Terms Of Use

ACCEPTANCE OF TERMS OF USE

“TestPower” is an online portal owned and developed by TSS. (hereinafter referred to as “TestPower” or “We”). TestPower is an online learning management system that provides a market platform to offer online courses and study material, to set up virtual classrooms for any registered user as well as to provide a directory of institutions (“TestPower Platform”).

These Terms of Use contain general terms that apply to all users of the TestPower Platform whether they are the course provider or student or a browser. When using the TestPower Platform, You will also be subject to the TestPower Privacy Policy and additional guidelines, policies including Refund Policy or rules applicable to specific services and features on the TestPower Platform, which may be posted by Us from time to time (hereinafter referred to as the “Guidelines”). All of these Guidelines form part of this Agreement and are hereby incorporated by reference.

In case of any contradiction between the terms set out herein and those of the Privacy Policy, Refund and Rescheduling Policy or any other document the terms of which form a part of this Agreement, the terms of such document will prevail.

This “Agreement” including these “Terms of Use” govern Your use of the TestPower Platform. The TestPower Platform is offered to You, the “Member” as defined following, as per Your agreement with and acceptance of the terms and conditions set out in this document and any other terms incorporated herein by reference (hereinafter referred to as “Membership”). By clicking on the box entitled “I Have Read and Accepted the Terms of Use” as part of the registration process or by accessing or downloading any material from this Platform, You agree and warrant that You have read and understood the terms and You agree to be bound by them. If You do not accept these terms, You are not authorized to use all or any portion of the Platform and its products or services (as defined below). These Terms of Use affect Your rights and You should read them carefully.

You represent that You are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Use, Privacy Policy, etc. forming part of the Agreement between us. If You are using or creating a profile on the TestPower Platform as a representative of a company or legal entity, (i) You represent that You have the authority to enter into this Agreement on behalf of that company or entity, and (ii) You agree that the terms “You” and “Your” in this Agreement refers to Your company or legal entity.

CHANGES TO TERMS OF USE

TestPower reserves the right, from time to time, with or without notice to You, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the “Terms of Use” located at the bottom of the page of the TestPower Platform. The most current version of the Terms of Use will supersede all previous versions. Your use or Your continued use of the TestPower Platform after changes are made means that You agree to be bound by such changes.

1. DEFINITIONS

Unless contrary to the context, the following terms shall, bear the meaning set out against them for the purposes of this Agreement:

“Content” means (i) any work of authorship including comments, recommendations, forums, photos, videos, music, sounds, images, text, files, listings, logos, trademarks, postings, messages, tags and other content; or (ii) other materials, posted on or transmitted through the TestPower Platform.

“Course” means a series of programmes provided by the Instructor which may include an answer to a query, study material, video clipping, audio, text, virtual classroom or any other manner of interaction between the Instructor and the Student. A Course may be made public or private, to an invited or registered group of learners, free or paid, scheduled or unscheduled.

“Instructor” means and includes any Member who offers a Course. Such Member may also be a Learner in respect of another Course.

“Institutions” shall mean and include all educational or other Institutions that sign up as a Member and facilitate their faculty to offer Courses.

“Learner” means any Member who has signed up for a Course. Such Member may also be an Instructor providing other Courses.

“TestPower Technology” means the past, present and future content of the TestPower Platform, including all software in any format (including the Platform Code and Community Code), hardware, products, processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, themes, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of the TestPower Platform and all other tangible or intangible materials related to, displayed, performed or distributed on the TestPower Platform and the TestPower Platform itself, including, the selection, sequence, and “look and feel” and arrangement of items on the TestPower Platform, and all TestPower Marks (as defined below), domain names, patents, and other intellectual property. TestPower Technology does not include Your Content, Your Themes or Your Code.

“Member” means a user who has registered on the TestPower Platform.

“Platform Code” means the proprietary portion of the TestPower Platform that is used to interpret the other services available on the TestPower Platform.

“Third Party Software” means software that is licenced to You by third parties, including software that is subject to so-called “open source” licences, which means any software licences approved as open source licences by the Open Source Initiative or any substantially similar licences, including any licence that, as a condition of distribution of the software licenced under such licence, requires that the distributor make the software available in source code format.

“Users” are all end users of the TestPower Platform, and include Members, Learners, Instructors, Institutions, Third Party Application Developers, and any unregistered users or browsers.

