Acceptance of this Agreement
By clicking on the 'SIGNUP' option, the participant ("You" or "Your")
agrees
to the
Terms and Conditions, obligations, representations, warranties, and
agreements
contained herein (the "Agreement"). In the event, You are not willing to
accept the
Agreement, You shall not be authorized or allowed to proceed further to
view
or use
in any manner any content, information, courseware, products and
services
("Services") published, available or provided on
www.testprepkart.com
(the "Website"), which is owned, maintained and monitored by CounselKart
Educational
Services Private Limited ("Us", "We" or "Our").
User ID and Password
By entering into this Agreement, You acknowledge and agree that Your
user ID
and
password ("Participant Account") is for Your exclusive use only. Use or
sharing of
Your Participant Account with another user is not permitted and is cause
for
immediate blocking of Your access to the Website, the Services and the
Content, the
Courseware, and termination of this Agreement. By User ID and Password
we
mean
account on
www.testprepkart-operations.com
You agree that You are solely responsible for maintaining the
confidentiality of
Your Participant Account and for all activities that occur under it. You
agree to
immediately notify our
Help and Support Team if You become aware of or
have
reason
to believe that there is any unauthorized use of Your Participant
Account.
You also
agree to take all reasonable steps to stop such unauthorized use and to
cooperate
with Us in any investigation of such unauthorized uses. We shall not
under
any
circumstances be held liable for any claims related to the use or misuse
of
Your
Participant Account due to the activities of any third party outside of
our
control
or due to Your failure to maintain the confidentiality and security of
Your
Participant Account.
Content and Courseware
As a part of our Services offered through our Website, We shall grant
you
access to
our content, courseware, practice tests, and other information,
documents,
and data
which may be in audio, video, written, graphic, recorded, photographic,
or
any
machine-readable format in relation to the specific certification
training
course
You have registered for ("Content and Courseware").
We reserve the right to amend, revise or update the Content and
Courseware
offered
to You. In the event such an amendment, revision or updation occurs, We
may
require
you pay an additional fee to access such amended, revised, or updated
Content and
Courseware.
Users in no way are allowed to distribute or share their User ID /
Password
/
Content in any form. On any such occasion where it is found that this
term
is
violated, User account will be held for suspension without notice.
Free Access
The selected courses of free access (hereinafter the “Courses”) are
brought
to you
by CounselKart Educational Services Pvt. Ltd. (“TestprepKart”). Your
access
to the
said Courses is limited to the extent of self-learning videos and course
resources
only. Nothing herein shall at any time be construed to mean unhindered
or
unconditional access to all the features of the said Courses, as may be
available
upon purchase of the respective Courses.
Your free access to these courses shall be limited to such respective
number
of
days, as may be notified against each Course on the date of your
enrollment,
and
shall be revoked at the instance of expiry of the respective number of
days.
However, TestprepKart at its sole option reserves the right to revoke or
extend your
free access to all contents made available to you at any early instance
under the
free access without any notice or liability.
Upon your enrollment to these free / paid courses, no license is deemed
to
be
granted to you for further sale or to utilize the materials for any
reuse,
reproduction, re-publication for commercial/non-commercial purposes.
All materials provided to you under the access are copyright products of
TestprepKart or its partners. Any violation of laws herein, or
otherwise,
shall make
you liable to the maximum extent available under law.
The above terms shall be read along with TestprepKart’s
Terms of
Use
and in the
event of any conflicts, the ones stated here shall prevail, but to the
extent of the
said free access Courses only.
TestprepKart reserves all other rights, ‘ingress’ & ‘egress’ with
respect to
the
access, and may extend or forfeit the tenure of this offer at any time.
Usage of the Website and Services
We grant you a personal, restricted, non-transferable, non-exclusive,
and
revocable
license to use the Website, the Services, and the Content and Courseware
offered
through the Website till the time the completion of the certification
training
course that You have enrolled for or the termination of this Agreement
according to
the Terms and Conditions set forth herein, whichever is earlier. The
Services and
the Content and Courseware are provided solely for Your personal and
non-commercial
use to assist you in completing the certification training course You
have
registered for ("Restricted Purpose").
