may be decided solely by Assessfy. You agree and acknowledge Our Privacy Policy.
2. Users Eligibility-Use of this Assessfy's Website, either by registration or by any other means, is available as per the provisions of Indian Contract Act,1872, and or are not barred by any law for the time being in force.
3. Violations by Users You agree that in the event your posting or Your information and/or or Your use of Our Services violates any provision of these Terms or any applicable laws, We shall have the right to terminate and or suspend Your Services of the Assessfy's Website and refuse to provide You access to the Assessfy's Website. We shall have unfettered rights to change, modify or delete, update or make additions or changes to the Terms from time to time in view of changing and improving our services at our sole discretion which shall be binding upon the Users. Assessfy shall have the right to at any time to modify or suspend, stop or discontinue their availability of Services at its sole discretion without being liable to pay the Users any costs, damages, claims or demands of any nature whatsoever. You should ensure to visit the Assessfy's website regularly to be updated of the latest/revised Terms. You further agree that any revised Terms shall supersede all previous Terms and You shall deemed to have accepted those changes after Your continued use of Our Services. Any personal information submitted in connection with Your use of the Services is subject to Our Privacy Policy as may be decided solely by Assessfy. You agree and acknowledge Our Privacy Policy.
4. The Users represents and warrants to Assessfy that:
1. You will be solely responsible for the Your information and your information shall not be false, misleading, fraudulent or infringing the intellectual property rights, trade secret or other proprietary rights of the third parties or rights of publicity or privacy or in violation of any applicable laws. The Users agree and acknowledge that the Users shall be solely responsible for the compliance of applicable laws, accuracy, truthfulness in relation to such content, post or uploaded or submitted material and shall keep Assessfy fully indemnified in this regard.
2. You will not post or upload otherwise transmit any unsolicited or unauthorized marketing, promotional materials, chain letters, spam, junk mails, or any other form of solicitation (commercial or otherwise) through the Services.
3. Any information or post or content provided by You shall not be objectionable nature, offensive, racist, inappropriate, pornographic, false, misleading, incorrect, infringing, defamatory or libelous.
4. You agree and acknowledge the fees payable by You for the services offered by Assessfy for An Online Testing and Assessment Solution notified on Assessfy's Website from time to time.
5. You will not reverse engineer, modify, copy, distribute, copy, reproduce, distribute, publicly display, publicly perform, comAssessfycate to the public, create derivative works from, mutilate, hack, interfere, tarnish, deface interfere with, or otherwise use or exploit Assessfy's Content or the Services in relation to the Services except as permitted by these Terms.
6. You will not frame or embed the Services to circumvent the Services.
7. Gaining unauthorized access to another person's account or impersonating another person is strictly prohibited and you shall not do such activities for access of our Services.
7. You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecomAssessfycations equipment, or any other aspect of the Services or operation thereof.
8. You shall not use and access the Services in an unlawful manner and shall be solely liable for any inappropriate, fraudulent or misleading use of the Services, or any use which may expose Assessfy to civil or criminal liability. In case such liability arises, You shall be solely responsible for the same and keep Assessfy fully indemnified in this regard.
9. You shall not gain unauthorized access to any Service on this Assessfy's website, other Users' Account, Computer systems or networks connected to this Assessfy website through hacking, password mining or any other means.
10. You shall not gain unauthorized access to any Service on this Assessfy's website, other Users' Account, Computer systems or networks connected to this Assessfy website through hacking, password mining or any other means.
11. You are solely liable for the knowledge of and compliance to any and all laws, rules, and regulations as may be applicable from time to time in relation to the use and access of the Services by You.
5. Registration:
You will have to enroll and get registered for use of Our Services and we shall provide You with an account, login details and password for Your access and use of Services. You will submit to Us your relevant details and information required by Us for completion of enrolment and registration process. You represent and warrant to provide Us with your correct information. You shall disclose any information pertaining to Your account and password to third parties and You shall be entirely responsible for maintain the secrecy and keeping your account information, user id, password provided to You by Us in strictest confidence and We shall not be liable in any manner in the event of any disclosure (inadvertent or otherwise) of the account detail, user id or password of the User. Your information in relation to Your account with Us. You shall forthwith cease to use Your Account upon the end of each use of the Services. You may not transfer Your Account is non-transferable and You shall not any use or access any other Users account without the account holder's prior express written consent. You shall be solely liable for the conduct of the learner and/or learners use and access of the Services and misuse of the learners, including a minor.