“User Data” means all the data collected from the User including but not limited to registration information, profile data, interactions with the Instructor or the Learner.

“Your Content” means any Content that You submit to the TestPower Platform, as a Member whether or not you are registered as a Learner/Instructor. Such content may include any inquires made prior to your registering for a Course and which, together with any responses thereto, may be made generally available on the TestPower Platform. If You are an Instructor or an Institution, Your Content includes the name, logo, trademark, brand features and other Content that You make available. Content does not include Platform Code.

2. CONTENT

All Content uploaded by You shall be in compliance with the User Guidelines in this Agreement. You own all of Your Content, and other information that You upload on the TestPower Platform. TestPower does not claim any ownership rights in or to Your Content or Your data. After posting Your Content, subject to the licences granted herein and the other terms and conditions of this Agreement, You continue to retain any ownership rights You have to Your Content, and You continue to have the right to use Your Content in any way You choose.

At any point, You have the liberty to remove Your Content from the TestPower Platform and cancel Your account.

You hereby grant Us, during the course of Your usage of the TestPower Platform, a nonexclusive, worldwide, royalty-free, and transferable right and licence to (i) use, access, store, cache, publicly perform and publicly display Your Content and Your profile (a) for the purpose of operating and making Your Content and the User Data available on the TestPower Platform and in all current and future media in which the TestPower Platform may now or hereafter be distributed or transmitted or (b) for our internal business purposes so that We may derive metrics and analytics relating to Your Content and User Data; and (ii) disclose any such metrics and analytics regarding Your Content and User Data for marketing and business development purposes. Without limiting the foregoing, You agree that Content You remove may persist for a reasonable amount of time in back-up copies and may continue to be available because of prior re-posting or sharing of information by other Members.

You hereby agree that if Your Content is removed from the TestPower Platform due to a violation of these Terms of Use, We shall have the right to use and reproduce Your Content in any manner without restriction, including in response to any judicial or administrative order, to assist government enforcement agencies or otherwise required by law and to protect Our rights, property or safety or that of any User or individual, or the general public.

You are solely responsible for Your Content. You are responsible for making sure that You have all rights in and to Your Content, You understand that whether or not Your Content is published or marked private by You, We do not guarantee any confidentiality or privacy with respect to any of Your Content.

Additionally, You understand and agree that Your Content that is displayed on the TestPower Platform may continue to appear on the Platform, even after You have terminated Your account, as portions of Your Content may have been incorporated into Member profiles, RSS feeds or other features.

As an Instructor or a Learner You acknowledge that We reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any Content through or on the TestPower Platform in whole or in part at any time for any reason or no reason with or without notice and with no liability of any kind.

If a Course or Member account is removed from the TestPower Platform, the Content associated with that Course may also be deleted at the discretion of the Instructor or TestPower. You should be aware that We are not required to, and may not, keep back-up copies of Content on the TestPower Platform once the Course or Content is deleted. Additionally, We make no guarantee, either during or after the term of this Agreement, that Your Content will be safely stored on the TestPower Platform, and You should independently back-up and archive Your Content.

3. GENERAL DISCLAIMER:

The TestPower Platform is only a marketplace for Instructors, Users and Institutions. Unless TestPower is providing a Course, it does not hire or employ Instructors nor is it responsible or liable for any interactions involved between the Users. TestPower is not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of the Instructors or Users, including, but not limited to, any User’s reliance upon any information provided by an Instructor.

We do not control any Content posted on the Site and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Content. You understand that You may encounter such Content that You may consider offensive, indecent, or objectionable. TestPower has no responsibility to keep such content from You and no liability for Your access or use of any Content.

4. REGISTRATION

Every User is required to register Himself/Herself and obtain a username and password to open an account with TestPower. The information You provide during the registration process will be secure and will be subject to the restrictions set out in our Privacy Policy. You are solely responsible for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate at all times. You must notify us (a) immediately of any unauthorized use of Your Account and any other breach of security, and (b) ensure that You sign out from Your account at the end of Your usage on the Platform. We cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge, prior to Your notifying us of unauthorized access to Your Account.

