TERMS OF USE
WITH EFFECT FROM 1st April, 2024
PLEASE READ THESE TERMS OF USE CAREFULLY.
BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE BELOW TERMS AND CONDITIONS AND THE PRIVACY POLICY
This website (www.examic.in) under the name and style “Examic EdTech” (the “Website”) is owned, operated and made available by Examic EdTech Private Limited, with its office at No. 2963, Ground Floor, Gokulam Main Road, Vani Vilas Mohalla, Mysore, Mysuru, Karnataka, India, 570002 (hereinafter, referred to as “Examic”, “we”, “us” and/or “our”, each of which term shall include our assignees and/or successors-in-interest).
This is a legal agreement between you (the person viewing, using or accessing the Website and hereinafter, referred to as “you”, or “User” as per the context) and us.
Please read these terms of use (“Terms”) and the Privacy Policy (as defined below) carefully before using the Website and availing any of our Services (as defined below) through the Website.
Examic, through the Website and any sub-domains and services, features, content or widgets available on the Website, provides users (as defined below) (i) Test & Assessment services (“Exam”) , (“Test”) or (“Assessment”) (ii) Skilling, Upskilling and Re-Skilling with training courses (“Courses”), (iii) a pre-recruitment assessment test (“Assessment Test”) to assess their capability and facilitates job interviews for the Candidates with with our clients (“Clients”); (iv) offers Candidates (a) who fail to perform well in the Assessment Test or (b) have not cleared the interview /secured an employment offer from any of our Clients, training and upskilling courses (“Courses”). All products (“Product(s)”) and services (“Service(s)”) are provided for a subscription fee (“Fee”). The scope of the Services are further detailed under paragraph 3 of these Terms.
1. APPLICABILITY AND AMENDMENT OF TERMS
1.1 These Terms and the privacy policy available at https://www.examic.in/privacy-policy (“Privacy Policy”) are applicable to your usage of the Website. We request you to go through these Terms and the Privacy Policy carefully before you decide to access this Website and/or use/avail the Services. These Terms, the Privacy Policy and the Payment Terms (as defined below) (together “Agreement”) apply to your use of the Website and together constitute a legal agreement between you and Examic in connection with your access to the Website and the use of the Services. Your use of the Website or the Services signifies your acceptance of the Agreement and your consent to be legally bound by the same. If you do not agree to be bound by the terms of the Agreement, you should not access or otherwise use the Website.
1.2 We reserve the right to modify any portion of the Website and/or the Services or amend the Terms, and the Privacy Policy for reason, subject to providing notice to you and your continued usage of the Website and/or the Services will be deemed as your acceptance to such amendment. To make sure you are aware of any such changes, please review these Terms, and the Privacy periodically.
2.ACCESS AND REGISTRATION
2.1 You can obtain information about Examic, its Services and the Clients through the Website.
2.2 You are granted the right to access and use the Website and the Services strictly for your personal use, as outlined in these Terms and you may not make any commercial use of the Website or its Services.
2.3 Registration: In order to avail the Services, you will have to register on the Website and become a registered user. At the time registration, you will have to provide certain personal information such as your name, age, contact details, e-mail, address and other information as may be required for provision of the Services. Any personal information and other information provided by you will be dealt with in accordance with our Privacy Policy. Once you have submitted all the relevant information, an exclusive and password will be created for you to access the Website and avail the Services. Please note that registration is a one-time process and if you have previously registered on the Website, you may login into your account using the same credentials as provided by during the registration process.
2.4 Receiving SMS/ E-mails: You acknowledge and agree that once you provide us with your information on or through the Website, may receive SMS, Whatsapp messages or e-mails with respect to the Website, Services and promotions that are undertaken Examic in relation to the Services on your registered mobile number/e-mail. You may unsubscribe /opt-out from receiving communications from Examic at any time by following the procedure set forth in the Website.
2.5 We reserve the right to refuse your access to the Website and/or Services and remove or edit Content (defined below) as per Terms.
2.6 We will use reasonable efforts to make the Website error-free. Your access to the Website may be suspended or restricted occasionally to allow for repairs, maintenance, or for the introduction of new facilities or services.
3. SERVICES
3.1 Your access to the Services will be subject to these Terms. We reserve the right to accept or reject your access in part or in full, with or without any reason whatsoever.