6. Content, Licenses & Permissions:
Content shall include without limitation all designs, materials, technology, software, information, electronic art, animations, graphics, illustrations images, photos, ideas, links, text, artwork, software, technology, designs, materials, information, comAssessfycations, text, reviews, graphics, links, electronic art, animations, illustrations, artwork, video recording/clips, audio recording/clips, photos, or content audio clips, and other data or copyrightable materials or content (hereinafter referred to as the "Content"). Users may be provided with the Content including but not limited to the software, products and mUi's Website by Assessfy in connection with the Services, is ("Assessfy's Content"). Users may also submit, upload or post content provided by Users ("hereinafter referred to as "User Content"). Each person or entity shall remain the owner of the Content provided or submitted by it (or their affiliated and/or third party providers and suppliers) and shall be responsible to comply with all the applicable laws including law relating to intellectual property rights. No review or posting or appearance of Users Content on the Services or through the Services is intended to act as an endorsement or representation that any User Content is free for violation of any applicable laws or is inaccurate or possess risk to any third parties. You hereby represent and warrant that You have all permission, licenses, rights and consents required to grant the rights set forth in these Terms to Assessfy with respect to User Content and that Assessfy is therefore entitled to use or exploit Your User Content as authorized in these Terms without payment of any cost or charges to Users or third parties.
Assessfy hereby grants You (as a User) a limited, non-exclusive, non-transferable license to access and use Assessfy Content, for which You have paid all required fees, solely for Your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with particular Courses or Services All other uses are expressly prohibited absent our prior express written consent. You shall not modify, reproduce, copy or redistribute, transmit, assign, sell, broadcast, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any User Content or Assessfy's Content in any manner whatsoever.
Notwithstanding the foregoing, We reserve the right to revoke this license to access and use User Content and Assessfy Content granted to You as described above at any time at our sole discretion, as further detailed in section 14 below.
Assessfy WILL NOT TOLERATE VIOLATON OF LAWS NOT LIMITED TO COPYRIGHT, PRIVACY, DEFAMATION AND OTHER LAWS RELATING TO CONTENT AND INFORMATION. NOTWITHSTANDING THE FOREGOING, ALL USE OF THE USER CONTENT BY YOU IS ENTIRELY AT YOUR RISK AND Assessfy DOES NOT VERIFY, SCREEN THE USER CONTENT AND ALL USE OF THE USER CONTENT BY YOU IS AT YOUR OWN RISK AND Assessfy SHALL HAVE NO LIABILITY FOR SUCH USE. WE DO NOT ENDORSE IN ANY MANNER USER CONTENT.
All rights not expressly granted in these Terms are retained by the Content owners and these Terms do not grant any implied licenses.
7. Payment Mechanism & Taxes:
You agree to pay Fees if you choose to purchase the products or services of an Online Testing and Assessment Solution and you shall be solely liable for payment of Fees including without limitation for all taxes, levies, or other statutory charges or other charges of whatsoever nature as may be applicable in relation to such purchase of products or services of Education providers and also for use and access of such products or Services using Assessfy platform . You hereby indemnify and hold Assessfy harmless against any and all claims by any tax authorities or any other local, central, government or statutory authorities in relation to payment of taxes or any other charges, cess, duties, levies and any penalties and/or interest thereon in respect of Your purchase of such products or services of Education Providers.
You authorize Us, as the case may be for the collection of payments of applicable charges directly to us on Our Website or on the website of third party service providers or Education Providers linked to Our Website. You will comply with laws relating to copyright and other intellectual property use, and to privacy and personal identity including without limitation all the applicable laws and rules and regulations for your use and access and other activities in relating to the Services. You represent that You are accessing this Assessfy's Website from a territory or jurisdiction wherein it is lawful to access and use this Assessfy's Website and contents contained therein and You shall be solely responsible to comply with the applicable local laws and rules including without limitation laws relating to privacy, e-mail, data or internet, data, e-mail or any such other applicable laws in force.