You may not transfer Your account to any other person and You may not use anyone else’s account at any time without the permission of the account holder. In the event You authorized another individual, including a minor, to use Your account, You are fully responsible for (i) the online conduct of such User; (ii) controlling the User’s access to and use of the TestPower Platform; and (iii) the consequences of any misuse.

5. INSTRUCTOR GUIDELINES

If You are an Instructor, the following shall be binding on You:

  1. You may be added as an Instructor for any Course upon registering on the TestPower Platform by a Manager of an Institution adding you as an Instructor. or if you create a course yourself and you choose to be its instructor.
  2. The course you create shall contain details of the field it pertains to, whether the Course is a free or paid one, and any other information as may be required.
  3. You will be liable to pay the fees [if any] as required to be paid by (to?) TestPower
  4. You shall create or select a Course You wish to offer, and You may also create a trade name, trade mark or a logo specifically for the Course You offer.
  5. You shall ensure that You have the sole and absolute right in respect of the trade name, trade mark or logo created and in respect of the Content uploaded on the TestPower Platform.
  6. The TestPower Platform shall facilitate in standardizing course delivery and soliciting Student feedback.
  7. You may advertise Your institution on the TestPower Platform including, by providing details of your accreditations, partnerships etc.
  8. The relationship between TestPower and You shall be that between Principals where TestPower shall facilitate You to make use of all resources to teach, train and motivate students across the World.
  9. You may accommodate any number of Users as Learners on the TestPower Platform subject to any restrictions imposed including for virtual classrooms requiring web conferences in the interest of quality of services.
  10. You may provide material in any form including but not limited to video clippings, audio, presentations, webinars, texts (HTML, .doc, PDF, etc.), slide-shows, images, etc.
  11. You shall provide valuable, reliable information to the Learners, and We shall not in any way be responsible for the accuracy, relevance, authenticity etc. of the Content uploaded.
  12. You shall ensure that no Content uploaded is offensive, obscene, pornographic, defamatory, racial or communal, incites war against the State or is spam Content.
  13. You shall ensure that the Content uploaded does not infringe any third party’s intellectual property rights. In the event You infringe any third party’s intellectual property rights in and to any matter put up on the TestPower Platform as part of Your Content, You shall be solely responsible and liable for such infringement. TestPower shall in no manner be liable or responsible for any such infringement or any consequences arising therefrom, and You undertake and agree that You shall indemnify and hold harmless TestPower from and against any claims and actions made by any third party in that regard.
  14. You shall not make any claim against TestPower for any damage caused including but not limited to interactions had with the Learner.

6. LEARNER GUIDELINES

If You are a Learner the following shall be binding on You:

  1. You are required to enroll or be invited as a student for any Course upon registering on the TestPower.
  2. We are not in any way liable for any consequences of failure on Your part to fully participate in any Course or to follow any instructions given by the Instructor. You are at liberty to bookmark Your study material for later review if permitted by the Instructor.
  3. If the Course is a paid one, You shall ensure that the payment is made well within the time set for payment for the Course.
  4. You undertake and agree that You are solely responsible for all interactions You have with the Instructor.
  5. You shall ensure that the Content uploaded by You is not offensive, obscene, pornographic, defamatory, racial or communal, incites war against the State or is spam Content.
  6. You shall make no claim against TestPower regarding the reliability or usefulness of the information or Content provided by the Instructor as the Instructor is not an employee of TestPower and has no relationship with TestPower save and except as a User of TestPower.
  7. In the event You infringe any third party’s intellectual property rights in and to any matter put up on the TestPower Platform as part of Your Content, You shall be solely responsible and liable for such infringement. TestPower shall in no manner be liable or responsible for any such infringement or any consequences arising therefrom, and You undertake and agree that You shall indemnify and hold harmless TestPower from and against any claims and actions made by any third party in that regard.
  8. You shall ensure that TestPower is not held responsible for the Content posted or uploaded by You on Third Party sites, and You undertake and agree that You shall indemnify and hold harmless TestPower from and against any claims and actions made by any third party in that regard.
  9. You are at liberty to link any material or Content to third party sites. However, if in the event You link or share such material or Content, You will be solely responsible for all consequences arising from such linking or sharing. The Terms of Use and Privacy Policy of the third party sites are not binding on TestPower.