You are permitted online access to the Website, the Services, and the
Content and
Courseware and may download, save, or print the Content and Courseware
solely for
the Restricted Purpose.
You are not permitted to reproduce, transmit, distribute, sub-license,
broadcast,
disseminate, or prepare derivative works of the Content and Courseware,
or
any part
thereof, in any manner or through any communication channels or means,
for
any
purpose other than the Restricted Purpose, without Our prior written
consent.
Intellectual Property Rights
While You are granted a limited and non-exclusive right to use the
Website,
the
Services, and the Content and Courseware for the Restricted Purpose as
set
forth in
this Agreement, You acknowledge and agree that We are the sole and
exclusive
owner
of the Website, the Services and the Content and Courseware and as such
are
vested
with all Intellectual Property Rights and other proprietary rights in
the
Website,
the Services, and the Content and Courseware.
You acknowledge and agree that this Agreement other than permitting You
to
use the
Website, the Services, and the Content and Courseware for the Restricted
Purpose
does not convey to You in any manner or form any right, title or
interest of
a
proprietary, or any other nature in the Website, the Services, and the
Content and
Courseware.
Usage of Personal Information of Participants
We reserve the right to feature Your picture in any photos, videos, or
other
promotional material used by Us. Further, We may use Your personal
information to
inform You about other certification training courses offered by Us.
However, We
shall not distribute or share Your personal information with any third
party
marketing database or disclose Your personal information to any third
party
except
on a case-to-case basis after proper verification of such third party or
if
required
under any applicable law.
Further, I / We, hereby give our free consent to the institute for using
the
result,
photograph & testimonials of the undersigned student, in any form, for
its
growth
strategies and developmental plans, if the undersigned student, succeeds
in
any of
the competitive examinations through coaching and academic support from
TestprepKart
at any point of time during the Academic Session, and will never have
any
objection
for it.
Limitation of Liability
You expressly agree that use of the Website, the Services, and the
Content
and
Courseware are at Your sole risk. We do not warrant that the Website or
the
Services
or access to the Content and Courseware will be uninterrupted or error
free;
nor is
there any warranty as to the results that may be obtained from the use
of
the
Website, the Services or the Content and Courseware or as to the
accuracy or
reliability of any information provided through the Website, the
Services,
or the
Content and Courseware. In no event will We or any person or entity
involved
in
creating, producing, or distributing the Website, the Services, or the
Content and
Courseware be liable for any direct, indirect, incidental, special, or
consequential
damages arising out of the use of or inability to use the Website, the
Services, or
the Content and Courseware.
The disclaimer of liability contained in this clause applies to any and
all
damages
or injury caused by any failure of performance, error, omission,
interruption,
deletion, defect, delay in operation or transmission, computer virus,
communication
line failure, theft or destruction or unauthorized access to, alteration
of,
or use
of records or any other material, whether for breach of contract,
negligence, or
under any other cause of action.
You hereby specifically acknowledge that We are not liable for any
defamatory,
offensive, wrongful, or illegal conduct of third parties, or other users
of
the
Website, the Services or the Content and Courseware and that the risk of
damage or
injury from the foregoing rests entirely with each user.
You agree that Our liability or the liability of Our affiliates,
directors,
officers, employees, agents, and licensors, if any, arising out of any
kind
of legal
claim (whether in contract, tort or otherwise) in any way connected with
the
Services or the Content and Courseware shall not exceed the fee you paid
to
Us for
the particular certification training course.
Term and Termination
This Agreement will become effective upon Your acceptance of the terms
of
this
Agreement by Your clicking on the "I ACCEPT" button and, subject to the
terms and
conditions of this Agreement, will remain in effect till You maintain a
current,
fully paid up online Participant Account, or until terminated by Us,
whichever is
earlier.
We reserve the right to terminate this Agreement and block Your access
to
the
Content and Courseware with immediate effect by sending a written notice
through
email to You to this effect ("Immediate Termination Date"), if such
termination is
made as a result of Your misrepresentation, default, misconduct, or
breach
of Your
obligations related to or under this Agreement ("Event of Default"). On
the
occurrence of any Event of Default, We shall be authorized to exercise
all
the
rights and remedies under this Agreement or applicable Law or available
in
equity to
seek indemnification for any Loss or Claim resulting from any such Event
of
Default.