3.2 As part of the Services, Examic will provide the following;
3.2.1 To conduct Tests, Examinations and Assessments;
3.2.2 Skilling, Upskilling and Reskilling;
3.2.3 To identify suitable Candidates for placement/employment opportunities available with the Clients;
3.2.4 To source Candidates from educational institutions, other organisations or from campaigns;
3.2.5 To search for suitable opportunities for Candidates based on their skills and capabilities;
3.2.6 To secure interviews and provide placement support to the Candidates to the extent possible;
3.2.7 To provide Courses to Candidates that may help them in their employment journey;
3.2.8 To identify gaps in Candidates who do not clear the assessment or Candidates who have not achieved the desired result from the employing organisation; 3.2.9 To intimate Candidates about the fees with respect to any courses;
3.2.10 To screen Candidates for employing organisations;
3.2.11 To provide internship programs to Candidates who cannot secure a placement;
3.2.12 To provide end to end management of exam services to the examiners/assessment providers during the stages of pre-examination, during examination, and post-examination of Candidates;
3.2.13 To provide exam process automation services to Candidates, Examiners and but not limited to Exam Conducting Bodies or organisations, as applicable, such as automating examination fee payment, examination scheduling, seating arrangements, attendance monitoring, external evaluation, uploading examination marks and preparation of mark sheets
3.2.14 To allow Candidates to submit answer scripts online which shall be subject to digital evaluation by Examic;
3.2.15 To allow Candidates to participate in online contests and examinations conducted by Examic;
3.2.16 To identify and reach you;
3.2.17 To help provide you the platform, products and Services;
3.2.18 Provide you with further information, programs and newsletters related to the Services;
3.2.19 To enable third parties to provide you their products and services, which you choose to access through the Website;
3.2.20 To observe, improve and administer the quality of Service;
3.2.21 To analyze how the Website is used and/or diagnose and resolve technical problems;
3.2.22 Remember the basic information provided by you for effective access to the Website;
3.2.23 To confirm your identity in order to determine your eligibility to use the Website and avail the Services;
3.2.24 To notify you about any changes to the Website;
3.2.25 To enhance the operation of the Website;
3.2.26 To personalize your experience and customize the Service experience;
3.2.27 To enable Examic to comply with its legal and regulatory obligations;
3.2.28 For the purpose of sending administrative notices and Service-related alerts and similar communication, as detailed under this Privacy Policy, with a view to optimizing the efficiency of the Website;
3.2.29 To do internal research on our Users’ demographics, interests, and behavior to better understand, protect and serve our Users;
3.2.30 Allow us to better service you in responding to your customer service requests;
3.2.31 Administer a contest, promotion, survey or other site features;
3.2.32 Doing market research, troubleshooting, protection against error, project planning, fraud and other criminal activity; and
3.2.33 To enforce Examic’s Terms of Use as may be applicable in connection with the Website and Services.
3.3 Payment: Candidates interested in availing the product or services will be intimated about the details of the Fees payable to us and will be sent a payment link for making the payment of Fees. Upon completion of the Fee payment by the Candidate, we will issue an invoice and provide a login id and password to access the product or service. The terms and conditions governing payment of the Fees (“Payment Terms”) will be shared with the Candidates vide a weblink, for recording their agreement to such terms, prior to them making the payment. Upon receipt of the Fees, Examic will inform provision the product and services for the Candidate and intimate the candidate of the same.
4. CALL RECORDING
Examic reserves the right to record any telephonic conversations between you and Examic or its affiliates and its or their directors, consultants, employees, agents, partners, third party service providers, licensors or content providers (including customer support, customer experience executives and other executives). You hereby consent to Examic recording all telephonic conversations with you. All telephonic conversations specified above may also be recorded for audit purposes, internal training, and quality control purposes.
5. WEBSITE CONTENT
5.1 The Website allows you to access and view various content including newsletters, blogposts, videos, audio, podcasts, graphicsphotos, information, text (such as journals, comments and scripts), the Assessment Test, the Courses, and information regarding Clients (collectively, “Content”).
5.2 We grant you a limited, non-exclusive, non-sublicensable, non-transferable and revocable license to access and make personal use the Content on the Website. All Content on the Website are and continue to be Examic’s exclusive intellectual property. Further, trademarks, services marks, trade names and trade secrets in relation to the Website, the Products and the Services, whether or displayed on the Website, are proprietary to Examic. No Content from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our prior written permission. Any unauthorised use of the Content shall automatically terminate the permission or license granted by us as per these Terms.
5.3 You agree and acknowledge that while using the Website and availing our Products and Services including the Courses, you may involved in the transmission of certain personal information and other information such as browsing data. Any personal and other information shall be dealt with in accordance with our Privacy Policy.