You represent and warrant that for the purpose of payments, You authorize Us to supply with credit card/debit card information for processing the payment transactions. We shall not be liable in any manner whatsoever on account of misuse of Your password, information, debit or credit card number, bank account details etc. and You shall keep Us fully indemnified in this regard.
You are solely responsible for all service, data, telephone /mobile charges and/or other fees and costs associated with Your access to and use of the Services, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
You grant us right to collect fees owed using any other collection process in case of failure of existing payment method chosen by You. We may also block Your access to any Services pending resolution of any amounts due by You to Assessfy.
8. Warranty Disclaimer:
The access to and use of the Services including without limitation Content, User Content, Assessfy's Content, Courses and any other material made available on or through the use of the Services is provided on an "as is" basis, and any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights are hereby disclaimed to the full extent permitted by applicable law by Assessfy. YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED ON ANY THIRD PARTY PLATFORM, ARE ENTIRELY AT YOUR OWN RISK.
9. Disclaimer of Damages:
The Users understand, agree and acknowledge that Assessfy shall under no circumstances be liable or responsible for any loss, injury or damage to the Users and/or Education Providers, or any other party whomsoever, arising on account of and in relation to the Services or as a result of the Educational Program(s) being in any way deficient, defective, in unfit condition, infringing/violating any laws/ regulations/ Intellectual Property Rights of Users, Education Providers or any third party. The Users hereby agrees, confirms and acknowledges that the Educational Programs are owned by the Education Providers and that Assessfy is merely a facilitator for sale of the Educational Program(s) belonging to the Education Providers and hence, Assessfy is not responsible/ liable for the Educational Program(s), its syllabus, course content, structure, its function and condition and selling and financial obligations, Intellectual Property Rights related thereto or those displayed, whatsoever. Under no circumstances shall Assessfy be liable for any damages or losses including, but not limited to, any consequential, indirect, special, punitive or incidental damages or loss of profits, whether foreseeable or unforeseeable, based on claims of the Users or Education Providers or any third party or Assessfy arising out of the Services. This clause shall survive expiry or earlier termination of these Terms.
10. Intellectual Property Rights:
All Intellectual Property rights in and title to the Website, Assessfy's Content, software, the trade mark and brand name, or such other service mark or logo, owned exclusively by Assessfy and any other software used in the provision of the Services, shall remain with Assessfy. It is expressly understood by the Users that this arrangement/transaction does not and shall not transfer any ownership or proprietary interest in any portion of the Services provided pursuant to this Terms.
11. Unavailability of Services:
Assessfy shall not be responsible for any system outages, downtime or any delay or unavailability of the Services, loss of materials, data, transactions or other data of whatsoever nature on its Website or on Third Party Platforms.
12. Indemnification:
You shall, at its own cost and expense agree and acknowledge to indemnify and hold the Assessfy, its directors, employees, officers, affiliates and agents (collectively "Indemnified Persons") harmless and keep the Indemnified Persons at all times fully indemnified from and against any and all losses, liabilities, claims, actions, costs and expenses, including reasonable attorneys' payments and court costs (collectively "Claims"), relating to, resulting from or in any way arising from (i) breach of any of its representations, warranties or obligations contained herein or in any other document issued by the Users or Education Providers;(ii) any claim, suit or proceeding brought against Assessfy alleging (iii) any defects or deficiency in the quality, quantity, standards or the nature of the business; (iv); fraud or fraudulent misrepresentation by the Users;(v) breach of any applicable laws or laws of any other foreign jurisdiction by the Users. (vi) suspension or cancellation of the Educational Program(s) by Assessfy and/or the Educational Providers for any reason whatsoever. This indemnity clause shall survive termination.
13. Termination:
Assessfy at its sole discretion reserves the right to terminate, suspend, modify, or delete or discontinue, stop its Services or use or access to the Users as it may deem fit and the same will be final and binding upon the Users.