7. INSTITUTIONAL GUIDELINES

If You are an Institution the following shall be binding on You:

  1. You are required to enroll as an Institution for any Course upon registering on the TestPower Platform by filling up an online form.
  2. The application shall contain details including those of the field in which You wish to offer the Course, whether the Course is a free or paid one, and the details of Your designated Manager.
  3. You will be liable to pay the fees [if any] as required to be paid by TestPower
  4. You shall create or select a Course You wish to offer, and You may also create a trade name, trade mark or a logo specifically for the Course You offer.
  5. TestPower is a Platform for the Institutions to offer Courses online whereby You as an Institution are at liberty to facilitate Instructors from Your institution to offer Courses. Such Instructors may provide any such information in any manner described in Clause 5 (k) herein.
  6. TestPower is a platform permitting You to upload the details of the events taking place in Your Institution.
  7. The TestPower Platform shall facilitate in standardizing course delivery and soliciting Student feedback
  8. The relationship between TestPower and You shall be that between Principals where TestPower shall facilitate the Institutions to make use of all resources to teach, train and motivate students across the World.
  9. You shall ensure that You have the sole and absolute right in respect of the trade name, trade mark or logo created and in respect of the Content uploaded on the TestPower Platform.
  10. You may advertise Your institution on the TestPower Platform including, by providing details of your accreditations, partnerships etc.
  11. You shall be solely responsible for any misconduct or misbehavior of Your employees, and You shall indemnify and hold harmless TestPower from and against any loss, claims, actions made against TestPower arising out of any such misconduct or misbehavior.
  12. You shall in no manner make any claims against TestPower for the interactions between Your Instructor and any of the Users
  13. You shall ensure that You or Your Instructors will not infringe or violate any intellectual property rights or any other provision of any law that applies to You

8. LICENCES FROM TESTPOWER

LICENCE TO ACCESS AND USE THE TESTPOWER PLATFORM

During and subject to the terms and conditions of this Agreement, TestPower hereby grants You a limited, non-exclusive, non-sub-licensable, non-transferable, freely revocable licence to access and use the TestPower Platform. For clarity, apart from the foregoing limited licence, You acknowledge that You shall acquire no rights in the Platform Code.

You agree that all the intellectual property rights in and to the TestPower Technology are owned by TestPower or its licensers.

LICENCE RESTRICTIONS

Except as expressly permitted under this Agreement, You agree not to, nor will You allow any third party (whether or not for Your benefit) to:

  • Run, rent, lease, loan, or sell access to the TestPower Platform or the TestPower Technology.
  • Decompile or reverse engineer or attempt to access the source code of the software underlying the TestPower Platform or TestPower Technology.
  • Copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivate works from, display, perform, publish, distribute, redistribute or disseminate any TestPower Technology.
  • Access the TestPower Platform to build a product using similar ideas, features, functions, interface or graphics of the TestPower Platform.
  • Access (or attempt to access) any service on the TestPower Platform by any means other than as permitted in these Terms of Use.
  • Circumvent, disable or otherwise interfere with security related features of the TestPower Platform or features that prevent or restrict use or copying of any Content or Third Party Content or enforce limitations on use of the TestPower Platform or the Content and Third Party Content therein.
  • Access the TestPower Platform to upload Your Content to cause a breach of security to the TestPower Platform or interfere with the proper working of the TestPower Platform or prevent others from using the TestPower Platform.
  • Delete the copyright and other proprietary rights notices on the TestPower Platform.

9. INDEPENDENT DEVELOPMENT; FEEDBACK

You agree that TestPower may be independently developing software, content and other products or services that may be similar to Your Content and nothing in the Agreement will be construed as restricting or preventing TestPower from creating, using or offering for use such software, content and other items, without any obligation to You.

You may from time to time choose, in Your sole discretion, to provide suggestions, comments, improvements, ideas, recommendations or other feedback or materials to Us related to the TestPower Platform (including the Platform Code) as feedback. If You choose to provide us any such feedback, You hereby assign all ownership in and to such feedback to us, and acknowledge that We will be entitled to use and implement any such feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to You. To the extent the foregoing is deemed ineffective, You also hereby grant Us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty free, fully paid up licence to use such feedback.