6.INTELLECTUAL PROPERTY RIGHT
All trademarks, information, Content, marks, texts, video, software and material on the Website and Services are the intellectual property of the Company. You will not download, distribute, sell, lease, modify, copy, reproduce, or otherwise provide access whether in whole or part, the aforementioned intellectual property of the Company, except with our prior written consent. You undertake to use the Services and the Company’s intellectual property only for the purposes specified in these Terms. We may also make available through the Services certain Content which is owned by our third-party licensors, and you agree and acknowledge that such Content will be governed by the terms of usage of such third-party licensors.
7. REPRESENTATIONS AND WARRANTIES BY THE USERS
7.1 By using the Website, you represent and warrant that:
7.1.1 You are 18 (eighteen) years of age or older and that your use of the Website will not violate any applicable law or regulation; and
7.1.2 All information provided by you on the Website is true, factual, accurate and complete, and you agree to maintain the accuracy of such information.
7.1.3 You have fully read these Terms and the Privacy Policy and consent to them;
7.1.4 You will not use the Products and Services, Website or the Courses for any unlawful purposes, to publicise any illegal content or in furtherance of illegal activities;
7.1.5 Will not infringe or misappropriate the intellectual property rights of any third party;
7.1.6 Will not interfere with, disrupt, or attack any service or network;
7.1.7 Will not create, distribute, or enable any material which is – or which facilitates or operates in conjunction with – malware, spyware, adware, or other malicious programs or code; and
7.1.8 You will not disclose any personal information of any third party to us.
8. CONDITIONS OF USE
8.1 You shall use this Website, Products and Services including accessing the Courses for lawful purposes only and shall not indulge in any activity that is not envisaged through the Website.
8.2 You covenant that you will not:
8.2.1 Modify any Content on the Website;
8.2.2 Decompile, reverse engineer, or disassemble the the Content and any third party content;
8.2.4 Use the Service in any way that is unlawful, or harms Examic or any other person or entity, as determined in Examic’s sole discretion;
8.2.5 Make false or malicious statements against the Products and Services or Website or the Courses;
8.2.6 Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contains a virus or other harmful component, or otherwise impair or damage the Website and/or Service or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Website and / or the Service;
8.2.7 Post or upload any content that is libelous, defamatory, abusive, threatening, harassing, hateful and offensive or otherwise violates any law or right of any third party; or
8.2.8 Delete or modify any Content on the Website and/or Service, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
9. THIRD PARTY SITES AND SERVICES
9.1 The Website may include links to other websites or applications whose terms and privacy practices may differ from those of Examic The inclusion of a link does not imply any endorsement by Examic of any such third party, the third-party website or application, the information on the third-party website or application. If the Users access or submit personal information to any of those or applications, such access and information shall be governed by the terms of use and privacy policies of such third-party or applications, as the case may be, and Examic disclaims all responsibility or liability with respect to these terms, policies, websites and/or applications. The Users are encouraged to carefully read the terms and privacy policy of any website and application that they visit, including inter alia, cancellation, refund and delivery policies.
9.2 Examic does not guarantee the accuracy, integrity or quality of any content/service provided by third-party service providers. Further the Users’ interactions with such third-party service providers through the Website, including any terms, conditions, warranties or representations associated with such dealings, are solely between the respective User and third-party service providers. In no shall Examic be liable for any damages arising out of any interaction between the User and such third-party service providers. The information provided on the Website with respect to any third party product or service is provided to the Users on an “as is, where is” basis only.
9.3 Examic does not guarantee placement /jobs to the Users with any of the Clients and in no event shall be held responsible for such guarantees /breach made by any third-party with whom the Users have interacted through the usage of the Website or by subscribing to / accessing the Courses.
10.DISCLAIMERS
10.1 You expressly understand and agree that, to the maximum extent permitted by applicable law:
The Website, Products, Services and other materials are provided by Examic on an “AS IS” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Examic makes no warranty that (i) the Website, Assessment Test, Courses or the Products and Services will meet your requirements, or your use of the Website will be uninterrupted, timely, secure or error-free; (ii) the quality of the Website, Assessment Test, Products and Services, or Courses will meet your expectations; or that (iv) any errors or defects in the Website, Services or other materials will be corrected.
Examic has endeavored to ensure that all the information on the Website is correct, but Examic neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information or Services. Examic 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, 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, Examic 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 the control of Examic. 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. Examic accepts no liability for any errors or omissions with respect to any information provided to you whether on behalf of itself or third parties.
