Information We Collect
When you use the Service you provide us with two types of information: (i) information you submit via the Service and (ii) information regarding your use of the Service collected by us as you interacts with the Service.
Through the registration process you may provide us with your name, email address, hometown, and other information that may be requested during the registration process. When you use the Service you may submit information and content to your profile, generate Activity Data through engaging in educational activities on the Service, or send messages and otherwise transmit information to other users. We store this information so that we can provide you the Service and offer personalized features.
User Information Obtained by exams99
We may use your contact information to send you notifications regarding new services offered by exams99 and its partners that we think you may find valuable. Exams99 may also send you service-related announcements from time to time through the general operation of the Service. Generally, you may opt out of such emails, although exams99 reserves the right to send you notice about your account even if you opt out of all voluntary email notifications.
Profile information is used by exams99 primarily to be presented back to and edited by you when you access the Service and to be presented to other users. In some cases, other users may be able to supplement your profile, including by submitting comments.
Exams99 may use aggregate or anonymous data collected through the Service, including Activity Data, for any purpose. This data may be used by exams99 and shared with third parties in any manner.
Sharing Your Personally-Identifiable Information with Third Parties
Exams99 shares your personally-identifiable information only in limited circumstances where exams99 believes such sharing is reasonably necessary to offer the Service, legally required or, permitted by you.
We may provide personally-identifiable information to service providers who help us bring you the Service, such as hosting the Service at a co-location facility or sending email updates. In connection with these operations, our service providers may have access to personally-identifiable information for use for a limited time. Where we utilize service providers for the processing of any of personally-identifiable information, we implement reasonable contractual protections limiting the use of that personally-identifiable information to the provision of services to exams99.
Consumer Control & Opt-Out Options
Opting-out of Push Notifications - You may in most cases opt out of receiving push notifications by going to your device “Settings” and clicking on “Notifications,” and then changing those settings for some or all of the apps on your device. (Different device configurations, or updates to devices, may affect or change how these settings work.)
We may be required to disclose personally-identifiable information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. Additionally, we may share account or other personally-identifiable information when we believe it is necessary to comply with law, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the Service or using the exams99 name, or to prevent imminent harm. This may include sharing personally-identifiable information with other companies, lawyers, agents or government agencies.
If the ownership of all or substantially all of the exams99 business, or individual business units or assets owned by exams99 that are related to the Service, were to change, your personally-identifiable information may be transferred to the new owner. In any such transfer of information, your personally-identifiable information would remain subject to this section.
Website and Service Terms and Conditions - General
The exams99 website ("Website") and related services (together with the Website, the "Service") are operated by exams99. Access and use of the Service is subject to the following Terms and Conditions of Service ("Terms and Conditions"). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. Exams99 may amend, update or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Website for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.
Description of Website and Service
The Service allows users to (i) prepare for any examination online. Users interested in learning or practicing are presented with different types of educational activities. Exams99 may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by Exams99; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to Exams99 while registering or during your usage of Exams99 services, to keep such information accurate, current and complete; (iv) to be fully responsible for all use of your account and for any actions that take place through your account; (v) You consent to be contacted by us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates; and (vi) You are required to provide your examination registration information for the purpose of our internal estimation of successful candidates. If you do not provide the information, your partial or full access to the website content and/or other Exams99 services may be blocked. No refund will be provided in such scenario. We assure you that we will not use this information for any other purpose or share this information with any third party.
Your Representations and Warranties
You represent and warrant to Exams99 that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of Constitution of India and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from India and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit to Exams99 and that you have the right to grant us a license to use that material.
You will not upload, display or otherwise provide on or through the Service any content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in Exams99 sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose Exams99 or its users to any harm or liability of any kind.