10. TRADEMARKS

TestPower trademarks, logos, images, service marks, trade names and other distinctive branding features used on the TestPower Platform (“TestPower Marks”) are the trademarks of TestPower and may not be used without permission. TestPower is not granting You a licence under any intellectual property right to the TestPower Marks. Instructors may have their own trademarks, logos, and trade names for the Courses they offer on the TestPower Platform and such marks are the property of the Instructors. All rights are reserved and You may not alter or obscure the Trademarks, or link to them without Our prior approval.

11. INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT

It is Our policy to respond to notices of alleged infringement by You of intellectual property rights of third parties. We may remove any allegedly infringing Content without any liability on our part to You.

We will promptly terminate without notice any User’s access to the TestPower Platform, in appropriate circumstances where the User is a “repeat infringer” of any third party intellectual property rights. Generally, We will consider a User a repeat infringer if We have received more than two third-party notices of alleged infringement concerning Content posted by that User. We, however, reserve the right to identify and terminate Users under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behavior by that User.

12. TESTPOWER OWNERSHIP RIGHTS

You agree that, as between You and TestPower, TestPower owns all rights, title and interest, including all intellectual property rights, in and to the TestPower Technology. Any rights not expressly granted herein, are reserved to TestPower. You agree to abide by all copyright notices, information, or restrictions contained in any part of the TestPower Platform. You must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on the TestPower Platform, including notices on any TestPower Technology You download, transmit, display, print or reproduce from or using the TestPower Platform.

13. THIRD PARTY CONTENT AND HYPERLINKS TO THIRD PARTY SITES

The TestPower Platform may have access to links on Third Party websites, directories, servers, systems, information and databases, applications, software, programs, products or services, resources and the Internet as a whole. Such links do not constitute an endorsement by TestPower of such Third Party sites, the content displayed therein, or the persons or entities associated therewith. You acknowledge that TestPower is only providing these links as a convenience, and cannot be responsible for the content of such Third Party sites. Any such activities, and any terms associated with such activities, are solely between You and the applicable Third-Party. You should make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these Third Parties. You are solely responsible for Your dealings with any Third Party, including the use of applications or services and the delivery of and payment for goods and services. Should You have any problems resulting from Your use of any Third Party services, or should You suffer data loss or other losses as a result of problems with any of Your other service providers or any Third-Party services, You agree that TestPower will not be responsible therefor.

Notwithstanding the foregoing, TestPower or its designees reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third Party Content in whole or part at any time for any reason or no reason with or without notice and with no liability of any kind. You are solely responsible (and assume all liability and risk) for determining whether or not such Third Party Content is appropriate or acceptable to You. You understand that by using the TestPower Platform You may be exposed to Third Party Content that is offensive, indecent or objectionable to You.

Additionally, TestPower or Third Parties may provide hyperlinks or any other form of link or redirection of Your connection to other sites (“Third Party Sites”).These Third Party Sites do not form part of the TestPower Platform and the inclusion of any link does not imply TestPower’s affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. TestPower expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by, or through the TestPower Platform. Access and use of Third Party Sites, including the information, material, products, and services on third party sites or available through Third Party Sites, is solely at Your own risk.

14. REPRESENTATIONS AND WARRANTIES

Notwithstanding whether You are an Instructor, User or an Institution, in addition to the provisions contained in Clauses 5, 6 and 7 herein, You represent and warrant to TestPower that: (a) You will comply with all applicable laws, guidelines, rules, and regulations in connection with Your use of the TestPower Platform including Your promotional or other activities on or off the TestPower Platform; (b) You have the right to grant to TestPower the rights granted herein and You own or have all necessary rights, title and interest in and to Your Content, (c) Your Content, does not and will not (i) infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any person; and (d) none of Your Content or Your Community contains any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, or other computer programming routines that may potentially damage or interfere with the TestPower Platform, or intercept or expropriate any system data or personal information from the TestPower Platform.