You acknowledge and agree that the provision of the Services may be subject to unpredictable vagaries of the internet, including but not limited to network instability, disruptions and unforeseen technical issues. Examic does not take any responsibility for any inability on your part to avail these Products and Services or Courses or Assessment Test on account of any disruption of service due to the aforesaid internet issues. Examic shall make reasonable efforts to address and minimize the impact of the aforesaid internet related issues, but no explicit guarantee is provided for uninterrupted Services in such circumstances.
Examic shall not be liable for any damages caused due to any incorrect/false/incomplete information by the User.
Examic does not make any guarantees relating to the outcomes based on any information and/or Products and Services, Courses, Assessment Test provided by Examic. While the Website is intended to provide you with information on potential recruitment opportunities with the Clients and advice and suggestions for upskilling based on the results of your Assessment Test including subscription to the Courses, Examic cannot guarantee you any job offer or placement with the Clients based on the information provided on the Website or the Products and Services.
11. INDEMNITY
11.1 You hereby agree to indemnify, defend, and hold Examic, its affiliates and it’s and it’s affiliates’ agents, officers, personnel, directors,consultants, representatives, authorized users, employees, and assigns harmless from and against any and all fines, penalties, losses, damages, liabilities and obligations, claims, fees, expenses, and costs (including, without limitation, reasonable expenses of investigation and mediation and reasonable attorneys’, accountants’ and other professional fees ) arising from (i) your use or misuse of, or access to, the Website or the Services; (ii) your violation of the terms of the Agreement and unauthorized use of the Website and/or Services, or use of the Website and/or Services in contravention of these Terms; (iii) infringement by you of any intellectual property or other right of any person or entity, and/or (iv) any claims or disputes between you and any third party whose services or products you may have accessed through the Website including for any claims relating to non-payment and/or misuse of such third party products and/or services.
11.2 Examic reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with Examic in asserting any available defense.
12. LIMITATION OF LIABILITY
12.1 You acknowledge and undertake that you are accessing the Services through the Website, transacting at your own risk and are using your best and prudent judgment before entering into any transaction with any third party or availing any Service(s) through the Website. Under no circumstances will Examic be liable to you for any harm, loss, or damage, either to your person or property, caused due to and/or as a result of your use of the Website and/or Services.
12.2 Examic shall not be liable or responsible for:
12.2.1 any failure to perform, or delay in performance of, any of Examic’s obligations under these Terms that is caused by any act or event beyond Examic’s reasonable control, including Force Majeure events;
12.2.2 any financial loss that is caused by a third-party service;
12.2.3 the Website not meeting your individual requirements or the Website containing defects or errors, as the Website has not been developed specifically for you;
12.2.4 any losses or damages (whether direct or indirect) which you may suffer and which are caused by an unauthorized use of our Website; and
12.2.5 any loss or damage caused by a distributed denial-of-service, virus attacks, or other technologically harmful material that may infect your device, data or other proprietary material due to your use of the Website and/or the Services.
12.3 Further, none of the directors, officials, consultants or employees of Examic or its affiliates shall be personally liable for any action in connection with the Website or the Services.
12.4 We shall neither be liable nor responsible for any actions or inactions of other Users of the Website nor any breach of conditions, representations or warranties by them. We do not take any obligation to mediate or resolve any dispute or disagreement between you and the other Users of the Website.
12.5 To the extent permitted by applicable law, we do not make any representation or warranties of any kind, express or implied, with respect to accuracy or significance of any aspect of outcome of the Services including the services offered by Examic on the Website. You should use your discretion before relying on any advice provided by Examic on the Website or while availing Services including services of Examic listed on the Website.
12.6 Notwithstanding anything contained in these Terms or the Privacy Policy, Examic shall not be liable for any remote, indirect, incidental, special, or consequential damages however caused, whether based on contract, tort, warranty, or other legal theory, and whether or not informed of the possibility of such damages. Notwithstanding anything contained in these Terms or the Privacy Policy, the Examic’s maximum aggregate liability for any claim arising out of or in connection with the Agreement (whether arising in tort, law or equity) will be limited: (i) to the extent you have availed any product or service in any given year, the total Fees paid to us by you in the preceding twelve (12) months for the product or service; or (ii) to the extent you have not availed any product or service in any given year, INR 1000 (Indian Rupees Thousand only).