Indemnification of Exams99
You agree to defend, indemnify and hold harmless Exams99 and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions,or any claim that any service we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
No Representations or Warranties
The service, including all images, audio files and other content therein, and any other information, property and rights granted or provided to you by Exams99 are provided to you on an "as is" basis. Exams99 and its suppliers make no representations or warranties of any kind with respect to the service, either express or implied, and all such representations and warranties, including warranties of merchantability, fitness for a particular purpose or non-infringement, are expressly disclaimed. Without limiting the generality of the foregoing, Exams99 does not make any representation or warranty of any kind relating to accuracy, service availability, completeness, informational content, error-free operation, results to be obtained from use, or non-infringement. Access and use of the service may be unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance or for other reasons. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation on types of Damages/Limitation of Liability
In no event will Exams99 be liable to you or any third party claiming through you (whether based in contract, tort, strict liability or other theory) for indirect, incidental, special, consequential or exemplary damages arising out of or relating to the access or use of, or the inability to access or use, the service or any portion thereof, including but not limited to the loss of use of the service, inaccurate results, loss of profits, business interruption, or damages stemming from loss or corruption of data or data being rendered inaccurate, the cost of recovering any data, the cost of substitute services or claims by third parties for any damage to computers, software, modems, telephones or other property, even if Exams99 has been advised of the possibility of such damages. Exams99 liability to you or any third party claiming through you for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to Exams99 for the service in the 12 months prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
Exams99 may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your Exams99 account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of Exams99 proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
Proprietary Rights in Service Content and Activity Data
All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the "Service Content"), are the proprietary property of Exams99 or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and Exams99, all data and information generated from your access and use of the educational activities made available on or through the Service, including translated content generated by you (collectively, the "Activity Data"), shall be exclusively owned by Exams99, and you shall not have any right to use such Activity Data except as expressly authorized by these Terms and Conditions. Activity Data will not include material you submit for translation or any resulting translation. By using the Service, you hereby assign to Exams99 any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Data. All rights of Exams99 or its licensors that are not expressly granted in these Terms and Conditions are reserved to Exams99 and its licensors.
"Exams99" and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of Exams99 or their respective owners. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Exams99 name or any Exams99 or third-party trademarks, service marks, graphics or logos.
Governing Law and Arbitration
These Terms and Conditions, its subject matter and Exams99 and your respective rights under these Terms and Conditions shall be governed by the laws of India and you agree that the courts of Mumbai will have exclusive jurisdiction over any dispute (contractual or non-contractual) concerning these terms.
These Terms and Conditions constitute the entire agreement between Exams99 and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by Exams99 or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Exams99 may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of Exams99 and you, and Exams99 and your respective successors and permitted assigns.
Exams99 provides a platform to prepare for exams online. To keep Exams99 running smoothly for all of our Users, you agree that you will use the Service only in a manner consistent with the following Acceptable Use Policy.
You agree not to post User Content that:
is sexually explicit or pornographic;
creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal;
may create a risk of any other loss or damage to any person or property;
seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
violates, or encourages any conduct that violates laws or regulations;
contains any information or content we deem to be hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
infringes any third party's Intellectual Property Rights, privacy rights, publicity rights, or other personal or proprietary rights;
contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
is fraudulent, false, misleading, or deceptive
You agree not to engage in any of the following prohibited activities:
Use, display, mirror or frame the Service, any individual element within the Service, the Exams99 name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent;
Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
Attempt to probe, scan, or test the vulnerability of any Exams99 system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Exams99 or any of our providers or any other third party (including another user) to protect the Services or Exams99 Content;
Attempt to access or search the Services, User Content or Exams99 Content or scrape or download User Content or Exams99 Content from the Services, or otherwise use, upload content to, or create new links, re-posts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Exams99 or other generally available third party web browsers;
Send any unsolicited or unauthorized spam and spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Exams99 or Exams99 trademark, logo, URL, or product name without Exams99 express written consent;
Use the Service for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted for you by Exams99 or in any manner not permitted by the Terms;
Use Exams99 user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation;
Request, collect or store username, password, token or any other account authentication information from other users; or
Encourage or enable any other individual to do any of the activities prohibited in this Acceptable Use Policy.
Exams99 reserves the right, but is not obligated, to remove any User Content for any reason or for no reason, including User Content that Exams99 believes violates this Acceptable Use Policy or its Terms of Service. Exams99 may also permanently or temporarily terminate or suspend a User account without notice and liability for any reason, including if, in Exams99 sole determination, a User violates any provision of this Acceptable Use Policy, our Terms of Service, or for no reason.
Last revised on August 22nd, 2019