I/We understood that non payment of any instalment will terminate /
block my
account
from access until the fee is paid. Account will be blocked after (7)
days
from the
due payment date. Account will be permanently locked and unrecoverable
after
(14)
days from the due date. In case of "Permanent Locked" account, no
previous
data can
be restored like - Study Material, Past Classes, Test Results etc.
I/We understood that sharing personal information like - Email, Address,
Contact
Number with faculty or other student(s) at TestprepKart can block my
account
and in
severe cases can "Terminate / Permanent Locked" my account also.
I/We understood that I will behave properly with other student(s) and
faculty(s)
during the session. No misconduct, offensive languages, slangs are
allowed
with any
participant during the session. TestprepKart decision will be final in
such
scenario.
The provisions of clause 4.3, clause 7.2, clause 8 and clause 11 of this
Agreement
shall survive the termination of this Agreement.
Indemnity
You agree to indemnify and hold Us, Our contractors, licensors,
directors,
officers,
employees, and agents, harmless from and against any and all claims,
losses,
damages, liabilities, and expenses including attorneys' fees, arising
out of
Your
unauthorized use of the Website, the Services, and the Content and
Courseware or any
violation or breach of this Agreement or any provisions hereof.
Fee Refund Policy
TestprepKart reserves the right to refuse/cancel any transaction.
TestprepKart at
its sole discretion may cancel any order(s):
- If it suspects a fraudulent transaction, or any action with
malicious intent
against our institution
- If it suspects a customer has undertaken a transaction which is
not
in
accordance with the Terms of Use
- For any reason outside the control of the TestprepKart including
causes for
delivery related logistical difficulties
You as a Parent/Student have also understood and agree to below
mentioned
points.
- I/We undertake that the information / details furnished / given
by
me/us by
the counselor are correct and if any discrepancy is found in the
said
details / information, at any stage of my association with
TestprepKart,
TestprepKart may take any legal action against me/us which
TestprepKart may
deem fit including but not limited to my (student) expulsion
from
the
institute and I/We shall not be entitled for any refund of fees
/
claim /
compensation / damages etc.
- I/We understood that in an event of Third Party Financing - Bank
Loan /
Credit Agency Loan etc. TestprepKart is not a party between the
Parent(s)
and Bank or Credit Agency for any matter. I/We as a Parent(s)
undertake the
complete responsibility of all our transaction with Bank or
Credit
Agency.
- I/We undertake that I/We shall furnish / submit / complete the
any
remaining
required documents and formalities by at least two days prior to
commencement of course program. However if I fail to do so,
TestprepKart may
not allow me to attend the classes, unless otherwise allowed by
TestprepKart
in writing. I/We further undertake that I/We shall not claim any
refund of
fees/ cost of study material etc. already paid on ground of
inability to
furnish/complete documents / formalities.
- I undertake that if I leave the institute midway before
completing
the full
course for any reason whatsoever, including but not limited to
transfer of
my Father / Mother / Legal Guardian / ill health of myself or
any
other
member of the family or my admission in any institute / course /
engineering
college etc., or my studentship is cancelled because of
misconduct
etc., I
or my Father / Mother / Legal Guardian shall not be entitled for
refund of
fees.
- I/We undertake that once I (student) join the online classes /
program
offered by TestprepKart, I/We shall not be entitled to change
the
class
schedule / timings / program nor will I be entitled to refund of
fees.
However, if TestprepKart finds me competent/ eligible for the
higher
course
/ program, it may consider my request for change of program
subject
to
payment of difference of course / program fee.
- In addition to the above, I understand without any ambiguity
that
the fee
once paid is not refundable at all, whatever the reasons be, nor
is
it
adjustable towards any other existing courses at TestprepKart or
any
yet to
be launched nor towards the fee of any other existing or
prospective
student.