15. ACCEPTABLE USE AND CONDUCT

You are solely responsible for Your conduct and Your Content on the TestPower Platform. We want to keep the TestPower Platform safe, fun and useful for everyone and the use of the TestPower Platform for unlawful or harmful activities is not allowed. In defining “safe, fun and useful” You specifically agree that:

You will not post, email or make available any Content to Users or use the TestPower Platform:

  1. In a manner that infringes, violates or misappropriates any third party’s intellectual property rights or other proprietary rights or contractual rights;
  2. In a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  3. To engage in spamming, “chain letters,” “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Use, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other Users whether on or off the TestPower Platform;
  4. In a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
  5. In a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy;
  6. In a manner that is harmful to minors in any way;
  7. In a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by TestPower;
  8. To impersonate an employee of TestPower, or any other person, or falsely state or otherwise misrepresent Your affiliation with any person or entity, or to obtain access to the TestPower Platform without authorization;
  9. To interfere or attempt to interfere with the proper working of the TestPower Platform or prevent others from using the TestPower Platform, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the TestPower Platform, or that otherwise negatively affects other persons’ ability to use the TestPower Platform;
  10. To use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user’s account or to monitor or copy the TestPower Platform (including the Community Code or Platform Code) or the content contained therein;
  11. To facilitate the unlawful distribution of copyrighted content;
  12. In a manner that includes personal or identifying information about another person without that person’s explicit consent;
  13. In a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the TestPower Platform or to Users; and
  14. In a manner that constitutes or contains any form of advertising or solicitation if e-mailed to Users who have requested not to be contacted about other services, products or commercial interests.

The decision of TestPower as to the acceptability or otherwise of any Content shall be final.

Additionally, You agree not to:

  1. “Stalk” or otherwise harass any User of the TestPower Platform;
  2. Collect, use or disclose data, including personal information, about other Users without their consent or for unlawful purposes or in violation of applicable law or regulations;
  • Except as specified in TestPower API documentation, collect, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any Member of the TestPower Platform, or to proxy authentication credentials for any Member of the TestPower latform for any purpose, including automating logins to the TestPower Platform (provided that if You do request such authentication information for the purpose of developing through the TestPower API, You may not use such information for any purpose other than initial authentication of the Member, and in any event, You may not archive, store or otherwise retain such information);
  1. Upload Content that TestPower determines, depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content which is illegal or in the opinion of TestPower is unsuitable for public access;
  2. Attempt to gain unauthorized access to the TestPower Platform or TestPower’s other websites, computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the TestPower Platform or any other ;
  3. Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the TestPower Platform.
  • You agree not to authorize or encourage any third party to use the TestPower Platform to facilitate any of the foregoing prohibited conduct. You also agree to immediately notify TestPower in the event of an actual or threatened claim that You have violated any of the covenants and agreements contained in this Agreement.

16. RELATIONSHIP WITH USERS

TestPower is only a facilitator of Courses and TestPower’s relationship with the Members shall in no manner be construed to be that of an employer-employee relationship or one of partnership, and TestPower will not be vicariously held liable for any act or conduct of any Member. You acknowledge that TestPower may terminate Your account and remove Your Content, as well as disable Your access to the TestPower Platform at any time for violations of these Terms of Use, Privacy Policy and or additional guidelines or rules that may be brought into force from time to time, without notice and without any liability to TestPower. In addition, You acknowledge and consent toTestPower contacting You and Your Members in order to maintain compliance with these Terms of Use.

17. YOUR ACCOUNT

You need to create an account in order to become a Member of the Platform. You are responsible for keeping Your account credentials and password secure. You agree to provide TestPower with current, complete and accurate information as prompted by the registration process. You agree to promptly update all information to keep Your account on the TestPower Platform current, complete and accurate (such as noting a change in billing address or email). Generally speaking, account credentials are non-transferable. You will be solely responsible and liable for any activity that occurs under Your account credentials. TestPower reserves the right to log off or deactivate Member accounts that are inactive for an extended period of time.

The registration process is free. However Courses may be free or paid depending upon the field in which the Course is provided and the resources involved in providing the study material. TestPower reserves the right to levy a fee as determined by it as well as the Instructor.

You may not use anyone else’s account at any time, without the permission of the account holder. You should never give out Your password to another individual or entity. TestPower will not be liable for any loss that You may incur as a result of someone else using Your account credentials, password, either with or without Your knowledge. However, You may be held liable for losses incurred by TestPower or another party due to someone else using Your account credentials, or password. In other words, please be careful with Your identity and passwords.

In order to help Us deliver the highest value platform and revenue programs, TestPower needs to account for all of the traffic and usage on the TestPower Platform. TestPower uses Google Analytics to get a third party measurement of the worldwide audience and usage across the TestPower Platform.