13. TERMINATION AND SUSPENSION
In the event (i) you breach the Agreement; or (ii) any other User reports violation of any of their rights as a result of your use of the Website and/or the Services; or (iii) you breach any applicable law; or (iv) any information provided by you is incorrect or illegal, Examic reserves the right to suspend or terminate your access to the Website with or without notice to you for a period as deemed fit by Examic and to exercise any other remedy available under law. Further, any suspected illegal, fraudulent or abusive activity will be grounds for terminating your access to the Website. Upon suspension or termination, your right to avail the Services and access to the Website will immediately cease and Examic reserves the right to remove or delete your information that is available with us.
14. ACCESS OUTSIDE REPUBLIC OF INDIA
Examic makes no representation that the Website, Products and Services including the Assessment Test, Courses and content including the Content and any third-party content contained on the Website is appropriate to be used or accessed outside the Republic of India. If you use or access the Website or avail Services from outside the Republic of India, you do so at your own risk and are responsible for compliance with the laws of such jurisdiction. These Terms do not constitute, nor may it be used for or in connection with, any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation is not authorized or to any person to whom it is unlawful to promote or solicit.
15. GOVERNING LAW AND JURISDICTION
These Terms, and the Privacy Policy and the relationship between you and Examic shall be governed in accordance with the laws of India without reference to any conflict of laws principles. You agree that subject to clause 16 below, courts at Mysore, India shall have exclusive jurisdiction over any disputes arising under or in connection with your use of the Website or the Services.
16. DISPUTE RESOLUTION
Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or your use of the Website or the Services, will be sought to be resolved by means of amicable discussions between Examic and you. However, if such amicable discussions do not result in resolution of a dispute, then such a dispute shall be determined by arbitration in accordance with the Arbitration and Conciliation Act, 1996, before a sole arbitrator mutually appointed by the parties. The venue of arbitration shall be Mysore. All proceedings of such arbitration, including, without limitation, any awards, will be in English language. The award will be final and binding on the parties.
17. SEVERABILITY
If any provision of the Terms is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision will be excluded from the Terms and the remainder of the Terms will be interpreted as if such provision were so excluded and will be enforceable in accordance with its Terms; provided however that, in such event the Terms will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
18. NOTICES
All notices and other communications required or permitted hereunder to be given to a party will be in writing, in English language, and will be sent by e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such party’s address as set forth below or at such other address as the party would have furnished to the other party in writing in accordance with this clause:
If to Examic: notice@examic.in
If to you: At the email address provided by you to us when you register on the Website.
Any notice sent in accordance with this Clause shall be effective and deemed to have been duly delivered: (i) if sent by hand, upon delivery with receipt acknowledged; (ii) if sent by electronic mail, when the mail reflects as “sent” in the sender’s mailbox and (iii) if sent by reputed courier service, upon delivery as per the courier’s records. The parties shall keep each other informed of any change in the notice details specified in these Terms.
19. GRIEVANCE OFFICER
If you have any grievance with respect to the Website or the Service, including any discrepancies and grievances with respect to processing of information provided by you, you can contact the Grievance Officer mentioned under the Privacy Policy.
20. WAIVER
No term of the Terms will be deemed waived, and no breach excused, unless such waiver or consent is in writing and signed by the waiving party. Any consent by a waiving Party to, or waiver of a breach by the non-waiving party, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
21. FORCE MAJEURE
If the whole or any part of the performance by Examic of any part of its respective obligations under the Agreement is prevented or delayed by causes, circumstances or events beyond the control of Examic including delays due to acts of God, floods, fires, accidents, pandemic, endemic, an outbreak, epidemic, earthquakes, riots, explosions, wars, hostilities, acts of government, systemic electrical, telecommunications, cyberattacks, network or other utility failures affecting Examic or other causes of like character beyond the control of Examic (“Force Majeure”), then to the extent Examic shall be prevented or delayed from performing all or any part of its obligations under the Agreement by reason thereof despite due diligence and reasonable efforts to do so notwithstanding such causes, circumstances or events, Examic shall be excused from performance under the Agreement for so long as such causes, circumstances or events shall continue to prevent or delay such performance.
21. ELECTRONIC RECORD
This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of the IT Act and the rules made thereunder that require publishing the rules and regulations, privacy policy and terms of use of the Website.
22. COMPLETE UNDERSTANDING
The Agreement contains the entire understanding of the parties, and there are no other written or oral understandings or promises between the parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Address
Main Office Address
Examic Edtech Pvt. Ltd.
#2963, Ground Floor, Brigade Point, Gokulam Main Road,V V Mohalla,
Mysuru, Karnataka 570002
Copyright © 2024 Examic
Copyright © 2024 Examic