- I/We undertake and acknowledge that incase I/We indulge in any
kind
of
litigation with TestprepKart, I/We shall not be entitled for any
Awards /
Rewards / Scholarships / Benefits etc. from TestprepKart and
shall
refund /
return such Awards / Rewards / Scholarships / Benefits etc. If
availed by
the student, within a period of 15 days, failing which
TestprepKart
shall be
entitled to recover the same through the appropriate court /
forum
along
with interest, damages and cost of litigation.
- I/We understood that my account will freeze and classes will
stop
after 7
days of non payment of installment amount from the due date.
- I/We understood that my faculties can change during the course
due
to change
in contracts or for any other reason. Change in Faculty, Session
Timings
cannot be treated as a base of fee refund. I/We understand that
Faculty /
Session Timings will be reinstated only when possible.
- I/We understood that my Books / Course Material (Hard Copy) will
be
sent
using third party logistics within India or abroad. There can be
potential
delay / additional cost / package lost etc. In such scenario
I/We
will
coordinate locally to track the package. In an event of Package
Return from
the destination, I/We are liable to pay "Return Fee" to
TestprepKart.
Students fee can be refunded only in following below conditions.
- Fee will be refunded to the parent(s) if the course does not
start
after the
lapse of 15 days from the committed start date as per the email.
- Fee will be refunded to parent(s) in case of the classes /
course
ends
midway. The balance amount is eligible to be refunded after
reducing
the
study material cost.
Waiver
Neither failure nor delay on the part of any party to exercise any
right,
remedy,
power, or privilege hereunder shall operate as a waiver thereof, or of
the
exercise
of any other right, remedy, power, or privilege. No term of this
Agreement
shall be
deemed waived, and no breach consented to, unless such waiver or consent
shall be in
writing and signed by the party claimed to have waived or consented. No
waiver of
any rights or consent to any breaches shall constitute a waiver of any
other
rights
or consent to any other breach.
Severability
In the event any provision of this Agreement is held invalid or
unenforceable under
the applicable laws of India, the remaining provisions shall continue in
full force
and effect, and the Agreement shall be deemed to be reformed by
replacing
such
invalidated or unenforceable provision with a valid and enforceable
provision that
gives effect as closely as possible to the intentions of the parties as
expressed by
the invalidated or unenforceable provision.
Governing Law and Jurisdiction
For all Participants in India and rest of the world., this Agreement
shall
be
governed by and construed in accordance with the Laws of India and the
courts in
Noida - Uttar Pradesh, India shall have the exclusive jurisdiction over
any
matter
relating to, in connection with, or arising out of, this Agreement.
Amendment and Assignment
We reserve the right to unilaterally amend or modify this Agreement
without
giving
any prior notification to You. We shall however publish the revised
agreement on the
Website so that You are aware of the revisions, modifications and
amendments
made by
Us to this Agreement. You acknowledge and agree that it is Your
responsibility to
check the Website periodically for any revisions, modifications, and
amendments.
Your continued use of or access to the Website, the Services, and the
Content and
Courseware following the posting of any changes to this Agreement shall
constitute
acceptance of those changes.
You are not permitted to assign this Agreement or the rights and
obligations
mentioned in this Agreement to any third party and You only shall be
held
liable for
any breach of this Agreement or any terms and conditions hereof.
Entire Agreement
This Agreement, along with the Privacy Policy, Refund Policy,
Rescheduling
Policy,
Terms of Use, and any additional guidelines, rules, and/or disclaimers
posted on the
Website constitutes the entire agreement governing Your use of our
Website
and
supersedes any prior agreements, if any, relating to any matter dealt
within
this
Agreement.
Payment Type
As TestprepKart (CounselKart Educational Services) provides online educational services globally to NRI students,
payments are expected to be made through NRE Accounts, Foreign Currency Accounts, or equivalent mechanisms. Accordingly,
GST is not levied on payments received through Indian accounts or NRO accounts.
It is the responsibility of the parent or payer to notify the TestprepKart team if payment is made via an Indian account or NRO account.
In such instances, a GST tax of 18% will be applied to the services provided by TestprepKart. A separate invoice and receipt incorporating
the GST component will be issued to the payer.
Unless explicitly specified, TestprepKart will assume that payments are made through NRE Accounts, Foreign Currency Accounts, or equivalent mechanisms.