18. SCHEDULE AND FEES

SCHEDULE

Any Instructor may schedule his Course as per his convenience which could be weekly, fortnightly or monthly. The dates of the Courses shall be specified along with the registration for signing up to a Course. In the event the Instructor is unable to take up a particular session of the Course as scheduled, he shall intimate the administrators of the TestPower Platform as well as the Users 24 hours prior to the scheduled date of the Course.

FEES

Every User of a paid Course shall be required to pay the fees as determined by the Instructor. Applicable fees will be invoiced on the date that Your paid Course begins. Such fees shall be payable in a manner determined by the Instructor and TestPower.

19. DISCLAIMER OF WARRANTIES

Your use of the TestPower Platform, any products, support services, professional services or other services offered through the TestPower Platform, and Platform Code, Third Party software, non-TestPower Code, and Content (including third party content), are at Your sole responsibility and risk. The TestPower Platform, any products, support services, professional services or other services offered through the TestPower Platform, and all Platform Code, Third Party software, non-TestPower Code and Content (including third party content) are provided on an “as is” and “as available” basis. TestPower and its successors, affiliates, contractors, employees, suppliers, licensors, partners and agents expressly disclaim all representations, warranties, or conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, performance, system integration, quiet enjoyment, title, and non-infringement. TestPower and its successors, affiliates, contractors, employees, suppliers, licensors, partners and agents disclaim any warranty that the TestPower Platform, any products, support services, professional services or other services offered through the TestPower Platform or any Platform Code, Third Party software, non-TestPower Code or Content (including third party content) will meet Your requirements or be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the TestPower Platform or the server that makes the TestPower Platform available is free of viruses or other harmful components. TestPower makes no guarantee regarding (a) the amount, timing and delivery of any clicks or impressions with respect to any content (including third party content) or advertising on the TestPower Platform (b) the volume and quality of any traffic to Your profile.

Any material downloaded or otherwise obtained through the use of the TestPower Platform is done at Your own discretion and risk and You will be solely responsible for any damage to Your computer system or other device or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by You from TestPower or its successors, affiliates, contractors, employees, suppliers, licensors, partners or agents, or through or from the TestPower Platform (including through support services or professional services) shall create any warranty not expressly stated in the terms.

20. INDEMNITY

You agree to indemnify, defend, and hold harmless TestPower and its successors, subsidiaries, affiliates, co-branders, contractors, employees, advisers, consultants, third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to:

  1. Your Content;
  2. Third Party Applications;
  3. Your use or misuse of, or connection to, the TestPower Platform or any services offered by the TestPower Platform;
  4. Your use or misuse of the services offered by TestPower;
  5. Your breach or alleged breach of this Agreement;
  6. Your violation of any rights (including intellectual property rights) of a third party;
  7. Your use or misuse of any User data, including, in violation of the TestPower Privacy Policy and;
  8. Your breach or alleged breach of any agreement or policy between You and other Users.

TestPower reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us and You agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of TestPower. TestPower will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.

21. YOUR INTERACTIONS WITH OTHER USERS

Your interactions with other Users, including payment of Courses, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and the other User. Like with any web-based interaction, We suggest that You use caution and good judgment. If there is a dispute between You and any third party (including any Member or Instructor), TestPower shall is under no obligation to become involved and You shall not implead TestPower as a party to the dispute.

22. LIMITATION OF LIABILITY

You agree that, under no legal theory, including, but not limited to negligence, shall TestPower or its successors, affiliates, contractors, employees, suppliers, licensors, partners or agents, be liable to You for (a) any indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, cost of cover, goodwill, use, data, or other intangible losses (even if TestPower has been advised of the possibility of such damages), arising from or relating to this agreement or Your use or the inability to use the TestPower Platform; or (b) any damages arising from or related to this agreement or Your use or the inability to use the TestPower Platform (in the aggregate for all potential claims by You) in excess of the total amounts paid to TestPower by You in the three months immediately preceding the initial notice of any claim.

These limitations shall also apply with respect to damages incurred by reason of any products or services sold or provided on any Third Party Sites or otherwise provided by any third parties (including third party application developers) and received by You through or advertised on the TestPower Platform or received by You on any Third Party Sites.

