Terms & Conditions:
Website and Service Terms and Conditions - General
The EverExam website ("Website") and related services (together with the Website, the "Service") are operated by EverExam. ("EverExam", "us" or "we"). 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. EverExam 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. EverExam 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 EverExam; (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 EverExam while registering or during your usage of Ever Exam 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 EverExam services may be blocked. No refund will be provided in such scenario.
Your Representations and Warranties
You represent and warrant to EverExam 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 Ever Exam.
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 EverExam sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose EverExam or its users to any harm or liability of any kind.
Indemnification of EverExam
You agree to defend, indemnify and hold harmless EverExam 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 is to you 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 Ever Exam are provided to you on an "as is" basis. Ever Exam 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, Ever Exam 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 Ever Exam 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 Ever Exam has been advised of the possibility of such damages. Ever Exam 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 Ever Exam 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.
Ever Exam 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 Ever Exam 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 Ever Exam 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 Ever Exam or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, , displayed downloaded, scraped, 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 Ever Exam, 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 Ever Exam, 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 Ever Exam any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Data. All rights of Ever Exam or its licensors that are not expressly granted in these Terms and Conditions are reserved to Ever Exam and its licensors.
Notice for Claims of Copyright Violations and Agent for Notice
If you are a copyright owner and have a good faith belief that any material available through the service infringes upon your copyrights, you may submit a copyright infringement notification to Ever Exam pursuant to the Digital Millennium Copyright Act by providing us with the following information in writing:
Please consult your legal counsel for further details or see Section 51 of The Copyright Act, 1957. Ever Exam Agent for Notice of claims of copyright infringement can be reached as follows: By email: firstname.lastname@example.org
Governing Law and Arbitration
These Terms and Conditions, its subject matter and Ever Exam and your respective rights under these Terms and Conditions shall be governed by the laws of India and you agree that the courts of Delhi will have exclusive jurisdiction over any dispute (contractual or non-contractual) concerning these terms.
These Terms and Conditions constitute the entire agreement between Ever Exam 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 Ever Exam 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. Ever Exam 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 Ever Exam and you, and Ever Exam and your respective successors and permitted assigns.