23. CHANGES TO THE TESTPOWER PLATFORM

TestPower reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the TestPower Platform or any part thereof, including adding new features to any portion of the TestPower Platform, with or without notice. TestPower will not be liable to You or to any third party for any modification, suspension or discontinuance of any portion of the TestPower Platform or the TestPower Platform as a whole.

24. AMENDMENTS

TestPower reserves the right to amend, modify, change, add or remove portions of this Agreement or any guidelines at any time without notice to You by posting a revised version on www.TestPower.com or elsewhere on the TestPower Platform. The revised version will be effective at the time TestPower posts it. Please check for the latest version of this Agreement and any guidelines periodically for changes. Your continued use of the TestPower Platform after posting of the changes constitutes Your binding acceptance of such changes. However, if the revised version includes a material change, it will be effective for an existing User (including an Instructor or Member) on the earlier of (a) the date You accept it, and (b) 15 days after the material changes are initially posted to www.TestPower.com or elsewhere on the TestPower Platform. The revised version will apply to You immediately if You are a User who registers or first uses the TestPower Platform on or after the posting of the revised version.

25. TERM AND TERMINATION

TERM

This Agreement shall remain in full force and effect unless and until Your account is terminated in the manner provided herein. You may terminate Your account and end Your use of the TestPower Platform at any time and for no reason by contacting us at info@TestPower.com or at the address set forth below in the “Contact Us” section.

TERMINATION

TestPower has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate Your account, block Your email or IP address, or otherwise terminate Your access to or use of the TestPower Platform, (ii) remove and discard any Code or Content within any or anywhere on the TestPower Platform or (iii) Remove a Course with or without notice, and with no liability of any kind to You.

If You terminate Your account or We terminate Your account for Your actual or anticipated breach of Your obligations under this Agreement, We will have no obligation to refund You any fees You may have paid except as may be required by applicable law.

EFFECTS OF TERMINATION

Upon termination of this Agreement You will no longer have the right to access Your account, Your Content and User Data. TestPower will not have any obligation to assist You in migrating Your Content or User Data. You should ensure that You have migrated all Your User Data before terminating Your account.

26. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by, and construed in accordance with, the laws of India. All disputes, differences and/or claims arising out of these presents or as to the construction, meaning or effect hereof or as to the rights and liabilities of the Parties to this Agreement shall be settled by arbitration to be held in Bangalore in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or any statutory amendments thereto or any statute enacted to replace thereof and shall be referred to the sole arbitration of a person to be nominated by ­­­­­­­­­­­­­­­­­TestPower. In the event of death, refusal, neglect, inability or incapacity of the person so appointed to act as an arbitrator, We may appoint a new arbitrator. The award including interim award/s of the arbitrator shall be final and binding on all parties concerned. The arbitrator may lay down from time to time the procedure to be followed by him in conducting the arbitration proceedings and shall conduct the arbitration proceedings in such manner as he considers appropriate.

27. GENERAL

The failure of TestPower to exercise or enforce any right or provision of this agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

You may not delegate Your duties under this Agreement or assign this Agreement or Your TestPower accounts, in whole or in part, provided, however, that You may assign this Agreement in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of Your related assets or similar transaction. TestPower may assign any of its rights and obligations under this Agreement without consent, including, in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. This Agreement shall be binding on the parties’ permitted assignees, transferees and successors.

We may give certain practice tests or online mock test series free of cost to some or other users for limited time or any demo logins or any free user ids, its up to on our discretion , if you do not like our decision then do not use our website or apps. you are free to go.

This Agreement, which incorporates the Other TestPower Terms and TestPower Privacy Policy constitutes the entire Agreement between You and TestPower and governs Your use of the TestPower Platform, superseding any prior agreements (whether written or oral) between You and TestPower regarding the subject matter hereof. Neither party shall rely upon any warranties, representations, assurances or inducements not expressly set forth in this Agreement.

The terms “including” and “includes” shall be deemed to mean “including without limitation” or “includes without limitation” as appropriate.

TestPower may provide You with notices, including those regarding changes to this Agreement or any of TestPower’s terms and conditions, by email, regular mail, or postings on the TestPower Platform including the TestPower Blog. Changes to the terms of use or privacy policy are effective as per Clause 24 above. Optionally, an email notice may be sent to the users.

28. CONTACT US

You may contact TestPower by sending an email to INFO@TESTPOWER.IN